right now save 50% on the labor day limited edition bed, plus 24-month special financing. hurry ends monday! know better sleep with sleep number. >> fox 29 news in hd brought to you by xfinity the future of awesome. ♪ right now a major victory for a trance jent woman fighting for the right to change her live walking out of the bucks county courtroom in her 40s, forced to battle her parents to be able to transition. good evening and thanks for joining us. i'm iain page. >> i'm dawn timmy. lucy is off tonight. fox 29's chris o'connell was there fort controversial ruling and he's with us tonight with more on the emotional reaction. chris. >> reporter: christina kitzler would rather die on the operat operating table than continue living as a man. the 48-year-old will be getting her wish for a long awaited sex reassignment surgery but first, she had to fight her parents and go to court to make it happen. >> it was like split live i'm glad i don't have to have any more. >> reporter: christina kitzler has known she wanted to be woman since she was teenager. >> i never wanted to be man. look i wanted to be girl. >> reporter: after 16 months of therapy in preparation kitzler from south carolina came to bucks county to have the surgery that would change her life. it was supposed to happen yesterday but at the 11th hour, kitzler's parents drove from ohio to file an emergency injunction to stop that surgery. >> they wanted to make september that their son was making an informed and conscious and safe decision, and the proceeding today was necessary. >> reporter: her parents call the surgery barbaric and risky and after suffering from hiv, hepatitis c and depression, they say kitzler isn't mentally competent enough to make that decision. >> just because a parent doesn't agree with their child's choice doesn't mean that you can then use the legal mechanisms and legal avenue to declare that person incapacitated. >> reporter: after day long hearing, a common pleas court judge cleared the way for kitzler to have that gender reassignment surgery. as her parents scurried out of court without comment, kitzler and her doctor were actually trying to schedule the three three-hour surgery after leaving court. >> when will you have the injuring. >> today i hope. >> you're going to the hospital. >> i hope so. christine is hoping some day to reconnect with her parents who still receiver to her as their son. >> i have compassion for my parents and i feel bad if they're suffering like i hope that some day they can have some peace about this, and you know they can see that they got a loving daughter that really does care about them. >> reporter: kitzler's attorney tells us there's no operating room available late today. so her surgery is scheduled at a county hospital for tomorrow. >> on your radar more dangerous heat. here's a live look from wilmington after another day in the 90s, and scott no relief tomorrow. >> that's right, iain. it looks like our fifth heat wave will continue into your thursday. but take a look at the string of 90 or better degree days. sunday 91. monday 90. 95 yesterday. today's high 93 degrees. take look at the temperature right now. it's 80 degrees and look at those dew points in the upper 60s and the humidity 90% right now wrightstown. 91% in atlantic city. 90% in the pocono mountains. sun will rise tomorrow morning about 6:30. it's going to be steamy again areas of patchy fog, low clouds out there. so just be mindful of that. 76 in the city. low 70s in the suburbs. coming up we'll talk about the heat wave continuing a little bit of relief ahead. the holiday forecast and also when another heat wave could return later in that seven day forecast. back to you. >> all right, thank you scott. developing to night authorities in illinois are expanding their search for the men who they say murdered a police officer. investigators searching for any clues that will help them find the three men lieutenant charles gliniewitz told dispatchers he was chasing them on foot in the town of fox lake on tuesday morning when backup officers arrived, officers found he had been shot. he died short time later. the 30-year-old police veteran was a father of four. at this point investigators say they do not have many leads. meanwhile, police with lights and sirens leading a motorcycle ride through the city in honor of two fallen philadelphia police officers. both men killed in car crashes sergeant raphael ali died after crashing his dodge ram pickup into a tree on the 6,000 block of henry avenue late last month. officer lamar pool died sunday after his motorcycle was hit by a driver who took off and across the country police involved shootings have been making headlines. in those shootings the officers names have been released to the public. a new policy adopted by commissioner charles ramsay will release the name of an officer involved with deadly force win three days if it does not appear that officer is in danger but fox 29's joyce evans explains the big-time push back. >> it doesn't work that way here. it doesn't even work that way in say mayberry, north carolina. you can't do it this way. >> for them to have a target on their back and no protection from their public officials to make sure their names are not disclosed until they've actually been charged with wrongful action, i think that's where -- i think that's where the difference lies. >> reporter: announcement comes just days after a houston police officer is killed execution style while pumping gas. police believe he may have been targeted by the defendant because he was wearing his uniform. filling up his patrol car. >> they're assassinating officers. >> reporter: fop president john mcnesby and pa state representative martina white say they're trying to prevent similar acts of retaliation against police and their families. after a cop is involved in a deadly confrontation with a civilian. >> we're not asking for any kind of great anonymity. we're asking for -- we're asking for just a little bit of peace of mind. >> i have no plans on changing anything at this point in time. >> reporter: philadelphia police commissioner charles ramsay says, it goes against the very purpose of president obama's task force on 21st century policing which ramsay chairs. stemming from a string of controversial police shootings and deadly force cases involving african-americans. >> i just think it's the right thing to do. you can't shoot someone and then expect to remain non muss. is what it really boils down. >> reporter: state representative white will file her bill in harrisburg on frid friday. commissioner ramsay says he'll appeal to governor wolf to veto it if it passes. joyce evans, fox 29 news. a new jersey family of four is found dead inside their burning home ton night authorities think this may ab murder/sue assumed fire breaking out last night at the family's long branch home. firefighters arrived on the scene, they say they found the two adults and two children in the same upstairs bedroom. a person with monmouth county prosecutor pots office says some of the injuries to the children were unrelated to the fire. autopsy results could be available as early as tomorrow. a former north penn high school student is facing some serious charges tonight. police say the student who was 17 and a senior at the time used the website drop box.com to post sexually explicit images on the internet. those images were pictures of either current or former female students. the student who has since graduated will be charged as minor. he is being charged with transmission of sexually explicit images by a minor. tonight philadelphia police are looking for two men who tied up a woman during a home invasion in the juniata county. fox 29's shawnette wilson joins us live from the 24th police district. shawnette, the two suspects just knock on the door? >> reporter: yeah, that's right, ooh yann, and even more strange than that, they knocked on the front door and this home is actually on a very high high-traffic road. it caused quite a scare as you can imagine not only to the victims but neighbors, too. fear spread throughout this neighbor where police say two men forced their way no a juniata home here on the 4500 block of whitaker avenue. the victims tells plea the men were armed with a black handgun when they knock on the front door of the home then barged in. they bound a woman's hasn't with zip ties and locked two children in the basement while they demanded money from the woman. it happened just after 4:00 this afternoon frightening people who live nearby. >> this was so unheard of when i was growing up. a home invasion, tying people up and such. just getting worse and worse. you know what i mean. that's why people leave the steve philadelphia. it's horrible. >> reporter: neighbors who live on both sides of the victim's home did not want to talk on camera but tell me that police went door to door asking other neighbors if they saw any of the suspects got away with nothing. the victims were not hurt. >> shawnette, thank you. secretary of state john kerry was in philadelphia today urging the public to get behind the iran nuclear deal. but tonight it looks like kerry has all the support he needs. kerry taking to the podium at the national constitution center this morning. he reiterated why the agreement is good for america and its allies but just before he spoke, retiring senator from maryland barbara m mikulski announced she'd support the deal. her vote gives president obama enough support to prevent congress from over turning the president's likely veto against any measure that shoots down the deal. >> president obama and i are convinced beyond any reasonable doubt that the framework that we have put forward will get the job done. >> kerry's speech in philadelphia comes a mid a bitter partisan battle over the agreement in congress where no republican support it. the senate begins debate on the iran nuclear deal next week. we're less than a month away from the pope's visit to philadelphia. big news released today about how you can participate in some of the events during the world meeting of families and the pope's visit. you'll need a ticket for some of the events because of limited seating and the traffic box is not only thing you'll have to worry about while getting around during these events. the secret service has released a walking map and it's a map that will help you identify which streets are pedestrian friendly. head over to fox 29.com for the events that require a ticket, and the new walking map. while you're there take a look at the traffic box map for those of you who dare to drive. ♪ a police officer grabs a quick meal in the drive through but gets a bad feeling about her food. why the ceo of a major fast food chain is personally apologizing tonight. and -- a manhole explodes a worker still inside. he's okay tonight. the clue just before the blast that something was about to go very wrong. plus, accused drunk driver speeding, going so fast you can't see her car in this dash cam video. police say so drunk they had to call an ambulance. the shocking surprise officers found in her car. >> a woman riding the train with her two-year-old when a stranger tries to snatch the toddler right from her stroller. the one thing that stopped this attempted kidnapping. plus, feel like taking in a nice dinner outside? philadelphia says these are safe. you be the judge after you see what our cameras caught on vid video. ♪ plenty of action today in the skies over atlantic city even some on the water as well. coast guard stepped in to pull two different boats to safety after today's atlantic city air show. one of them was taking on water in the inlet. the other was disabled and drifting toward the brigantine jetty. both vessels are back at the marina tonight. the coast guard says everybody is okay. well they've been featured in super bowl commercials and plenty of other promotions but today they were front and center right here in philadelphia. you may have spotted budweiser iconic clydesdales parading up walnut street today. >> but some of the kick off to this weekend's made america in festival was done at the expense of rush hour drivers. fox 29's dave kinchen life in center city tonight. dave, as magnificent as these animals are, some people were not very happy to see them tod today. >> reporter: that's right iain as you know center city roads were a mess today. you had the secretary of state's motorcade, paving, construction, everything getting done ahead of the papal visit. so a traffic jam of horses was the last thing many thought they'd see. clip clopping down walnut street taking over center city during rush hour philadelphia police shut down streets for the classic clydesdales. >> i think they're cool, they're big. >> reporter: the crowds came out with their cell phones to capture an event they don't see every day. margo connor got up close even getting earful while posing for pictures with his family. >> i think we're engaged now. we got -- we got real close there. wow! got a little -- lot hotter than it is right now when he was chewing on my neck there. whoo! >> that was pretty weird. i heard -- i felt breathing on my head. >> they're majestic. beautiful. >> iconic horses are the ones you grew up watching in the ads in town to promote buzz wiser made in america concert this weekend. >> this is great. good crowd. we're delivering beer. bringing good times to the town. we're having a lot of fun tonight. >> budweiser made in america concert this weekend with beyonce'. it will be great. this is a thank you. >> he manages irish pub at 11th and walnut and he wouldn't have miff the fun for the world. >> to close down walnut street is a big deal. we haven't seen it down walnut street in the time i've been here in philadelphia. >> reporter: of course we had to get the last word to the big stars themselves. >> what is it like being in philly? any thoughts? you're happy, right? there you go. >> reporter: thanks to charlie the horse there, by the way this was all a part of the irish mile. the horses were marching from irish pub at 11th and walnut up to 20th and walnut getting the word out of course about the big concert this weekend. back to you, iain. >> dave, thank you. the papal weekend of course quickly approaching just 24 days and counting now. pope francis will be right here in philadelphia on saturday the 26th and sunday the 27th but one city official is not sure that many local businesses are ready. today city controller alan butkovitz became the latest critic of philadelphia's happened link of the holy father's visit the results of his economic impact survey suggest majority of businesses feel they have not been given enough details regarding the pope's visit. even more say the traffic box which has been renamed the francis festival grounds will create big challenges and keeping in those doors open despite the concerns butkovitz says there's time to correct these issues and he's optimistic about the potential for the papal weekend. mayor nutter's office is discrediting the results of that survey. it is back to class but not back to normal in one local school district. as of today, teachers and staff in the chester upland school district are working without pay until the state passes its budget. fox 29's jennifer joyce was there for what am to do memorable morning. >> reporter: buses rolled up, students walked in. >> good morning, good morning, good morning! happy new year! >> reporter: the 2015-2016 school year has begun at chester upland school district. thanks largely to the teachers who voted unanimously to be here despite not knowing when a paycheck will come. for that, the district and students are saying thank you. >> these teachers coming to school not even getting paid, but they're not even worry about that. they're worrying about gets getting education and going college and, you know, succeed in life. i'm really thankful for that. >> finally got somebody that cares about you enough to not get paid. >> reporter: chester upland school district is under state control and until a budget is passed in harrisburg, these teachers won't get paid and while they like everyone need money to pay their bills, they make it clear, that their job is about children, not about money. >> none us here to be pill millionaires. we're here because we have a purpose, a calling, if you will, and that hasn't changed and that probably never will change. >> i'm from chester. i was born and raised here. i understand the importance of education and for anything i'm going through i know kids in the community are going through it a thousand times worse. >> reporter: speakers today small welcome back assembly reflected on the district's financial hard ships and turned to their faith. >> all of the challenges and obstacles that we have been facing as school district i believe that god has it cover. so just keep the faith and keep on supporting. >> reporter: for people like sherri graves dedicated teacher of 40 years the decision to work without an immediate paycheck was easy yet emotional. she spoke to us with tears in her eyes. >> we have to make them feel important, successful and somebody really cares about them. >> reporter: teachers we talk to do care. >> we know we're making a difference. if you look at the numbers here at chester, the test scores are up, attendance is up, violence is down. we're making a difference and in the end, at the end of the day that's really all that matter glass in chester, jennifer joyce, fox 29 news. a car burst noose flames on the side of the interstate. a woman trapped inside screaming for help. why the hero waited to pull her out and safe her life. and a mom tries to pic pickp four-year-old after school but he's not there and no one knows where he is. >> just stop crying, stop crying. we found your child. i said you found my son? where is he? >> an hour later, where they finally tracked down the little boy. and flights for a buck? it's true. one major airlines new sale but of course there's a catch. ♪ now with tomorrow's traffic here's bob kelly. good evening, everybody. watch for work crews coming our way tomorrow i-95. if you're heading northbound after 9:00 o'clock between academy roading up into bucks county penndot will be repairing some of the concrete so expect delays northbound tomorrow during the midday and we're getting ready for the big concert this holiday weekend. portions of the art museum circle as well as the inner drives of the ben franklin parkway will go into shut down mode tomorrow morning. that's going to cause delays for anyone coming in both the kelly or minute tin luther king drives. what you need topping before you get on the go. we'll see you right and early tomorrow starting at 4:00. ♪ dash cam video captures police officers and drivers rushing to rescue a woman after she crashed along a highway in texas. police say she fell asleep while driving and hit a freeway sign support so drivers along the highway jumped into action. they didn't realize she was hurt because there was a language barrier. a man was able to translate her yelling, my feet are on fire, so they pulled her out. minutes after the woman was free the car burst into flames much she is expected to be okay. big day in court for the six baltimore police officers charged in the death of freddie gray. not only did a judge refuse to throw out the charges, today we also learned that each police officer will face a separate trial. the six are facing charges including second degree assault and second degree depraised heart murder in gray's death. baltimore was rocked with civil unrest back in april when gray died a week after suffering a critical spinal injury in police custody. his death sparked nationwide protests outside the courthouse today demonstrators gather the and once again called for justice. frightening moments for a mother on a metro train in washington, d.c. as another woman tried to snatch her baby. >> thanks to good samaritan an properly fastened stroller both mom and baby are okay tonight. witnesses told investigators the alleged child snatcher was acting suspicious, even before she made a move for the child. police say she tried to snatch the two-year-old right out of her stroller but couldn't separate her from the safety straps. so good samaritan jumped in and help the woman down until officers arrived but witnesses say when police to cuff her that go her even more rialed up. >> looked little out there. kind of like -- kind of like a zombie from the walking dead. she was trying to bite officers, and it was quite a site. >> something we take very serious much it's anomaly it doesn't happen. when you see issues like that custody battle between parents. this is unique. >> officers say the woman is not cooperating with their investigation much she's expected to be charged with itemed abduction. accused drunk driver speeding going so fast you can't even see her car in this dam cash video. police say so drunk they had had to call an ambulance. shocking surprise officers found in her car. scott? >> dawn the hazy, hot and humid weather pattern continues however a front well to the north could bring some brief relief. the timing neck. plus a local marine goes viral asking ufc fighter rhonda rousey to his ball. >> if do you, you will truly be paying my dream come true. >> get this. she just said yes. her one requirement before she shows up. do we have anymore chips? 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[both sigh] the pennsylvania lottery. bring your dreams to life. ♪ >> right now at 10:30, the heat wave that just keeps on giving. a live look tonight from reading after our fourth day in the 90s and it's only going to get worse before we eventually get a break. scott will let us know if this heat wave will end in time for the holiday weekend. that's ahead. two cars riddled with bullets the men behind the wheel murdered just hours apart and blocks away from each other. as police search for their killers the family of one of those victims is feeling the effects of gun violence once again. >> fox 29's dave schratwieser explains the erie coincidence. >> yeah there was a lot of shots, yes. >> reporter: josephine morgan lives right next door to murder victim edward taylor who was gunned down at close range as he sat in this black saab convertible at fifth and lloyd tuesday morning. >> i'm going to miss him. actually he was good neighbor. really nice. we got along very well. we look out for each other. >> he was a nice game that's all i can say. >> reporter: 54 year old taylor didn't stand a chance. more than 20 shots were pumped into his car. tragically his 27-year-old son edward taylor, jr., met a similar fate. he was gunned down as he sat in a car eighth and lincoln two years ago. prosecutors said it was contract hit with a $15,000 bounty. jameer desean edmunds got life in that murder. >> just keep him in prayer. keep him in prayer. >> reporter: taylor's murder was the second homicide in chester in 20 hours. wednesday morning at 1:00 a.m., a 39-year-old man was gunned down as he sat in his white buick at 11th and butler. again, gunfire riddle his car. this was the 16th murder in chester this year. >> you can't reall really live o much fear if you don't put yourselves in situations. once i'm in the house and my door is closed, that's where we are. >> the city need to do something about all this shooting much that's all i can say. >> reporter: police have not yet identified the second murder victim. they have no motive, no arrests non witnesses in this case. if you have any information you should contact chester police. in chester, dave schratwieser, fox 29 news. police in easton looking for a man they say knock out his friend and then stole his backpack. investigators say 34-year-old richard stone wall assaulted the man as the two were walking and left him lying in the street. about 24 hours earlier police say they found stonewall himself collapsed on the street high on a synthetic pot. officers cited him for public drunkenness. stonewall is facing charges for an april car crash in forks township that left an easton woman injured. a weekend pool party in california nearly turns tragic. thankfully a pair of airmen were able to rush to the rescue. six-year-old ben, says he took off his life forgetting he was in the deep end of the pool. after struggling to get to the edge the little boy went under. another child noticed something was wrong and called for help. and that's when staff sergeant sean richardson and edgar hooks sprang into action using their military training to save the lifeless little boy. richardson jumping in and pulling the unconscious child from the water. sergeant hooks started giving the boy cpr. >> jumped right in there feet first. went to the bottom and that's when he realized something was really wrong. >> wake up, wake up, ben, i was literally yelling because i needed him to open his eyes. i'm so glad that he did. >> just when they thought all hope was gone ben started to show science of life and he is doing just fine thankfully tonight. all right. let's check out what's on your radar tonight. here's meteorologist scott williams. >> iain and dawn, more of the same. yesterday's high item which are was 95. today 93. 7 degrees away from the record high back in 1953 of 100 degrees but 10 degrees above average for this time of year. so today's 93 meant 32 times temperatures in philadelphia so far this year have been at or above 90 degrees. still kind of steamy look at this 80 degrees right now. dew points in the upper 60s. so it's very muggy and humid when you're stepping outdoors. we have 78 still trenton. 77 right now wilmington. 77 in reading and mid 70s right now in millville. 76 in atlantic city. and look at the humidity. it's at 87% in millville. 91% humidity in atlantic city. 99% in the pocono mountains. so with that moisture around, low level clouds, more falling tomorrow morning keep in in mind in spots. hazy, hot and humid pattern will continue jet stream still well to the north. some cooler air locked up in canada. a peace of that cooler air will head in our direction with a back door front thursday night into friday dropping the temperatures and increasing our chances for a few scattered downpours. so tomorrow morning, patchy fog across the area temperatures warm back into the low 90s. by thursday afternoon. then thursday night into friday that back door front will head south through the area. increase in the clouds temperatures not as hot. we're looking at mid 80s philadelphia. upper 70s mid 70s toward the pocono mountains lehigh valley and you can see a couple of downpours will be dotting the map friday afternoon. that system gets out of here, though, in time for the upcoming holiday weekend. you can see tomorrow, 93 degrees, hazy, hot and humid again. afternoon thunderstorms, 86 degrees on friday with that back door front. a breath of fresh air saturday, low humidity. beautiful. 84 degrees. 88 warming up on sunday. labor day 90 degrees and then look at tuesday and wednesday temperatures in the low 90s. so here's the break down for your labor day weekend it stays warm in the city temperatures throughout the entire weekend mid to upper 80s. low to mid 80s down the shore. warm and breezy pocono mountains very names upper 70s to low 80s. i had the opportunity this afternoon to head to the 16th district of the philadelphia police department for a back to school event. thanks so much to the captain there for having me out. i spoke with karen james with the philadelphia school district. the kids were so excited to get school supplies, free school supplies. backpacks and also they had sneakers and you can see they were handing out food and just a great community event engaging the community with the police officers there. >> looks like a lot of fun. >> it really was. >> absolutely, all right, scott, thank you. police officer grabs a quick meal on the drive through but gets a bad feeling about her food. why the ceo of a major fast food chain is personally apologizing tonight. plus, historic drug bust this haul worth more than $2 million all synthetic pot. where police say it was about to hit streets. major airline offering flights for a buck. but of course there's a catch. ♪ not exactly what you expect to see on the bay bridge in california. yes, that is a chicken crossing the toll plaza in oakland. the surprise visitor had drivers slamming on their brakes, slowing down to avoid hitting it. many snapping pictures of the bird as well. no one knows how it got there in the first place but police were eventually able to catch the chicken and take it to a vet to be check out. in your money tonight if you want to trick a trip in the next few weeks frontier has deal for you announcing their fly for only a buck sail today. but of course after the fees you'll pay $15 each way and you're also going to pay extra for carry on bag, checked bag or seat assignment but the dollar tickets are available from philly and trenton and check out the website for all the details but be warned, they're site is getting slammed acting slow and you got to buy the tickets by midnight so hurry you got less than an hour and a half left. >> burger king call for fast food harmony will go on without mcdonald's. a week ago burger king tried to squash the beef with competitor by proposing a mcwhopper hybrid to mark international peace day. mcdonald's served up big fat no but other chains like denny's were hungry get involved. take look. burger king posting this on its facebook page today. it's joining forces with at least four other restaurants including denny's to come up way beast of a burger all in the name of peace. florida police officer hit the drive through major past food chain and gets bad feeling. >> tonight ce only of ashby's is personally apologizing. sergeant jennifer martin said says she hasn't ad hasn'ted her credit car to the clerk at the window but a manager stepped in and said the clerk did not want to serve her. why? march tip says because she was in her uniform. martin paid but then question the the safety of her food. she filed report and then her chief sent out a press release demanding an apology. ashby's higher ups called win two hours. >> all the restaurants that accept us, receive us with war warmth and we'd rather do our business elsewhere. >> ashby's released a statement saying, we take this isolated matter very seriously and support police officers in our local communities much the police chief says he appreciated the apology and considers the matter closed. no word on whether that 19 year old employee kept his job. cueed drunk driver speeding going so fast you can't see her car in this dam dash cal video. police say so drunk they had to call an answer much the shocking surprise officers found in her car. >> feel like take in a nice dinner outside? philadelphia says these pop-up patios are safe. you be the judge after you see what our cameras caught. ♪ i am never getting married. never. psssssh. guaranteed. you picked a beautiful ring. thank you. we're never having kids. mmm-mmm. breathe. i love it here. we are never moving to the suburbs. we are never getting one of those (minivan). we are never having another kid. i'm pregnant. i am never letting go. for all the nevers in life, state farm is there. i was going to the library to do my homework. it was a little bit of a walk to get to the bus stop. i had to wait in line to use the computer. took a lot of juggling to keep it all together. what's possible when you have high-speed internet at home? the library never closes. it makes it so much better to do homework when you're at home. internet essentials from comcast. helping to bridge the digital divide. >> check out this high speed chase through one detroit neighborhood much the driver a mom later found to have a blood alcohol level at nearly three times the legal limit. police say she was driving so fast you can't scene see her car in this dash cam video when they caught up with her they found both of her kids toddler in the back seat much also in the car her brother had was so drunk they had to call an ambulance for him. brand new video tonight that catches an explosion at a california construction site. workers were activating the steam system for the santa clara valley medical center when you hear a series of pops and the pipe explodes shoot off hot steam. the worker was able to walk away unharmed from the explosion. this individual crow was taken last year but santa clara county just released it. it shows the shortcomings of a contractor that defaulted on $300 million contract. elderly woman tied up and beaten during a home invasion in bridgeton, new jersey, turns out this was not the first time there was an attempted break in at this same home. police say someone tried to break into a home on the 200 block of giles street on august 26th but they failed when the home own are in woke up. police say two nights later, another attempt. this time successful. three men were able to get inside the home through back within dome once they got in, the men gag the 83-year-old woman with her own nightgown and began punching her in the head and face. some people in the neighborhood think this may be gang related. >> targeting people that can't protect themselves, even if they don't get nothing from them. >> three suspects were able to get away $300 much the elderly woman was taken to the hospital with her injuries. she is expected to be okay. the men did not touch her husband who never woke up because he is very sick. getting around center city philadelphia certainly has its challenges. but in some spots it may be getting down right dangerous. that's because nearly a dozen temporary pop-up patios are being seen all around the city and putting diners awfully close to drivers. fox 29's brad sattin check out what you face when you dine outside. >> reporter: across philadelphia from university city to fishtown you'll find 11 of these temporary patios in what otherwise be street parking promoted by the city as public spaces for all to enjoy and they do but -- >> are they safe? >> i think so. i think especially like in the middle they're kind of blocked and they're somebody usually there and people aren't moving that fast on frankford avenue. >> reporter: but everything that the frankford avenue space is protected between vehicles on the less couldn't jeffed neighbor tenth street in the heart of chinatown is not. speeding vehicles, heavy pedestrian traffic, we saw several near misses with cars. oh, did we mention a busy fire station that sits cattycorner from this approximately 5-foot by 10-foot parklet that has fire engines whizzing by just across the street you can see what's left of one pole that was taken out by some vehicle and the orange marker beside the structure look pretty dinged up itself. in five minutes in fact we saw 50 vehicle pass by it, big and snall, some stuck in traffic, others just going way too fast and orange cones and double parking adding to the confusion of this very busy thorofare. would you really eat your lunch a few feet away? this family sat down here immediately thought better of it so we approached them. >> i think it's unsafe. >> going to get a cup of coffee. what if the car isn't able to stop and they run over you? >> reporter: you wanted to move? >> yes. >> reporter: no argument from others walking by. >> it's neat. i like the concept of it, but i think i'd feel service with cars flying past me. >> reporter: the parklet was funned by the mayor' office transportation and utilities which tells us just like in other cities they started popping up five years ago and host neighborhoods from apply for one have strict rules follow including carrying insurance and ensuring the outside railing is a foot and a half from the travel lane. the city checks the site for safety. across the street at the fire department they are one employee telling me, it's only a matter of time before someone gets hurt. the city says this particular parklet has been here for three years. for now there are no plans to move it. in chinatown, brad sattin, fox 29 news. two men are facing distribution charges stepping from washington, d.c.'s biggest synthetic drug bust ever. police say they intercepted more than 250 pounds of bizarre row a shipment worth about $2.3 million on the street. authorities say more arrests could be coming. maryland mom is afraid to send her four-year-old back to school. gentleman's mia smith says a bus is supposed to take little michael to after school care but when she tried to pick him up yesterday they told her he was never dropped off. frantic she drove to the school but no one knew where the four-year-old was. an hour later teacher ran out. michael had been found and was safe. >> nobody called me. nobody called their dad. nobody called my mother. everybody that was on the emergency contact list was that even used? >> tense turn out teacher's aid put him on the wrong bus and he was dropped off with other kids at an apartment complex. spokesperson for the incident says they are very sorry. a happy ending for a deserving marine who crush is ufc fighter rhonda rousey. >> he had a huge favor to ask for her and he put his proposal of course on youtube. >> you are my celeb will the before the crush. i love everything you do and i think you're a phenomenal person which is why it would be high mon nor to take you to the marie core ball on december 11th. i really hope this doesn't get in the wave your training for your next fight in january. but i hospital you take this into consideration because if do you, you will truly be making my dream come true. i really hope that you get this and that you take consideration into it. thank you very much. >> guess what? rhonda rousey told tmz she'd love to go to the ball but there's catch. she wants him to find dates for her friends and she says he better ab gentleman. (laughter). >> i don't think that will be problem. >> that was nice. >> exactly. all right. here's sean. >> i'm not at you player. shoot your shot. you can make it unless you shoot. >> unless you take the shot. >> love it. to the eagles, kenya barner having a killer preseason but he's not on the team yet. he's got one more game to prove his worth. figure phil lease taking on the mets a routine pop up turns into a long day for the phils and a banked up dominic brown. check out what happened next in sports. >> but first here's a look at your winning lottery numbers. ♪ ♪ the phillies aaron nola on the mound taking on the dark knight matt harvey the team's best two starters this should be a pitching dual but every time these two clubs meet up, there's been lots of run. another high scoring game tonight. second inning tejada looked to be a pop fly. dominic brown tries to get over to make the catch but he crashes into the stands. tejada the fastest man on the mets puts on the burners goes all the way home inside the park homer. brown slow to get up. he would leave the game two innings later with concussion like symptoms. nola lasted four innings and gave up six. to the seventh darnell sweeney making every chance count. solo homer here. bring the phils win three. his third homer in 10 games in the big but ended any type of hope. solo homer of his own in the eight nets within nine-four. nationals trying to keep pace with the mets. ryan zimmerman doing all he can do. hits a solo shot in the sixth his second homer in the game. 200th of his whole whole career. the nats are currently up three-two in the seventh. the final preseason game for the eagles tomorrow most of the starters will not play. no need to get anyone hurt at this point. you've seen what you need to seem whose going to make that final 53? the final roster cuts will happen by 4:00 p.m. on saturday. few people still trying to solidify their spot. kenya barner three touchdowns, two of them punt returns but the darrin sproles is your punt returner. you need make room for barner because another team will definitely scoop this guy up i'm convinced he'd made the team but he isn't. >> there's another game. never do enough. there's always more that you can do. always more that you can correct. always more that you can -- >> you love to see players show passion and it's even funnier while doing it. u.s. open, kiki, doing damage. cocoa vander way in the third round and long play right here. she hits a shot that's a little bit unforced error and doesn't like it smashes her racket right l she's angry. she notices the crowd notices it and then one more violent bang. love it. love the passion. >> tune in just for that. now people will remember her name. >> she's got some power. we got tmz coming up with also -- >> powerball lottery drawing coming your way neck. thanks for watching. good luck.

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