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behind bars, after sexually a assaulting a six year-old girl in her own home. it happened in hatfield township, "action news" reporter christie lleto is live at police headquarters there, christie. >> reporter: police say oscar herrera admitted to break nothing to that home. jumping in bed with that six year-old girl in a room that she shared with her older brother. sexual assault and rape of the child are just some of the serious charges oscar herrera is facing. police say he broke in the hatfield village apartment unit through a living room window and then raped a six year-old girl in her own bed. >> certainly from the details provided by both children, it is quite clear, from the evidence that this individual is engaged in some terrible acts of the child. >> reporter: court documents revealed six year-old was awakened by an adult male behind her. he threatened to harm her and her family and told her to shut up but her cry begging herrera to stop and asking why

are you doing this are what alerted her 11 year-old brother sleeping in the bunk below to sprint to his parent's room for help. herrera claims to police he didn't realize there was a child in the top bunk until her mother came in and grabbed her out of bed. >> i have to give great credit to this 11 year-old boy who had courage to step up and help his sister and freight courage to the family for restraint that they exercised in what i can only imagine was an absolutely horrifying circumstance. >> reporter: d.a.'s office says it appears that this was random and that herrera a had not targeted the six year-old but he did admit to breaking into that very same unit a couple months ago, when no one was inside. >> i woke up at 5:00 o'clock to go to work. came out here and there were cops every where. >> reporter: tyler mccartney lives in the same building. he and others struggled to make sense of the violent encounter. >> it just disturbed me to be honest. i don't feel safe in my own house now. >> it is usually pretty safe. to hear that is shocking.

>> reporter: now herrera's bail is set for a million-dollar. reporting live from hatfield township, christie lleto, channel six "action news". there are more questions, to be solved tonight, just how did this happen. a plane crashing into a ohio apartment complex exploding in flames. the the wreckage is so burned and mangled investigators still don't know exactly how many people were killed. >> right now at this point it is, it is a reconferry process. there will be a process to it. we don't have any information. we do know that the plane can hold up to ten people, as possible. we don't necessity how many people. >> authorities have confirmed, that a pilot and co pilot were on board, the hawker h25 business jet. that is when it crashed on approach to akron fulton airport this afternoon. so the the death toll currently stand at two. but could be more. thankfully nobody was at home in the apartment building, no one was injured

on the ground. one woman was using snap chat as the instant of impact and recorded the thunder us boom next door. >> oh, my god. >> reporter: authorities say a specialized recovery team will begin sifting through wreckage tomorrow to identify any additional casualties, that while faa and ntsb investigators begin their investigative process. new jersey state police have yet to identify the dead man discovered along the turnpike this afternoon. his body was spotted in a ravine off the the northbound lanes in mount laurel, burlington county a at 1:30. troopers say no car accidents have been reported, they have not released a cause of death. lawyer for kathleen kane failed to persuade a judge today to drop the charge of perjury a against the pennsylvania attorney general. kane refused to talk to reporters, and at her preliminary hearing in

montgomery county court in norristown. her lawyer says kane simply for got that she signed a secrecy oath days after assuming office and there is no evidence that she intentionally mislead a grand jury. just as accu weather said it would, the the rain has lingered into the night but tomorrow promiseds to see substantial clearing. here's latest from accu weather double scan radar and meteorologist cecily tynan. >> double scan live showing light rain and drizzle is hanging on, we have a vat across south jersey over through philadelphia metro area and north and western suburbs. nothing all that heavy, but the problem is that it is really been reducing visibility, especially along the shore, wildwood, visibility down to 1.7 miles. atlantic city airport 2 miles. philadelphia is up to 4 miles. it was two and a half, the past hour. allentown and reading, visibility 2 miles. we have low cloud and fog. the good news it will be gradually improving in the overnight hours but still morning rush hour will be a

little bit on the damp side with some clouds, some areas have of drizzle at 6:00 o'clock 54. 7:00 o'clock 55. 8:00 o'clock 56. i amtraking return of sunshine and another round of rain. we will have more details in the full accu weather seven day forecast, jim. >> a viral photo of philadelphia police officers apparently sleeping on the job or at least seeming to do so has prompted an internal affairs investigation. the pair were in their squad car, with their eyes closed. police officials confirmed that the men are from the 24th district and the photo was taken sometime late last friday into saturday. officials say if the men were truly sleeping that were not only violate the rules but would be dangerous for the officers. the former son in law of the late frank rizzo has died in prison. joseph masternardo junior was sentenced to 20 months in jail. he was a big time bookmaker. a raid on his house in abington in 2012 turned up 1.1

million-dollar in cash. masternardo recently suffered from throat cancer and pneumonia . he was 65 years old. a female was greek goddess of wisdom but it looks like a new product called a athena is being a smart idea and being developed in philadelphia's university city. a "action news" reporter dann cuellar has the the story. >> i think it will work. >> reporter: at science center in university city, there is a lot of buzz about a device developed by a company called roar for good. >> you press button in the middle of the device for three seconds. the it will shoot off a loud alarm. >> reporter: it is called athena a distress signaling device aim at deterring sexual assault against women. >> it will message friends and family with your location through your mobile application. >> we are engineering it so that it will be able to call 911. we don't have that part complete but that is our goal. >> press button on the device. >> reporter: device send a text message with your gps coordinates to cast so they can find you and call police.

>> wear it as a necklace, clip it on your clothing. >> jewelry that looks nice but also has smart technology inside so if you feel threaten. >> reporter: to validate interest, the company created a crowd funding campaign hoping to raise $40,000 in the four week period to bring it to market but just two weeks in the campaign, it went through the roof, raising over $200,000. way above the goal. the company doesn't just want to create products that may save someone's life. >> we wanted to it come from a place of empowerment verse fear and that is where roar came from and then the for good because we want to make a difference. we truly want to change the world and that is where educational piece comes in. >> reporter: athena is not even on the market but company has received preorders for 1600 people in 42 countries f things go as planned it will be a available this spring. in university city, i'm dann cuellar for channel six a "action news". pennsylvania governor tom wolf has now confirmed, what we reported last night at 11:00 o'clock that the broad outlines of the budget deal

are now in place. wolf said at agreement would produce 350 million-dollar for public schools, this year, and he backtrack on his office's statement yesterday that there would be 750 million-dollar for the schools, over two years. republican lawmakers disputed, some parts of that claim. >> what do we want. >> fifteen. >> when do we want it. >> now. >> dozens of fast food workers walked off the job today in philadelphia and in 270 cities across the the country demanding a minimum wage of at least $15 an hour. that is more than double the current federal minimum, and they were joined by health care workers and airport workers in a protest march outside city hall. today was chosen as it is exactly one year, from the presidential election. montgomery county is a little bit safer tonight as these 22 men and women graduated from the fire academy in conshohocken. they can now serve as volunteer fire fighters in their communities.

they completed 178 hours of fire training, as well as first aid, cpr, and how to deal with hazardous materials. "action news" reporter vernon odom was proud to serve as the guest speaker tonight to congratulate these public servants. still to come on "action news" tonight music to their ears. a jazz legend, from philadelphia, coming to receive one of the cities most prestigious award. plus a heady decision youth soccer may be doing a away with a common play in the name of safety. well, tonight's rain maker is moving out but tracking another one on the way and that will have a big impact on the weekend. we will have details on how coming up in the accu weather seven day forecast. we are happy to say consumer reporter nydia han joins us tonight. >> jim, numerous local families trying to honor a remember a loved one lost reached out to "action news" as help help. the promises from a company the at worst possible time, and you could be dealing with this company and not even know

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philadelphia a gave out marion anderson award to the world renowned jazz musician, trumpeter winton marsalis. >> ♪ >> marsalis received at ward during a black tie gala at the kimmel center, soledad o'brien hosted the event that was filled with gospel and jazz performances. misty copeland, principal dancer of the american ballet theater also performed a new work tonight. at ward is named after the legendary philadelphia opera singer marion anderson and, of

course, recognizes artists for their humanitarian efforts. >> they teach all of us, every where, not gist privileged kid, not inner city kid, not inn in, i could be in the richest suburb of detroit, it makes in difference to me. every kid need instruction. >> the the award gala and concert was attended by hundreds of people including six abc's president and general manager, bernie prazenica. for the fourth time, republicans running for president debated the issues tonight. front runners donald trump, ben carson and marco rubio were trying to keep their momentum going. all three began bio posing efforts to raise the minimum wage. jeb bush trying to regain his footing took on trump's immigration plans but mostly lambasted hillary clinton and obama administration. new jersey governor chris christie appeared in the so-called under card tonight, because of his lower polling

numbers. the pennsylvania attorney general has filed a lawsuit against a local company, that promises to provide headstones and engravings. it accuses lifestone by stephan or stephan memorials of failing to deliver in a timely manner, a among other things. "action news" trouble shooters, have been warning but this company, since the beginning of this year. but the complaints, continue to roll role in. nydia han joins us with more. >> this is a heart breaker, jim. fed up families we talked to many grieving a loved one lost wanted trouble shooters help getting the head stones, for what they already paid in full. they wanted to warn others about this business. it operated by greg stephan, junior and senior, and goes by more than a dozen different names with offices all over the delaware valley. seven year ago beth ann and peter dose i pass add way at the age of 49 unexpectedly. her daughter says her family spent years getting money together for her head stone.

>> $6,100, we made the last payment in march of 2015, and that is when all of the the delays started happening. >> reporter: peter ducey says life stone by stephan told her the head extend would be installed a month or two after that last payment but six months later still nothing. >> you are looking for closure and this is one big piece being able to visit your loved one. >> reporter: peter ducey says week after "action news" trouble shooters stepped in on her behalf, her mommies at piece. >> i hate to think how she would have felt, if this all happened, so i'm glad it was over and she's happy too. >> reporter: to plan for eventuality of her own passing peg smith paid owner of greg stephan, senior for a head stone but yet to receive hers either. >> i truly don't trust him. i'm very, very upset. very upset. >> reporter: trouble shooters also asked stephan to resolve the smith's situation. >> he promised me the the full amount, refund on my check, and he was going to give me

the stone free. >> reporter: few days later she got the check and stephan had the other memorials on the smith family plot cleaned. >> appreciate channel six, so much. i cannot tell you how much. >> reporter: life stone by stephan blames peter ducey on the uniqueness of the granite. the smith's delay on unique finishes. but these consumers are far from the only ones complaining. what about all of the people hoff complaints against your business. >> we had two tough winters. >> reporter: that is all you have to say. >> i'm doing the best we can, we are trying every day. >> reporter: "action news" tracked down greg stephan, junior. can you just answer the the question why do you have so many complaints against your business. we have counted up 36 in the past four years just into our station. >> nydia, we have responded to you about all of your questions and you don't have permission to film me. >> reporter: off camera the company tells me we are taking pro active steps to improve our customer services and processes and working day and night to reach out to all

customers without standing order. one piece of advdvice from peter ducey. >> beware if they are operating under different names like this company was. >> reporter: are it is confusing. for example, drive by life stone by stephan's address and see a sign for cartilage memorial. peg wrote her sending check to cartilage. do a internet search for life stone by stephan and first is tomb stones and headstones.com. it makes no mention of stephan but has same address, same founding date, and the cartilage connection. the company did provide us a contact information for three customers, who told us their experiences were very positive. and stephan also tells us as a family owned business founded in 1843, we have always strived to provide the best possible customer service experience. at assume when family are grieving we understand how important it is to provide, peace of mind and we sincerely apologize for inconvenience. the as we mentioned the attorney general has filed a

lawsuit against cot as well. >> we will obviously follow that. >> we will. >> thanks, nydia. new york's attorney general took action against fantasy sports web sites draft kings and fan dual. on line companies that have been given stop orders to stop taking bets in the state. their operations have have been deemed illegal gambling and attorney general called the sites a scheme intended to evade the law and sports fans. both companies insist their games are legal and winning is based on skill, not on luck. new jersey lawmakers took up the same question in trenton today. state the a assembly committee heard argument as they deciding whether to regulate these sites as gambling in the garden state. health check at 11:00 tonight, u.s. soccer felt racial is recommending changing the the rules foreheaders in youth sports to prevent concussions. the organization wants to ban, heading the ball, for players, ten and under, and limit players between 11 and 13 years old to only use heading

in games, not at practice. the soccer federation, will have have have medical professionals rather than coaches make the call on whether players suspected of a concussion should be allowed to stay in the game or not, trying to protect youngsters, from repeated concussions. >> very important. i'm a soccer mom myself so i will be following that story we are following accu weather forecast. >> soccer field will be drying out. we are saying good bye to the rain. storm tracker six live double scan showing we still have some light rain and drizzle, hanging on, the the steady rain is right now right here near route 55, it has just moved through glassboro but this is a pocket have of moderate rain. you can see it slowly lifting up to the north, more scattered across the northwestern suburbs and temperatures really slow to cool down. currently 57 degrees in philadelphia, our high, 62 were 4 degrees above normal. even with the cloud, showers, easterly flow we are relatively mild.

allentown 54. trenton 53. millville 59. sea isle city also 59 degrees. satellite six with action radar showing that we are just in the back edge of the precipitation, it is still slowly moving up to the north but we will still have have some low cloud and maybe even some patchy fog as we wake up tomorrow morning, and then it will be just improving. so veterans day, going from included in the morning to sunshine by the afternoon and it will be warmer then today. at 9:00 o'clock 58 degrees. by 3:00 o'clock 65 degrees. wonderful afternoon for veterans. we thank you for your services. things will be changing on thursday. on thursday low pressure that is currently causing blizzard conditions a across parts of the colorado. this will be lifting up to the midwest and what will get is a cold front slicing through. that will bring us another round of rain, middle of the day on thursday, not a lot around a quarter inch of rain and high 63 degrees, but that low pressure will strengthen and deepen as it moves away on friday. friday will be a very windy

day, wind gusts up to 40 miles an hour and also with the wind out of the northwest bringing us a chilly start to the weekend. the exclusive accu weather seven day forecast for your veterans day we will start with the cloud, sunshine by the afternoon and relatively mild afternoon for november with a high of 65 degrees. on thursday that cold front will bring us some rain in the midday and afternoon, morning commute should be fine on thursday with just some included with a high of 63 degrees. then on friday behind that cold front temperatures begin to step down 60 degrees with the mixture of cloud and sunshine but friday the big story will be the win, future tracker showing win gusts at 4:00 in the afternoon anywhere from 30 miles per hour to 38 miles an hour and that wind will deliver a cool shot of air on saturday. good amount of sunshine with the high only 55 degrees. feeling cooler with the wind. on sunday wind will shift out of the southwest bringing us a warm trend. 60 degrees. good amount of sunshine.

great weather, for the eagles/dolphins game. and monday it stays bright with a high of 64 degrees and tuesday here it goes again, mild for november, 66 degrees, and this month so far temperatures running more than eight and a half degrees above average, part of the reason why el nino and el nino will have a major influence on our winter weather, we will talk about what to expect, the winter weather outlook on thursday night at 11:00 o'clock. let's just say it will be a interesting season, that is for sure. >> el nino, he will nina. >> yes, just opposite. >> thank you. philadelphia a's first african-american mayor was honored tonight for work he is doing now. wilson good was recognized for mentoring children hoff parents in jail. the honor came from the non-profit organization people for people, and tonight the organization also celebrated

so there had been technical problems with the mega millions drawing, it has in the been drawn yet.

>> okay good and, just wanted to make that point because a a lot of people tune into see what that deal is all about. a lot of people are tuning into see what the deal was that the flyers are tonight, they are not happy. >> to technical problems with this team as well, that has to do with defense. the flyers back home after a disastrous road trip they drop four of five tonight. more of the same. dairy say they are buried by avalanche. michael neuvirth gets nod over steve mason. less than a minute in, he looks awful. jerome scores. now two to nothing in the second period. steve due shane on the clean up duty, it is three to nothing, colorado. jake voracek signed a big 66 million-dollar contract in the off season. he cannot buy a goal. goalless through 15 games this season. avalanche would add a power play goal in the third period. flyers out shot 40-25. they are blanked four to nothing. after the game the the coach a

addressed the effort his team has been displaying. >> we didn't spend anytime in the offensive zone. we had one guy in the puck and slow getting the second guy around it. that is particular to tonight. we weren't good enough in that area. >> we didn't play a smart game. that is what happens when you don't play a smart game, the the other team, offensively talented. >> the eagles get miami dolphins this sunday at home. the bird returned to practice today, jason pete ertz and malcolm jenkins did not practice. something to keep an eye on. eagles started off at one and three. they are four-four. jordan matthews knows why. >> coach kelly want to build a team of guys who are mentally strong and mentally prepared for the entire nfl season. that is what we are doing. when you look at the back half of that game, practicing today, i feel like our offense we are picking it up. we are getting our swag on. we will practice hard this week. try to put it out on the field with the miami dolphins.

eagles line backing core is beat up. demeco ryan still working his way back. emmanuel ac ho is back. they brought him back to take place of jordan hicks. hicks was placed with a torn pectoral tendon. the it is a small world. ac ho has known hicks since high school. >> he was a kiddy raised, i recruited him to texas and i'm watching the kid get interceptions for touchdowns in our own state. i didn't teach him everything he knows but he didn't know anything before i met him. >> still ahead here on sport, temple football, hear why this

temple visits south florida saturday night this game means a lot to the owls. win would clinch conferences east division and that would earn the owls a spot the in the conference's championship game next month. >> we know is what at stake. you cannot, you really cannot start thinking about that stuff. we have to do what we have been doing since the beginning, get back to the process a and that is what coach has been saying out here today if you want to play for a championship you have to win a championship caliber game. this is a championship caliber game verse a team. this is what this is. you want to win championship you have to go beat these guys. >> that is a look at sports. jimmy kimmel live next on channel six followed by night line. jimmy's guest anthony anderson, jena malone and music from chris cornell. for the entire "action news" team, i'm jim gardner, good

night. >> ♪