"eyewitness news" reporter justin finch joins us from city hall where two events collided, justin. >> reporter: good morning. yes, that is right, families gathered here last night to sipping carols and watch the the tree light up, instead they were met by protesters chanting things like no just advertise, no peace. lets take you right to the video though from last night, all that is happening in the city hall courtyard where those protesters gathered together. families there of course for a good time. protesters there to make a pint about the grand jury decision that is came down in the mike brown and eric garner cases. on wednesday, we heard the new york city grand jury came down with the call not to bring charges against the officers involved in the death of eric garner and last month a similar story from a similar grand jury chose not to bring charges against officer darren wilson in the shooting death of unarmed teen, mike brown, again, both men in both cases were unarmed. in tribute protesters gathered first at 30th streettation where they staged a die in, they all lied silently on the ground in protest of the tea ises there they then went from there from i-76, and then came backup town to city hall where they found some were not so happy to see them there. lets take a listen. >> people of color are being killed on a daily basis and cops that kill them are getting off. >> all these folks down here they come off for a good show and they are drowned them out for the sirens. why don't they get protest somewhere else. >> now that die in over at 30th street station was held by those protester for a minute for each of the hours mike brown lied on the brown dead after he was shot by officer wilson. there are more events planned for later this week and in the future and one man was arrested here last night. police say that he jumped a barricade during the tree lighting ceremony. we are live at city hall this morning i'm justin finch for cbs-3 "eyewitness news". justin, thank you. it is 5:03. traffic and weather together on the three's. >> today will be a nice, bright day, by comparison, we will have a few clouds out there and it is still chilly but you know what we will take the victories where we can get them here when it comes to this forecast because it has been pretty dreary, chilly as ovulate but still chilly but we will get some sun behind. lets take you out there and show you view on storm scan three which we make a sweep on the variety of different radars you are not finding anything, not even ground clutter. so it is nice to finally see storm scan clear up for a change. it feels like it has been a while, but we will have a couple of clouds out there. with that said, we will see some sunshine filtered through that cloud cover as the day progresses, temperatures climb into the mid 40's. thirty-six at the airport. thirty at allentown as well as mount pocono and then even they we are marginal no precipitation on the map here today. peck daytime high to hit 45 in philadelphia, little will cooler as we go perhaps up towards those outlying suburbs and clouds will start to eventually thicken up here. that is in advance of our next system, so, just general look at how things are shaping up for us here looking ahead to the weekend. it is into the weekend that we will see this next system move in. it will be a rain producer but it looks like it gets out of here by the eagles game. we will have more details on the timing of the system just later in the show, vittoria, over to you. >> good morning, everyone. it is definitely calmer, more serene the on the roads right now compared to yesterday. yesterday with the rain it was wet, wild, incidents all over the place, hopefully things are calmer as we continue into the rush hour even today. the as of right now notice that the ben franklin bridge is quiet no delays. made here heading in to new jersey using westbound or eastbound making your way in to philadelphia we will look great at 5:04 and that is the case all over the place. traveling elsewhere maybe traveling woodhaven road trying to get to and from i-95 or to and from the roosevelt boulevard maybe out of the north east, i don't believe the franklin mills mall is opened right now. but if you are traveling woodhaven throughout the northeast it is not awful. we have traffic light malfunctions in the northeast we will get to in just a moment or a malfunction but speed sensors all over the map reflecting good news. here's that traffic light malfunction, roosevelt boulevard at welsh road no cross traffic, your best option is grant avenue and in delays for mass transit, nicole. >> vittoria, thank you. a grand jury's decision not to criminally charge a new york police officer in the death of eric garner spark protests around the country. unarmed man died after being placed in a choke hold restraint. cbs news correspondent don champion is live with more on the fall out from that decision, don, good morning. >> reporter: good morning, nicole. grand jury has been looking in the garner case for about two months and in the end panel found there was in probable cause that a crime took place. even though there is anger and outrage over the decision, protests have been passionate, but piece full. demonstrators gathered around new york city almost immediately, after after it was announce that had a insuring grand jury did not indict a police officer in the death of eric garner. dozens of protesters in manhattan were arrested for disrupting traffic on busy roads and streets. >> we saw the video where they choke that man to death. >> reporter: as people if seattle, chicago, and st. louis marched in solidarity. nypd officer daniel pantleo was caught on garner putting him in the choke hold for reis continuing arrest in july after he was stopped for illegally selling cigarettes. video soon went viral, and medical examiner ruled garner's death a homicide. memorial grow is here on staton island. in the video you could hear him saying i can't believe as officers tried taking him into custody. choke holds are band under nypd policy n a statement officer pantleo expressed remorse over garner's death saying my family and i, include him and his family in our prayers and i hope that they will accept my personal condolences for their loss. garner's family is angered. >> there is nothing that him or his friend or his prayers will make me feel any different. in, i dent accept his apology. >> reporter: new york city mayor bill deblasio urgees protesters to remain peaceful saying that is the only way to bring about real change. now while the grand jury did clear officer involved he does face an internal nypd investigation. the justice department has announced its own independent probe. nicole, back to you good don, will we get to see any of the evidence that the grand jurors looked at, do you know. >> reporter: you may recall, in the mike brown case, and st. louis area, the prosecutor there did release all of the evidence that the grand jury considered in that case. the law is here in new york are very strict when it comes that but we do know that the prosecutor has petitioned a judge to see if he cannery lease some of the evidence that the panel did consider. at the least we do know that the officer involved in the incident did testify before that panel. >> all right, don champion in staten island. thanks very much. in other news fire fighters spent hours battling a large apartment building fire in philadelphia flames broke out in an abandoned building at 53rd and montgomery around 7:30 and then started to spread. from chopper three you can see fire fighters trying to gain control from above. the red cross helped at least 15 displaced residents. one resident spoke with "eyewitness news" but chose not to hoe her face. >> when i looked out the window, he told me that the house next door was burning down, and to get out. so i just grabbed the stuff that was in my reach and i ran out of the back door. >> reporter: it took two hours for fire fighters to get control of the flames. the the cause of the fire is still not yet known. nicole? ukee, friend of the missing west chester university student shane montgomery gathered on campus for the first time since he went missing within week ago. friends and family held a candle light vigil in a show of support and strength. the 21 year-old was last seen leaving a manayunk bar early on thanksgiving morning. fellow students are trying to stay positive as the search for shane, continues. >> just the fact that he has been making this atmosphere different. >> how weird it is just knowing that he is missing, and everything here is still going on. i'm still trying to rap my head around that. >> reporter: reward for information about his disappearance new stands at $31,000. anyone with information is canned to call the fbi or north west detectives. we may have trouble grabbing a bite at some fast food restaurants today. workers at this mcdonald's at broad and allegheny plan to walk off the job with other workers all across the country. they want the minimum wage to be raised to $5 an hour. the protest starts at 6:00 o'clock this morning. workers also plan to rally at broad and arch, at noon time. welshing final preparations are underway, as nasa gets ready to launch a state of the art spacecraft, orion. the unman rocket will place off in two hours. we are looking live at the launch pad here. scientists hope this mission will be the first step towards human exploration of the solar system probably even a trip to mars. this is really exciting stuff. the test flight should last about four and a half hours and will send orion 3600 miles above the earth. we will have a live report from cape canaveral in our next half an hour. >> hopefully see the launch on the cw philly. >> that will be about 7:00 o'clock. >> 7:05 i believe. toddler sees a close call see the frightening moment she falls on to some train tracks. and also this. >> this behavior, was that of a predator. >> more women come forward claiming bill cosby abused them, what they want from the comedian as a new message cosby has for his supporters. and christmas comes early for the sixers, the team finally picks up its first win of the season but not before a very unusual start to the gagame. we will tell you more on the other side, we will be right it is 5:13. we have traffic and weather together in a moment. but first let's show you this mess out west. this neighborhood near san francisco is covered, in water after getting drench by downpours for second straight day. one area outside los angeles got almost 10 inches of rain. now the storm is also being blamed for this huge sink hole you see on your screen. they will in the get a break from the rain at least not to day, right katie. >> it doesn't look that way. we are till dealing with heavy rain out west and it looks like most of the major activity in the atmosphere has sort of moved out to the western united states, a a lot of it as ovulate has been happening through the central portion of the country and eventually let led us to having some impact from the storms as well but so much of that axis confined, right now especially across baha, california with still some heavy rain. much needed rain but just too much, too soon for that region. the one and only hiccup we have out there at this point is just the beginnings of the system that starts to move in by tomorrow night. we will just have a few showers at this point to report generally right around where mouth of the mississippi meets ohio river but with that said we have got some dry boards out here in rehoboth for a change. a break in the activity for us. the temperature right now 37 degrees. we don't expect daytime highs to generally get in the mid 40's around the region as a whole. despite more sunshine you need to bundle will up. have your sunglasses ready to go. 45 degrees is the spec high. that is 4 degrees shy of where we should be for the day time high. later on tonight with more clouds thickening we will drop down to a seasonal 33 degrees. that blanket of clouds essentially keeping us from bottoming out too much but tomorrow we are back up to 47 degrees and then by tomorrow night we will start to see the first rain drops moving on the radar. saturday, just such a general wash out i hate to tell you that, there is not too much of a break expect at this point. make indoor plans and if you have to maybe decorate the house on the outside wait until sunday for that. vittoria. >> thanks very much, katie. good morning, everyone. traveling on the roads right now it is still quiet, serene, i had said earlier on yesterday it was a total wash out the rush was kind of least dick lust. on top of the rush you had that bad weather and it always adds extra volume because folks are just taking it easy as they should. today we should just see a regular rush hour, with the exception of some sun glare. but currently, right now vine street expressway in delays in either direction. heading east or westbound toward the schuylkill expressway. if you are traveling right now, maybe on the roosevelt boulevard, in delays here too. heading to the schuylkill into the northeast even commuting out towards route one in bucks county it is a wide open stretch. fifty-five is your average on all of the major right now but traveling in the northeast from the boulevard and welsh there is no cross traffic. traffic lights are on flash there. your best alternate toys take grant avenue, mass transit is just fine, ukee. thanks, variety tore y we are watching developments on several stories here this morning. we are waiting to learn if charges will be filed in connection with the deadly accident in north coventry township chester county. a construction workers was hit and killed on 422 near route 100. demonstrations at philadelphia city hall disrupted yesterday's tree lighting festivities. crowd protested as grand jury decision not to indict a white police officer in the shooting death of an unarmed black teenager. and in new york, more protests after a staten island grand jury decision not to indict a police officer in the choke hold death of the black man. police say the demonstrations were largely peaceful. all right. 5:17 right now. get ready to pay more for that morning cup of coffee, we will let you know who is raising prices now. we will see a trend. we have got some video too, the students on that bus are alive thanks to their heroic driver. hear how she saved the children from near disaster when we come back. good mornin after all of 231 days your philadelphia 76ers are back in the win column. sixth's voided tying nba record by winning their first game of the season after 17 tries. sixers in minnesota against t wolves and that is rookie kj mcdaniel with two of his 12 off the bench on the follow. michael carter williams had 20 points, nine assists. once again sixers first win of the season. they take down minnesota. your final was 85-77. you don't see too many sixers wins and here's another thing you don't see very often, innings is isers and timber wolves and innings isers go to the wrong basket. both teams lined up wrong. we will see, once officials realized it, 16 seconds elapsed they ignored that time and started the game all over again. here we go, sixers win. allen i've on showing on love for sixers after the big win. ai tweeted congratulations, keep fighting, stay strong, sixer for life. innings isers go for win number two tomorrow night against oklahoma city in south philadelphia. struggling flyers out on the west coast playing a tough anaheim ducks team and win simmonds second goal of the game ties it at four with 2-pint six seconds left but the game stayed that way until a shoot-out and flyers will lose it-four. flyers lost nine straight shoot-outness six straight games overall. it doesn't get any easier. flyers head to l.a. to face the stanley cup deeven ifing champion kings saturday afternoon. nicole. well, a magazine takes a dig at philly. ugly truth they say about the the city of brotherly love. heart stopping video here when a toddler falls on to the train tracks, why that little girl is especially lucky. we will explain. my one word to describe ac would relaxing getaway fun unique beautiful serenity shenanigans refreshing shopping surprising happy place you know what i mean? i want to say friendly. exhilarating adventure the boardwalk #nosleep it's a great weekend. there is so much to do here. it's so great to have it so close. it's just a great location, a great place to be. we love atlantic city. it is 5:23. time for traffic and weather together. lets start off with katie, hey there, katie. >> we have a pleasant forecast here today. it is a chilly one but in the terribly breezy and we are looking at more sunshine. who could beat. that we will expect to see temperatures today climb in more than in the mid 40's but you have no problems, seeing any of the city sky scrapers here. a beautiful view early this morning but because we do have a generally clear skies, the temperatures should drop off more readily then yesterday. 36 degrees is the the current temperature at the airport. we are generally finding flirting with freezing in many locations. there is nothing on the radar say for with the satellite we have a few clouds and it is it. it looks like a decent day. we have a break in the action. we will take what we can get. 45 degrees. partly to mostly sunny day, by friday, just clouds through daylight hours but by night fall we are tracking a new disturbance bringing in just rain as early as friday night and then sat take looking like a rainy day, vittoria, over to you. well, right now at least we can look forward to some sunshine out there and probably traffic that is better, than yesterday. well, i guess we will see what happens, you just never really know but traffic wise, yesterday was just a mess, wet, awful, crowded. but today at least for right now things are wide opened, no signs of the rush just yet but generally speaking when we have more sun out there the rush is at least normal. as we continue we are taking you down to 309 and pennsylvania turnpike. in delays on the a pennsylvania turnpike itself. speed sensors are still high up in the 50's at this time. fifty-five on i-95. same on the schuylkill and blue route. generally speaking we are green all over the place. unfortunately traveling on the new jersey turnpike southbound just beyond exit number two we are dealing with the accident situation at 322. in delays for mass transit. nicole. a toddler survives a frightening fall on to some train tracks if australia. take a look at this, the girls's grandfather got distract and that stroller starts rolling and it flips right on to the track. can you believe this. fortunately no trains were coming and several people hopped down to rescue that little will girl. thank goodness. >> wow. another close call in florida where this school bus filled with children burst into flames, on the side of the road. about 40 students were on their way to school outside orlando yesterday when that bus caught fire. as the flames shot out of the bus the driver quickly made sure all of the student were safe. >> honestly, i didn't do anything that any other, what i with hope teacher or bus driver wouldn't do, themselves, you know, we go to work every day and we're there to educate and protect, and that is what we do. >> good for her. that driver thinks a mechanical problem sparked that fire, and another bus eventually came and took the students to school. i was wondering wiring or something like that. coming up next on "e"eyewitness news" we're following breaking news involving a suspicious fire where we're just getting new video into our news room. justin? at least one arrest at city hall after protesters clashed last night at the tree lighting ceremony. the story live when we come back. justin, vittoria and katie return with your traffic and weather together on the three's. we will be back we have breaking news flames tearing through a police detective's home in montgomery county and "eyewitness news" learned that the fire is labeled as suspicious. again, this is brand new video from lower pottsgrove township. that fire broke out 2:30 on commons drive. there were no injuries. but we are hearing that this home is owned by a detective with the limerick police department. he was away on vacation at the time it was spark. now, fire marshall is on the scene there and once again the fire is being called suspicious. we will stay on top of it and bring you much more information as soon as we hear it. also developing right now construction supervisor is killed on the job, on westbound route 422. "eyewitness news" has confirmed that the rick tim is lee boyar. boyar was putting down cones on the road when he was struck and kill. no charges have been filed so far and the accident remains under investigation. in other news protesters make their voices heard during a tree lighting ceremony in city hall. >> the sound of the season were upstaged by chants for justice. "eyewitness news" reporter justin finch is live where the group wrapped up their evening of protests, justin? >> reporter: good morning, nicole, that is right last night a christmas celebration in ferguson demonstration came together side by side and the results to say the least were quite awkward. lets take you right to the video. we are looking in the courtyard area of city hall where that tree went up, packed crowd there watching that tree and at certain points at 8:00 o'clock protesters show up there to the tree there rallying, chanting, no justice, no peace. they are protesting grand jury decision from missouri, new york city in the case of mike brown and eric garner. in new york city yesterday afternoon a decision came down from the grand jury that no charges will be brought against the officers in that case. garner did die in police custody as did mike brown over in august in ferguson, missouri. last month no chargese