mysterious story, mysterious because authorities don't know exactly how brandon creato died. no information on physical evidence or toxicology reports but tonight we are getting a better idea through dj creato 's attorney. according to his mother brandon creato was a loving child, energetic, someone who loved to laugh. it all ended on october 13th, 2015. his body found in shallow water down the street from his dad's home. dj creato always said he was innocent, in fact, he went through a trial, and it ended in a mistrial because in one knew what happened, until right now. >> it is a very watered down version of facts but yes, he absolutely accepts responsibility for being so reckless that it caused his son's death. >> reporter: richard spent last 22 months fighting for creato's freedom. it never happen. creato pleaded guilty to aggravated manslaughter early wednesday morning in court. >> this is a terribly sad situation but he would be a fool not to take a deal that was offered to him. >> reporter: he took the deal. according to court documents, dj creato admitted to recollect

creato pleated guilty to aggravated manslaughter not murder. dj creato admitted to recklessly causing death under circumstances manifesting extreme indifference to human life. his actions led to brandon's brain being deprived of oxygen. >> did dj creato kill brandon? >> it's a question far, far beyond what i'm able to answer >> brandon's mother sat down for an exclusive interview with "eyewitness news" last fall, she was too upset today, but said i want to thank everyone. i also want to thank for the thoughts and prayers i will be making a full statement following sentencingly please respect my wishes for privacy did this difficult time. >> i reached out to several jurors from the original trial last spring, they did not want to give an official comment on the record. sentencing is scheduled for september 29th here in camden. reporting live, david spunt be cbs3 "eyewitness news." >> thank you >>> a $35,000 reward is being offered to held solve a cold case on the mainline. 62-year-old was found dead inside her home in tredyffrin township in june

. >> reporter: distraught father finding out war, not long after, david dj creato junior would be in jail. three-year old brandon creato was found dead in shallow water october 13th 2015 at a park half mile from his dad's home. his feet were clean, prosecutors always argued that someone placed him there. after sitting in jail for a year and a half, last person to see little brand anis talking. >> he absolutely accepts responsibility for being so wreck less that it caused his son's death. >> reporter: richard is dj creato's defense attorney and went through an entire trial last spring hoping to clear his client's name. the circumstantial case ended in a mistrial. toxicology reports came back inconclusive. he says that his client did the right thing, by pleading guilty early this morning. >> if he had not admitted to anything he could not get benefit of this deal. it would have been irresponsible and foolish frankly for him not to take this deal. >> reporter: if convicted in another trial, creato could have been behind bars for life , the camden county prosecutor's office declined an o

david creato junior is facing the prospect of up to ten years in prison. david spunt is live in camden with more on what creato's lawyer is saying. david? >> reporter: authorities here at the camden county prosecutor's office declined to do an on camera interview but you can bet they're relieved this case has been going on almost two years and broken a lot of hearts here in south jersey. october 13th, 2015, three-year-old brandon creato was found dead in shallow water in the morning, half a mile from his dad's home, david creato who goes by dj had his son over to spend the night. hours later, dj met with police. >> i'm sorry, sir. since he was charged and put in jail in january 2016, dj creato maintained his innocence. that was until he cut a plea deal early wednesday. >> if he had not admitted to anything, he could not get the benefit of his deal. it would have been irresponsible and foolish frankly for him not to take this deal. >> richard represented creato during his trial. authorities and toxicologists couldn't pinpoint brandon's exact cause of death.

creato telling police he didn't know what happened.g this 911 call to police the morning in question. >> i just woke up and he wasn't in my apartment. i don't know what he what happened out or what happened. i don't know where he is. >> three hours later, about 9:0s found in a wooded area in a creek about three quarters of a mile from creato's apartment. his father dj the last person to see him alive and now finally another mitting he ended his life. >> who knows what goes on inside an individual like that? you can't even -- i can't even fathom what prompted anything like that to begin with. >> ten years is enough? >> absolutely not. no. absolutely not. >> reporter: do you think that's light sentence for -- >> definitely. yeah. it's a child. it's a person. it's a being. >> reporter: now creato will be officially sentenced on september29th to 10 years in prison. he will get credit for time served so he could actually be a free man, lucy, by the age of 30. >> which is amazing to think about. dawn timmeney, thank you much. >>> you'll get

creato will be officially sentenced on september29th. he will get credit for time served and lucy he could be a free man by the age of 30. >> wow. after 8.5 years served. dawn timmeney, thank you. >>> our viewers with the fox 29 app were the first to learn today'sing news you can download it for free. turn on our breaking news notifications. >>> we reported to you week and a half ago about a man who fell in a sink hole and the neighborhood of strawberry mansion. well, local government officials have been working on it and making progress. >> but ten days later community is still looking for answers. fox 29's joyce evans has more tonight from strawberry morning. joyce? >> reporter: getting a little impatient because after all that rain last night and all the wind, that spot opened back up again. that patch is temporary. they're still doing work under ground. both private and public repair crews, but tell that to the man who fell through the hole and the woman and her kids who still don't have running water. >> it's not one, two, three pla

creato telling police, he didn't know what happened. making this 911 call to police the morning in question. >> i just woke up. he wasn't -- i don't know if he wandered out. i don't know where he is. >> three hours later about 9:00 the little boy found in a wooded area in a creek, about three quarters after mile from creato's apartment. his father dj, the last person to see him alive, and now finally admitting he ended his life. >> who knows what goes on inside an individual like. that will you can't even, i can't even fathom what prompted anything like that to begin with. >> ten years is enough? >> absolutely not. no. absolutely not. >> do you think that's a light send innocence. >> definitely, yes. it is a child. it is a person. it is a being. >> the prosecution maintained that dj creato killed his little son because his teenage girlfriend didn't like children. of course we'll probably never know why. creato will be officially sentenced september 29th. he will get credit for time served. could be a free man by the age of 30. in haddon

david creato the man that prosecutors charged with killing his three year old son admits he did t dawn timoney on the stunning reversal right before his new trial. >> it is a really, really sad conclusion to a really, really sad thing. >> lots of heavy hearts in haddon township today after news began to spread that 23 year old dj creato pleaded guilty this morning to killing his little boy, brendan, almost two years ago. creato was scheduled to be retried on first degree murder charges in a matter of weeks, after a camden county jury was hopelessly dead-locked in may. many in this tight community showing their continued support for the three year old boy, with blue ribbons outside their homes. those we spoke to today were not surprised creato struck a deal. >> it happened at the legal systemment didn't happen in the moral system. i'm sure he look forward and his lawyer said this is the best thing you can do. >> appauling, shocking, scary, doesn't surprise me. >> under the plea agreement creato admitted under oath that he deprived his little boy of oxygen on october 13, 2015. he agreed

creato telling police he didn't know what happened.ing this 911 call to police the morning in question. "i just woke up and he wasn't in my apartment. i don't know if he wandered out or what happened. i don't know where he is ". >> three years later about 9:00 o'clock the little boy was founded in wooded nary a creek three quarters of a mile from creato's apartment. his father dj the last person to see him alone and now finally admitting he ended his life. >> who knows what goes on inside an individual like that. you can't even -- i can't even fathom what prompted anything like that to begin with. >> ten years is enough? >> absolutely not. no. absolutely not. >> reporter: do you think that's a light sentence for -- >> oh, yeah, definitely. yeah. it's a child. it's a person. it's a being. >> reporter: the prosecution maintained that dj creato killed his little son because his teenaged girlfriend didn't like children. of course, we'll probably never know why. creato will be officially sentenced on september29th. he will get credit for ti

creato will be sentenced on september 29th. >>> in lighter news, small town of water town massachusetts is butting, someone hit giant power ball jackpot worth more than 750 million-dollar. >> here's the store that sold golden ticket handy variety store, the 758.7 million-dollar jackpot is second largest in the u.s. history, but there was just one winning ticket, this is now largest, single pay out, ever. >> jim, just matter of time before we find out who winner is because lottery winners in massachusetts cannot remain anonymous and if they were not popular before this point they will soon be very popular. >>> someone watching us right now could be a millionaire and not know bit. suburban pharmacy on bustleton avenue in northeast philadelphia said it sold a millionaire raffle ticket in july, prize worth one million-dollar. he has one year from the date of the drawing to claim the pry so stories trying to get word out to their customers check your tickets. >>> time is 5:36. in business news deal between amazon and whole food is a peers to be moving forward. >> money watch's roxana saberi

say creato murdered the boy because his girlfriend didn't care for kids. but his first trial back in may ended in a mistrial when jurors failed to reach a verdict. he was set to be retried next month. bureau reporter cydney long is joining us live in the park where the boy's body was found. you're hearing strong reaction from people. >> reporter: we definitely are. people here have mixed feelings. they consider today's plea deal a blessing and a curse. many are relieved there will not be a second jury trial and a second chance at freedom. others are outraged and they consider today's deal a slap on the wrist, not justice. by recklessly depriving his son of oxygen, that's how dj creato killed his boy in 2015. the charge, first degree aggravated manslaughter. >> you have to be mentally sick. >> he's getting away with murder. >> residents of neighboring towns ared and saddened. >> clearly he's the only human being that could have done that. i think he was definitely guilty. >> but mostly stunned that a deal will send him to prison for less than ten. they stil

. >>> a surprise guilty plea by david creato, junior, camden county father accuse had of killing his year-old son. creato, who was set to go on trial next month pleaded guilty to manslaughter yesterday avoiding a possible murder conviction and now face s 10 years behind bars, after admit to go playing the role in the death of his son brandon back in october of 2015. creato's first trial, ended in a hung jury. >> if he had not admitted to anything he could not get benefit of this deal. it would have been irresponsible, foolish frankly for him not to take this deal. >> three-year old brandon's body was found in the park about a half mile from his dad 's haddon township home, creato will be sentenced on september 29th. >>> police in chester county charged a man after finding racist, anti sematic gra feet any coatsville and valley township. office's rested 24 year-old george of coatsville yesterday , the graffiti was found tuesday on a car, garage door and wall of the convenient store. results from the chester county prison on $150,000 bail he admits to having pennsylvania association wa

under the agreement, creato admitted under oath he deprived three year old brendan creato of oxygen in october, october 13, 2015, brendan found about a mile from his father's home hours after he told police the boy had wandered away. those we spoke to, were not surprise that creato struck a deal. >> i think it is kind of sad that you can murder your son, and end up being sentenced to eight and half years. but you have to have evidence to convict somebody. so without evidence, it makes it very difficult. >> i'm sure he looked forward, and his lawyer said this is the best thing you can do. >> it is appauling, shocking, scary, but doesn't really surprise me. >> creato will officially be send tents today ten years in prison on september 29th. the reason why they're saying eight and a half, because through time already served, you can get out in eight and a half. >> shack johnson, our attorney is here, good to see you. >> good to see you again mike. >> i don't know anybody who didn't think he did it. >> sure. the community at large if you were keeping up what was being said on social media,

by recklessly depriving his son of oxygen, that's how dj creato killed his boy in

. >>> coming up next on "eyewitness news" a surprise plea deal in the david creato junior murder trial, only cbs-3 talks to his attorney about his change of heart just weeks from the start of the new trial. >>> as students november in across the area and country we are looking at how family should prepare financially, meisha. >> we are looking outside, beautiful morning, so far, sunshine nice dry roadways so commute is looking good. we have had a couple accidents and update to mass transit. i will have though details coming up. but first we will take a quick >>> good morning. it is just about 6:30. here's what you need to know to start your day in the morning minute on august 24th, 2017. >> small town of watertown massachusetts is buzzing, someone hit the giant power ball jackpot worth more than 750 million-dollar. >> largest grand pry now, ever won by a single lottery ticket , in u.s. history. >>> a senseless tragedy in south philadelphia, an 11 year-old playing with the gun shoots himself in the face. >> police say he was at home when he somehow got into mom and dad's room and got hi

david creato admitted to killing his son brendon. the statement reads, createo stated under oath that erectlessly caused his son's death by depriving him of oxygen. he dumped the body in cooper river park after smothering him with a pillow. he called 911 to report his son missing. >> 911 what is your emergency? >> a mistrial was declared in may when jurors failed to reach an anonymous verdict. prosecutors alleged he killed his son because he was interfering in his relationship with a 17-year-old. the girlfriend did not want to speak to reporters about the plea. the second trial was set to begin next month instead he will be sentenced to manslaughter. >> neither the prosecutor or defense attorney would speak on camera. but the next step is sentencing expected to take place on september 29th, he will be sentenced to 10 years in prison but eligible for parole in just 8.5 years. reporting live channel 6 "action news." >> thank you. >>> investigators from the ntsb are working at the site of the collision between two septa trains in upper

" speaks to dj creato's defense attorney about his plea deal. >>> also this morning much of the gulf cozies bracing for tropical storm harvey, we will tell you when it is expected to make land fall and have an update on the strength. >>> we are hearing from a with man who survived this dramatic crash from seven stories up. >> ♪ >>> jim, don't stop thinking about tomorrow. >> i'm not. >> it will be friday, we are looking forward to the weekend and temperatures that come with it. chelsea has your forecast when we come right back. with severe weather slamming the coast of china typhoon kill2 people as powerful winds and rain kong. the storm has caused widespread power wind. >> crazy. >>> people down south in u.s. are bracing forharvey. >> as cbs news correspondent andy rose reports the storme a hurricane. >> reporter: harvey is expect to keep strengthening in the gulf of rch texas on friday. preparations are underway in texas as a state of disaster for 30 count ace head of the technicians arek water levels in harris county rainfall comes they will be able to accurately measure it ws ris

"action news" has confirmed david creato jr. the father accused of killing his 3-year-old son in 2015, has plead guilty to aggravated manslaughter in the death of his son. he admitted to depriving his son brendon of oxygen. his previous trial ended with hung jury in may. his body was found near his haddon township home in october of 2013. he originally said he wondered away and will be sentenced to 10 years in prison and required to serve at least eight years and six months of his sentence before he is eligible for parole. we are following this breaking news story and bringing you the latest today at 4:00. >>> in other news now president trump was off prompter and letting the arrows fly and quoted himself extensively on charlottesville. he omitted his two most controversial comments instead blaming the media. this while protesters and supporters clashed out

david creato admitted to killing his son brendon.reads, createo stated under oath that erectlessly caused his son

"eyewitness news" has learned that david creato, jr. has plead guilty to a single charge of manslaughter in the death of his three-year-old son brendon in october of 2015. we're told under the terms of a deal, creato, jr., there serve ten years in prison with possibility of parole in eight and a half years. he is been in jail since january of 2016 sentencing has been scheduled for september29th. we'll continue to follow this breaking story and you can get the latest any time on cbsphilly.com. >>> developing right now at noon, a white powder scare in west chester chopper three over the chester county courthouse a short time ago as hazmat crews investigate the suspicious substance. found in courtroom on the seventh floor that. room has been sealed off. all other areas of the building remain open. there are no reports of any injuries. >>> also this noon, giant jackpot powerball fever is heating up once again ahead of tonight's $700 million drawing. and tonight's jackpot is not second largest in u.s. history. good afternoon everyone. i'm ji

why some are not happy with the plea deal for david creat creato. >> alex you know sometimes i don't know where i am the night before? have i been in watertown, massachusetts in the lags few days? do you know? >> unfortunately, i don't think so. >> well, i'm saying yes. >> the $700 million powerball ticket was pulled there. one winner, yes, the ticket purchased from watertown, massachusetts. >> so we're not winners in. >> i don't know. and, well, us philly fanned, are used to chase utley, making a big deal. >> look at that. that temporarily helped preserve a teammate's bid at history last night. what do you think? >> i think i missed it. >> look. his hair is really cropped close to his head now. anyway, beside the point. go ahead. >> recently though you've been saying the baseball players are letting their hair grow. so he's going against the grain. >> well, he's getting older. anyway, big deal last night because his friend right there on the mound was trying to make history. >> that's what you do. >> i would help you make history. >> would you? >> yes, not that kind of history. >> g

david creato stated under oath that he recklessly caused death by depriving him of oxygen. he will serve ten years in veil. the murderl ended with hung jury this year. >>> ideo helped him track down a woman who used a to rob a chinese restaurant. she got her 7-year-old daughter to climb behind the counter and cash. >>> coatsville police the man who spray painted antisemitic messages at loevals. painted racist graffiti coatsville and valtownship. hasast associations with right supremacists groups, being on>>> in wilmington, spray painted r slurs all over a van. the happened bayar avenue overnight.>>> the white house movingh president trump'serned military the -- transgendered military ban. set ofted defense in the coming days. >>> officials say it will instruct the military to reject trarns gendered appear -- transgendered todling handle them andr tel>>> nds o o the jacket pot toon. sold in wat town massachusetts that's a suburb of boston. theyay never know the identity of the lucky person or group. in massachusetts you can be anonymous. look at million 17 23, 26, a power po

a statement reads that creato stated under oath recklessly caused his son's death by depriving him of oxygen. his body was found just hours after his father call 911 to report him missing. his trial ended in the spring with a mistrial after failing to reach a verdict. they maintained that he smothered the child with a pillow because he was interfering in a relationship with his girlfriend. the next trial was to begin next month and instead. 23-year-old will be sentenced for manslaughter. >> we are told that brendon's mother was in the courtroom and neither the prosecutors office or defense attorney would speak on camera. creato will be sentenced at the end of the settlement for 10 years in prison and must serve 8 years 6 months before he is eligible for parole. channel 6 "action news." >> thank you. >>> federal investigators say that the operator in that septa train crash in upper darby said has now provided samples for drug and alcohol testing. the national transportation board planned to interview the operator today. 33 people were hurt yesterday when the train smashed into the back

. >> david creato pled guilty in his own son's death.s charged with killing his three-year-old son brendan. sentencing is set next month. his first murder trial ended in a hung jury. >> tonight, it a crime seat after a woman was attacked running thes i are ncu. police want to know why they did it. "action news" reporter christie ileto joins us from fairmont park with me. christie? >> monocle, she was running up the path when a group of guys began heckling her and out of nowhere, she found herself jumped. >> i was out running. i can't remember much. >> she says the assault happened fast. >> one hit my>> she called me c. her mother didn't want to give their last name because stt know her >> they gave her a lip. her eye is black. "action news" washere as theycan squad cars. >> i like to run in a safe place and it's. it's an unfortunate thing that happened. >> her mother is grateful it's not worse. >> i don't want her out here by herself. i want everyone to know what's going on around here. >> police say there is no immediate motivate for th

. >>> just about two years later and 23-year-old david creato now says he did it. he kill his little boy brendon. prosecutors were going to retry cotto on first degree murder charges in a the matter of weeks much his second tree after camden county jury deadlocked in may. he faces ten years in prison when a judge sentences him on september29th. he'll have to serve at least eight and a half years before he is eligible for parole. eight and a half years arc three-year-old boy is dead. >>> only on fox 29, racism rearing its ugly head. scrolled across the property of neighbors in chester county. a mid a diverse community police have never seen anything like. shawnette wilson has more from coatesville where police have just arrested the suspect. >> can you tell us why you did this? what's your past association with the white supremacy groups. >> none. >> you said 91? >> did you tell police that? >> police say you claim to have past association with suite supremacy groups, yes or no? >> no. >> why did you do it? >> alcohol. >> alcohol. you were drinking? >> , yes, ma'am.

david creato pleaded guilty to one count of the manslaughter. he derived his son of oxygen. under the plea agreement he will serve ten years in jail. the 23-year-old's first murder trial end washington, d.c. a -- ended with hung jury. >>> police tracked down the woman who used a child to rob a chinese restaurant. the 28-year-old directed her 7-year-old daughter to climb behind the counter and steal cash. stratton was charged with child endangerment and theft. >>> maribel aber is live in new york with the market watch report. >>> amazon has cleared a major hurdle in the bid to buy whole foods. whole food shareholders voted to approve the deal. am zone says they hope to close the deal by the end the year. investors focused on the meeting of the world central bankers getting underway. futures are pointing to a higher open. we have reports on job sales due out today. >>> new this morning, we learned there's a winning powerball ticket. the jack pot jumped to $758 million. whoever won chose the cash option are in for $443 million. we may never know who the winner or wne are in mas

creato said he deprized his son of oxygen. the charge, first degree ing aggravated manslaughter. it means he will be sentenced to ten years in prison. >> ten years, probably not enough. it will get him off the streets. >> residents reacted swiftly. it's months in the making after the first trial reached a dead lock in may. prosecutors believe he was suffocated. a law enforcement source says he didn't cry or show any emotion in court. >> when the case came out and it was just so suspect and didn't have anybody else they were looking for, clear lir he wly h guilty. >> reporter: they answered the door at their homes as soon as e we learned the plea we asked prosecutors the detail the plea offer on cam rarks but they e decli declined. >> i'm not shocked. plea bargaining deals, i worked in the prison systems for years. >> reporter: he hopes he gets help behind bars. i'm not a big one putting on people in prison and locking the door. i believe we have to go beyond it and find out what's going on. >> reporter: we did try several times to get in touch with d.j.'s defense attorney, but is