en it really mattered. i'm hillary clinton and i approve this message. a good samaritan shot in written house square. two gunmen open fire as he tries to break up a robbery. nbc 10 denise just spoke with police at the scene. denise, what can you tell us?

>> reporter: well, jim, police are still out here looking for ballistics and other evidence. they say a good samaritan tried to -- around 9:30 tonight. the gunman came upon -- the victim came upon two gunmen under a well lit area of the park under a lamp. there are plenty of witnesses out here. some are in the process of being interviewed right at this hour by central detectives. now, the victim got shot multiple times in the upper body. he left his bike behind, and he saw police recover that bicycle. police say the good samaritan tried to stop the two gunmen from robbing a group of people, and they share a part of that confrontation. >> and make some sort of verbal comment that what do you do whether you're not going to rob these individuals? don't do this. something along those lines. so this 39-year-old victim actually intervened and tried to

stop this robbery when one of the perpetrators then fired multiple shots. >> now, police are telling us tonight this is, of course, a well lit area. rittenhouse square park. it happened under a lamp. about 30 feet is a gazebo that's covered in about eight cameras with a 360 degree view. they are confident they have got this incident on camera. they're looking for a video at this hour. want to tell you a little bit more about the victim. he was taken to the hospital in critical condition, but has been upgraded to stable condition. as for the suspects, they were seen running away from rittenhouse square park. one of the suspects, he is known to people in the park and has a nickname, although police at this hour would not share that nickname with us just yet. the second gunman also had a gray shirt with the word nike in green, so very specific.

at this hour they're still looking for those two gunmen. the victim is now in stable condition. reporting live from rittenhouse square, i'm denise, nbc 10 news. also new at 11:00 a tragedy in winfield heights. a 4-year-old boy is dead after falling from an apartment window. nbc 10's keith jones is live at the scene with more on the story. keith. >> reporter: jim, i talked to officers here. they're having trouble comprehending this tragedy. the boy fell from way up on the seventh story of this building at the imperial towers apartments. we went up to see for ourselves how this could even happen. >> we found him right over here at the edge of the parking lot just face down, you know? >> reporter: we won't show you the exact spot pointed out by a surt every security guard too traumatized to show his face. >> it was a crazy experience. it was crazy to witness. >> reporter: he was with both of the 4-year-old's parents and another neighbor too shaken to speak on camera. >> checked his neck, his arm, and his groin area. no pulse. >> reporter: we spotted

lieutenant john walker on the balcony with a window and a door seven floors up. he thinks the boy climbed on to a heater and fell out the window. >> on to the heater, out of the screen. on to the balcony, and then we have to figure out how he went from the balcony over top of that 4 foot fence. >> reporter: only on nbc 10 we went inside the imperial tower apartments to see for ourselves. >> this is just like the balcony police are looking at right now. the desk is -- the height is almost up to my you belt buckle. they're solid, and the space between each side is probably three or four inches. >> police tell me they don't think he could have fit between that space. neighbors, meanwhile, are having trouble grasping the tragedy. >> i just feel so bad for the parents. knowing your child is missing and then that's how you find them, you know, it's -- laying on his face, it's terrible. >> reporter: now, i followed up with a gentleman before he left. he has a 7-month-old daughter.

he said he was rushing back home to hug her and kiss her good night. meanwhile, police remain on the scene right now investigating exactly how this could have happened to a 4-year-old boy. for now we're live in wynnefield heights, keith jones, nbc news. very sad. developing now negotiations have stalled as colleges all over pennsylvania try to prevent their professors from walking off the job. the countdown is on in less than six hours. a strike could happen. the union says it won't make a final decision until one minute before the 5:00 a.m. deadline. now, the strike threat involves state-owned schools in our area. take a look. east straussburg, millersville, chain cheney, and westchester university. multiple campuses are wondering what happens next? >> reporter: at cheney university, students like sof war devin jones, found themselves caught in the middle of a labor dispute. >> a lot of us are ready to graduate, so we doechbt want

this to hold us back. >> reporter: it's much the same story on 13 other state campuses tonight, including westchester where more than 16,000 students frantically check their emails to see if their teachers will finally ditch classrooms and hit the piquet lines in the morning. >> i have an 8:00 class tomorrow, and if i don't see any professors on campus, i'm going to stop in, take a look around, and head home. >> reporter: students are urged to show up to class anyway, but one teacher told nbc 10 she's anticipating the first strike in faculty history. >> do we want to strike? no, we do not want to strike. will we strike? absolutely. if the state doesn't come anywhere near what we're asking. >> reporter: the big sticking points are salary and health care, but teachers are also upset about new rules like cutting back on sabbaticals and changes to research and on-line education. the system has faced a deficit, but still offered raises for the faculty. >> i don't blame either side. it's negotiations. it is what it is. >> reporter: but a prolonged

strike could severely impact students affecting grades for the entire semester. even financial aid. >> we've invested in this semester a lot of time, a lot of energy and a lot of bookwork, and it would kind of be a waste to kind of have to redo it all over again. >> reporter: tonight governor wolf is urging both sides to continue talking until an agreement is reached. watch nbc 10 news today starting at 4:30 in the morning for the latest on the strike. >> if you don't want someone to drive a truck off a cliff, says do not give them the keys. former president bill clinton taking a jab at donald trump while campaigning for his wife hillary clinton in our area today. he spoke to this crowd in montgomery county community college in blue bell this afternoon. the former president then stopped by a democratic field office in ardmore. then president obama also went after donald trump today during a news conference with the italian prime minister.

the president slammed trump's claims of a rigged election. >> i would advise mr. trump to stop whining and go try to make his cases to get votes. >> tonight the trump campaign confirmed they're bringing the president's half brother to the third and final debate. trump reportedly spent this evening preparing for the debate in las vegas. earlier today he campaigned in colorado where he called for congressional term limits. >> decades of political failure and special interest collusion must and will finally come to an end. >> meantime, we're learning more about a sexual misconduct claim about trump. according to "people magazine", six friends and colleagues came forward today corroborating writer natasha stoynov's allegations against him. she said he grabbed and kissed her while he was working on a story about him and his wife for the making zpleen. trump has denied those allegations. analysts say donald trump needs a strong performance in the final debate tomorrow. nbc 10's lauren make is at the

debate hall at the university of nevada las vegas. >> reporter: las vegas, the place you come to get away from it all is now the place to be for some serious business. that is if the candidates request stick to that business in their final debate. in las vegas the sounds of sin city changing for the moment. as this destination becomes a political hotspot. the site of the final debate between hillary clinton and the man whose name sits over the city. on the ground outside trump international hotel a crowd of supporters gathered with smaller signs for donald trump. earlier in the day it's where protesters gathered against the republican nominee. the candidates will meet at the university of nevada las vegas for their final debate. >> what did you learn about the candidates from those first two debates? >> very little. honestly. to be honest, we're still in the very unprecedented election that's historical where we're really not getting to the

substantive issues. >> reporter: tiffany howard is a political science professor at unlv who hopes the candidates drill down on issues including immigration. a topic she says is important to voters in the battleground state of nevada. >> this is the last opportunity they will have to make their case to the american voter, and so they really have to drive home their policies and i want to see them get away from more of the attacks and really get to the key issues. >> the last chance for voters too to see the candidates side-by-side before election day. in las vegas, i'm lauren make, nbc 10 news. >> you can watch the final presidential debate tomorrow at 9:00 p.m. right here on nbc 10. don we'll have the latest from the spin room tomorrow on nbc 10 news at 11:00. back here at home former pennsylvania attorney general cathleen kane is hoping to avoid jail time next week. that's when she's going to be sentenced for her perjury conviction. she's due in court in montgomery county. her attorneys wrote in a sentencing memo that the former

ag rose from poverty to pinnacle and has already fall ep. prosecutors are calling for skbral time for her. in august a jury found her guilty of leaking grand jury information and lying about it. >> pop, pop, and then the window shattered, and then that's when we're, like, it's gunshots. a bullet flies through a bus in atlantic city. where it came from and what passengers are saying tonight. plus, a new drug twice as strong as heroin. it's already on our streets. guess what, it's legal. a warning for parents. what you need to know. and we have another warm day tomorrow with record high temperatures in the forecast before a big cooldown for the weekend. i'll show you the numbers coming up.

♪ what? is he gone?? finally, i thought he'd never leave... tv character: why are you texting my man at 2 a.m.? no... if you want someone to leave you alone, you pretend like you're sleeping. it's what you do. if you want to save fifteen percent or more on car insurance, you switch to geico. it's what you do. tv character: taking selfies in the kitchen does not make you a model. republican party bosses looked to find brian fitzpatrick. nearly three thousand miles - that's how far away

they "hand-picked" him to run for his brother's seat. but all mike and brian fitzpatrick share is a name. brian fitzpatrick supports a radical republican agenda, including defunding planned parenthood, just like donald trump. a hundred and sixty miles down the road in dc, brian fitzpatrick will put his party first, not pennsylvania families. house majority pac is responsible for the content of this advertising.

. >> back to our breaking news. that good samaritan shot after interrupting a robbery in rittenhouse square. denise live on the scene. bring us up to speed, denise. >> well, jim, since we last saw you, police are now beginning to wrap up the scene here in rittenhouse square park taking some of the crime scene tape down during our last. a crime scene van that actually took the victim's bike.

there are still some detectives out here trying to access and look over the scene here, but for the most part they are now wrapping up this investigation. a group of three to five people and gunmen. it happened in rittenhouse square park at 19th and walnut, and it was very well lit at the time, even though it's dark outside. the park is well lit. that is working for investigators as well as you can see there is a gazebo right in the middle of the park, and that has about eight cameras on it with a 360 degree view, i'm told. police are in the process right now of trying to access those cameras as well as talk to witnesses. several of them are now at central detectives, and defectives plan to talk to the victim who is at the university hospital and now has been upgraded from critical condition after being shot about four to five times in the torso and now in stable condition so they believe he will make it out. a 39-year-old victim here who

tried to be that good samaritan and intervene and stop that robbery. there are -- they are still looking for those three to five victims that were initially robbed. they're looking for them to come forward. they ran off after this all happened. the gunman as well. they're still at large tonight. reporting live, i'm denise, nbc 10 news. >> we'll have further updates on-line and in the morning on nbc 10 news today. very close daul call for a new jersey woman when gunshots range out as she road in atlantic city today. that was nearly full of passengers when it was hit by a bullet that went through a window at 5:230. we spoke to passengers just moments after the incident. >> it was scary. it was scary because first it was pop, pop, and then the window shattered, and then that's when we, like, it's gunshots. everybody hit the floor. >> the woman who was hit by that

flying glass has minor injuries. they didn't want to go to the hospital. no one has been arrested. a warning for parents tonight about a new and deadly drug that's making the rounds. it's called pink or pinkie. it's a synthetic opioid more than twice as powerful as heroin that could be bought on-line, and so far it's linked to eight deaths in florida this year. more than 50 deaths around the country. despite the dangers, it is legal in all but four states, including pennsylvania, new jersey, and delaware. the dea right now is trying to push for new laws to ban the chemical compound. nbc 10 in north philadelphia for the ninth annual indian party. the event introduces businesses and developers to one of the city's up and coming neighborhoods and proceeds from the event will also go to councilwoman maria kinonis sanchez's re-election campaign. nice night, and this warm weather continues tomorrow. >> yeah, jim. it is a warm evening. a warm night. it's going to be warm tomorrow morning.

yes, it does continue tomorrow. take a look at the records we saw today. for philadelphia we didn't hit a record high, but we got to 84 degrees. the record is 85. areas like wilmington, allentown saw records, and tomorrow i think we'll see some more records. record high for philadelphia tomorrow is 80 degrees. forecast high is 85, and by thursday we'll be getting back into the 70s. record high is 80, so we'll be watching that. more record highs through parts of the area for tomorrow. for your wednesday we are going to be well into the 80s. 84 redding. record high. that is the record in redding. the forecast high is 83 degrees. if you are in trenton, you could be matching that record high of 83 degrees. many areas could be close to that record or ma mutch that record. our next rain chance is thursday into friday. until then we're going to stay dry again tomorrow. then we go into the weekend, and then our temperatures really are going to drop. take a look at what's happening here. mid 80s. that was today. 84 tomorrow. 85. thursday, 77. 72 friday.

big drop going into saturday. 58 for a high temperature. the normal high 66 degrees this time of year. we're going to go well above normal to quite a bit below normal for your week, and you will need the jackets again for saturday and sunday. rain staying just up towards north and west. high pressure. that's going to keep us dry for tomorrow. it's going to keep us warm too. some of the showers trying to get closer, but they're going to start to break apart. however, we'll see a little bit more in the way of cloud cover tomorrow because of those getting closer, but for your wednesday, partly cloudy. philadelphia, 85 degrees. thursday and friday, rain chances return. temperatures back in the 70s. pennsylvania, mid 80s tomorrow. rain chances thursday and friday. lehigh valley, 83 tomorrow, but that rain returns for your thursday and friday. back into the 70s. new jersey, mid 80s as well as delaware along the shore. 80s tomorrow, and delaware and along the shore lowest rain chances across the area tomorrow, but everyone is going to see that rain chance as we go into friday. you'll notice those temperatures really starting to cool down too. for tomorrow we stay dry.

we'll see more clouds moving in. thursday morning we get the morning rain. mostly north and west of philadelphia through the afternoon. it moves away. by friday we see another round of rain getting closer in the morning, and then through friday evening we'll see that rain start to move in again. your ten-day on ten showing the big temperature drop from the mid 80s tomorrow to around 60 this weekend, and that's going to continue even as we go into next week. stay tuned. we'll be right back. planned parenthood.

i would support legislation in pennsylvania that would

ban abortion and i would suggest we have penalties for doctors who perform them. would you put people in jail for performing abortions? at some point doctors performing abortions i think would be subject to that sort of penalty. dscc is responsible for the content of this advertising.

>> how is this for a grand entrance tonight? the first couple dazzling at their last state dinner, honoring the prime minister of italy and his wildfire this evening. first lady michelle obama wore a rose gold gown designed by italian label versace. more than 400 guests attended

the dinner. mario batali helped prepare the meal. he had to work too. clinton or trump? well, we'll have to wait another three weeks to find out who the next u.s. president will be. a european bookmaker says they don't need that long. dublin-based paddy power has given the win to clinton. they're giving trump an 18% chance at winning. clinton is the heavy favorite at 2-11 odds, and they've already started paying out clinton wagers up to $1 million. they have a history of calling this back in 2008. they paid off obama betters two days before he won. all right. john clark, the eagles could use a win too. >> yeah, who do they pick? eagles or viekings? i want to know. one eagle player called their loss to the redskins embarrassing. hear how they're going to plan to turn things around sunday against the vikings, and the flyers went down quick to the blackhawks tonight, but wait until you see how they respond. what a game coming up.

scalpel. i have no idea what i'm doing. i'm just a tv doctor. i never went to college. (scream) i don't do blood. but now, thanks to cigna, i can do more than just look the part. is that a foot? we are the tv doctors of america. and we're partnering with cigna to help save lives. by getting you to a real doctor for an annual check-up. so go, know, and take control of your health. doctor poses. cigntogether, all the way. pat toomey and donald trump: they're just wrong for the women of pennsylvania. "new fallout for donald trump." "should a woman be punshied for having an abortion?" "there has to be some form of punishment." "for the woman?" "yeah, there has to be some form." "i would support legislation in pennsylvania that would ban abortion and i would suggest that we have penalties for doctors who perform them." pat toomey and donald trump: they're not for you.

senate majority pac is responsible for the content of this advertising. vo: donald trump and pat toomey anhave plenty in common --. they're both putting pennsylvania women at risk. even after trump bragged about sexually assaulting women, toomey stood by him. on women's health - both trump and toomey would defund planned parenthood. on abortion: trump: "there has to be some form of punishment" toomey: "i would suggest that we have penalties for doctors who perform them."

pat toomey and donald trump: too dangerous for pennsylvania women.

>> i'm john clark with csn. fliers finishing up their season opening three-game road trip tonight. what a game. take a look. blackhawks captain jonathan toews played at north dakota. flyers 19-year-old againstman ivan proverov. he is going it fall here. coughs up the puck. flyers would fall behind 4-0. upset. look at the captain. claude giroux doing captain things. keep your head up where are they score four golds in in five minutes. that was matt reid with a pair. sean and then wayne simmons ties it up 4-4.

wow. what a comeback. the blackhawks respond. off the pretty pass from patrick kane. oh, flyers lose 7-4. home opener is thursday. the eagles had a big test against the undefeated vikings sunday at the lane. their defense is giving up the fewest points. tough one. the eagles defense gave up 230 rushing yards in washington. a good thing the vikings actually have the worst rushing attack of the nfl. here's brandon graham today on the comcast network's breakfast on broad. >> we were all embarrassed because we know we're prideful men, and western that when you can run on somebody, you definitely can take something from them. i just hope that we continue to just keep going out there and working hard and just know that was a little hiccup. >> 6ers getting ready for their final preseason game. o okafur was held out of practice yesterday. they don't want to rush that

knee. they won't start together. here's them at practice. look at them throw down the dunk rfrp. then hit the deck. thankfully no harm done. he is still trying to find his conditioning. >> my legs, i'm still heavy. i still got to take care of my body. it's a process. you got -- >> it's a process. a tribute to former gm sam right there. you got to check this out right here. langston galloway played -- the hawks. that is hawks coach, yeah, mike budenhalter. he already had a broken hand, had surgery. it's in a sling. he gets messed up even more. wow. coach's hazard. he could go on the injured list. i'm john clark. we'll be right back. i spent many years as a nuclear missile launch officer.

if the president gave the order we had to launch the missiles, that would be it. i prayed that call would never come.

[ radio chatter ] self control may be all that keeps these missiles from firing. [ sirens blearing ] i would bomb the [ beep] out of them. i want to be unpredictable. i love war. the thought of donald trump with nuclear weapons scares me to death. it should scare everyone. i'm hillary clinton and i approve this message. when government bureaucrats refused to approve a cancer vaccine equally for both girls and boys, i stepped in to change that rule. when my own party held up recovery funds after sandy hit us, i took them on and won. and when veterans were forced to travel out of state for health care, i brought in new local clinics and expanded services. but there's much more to do. my mission is to protect south jersey's way of life. i'm frank lobiondo and i approve this message.

>> another warm one tomorrow. 85 degrees. normal high is 66. that's actually going to be our morning low. by the afternoon sunshine. rain comes thursday, friday. cooler for the weekend. you will need your jacket this weekend. >> then temperatures go like this. >> yes, they do where. >> that's nbc 10 news at 11:00. thanks for being here. jimmy fallon." tonight, join jimmy and his guests -- david spade, the kids from "stranger things", musical guest tove