scene, a short time ago maybe ten to 15 minutes ago a very heavy police presence here in wilmington. people we have spoken to in the area say this park is usually relatively quiet but not exactly the the place they would go to, necessarily at night, they wouldn't necessarily bring their children here at night but again, that is just the opinion of a few people we have talk to. back here live on the scene we will see once again if this park is now back opened to the public, it is a family in there right now. if it wasn't for some of the police tape we see just in the area still hanging around some trees would you not know that there was a police presence here but there was and that investigation remains active in wilmington. as soon as we learn more we will bring it to you on our broadcast and on line at cbs philly.com. live from wilmington, matt rivers for cbs-3 "eyewitness news". a controversial arrest was claim to have excessive force was used, and it is all captured on camera. >> reporter: now incident is under investigation by delaware county district attorney. todd quinones is live at police with more, todd. >> reporter: cell phone video posted on you tube shows chester police and chester township police, kicking and repeatedly beating the man even while he is on the ground family and friend say this video clearly shows police using excessive force against 49 year-old walter motes but district attorney says what you do not see in this video including a weapon, tells a much different story. >> he has got a gun back it up. >> after they got him on the ground they are kicking him stumping him and stuff. >> they didn't need to do all that. >> reporter: friend and family are disturb by the video capturing his arrest sunday afternoon near layman and hornet street and they claim it is police brutality. his mom wants the officer off of the street. >> the fact that they did that unaudible. >> at this point in time do i not see excessive for the. >> reporter: district county district attorney jack whalen said police became suspicious after pulling motes over after going wrong way down a one way street. police were in the neighborhood responding to a burglary. >> the first officer on the scene noticees that mr. mote is in his waist band, his belt area. >> reporter: investigators contend officers found a stolen loaded 38 caliber gun in his waist band, and they turn violent. >> and punches the second officer in the face. >> they had a first gun and second gun. >> after being treated at a hospital for bruises and a laceration, motes is now locked up tonight behind bars, and he is facing numerous, serious charges, including a assault, and resisting arrest. reporting live tonight from chester, todd quinones, cbs-3 "eyewitness news". >> todd, thank you for that. other news chopper three over the scene of the deadly two vehicle crash on i495 in new castle county delaware. thirty-five year-old wilbur maple was killed when his car swerved, crossed the median and went airborne this morning. it landed on top of another vehicle traveling southbound. four others were injured and taken to christiana hospital, with various injuries. well a messy evening in east falls after a water main ruptures. >> chopper three over 3500 block of scotts lane where philadelphia water department crews are on the scene. no word on the cause or what caused to it break. water department spokesmen tells us, and, two weeks after a water main break flooded out homes in south philadelphia, residents there are still having problems. today water department returned to the 2400 block of wood stock street, crews shut off services again after water leak into the basement. officials believe water main break under mind, individual service lines to homes and that issue is expect to be fixed by the end of the day. taking a look now at the weather, just another gorgeous day, here in the and kate bilo is out on the cbs-3 sky deck to tell us how long this beautiful weather will stick around. we say hang around for a while. >> it is only to be like this every day or at least every day in july. we need snow in the wintertime. we like our change of seasons here but this is perfection, when we talk about summer weather, it is nice and warm. temperatures in the mid 80's. sky is blue. we have puffy cumulus clouds. it is not humid outside. that makes all of the difference. lets take a quick look, storm scan three is completely clear, in problems in the north east, not even a whole lot of cloud cover. as we zoom south heat and humidity, has been trapped where showers and thunderstorms are this evening but they are trapped under a dome of high pressure keeping things quiet across northeast and midwest. these temperatures are fan lust. 82 degrees in philadelphia. low 80's in reading. allentown and trenton lancaster at 79 at the moment. that only tells you half story. we have to look at dew point tell you how much moisture in the atmosphere. dew points in the low to mid 50's which is very, very lowest specially for this time of the year. we don't feel any moisture contend in the air whatsoever, when we're outside. just a fantastic night to be out and about looking down at the sidewalk we see people walking in the city, 81 at 7:00. seventy-eight by 9:00. more comfortable by 11:00. we are back to 74 and we have temperatures heading in the 60's overnight in some spots maybe upper 50's north and west of the city. we have got another couple days of this beautiful weather, perfect pleas right new, but then perhaps another heat wave to talk about in the seven day forecast, i will have that for you when i join you inside. back over to you. >> thank you katie. entertainer bill cosby could face another deposition from an accuser's lawsuit. cosby tried to block a civil case brought by, a woman but the california supreme court ruled it can proceed on the trial level. she claims that the comedian sexually assaulted her in 1974 at the playboy mansion. cosby's lawyer says he maintains his innocence. >> in this country plaintiff cosby, is one innocent until proven guilty, and two because of in fault of his own these women did not come forward, there will not be an opportunity for him to disprove claims that are four decades old. >> a lawyer for the the woman said she plans to schedule a deposition for cosby before the end of next month. meanwhile a mural bearing cosby's image in north philadelphia is covered in white paint but this isn't the work of sand also. the philadelphia mural arts program decommissioned the artwork which was located under a railroad bridge at broad and glenwood. officials had reportedly made plans to remove it months ago because of the condition but recent headlines helped speed up the process. merchantville credit's medical license has been revoke after he allegedly prescribed painkillers improperly. doctor adam gilles must pay $30,000 civil fee and reimburse state $20,000 for investigative, legal costs. he can seek to regain his medical license in two years but barred from prescribing dangerous substances. most of us can probably agree on this, feeding a parking meter not the most fun this week the boro of new hope gave tourist a fighting chance by making an app for that. alexandria hoff, checked it out. >> reporter: new hope, and all of its sunny charm has a bit of the parking problem. >> i used to work here years and years ago and plenty of tickets. >> parking is one of these things that people do not like. they have to pay for parking. >> so, to make it easier change has come to these meters and it has nothing to do with quarters. >> you can automate your own personal meter. >> reporter: smart phone app called park mobile has hit the streets of new hope now allowing drivers to pay or refill their parking meters through their phone. >> each one of these things has a serial number on it, i tied tonight to my phone and as time expires, i put more money in. >> the opportunity for them not to get a ticket is now very good. >> reporter: to better understand how this works difficult down load app and i found there is a sticker on the other side, gives me a zone number and space number and there is an option to scan something but i think will type it in. >> reporter: including a 35 cents transaction fee, we paid a total of 85 cents for 40 minutes. >> it avoid getting a ticket. >> reporter: according to my app, i have 39 minutes left but they did warn it will in the show up on here. while it says expired on the meter, it doesn't mean we have no time left. >> would it greatly impact their ability to refill the the meter. >> reporter: what about extra fund generated from parking tickets. boro banks on it all evening out due to more users who will stay longer plus meters zeroing out after every use. you will get a net case saying our time is officially up at this meter. that could reload on my app but it goodies time for to us head out. reporting from new hope, alexandria hoff, for cbs-3 "eyewitness news". it is nice to have that reminder because you remember the the time, you got to go back but then it gets distract. >> i used to use kiosk. if you have a slight wrinkle. >> that thing does in the like it. >> it puts it in, spits it out. >> frustrating. >> anyway, we will move on. >> we could talk all day. >> we could. >> it is thursday that means cbs-3 is down the shore. >> lets check with vittoria woodill who is down in avalon, what is going on there. >> well, jessica magic continues on the beach, we will have more surprises so, you want to stay with us, kate. it looks like fun in avalon, we have got a beautiful beach day and beautiful beach day in the city but more perfect weather on the way as we head in the weekend, i'll tell you just how long it will last coming up hi there leslie. it looks like sam bradford will be go for eagles training cam in ten days and we're just eight days from the baseball trade deadline, so how is all of the trade talks affecting the team. we will talk about that later in sports well, it is thursday that means it is time for cbs-3 down the shore. >> we will check with vittoria woodill in avalon and it is a perfect summer day. oh what is that. >> a little balloon brim um. >> jessica ukee, don't worry ken, the the magician is whipping you up some hats as well. we will have them just in time for the 11. hi everyone we are down the shore in avalon, new jersey, but yes, i have this beautiful concoction on my head and great thing is that every thursday in avalon, they have all these fun activities for families to be part of. ken is a part of it. this is ken the magician, he is fantastic ken, do you just love what you do. >> i certainly do especially in a lex like this, night like this, it is fantastic. >> absolutely. we were talking earlier about lunchtime and there are catches in the sea there. can you show us thousand do it. >> i will make a fishing pole, it is not edible but it is a lot of fun. people love it. that is the pole, right there. put a little string on them. and new put a fish on them an, of course, you know what kind of fish this is. >> shark. >> a blue fish good that with make sense ken. i love that. how long have have you been doing that. >> i have been doing balloons for 20 years. >> look at how quick he is, it is amazing. >> oh, no, somebody want to go fishing with me. >> everybody wants to, look at all these, look at what he has made, how cute is that, awesome, we have the cutest little poodle ever. hey guys, everybody wave hello to everybody watching cbs-3. hi everyone. it is just the the best night ever. you know what with magic down here we have, on the beach, in the ocean, we have a couple of people, playing a really interesting game but i have never been a part of before, but they are using this ball that actually flies across the ocean. if you take a look here these guys are playing witt, it is a wobbl e ball, it is the coolest. it bounces right off the ocean this goes to she whether you are on the beach, on the dunes, in the ocean avalon has just everything and so much more to offer and speaking of, they have tons of things that they can do in and around this weekend down the shore. one being in ocean city, tomorrow it is the ship miller surf fest at seventh street beach. surfers will be catching waves at 8:00 a.m. also saturday it is soccer on the grand lawn, at congress hall and cape may at 1:00 p.m. games are played every saturday from now to september 5th and it is beach frisby tournament in wildwood, 400 teens are competing at the beach patrol headquarters at schillinger avenue all day saturday and sunday. if you want to head to cbs philly.com, for all of the details. ukee jessica i'm just having the best time ever. i'm taking this home and bringing two for you guys with me. >> very cool. >> would i like one of those balls, that looks cool. give it a throw. >> really cool. >> thanks, torey. >> talk to you in a bit. >> beautiful day down the shore. beautiful day every where. >> so many new fun games to play. >> i have a kid like the drip castle yes and drip castle, and it was great. >> oh, yeah, fun. >> i used to love that on my family vacation. great stuff down the shore. freight day for it. blue skies as far as the eye can sianni in the city as well. how long does it last? can we hang on throughout the weekend? that is worse when we have beautiful days but we have to go to work every day weekend comes, it rains. we have got beautiful conditions lasting through mess of the weekend as long as you don't mind humidity starting sunday. we have one quick peak outside the window from our sky cam three, at campbell's field looking live over ben franklin and toward center city. we have sun cloud blue skies, just looks like it feels great out there and it does feel great outside. great evening to be out and about in the city, maybe sit outside. if you air the home put burger on the grill, we will enjoy this low humidity while we have it. it will not last forever. it is july, just still the dog days of summer, they will return by next week. storm scan three is cleared for the moment and only storms and heat and humidity is found off in the south. very hot in texas and steam a cross portions of the deep south. lets look at our temperatures, first and information mess. thinks stellar for mid to late july. eighty-two in philadelphia. eighty-two in millville. eighty in the atlantic city airport. the this week we heard it had top ten weather week. last end of last week felt fantastic, temperatures below average, we have got that again today. look at the heat that is still lurking off to the south and west near 100 degrees in dallas. ninety-four new orleans. this heat will start to lift back as we head into next week. we are not done just yet even though, we know july is on the last leg. we have still perhaps another heat wave before the month is off. feels great 51 is dew point in the awesome range, that is where you want to be n where near inn sufferable. high pressure means lots of sun tomorrow with highs in the 80's. same story on saturday. high moves east and that opens up the flood gates to the hot humid air from the south and west and maybe stray thunderstorm. as far as how it feels outside tomorrow is another awesome one, saturday we are still pleasant and more humid on sunday. starts to creep up. we are no where near pink but creeping up as we head into next week. for tonight it is comfortable in the city we will hold on to that heat at 66 for the low. outlining suburbs could see upper 50's tonight. mainly clear for your friday, lots of sun seasonal 86 will be the day time high with that nice cool breeze from the north and west, five to 10 miles an hour. we have talk about the shore heading down the shore tomorrow great sunny skies 82. water temperature 73. uv index is ten. slather on that sun screen. rip current risk is low. eyewitness weather seven day forecast and cher cast looks great, it cost steam up on sunday but we are try for the most part, maybe stray thunderstorm, most of us are okay. monday a better chance, and then tuesday wednesday thursday it looks like another heat wave, we are back to the 90's with high humidity, and so all of the more reason to enjoy and bask in the low humidity. >> soak it up. >> here it comes. >> thank you, we will b travel day for phillies, before it is time to get back to work. >> the front office is working, and dealing with that trade deadline looming. phillies have day off in chicago starting three game with the cubs tomorrow afternoon at wrigley. jerome williams will get the start. fightins who have the worst record in baseball are expect to be sellers before next friday's non-wafers deadline and angels are monitoring chase utley. he has been on the dl since june 23rd. chase is batting .179 this season. he was asked -- pete mackanin was asked if trade talk effects the team. >> i will be perfectly honest with you, in the clubhouse coaches room, nobody talks about it, in the clubhouse. i don't see anybody talking bit. they might talk about it, but i don't see it. >> reporter: aaron nola will get the ball sunday, last years number one pick had a great major league debut tuesday against tampa going six innings allowing just one run on five hits, struck out six. on the wi p morning show his proud father talk about his son's first start. >> oh, man it was like living in the dream i hadn't woke up just yet. it was fun it was surreal. >> well, sam bradford said last month if he was not ready for 11 on 11 drills by training camp something would go horribly wrong. it appears that bradford should be good to go. coming off his second torn acl he was kept out of full team drills during mini cam this off season. multiple sources say he looked good and if healthy he will be the eagles starting quarterback this season. the union traded shane williams for cash and future considerations. williams was longest tenured player for union. zach peffer. >> bradford take that brace off that knee, he will look fine. >> it will be gone soon enough. >> thanks, leslie. >> we will be right back. you tell us what you want to pay and we help find options to fit your budget. nah, nah, insurance, nah, nah, nah, discount. my name's flo, you want to go out with me? no. uh-huh-huh! iran keeps their nuclear facilities. military sites can go uninspected. restrictions end after 10 years. then iran could build a nuclear weapon in two months. iran has violated 20 international agreements and is the leading state sponsor of terrorism. well, the family member may look up to for a long time well now it appears earth has one too. >> nasa announce today that the spacecraft has found earth's bigger, older cousin. his name is, 452b and it is 1.5 billion years older then earth. it was discovered around a type of star that is just like our sun but don't expect any up close pictures anytime soon. it is 1400 light years away. >> yeah, wow. >> it is out there, peeps. >> thanks for watching "eyewitness news" at six we are back at ten on the cw philly and back here on cbs-3 at 11:00. up next, cbs evening news, charlie rose anchors from new york. for all of news front of the camera and behind, thanks for joining us, family. we will see you later on tonight. >> rose: the f.b.i. names america's top terror threat more than a decade after 9/11. it is no longer al qaeda. also tonight the battle against wildfires. this one forced hundreds from their homes as flames threaten to burn them to the ground. donald trump on the border, on building walls and mending fences. and now playing: the invasion of the mayflies. can anything stop them? >> shoo, may fly shoo, shoo! >> this is the "cbs evening captioning sponsored by cbs this is the "cbs evening news" with scott pelley. >> rose: good evening. scott is off tonight. i'm charlie rose. osama bin laden was once the face of international terror. and al qaeda the biggest terror threat to the united states but no more.