norristown. a mother and her children fall victim to hit and run next. ♪ "action news," delaware valley's leading news program with jim gardner. montgomery county court in norristown, the scene of the latest chapter in the bill cosby saga. he said not a word today, but his lawyers are trying to convince a judge to throw out a case that could send cosby to

jail for up to a decade. it is tuesday night, and the big story on "action news" tonight is day one in court for cosby. cosby's biggest ally today, a former d.a. who said that he made a deal with cosby 10 years ago that shields cosby from prosecution on charges that he drugged and sexually violated andrea constand. and "action news" reporter chad pradelli is outside of the courtroom in norristown tonight. chad? >> yeah, jim, former montgomery county district attorney, bruce castor, spent must of the day testifying about that promise not to prosecute bill cosby. but it was a verbal promise, and now the judge must decide if it is binding. bill cosby left the montgomery county court waving to a small group of supporters who just finished listening to bruce castor who testified he promised

cosby's former attorney that the comedian could not be prosecuted ever. castor said that he hoped it would move cosby to testify in a civil case brought by andrea constand, which ultimately happened and cosby and constand reached an out-of-court settlement. castor testified he hoped that he helped make constand a millionaire. and cosby testified that he gave constand three blue pills and had sexual contact with the temple employee in his home, but insisted it was consensual. and newly-elected d.a. kevin steele says any non-prosecution argument should have been in writing. and there is no evidence that one exists. he says while he believed constand's claims, it took her a

year to go to the attorney. and he said her behavior inconsistent with a person sexually assaulted. and he said the case had flaws because of what he calls constand's inconsistencies and contact with cosby. and he said let's be clear, i am not on your team here, i want them to win. in the case or the hearing resumes tomorrow morning and the judge will make a decision and we will know whether this case goes to trial or is dismissed. live in norristown, chad pradelli, channel 6 "action news." >> thank you, chad. a california model who was suing bill cosby dropped her lawsuit today without explanation. chloe goins accused cosby of drugging and molesting her at the playboy mansion in 2008. prosecutors declined to file crime na-- criminal charges in e

case. and police opened fire in west philadelphia before 7:00. authorities say as they were chasing a man with a gun, one officer fired a single shot. it missed the suspect. the police were able to take the man into custody. no officers were hurt. this is surveillance video from south philadelphia. broad and dickinson street the scene of a horrific hit-and-run accident. a car slammed into a mother and her two children. all three are in the hospital. "action news" is live with the police investigation and do they have leads in the case? >> only the driver behind the wheel of a red honda. the police are hoping that someone recognizes the car in this disturbing video. a mother and her two children are seen crossing dickinson at broad. out of nowhere this red honda

goes into them. >> police only retrieved the car's passenger mirror and are reviewing multiple surveillance cameras. this one catches the driver speeding a block away from the scene. >> staying whoa, what is going on? and that car shot down here, and shot down here and kept going. >> and the reverend didn't know what he witnessed until he saw the mother and her two children laying in the middle of the intersection. he immediately stopped his sanitation route to help. >> and the little girl with abrasions on her face. a lot of them. she is like had them all over her face. but the one here, the mother, was on the ground. i said i am here to comfort you, but i want to take your baby so you won't roll over it and suffocate the baby. >> and the mother has injuries to her head, 5-year-old with a broken leg and the other with

scrapes to her head. and those who walk the intersection every day are rattled. >> no reason for you to hit someone and keep going. >> thank god the mother and baby is still alive, because that hit, that hit. whoever did this needs to turn themselves in. >> the drive last seen on dickinson and everyone with information is asked to call the police. >> thank you. the philadelphia police investigating how a 7-year-old boy ended up being shot in the face by a bb gun tonight at 5:15 in mayfair in the 3200 block of tyson avenue. fortunately the child only had a minor injury to his right cheek. and getting ready for rain tomorrow, and with the snow still around there is concern about flooding. going live to the big board and meteorologist cecily tynan. >> especially since the rain is

also going to be arriving with record warmth. double scan live showing you can't miss the storm system. it is a powerful storm system. low pressure near chicago. north of that low, heavy snow and then south of it they have had a tough night. severe weather, nine tornados reported in mississippi and alabama. we don't get the snow, severe weather, but between the two there is plenty of rain on the way. the national weather service issued a flood watch for most of the viewing areas. the counties surrounding the i-95 corridor, south jersey no the northwest. this is the areas with snow on the ground. near i-78 close to a foot of snow on the ground, that will cause problems with the warm air and the rain. the rain timeline, the morning rush hour with fog and light shower in the west. heavy rain in the afternoon and evening thundershowers between 2:00 and 6:00. the evening commute will be impacted. and wednesday night the showers

end and this is when we will have to watch the streams and creeks for some flooding. now that being said, the morning commute, we're not going to be dealing with much rain, but futuretracker showing visibility an issue. dense fog. less than a mile of visibility. talking more about that and what to expect with the system in the full accuweather forecast. >> thank you, cecily. chopper 6 hd found the penndot crews getting ready for the highways. getting them ready for potential flooding. they were clearing debris from storm drains along the schuylkill expressway to make sure that tomorrow's rain can run off the road. the "action news" morning team will be tracking the rain moving in, and any effect it might have on the morning commute. they are on the air beginning at 4:30. meanwhile, a lot of folks in norristown are still smarting from the way the borough cleaned up from the blizzard a week and a half ago, or more accurately didn't clean up. and "action news" reporter dann cuellar live tonight where the officials took a lot of heat and

dann, you have the details. >> that's right, jim. the residents he can -- expressed outrage for failing to have a plan for the blizzard and the disastrous effect on them. >> you still haven't said you are sorry. you still haven't said you were sorry. >> one of a number of residents unleashing outrage. the streets of norristown in disaster. left unplowed for days and v virtually no one could get there. and they admit they did not have a plan to deal with the tons of snow that fell during the blizzards. >> if somebody says state of emergency. your government gets on the tv saying there is a state of emergency, what does that mean? that means you obviously need to do something, and we didn't do a thing. >> and telling of watching an ambulance crew having difficulty getting down the block to take a neighbor to the hospital. >> they had to basically shovel their way to her house.

and it was just appalling. >> it was a disgrace. i am sure you heard that before. this is the county seat of montgomery county. >> municipal administrator jones says they have still not found someone to head up public works and are looking to find one. >> looking to establish short-term agreements. now the discussions in way with firms to support us in any plowing and snow removal. >> and a long-time observer of the borough affairs says it is a lack of leadership. >> we need a mayor back. >> what are you doing? >> looking to change the charter. >> a number of groups are looking to secure, spearheading an effort for 2500 signatures to put the question of a mayor on the ballot.

they hope to have a final candidate to head the public works by the end of march. >> thank you, dann. five years behind bars was the sentence today for chaka fattah, also ordered to pay $1.1 million in restitution of the son of a philadelphia congressman was convicted in november of 22 of 23 counts of misspending loans, and some of the nearly $1 million in funds he got as a school management subcontractor. and today we learned the results of the investigation into philadelphia's mail distribution center in center city. the city controller says that the city did not send out thousands of pieces of mail on time, including bills and parking authority citations. that means hundreds of residents fined for late payment even though it wasn't their fault. the controller's office is compiling a day that base of people affected by all this. we put the contact information

on 6abc.com. word tonight several restaurants in our area are among those hit by a nationwide data breach. the cyber criminals stole credit card information between may 4, 2014 through december 3 of last year. some of the eight places hit locally include the mccormick and schmicts. and kicking off the book and this year's selections is "cold mountain" by charles frazier, which is about the civil war. he and the composure of the opera were here. kicking off the book programs that take place through march 30. still to come tonight, going

for granite. showing you what the candidates of up to tonight in the granite state of new hampshire. plus, panic at 30,000 feet. fire aboard a plane and a hole blown out of the side. the case of terrorism or just a terrifying accident? >> plus, bad for business. how much chipotle suffered from theli outbreak. and the weather coming up. (vo) shop all makes, models and colors in your neighborhood...

all with worry-free ownership. head to your neighborhood enterprise car sales and let the people who buy more vehicles than anyone... shift your thinking about buying your next one.

a commercial airliner made an emergency landing in somalia after an explosion and fire blew a hole in the side. passengers reported hearing a loud bang minutes after takeoff. the pilot was able to turn the aircraft around and land safely. two people were slightly injured. the pilot thinks that it was a

bomb, and aviation experts say the damage was consistent with an explosion device. a prosecutor says a 13-year-old girl, allegedly abducted and killed by two virginia tech students was stabbed to death. virginia tech student david eisenhauer is accused of kidnapping and killing nicole lovell on wednesday. fellow student, natalie keepers, had her charges changed from accessory after the fact to accessory before and after the fact. earlier today nicole's mother talked about her daughter, saying she had survived various health ailments during her life. she became choked up and had to step away from the podium before she could finish reading her statement. >> nicole was a very loveable person. nicole had many people throughout her short life -- >> eisenhauer and keepers are both being held without bail tonight. police have not released a possible motive. chipotle's e. coli outbreak

taking out the profit down 44%. and never had a quarterly sales drop until now. they have been served with another subpoena, a criminal investigation into its food practices gets ever wider. winners and losers in last night's iowa caucuses in new hampshire. and it appears to be a three-man race for the republican nomination. for the democrats, hillary clinton finished ahead of bernie sanders by .2 of 1% in the closest iowa caucus race ever. sanders landed in new hampshire without having conceded the contest in iowa and told devoted followers we're in this for the long haul. and the senator from neighboring

vermont, he has a huge lead over hillary clinton in new hampshire. clinton arrived in new hampshire much relieved that she could cla claim. and cruz, trump and rubio a week-long blitz finding new hampshire has a less religious and more undecided electority -- electorate compared to iowa. and trump admitted skipping the debate may have caused him. and we will be covering the primary and looking for live reports from monica malpass beginning this sunday. famous groundhog punxsutawney phil predicted an early spring. emerging from his burrow, actually a mock tree stump

before 7:30 and did not see his shadow. he only predicted an early spring 17 times since 1887. and the fact is he only has a 45% accuracy rating. compared to what we expect now from people like cecily tynan. 45% is feeble. >> you know, i stepped outside this morning and i saw my shadow. [laughter] i think we have more winter to come. >> you are not in agreement with phil. >> he is adorable, i hate to argue. tomorrow will feel like spring. some spring showers on the way, and actually heavy rain on the way. and double scan showing tonight is the calling before the storm. in fact, we had a beautiful sunset. john lloyd tweeted this to me from center city, philadelphia. and we had some high, thin clouds rolling in around sunset at 5:21. a beautiful picture.

with the clouds and winds out of the south, temperatures not cooling off quickly. currently 39 degrees in philadelphia, down from the high of 53, which is 12 degrees above normal. it is going to get a lot warmer tomorrow. reading 40, trenton 37, atlantic city airport 32, and sea isle city 43 degrees. satellite 6 and action radar showing when you see this comma shape, it is a powerful storm. this is causing blizzard conditions across the upper midwest. towards across the deep south. you see the ribbon of moisture and how it is slowly advancing east. as it does, it also taps into warm air from the gulf of mexico. tomorrow, record warmth and the bus stop forecast is not looking all that wet. a few showers. the concern will be the fact we have warm air over a cold surface and snow. and that likely will cause fog. by 8:00, 47. futuretracker timing it out. you see around 8:00, light showers mainly along the i-95 corridor and areas north and

west. around lunchtime, still the heaviest rain across the poconos and northern lehigh valley. heading into the afternoon this is when we have the ribbon of heavy moisture around 4:00, look at the temperatures. 63 degrees in philadelphia. it pushes to the coast around 6:00. the evening commute is going to be very wet. and then it pushes off the coast later on tomorrow night by 11:00. but then we have to deal with some flooding, the flood concerns late in the afternoon on wednesday. the streets where you have the snowpack that is right over your storm drains that is basically blocking them, causing localized flooding, and also smaller creeks. wednesday night into thursday is when we get runoff. the schuylkill river basin could have minor flooding as well on thursday. big problem also the low-level jets. the air about 5,000 feet in the atmosphere, the winds 70 miles per hour. so when you get some heavy precipitation it can pull some strong winds to the surface, so i think we will have pretty

intense wind gusts tomorrow afternoon. and the seven-day forecast rainy and windy with record warmth. high of 66. and behind the system on thursday sunny and breezy. and the weekend looking nice, saturday 51, sunday 49 and then the pattern changes early next week. jet stream blast to the south. that pulls down some colder air 44. there are indication a coastal low could develop along the stalled front. and i will keep you posted on that. the bigger concern is the risk of flooding tomorrow night. >> thank you. the council of philadelphia hosting damon john at the marriott in center city, best known for his role on abc news's "shark tank" and started his career with a clothing line. he talked about his experience as an entrepreneur, specifically focusing on how being broke can be a competitive advantage.

i do everything on the internet but, it's kind of slow. my friends say i should get fios because it's the fastest. i just downloaded 600 photos in 60 seconds. that's seriously better. (husband) we're out of 2%!

i wonder what else could be better around here. (husband) i heard that. switching to better internet is now easier than ever. only fios has the fastest internet available, with uploads up to 5x faster than cable. get 100 meg upload and download speeds, plus tv and phone for just $69.99 a month online with no annual contract. switch to better. switch to fios. flyers and canadians. >> two ways to go out of the all-star break, the flyers have only one viable choice. the start of an important stretch of games and the flyers come out with a ton of energy. the first period, simmons on the powerplay.

and on the powerplay again and this time it is schenn. and playing better the past four games or so. now 2-0. and early in the second period, left alone squaring up and dialing it in, tying it at 2-2. stays that way until the middle of the third period. and the second of the night, and the flyers win 4-2. and they remain five points back. >> and it is a long break and tonight we started off really well. i think the second period, or the end of the first hit a little wall, giving up 2 goals, and we stayed strong and kept going. the eagles are on a shopping spree and their own players are the beneficiaries. vinny curry the fourth eagle in the last eight details to get a deal. keeping him here through 2020 and it is $23 million

guaranteed. the 27-year-old had 3.5 sacks last season and 9 the year before. and on the heels of celek and johnson getting a contract. and cox is still waiting for his payday. still ahead, st. joe's basketball team a quiet surprise. hearing from the coach as to why. the make-a-wish foundation sending a child to eagles' headquarters and he comes away with a super-sized gift.

i'm caridee. i've had moderate to severe plaque psoriasis most of my life. but that hasn't stopped me from modeling. my doctor told me about stelara® it helps keep my skin clearer. with only 4 doses a year after 2 starter doses... ...stelara® helps me be in season. stelara® may lower your ability to fight infections and increase your risk of infections. some serious infections require hospitalization. before starting stelara® your doctor should test for tuberculosis. stelara® may increase your risk of cancer. always tell your doctor if you have any sign of infection, have had cancer, or if you develop any new skin growths. do not take stelara® if you are allergic to stelara® or any of its ingredients. alert your doctor of new or worsening problems including headaches, seizures, confusion and vision problems. these may be signs of a rare, potentially fatal brain condition. serious allergic reactions can occur. tell your doctor if you or anyone in your house needs or has recently received a vaccine. in a medical study,

most stelara® patients saw at least 75% clearer skin and the majority were rated as cleared or minimal at 12 weeks. stelara® helps keep my skin clearer. ask your doctor about stelara®. college basketball. don't sleep on st. joe's,

winning seven games in a row. if they beat st. bonaventure tomorrow the longest win streak in 10 years. phil martelli's squad flying under the radar, he is ok with that concerned only with wins and losses. last season only 13 victories, and they are 18-3 this year. the difference, cohesion. >> in today's world everybody wants to call it chemistry and that's fine, they can call it chemistry. but these guys like each other, they respect each other. >> our depth, i mean we have a lot more guys who can contribute more than last year. they know their roles and we are good collectively. it makes us a good team. and finally, the eagles and the make-a-wish foundation teamed up to make a boy's day. in the end, he got a surprise of a lifetime. nicholas deon got to tour the

novacare facility. and last week he had a relapse, but he got to tour the locker room and meet coach pederson. and he gave them more than the hand shake. >> we have something for you. >> ok. >> are you ready? we have something for you. how about going to the super bowl? would that be all right? >> uh-huh. >> would that be good? >> yeah. >> let's take a look, what we got here. super bowl 50. you want those? >> yes. >> a little speechless. hopefully by the time the game comes around sunday he will cheer on whatever team he wants to cheer on. "jimmy kimmel live" next on channel 6 followed by "nightline." his guestses tonight are george clooney and dave salmoni. for the "action news" team i'm jim gardner, good night. "action news" is sponsored in part by --

♪ >> dicky: from hollywood it's "jimmy kimmel live!" tonight -- george clooney. plus dave salmoni and animals. with cleto and the cletones. and now, most of all, here's jimmy kimmel! [ cheers and applause ] ♪