Want to give you an opportunity a person of interest in this case choosing not to speak with Eyewitness News wednesday night. He walked in central detectives to be questioned about the severe beating a gay couple in Rittenhouse Square last thursd thursday. His lawyer brian mc van would only say this. Im sure the police will make an announcement. Thank you report roar this comes after an assault and these two gay men put one them in the hospital for three days. The pair says people from this group seen on Surveillance Video shouted gay slurs as they tack. This photo circulated on social media shows the group eating dinner at a nearby restaurant before the tack. One twitter user helped identify some of the group by looking who had checked in at restaurant on facebook. Most of them would have other pictures of people from the video with the name tag. Police are still putting a case together and no charges have been filed yet. But if they do come down, no one involved can be charged with a hate crime. Under current law only crimes motivated by race, religion or ethnicity can be prosecuted as a hate crime. Something we can all agree is no one should be physically attacked because of their Sexual Orientation. Reporter state representative brendon boil proposed a law in 2009 that would add Sexual Orientation to the hate crime statue it. Never made it out of committee. Theres no question if this were called up for vote tomorrow it would pass and passover well mingly. Reporter the restaurant the group ate at just before the attack la viola has been receiving a lot of criticism on social media despite them saying they had nothing to do with this attack. Thereleased a statement to Eyewitness News earlier this evening saying we were horrified to learn any of our patrons could have been involved in such crime. Our thoughts are with the victim and we wish the gentlemen a speed edie recovery. This investigation continues. No charges will be filed in this case. Until they have a very clear picture of exactly what happened. Were live outside of central detectives tonight, matt rivers cbs3 Eyewitness News. All right, matt, thank you. Dramatic new photos surface of that suspect wanted for ambushing two Pennsylvania State troopers. One trooper was killed and all out manhunt is underway in the poconos for the shooting suspe suspect. Hundreds of officers are searching for the killer in Blooming Grove pike counsel too. Thats about 10 miles away from the shooting seen in the town of holly. Eyewitness News Reporter diana rocco has the latest on the search. Reporter wednesday the Pennsylvania StatePolice Released new photos of the alleged cop killer eric frein. I want you to know one thing, eric, were coming for you. For days hundreds of troopers have been searching a heavily wooded terrain in rural pennsylvania after police say the 31 year old ambushed two troopers friday night killing Corporal Brian Dixon and serio seriously injuring another. Its a cowardly act. We said before, the trooper doctors not have chance. Reporter investigators say the son of a retired army major has long standing grudge against law enforcement. Frein once played a soldier in 2007 german short film and he is hes a member of a group that dresses in Eastern European military garb and plays war games. In his current frame of mind, frein now appears to have assumed that role in real life. Reporter two days ago freins car was found partially submerged in pond 2 miles from the Blooming Grove barracks. There were shell casing and freins belongings inside. Hes now believed to be armed with an ak47 and a hunting rifle with a scope. In nearby towns where many schools remain closed, his wanted picture hangs in storefront windows and restaurants. And many are staying home. If he does that to police officers, then he can do anything to anybody. Hear everybody talking about it, and people are concerned that something will happen to them report roar poconos School District cancel classes again for thursday. According to investigators, frein has made statements about mass killings and his own father describes him as an excellent marksman who never misses. In the satellite center, diana rocco cbs3 Eyewitness News. Tragic accident in west philadelphia. A child falls out of window and plunges nine stories to her death. Authorities say the 884 old was looking at something out her father apartment window just before she fell. This happen at the Fairfax Apartments in the 4200 block of locust street. Police say the victims 11 year old sister might be the only eyewitness to this accident. Sources say her father is a doting single father of two and a penn graduate student. Police are trying to track down the suspect who held up a philadelphia market but he didnt use a gun. Now focus down here on this pile of bananas and watch in this Surveillance Video from the store on the 3800 block of poplar street as the robber grabs a banana and then stuffs it here in his pocket. He steps up to the window theres cashier right here, and he demands money from that cashier. That cashier obviously couldnt tell whats in his pock here is it a ba nan narks is it a gun, who notice . The cashier figured the worse and handed over both money and cigarettes to this man who then ran off. He then gets on his bike and peels away on the pike. Were asking for the publics help. Hes a neighbor resident we believe. We feel he may continue on and do further robberies. They did put these people in fear because they could not tell what the item was when he dema demandedemanded money and claime had a gun. The robbery happened yesterday at 9am. If you recognize the suspect contact police. New developments tonight in the fight against isis. The republican controlled house of representatives has voted to give the Obama Administration authority to train and arm syrian rebels. The 237 to 156 vote crossed party lines. Final approval is expected in the senate tomorrow. In the meantime secretary of state john kerry says more than 50 countries have committed to launching air strikes on isis but the list is confidential. He testified earlier before senate panel. The issue that confronts us today is one in which we all ought to be able to grow. Isol must be defeated. Period. End of story. Secretary kerry stressed that under no circumstances would us troops be sent in on the ground to fight isis. Next year race for mayor of philadelphia is starting to take shape as more candidates announce their future plans. Eyewitness news has learned tonight that former Philadelphia District attorney Lynne Abraham will run for mayor. Though an official announcement has not yet been made. The democrat tells us she is meeting with advisers and trying to raise money for campaign. Meanwhile the attorney ken trujillo became the latest democrat to formally enter the mayors race today. He made his announce many outside the philadelphia School District headquarters. He will abolish the School Reform commission and of course he was City Solicitor under former mayor john street. Earlier this month Terry Guillen announced her candidacy for the democratic mayoral nomination shes the former director of philadelphia redevelopment authority. Other candidates are expected to join this race by years end. In harrisburg today lawmakers postponed vote until monday on the cigarette tax designed to help Fund Philadelphia schools. Lawmakers in the house were to vote on that bill today. There is no word on why they postponed the vote. The latest bill does strip out other unrow lated provisions which involve local hotel taxes and the expansion of an Economic Development program for small cities. Project home is again doing its part to break the cycle of poverty and homelessness in philadelphia. The group broke ground on its latest Housing Community in chinatown today. A ninestory building will rise at 810 arch street. It will feature 94 apartments and retail space on the ground floor. It will serve low income Chinese Community who are working restaurants, Different Things in the chinatown community, and then half will be for people that were homeless. The new Housing Community is expected to open in october 20 october 2015. New tonight the largest gift ever in the history of drexel law school. Philadelphia attorney tom klein has pledged 50 million to the school. In rec anything of the gift the school is now named the thomas r. Klein school of law. That gift and concludes the Beneficial Savings Fund Society building at wellth and chestnut. Heres your opportunity to weigh in on changes being made to a philadelphia landmark. City officials gather the suggestions from the public about redesigning love park. Many people wrote their ideas down on paper. Others drew them out. If you couldnt get over to love park today to share your thoughts theres still time. The city will be collecting ideas again on saturday. A father is under arrest tonight. He says he was just trying to teach his son lesson. But police say that that punishment went too far. See he what you think next. Kathy . It is a clear night across the region but we are watching a frontal boundary that has some showers well to the north and west. Its not going to bring any extreme weather. Other than some cooler air. Well talk about when that is coming in the seven day. And getting to the bottom of what happened to joan rivers. New details about a doctors shocking move while the comedian was under anesthesia. And it may look odd, but a green glow inside the body could be a lifesaver. Our Health ReporterStephanie Stahl will show us the medical break through next on Eyewitness News at 11 00. Wig wildfire in Northern California threatening more than 16 hadnt dread homes in Pollock Pines east of sacremento. This fire has burped 33 square miles of trees and brush so far its just 5 contained. Many people have evacuated. What started out as a form of punish many has left father in tennessee facing criminal charges. Police say that 35 year old mark hughes forced his teenaged son drink alcohol until he passed out. Hughes says it was lesson after he caught the 15 year old with alcohol. Officers were called to the home over the weekend. They found the boy unresponsive. Try to teeth the youth dont be drinking, dont be diagnose drugs and you got a parent contributing to the problem. The teenage injury was air lived that hospital but he is okay tonight. Police say that hughes was also drunk and started fighting with other people in the house who tried to stop him. He faces child abuse and negligent charges. The personal physician to joan rivers is coming under scrutiny tonight as details emerge about the comedians death. A new york clinic staff has reportedly told investigators that the personal doctor took a selfie while the star was under anesthesia. The source also tells the New York Daily News that her doctor performed a biopsy on rivers vocal cords without her consent. Joan rivers died september 4th several days after she went into cardiac arrest. It is believed her airway clamped shut during that biopsy. The em balanced mayor of toronto canada rob ford is battling cancer. That news comes just days after ford pulled out of his campaign for reelect. Ford has been diagnosed with a kind of cancer found in soft fatty tissue of body. Two tumors have been found as of yet. Ford will begin chemotherapy in the next 48 hours. On the health watch tonight, artificial sweeteners may lead to type two diabetes. Researchers in israel say those sweeteners may hamper the way the body handles sugar. But theyre not recommending any changes in how people use artificial sweeteners just yet. They say more research is still needed. On the cbs3 health watch tonight as well, invisible cancer is a killer. Now local researchers have found way to see what has until now been undetectable cancer. Three on your side Health ReporterStephanie Stahl has more on whats being called a game changer. This green glow could light up the future of cancer therapy. I feel like im a miracle woman. Im lucky. She was diagnosed with lung cancer earlier this year. The 65 year old life long smoker was scared and worried she wouldnt be around to watch her grandchildren grow up. Show is he decided to be part of a Research Trial at the hospital of the university of pennsylvania. How are you. Is that says lung cancer is often surgically removed but about 30 of the time invisible cancer cells are missed. And they can be become deadly. Its something that is not detectable. Now researchers have found way to make the invisible voice osama bin laden. With this special die used for other medical procedures. Its been engineered to accumulate in lung cancer cells and light up green under infrared light. For the first time, we actually have the ability to make tumors glow. Reporter before the operation patients are injected with the die. Then during the surgery the light is turned on. Look at what it illuminated inside fran see. Tissue that looked normal and was clear on ct scans was actually cancerous. The lung looks per factually normal. But there we found another spot glowing. If the lung cancer testing pans out researchers are hoping they can formulate the die to be able to find other cancers. Its going to change its a paradigm for surgeons to be able to see things we never saw before. Left a few scars that were heal fran see was able to avoid chemo and radiation. And now shes dancing with her grandchildren to celebrate as she recovers from a remarkablely short stint with lung cancer. He said it would have killed me. I think thats laying it on the line. I think its a her raquel. So far the green dye has only been tested on five lung cans sr. Patients. Results are promising. Researchers are still tweaking the process and hope to expand the research soon. Im instead of 93 stall cbs3 Eyewitness News. She may be destined to be a giant but right now shes about as tiny as they come. Take a look at a new female giant panda whos born monday night at an Animal Center in china. She weighed in at just 3. 5ounces both she and mom are in great condition. They tell us that in about week the newborn will start to look more like a panda with black patches forming and hair starring to grow. This little pup has been on quite a journey. Get this. Gidjet went missing back in april from the philadelphia suburbs. 3. 5 months later nearly 3,000 miles later the little jack russell was brought into an organ shelter organize shelter as stray she was micro chipped so the the shelter was able to contact the own are in. The on are in cant afford to fly out and the shelter does not have transportation program. Hopefully theyll figure that out. Its a pretty incredible journey. Philadelphia to portland. Thats no small trip. I wonder if he hitchhike. I dont know. Thats crazy. Whats going on in weather. Tomorrow will be great day to be outdoors. Doing anything. Walking the dog, taking a run, especially in the morning when it is cool and it is comfortable. We will be warming up again during the afternoon. Outside were looking at tell which is falling fast through the 60s. Take look at you are skycam3 of Center City Philadelphia from our beautiful studios here. Were looking at conditions that are going to be similar to what they were today. Case in point a live Neighbor Network shows us the high temperatures around the region some warm spots. West grove look at this the high 79. Avon Grove High School in valley forge at the middle school 77. Princeton at the high school 75. And hoax companies sin mounted sorey school 75 degrees much nice warm days and these cool crisp nights. In the poconos right now its 43. Philadelphia 62. 62 in wilmington. 51 in allentown. So cooling down again tonight. You can see to the west lots of 50s through State College and western pa through buffalo, new york and cleveland. A sign that things are changing. We have a weak front that will move on through. You may in the even notice it tomorrow afternoon. Maybe a few more fair weather clouds. Generally for met of the day it will be mostly sunny to become partly sunny during the afternoon. But this front is going to allow our next area of High Pressure to build in and this is a sprawling strong high. To the north through new york and new england. Morning lows on friday will be in the 30s. Really cold air. That air will moderate in philadelphia it will be a cool start but a pleasant finish with temperatures struggling to get to 70. We warm it up a little bit saturday. And them by sunday, we will have the peak of the hee. Heres a look at whats coming. You can see a dip in the jet stream. This is for thursday into the into friday morning. The core of the cold air still well to the north. Then another dip coming as fall begins late sunday well watch another cold air mass dip down toward monday into monday night. Because tuesday will be a very cool day as well. Overnight skies will be clear, it will be cool. 57 in the city. To the north and west 40s and 30s. The poconos waking up to 39. Allentown reading lancaster in the 40s. Along the i95 corridor, south and east, in the testify toos. Its sure feels like its cooling down quickly now that were in september. Thursday movely sunny another nice day. On the seven day forecast, friday is the coolest in this seven day until you get to next week. Temperatures will be cool in our suburbs only in the 60s. The last weekend of summer looks good. Saturday 77. Sunday 82. Monday some morning showers with another front. And there it is, tuesday another cool day. Wednesday staying nice. The temperature 73. Be sure to wake up with Eyewitness News in the morning. Meteorologist Katie Fehlinger will track the weather. The team starts at 4 30 right here on cbs3 and then continues the 7 00 on the cw philly. Amazing. Fall just coming on in. Right on queue. Perfect timing. Sure is. Kathy, thanks. Sundays forecast is mr. If he can for a homecoming. Everybody is looking forward to the return of Desean Jackson. I hope were looking forward to it. Hope we end up looking forward to it. Plus mr. Trouble in the nfl. Another player is in handcuffs facing serious charges. All of that and more coming up in sports. A business manager. And a stickler for homework. Im john kane running for state senate. Dad says the road to a good job starts in the classroom. [ lori ] hes a great dad who sees taxes going up but schools not getting the funding they need. [ john ] so id put back the billion dollars corbett cut from education and make sure corporations and natural gas drillers paid their fair share. Time to close the loopholes for the tax cheats. Dad thinks a lot about education. Im john kane and its about time harrisburg did too. A Division Rivalry and the return of Desean Jackson for eagles fans. Plenty of hype coming into sundays game with washington. The birds getting back to work. Short week after monday night werent over the colts. Word is jackson will be on the field despite going down with a sprained shoulder last sunday against jacksonville. Obviously a lot of history with his old team and he plans to bring his best. Im not here to be buddy buddy. I want within Football Games for this team here. So you know once game time comes, you know, i can careless about anything else. We expect for him to have good game. At least to have a good game. Try to. Hes a good player. But overall we win the game is the only thing that matters. Hell be pumped and i hope hes healthy. I hope he feels good. I really do, and i hope he can come in here and play but i know hes going to be hyped. I know he is. Also today line back consider Michael Kendrick sat out from practice with a calf injury got that in the monday night game. Casey matthews or emmanuel owe cho will get the start. Billy davis is confident either player can get the job done. Theyre both very intelligent guys that can set up front and line us up. They understand the defense thoroughly. Theyre very distinctive between the box. Theyre good tacklers. Theyre very similar skill sets. Not a whole lot of difference between the two of them. When you thought it couldnt get any worse more trouble for the nfl today. Arizona cardinals running back Jonathan Dwyer has been arrested on multiple charges including aggravated assault. It stems from two alleged incidents over the summer. Hes been deactivated from all team activities. Just days after they said hell return to football the minnesota viking now say Adrian Peterson will not play again until his legal issues are resolved. From front office admitted they made miss tack with their earlier original decision. For now, hell remain on the exempt commissioners permission list. Nfl continues with thursday night football right here on cbs3. Exton native and Penn Charter High School graduate matt ryan will start for the falcons as they host the tampa bay buccaneers. Pregame coverage begins at 7 30. I need your help. Where shall i take my live crew for the friday Football Game of the week. Your choices are. Ill announce the winner tomorrow at 11 00. Finally tonight, game three between the phillies and padres underway right now. Late start west coast. Padres have five hits against cole hamels so far. Right now, san diego is up one to nothing in the top of the fifth inning of play. To nothing in the top of the fifth inning of play. Well be right back. Heres a good one seattle. What did geico say to the mariner . We could save you a boatload foghorn sounds loudly whats seattles favorite noise . The puget sound foghorn sounds loudly all right, never mind doesnt matter. This is a classic. What does an alien seamstress sew with . A space needle foghorn sounds loudly continuously oh come off it captain geico. Fifteen minutes could save you fifteen percent or more on car insurance. New tonight great music filled the hyatt at the bellevue in center city. Rocky theme is performed by the philly pops. Eyewitness news at the Second Annual philly pops ball. 65 piece orchestra was led by maestro michael crew chef ski. Pat chiarocchi hosted tonights event as cbs3 and the cw philly are proud Media Partners of the philly pops. Guess what . The money we need to fund our schools lies right underneath your feet. Thats right. Down in the ground, pennsylvania has deep deposits of natural gas. But because of governor corbett, were the only state in the country that doesnt make oil and Gas Companies pay an extraction tax. As governor, ill make the Gas Companies pay up to help fund our schools for a change. Tom wolf for governor. A fresh start for pennsylvania. Thanks for watching eyewitness at 11 00 oclock. Were back in the morning at 4 30 with Ukee Washington and nat is brown. For beasley, kathy and everyone here at Eyewitness News im chris may. Im jessica dean. You can always find us at cbsphilly. Com. The late she with David Letterman is next. Have good night. Well see you tomorrow. band playing late show theme from the heart of broadway, across the nation and around the world, its the late show with David Letterman. Tonight. Plus paul shaffer and the cbs orchestra. Im alan kalter. And now, ironrich but leafy green, David Letterman captioning sponsored by worldwide pants and cbs