in june. >> but yet i'm sitting in the wheelchair to this day, because i ran through an open field and he opened fire on me >> reporter: officer ryan powell is on track to be fired next month as a result of the jones shooting which officials described as being poor judgment. as for williams carney a injury any 2013 found officers were justified in his shooting >> it is a way to solve situations, without using deadly force. >> reporter: deputies physically removed five people , parading them out in the door of chambers and over to the criminal justice center all were cited according to the sheriff's department. >> we will continue to disrupt , until we get justice for david jones. >> reporter: we can tell thaw according to information, panel is under investigation by state prosecutors, and as far as the five people, cited here on city council today their identities have not been revealed. however, they will have to report, before a municipal court judge, to see how their cases will be disposed of. they will likely pay fines. outside city hall tonight, joe holden for cbs-3 "eyewitness news". >> thanks, joe, before that city council protest same group held a rally near frank rizzo's statue this morning calling for its removal. deadline for cities request for suggestions, about the statue's future, end at 5:00 o'clock tomorrow night. the city has received more than 3200 submissions, thus far. for now the rizzo statue sits in front of the municipal services build ago cross from city hall. critics wants the statue to be removed citing rizzo's record on race relations. others want it to stay citing rizzo's history with the city. "eyewitness news" has learned that this getty gas station in sewell, gloucester county is focus of an investigation by new jersey's department of consumer protection, and office of weights and measures. the agencies are investigating more than a dozen complaints of possible bad gasoline, being sold at the station. sources tell "eyewitness news" that the station's gas tanks before allowed to run empty which led unsuspecting drivers to fill up with left over water in the tanks, instead of gasoline. state officials say that they are inspectors were alerted of possible issues there, earlier this week. well, police say a bucks county pharmacist tried to kill heron i cannily ill mother by repeatedly injecting her with insulin. five-year old dan a, face as tempted homicide and other charges. her mother, mary who suffers from dementia and osteoporosis was found unresponsive at immaculata mary nursing home in philadelphia and then moved to abington memorial hospital. three days later she was unconscious again. nine days after that she had low blood sugar, again. tests determined that insulin injections were the cause. police say that she confessed to administering them, and she's free, on bond. philadelphia police say a ups truck hit a 91 year-old woman in center city this afternoon. this is the photo at eighth and walnut around 12:30. woman was taken to jefferson university hospital for treatment. her condition has not yet been released. the driver is, cooperating with the police. after a summer long legal battle, margate has reached a dune deal n exchange for dropping their lawsuits, margate will get a new multi million drainage system paid for by the federal government. it is that what residents want our cleve bryan is live in margate with more, cleve? >> reporter: well, good bye to the pumps and ponds that had been here this summer, but some people tell thaws this new drainage solution is far from the perfect solution. the legal battle surrounding dune construction is nearing an end in margate this week a court briefing sit agreed to drop its lawsuit against the state and army core of engineers in exchange the federal government will pay for a new drainage system that should, prevent pond from his forming on the beach when it rains. dubbed lake christie by locals this was extreme example in july but it is still an issue. >> we for the dunes as you know, cleve, we were never in favor of these. we lost in court. this is a big gain for us especially a drainage system which probably cost 10 million-dollar. >> reporter: right now in margate rainwater pores out over bulkhead. new system will send them through pipes that go under the beach and dump them out in the ocean similar to this pipe in ventnor. >> they are solution to a problem that we didn't have. >> reporter: chuck kavanaugh from margate citizens questioning the beach project says opposition to an out fall pipe system is one of the main reasons they were begins dunes in the first place. >> they are project tile, hard projectile in the water with all of the surf, kid out there , people bang into them report report there are concerns about city entering in a beach agreement with the state of new jersey which is a condition of getting the new drainage system. mayor michael beck's shourd me residents don't to have worry about future tax hikes when the state wants to do beach replenishment every three to five years. >> the state agreement says that we had in specific word ago this we will not have to pay for any future replenishments. >> reporter: mayor becker says there is still a negotiations over that state aid agreement but city could sign it by end of the month and there could be out fault pipes in the ocean for start of next summer live from margate, cleve bryan , cbs-3 "eyewitness news" it may be september but it is still summer and it will feel like it. meteorologist kate bilo is tracking a steamy stretch in the weather center, kate. >> that is right a warm, steamy day to day and it will stay that way. we have tropical moisture from what was once irma moving through and it will sit overhead for a few days, also, stability when we get heat, humidity we will get thunderstorms that form in this environment. but most of the showers and storms missing us to the north tonight. they are pretty active over northern pennsylvania, southern new york state but here in the philadelphia area we have not seen much. we had a brief pop up storm over chester county earlier this afternoon, that has fizzled, couple little sprinkles over upper bucks county and portions of new jersey, but for the most part tonight, it is quiet, just some cloud and the sun trying to peak in and out of the cloud cover through the day. we will hit a high of 84, 5 degrees above average. sitting at 80 in the city. seventy-nine in wilmington. seventy-eight in atlantic city dew points in the 60's. it is warm, steamy, definitely feeling like the summertime, that it is, out there, although this time have the year in mid-september not quite supposed to be this warm a few pop up showers, maybe a rumble of thunder here and there through tonight, many of us are dry, and few and far between, you can see 3:00 a.m. watching for fog to form. tomorrow same story sunshine early and with the heating of the day instability could cause threat for a few pop ups thunderstorms and that will continue through the weekend. as we head into next week we have to keep a close eye on jose, it could make a close path to the east coast. we will have more on the latest track in a bit. >> see you then, thank you. residents of florida continue to clean up from devastating hurricane irma while 3 million customers remain in the dark. today president trump and the first lady surveyed some of the damage in fort myers, florida praising work of the utility co and handing out food and water. the president, also applauded first responders for risking their lives, to save others. >> we have thousands and thousands of people that may have their lives ended and the numbers, a very small number, which is a great tribute to you in one of the places hardest hit flat keys, power running water and communications remain virtual ly non-existent. officials say that a full recovery there could take years. further north authorities continue to evacuate nursing homes left without power, and this is after eight residents of the nursing home died in the facility, that lost its air conditioning. there are many images of people displaced by devastating hurricanes in texas and florida, but not only are people displaced by these storms, many pets, now find themselves without homes. some of these dogs have made their way to our area for a new beginning and they are available for adoption right now at local shelters, including the camden county animal shelter in blackwood. >> you can see that these dogs are just loving dogs. they didn't ask for the hurricane. they are just looking for a home. ten of the 60 dogs available for adoption at camden county shelter were rescued from the hurricanes. shelter has 85 cats that need homes, volunteers say they hope these animals can gain loving families real soon. still to come on "eyewitness news" fighting for a cure, raising awareness for childhood cancer, why people are coming together today for this very important cause. plus a new bar and restaurant serving more than just food and drink new hot spot where you can pick up a pint, paddle, and we will let you know when it opens and the celebrity behind it, leslie. well, eagles getting ready for chiefs in kansas city and one eagles, crashed a fantasy football draft, we will tell you what he was doing later in sports. well, september is childhood cancer awareness month. >> that is right, researchers at children's hospital are working honorary search to come up with treatments for pediatric tumors. today philadelphia ronald mc donald house join force was chop to raise awareness. pediatric brain tumor foundation is also involved. organization is supporting chop personnel and has connect them to a bank of research and data. >> i'm a 30 year cancer survivor, a survivor with pediatric brain tumors, caused problems, diagnosed at age two it is people like you who supported cancer research that helped me be where i am today. >> to raise awareness pediatric brain tumor foundation will hoe a nighttime 5k at the navy yard, november 4th. a new social club in center city is opening up tomorrow night. >> it is planning to serve up fun with paddles and pints. >> reporter john mcdevitt from our sister station kyw news radio takes to us spin ping-pong lounge. >> reporter: there are 17 olympic grade ping-pong tables situated throughout the spin's 12,000 square food underground space. tables are rented by half or hour, prices range from $15 to $59. you can book a ping-pong pro for a lesson, megan peterson is a 14 time ping-pong national champion. >> i think when you start playing you will remember right away what the game is and it is supper fun to get into really quick. but then, we will give you have a few pointers we can give you to the side and that will improve your game. >> she put me through ringer. you can take all of the ping-pong action up here at the gar, order some food, or sip on a cocktail like the top spin, the spingria or the blob >> reporter: spin spokesman ashley says philadelphia is brand's sixth location. >> it is cot originally started in 2009 in new york city, and from there we've involved. we have a location in san francisco, chicago, new york and l.a., and toronto as well. >> reporter: actress susan surroundanis original co founder of the company is there so much to look at, it is hard to keep your eye balls from bouncing around from the bathtub filled with ping-pong balls to the room where everything is red including the table, scratch and cherry wallpaper on the way to the rest rooms a special touch. spin philadelphia is located in center sit a long 15th street near walnut street. john mcdevitt for cbs-3 "eyewitness news". love ping-pong. >> yeah. >> i played with my cousins growing up in south jersey, yes. >> still got game. >> still got game. >> you might see me over there >> i love that. >> kate's got our forecast on this friday evening. >> you know people might be looking to get out of the showers and thunderstorms, for indoor activities but you will have outdoor time this weekend as well, we will see sun and maybe some pool time looking for some of that late summer outdoor barbecue weather, we have got that in spades, it is about five or 6 degrees above average each day for the rest of the week and into the weekend. and we could see just a few pop up thunderstorms. we will look outside, show you center city, a lot of dark cloud, just a few minutes ago and new blue skies are back, it has been one of those days, sunshine giving way to dark included and over and over again, repeat but not a bad afternoon. most of the showers and storms , associated with moisture left over from hurricane irma have messed us to the north. you can see that on storm scan three showers and thunderstorms over southern new york state, the hudson river valley here, up in the northern poconos, and then just a couple of light sprinkles for the poconos region and portions of the lehigh valley this evening, rest of the areas looking pretty quiet. it should stay that way just a stray shower overnight, and possibly a few more pop up showers like these as we get into tomorrow afternoon. as far as the comfort index is concerned, the dew point, of course measures how much moisture in the air. that is what you want to look at to determine what it feels like outside. people look at relative humidity, that is just all relative right in the name. dew point will tell you what it feels like but you have to use a scale here. dew points in the mid 60's, put us in the steamy range, yesterday, we were near 70, it was more steamy, off that my and drizzle, it wasn't quite as hot. today with temperatures in the 80's and dew points in the mid 60's, it feels like a midsummer afternoon. future weather again showing maybe a stray shower tonight. tomorrow we will start with sunshine, cloud, bubble up in the afternoon, hottest part of the day, watch for a stray shower or thunderstorm late in the day as well and then, friday, saturday, pretty much looking like the same. saturday morning starting with sunshine and then the chance for a pop up shower or thunderstorm, late in the day. so, don't cancel any outdoor plans, just watch, for some, pop up showers, and storms, today was most activity. rest of the week, cloud, some sun, humid, but those scattered showers and storms. lets talk about tropical storm jose, because this is something we will to have watches specially getting into next week. jose just does not want to go away. briefly reached category four status, looped around in the atlantic and now starting to make a track back toward the eastern seaboard where it is expected to restrengthen to a category one hurricane. notice parts of our area just barely in that cone of concern most of models take it tout sea but there is disagreement looking at these hurricane models it looks like a child scribbling awe all over the place. we cannot rule on it a land fall but it would be close path toward cape cod, perhaps up toward canadian maritime but with this storm off the coast, even into the weekend we can expect larger swells, and strong rip currents, up and down the eastern seaboard, this weekend and certainly into next week with that storm lurking off shore. it could get close enough to bring wind, rain to the shore, tuesday, or wednesday, of next week, that is something we will to have watch as we continue to monitor its track. overnight, warmer, humid with a stray shower, 66 is your low tomorrow, sun, cloud, and then a stray shower, here or there, and cloudy, it is humid. you're witness weather seven day forecast, again, showing some sunshine peeking through tomorrow. it is dry for the temple game and showers and storms will be out by then. heading to lincoln financial field, it looks good, saturday and sunday looking good as well, just a pop up afternoon storm each day and then, still above average right through next week. >> come on now. >> yeah, thanks, kate. >> leslie is up next with sports. >> it will be a tough one for the eagles. eagles getting ready for another road game, we will hear from the team on why this isn't easy and rhys hoskins continues to, surprise the isn't easy and rhys hoskins continues to, surprise the sfx: t-mobile mnemonic sfx: t-mobile mnemonic sfx: t-mobile mnemonic t-mobile's unlimited now includes netflix on us. that's right, netflix on us. get four unlimited lines for just forty bucks each. taxes and fees included. and now, netflix included. so go ahead, binge on us. another reason why t-mobile is america's best unlimited network. sfx: t-mobile mnemonic oand freedoms that we have and we enjoy today.s ready. aim. fire. and it's important for us to let them know that we will never forget their service. fire. it was steve's idea to have this cemetery. this was supplied to the veterans, giving us a final resting place. we owe everything to steve for what he gave us here. i wanted to make sure that we just didn't say thank you to veterans, we had tangible things to show, and i think we've accomplished that. [ "taps" playing ] leslie joins us now as preparations continue for the next game. >> tough team, and we play in a very loud stadium. eagles prepare for their trip to kansas city this weekend. they will be hitting the road for second week in a row. here they are at practice, after last weeks win in washington they are hoping to start strong, and do the last time eagles started the season two games on the load was 2011 safety malcolm jenkins says this is not an easy way to start. >> no tougher way to start the season then two games on the road, one in the division, and so i think it is a good test for us, you know, so one of the things you come out with two wins, that is a good start >> meanwhile eagles offense still looking to connect with the deep ball. carson wentz hit corry smith on the long touchdown pass this preseason but last weeks things were a little off between smith and wentz. torey said don't worry, it will come. >> it will get there. it is live action. i connected on it a lot. so, different things happened, he slipped on one, you know, the other just fluke stuff. but i think we will get it down and we will need to because those type of plays change the game for us. >> and the phillies finishing up on their series with the marlins tonight, with the a's coming to town for weekend series. jake thompson on the mound for phillies and vance worley will take the ball for marlins. last night offensive explosion, rhys hoskins, did it again, this is his 17th home run of the season. >> gone. >> and check auto dub he will herrera, upper deck home run in right. phillies will win eight-one. we will have highlights coming up at 11:00. well, eagles, tray burton having a little fun a few weeks ago. the eagles television network, he posed as a member of the chickie and pete's wait staff during fans fantasy football draft. many fans didn't even know it was him but, after he suggested, you know, a few too many times that the owner should draft him, the joke was over. >> yes. >> i'll draft him give me some free crab fries. >> a little something. >> thanks, leslie. >> when we come back battle of the badges, the weight, is over. >> annual competition between philly cops and fire fighters, who won this years, by losing the ♪ having a baby. caring for your parents. learning you have a condition. these are moments when people realize that where you get your medicine matters. and they look to us. cvs pharmacy. for advice. and ways to save money. plus, get up to fifty extrabucks each year just for filling prescriptions. switching is easy. we're here for you. join us. at cvs pharmacy. ♪ "cbs evening news" is just a few minutes away. >> anthony mason joins with us a look ahead to that, anthony. >> hi ukee and guess contact tonight on the "cbs evening news", the art of the deal, democrats say that is there a daca agreement but white house says, not so fast. after criticism from the g.o.p., we're tracking the war of word. plus actor damaged the president takes on race relations, and health care, and, john mccain. and what the equifax investigation could mean for you. just ahead on the "cbs evening news". later tonight on "eyewitness news" at is 11:00 the italian, in collegeville, nearly making grade this weeks taste with to ri we are testing out, the food, and the unique history, that is tonight on "eyewitness news" at 11:00. looks like fun. well, philadelphia police and fire department is now over, with the, fire department, coming out victorious. >> fire fighters beat out police in the 31st annual battle of the badges weight loss competition. it is 13th competition, fire department had average weight loss of 10.2-pound per person. >> even though, this year we squeaked past the police department, there is no losers , except for everybody who lost weight. i think there was over 550 members, and, spouses and family members that took place , part in this. >> fire department now lead the series 16-15, weight watches of philadelphia will donate $10,000 in the fire department's name to the hero thrill show. thanks for watching "eyewitness news" at 6:00. we are back at 10 on the cw philly and we are back here on cbs-3 at 11:00. up next, "cbs evening news", from new york, here now is anthony mason, take care family we will see you tonight captioning sponsored by cbs >> mason: what's up with daca? >> there was no deal. they didn't say they had a deal. >> we had an agreement to move forward. >> first off, there is no agreement. >> we all agreed on a framework. >> sounds like a deal to make a deal. >> mason: also tonight, after irma, a visit from the president. >> we love these people, and we're going to be back, and we're going to help. >> mason: and demands for answers in the nursing home deaths. >> shame on you. >> mason: cyber-security experts say equifax made the massive security breach easy. >> the fact that there was an unpatched server for a matter of months, opened the door to the hackers. >> mason: and... ♪ kill them with kidness

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