♪ right now at 11:00 an emotional call for change. president obama wipes away tears as he recalls some of the youngest victims of gun violence and tonight we break down his executive actions on gun contr control. are they constitutional? legal expert weighs in. terrifying test drive a car sale man is kidnapped on the job. how his quick thinking may have saved his life. and coffee and comic books.

vittoria woodill takes us inside the brand new store in philly getting a lot of buzz. not just because of what it sells, but who owns it. those stories and more are straight ahead tonight but we begin with another frigid evening in the delaware valley. good evening, i'm jessica dean. >> i'm ukee washington. we are in the midst of the coldest air of the season thus far. meteorologist kate bilo is on the sky deck and kate it's all about layers. >> it is all about layers indeed, guys you want the gloves you want the scarf, the coat with the fleece underneath. the fleece lined tights and the boots the whole 9 yards. it's another cold winter night here in philadelphia. now, the good news it's not quite as cold as last night. the wind chills are not as harsh but that's little comfort if you have to be out in it. it feels down right frigid outside tonight at least for now. change is on the way. let's take quick lock at storm scan3. severing clear. it's a starlit sky out her to the sky deck beautiful looking night as long as you don't have to be out in it for too long. temperatures right now again milder than last night. but still well below average. it's 26 in philadelphia. 17 in allentown.

it's 12 in millville and it feels actually pretty close to what the thermometer indicates. wind chills not as bad. the question is, how long does this cold spell last? i'll have that answer and i tell you about rain in the forecast when i join you inside. back to you. >> kate, sue you then. thank you president obama makes emotional call for action. >> tonight a passionate debate underway on the president's plan to curb gun violence in america. and the issue is now taking center stage on the campaign trail. >> every time i think about those kids it gets me mad. >> president obama let emotions show tuesday after 13 masked killings during his tenure in the white house. >> the gun lobby may be holding hostage right to you were you they cannot hold america hostage. >> the president's actions requiring gun dealers to be licensed. and conduct background checks. currently about 40% of sales have no background checks at a all. >> we won't be able to operate our website the way we have in the past from here on out. we are interested in keeping

firearms out of hands of people who should not have them. >> reporter: but the president's comments have put gun control front and center in a election politics. >> what he's basically doing he's issuing -- >> they're not going to take your guns away, folks. >> we're safer because we have law abiding citizens that are packing. >> i will take on the gun lobby. >> the president also wants to increase funding for mental health care and higher more atf agents. all of which would require approval from the republican led congress. the nra has already tweeted a warning to lawmakers "fyi, all nra grades are subject to change". some tonight are questioning whether the president's actions done through executive order are constitutional g "eyewitness news" reporter david spunt is in our sat center tonight and talked with a constitutional law supper. >> a lot of people want to know if these executive orders have any teeth. what do they mean and can they be thrown out? i spoke to that expert who says well, yes, it may just take while.

those close to gun violence though they applaud the president's executive orders. >> i talk to him every day. every single day. every day. >> reporter: chester county resident carmen says the pain of losing his grandson to gun violence stings three years after benjamin wheeler was killed behind the walls of sandy hook elementary school. >> always had sympathy for people who experienced tragedy. but now i can actually feel what they feel. >> reporter: six-year-old benjamin was one of 20 students killed in december 2012 emotional president obama made them a focal point of his executive orders calling for gun control. >> every time i think about those kids it gets me mad. >> per happen mad that members of congress said no to gun control reform on a national level. now the president's new executive orders focus on background check laws in place and beef up checks for online

purchases and at gun shows. >> they are well established part of the american political system. >> reporter: chip becker focuses on legal and constitutional issue issues forn specter in philadelphia before that he taught the subjects at penn law school. he says those against the orders might not have an easy argument. >> they could argue these particular action taken by the president go i don't know the scope of the power of the president to take executive action, and that's probably an uphill fight. >> why an uphill fight? because becker points out that presidential executive orders have been around for decades. >> president bush has done this in the face of democratic congresses and by the way president rose vest did this even when he had democratic majority. >> reporter: if someone take the matter to court getting up the flagpole to the us supreme court won't happen next month or even next year according to becker. he says it could take about two years before the supreme court would rule on gun control.

that's if the justices want to get involved. even if there's a lawsuit, the executive orders stand. carmen, wants something to happen sooner. >> i would really like to see both parties put away the dye ya tribe and just sit down and honestly discuss what makes sense. >> we know what th presidential candidates have to see. i checked in to see what pennsylvania senators had to s say. casey praised the president's executive action and toomey favors background checks but wants to learn a little bit more about those orders. it's interesting to note jessica and ukee that senator toomey crossed party lines and worked with democrats to push background checks following that sandy hook massacre. reporting-tonight in the sat center david spunt cbs3 "eyewitness news". >> thank you, david. in addition to new mayor the city of philadelphia now has new police commissioner. richard ross was sworn in as the top cop today at his alma mater central high school. ross was sworn in by mayor jim

kenney, district seth williams held the bible. new commissioner says his top priority is reducing crime while improving community relations. >> we need to be more responsive and more accountable to all of our neighborhoods. we can't be afraid of that. we can't be afraid to show people who we are and why we do thing. it's so so important. >> ross is a 26 year veteran of the force. "eyewitness news" at the national constitution center in philadelphia for the swearing in of judge kevin docker team he's one of three democrats who won pennsylvania supreme court seat in the november election. dougherty was previously a philadelphia common pleas judge. in norristown, risa vet free ferman took the oath of office to become the newest common pleas judge. she chose not to seek a third term as da to run for county court judgeship she'll serve a 10 year term. >> a legal victory for bill cosby's wife cap meal. judge agreed to postpone her testimony scheduled to take place tomorrow in a definite

mutation lawsuit filed against her husband in massachusetts. mrs. cosby quested the delay so she could appeal a judge's ruling that ordered her to testify. this defamation case involves seven women who accused of of bill cosby of drugging and sexually assaulting them. bill cosby denied those allegations. reports tonight say phillies first baseman ryan howard is filing deaf mutation lawsuit against the al-jazeera television network over a documentary that linked howard to the use of performance enhancing drugs. howard says those allegations are false. smoke on a septa train forces passengers to evacuate between 30th street station and jefferson station smoke was reported in the overhead power supply of outbound warminster line regional rail car. passengers evacuated at 30th street earlier tonight no one was injured all this caused regional rails to reason about an hour behind schedule for awhile but everything is now back to normal. amtrak was not affected. new tonight a shooting upper

darby police. chopper three over 151 south bishop street a man in a parking lot was killed. police say he was suicidal, armed with a knife. police also say they opened fire with a man charged at officers. we are you have date now a story we brought you last night about remains found in ridley creek state park in delaware county. tonight authorities say those remains are not those of amanda. a missing drexel hill woman. she was last seen leaving her home in june of 2014. the remains were found by a hiker on new year's day in a wooded area just off the parks main trail. state police continue to investigate. the tradition of students saying god mess america after reciting the pledge of allegiance is coming to an end at a local school and parents are outraged. fear of an expensive late brought by the aclu led glenn view of a elementary in haddon heights to officially end the tradition december 30th. aclu said reciting the phrase make it harder for non religious parents to raise their children

but parents we spoke to don't feel that way. >> i think that there's nothing being forced oh and my child to say anything, and i think the fact that the aclu is doing this is absolutely ridiculous. >> it's not religious. they're not preaching god to anybody. it's patriotic and it's respectful. >> school officials say students or teachers who choose to say god bless america on their own will not be punish. after eagles lost their chance to make the playoffs one facebook user said the team played like they were wearing tutus. >> pennsylvania ballet did not take that comment lightly and they're reaction has gone viral. they said... they have no second string to come in when they need a break and ending with, if the eagles had played like they were wearing tutus we'd all be looking forward to the playoffs. >> it's not easy and it's very athletic. every day is very athletic. >> versatility of moves that a basketball has, the coordination

of a hockey player, and the timing of a baseball player. >> eagles running back barner has been vocal about inn corping ballet into his workout routine. the person who original posted the comment says he didn't mean to offend the ballet. it sounds like a plot to app action filled movie a car sale man kidnapped during a test drive. >> but that drama was all too real for one man who was just trying to do his job. still ahead tonight, he describes how he managed to escape the terrifying test drive. also this. i'm vittoria woodill and we're in kensington where you can get a dynamite cup of coff coffee. kickback and read a com pick book and they're all about divert is the. that's next. >> also, a wi-fi warning the feature that could be hiding on your iphone and why it could lead to sticker shock when the bill arrives. kate? >> and under clear skies with light winds temperatures are tanking once again. another cold morning when you step out on your wednesday but swing in the seven day forecast along with rain the wage all the

details coming up with the seven day forecast when we come back.

houston texas car salesman speaking out tonight harrowing ordeal. he was kidnapped and stuffed in a trunk during a test drive. jose martinez is now nursing a bloody bruised face. last night a would be customer attacked martinez during that test drive in this red dodge challenger. suspect pulled the car over, hit martinez and stuffed him in the trunk. martinez eventually got out of the trunk, got a gun that was brought to the scene by another suspect and shot one of the suspects. while all this was going on martinez hut put his iphone to good use. >> i called my gm. i let him know what was going on really quick. i sent my buddy him my current location and put a tracking on. >> police continued their search

for the suspects tonight. new feature on some apple i phones is catching users by surprise when their bill arrives in the mail. >> usually it's about $250 a month and it was over $2,000. >> yikes! the feature is called wi-fi assist comes standard with ios9 operating system and it's intended to make sure you have a good signal by automati automaty switch to cell date when wi-fi signal is weak but some users are unaware and they're phones are gobbling update at a costing them more money. to turn it off, you go to setting then cellular scroll down to the bottom and switch it off. >> powerball fever is gripping the region as the jackpot source to $450 million. the cash pay out more than $275 million the form largest powerball jackpot in history. the odds of winning is one in thee hundred million. i'm saying there's a chance much the drawing is tomorrow. good luck.

would you go to crip know night with your coffee. that combo is drawing customers to a new coffee house in philly. >> vittoria has a tale of super heroes and a cup of joe. wham at the corner of frankford and huntington avenue there's a place that's got everyone buzzing. >> it's entertainment, the food, the muffins. >> pow. all that excitement for comic books and coffee? >> news flash citizens of philadelphia, people are flocking to this comics and coffee house in kensington. to get a sip of coffee, homemade treats with a kick and swish through the pages of their favorite comix mick books. like owner ari al johnson hooved crew a certain super hero year t took her by storm. >> she says it was the power to be herself freely that led this temple accounting major to go from a clark kent to super hero

wardrobe. >> to be in the corporate world you have to put on a costume. i like costumes that's not the kind of i want to wear. >> as the first african-american female comic bookstore owner on the east coast, she's got the power and the fight to help mankind by inviting geeks every were a seat without judgment. >> we're following you and we're taking interest in what you're doing. >> it's brilliant how you want people to be the character who they are. >> yes. i think we're all characters. >> they even have a super helpful character flying around the shop. who's randy. >> randy is our comic book jed jeddi. i never read a comic before. so he's the guy i should talk to he's the guy you should talk to. he'll find you something you'll love. >> and he did. super man. >> it goes through all the stuff that he has to do essentially before he dies. it's brilliant. it's absolutely outstanding if can i get a ring pound? >> thank you. >> ooh i felt that cryptonite.

>> here being your own character is a way for all to be their own super heroes. >> just feeling the freedom to be that and be that proudly. >> yes, i do. >> that cookie was awesome. what great message and i should mention they have a variety of newcomb mix something for everyone even for kids and working on expanding their products as they continue to grow for they've only been open for few weeks and the buzz is catching on and on. people are loving it. >> so nice, too, you can get the big cookie and then also have somebody to guide you through if you're not familiar. >> absolutely. i met a guy who said i just got done work i want a place to relax and this guy felt like he was going to be there for hours. >> great place to relax for awhile. awesome spot. >> thanks tori. appreciate it. >> quiz time, ladies who was the villain in the batman comics? associated with cold temperatures. >> mr. freeze. >> go ahead. >> come on.

>> give it up. >> you didn't give us a chance. >> come on. all right. >> i do know my comics. >> you said that with a question mark. >> mr. freeze? >> mr. freeze. >> that was good. >> he's around right now. >> the cold miser whatever you want to call is back. >> yeah. >> lulled us into thinking we would get away with a mild winter. but winter is not over. we still got a lot more winter left to go, and really mother nature is not letting us forget it outside tonight. temperatures are in the 20s and in the teens in a few spots. not quite as harsh as last night, and that's going to be the them going forward. temperatures moderate that's not going to be quiet as bad. let's take look outside. take you out to our camera up in bethlehem in northampton county mounted on the roof of the hoe physical bethlehem looking down main street the mountains in the background very quiet outside no snow on the ground. this time of the year a lot of times you have snow on the ground up in the lehigh valley not this year. things have been very quite but as we said still a lot of winter left to go. today was a beautiful winter day to look outside the window. time lapsed video from the

palmyra cove nature park in new jersey. i'll tell you i was walking by our neighborhood network camera right at when this video stops, right at sunset and what a gorgeous sunset it was in philadelphia. look at that shot. it almost looks like a water color painting you'd put on the wall the skyline of philadelphia with the sun singing in the background just beautiful finish to beautiful but very cold day. storm scan3 clear skies all across the region high pressure remains in control. we got light winds tonight and that is the recipe for cold. clear sky and light wind. not as bad as last night and mainly because of the lack of wind. winds were still gusting over 20 miles an hour at this time last night making temperatures in the teens feel like zero. remember that at this time last night it felt like zero. right now 26 and it feels like 26. so while it's still cold and not the kind of weather you want to be out in for any length of time, it's a lot better than feeling subzero. 17 right now in allentown. 11 in mount pocono. 18 in reading and here's what you'll wake up. temps in the upper teens. 19 the morning low in philadelphia. 20 in dover. and 24 in wildwood.

so another cold start to your wednesday make sure you bundle up the kids. even if they fight you on it hike my kids do. hopefully they're not the only ones. put the layers on, the scarves, the gloves, the hat. we started january on a mild note. continuing that stretch of 42 days above average that continued from december and even the end of november but today double digits below average. tomorrow back toward normal. high pressure overhead. high around 40 degrees much that's right about where we should be. it will probably come in blow normal because of the morning low, though. thursday back to above average mid fours. friday rain possible at night. most of the day is dry though and highs climb near 50. overnight we're down to 19 degrees. clear skies, another very cold night for us about 10 degrees below average. your wednesday mostly sunny and not as cold at 40 degrees and then we really start to warm up again through the weekend. look at that red shading moving in through the weekend we're talking 50s but that doesn't last. next week we've got yet another invasion of cold air and it look like it's going to stick around

for much of neck week. so that's something to keep an eye on. that's how we'll get our snow this wint. shots of cold, they come in they don't last very long but if you can get enough moisture to coincide with that cold that could bring you big snow. we warm up enough by the weekend our next system is just a pure rain maker and that's on sunday. >> just rain. >> dodged a bullet this time. >> thanks kate. don is here with a look at sports. >> we're talking about those birds the eagles haven't talked to him but he's talking about the eagles. find out which hot shot coaching prospect has love for the birds plus see if a lineup change can help the flyers snap a

i think we need to find chemistry as soon as possible. that was battle cry for flyers captain claude giroux tonight the fly guys unleashed new top line that featured giroux along with jake vorachek and wayne simmonds. the flyers hosting montreal and looking to snap a three game losing streak.

second period game tied at one. the ghost shaken the rookie the slap shot is good. seventh cole goal of the season much flyers up two-one. later in the period, flyers power tripping wayne simmonds with the redirect and the night guys go up three-one and loving life. their period now, sean courtiere, right place, right time right man for the job. rebound is good and the flyers beat the canadiens four-three. jay cutler step to the mike and jokily made a request can you write some bad articles about him? the bears quarterback wants adam gaze to stay in chicago. today gaze interviewed for the eagle head coaching gig. the birds have officially talked with three candidates. however, they have not met with carolina panthers sean mcdermott he used to hold the same with the eagles before being fired in 2009. he garaged from lasalle college high school back in 1993. today he talk about his love for the midnight green. >> we're always interested.

i love, you know, i love the philadelphia area, and quiet honestly it's been tough to watch the last several years, you know, having grown up in the area and work there for 12 yea years. the fan base i know it's important to them. they're genuine. they're dedicated and they're real and the facilities up there are second to none. so, you know, i'd love to see the eagles recapture the magic so to speak. >> yup, sounds like he's interested. college hoops the temple owls could use a pick me up right now they host houston or lost to houston by 27 on saturday. tonight they visit 23rd ranked uconn. game tied in the fifth 102nd of the game. josh brown what can brown do for you? for fran dunphy he can do this. nice spin in the lane and it's the go ahead bucket for the owls. last chance for uconn the heave no good. and sew so 200th win for fran dunphy on broad street. the owls upsetting uconn 55-53 your final score.

atlantic 10 action the hawks looking to get it done. st. joe's hosting vcu. what night for st. joe's isaia miles. balling. 11 for 14 from the floor. scored 31 points. also grabbed nine boards but it wasn't enough. the rams overcome a 13th half deficit and snap the hawks seven game winning streak 85-82 your final score. nfl hall of famer dave robinson returning to his old stomping grounds in moorestown high school. during half time of their boys basketball game he presented the school with a gold football to commemorate the 50th anniversary of the super bowl. robinson won two tiles with the packers in the '60's. >> the super bowl you can see. >> right here. >> right here. >> on cbs3. >> that's right. >> there you go. we'll be right back. ♪

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big change for twitter. it turns out the 140 character limit could soon be history. >> company c. o says it's thinking about trying out longer messages to make tweets more appeal to wider audience. under consideration, is the idea of capping tweets at 10,000 characters. >> what? >> yeah. however each tweet would only show that familiar 140 characters so you could have the option to expand it. >> you be the judge. >> we'll be right back.

listen, your story line, it makes for incredible tv drama. thing is, your drug use is too adult for the kids, so i'm going to have to block you. oh, man. yeah. [inhales] well, have a good one. you're a nice lady. time for to us roll. our morning team is back tomorrow starting at 4:30 till 7am. for kate, don, everyone here, i'm ukee washington. >> i'm jessica dean. we're always on the cbsphilly.com. the late show with stephen colbert is next. >> good night, family, and sleep colbert is next. >> good night, family, and sleep well. >> announcer: if you're looking to make more money and take control of your personal and financial future, then get ready, because than merrill, the star of a&e's hit tv show "flip this house," one of the