m the cbs broadcast center in philadelphia this is cbs3 "eyewitness news". now at 11:00 the shocking video that ended with charges against two philadelphia police officers. what this video shows and what we're learning about the case tonight. good evening, i'm jessica dean. >> i'm chris may. cbs3 first broke this story last night telling you these officers would turn themselves in to face charges. now we're going to show you video of the confrontation that left philadelphia man battered and brew. "eyewitness news" reporter david superintendent joins us with new information in the case. >> reporter: 10:00 o'clock the night, may 29th 2013. near somerset in north philadelphia. police officers kevin robinson and sean mc knight were making rounds and pulled over najee rivera on his motor scooter for a traffic violation. rivera left the scene. the two officers chased him. and you're about to see what happened next.

look closely. police say the two officers through rivera against a wall before punching him several times while he was on the ground ground. >> it was wrong. even if he had been the devil himself they cannot have done what they did to him when they stopped. >> reporter: philadelphia da seth williams and police commissioner charles ramsay were blunt. they do in the support the two officers. >> what they did was totally inappropriate, tollly improper, totally in violation of any p.m. see, any training anything. ramsay said the two officers broke police protocol by not following rivera with their lights and sirens on before they knocked rivera off his scooter. but officer robin son' defense attorney fortunato per roo says his client did nothing wrong. >> i would cark terrorize what the tape shows as good, solid police work under the circumstances. >> reporter: river are had cuts to his head and a fractured orbital bone. >> when people flee and they try to keep themselves from getting arrested sometimes officers in using force create injuries.

that's the way it is. >> reporter: authorities insist both officers lied about exactly what happened that night in may of 2013 when they charged rivera. da seth williams through those charges out saying there wasn't enough after he got his hands on that video. that video was discovered by rivera's girl frenal. david spunt cbs3 "eyewitness news". >> thank you david. developing news at this hour, one of the five bucks on tow family members charged in $20 million fraud scheme is dead. "eyewitness news" on daniel drive in buckingham police responded to report of gunshot late today. outside of the garage they say they found 64-year-old thomas french dead of an apparent self up flocked gunshot wound. french is among five family members accused in a series of fires at this mansion that led to an investigation and eventually to criminal charges.

new information now tonight police execute a search warrant at the home of a 13-year-old boy accused of bringing crack cocaine to school but no arrests were made. this incident happened at mitchell elementary in southwest philadelphia just before noon today. police say that 13-year-old brought 16 packets to school and put them in an eight-year-old's book bag. that eight-year-old showed the crack cocaine to two other eight-year-olds and one of them sniffed the drugs. they were all taken to children's hospital to be checked out. superintendent william hite told us tonight an investigation is underway. >> really important for to us find out how this child came into possession of these drugs and how on earth do they end up with a 13-year-old at a school, at an elementary school. >> superintendent hite tells "eyewitness news" those children are okay. now a cbs3 i-team investigation. a south jersey man is accuse of setting up an elaborate exam stealing hundreds of thousands of dollars from schools around the country.

tonight our charlotte huffman tracks him down and confronts him in thissism team exclusive. >> reporter: i wanted to talk to you about your company. can i ask you about the bleep bleep bleep bleep. >> the man with the colorful response that's robert armstrong. a former elementary school assistant principal. >> did you scam schools out of that money that would have educated children? federal investigators say armstrong sent more than 70,000 identical invoices to schools across the country seeking $647 and 50 cents for textbooks from armstrong's company scholastic school supply. >> prosecutors say the schools never placed the orders and textbooks were never delivered because they didn't even exist. but hundreds of school administrators across at least 36 states wrote checks. and mailed them to armstrong's drop boxes one located at this business in sue well over the course of four months, armstrong

allegedly cashed in on more than $325,000. we reviewed records of purchase orders and found black foot charter in idaho is one of the schools that was examined. >> i'm deeply disappointed that someone would do this to us. we are such a low funded school. we struggle for every penny we can get and this plan was so well-deviceed and the timing was so perfect that they were able to sneak it through on us. >> reporter: armstrong facing male fraud charges and now charged with running a second male related scam under a different company name. and there are more companies. the i-team tied armstrong's franklinville address to six other companies offering everything from loans to insurance. while we were there we saw a male carrier pick up a stack of envelopes from his mailbox. despite armstrong pogs choice words the first go around came back and had this to say. >> i've been an educator for 16

years. i would never do anything to intentionally defraud any school school. um, like i said -- >> had you do you explain this invoice. >> if you speak to my lawyer he would be more than happy to talk to you about that. >> surely you can explain this invoice for textbooks. >> invoices were sent. some on my behalf. some were not authorized and that's pretty much all i can say. okay. thank you. >> reporter: i-team will reach armstrong pogs lawyer but he would in the elaborate. meanwhile authorities say they hope to return all the money to the hundreds of schools that were targeted. >> wow. >> we'll keep an eye on this as it moves forward. >> we'll be there as the case moves forward. >> all right. charlotte, thank you. >> sure. >> new tonight new jersey governor chris christie and members of his administration are on the hot seat former hunterdon county assistant prosecutor says federal investigators enter viewed him about allegations involving the christie administration throwing out grand jury indictments against the governor's supporter supporters. the interview lasted about an hour and 15 minutes. he was fired from the office in 2010 and brought a whistleblower

lawsuit against the governor and his team. governor christie's office didn't respond to a request for comment. the new jersey attorney general's office declined to comment. new at 11:00 o'clock tonight, a father charged in connection with the deadly shooting of a six-year-old neighbor learned his fate today. toms river boy was killed when the man's four-year-old son found his arrival. "eyewitness news" reporter todd quinones has details now on today's emotional sentencing. >> reporter: six-year-old brendan holt was shot and killed by a neighbor who got hold of his father's gun. >> holt's parents cried in court on thursday their family torn apart nearly two years ago. 35-year-old anthony plead guilty in october to endangering the welfare of children. his six-year-old son grabbed hold of his loaded unsecured 22 arrival from underneath his bed and accidentally shot and killed

brandon outside his toms river home. >> the torment of these thoughts will occupy me throughout my skiff tense ornithes earth. >> prosecutor called him reckless for leaving guns in the home with ammunition and accessible to kids. thursday the judge sentenced him to three years in prison. in court his older brother also shed tears. >> holt's family is heart broken and he should serve more time behind bars. >> three years and he can get out in nine months. and go on probation. how is that fair? >> reporter: his lawyers said his client had the arrival under his bed because he was worried about a possible intruder. he apologized to brandon's family and caused the accident a horrible mistake and one terrible lapse in judgment. in toms river, new jersey, todd quinones cbs3 "eyewitness news" news". we have new information tonight on the deadly commuter train crash near new york city. investigators now say that train

train's engineer hit the emergency brake when he saw an suv that had been bocked in the tracks between crossing gates. a preliminary review also shows that train was traveling just under 60 miles per hour which is the speed limb when that break was applied. the driver of the suv and fire people on that train were killed tuesday night. well theism team broke this story and now sources tell "eyewitness news" seven male firefighters investigated for alleged on duty sex with a female member have been told they violated department policy and will face disciplinary act. an attorney for the female member who is not under investigation declined comment. the firefighters union has set a press conference for tomorrow morning. they'll talk about the investigation which was conducted by the philadelphia inspector general's office. sources say the seven members cited for violating department policies can now either accept discipline or request administrative hearing. new information tonight in the hazing and sexual assault

scandal at sayreville memorial high school much the coach of the football team that its season canceled won't be back on the side line this year. the school district is now searching for a new coach. he remains suspended with pay from his tenured teaching position. seven players on that team were accused of hazing and sexually assaulting four teammates in the locker room. a potential gold mine for identity thieves and con artists artists. hackers broke in a health insurance data database belonging that anthem. the database contains up to 80 million records including names, birth dates and social security numbers. it's not known if the hackers got health records. anthem was one of thousands of health care companies warned twice last year bite fbi that their industry was particularly vulnerable to hackers. the fbism says on the black-market criminals will pay much more for personal health information called phi for short short. >> credit cards can be safe $5

or more where phi records can go from 20, say up to -- we've seen it go as high as 60 or $70. >> that information is valuable because it can be used to build a strong fake identity or even sold to criminals for insurance and billing exams. pope francis will make history during his visit to philadelphia, new york and washington in september. today house speaker john boehner announced he has accepted an invitation to address lawmakers on capitol hill on september 24th. he will become the first pope ever to speak before joint session of congress. project home co-founder sister mary scullion tells "eyewitness news" she has own wish list of what she'd like the pope to say. >> we can and must take care of the least of those among us and we can and we must end and prevent homelessness and hunger in our communityies. >> sister mary scullion was in washington today leading the

invitation at the national prayer breakfast. >> president obama welcome the dalai lama to the prayer breakfast but he did not hold meeting with the spiritual leader which would offend china. the obama administration does not support tibetan's independence from chin in a but suppressed concern over human rights abuses in the disputed region. tonight we are in an arctic blast and those wind chills will be brutal. kathy. come tomorrow morning, we're talking about dangerous cold and also tracking a storm for the weekend. some changes in the timing. all of that coming up. >> eating all the right diet food and still not losing weight weight. something do you every night could be the solution. i'll tell was it is coming up. >> also here tonight a sly spotting. stallone on the streets of philadelphia. we'll take you behind scenes of next rocky sequel when "eyewitness news" continues in just asking seconds.

>> italian stallion is back in town. camera crews were on the streets of philadelphia tonight shooting scenes for the new rocky film called creed. "eyewitness news" reporter diana rocco gives us a unique insight into this new film. >> reporter: a philly classic has come home once again. sylvester stallone has been shooting a rocky sequel around the city. >> it's the next piece in the rocky saga. rocky balboa is training and training apollo creed's son to be boxer. >> casting directors are looking for home grown extras for upcoming scenes. >> we're truly looking for everyone. all types of people. i mean this movie will be true representation of modern physical. >> reporter: philly natives and lots of boxer types are on their list. they've already been to 15 local gyms. casting has does dozen of local movies in town but this one is

different. >> philadelphia really owns rocky so much. so that anywhere this film goes anybody it touches they just -- they're all over it. >> reporter: we caught a glimpse of rocky himself on the set thursday on location on clearfield street. but the movie's casting directors wouldn't give a way many details about where the casting crew can be seen next. >> i will say yes we have the big fight sequence obviously the movie will end in a fit. but i can't say much more about it. >> reporter: since the movie started filming sylvester stallone did his iconic run up the art museum steps and then posed for pictures with fans and cast members. creed will be filming at various locations throughout the city through march. at the art museum, i'm diana rocco, cbs they eyewitness news. >> new proposal would require philadelphia bars and other places serving alcohol to have exterior surveillance cameras. councilman curtis jones are j are, plans to introduce that legislation next thursday.

this in response to the death of west chester university student shane montgomery. jones says montgomery's mother suggested the legislation to help authorities if a patron goes missing. kildare's irish pub that bar where mon was last seen alive in november did not have working cameras outside the night he disappear. kildare's had no comment on the new proposed legislation. radio shack filed for chapter 11 bankruptcy. it plans to sell 2400 of its stores and close 4,000 others. radio shack struggled to fine its place in recent years with the big box electronic stores and oh and line retailers. a a company called general wireless has agreed to buy up to 2400 of the company stores and the wireless carrier sprint may open up many shops in almost 1800 of those. sprint would be the primary brand on those stores. on the cbs3 health watch tonight, the one thing you do at night that could derail your

diet. health reporter instead of know stall has the latest on the sweet connection. >> reporter: melinda says she was doing everything she could to lose weight but the scale won budge. >> i'm eating mr. if he cannily. i'm working out. but i'm not losing this weight. i had no idea what were you going on. >> reporter: she was so worried she saw doctors and had blood work finally her nutritionist asked about sleep. >> i was going to bed at like 2:00 a.m. and waking up at 6am for meetings. >> i was in zombie mode. >> doctors have known some people pack on the pounds when they don't get enough rest now we know why. new research shows that sleep deprivation impacts a production of two hormones that control hunger. >> when you're sleep deprived for just just about any reason both of those hormones change in the direction that should make your appetite go up you really get hungrier. >> another study showed that people who are sleep deprived eat an extra 300 calories a day. that might not sound like a lot but it adds up. >> when you're sleep deprived you tendon to make bad decisions

or you don't think things clearly you grab what's easy, what's close. you're too tired of to think of something healthy. to tired to cook. >> once she started getting eight hours of sleep a night she says the pounds melted away. >> immediately in that first week i just like my clothes started loosening up and the inches start coming off. my whole quality of life as change. i feel so much better. >> sleep needs vary but experts say most people ned between seven and nine hours a night. i'm stephanie stahl cbs3 "eyewitness news". in weather tonight we're talking about very cold temperatures and wind chills that will go below zero in many locations during the early morning hours and at the bus stop tomorrow. outside we're looking at some cold conditions already in the mountains. jack frost big boulder we have an advisory in effect for wind chills that will go between five and even 15 degrees below zero overnight tonight. on storm scan3 the skies are clear.

they will stay that way and that will help temperatures to plunge during the early morning hours. so we're talking about a very cold night and a very cold start at the day on friday. our i were the weather watchers are showing temperatures that are already in the teens and take a look at some of these wind chills. it doesn't take much wind when temperatures are in the teens to make it feel like it's in the single digits or below sorry row. doug says in southampton it feels like one. in mer chanville ali says three. in burnville, four below already already. two below being reported in warminster by gary. middletown delaware, jason says it's four. eagleville lou says zero. in coopers burg, pa1 below. here the temperature in center city philadelphia. talking about 18 degrees right now. that's at the airport. four in the poconos. but look at the cold that is coming. five in cleveland. six in buffalo. and with winds out of the north even 10 to 15 miles an hour, it feels like six below in cleveland it feels like 10 below in buffalo and that's what we will be seeing tomorrow morning. so wind chills will be very very

cold. dangerously cold in the poconos tomorrow zero to five through the lehigh valley through reading and lancaster. zero to five along that i-95 corridor. and even in the single digits down the shore. through central and southern parts of delaware. so here we go again. a bitter blast during the day tomorrow rebounding only in the 20s. we're tacking about temperatures about 20 degrees blow normal for this time of year and wind chills in the afternoon only in the teens. high pressure, though, will be saving us by saturday get back outside, go for a run. take the dog for walk. temperatures in the 40s. well have the clouds but at least it will be more comfortable. then another arctic blast will be moving our way on saturday with this front. but i just look at the new guidance for our storm over the weekend. it looks like precipitation comes in a little bit later. more like sunday night into monday and in philadelphia right now looks as though it will be coming in as rain with heavier snow to the north of this area of low pressure. if the low develops a little bit farther to the north the heavier snow goes farther north but if

it goes to the south little bit that could mean more snow for us right now this looks like the timing. it starts as rain, sunday after about 8:00 o'clock. so light rain arrives. overnight light rain, mixing with a little sleet changing over to snow and then the best chance of accumulation would come monday night but right now in philadelphia it look like it were only be a couple of inches. we'll keep you posted on that. overnight we're talking about wind chills that will be frigid. temperatures in the teens and single numbers. tomorrow bundle up. still talking about temperatures in the 20s and wind chills in the teens. on the exclusive "eyewitness weather" seven day forecast, we catch a break on saturday. sunday pretty dry. we'll move that rain to the evening period. so it will be a dry day. it's grammy night. we'll watch that rain and mix move in. snow to the north. and then monday a chance of light snow. then we cool it down. tuesday, wednesday temperatures in the 30s were wind and then it's back to normal on thursday with windy conditions. be sure to wake up with i were you news in m katie will see the european model update on the

forecast and the team starts at 4:00 that's right and then continues on the cw beginning at 7:00. >> all right. so sunday night keep an eye on that. >> um-hmm. >> kathy, thanks in so busy. lesley is here with great us in for flyers fans. >> flyers defensive man kimmo timonen has been cleared to 68. he's been out all season with blood clots. could the flyers beat the islanders. sports is next

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the flyers with a two on one advantage. chris has the puck and goes top shelf. he scores. the flyers now with a two goal load. well the islands came back to tie up the game and in the shoot out sean is denied so the flyers lose to the islanders three-two the final. we have good news. midway through the first period of time kimmo timonen has been cleared to skate. he's been out all season with blood clots in his lung and leg. he's taking blood thinner. the one in his lung has cleared but not the one in his leg. it's chronic. it's not going to move. he's going to skate by himself in voorhees. >> meeting all the doctors and specialists i feel really confident about skating and coming back. >> he's been patient. couldn't be fun to sit around almost eight months something like that. so hopefully he pro progresses quickly and who knows maybe he'll start playing sooner

rather than later much it would be great to have him. >> phillies first baseman ryan howard held book signing in haverford. and and his wife brought a children's book. refuseing to answer any questions about his future with the team. pitchers and catchers report to clearwater in 13 days. we'll be right back.

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♪ new tonight a celebration at benjamin franklin high school. "eyewitness news" was there on north broad street tonight where more than 300 students received their high school dip mommy mass. these are students who attended alternative education programs which provide students with previously dropped out with a chance to go back to class. our congratulations to all of tonight' graduates.

>> and some middle school students in philadelphia got to play surgeons today. this was part of temple university hospital annual robotic career day. fifth graders from germantown asked me got hands on experience and learned what it's like to be at the controls of a surgical robot. very cool. we'll be right back. ♪

>> we thank you for watching white news at 11:00. for lesley, kathy and everyone here at "eyewitness news" i'm chris may. >> i'm jessica dean. we're always on at cbsphilly.com cbsphilly.com. up next the late tow with david letterman with guest martin short. have a good night. well see you tomorrow.

( band playing "late show" theme ) >> dave: from the wind swept tierra it's the "late show" with david letter tonight... plus paul shaffer and the cbs orchestra. i'm alan kalter. and now proud selector of hummel figurines, david letterman! (cheers and applause) captioning sponsored by worldwide pants and cbs ( band playing "late show"