good morning i'm kelly werthmann, this is the news on cbs4 on labor day, september 5th. and i'm joel hilan. >> reporter: we have a live update after a fire this a man accused of sexual assault. a description of the suspect coming up. fresh new poll numbers out for the campaign trail. how close the race to the white house is just weeks from election day. this is the news breaking out of denver now. live pictures coming from eddy castro. police are investigating a hit-and-run at 19th and chestnut. dpd tweeted the pedestrian hit

this is a very active scene downtown near 19th and chestnut. we'll continue to bring you updates as we get them. so getting to all that breaking news in a moment. first let's get a check on the forecast. >> lauren whitney is in the weather center and sounds like a nice day on top. yes, mostly sunny danger. red flag warnings start at noon. we will be gusty and dry around here. more about that in a moment. let's check in with joel in the morning drive. closures still in place for taste of colorado. all those tents out and people enjoying that today. that means road closure in place until 6:00 tomorrow morning. it will impact the first half of the morning commute. across the denver metro area, a good looking drive.

of those situations where you get to enjoy the drive. evacuation notices are in place ahead of a quickly growing wildfire in larimer county. nearly 30 structures have been threatened. shawn chitnis is outside the larimer county sheriff's office this morning. what's the latest? >>reporter: joel, at last update the fire is 300 acres in size and 10% contained and they are expected to increase the number of people fighting t that group of members work on that team. take a look at what it was like on sunday afternoon and into the evening as the smoke was filling up much of the sky from even a few miles away from the center of the fire, at least the source of the fire. residents in the area said they could see the wind was strong throughout the day and they were worried lightning over the weekend may have started the fire. when they first arrived it was only two or throw acres in size

of last night it has grown in size to 300 acres. no injuries or damage as of yet. evacuation notices have been sent out to some people in the area. others choosing on their own to leave their homes. >> we came down here because the smoke was so bad so quick. just a little bit ago, that's why we came down again. >> reporter: residents saying they were concerned that lightning likely the start this fire and crews also say that they believe that is most likely what started the fire as well. another update this morning at 9:00 a.m. live in larimer county, shawn chitnis cbs4 news. breaking overnight one woman dead after a hit-and-run in aurora that happened at 10:45 last night. the woman was taken to the hospital where she died. officers found a truck nearby. the driver was arrested and facing several charges.

not been released. a man accused of trying to sexually assault a woman while she was sleeping. this is the sketch of the suspect. the assault happened in boulder early saturday morning at a home near colorado and 28th. the victim says she was sleeping on a couch and woke up to a man trying to have sex with her. he's described as black, 25-35 years old with a stocky build. time now for weather and traffic every ten minutes on the 4's. ke skies are clear and we really stay that way today. sunny and hot for most of us. temperatures right now 55 in denver and 59 in boulder and 75 in la junta. 35 in leadville. 66 in grand junction. on our red flag map you see this goes down to our southwest corner into parts of the high country gusty today at times. that's the only bummer. also very low humidity in areas.

barbecuing but be cautious because it's dry and windy. sunny skies for us and temperatures in the low 90s. it will be hot. make sure and stay hydrated and don't forget the sunscreen. good morning, breaking news we have been following this morning, the hit-and-run investigation underway. denver police had to close down 19th and chestnut, the intersection with the policepe cones are picked up and moved out of the way for the weekend so you can enjoy the drive with the exception of the long term construction projects. denver police officers are going undercover to stop reckless driving in northeast denver. >> for the execution we're going into the parking lot and set up and blend into the crowd. start calling out vehicles and plates and violations. >> we have a two tone chevy

the truck with no bed is driving really erratic. >> give me your name. >> do we have enough tows here? >> reckless and careless drooiing is a serious ticket. where he isless is usually enough to get your license suspended. >> the operation taking place on august 19th. police issued four citations and had to tow three vehicles. they also arrested a driver wanted on an outstanding warrt. enough to curve reckless activity. a new cbs news poll shows donald trump trailing hillary clinton among voters in key battleground states. clinton leads trump 45% to 37%. in north carolina clinton is ahead by four points. the democratic presidential nominee leads trump by two points in the 13 most competitive states here in colorado. trump's campaign says he can still win in november.

and making investments this week with absentee ballot outreach and ads in 10-12 states and pennsylvania is one of them. >> the cbs news poll shows voters are concerned with clinton's explanation about why she used a private server while she was secretary of state. the answers are getting less believable. >> she said look, by using one device i made a mistake and i apologized for it and wouldn't do it again. >> vot 65 days. the north koreas have launched three missiles towards the sea of japan according to the south korean military on the last day of the g-20 meeting in china. president obama and russian president vladimir putin couldn't come to an agreement on cease fire in syria but they did

thousands of refugees in a war ravaged country. >> we have great support with the process that's required to bring about peace in syria. but if we do not get some buy in from the russians on reducing violence and easing the humanitarian crisis it's not easy to say how we get next phase. 15 boy scouts in san francisco got quite a scare. their cat ma ran flipped over in the bay. all were wearing life jackets. many of the kids were clinging to the boat. >> looks like they're all doing tien. when kids are in the water your fear is hypo therm ya and we

ingested so they'll be checked out by physicians. >> some of the scouts suffered minor cuts and bruises but all are expected to be okay. up next, the latest on the major effort to clean up denver's park from a rash of drug use. did an earthquake trigger an early birth? that's what nurses in one oklahoma city say happened.

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an update on the effort of denver police to fight drug users along bike paths in city parks. starting last week anyone caught

can be suspended from the park for 90 days. we sent out stan bush to see if people are noticing a difference. >> reporter: denver park users say they're seeing a difference in some of their favorite areas. >> i've been running up here the last three years. it seems different for sure. >> reporter: on friday the city began enforcing a sweeping measure to clean up drug traffic and use banning parks for 90 days if they're caught using >> i think young people are acting aggressively on the bike path. >> reporter: the ban order comes after 3500 needles were collected out in the open in denver parks just this year. the effort is trying to address a problem that become a permanent black eye for the city. drug use in the city parks like the cherry creek trail has become so rampid many people avoid the areas altogether.

dealers and things. it's better but obviously still -- if you look at the trash and debris. >> reporter: the new program uses undercover law enforcement to spot people using drugs. they're banned from the park but also given treatment options for addiction. the aclu has criticized the program. park users say they don't expect the clean up to last forever. >> more efforts need to be done to help its root cause more they're gone. time now for weather and traffic every ten minutes on the 4's. here's lauren, good morning. >>. good morning, off to a nice start on labor day. 52 in akron, 45 in limon and 52 in denver. 66 over in grand junction. on our satellite and radar, it's quiet across the state. a little fog in the north eastern plains and that's about it to start the day.

picking up and we're going to see the humidity level drop. for parts of douglas county out to lincoln and parts of the high country and valley areas are gusty and parts of the western slope all the way down to our south western corner. gusts up to 30 miles per hour and the humidity really dropping off. fire danger extremely high. be extra cautious. mostly sunny skies, we have the chance of ss afternoon and evening hour. some of the rain may stick around overnight tonight but should clear by tomorrow morning. fog tomorrow morning in the north eastern plains and it's fairly sunny and a chance for isolated thunderstorms in the afternoon and evening and most of them are on the eastern side of the state. western slope staying dry today and tomorrow. 85 in grand junction chlts 76 for steamboat and aspen. 72 in frisco and you head towards the eastern side of the state, the heat is strong.

the eastern plains. 97 in la junta and 98 in lamar. sunshine today may get gusty in denver so watch out for wind. other than that a dry sunny day for us. tomorrow a slight chance of isolated storms and after that down into the low 80s tomorrow and mid 80s on wednesday and thursday. let's check in with joel on our drive. a tough spot downtown. breaking news, police in denver are investigating a hit-and-run. these from eddy castro. this is 19th and chestnut. the pedestrian hit is in serious condition. we're working to get more information and will share sit with you when we get it. this is 19th and chestnut. do you see the purple line along colfax? it's closed in both directions for taste of colorado. along i-225 and c-470, nice and wide open and we expect that to continue throughout the morning commute this morning.

along i-225 from parker road out to i-225 speeds in the 60s. a retired navy veteran is on a cross county journey he says about bringing attention to paren tall quality. he represents parents across the country caught up in battles with family courts even though they may not be charged with a crime. he carries the flag with the star and stripes upside down. supporters say though that's a signal of dr property. >> right here in america they are incentivizing state courts to take children from us and reduce us down to visitors. thousands of dollars in litigation. i spent $40,000 plus in litigation. all i want to do is be a father. >> jackson started his journey in loim, washington and will stop in cities like to pee ya and indianapolis before ending

olympia. a baby born on saturday hours after the earthquake hit in oklahoma city. the mother's water broke and the dad says the shaking caused the birth. >> having the earthquake be there in the biggest that's ever been recorded in oklahoma, to have that to say hey looking back, you came into this earth because of an earthquake. definitely cool story that will last her whole life. >> little bit after an aftershock for d both mom and baby are doing well. we see this from time to time here in colorado but run ins with wildlife don't just happen here. this elk got stuck in a tire swing in arizona. the yard he stumbled into belongs to a veterinarian. after 12 hours she helped the creature get free. now the veterinarian is being

the corn hus kers took to the field with ten men, no punter. it's a penalty for delay of game

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it can be tough to be motivated to get to the gym but some trainers are offering a money back guarantee if you don't get in shape. at this manhattan gym if you don't get into shape you get your money back. rob thought it was too good to be true i thought there had to be

refunds would never be a possibility. >> reporter: but he gave it a shot. it's been four months and he's lost 30 pounds. jeff halavee is the owner of the gym and he came up with a "finance guaranteed" idea. >> it's this entire notion of accountability and these unused gym mep ships people are paying for get them nowhere. >> reporter: it's based on five crit fat mass and card owe and flexibility. not weight loss. >> if our members haven't improved in three out of five of these areas in our first 90 days we give them all their money back and they're completely let out of obligations of the membership contract. >> reporter: a handful of gyms across the country are offering money back guarantees to attract customers. make sure you read the fine print. >> you have to be careful.

their track history is and what the 100% money back guarantee entails. >> the numbers are actually good with this investment he's happy not to get his money back. jill wagner, cbs news, new york. i feel like i got my exercise in just watching that video. it was introduced at the end of 2014. he says so far no one has gotten their money back. >> good for them. time now for weather and traffic every ten minutes on th. good morning, no major delays across the country today. stormy in the gulf and still rain in the northeast as well thanks to remnants of hermine. thunderstorms possible in the midwest into parts of minnesota and nebraska today. on the opposite of the country as you head towards the pacific north west could see rain in that direction and it will be

96 in las vegas. the security wait time at dia is not too bad but it's a holiday so it will pick up later. live pictures from photo journalist eddy castro at the scene of a hit-and-run investigation at 19thing and chestnut. you can see the yellow caution tape that is up and blocking off all lanes of traffic there. the pedestrian hit is in serious condition this morning. we are working to gather more information and we'll share that with you as w morning. if you're heading out to dia a good drive for you. look at all that green along pena boulevard. drive times looking nice in the eastbound direction along i-70 and as we look at the a-line how about, that no delays at least for now. >> it's probably a nice change up for you to be able to say "no delays and all green". >> yeah, 5:25 now and it's

after the break the latest on the search for a suspect after a woman found shot to death in boulder. you will probably see sandbags instead of sun worshippers instead of beaches across the northeast today. hermine still has enough power to create dang winds and rip tides. i'm hena daniels in new jersey, i'll have the story coming up. good morning, talking card spot. i know a lot of teams say this but there's more than six games the rockies should have won this year. like when you have your ace on the mound 20 games under 500. those are games you need to win. tony walters gave the rockies the lead but then the guy batting 194 with two home runs this year crushed a three run

once said "no one desires evil" i don't know how that implies here but i thought i would impress you by quoting socrates. >> that's baseball. i wish i could go back and do it over again. but unfortunately just looking to the next one now and pitching to the side and learning from it. rockies host the giants this week. have a good one. great time for a shiny floor wax, no? not if you just put the finishing touches on your latest masterpiece. timing's important. comcast business knows that. that's why you can schedule an installation at a time that works for you. even late at night, or on the weekend, if that's what you need. because you have enough to worry about. i did not see that coming.

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hit-and-run at 19th and chestnut. dpd tweeted out the pedestrian hit is in serious condition. we're working to gther information from the scene. the entire intersection is blocked off. you see the heavy police presence there. we have a tough drive across the denver metro area downtown as the taste of colorado is going on. that has led to road closures including broadway and colfax as well blocked off in both directions. it's just a tough drive around there. let's turn things over t day forecast. >> clear skies and fog into our north eastern corner of the state. other than that, off to a beautiful start. we'll talk about the heat and fire danger coming up. back to you kelly. evacuation notices are in place of a quickly growing fire in larimer county. 30 structures are being threatened. shawn chitnis is live outside the larimer county sheriff's