>> crime scene investigators took bags of evidence from the home in the 5500 block of north american street. although police say it's unclear if a crime was committed. >> my niece is 6 years old. she went to school crying because she couldn't believe what was going on. >> a 7-year-old was found unresponsive in the basement. a plastic bag was found over the child's head. the mom rushed the child to officers who were outside and started cpr. >> i just saw her this past saturday. the family had a huge cookout and she was running around playing, having fun. i'm in shock. this is not supposed to happen. >> officers came to the house around 1:00 this morning for a much different reason. the mother called to report her car stolen, possibly by her 18-year-old son after they had an argument. the mother went to the basement to get the paperwork for the car. that's when she told officers she found her 7-year-old daughter unconscious. >> i received a phone call from her mother around 1:30 this

morning. it was just like frantic tears. i'm like what, hold on. >> the mother's stolen car was found three blocks away where it crash. ed. the 18-year-old was gone. >> i want to make sure he's safe too and nothing happens to him. he's my nephew. >> the-year-old who was found by mistake is fighting for her life. officers did cpr all the way to the hospital. >> just get out there and pray. fight this. she can do this. she's a strong little girl. >> police are expected to release more information about the case. we're going to head inside and bring you the latest developments. for now reporting live, nbc 10 news. >> to a toddler murder case ending in a hung jury. itten couldn't decide if a a father killed his 3-year-old son. so what happens now? the jury deliberated for five days in the dj creato trial but failed to reach a verdict. >> lauren mayk joins us live,

who talked to an expert about what's next here. >> reporter: it starts over again. 12 new jurors will look at the evidence and hear the arguments. now the original jurors were escorted out the back today so we don't know how close this was or what they were thinking. and attorneys are now left to try to figure out why they weren't convinced one way or the other. the julk ending weeks of trial dismissing jurors that couldn't decide on a verdict. >> please make room. >> the mother and prosecutor said nothing as they left court today, but we now learned the prosecution plans a retrial. >> i had the vantage of getting to see how they put their case on. >> reporter: he's not shocked about the outcome, which for now leaves his client behind bars. >> he's upset. he wanted to go home today.

>> reporter: jurors started deliberations more than a week ago. requesting multiple times to see a video questioned by police. but still no verdict. >> it's like reading tea leaves. >> we asked rocco to weigh in. e he says it was a difficult case for a jury and they may have been looking for something more concrete. >> there was not a lot of evidence for the jury. there was nothing in his apartment, his car, his phone that directly tied him to killing his child. >> reporter: in a retrial, both will get a chance to retool their argument. >> anything in particular you would expect that would change? >> i think that the prosecution may try to focus more on aspects of the case that make the jury more comfortable to convict a father of killing his child other than we ruled out anybody else so it must be this guy. >> reporter: the next thing to look for in this case is july 5th. the judge set that date for both parties to come back and talk about what happened next. and in the meantime, dj's

attorney is going to file a motion to try to get his bail lowered and get him out of jail while they await a new trial. >> quick question for you he was charged with first-degree murder and child endangerment. the jury couldn't decide on either of those. could the prosecution bring different charges for the next trial? >> reporter: technically, yes, they could. however, that attorney that i spoke with, he said that e he thinks it's unlikely because it would have to go back to the grand jury and that could be a long process. back to you. >> lauren mayk, thank you. turning to the weather now. a bit of a warm-up. the surn is returns today. taking a live look over center city. what a difference a day makes. we can actually see the city today. it locks nice out there. krystal klei is tracking your first alert forecast and what we can expect tonight. >> smiles because of it

yesterday. plenty of sun breaking through. right before they make their way into our region. so maybe just a sprinkle trying to follow chester county into new castle county. we pull this out wider and further to the west, there's this line of thunderstorms trying to pass near pittsburgh. that's still heading our direction, but for the most part, it looks like some isolated storms are possible. here's the hour by hour forecast. there's the storms trying to creep their way to the north of us. other than just nothing passing through to about 9:30 at night. this is where we may see to the northern region say lehigh valley and birks county, a passing shower at 9:30 at night. temperatures did warm up. 79 in philly. we're up to 80 in al lentown.

it stays nice the next few days. we'll look at your forecast going into is the weekend coming up. in the meantime, a man steals a car with a baby inside. all new at 5:00a carjacker took off while going inside a store. tonight nbc 10's reporter ted greenberg talks with the baby's parents about the scare that landed one man behind bars. >> reporter: richie lewis grateful that his son is safe at their vineland home after an accused carjacker stole this volkswagen with a toddler inside. the crime captured on surveillance vid e owe around 6:00 last night. the child's mother seen getting out of her car leaving the vehicle running with rj alone in his car seat. seconds later a man jumps in and

takes off. the victim frantically running after it. >> i thought the car door was locked. it was a stupid mistake. people make mistakes. i thought i was going to run in and out and next thing i know somebody is backing up with the baby. >> reporter: the woman talking with me a day after the ordeal. she did you want want to be identified. police found the car a short time later less than a half mile away. little rj was just fine and still in his car seat. >> i just thank god he had a safe return and nothing happened to him. >> reporter: police say the suspect abandoned the car. the cops soon tracked him down nearby. he's charged with numerous offenses including kidnapping. >> i was just appalled. a a little boy now back with his parents and a firsthand lesson on the dangers of leaving kids alone in cars. >> i think she gets the picture now. never happen again. >> reporter: ted greenberg, nbc

10 news. an aid to lieutenant governor bethany hall has been charged with drunk driving. state police say tabber pulse was pulled over after running a stop sign. he's a dover city councilman. police want help finding three men caught on camera while stealing from a a car in south philadelphia. it happened on south lambert street on may 3rd. one man takes several items while the others act as lookouts. call police if you know anything about this. from a presidential tweet to the form er fbi director, a lot of news out of washington today. james comey is about to break his silence and tell his side of the story in an open hearing next week on capitol hill. >> we look forward to being together. >> reporter: the white house rolling out the red carpet for vietnam's prime minister. the spotlight about james comey, the former fbi director expected to testify in an open hearing on capitol hill.

>> he tends to say more than a political actor would reveal. so i expect that he will probably be quite forthcoming. >> reporter: also on the horizon, a decision on the paris climate agreement. the president is leaning toward pulling out of the deal to cut greenhouse gas emissions signed by every nation in the world. >> in terms of u.s. leadership, it's disastrous. >> reporter: a rather confusing overnight tweet from the president which appears to be a made up word. >> it's one thing after the other. day in and day out, everyone sit ises around and waits for what comes next. >> reporter: and many putting aside politics to stand up for the president today after comedian kathy griffin posted gruesome photos with the likeness of president trump. >> i sincerely apologize. >> reporter: despite an apology the outrage was fierce. my children especially my 11-year-old son are having a hard time with this. sick.

from melania trump, makes you wonder about the mental health of the person who did it. even chelsea clinton tweeting, it's never funny to joke about killing a president. the images also cost kathy griffin her job with cnn. the network fired her from her decade-long gig of ringing in the new year with ander southern cooper. cnn called the images disgusting and offensive. a hard right-hand turn. workers got a lot of attention today when they stripped down to their birthday suits. workers at lush spa stood outside wearing nothing but aprons. they are bringing attention to overpackaging. employees tell us the store uses less plastics in products and recycled containers. the school year may be winding down but school districts are already preparing for the next year. >> district leaders these need

more financial help from the state. they gathered today kplaming they only pay for 3% of what it costs to educate students forcing the districts to make tough decisions on school programs. school districts must finalize and submit their budgets for next year by today. more in the nation's capital for the national spelling bee. eight students tr our area are competing this year. five are from pennsylvania. two from new jersey. one from delaware. this is the 90th year for the competition. it started in 1925 when an 11-year-old spelled gladiolis. that's the name of a flower. 291 students are competing this year for a $40,000 cash prize. the youngest contestant only 6 years old and a few new rules including a written test given ahead of time used to break a tie. it will have 12 words and 12

multiple choice questions. the competition ended in a tie the past three years. >> those kids are so impressive. my goodness. mary lee is on the move. what south enginejersey beaches tagging a shark that's swimming off the coast. a new turn in the laptop ban debate. why you might have to leave the electronic devices at home before your next flight. and brawl on the beach, what a shore community wants from its visitors after this alcohol-fuelled fight. and also new at 5:00, the new push to get a safety device that could save your life the next time you're on a train.

the case for positive train control. some experts say it may have prevented this deadly amtrak derailment. eight people killed, more than 200 others were hurt. today a a new push to implement the life-saving tool on railroads and commuter trains. >> passenger railroads can install positive train control. as we have been reporting for two years, that's the train safety technology that was missing on the section of track

in port richmond where it derailed in 2015. since that accident, congress has mandated all railroads install by 2018. septa's installation is almost complete, but new jersey transit is well behind schedule. and say it is will not likely be able to meet the dead line because of the expense. that's why new jersey transit is getting $10 million in septa as much as $5.8 million all to fully install ptc in the next 18 months. more than 400 injured. it happened in kabul near the german embassy. some people working to clean up the damage say it's the worst they have ever experience d fora

city used to war. concert preparations are underway to benefit the families and victims of the manchester bombing. 22 people died in the blast and dozens more were injured last week. ariana grande, justin bieber will headline sunday's one love manchester show. no deal, president trump expected to pull out of the paris climate agreement. he tweeted he will make his decision the next few days. if he pulls out, it would isolate efforts to prevent global warming. last week during his overseas trip, european leaders pushed trump to stay in the landmark agreement. turning to weather now a little warmer outside today. we saw a few people taking a walk. >> and taking a live look at eighth and market street in center city. folks starting to make their way home. it's kiefbd a nice day out there.

one person there carrying a boa board. let's get to krystal klei who is tracking the forecast in your neighborhood. how are things shaping up tonight? >> things are looking better. we were worried about the fog and we saw that this morning. take a live look at the camera. you can see the sun in center city. gorgeous shot and we joust got more sunshine in the days to come. a little moisture out there. but otherwise things are shaping up nicely. temperature wise, way warmer than yesterday. yesterday we stayed in the 60s. today we're at 7 degrees. 82 park side. 84 degrees the current reading. still at 80 in parkwood. temperatures will slip some overnight but will rebound tomorrow afternoon as well.

here's some of the moisture. not a lot of cloud cover. today a few spot storms have been mostly hanging to our west and they have fallen apart before they headache it to us. not too surprising here. we see a few showers to the north of us. we have a little area of thunderstorms getting ready to move into washington, d.c. otherwise, nothing in our neck of the woods. farther west, that will likely weaken as well. but could drive a storm or two past us around 10:00 tonight. then we go into tomorrow and things look good. gusts up to 25 miles per hour. sunny conditions for thursday. a few adjustments to your weekend. you can see we go sunny tomorrow at 80. we stay at 80 friday. and now saturday is looking better. you might remember it's looking less and less likely for the

storms. we have pulled that out at 78 degrees. so this is a nice three-day stretch. in the suburbs, 78 for tomorrow. sunny as well. you see in the lee high valley, 77 degrees. we could see a few spotty showers, but otherwise looking like a mostly dry forecast. in new jersey, 79 for your thursday. staying near the same friday into saturday. just a tad cooler saturday. along the shore, consistently in the mid-70s. and for delaware, 80 for tomorrow. almost the same friday into saturday. dropping down to 76 degrees, but still nice. here's a lock at your ten-day forecast. there's the 80s for your thursday and friday in philadelphia. we stay dry saturday and later in the day, we could get rainy conditions as we go through your monday, tuesday and even scattered into wednesday. the rain will last and temperatures do cool down a bit into next week. food truck attack caught on camera, a man was robbed

mid-order. the frightening video coming up. is your refrigerator running. one man's was not. how nbc 10 responds was a able to get money back from a final sale. and a special program featuring teddy bears and how they could help your child at their next doctors visit.

the new jersey transit executives are defending a plan to reroute during repair work at new york's penn station. executives tr the transit agency faced questions from lawmakers upset they weren't consulted on the plan announced last week.

trains will be rerouted to hoboken during peak periods. amtrak is going to shut 3 of 21 tracks for two months this summer to repair and replace ageing infrastructure after recent derailments. bargain hunters ewe nielt, one of the largest yard sales kicked off. it runs more than 800 miles from baltimore to st. louis. it's part of flea market and antique shopping. it started back in 2004. read a good book? check out the world's largest. this is on display. not just the world's largest book, it's also the longest, the widest, the heaviest and the most expensive. the 431-page book costs nearly $3 million. look at the size of that. how do you even read that? it's the first arabic book to make it to the book of world

records. kids have a new friend to help them overcome fears about going to the doctor. teddy bears are just what the doctor ordered. more than 100 kindergartners helped provide medical treatment for the injured bears. some had torn fur. e ted teaches and spreads awareness about medical care. it's a win-win for veterans, inmates and dogs. today was graduation today inside the department of corrections in camden. in a few program inmates help train rescue dogs. once they are ready, they are granted as companions for local veterans. a purple heart recipient received the first dog after today's ceremony. got to like that. homeland security says terrorists are obsessed with bringing down planes. >> to keep people safe, what everyday electronic device might be banned from your next flight.

plus furious fight on the sand feet away from families. what a shore community is now asking of its visitors after this beach brawl left their neighborhood trashed. and prosecutors say her daughters were sexually assaulted by the same man. her shocking testimony about how they were a gift to him. all new at 5:30. and coming up at 6:00, combatting drugged driving on the heels of tiger woods arrest. we lock at how big the problem is getting in our area and what local officials are doing to stop it. first taking a live look over cape may. a beautiful day to be out there ob the beach krystal klei has a look at your forecast, next.

power, manipulation, control. prosecutors say those are the tactics a pennsylvania man used to sexually assault a group of sisters. opening statements began in bucks county today in the trial of lee caplin. >> authorities say girls were gifted to him by her parents. caplin is charged with 1 crimes and accused of raping six sisters, fathering two children and telling the girls he was a prophet. deanna durante joins us live outside the courtroom. >> you were there when the

mother of the girls told a jury she knew caplin was having sex with her daughters. >> yes, and she said she was okay with it. she believed it was god's will. when asked if she would return to the house with her children as that relationship continued, she said she would be okay with it. even though she's spent the last several months in jail. one of those children testified late in the day saying that the sexual abuse began when she was just 10 years old. in a red jump suit sitting on the websiitness stand. if her kids were back in this house with this man, she would be okay with him continuing his sexual relationships with the girls. she says it was in 2003 when she and her husband met lee caplin. the relationship with him is part of the reason they were exiled from the culture.

in 2009 she allowed children to sleep in caplin's bed. she began allowing her children, girls aged 14 and 9 to live with caplin. she didn't know he was having sex with the girls until the oldest daughter gave birth to his baby. over time more girls went to live with caplin and e she did too. and she was having a sexual relationship with caplin as well. at times she says she was jealous of the attention her children were getting. a report was made to children and youth in bucks county. neighbors saw kids in the backyard. they knew caplin didn't have any children of his own. they found 11 children in the home. one girl and a baby hiding in a locked chicken coupe. the only bed in the house was caplin's. lis say there was no soap, toothpaste or extra clothing for the kids in the house. now the jury in this case took their oath at 9:15 this morning.

by 2:00 one juror had been dismissed. we can tell you that the defense seized upon the opportunity to paint the parent here's as opportunistic, that they used cap caplin for his generosity and when lis came knocking on the door, they decided to point the finger at him telling the children to lie about the abuse. this trial is expected to last at least two weeks. deanna durante, nbc 10 news. hung jury in the trial of a father accused of murdering his son. after six weeks of trial and ten hours of deliberation over five days, there was no verdict tr dj creato this morning. the judge dismissed them. he remains on jail on 750,000 bail. he will return to court on july 5th. they plan to retry this case. now to your first alert forecast. it's the return of the warm weather. taking a live look at broad

street. we're back in the 70s today with a little more sun than we saw yesterday. and taking a live look at boat house row. the warm-up is just beginning. >> very much so. this is a little cooler day on the shore. we'll show you how some people are still in the ocean. probably smart and chilly, but nothing is going to ruin their vacation. they are probably off today. we aren't completely in the clear just yet. take a look at the radar. krystal klei is most part, we are still in the clear. you see there are a few pop up storms that are rolling by mostly to the north of us. a lot of the storms you see just kind of disappear before they make their way to us.

we could see a pop up storm. it progresses our direction. mostly i think it would be the north parts of the viewing area. otherwise we're seeing a drying trend that will allow for sun in the days to comp. today was the start of the warm-up. 79 the official high. we're at 80 degrees in all allentown. even atlantic city at 73 inland. you go to the marina thanks to the sea breeze we just mentioned. i take a look at temperatures for the next days and how long the dry spell may last coming up in a few minutes. food truck attack caught on camera. take a look at this. police say a man was ordering at a truck when two men came up behind him ask put a gun in his face. the thieves punched him before

running off with his phone. now an update to a story we brought you yesterday. police say they have arrested the man they believe stabbed someone at a wawa. it happened during a fight at the store on route 30 in lumberton. officers arrested wade daniels this morning for stabbing a man in the arm. the victim is expected to be okay. here's a look at the stories making headlines county by county across our region. the new jersey state trooper is in trouble with the law. he's facing tampering charges for covering up improper stops with women drivers. investigators say he was pressuring women to begin a personal relationship with him. he has been suspended. a clearer shot of a burglary suspect from a surveillance camera. lis say he broke into the burlington county animal shelter on may 19th. nothing was taken. luckily no animals were harmed. a school tax boost in upper

motherla motherland. residents could expect to shell out $100 more. officials blamed pensions and a lack of a state budget. off the coast of atlantic county, mary lee is on the move. the great white shark with her own twitter account is seven miles off the coast of atlantic city. she's tagged with a gps. >> a little too close for comfort. going out of business sale deal that turned into trouble. >> how nbc 10 responds got a final sale refund when a new appliance never turned on. and brutal beach brawl caught on camera. what a shore community. wants with you the next time you visit. plus homeland security calls it a terror group's obsession. why you might have to leave laptops at home the next time you head to the airport.

new right now, a a close call on a jet blue plane is reigniting the debate about laptops on planes. a plane on its way from san francisco to new york was forced to land in michigan last night when smoke started coming out of a carry on bag holding an electronic device.

after a check, the plane went on to its final destination. an expanded laptop ban on flight trs europe to the u.s. is still on the table despite a report that the u.s. shot down that idea. the chief says terrorists are obsessed with bringing down planes. a similar ban is already in place on flights from ten airports in the middle east and north africa. expanding it to european airports would affect 429 flights a day and 105 thurks passengers a day. >> it will be an inconvenience tr all passengers across the board. >> it will be challenging because working on your laptop the whole way. my work, it would be a problem. >> talks still. ongoing on any potential ban could take weeks. we now know what brought one of the world's leading airlines to a standstill this weekend. british airways says a power surge collapsed its i.t. system.

the holiday weekend impacted 75,000 passengers. season starts tomorrow. experts say it could be an active one. today officials gathered to discuss how residents should prepare. . the national predicts nine hurricanes this season. four could be major storms. >> it's equally important to have a way to listen to the radio and be prepared. know where to go when you have to leave. >> the red cross recommends packing a bag with supplies that includes a toy to keep children occupied. we want to tell you about a $25,000 donation from citizens bank kicked off the free library job fair series today. for the first time, food and hospitality job fair. four different chances to find work beginning on friday.

to the sun and beyond. a new mission is heating up. how the agency plans to reach the sun. and chaos caught on camera. what sparked this brawl on the beach. and take a look at this nice and sunny shot looking into camden. we're going to talk about sunshine and warming temperatures over the next several days, coming up. dangerous habits, officials say kids as young as 8 years old are drinking alcohol on a regular basis. how big the problem is getting, tonight at 6:00.

take a look at this. an alcohol-fuelled teen beach brawl is caught on camera. this was the scene on the beach this memorial day weekend. a fight with families sitting feet away from them. >> the community is demanding respect from visitors. police say about 300 kids were on the shoreline saturday afternoon when the fight began. three kids were arrested for assault. about a dozen others were arrested for underage drinking, marijuana possession and fighting. >> they were it react iing to t

police just trying to do their job. really just trying to keep them safe. and then the residual effect of leaving the beach just totally trashed. >> the kids arrested were from cherry hill and the philadelphia area. a daring new mission announced by nasa today wants to touch the sun. next year the space agency will launch the solar probe that will get closer to the sun than any manmade object ever. they answer questions like what causes the sun and why the atmosphere is hotter than the surface of the sun. >> until you go there and touch the sun, you really can't answer these questions. >> they also want to know how and why the sun impacts our weather. the mission is set to launch next august. ret fascinating. >> this is unbelievable to me. the headline touch the sun.

>> i grew up in arizona. there was a few times i thought we were touching the sun. >> our forecast the next couple days, so excited. it's so nice. here's a live view outside. this is over the ben franklin bridge. what you're seeing here is a warm-up that's under way after that string of cool and gloomy days we have been dealing with. take a live look now over cape may. thanks to the sea breeze, we get the winds up from the south and the temperatures just a tad cooler. a moment ago we were looking at the marina. now let's talk temperatures over in delaware. what you see in delaware also pretty nice. much warmer than what we had yesterday. 81 degrees in harmony hills. still some 70s right now.

we go a little farther south about the same lincoln at 80. allen dale at 79. the sea breeze a moment ago, ask the shore looks nice today, but still kind of chile out there. here's the radar and satellite views. what we have been talking about is the potential for isolated shower or thunderstorm the past. most has fallen apart, which is no surprise here. you look to the north, we have a few spotty storms. the south we have thunderstorms passing near d.c. heading our direction. that will weak b as well by the time it gets into delaware. but we could see a passing storm or two. very isolated in nature. we start at 5:30. this model is giving us rain we are not seeing, but the rain here, bucks county, maybe mercer county on its way out. there's around 1:00 a.m. still has this unsettled

movement, which means the spot si storms may pass, but we're on the drying side of things. you see a clearer picture by your commute for thursday morning. and nice conditions for us tomorrow. 80 degrees the forecast high temperature. officially in philadelphia today, we hit 80 degree. 78 for shanksville. and then in newark we're looking at 80 degrees for us in delaware. so overall temperatures that are nice for your thursday, no rain to worry about. you can leave the umbrella at home and will not need the jacket in the afternoon hours. highs for the weekend, we're seeing a bit better forecast. we said yesterday it was looking less and less likely we see the storms on saturday. now we pulled that out entirely. so a mix of clouds and sun. 78 for us in philadelphia. 74 in the lehigh valley. and 76 in delaware.

sunday still leaving storms, but now looking better off. the shore at 68 and delaware 8 degrees. rainy period starting late sunday and lasting monday, tuesday, scattered activity wednesday and temperatures a little cooler again as well. >> thank you. a a going out of business purchase never turns ob. >> that's when a viewer turns to nbc 10 responds. how harry hairston was able to get that illusive final sale refund. and at 6:00, one day before this little boy would have turned 5 years old, there's a hung jury in his murder trial. why his father is still behind bars and what could happen next.

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welcome back. savannah guthrie joins us from the study e owes in new york. >> e she has a look at what's coming up on "nbc nightly news." >> good to see you. ahead for us tonight, president trump expected to pull the u.s. out of a landmark deal. also lashing out at a comedian over an offensive image. some frightening moments when

fire breaks out an a plane and the cause of something millions of us travel with. and you want to get rid of your glasses but worried about lacic. the new less invasive alternative when we see you in a few. >> thanks, virginsavannah. a viewer picked up an appliance for half price. >> but his bargain turned out to be not such a great idea. so he contacted harry hairston and nbc 10 responds. >> one of those cases. you think you got a good deal and turns out differently. when he got his appliance home, he discovered it didn't even work. and no one would help fix it. receive is retired. he starts his with a hot cup of coffee, a little tv time and followed by a walk with his best friend. but all was not so relaxing back in april. his son bought a samsung fridge

from this hhgregg. but as soon as he took it home, the fridge wouldn't even turn on. he wanted to help his son and call samsung for what he thought would be an easy fix. but it wasn't. the repairman told him the cost of the repair wouldn't be worth it. he would have to pay out of pocket. he took a different approach. >> i recommended my son to call nbc 10 responds and harry hairston. we had results within a week. >> thank you. >> when buying from a store gout

going out of business, find out your options in case the item doesn't work. they aren't accept issing returns. they are accepting returns and exchanges, but the store is still offering refunds. >> they are not accepting a return. but they will do the refund under certain conditions. make sure that will happen. he has a refund. that goes to the recovery counter at $697,399. >> almost at $700,000. >> all back to our viewers. they deserve it. >> it you have a complaint for nbc 10 responds, fill out the form on nbc10.com or give us a call and we will respond to you. nbc 10 news at 6:00 is is next. >> here's jacqueline london. >> the nbc 10 investigators were

the first to tell you about the growing problem of drugged driving in our area. now the issue comes into focus yet again following tiger woods' arrest for alleged drugged drive ing in florida. how local officials are working to keep you safe. breaking news in the case of a philadelphia girl who was found with a plastic bag over her head. what her brother said when he was arrested. we finally saw clearing skies in the warm-up this afternoon. but eventually there's going to be some more rain. the most accurate forecast is coming u on nbc 10 news at 6:00.

in the past few minutes, we learned new information about a girl found with a plastic bag on her face. police say the girl's brother is now in custody face iing attemp murder charges. the girl is fighting for her life. this is a very complex story. we have been following it all day. what are police saying about this? >> reporter: police have identified that 18-year-old brother. his mother told police she was having problems with him because he was using k-2. but early this morning she thought her biggest concern was he stole her car. that's until she made a definite devastating discovery.

let's take you through a time line. 10:00 last night, her 14-year-old son and-year-old daughter were in bed. her 18-year-old son was on his phone. the mother goes to sleep. by 1:00 in the morning, police say he burst into his mother's room demanding car keys. he takes her purse, gets the keys and leaves with the car. the mom calls police to report the stolen car. while inside the house to get the registration, the 14-year-old realizes that his 7-year-old sister is not in her room. the mother finds the 7-year-old in the basement unconscious with a bag on her face. the mother rushes the child to officers who perform cpr and take her to the hospital. the stolen car was found blocks away after it crashed. the son was gone but show issed up at the police district at 11:20 a.m. >> he locked himself in the back of the police car there. when officers found him, he did something stupid. >> he isac