>> from the cbs broadcast center in philadelphia this is cbs-3 "eyewitness news". >> right now at 11:00, new details in the abduction investigation that's captivating our area. >> what we're learning from these criminal charges just filed against delvon barnes. >> the first hand account of carlesha gators rescue.

>> is that the moment you knew? that was an incredible moment for all of us. plus what we've learned about the 72 hours gaither was missing. and the witness police call crucial to the case. >> they was in the car for like 15 seconds. you heard like a tap, tap on the window and the window come out. >> team three coverage of the news "eyewitness news" broke starts now. >> and new tonight sources tell "eyewitness news" delvon barnes has confessed to kidnapping carlesha gaither. good evening i'm jessica dean. >> i'm chris may. we do have team three coverage for you tonight. todd quinones just talk with a critical eyewitness to the abduction. diana rocco reports from maryland where she spoke with the federal agent who arrested barnes last night. but we'll begin at northwest detectives with matt rivers who has brand new details on how investigators crack this case. matt? >> reporter: chris and jessica, as you did mention, sources have confirmed to cbs-3 that barnes confessed to the crime that is outlined in this criminal complaint filed just

hours ago by the fbi. it details how they were able to track him down during the course of their investigation. this after for the first time we heard from several members of the philadelphia police department involved in this case including the detective who promised carlesha's family he'd bring her home safely. when detective james sloan first saw the woman he had desperately searched for, his words were simple. >> i just told her, i've been looking for you, and she started crying. her mom hugged her and her father embraced her touching mommy. touching mommy. >> reporter: criminal complaint obtained by "eyewitness news" details that investigation. it describes how woman in maryland found a receipt from a philadelphia grocery store in her driveway tuesday evening. she thought that odd and called police. that led officers to an acme in northeast philly where they obtained this surveillance video shared almost immediately with other departments. >> once they saw that video, of course, things started coming together. once they started coming together it happened pretty

quickly. >> reporter: officers in the charles city council virginia sheriffs office saw that video and recognized barnes. he was wanted for kidnapping and rape in virginia and they knew he had a gray ford taurus registered in his name. another surveillance video of barnes using an atm after the kidnapping showed that car. it was then spotted in jessup, maryland, where barnes was ultimately arrested by federal agents and carlesha was saved. >> those tremendous amount of relief last night for everybody involved, and particularly the family. >> reporter: we also learned thursday how hard carlesha fought to escape. after being forced into the car sources tell "eyewitness news" she found a hammer on the floor and swung it at barnes shattering a window in the process. it was that strength that her family prayed would get her through the ordeal. their hopes pin to do a pledge police made to carlesha's mom sunday night. >> i promised i was going to get her daughter back. she didn't look me in the eye so i said it again. and she said okay. >> a promise kept.

and we now that carlesha is out of the hospital and is resting at undisclosed location in philadelphia. she has asked for her privacy as she begins her recovery. we're live outside of northwest detectives, matt rivers cbs-3 "eyewitness news". >> matt, thank you very much. new at 11:00 o'clock tonight there was a witness to this kidnapping that police called crucial to their case. todd quinones spoke with him just minutes ago and he's live for us now near the kidnapping scene in germantown. todd? >> reporter: chris, that eyewitness was walking right up green street here when suddenly he heard a woman screaming for help. >> so you know i call the cops and i'm running and i'm like yo, yo, what's going on? and he's pulling her into the car as he's pulling her into the car, he get her in there. when he get her in the car over there, he just said -- it was like they was in the car for like 15 seconds. you heard like a tap, tap on the window and the window come out. i jumped back. i moved back. i didn't know what was going on.

i didn't know if it was gunshots or whatever. >> reporter: what dwayne fletcher didn't realize at that time he just became the pivotal witness that helped police launch their search for carlesha gaither. he called 911 and provided an early description of the the abduction and get away car. it was park underneath that camera. >> thursday night police credited him for helping them crack the case. i asked him if he was okay with being called a hero? >> it feels good. i wouldn't change it for nothing. tomorrow is another day. i got to go to work. back to being dwayne. >> reporter: and so tomorrow dwayne will go back to work as a laborer at a recycling center. reporting live tonight germantown todd quinones cbs-3 "eyewitness news". >> todd thank you today delvon barnes was denied bail in town stepped, maryland. he waived extradition to charles city council tee virginia where he faces an attempted murder charge. diana rocco is in townsend and

talk to the federal agent who arrested barnes. barnes is being held at the baltimore county correctional facility after his appearance in court today. he's awaiting extradition to virginia on other violent crimes. tonight, we are hearing a first-hand account of how the atf took him down. delvon barnes went before federal judge in maryland thursday on video conference from a baltimore jail. the 37 year old is being held on a slew of rape and kidnapping charges in two states. wednesday, federal agents in virginia got a gps hit on a car he had recently purchased there and tracked him to maryland. >> as we approached the car, he -- he looked -- he was totally shocked, surprised to see atf agents coming at him. >> reporter: special agent jeffrey matthews got the call. the forward for taurus was parked in jessup maryland shopping plaza. agents moved in and saw a man and a woman in the back seat. >> we noticed he was moving in the car that indicated he would possibly be pulling out. there was a plastic bag had been placed over the rear passenger side window which we knew fit

the description of the vehicle from the philadelphia abduction. >> reporter: agents block in the car and ordered barnes to the ground. carlesha was in the back seat visibly distraught. >> at that time we said announ announced you're safe, you're safe. we're the police. who are you? and what is your name? and we couldn't really understand necessarily what she said. when we asked, where are you from? she said philadelphia. >> reporter: is that the moment you knew. >> that was an incredible moment for all of us. so and we knew that we had -- we had her. we had the right guy. >> reporter: the state police now has five days to taxi diet barnes to virginia. no word on when he will be back in pennsylvania to face charges there. in townsend, maryland, diana rocco cbs-3 "eyewitness news". >> i'm not going to say like everyone else he's a good person. because he's my nephew. he's not a good person. >> that is delvon barnes uncle. he told us today he was not surprised to learn his nephew is accused of kidnapping carlesha. in 2005 barnes was arrested in philadelphia for aggravated assault, criminal trespass,

false imprisonment, burglary and reckless endangerment. when he was released less than year ago he headed back to virginia where his parents still live. that's where police say last month barnes abducted and raped a 16 year old. the teenager was found bleeding, burned and smelling of gasoline and remains hospitalized. police in virginia say they're investigating to see if barnes has additional victims. >> well for all the breaks in this case per apartment biggest came when investigators found an image of delvon barnes car and noticed the name of a used car dealer on it when they contacted that dealer he told them the car was equipped with a gps tracker which some dealers do use to keep track of buyers who have bad credit. now authorities used that gps to pinpoint the location of the vehicle. it was at a strip mall in the 7200 block of waterloo road which is in jessup, maryland just outside of baltimore. police swarmed that area. they approached the car which you can see here from a

helicopter shot last night. inside that car, they found carlesha freeland gaither who was rescued and delvon barnes who was arrested. >> stay with "eyewitness news". we'll keep up to date on the rescue of carlesha and the investigation that follows. you can fine the very latest any time on cbsphilly.com and while you're there, make sure you sign up for our breaking news text alerts. the unthinkable happened in chester county. a three year old boy beaten to death. authorities now say deadly abuse came from the hands of his mother and her boyfriend. allegations are harrowing. >> they whipped scotty. they whipped him with a curtain rod. that of course are the holes in the wall where heads are going through the wall. with emotion in his voice, the chester county district attorney outlined what he described as a horror story. the alleged deadly abuse of three year old scotty mcmillan. >> when his body went into the emergency room, our er nurse nus

see a lot of terrible things but when they saw his body, they wept. >> reporter: mcmillan's mother 31 year old jillian tate and her boyfriend, 23 year old gary fellenbaum, now face murder charges in the death of the young boy. they're also accused of beating scotty's brother six year old ryan mcmillan. all four lived in a west cowan township trailer with fellenbaum's wife and 11 month old daughter. >> gary fellenbaum and jillian tate tied the two boys up by their feet over a door and beat them. and while they were doing that, they were laughing at these children. >> reporter: according to police, after the two beat scotty so severely, he became unresponsive. they left him alone on this mattress. >> they went shopping and went out for pizza. it was fellenbaum's wife amber who called 911. she now faces child endangerment

charges for allegedly not reporting the abuse. >> i promise you this. though the heavens may fall, justice will be done to these defendants. tate and fellenbaum face first degree murder charges and the district attorney will seek the death penalty in this case. >> ray rice's two day appeals hearing is officially over in new york. arbitrator is now deciding if the nfl improperly increased rice's suspension from two games to indefinite after video of rice assaulting had his wife janee in an atlantic city casino elevator went public. today baltimore ravens general manager testified about his former running back's jun june 16th disciplinary hearing. he said he heard rice tell commissioner roger goodell he hit january nay in that elevat elevator. >> new unless information in the hacking of home depot. the company now says that hackers not only stole credit card numbers, but also the e-mail addresses of customers

about 53 million in all. the e-mail thefts occurred between april and september. it was in september the company disclosed 56 million credit and debit card numbers had first been compromised. >> the rain is moving out tonight but what follows it could impact our weekend. kathy? >> that's for sure. whipping winds will follow this rain and bring major chill to the weekend. we'll take a look at how low that america row will go. >> and drama video as lunch turns into disaster when an suv plows through a crowded restaurant. >> plus, what if you opened a can of soda and it was only half full? well there are products that you may think you're getting more for your money than you really are. be a smart shopper with three on your side neck also tonight adding something to your diet could be the key to cutting back on smoking. we're back in just 60 seconds.

>> we're back with inn cell video from houston.

an suv crashed into a lunch crowd at a restaurant yesterday. you see the diners scattered. some even pinned up against buffet. four people went to the hospital. the elderly driver of that suv was not hurt. she says she was trying to park but hit the gas instead of the brake. >> amber vincent the dallas nurse who contracted ebola says she didn't have enough training to feel comfortable treating thomas duncan who was the only person to die from the virus in the us. vincent has since recovered but she says she still gets tired and her knees ache. she gets shortness of breath when she walks even short distances. on cnn she was asked how she became infected. >> go through it almost daily in my mind. like what happened? what went wrong? because i was covered completely every time. i followe followed the cdc protr donning and offing every time. i never strayed. it is a mystery to me. >> vincent also responded to

criticism about getting on that airplane. she says she was not symptomatic at the time and did inform health officials of her plans. the cdc says it was their mistake. on the hell watch night, a possible break through for those who are trying to cut back on smoking. taking omega three capsules significantly reduced the craving for nicotine according to a new study by the university of hifa. 48 people who smoked at least 10 cigarettes a day were part of that study. after taking five omega three capsules per day for 30 days, they reduced their smoking rate by an average of two cigarettes per day. >> there will soon be one less place to go to save on groceries. bottom dollar food is shutting down. the parent company of that low cost grocery chain has now sold its 66 locations to aldi. bottom dollar food says its stores will remain open until the end of this year and that

it's 2200 workers will receive severance pay. tonight three on your side with a warning about what some say are misleading products. these are items that may have you thinking you're getting more for your money than you really are. consumer reporter jim donovan investigates and shows you the simple thing you can do to shop smarter. >> reporter: what if you bought a can of soda and it was only half full? or purchase add container of nuts and inside was mostly air? you'd probably be disappointed. with some products like potato chips, for instance, that empty space obviously serves a purpo purpose. >> air in the bag forms a pillow so there won't be any crushing of the contents in transportation. roar report but for other items, consumer advocate edgar says oversized packages -- >> really serves no function at all. it's just deceiving to the customer. you think you're buying a bigger quantity because the package is bigger. >> reporter: there's even a name for it.

slack phil. >> you just have false size or false bottoms. that's trying to make the product look bigger than it really is. in september cvs agreed to pay $225,000 to settle charges in california that it misled consumers by selling store brand beauty products in oversized packaging. when thee on your side went shopping, we found several cvs brand items like this anti wrinkle and philadelphia international airporting cream with a packaging was much larger than the product. so how much packaging is too much? >> which would you think would contain the most product inside the box? >> this one. report roar okay. why? >> because of the box is the biggest report roar yet these 3cvs boxes contain the same amount of product. 1.7-ounces. >> i don't know if it's false advertising. it's a little more deceptive because you go by what you see. >> super annoying. >> reporter: why? >> because it's a waist. >> reporter: he cease it often. >> when you open the package, there's all these flaps there and if you stick a ruler in,

it's almost 3-inches of empty space. >> reporter: and we saw it in name brand products like this nutro jenna wrinkle repair. cvs told us they designed their packaging to be similar to national brands but as part of the settlement in california they've agreed to redesign the packaging of some items. in some cases if you look closely, the packaging may show an image or an outline of the product inside. >> it says actual product size. >> god, guess what, these are not my reading glasses. >> reporter: exactly g i wouldn't even see that. >> reporter: exactly. the only way to be sure of what you're it gooding look for the net weight. after all -- >> you're not buying the packaging. your buying the contents. >> reporter: one of the products our expert look at from owe ole we reach out to them but didn't hear back from the company. nutro jenn into toll three on your side it revise product packages to ensure compliance with regulations. again, make sure you check the labels. >> check the labels. >> bring the glasses.

>> i'm all about net weight. (laughter). >> i'm telling you when you look at a product, go for the net weight. >> you won't get scammed. >> all right. >> jim, thank you. >> you're welcome. >> in some parts of the delaware valley we're seeing a clearing sky. in other areas we're talking about drizzle and fog. let's start off in south jersey where the temperature is 49 degrees in clementon. you can see cool conditions, relative humidity is quite high. on the pennsylvania side, we'll go to the north. chuck is reporting from new hope it is only 47 degrees. you can see a third of ab inch of rain sitting right there. 48 degrees chuck pressler is roaring perkasie and let's see what he's saying. cool and damp with light fog. the good news once the colder air moves in, we will be seeing some clearing skies. over toward reading the temperature is if you have tee degrees and dave says relative humidity 85%. winds about 6 miles an hour and

visibility 2 miles. so still reduced visibility even to the north and west of the city as the skies clear. that will give way to better viewing conditions. if you would like to be an it witness weather watcher we would like you to join our team. you can be featured in our newscast. sign up now go to cbsphilly.co cbsphilly.com/watchers. we are seeing some areas of fog here and there. especially down the shore. our skycam3 shows atlantic city we're seeing some showers moving your way in ac and our barrier islands. coming up from the south some rain and a rumble of thunder along the eastern shore of maryland. that thunderstorm quite small but it may be moving in to southern parts of delaware. this is our triple sweep storm scan3. you can see the rain through south injuries moving toward the northeast. the clouds over philadelphia but from reading westward, some clearing skies. so any fog will be dissipating as the skies clear. reading still seeing visibility. 1.5 miles. philadelphia looking good. trenton visibility down to 2.5 miles. right now, cool where we have somewhat clear skies in the

poconos it's 42. 48 in allentown. 52 in philadelphia. millville, atlantic city, even wildwood temperatures in the lower 50's. well to the north and west, 30s and some cold air begins to invade the northern plains and great lake much it's all behind this our area of low pressure pulling down that cold canadian air and as our storm system moves away we'll see some of that cool air being pulled down. lake effect snows for buffalo, new york, even erie, pa. we're not going to see that. but we will see a few lake enhanced showers as our storm moves away tomorrow afternoon. skies fairly clear for your saturday. still on the cool side. we're not going to shake those cool conditions and those northerly influences to our weather. for your friday look for gusty winds. gusts to about 35 miles an hour if you still have any halloween decorations out, make sure you secure them. come tomorrow morning we'll gust to 31 in philadelphia. by 9am. gusts to 26 miles an hour in wilmington. and those gusts will persist with that colder air moving in

to the region. overnight the low temperature 44. during the day tomorrow, the high bumping up to 54. on the seven day forecast, looking ahead to some warming temperatures. we will be seeing 57 by monday. tuesday 61 for veterans day and the big dip comes next thursday with blustery conditions and highs only in the 40s. >> wow! >> brrr. >> wow indeed. >> high 50s looking okay for n now. >> not so bad. >> kathy, thanks. >> beasley is here now. we're all looking forward even passed the the weekend to monday night football. >> this will be big because we'll see mark sanchez in control of the team and see how they do the back half of the season plus we'll hear from shady mccoy very interesting conversation today about his new starring quarterback. flyers look for another win and i tell was, they're looking good. sports coming up.

>> the flyers back at the well tonight looking for pay back against the panthers a team that

beat them in florida last saturday. here we go. philadelphia off to fast start. brayden schenn rips a shot from close range. sean gets the deflect. roberto luongo couldn't do anything about it. one to nothing flyers on top. skip ahead to the second period. flyers on top. here's come vorachek a couple of stars breaking down. no chance for luongo. vorachek gets the goal. extend the flyers lead to three. that's how it would end. the flyers take the win. a final score of four to one. to the sanchez era we go. it starts on monday the eagles host the carolina panthers down at the linc. the team back at the novacare complex today getting more reps with sanchez under center with the top group. a lot of questions about the chemistry on offense, but wide receiver jeremy maclin is confident they will not miss a beat. >> i think, you know, in mark's situation with him being established as he is, i think it's made the transition a lot easier.

changes happen and when it does you have to be able to step up to the plate. >> also this week i got a chance to sit down with number 25 cbs-3 contributor lesean mccoy. he talked about sanchez coming off the bench and what he brings to the table in the chip kelly offense. >> i think the biggest thing with mark is just people got to understand that he was a starting quarterback in this league for a couple of years. he was a first rounder for a reason. so there's a reason why coach kelly through a deep ball on his first pass instead of a screen or a hand off. or a short pass because he can play. he knows that. we know that. i'm sure the teams we play they don't look at him as a backup. they're come with their game scheme. okay, let's game plan this team as if nick was playing for sure. >> all right. you can see my full interview with shady mccoy right here on cbs-3 during the kickoff show sunday morning beginning at 11:30. this was a good conversation. final toll night we counseled your votes and you are sending me and my crew for friday football frenzy to harriton high

school the rams host the sun valley vanguards. it's your kids team. your tv set right here on cbs-3. your town, your team, your kids on tv. we'll be right back.

>> breaking news now on "eyewitness news". this is wrapped new video of delvin barnes the suspect in the abduction of carlesha freeland gaither in philadelphia's germantown neighborhood. >> this video just into "eyewitness news" from charles city council virginia where barnes was wanted on attempted murder charge. he was caught last night in jessup maryland and waived his extradition back to virginia. >> we'll be right back.