the latest on the pennsylvania state trooper accidentally shot. >> also, ebola in the u.s. where a patient may have contracted that often deadly virus and what's being done tonight. >> a two-year-old critically skippy!! yippee!! fun fun fun! shiny! you never listen! what? is someone talking? ♪ skippy!! ♪ yippee!! i'm bored. hashtag bored. skippy!! yippee!! look a ride!

(vo) made with the funnest peanuts ever! skippy. yippee!! ♪ >> ♪ >> breaking news at 10 o'clock tonight. an emotional scene at temple university hospital. the body of a pennsylvania state trooper is being escorted out who died following al shooting at a gun range in montgomery county today. good evening, i'm kharisma. >> i'm jessica dean. this story is still breaking right now. just moments ago trooper david kedra's body was taken out of temple hospital. he died during a training exercise this afternoon at the public safety training campus. state police issued a statement on trooper kedra's death. frank noonan said the trooper

died serving the people of the commonwealth of pennsylvania. in the meantime, we are awaiting a press conference on the trooper's death and we will of course bring you the latest as we get it. >> another big story developing right now. we're learning new details in the first case of ebola diagnosed on american shores. >> correspondent omar villafranca tells us where that patient is being treated tonight. >> reporter: texas health presbyterian hospital in dallas is treating the first ebola diagnosed in the u.s. the cdc is reassuring the public. >> i have no doubt that we will control this case of ebola so that it does not spread widely in this country. >> reporter: the patient's identity is being withheld for privacy reasons. doctors say the man flew to the united states from liberia where the outbreak has

escalated but he had no symptoms at the time. >> at this point there is zero risk of transmission on the flight. >> reporter: the health department is now working to identify anyone who might have been in contact with the infected patient. >> once those contacts are all identified, they're all monitored for 21 days after exposure to see if they develop fever. >> reporter: the patient actually came to texas health late last week but was sent home with nonspecific symptoms. the patient returned by ambulance on sunday. texas health says its staff is thoroughly trained in infection control procedures. >> so, we're perfectly capable of taking care of this patient with no risk to other people. >> reporter: ebola is only spread through close contact with infected bodily fluids. doctors also remind the public that medical resources here in the states are far superior to those in africa. in dallas, omar villafranca for "eyewitness news" on the cw philly. >> well, a two-year-old boy is

fighting for his life tonight after police say he shot himself in the head with a gun that he found inside his home. "eyewitness news" reporter todd quinones is live in claymont delaware. todd you spoke with that little boy's family tonight. >> reporter: indeed, chris and that family identifies the two-year-old boy as aj graves. as you mentioned he's listed in critical condition but his family tells me he is showing signs of improving. the two-year-old boy apparently was playing with a gun inside his home when it accidentally went off shooting him in the head. tuesday night the boy's older brother spoke briefly to reporters. >> he's doing better. he's in icu right now. he getting better right now. >> reporter: when police and emergency personnel arrived on the scene, they began life performing measures. >> the two-year-old and his mom were the only ones inside the residence at the time of the shooting and he's been transport to do ai dupont by helicopter. >> reporter: the boy was shot in the head just after

10:00 a.m. at the valley run apartments in claymont, delaware. police collected evidence from the victim's home. the shooting has stunned neighbors. >> the baby, he was cute, sweet as he can be. he used to play out there with his dad. >> reporter: next door neighbor bill jennings allowed police to conduct part of their investigation into his apartment. jennings says he used to own a gun when his kids were young but realized the danger. >> because so many kids find their parents' guns and accidents happen. that's the reason why i got rid of my gun. >> reporter: right now it's still not clear exactly how that little two-year-old boy got his hands on that gun and where in fact was that gun being stored in the home here. tonight we have learned that this case has been referred to the delaware attorney general's office to determine if any charges should be filed. reporting live tonight in claymont, delaware, todd quinones, for "eyewitness news" at 10:00 on the cw philly todd thank you. investigators searching for accused cop killer eric frein found two pipe bombs in

the woods capable of causing significant damage. officers continue to search for frein in the poconos. he's wanted in the shooting of two pennsylvania state troopers on september 12th, 1 of whom died. >> the pipe bombs had the ability to be detonated by either the use of trip wires or lighted fuse. these devices are consistent with frein's nonconfrontational and gutless efforts to kill or jr. injure law enforcement from a distance. >> police also say there has been at least one credible sighting of frein in the past 24 hours from about 100 yards away through thick woods. >> the comedian tracy morgan is firing back after wal-mart partially blamed him for the injuries he suffered in that crash on the jersey turnpike, all because he wasn't wearing a seat belt. in a statement released today, morgan says i can't believe wal-mart is blaming me for an accident they caused. my friends and i were doing nothing wrong. he adds, i'm fighting hard

every day to get back. of course back in june, a wal-mart truck slammed into a van carrying morgan on his way home from a show in delaware. wal-mart made the seat belt claim in response to a lawsuit filed by morgan over the crash that killed one of his friends. police say that that wal-mart truck driver had not slept for more than 24 hours before that crash. >> an indictment today for the man accused of jumping over a fence and running into the white house. omar gonzalez is charged with entering a restricted building and carrying a dangerous weapon. prosecutors say he had a knife with him when he stormed past the secret service and into the east room. those charges are announced as lawmakers on capitol hill grilled the secret service director about that security breach. >> it's clear that our security plan was not properly executed. this is unacceptable and i take full responsibility and i will make sure that it does not happen again. >> i wish to god you -- you protected the white house like you are protecting your reputation here today.

>> lawmakers also recently discovered secret service took several days to realize someone shot at the white house residence in 2011 hitting the building at least seven times. >> in weather tonight we're looking at temperatures that are falling pretty fast in some spots like the poconos down to 59, in philadelphia still mild at 65 with some clouds, millville 63 and atlantic city 60 degrees. we are looking at some showers moving our way an few thunderstorms in a line from harrisburg heading down towards baltimore and washington this is expected to diminish as it moves towards the east but we will see a few showers during the overnight period. association here's a look at what you can expect. cool night with scattered showers arc light easterly wind. that will help to create areas of fog during the overnight and into the early morning hours of wednesday, as october begins. we'll have falling temperatures coming up in our seven-day forecast, more showers to talk about and a chill like we have not seen

yet, an october chill is coming our way am we want to remind you that we're starting something new at cbs3 and the cw philly. if you love watching the weather and you would like to join our team, we want you. become an eyewitness weather watcher. sign up now at cbsphilly.com/watchers. >> kathy, thank you. new at 10 o'clock tonight a man is hit and killed by a septa regional rail train. chopper three over that scene near weymouth street. police believe the unidentified victim stepped in front of a train and was hit before 7 o'clock tonight. >> philadelphia police searching for a suspect who attacked a woman along a popular trail near the wissahickon creek. the attempted rape happened in broad daylight under the mccallum street on friday. police say the attacker walked past the victim with a friendly greeting and then suddenly turned and threw her to the ground. she fought the man off and called 911. she told her story to "eyewitness news" reporter

walt hunter. >> it's very sad, very shocking. i'm alarmed. it's terrible, just horrible to think that you can't even come out and have an enjoyable evening, relax without someone attacking you. >> reporter: police describe the attacker as a black male, 6 feet tall, 25 to 30 years old wearing a red polo style shirt and tan pants. >> we're learning more tonight about a shooting that involved an off duty police officer in edgewater park burlington county. investigators say the delanco officer basil warren shot a man who tried to steal his truck at his home on stevenson avenue this morning. that man has been identified as tyshaun fitzpatrick. investigators say he tried to run over warren. there's still no word on fitzpatrick's condition. philadelphia's two dollars a pack cigarette tax takes effect at midnight. governor corbett signed that measure into law.

proceeds will be used to fund the strapped philadelphia school district. >> voters said yes to repairs including a new roof at delsea regional high school. students and staff say every time it rains the water just pours in. these are some photos that show the magnitude of that problem. under a referendum approved tonight, about $20 million will be spent on the high school and the middle school. that means new roofs and improvements to the heating and air conditioning. the state will kick in about $10 million worth of funding. starting at midnight the warning period will end and red light violators in abington township montgomery county will get tickets. the fine for running the red light is $100. those cameras are located at three intersections, old york and susquehanna roads, old york and old welsh roads and fitzwatertown and moreland roads. >> the nfl tonight is dealing with a celebration controversy. >> coming up next, the league's reversal on a player penalized after he said he was praying after a touchdown.

and a crowd cheers as a man is wheeled out of a new york city office building on a stretcher. we'll tell you why they were cheering. >> and a look at the largest passenger plane in the world. we'll tell you where it's headed tonight when w

york city tonight. this is a theft suspect on this stretcher. he was carted out of an office

building after reportedly holding police at basement investigators say that the man had robbed a swedish tourist and then ran down the street and hid all day in a nearby building. >> he had my watch and my phone and wallet as well. >> paramedics say that the suspect was drunk. police initially evacuated that building and then swept through it with dogs but it came up empty so they let everyone back in. the man was later found on the fifth floor of the office building in a bathroom by workers. >> the nfl says a penalty tore excessive celebration in last night's game between the patriots and the chiefs should have never happened. >> the chiefs safety husain abdullah turned a tom brady interception into a touchdown and celebrated by sliding into a simulated muslim prayer. abdullah was flagged for excessive celebration because of the slide. the nfl rules prohibit any celebration that is take place on the ground.

but many players including former quarterback tim tebow as you remember have taken a knee in prayer after a score. >> prayer is no different than a guy taking a knee during a sign of a cross, kissing his hand looking up to god. >> if everyone else wasn't penalized for doing it the way they do he shouldn't be. >> the nfl clarified the rule. abdullah should not have been penalized. officiating mechanic is not to flag player who goes to the ground for religious reasons. >> a scientific discovery could help doctors find a cure for liver cancer. croatian researchers found the gene that causes the deadly disease and they've used their knowledge to save the life of a young australian man. that same gene also causes a syndrome of accelerated aging. >> we want to you have breakfast with the candidates in the morning. the pennsylvania's governor's race is taking center stage here at cbs3 and the cw philly studios tomorrow at 8:00 a.m.

the republican incumbent texas tom corbett on tom wolf will discuss issues. seven polls show wolf leading corbett by an average of 16 points. you can watch the debate live at 8:00 a.m. here on the cw philly,. you can listen to it on our sister station kyw news radio 1060 and if you have a computer in front of you we'll stream it on cbsphilly.com. also, there's still time, if you have questions for the candidates, tweet them our way. just use the hashtag cbsphilly debate. >> a deer gets tangled up in a backyard hammock in northeastern wisconsin. take a look. you can see the eight-point buck dancing around the tree trying to get itself out. the homeowner says that deer probably wandered onto his property to eat acorns. that homeowner called the sheriff's department and a deputy used a knife to cut the netting and let that deer

through. a crash caught on camera. land speed record holder george petite was going 370 miles an hour me flipped his car. the speed demon was doing a test run earlier this month but he just walked away without any injuries. and here is a look at the world's largest passenger plane. the qantas 8380 launched into service today at dallas fort worth international airport. it's scheduled to take off for sidney. flights between dfw and sidney will be offered six times a week. >> in weather tonight we are looking at some patchy fog developing. still some people on the boards in ocean city even though everyone is closed for business. a mild night but we are going to be on our way down in temperature and pretty quickly. today's high temperature made it to 79 degrees. the average high 72. temperatures will be on their way down for the most part and

really bottom out over the weekend as temperatures fall into the 60's. really feeling like the season. on storm scan3 we have a few spotty showers out there but a line of some showers and even a few thunderstorms through harrisburg, heading toward baltimore and washington. this is going to weaken as it moves eastward but we could see a spotty shower passing through during the overnight hours. right now basically in the 60's. 67 in reading and lancaster, 59 in the poconos, 63 in millville. to the west we are looking at very chilly temperatures. in canada we have some 30's, international falls some 40's. minneapolis in the 50's and a piece of this colder air is going to be pushing down toward us right in time for the weekend. so, enjoy the next couple of days while we still have the 70's. we will watch a cold front move through the region tomorrow, possibly bringing a few additional showers into the region and some clouds. temperatures in the 70's. not quite as warm as it was today. thursday a little bit of a break in the action with temperatures in the 70's and sunshine. and then waiting for this next

front to move through. this is the one that is going to change everything quickly. the front moves through friday night with rain. so, friday is rain free. and that rain could linger into saturday morning. the big changes come on sunday. so, overnight a passing shower, fog will develop late, the low temperature 60. we'll wake up to temperatures mainly in the 50's with the exception of philadelphia, dover and even atlantic city, little bit milder and during wednesday afternoon, some clouds and sun, more clouds than anything else, the chance of a shower, the high temperature 74 degrees. on the exclusive eyewitness weather seven-day forecast, 70's for the most part. looking good for the holiday. friday evening. saturday some rain, though, early and then it turns much cooler. high temperatures only in the mid 60's for sunday. good for the eagles. feeling like football weather. grab the blanket or the sweatshirt. monday 71 with some rain. tuesday the high only 65 degrees. wow. be sure to wake up with "eyewitness news" in the morning. katie will track the weather and any changes. the team starts on our sister

station cbs3 at 4:30 and then continues right here on the cw starting at 5:00. of course katie will have all those great pictures and let you know where the fog is come tomorrow morning. >> important to know. >> uh-huh. >> kathy thanks. >> a big sigh of relief from flyers nation tonight. >> yes, the captain is back. claude giroux making his preseason debut tonight. and the eagles welcome a key player back

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>> eagles back at practice today getting ready for this sunday's home game against the rams. finally some good news for the birds. makeshift offensive line tackle lane johnson joined the team at practice after serving a four game suspension for a ted violation. the question is how quickly can he make an impact? he thinks he can right away. >> i hope so. got it going pretty good last year. moving the ball pretty well. trying to get shady back in the game, get the yards back up. >> and of course thursday night means prime time football on cbs3. now, this week we have an nfc north matchup with the vikings taking on the packers. pregame coverage starts at 7 o'clock over on our sister station cbs3. well, despite a second straight losing season, the phillies have asked all their coaching staff to return next

season. they finished with a record of 73 and 89 and in last place in the national league east. the final home game for the flyers in preseason action taking on the rangers. captain claude giroux back for the first time this preseason. first period flyers down by one. not anymore. sean couture ties it up. to the second period a good one for the flyers, wayne simmonds tipping this one in. that will make it three to one. they'll open the season next wednesday against the bruins. so what should be our game of the week for the friday football frenzy? bristol at jenkintown, maple shade at gateway. log into our audio road show. >> great games but there can

>> coming up at 11:00 we're continuing to follow breaking news tonight. a pennsylvania state trooper who was snot a gun range accident has died. "eyewitness news" reporter diana rocco will be live with the latest. >> and it was a massive scam with local advertisement millions taken from victims including this woman. but when she smelled a rat, she fought back. three on your side's jim donovan has her story tonight on "eyewitness news" at 11:00 over on cbs3. >> hm. all right and one last look at the weather before we go. >> okay. we're going a little downhill now but still comfortable. wednesday we'll see a chance of a shower. we have mostly cloudy skies during the day, the high 74. but no real big issues weather-wise. thursday pleasant with partly sunny skies. friday we'll go 75 with a mix of sun and clouds. the rain comes friday night into saturday morning. that's our cold front and we'll cool it down after that. the real chill comes sunday,

cooling down monday and even tuesday with highs in the 60's. >> whoa. >> we're not supposed to get that cool that fast. it's going to happen. good football weather for the birds on sunday. >> kathy thanks so much. thank you for watching "eyewitness news" on the cw philly. >> for kathy, lesley and all of us here, i'm chris may. >> i'm jessica dean. have a great night. we will see you at 11:00 on cbs3. >> ♪