in philadelphia this is cbs3 "eyewitness news". now at 11:00 o'clock a victim fights back and a suspect is dead. a man turns the tables on would be robber on a quiet running trail in upper darby. good evening jessica is off tonight. i'm chris may. the suspect trade to rob the wrong guy today. the victim had gun and wasn't afraid to use it. he shot that suspect dead. and tonight we have brand new information on the investigation centered in the cobbs creek park in upper darby. david spunt is live for us at upper dash plea police headquarters with more. david? >> reporter: chris detectives here at headquarters are working to identify the man who was shot and killed in the park today but they insist that the shooter here is the victim. police say an afternoon stroll through cobbs creek park turned deadly in just seconds. when a masked man jumped out of the burbs and threatened to kill a sketch-year-old man.

>> at first the victim is started. and then he reaches out and grabs the gun hand of the gunman gunman. >> upper darby police superintendent michael chitwood says the sketch-year-old and man carrying the gun began physically fighting. chitwood says the sketch-year-old pulled out his own gun and shot the alleged robber in the head killing him immediately. the victim has an active console carry permit. >> he was really shook up. really upset and i told him point blank, i said, you did what you had to do and as far as um concerned i don't see any criminal charges. >> reporter: neighbors watched from across the street. upset but not surprised. >> it's not really a good place placing to through any time. >> reporter: michael helperly grew up across the street from the park and says he was tacked on the same path. >> i was just walking hope at night and they came up behind me and struck me. >> reporter: catherine cooper also lives across the street and nervously watched police collect evidence including the alleged robber's gun which detectives say turned out to be a toy gun.

>> people getting fed up, so you have to protect yourself those days. >> reporter: chitwood says the alleged robber had several cell phones on him and believes this attack was random. >> a shame somebody had to die. at the end of the day the bad guy pulled a stick up lost. >> reporter: the victim originally told police that there were two suspects involved involved. he later changed his story said there was confusion in the heat of the moment when there was a lot of chaos going on. he said there was actually only one suspect involved. we are told that victim was taken to a local hospital complaining of chest pains. superintendent chitwood says he's expected to be okay. we're live in upper darby tonight. david spunt cbs3 oy witness news news. >> david, thank you very much. another violent encounter led one woman to take action. >> a man crossed my path and began to deliberately walk towards me. >> she managed to get away but what happened that day inspired her to take control. she's now developed unique products that literally sound

the alarm. items you can wear or use that can stop an tack and even save your life. don't ms. our special report. it's just minutes away. we have new information just into the "eyewitness weather" center about snow headed our way for the morning. meteorologist kathy orr what are you sewing? >> right now we're seeing the snow moving toward the south and east toward the philadelphia area. the clouds are on the increase and on storm scan3 not much going on just yet. but tomorrow morning there will be. it's get a little bit close sr. computer models showing breaking apart little bit during the early morning hours. but i want to show you our high resolution model doesn't look that pretty this is what we look at when we're looking at snow in the short range. so for the over into the and as it gets a l bit closer here's a look at the lehigh valley by about 7:00, 8:00, 9:00, 10:00. right through the city and then through south jersey we're seeing that band holding together. so what does that this mean? this means lehigh valley and north and western suburbs between 6am and 9:00 a.m. you'll

see light snow passing through. philadelphia even south and east between 8:00 a.m. and 11am some snow showers moving on through. not just flurries but some snow showers. best chance of seeing coating to an inch will be to the north and west as you head toward the lehigh valley one to 2-inches of snow expected in the poconos. here's a few more details. with that light snow, some reduced visibility especially north and west. some slippery spots for your morning commute. temperatures plunging during the morning well below freezing. coming up we'll talk about this temperature tumble much the frigid friday ahead and then i want to focus on the weekend storm as that continues to evolve. we'll get a little bit more detailed on that coming up later in the broadcast. chris. >> okay, kathy. thank you. forecasts subject to change through the overnight hours. you'll want to get the latest from meteorologist katie fehlinger when you wake up. tune into "eyewitness news" tomorrow morning starting at 4:30 right her on cbs3. new at 11:00 a man is hit and killed on a south philadelphia street tonight.

police tell "eyewitness news" that the man was trig to cross near 23rd and oregon when he was hit. the driver did stop at the scene. police have not yet identified the victim. well, many questions remain unanswered tonight about that deadly train crash near new york. six people died when a commuter train smashed into an suv and now investigators believe that it was boxed in on top of the tracks between lowered crossing gates. the train was traveling an estimated 60 miles an hour when the accident happened. a mercedes suv driven by a 49 year old mother of three ellen brody had just been diverted from the scene of an accident when it stopped on the tracks and was hit. the impact so powerful it peeled away the electrified third rail setting the suv and the train on fire. both came to a stop a thousand feet down the tracks. >> everyone was trying to figure out what was going on. how their loved ones were. how to get home. where they were. nobody even in you what town they were in. >> this is the worst accident in

the history of new york's metro north. and it illustrates the dangers of rail crossings. last year alone more than 2,000 so-called highway rail incidents killed 239 people in the us. and a whopping 87% of those fatalities were found the result from drivers actions and poor judgment. experts remind drivers to always obey crossing signals to stop their cars between 15 and 50 feet back and never come to stop on the tracks. >> they don't happen that often. when they do, the results are catastrophic. septa says there have been just three accidents at their 87 crossings since 2012 and that none of those involved a fatality. so when you're on train where is the safest place to sit? well experts say that nothing is foolproof but historically take an aisle seat over window seat. and generally speaking they say the middle of the car is safer than either of the ends. well 12 people are still missing, 31 are dead in this

plane crash that was caught on dash cam video in taiwan. turbo proper plane crashing just after take off. this was trance asia airways flight 235. it could be seen in the video clipping a taxi and a highway bridge. and then kareening no the river. remarkablely 15 people were pulled alive from the wreckage. but 58 were on board. the pilot issue a may day call just moments before the impact. >> may day may day engine out. >> that is the sound of pilots there saying an engine had flamed out. the pilot of this plane and the co-pilot had a combined 11,000 hours of flying time. this is the second fatal crash for this airline in less than seven months. new at 11:00 o'clock tonight the cbs3 i team learned two philadelphia police officers are expected to surrender in the morning on criminal charges that follow a grand jury investigation. sources say the officers are expected to face assault charges for allegedly using excessive

force in the arrest of a suspect suspect. now that man who was pursued by the two officers was arrested in an alley and sources tell us the alleged assault was captured on video. right now police and prosecutors are declining to comment but more details are expected to be a nunsed tomorrow. new at 11:00 tonight there's been a police involved shooting in kensington. chopper three over gurney and somerset just after 6:00 o'clock tonight. police tell us they were chasing a suspect when he fired at one of the officers. that officer then return fire. now the suspect was not shot but he was taken into custody. we're told no 91 was injured. follow up now on story that really sparked debate about race and police relations in lower merion township. a week after police detained snow shovelers and set off a storm of controversy officials are revealing the findings of that are investigation. "eyewitness news" reporter diana rocco was the only local tv reporter there to learn the new details.

>> reporter: two groups of men shoveling snow in the penn wynne section of lorimer your stopped by police much this picture has gone viral drawing strong charges of racial profiling but police now say the officers acted pope itly. >> the investigateing officer had reasonable suspicion to conduct an investigatory stop of these five adult males for violation of a township code. >> reporter: police say after reviewing video from the officer's stop and conducting interviews, the men were violating a township ordinance that requires a permit to go door to door and solicit service services. an ordinance that he can concludes youth. >> both groups of men were allowed to stand on the sidewalk and move about freely. they were not handcuffed nor did any officer make any physical contact with them. >> reporter: a man in each group had an out stand warrant and police asked them to sit in the snow while the issues were resolved. no citations were given. they were allowed to finish the job they had started and one man even shook the officer's hand.

>> i think this is just a little extreme. they're shoveling snow in broad daylight. >> it wasn't for the activity, lots of people shoveling snow particularly at that. it was for going door to door and canvassing soliciting. >> reporter: even with that explanation not everyone is convinced. >> our mayor gives you their hours to shovel our sidewalk so everybody was out shoveling sidewalks but they only stopped black men in a white community much that's racial profiling. >> reporter: no one has been issued a citation for snow shoveling in lower merion. officials are now going to take another look at that ordinance to see if it needs to be made more specific. in lower merion, i'm diana rocco cbs3 "eyewitness news". tonight a teenager is accused of masterminding a facebook he can torsion plot in the poconos. authorities in monroe conte say the suspect posed as girl and tricked dozens of boys into sharing nude photographs of themselves. the 14 year old is a student at mount pocono west junior hoy

school. now police say that if a victim initially sent photos but then refused to send more, the suspect would threaten to pest the original become chess online online. >> makes you wonder why the other parents are doing. in regards to monitoring their kids. >> this is the if the i've ever encountered a child pretending to be different child in order to access other children. that was little odd. >> investigators say the suspect even asked victims to send gift cards in exchange for nude photos. that young man tonight is charged with theft by extortion transmission of sexually explicit images and solicitation solicitation. in philadelphia the race for mayor is shaping up tonight. the former city councilman jim kenny officially entered the race for the democratic nomination announcing today at city hall. joins a field that includes the former da lynne abraham the state senator anthony williams and the former judge nelson diaz diaz. >> we will go to harrisburg and we will ask for money and go to washington and building for money do all the things he need

to do to try to get what's due us. but floss super man in harrisburg flying in to solve our problem much there's in sowp mr. man from washington coming in to solve our problems. our problems are what they are and we have to get our arms around them and deal with them. >> it looks likes the field is not yet set. doug oliver a former spokesman for mayor nutter is expect to do announce his candidacy on saturday. >> get your powerball tickets out. we have winning numbers. $324 million up for grabs. lottery machines in center city philadelphia busy churning out those numbers tonight. it's been nearly a year since the powerball jack.climb past the three hadn't dread million mark. no more suspense. here are the numbers they are 24 36, 51, 52, 56 and the powerball is 22. we've got those numbers for you. they are posted at cbsphilly.com cbsphilly.com. still come here tonight an easy way for women to stay safe

with high tech help. >> ever feel unsafe walking to your car? now there are things you can wear something as simple as charm on necklace that could stop an tack or even save your life. i'm erika von tiehl. i'll have that story coming up. in weather we're talking about snow showers for the morning commute and then gearing up for a developing storm for the weekend. you may have to shovel this time time. we'll take look at that coming up. >> and with rumors swirling about bruce jenner tonight his mother weighs in in a brand new interview. what she has to say about her son and his future when "eyewitness news" continues in just 60 seconds.

>> police in bridgeton are investigating a second home invasion in just four days. the latest happened on wayne road last night. two suspects there forced their way into the home and then demanded money from 74-year-old woman who was injured. on saturday two suspects forced their way into a home on west

lincoln street. the having tim in that case a 94-year-old man had to be flown to cooper hospital with head injuries. police believe the home invasions may be connected to other break ins in that same area. confirmation hearings began in washington today for philadelphia native ashton carter. he is the president's choice for defense secretary. carter grew up in abington. he testified today before the senate armed services committee. and criticized the automatic spending cuts known as sequestration. carter did acknowledge the department must do away with its wasteful spending. >> the tack pair cannot comprehend it let a lone support the defense budget when they read as the chairman has noted of cost overruns, lack of accounting and accountability, needless overhead and a like. this must stop. >> carter did serve as deputy secretary of defense from 2011 to 2013. if he's confirmed by the senate carter will replace the current secretary of defense chuck hagel

hagel. well today in an unprecedent unprecedented proposal the head of fcc said the internet should come under federal regulation. tom wheeler said the internet should be reclassified a utility much like a fenn company. wheeler said the company -- government rather should ensure everyone's access is the same preventing companies from playing favorites with preferred customers for higher content speed. the entire commission of the fcc will vote at the end of of the month. what is happening with bruce jenner? that is among the top talkers on the internet right now. and now his mother is waiving in. 88 year old esther jenner opened up to the associated press about her son's gender identity. he is seen here with his ex-wife chris. the two divorced in december. now jennifer months hotter did not confirm or deny that bruce jenner is becoming a woman. she said she was surprised when her son talked to her about his transition but she remain very supportive. jenner's appearance has gradually become

mr. traditionally feminine. do you ever worry about walking alone at night? what if you had been stalked or assault assaulted? there are now new devices out there that may give you protection on the go. thing that you can wear and may help stop an tack. here's our erika haven't teal. report. >> i was taking a short cut and a man crossed my path, and began to deliberately walk towards me. >> reporter: cat alexander managed to get away but that terrifying episode inspired her to develop this, the siren rink. >> if you activate the top face of the ring it will activate a 110-decibel alarm. >> any sound is going to stall and bring attention to you and i think that's a good thing. >> reporter: security expert alan says any loud unexpected noise can be a life saving deterrent to scare an tack kerr away. like a device that screams for help. >> the fact that you are create creating noise is going to bring attention. >> reporter: who doesn't carry a smart fenn? now it can also

be part of your security detail. >> this smart fenn app records audio and video and calls for help. >> this is the alert button. you can press and hold it. this is great for when walking to your car or for short time period when your thumb is row leased it automatically triggers the alarm. >> reporter: alarm can be triggered if you drop or even shake your phone. there are also wearable panic buttons that have the same alarm and help features. >> the pod can be worn in the head band to automatically detect a head injury during a violent crime. this represents getting an impact to it. takes a hit. automatically triggers. >> the pod can also be attached to belt or a bracelet. this charm called stiletto uses your cell phone. in an emergency say you're being followed in a parking garage all you do is squeeze the charm, now that will automatically call 911. plus it will give them your location and send them a picture of you. if it turn out to be nothing you can press the charm again and it

cancels the alert. and you'd never know this bracelet is loaded with pep mr. spray. >> the more tools that we bring into our lives to help us with our personal safety are good. as long as you don't adopt a false sense of security. and get lazy and play zen. report roar experts agree staying alert within your surroundings is always necessary necessary. regardless of what you're wearing or carrying. erika von tiehl cbs3 "eyewitness news". kathy joins us now. there is some intrigue in our forecast tonight as we move toward the morning. that's right. we do have some snow showers come tomorrow morning. is he just be aware of that. some slick spots for your morning commute as the morning progresses and then the weekend storm we're calling it the grammy sunday storm. take lock outside where we have pretty nice conditions at jackpot big boulder. it is cold but it's going to be getting even colder on storm scan3 we do have the snow that's moving in with an arctic front.

yes, some snow showers associated with this, but the big story in the end will be the very cold conditions that get brought in on the back side of this front and it is going to get very cold very quickly across the region tomorrow. our i were the weather watchers are telling us clouds have rolled in and the temperatures are falling as well. not too cold just yet. the arctic front comes through tomorrow morning. in levitt ton the temperature 37 degrees. right now elsewhere around the region we're looking at numbers. that are pretty comfortable. you can see greg is reporting in delaware it's arthritic. coatesville 38 and in royersford arthritic. phil says in philadelphia 40 and you can see even in buena margo saying it is 35 degrees. here's a look at temperatures elsewhere. in philadelphia right now we're at 41 degrees. it's pretty comfortable out there. allentown 27. but the cold is coming. you can really see where that arctic front has been. chicago 10. minneapolis two. desmoines only three. so we will get in on peace of

that arctic air tomorrow. watch the front move through with some snow showers. to the north and west of the city it could come through as brief snow squall. so please be aware of that. then in the wake of this, skies will clear. it will turn blustery and temperatures plunge from early highs in the 30s. as that arctic air moves in. here's an idea of what worry talking about. 7:00 a.m. 33. by 11:00 o'clock 30 not so bad. look at 7:00 p.m. 23. and by 11:00 p.m., tomorrow at this time it will only be 17 degrees. then friday frigid temperatures in the 20s. we warm the up l bit saturday with clouds. but then lock at here. another arctic front moves on in and this is going to create some problems. it's going to sing to the south saturday into sunday and area of low pressure develops along it. we'll start off as a little rain sunday changing over to snow. and them we could see that snow continuing into monday. right now it look like a light accumulation through south jersey a moderate come lag through philadelphia and significant as you head toward the lehigh valley and poconos.

as we get closer we'll continue to fan tune this forecast it is going to be a tricky one. overnight, look for those snow showers toward dawn to the north and west the low near 30. tomorrow we're looking at temperatures falling through the day. clearing and blustery for the afternoon. winds gusting that 35 miles an hour. on the exclusive "eyewitness weather" seven day forecast friday frigid, saturday better. there's our grammy sunday storm into monday. and turning a little bit milder tuesday and wednesday. that's a look at the seven day forecast. we'll be back with lesley and sports right after this. trading-in or selling your car, truck or suv? webuyanycar.com takes the hassle out of selling in just 3 easy steps.

one, get your free online valuation. two, drive to your local car buying center. and three, walk out with your check in as little as 30 minutes. buying used cars is all we do... all makes and models... no dealership pressure. we'll even settle your loan or lease. so don't wait. get your free online valuation now at webuyanycar.com

(vo) after 50 years of designing cars for crash survival, subaru has developed our most revolutionary feature yet.

a car that can see trouble... ...and stop itself to avoid it. when the insurance institute for highway safety tested front crash prevention nobody beat subaru models with eyesight. not honda. not ford or any other brand. subaru eyesight. an extra set of eyes, every time you drive. villanova taking on marquette at the center tonight. that team and five game skid. after slow start the cats takeing control two minutes left in the

first half ryan hitting the three right there. cats led by 16. he scored 18 later on cats with the block on the break. phil booth goes in for the basket is fouled. villanova won 70-52. next up for the cats a rematch against georgetown and saturday. meanwhile temple trying to stay hot against south florida. a item they handled easily a couple weeks ago. they trailed by a point going into the second half. will comings scored 19 points to go over 1,000 points in his career. temple won their fourth straight game 61-48. james franklin promised to donovan mcnabb 98 the state in recruiting when he took over bill o'brien. they had first full recruiting class since 2011 ranked 12th in the nation. 11 kids from pennsylvania including five from our area. >> we take great pride in the high school coaches and the players in this state. we think we can very very successful with mares from pennsylvania and from this row john. so i think that's very very important for us moving forward.

>> temple they get 19 letters of intent includeing a couple four star players tj simmons from lakeland florida and kareem ali from timber creek hoy school in sicklerville new jersey. >> i'm just here so won't debt fined. i'm just here so i won't get fined. >> you know what, the league said they will not fine marshawn lynch because did he fulfill his mode ya obligations at the super bowl. that lat that he wore met league requirements because it was made an by inform fl approved company and wasn't team colors. we'll be right back with more news.

♪ new at 11:00 o'clock tonight the upper darby high school wrestling team shows their appreciation for those who protect and serve. the varsity and jv squads honored all township police officers firefighters and

paramedics at their match tonight. "eyewitness news" was there at upper darby high school. wrestlers took hands with the first responders after the ceremony and then the team faced off against garnet valley high. we'll be right back. ♪

huh, fifteen minutes could save you fifteen percent or more on car insurance. everybody knows that. well, did you know pinocchio was a bad motivational speaker? i look around this room and i see nothing but untapped potential. you have potential. you have...oh boy. geico. fifteen minutes could save you fifteen percent or more on car insurance.

♪ ♪ ♪ turn around ♪ ♪ every now and then i get a little bit hungry ♪ ♪ and there's nothing really good around ♪ ♪ turn around ♪ ♪ every now and then i get a little bit tired ♪ ♪ of living off the taste of the air ♪ ♪ turn around, barry ♪ ♪ finally, i have a manly chocolatey snack ♪ ♪ and fiber so my wife won't give me any more flack ♪ ♪ i finally found the right snack ♪ ♪ ♪

>> "eyewitness news" returns tomorrow morning at 4:30. we thank you for watching "eyewitness news" at 11:00. for lesley, kathy and everyone her at it witness news, i'm chris may. we're always on at cbsphilly.com cbsphilly.com. david letterman is next with ryan reynolds. have a great night. we'll see you back here tomorrow. ♪

( band playing "late show" theme ) >> from an undisclosed location, it's "the late show" with david tonight... plus paul shaffer and the cbs orchestra. i'm alan kalter. and now, your mid-atlantic double deck pinochle champion, david letterman! captioning spnsored by worldwide pants and cbs