state universities in pennsylvania, next. action news. delaware valley's leading news program. with jim gardner. it is tuesday night. big story on action news tonight is breaking news from philadelphia's poshest neighborhood. a man was shot five times and it happened an hour and a half ago in the middle of rittenhouse

square. live at the scene is action news reporter dann cuellar. tell us what happened, dan. >> reporter: well, jim, police remain on the scene here in the park at rittenhouse square gathering evidence. they have dispatched a couple of k-9s to assist in this highly unusual crime here in the park. what we know is this, police say at 9:30 two men armed with handguns were attempting to rob a group of four or five people in the park. that's when a 39-year-old man riding his bike noticed who was going on, got off his bike and tried to stop the robbery. the gunman turned around and shot him multiple times. people in the park tell me at first they thought the shots were fireworks. then realized they were gunshots and ran for cover. >> we were sitting in parking. bang, bang, bang. >> people were screaming gunshots. we got up from our table and jumped behind the wall. >> people were running out of the of the park. it was chaos. people just running like crazy

away from what are it was. >> reporter. >> reporter: police say the gunmen fled. police scattered for safety. they carried the 39-year-old into a police van and rushed him to the hospital. here's more. >> so this 39-year-old victim who intervened was very courageous, very brave. but he ended up getting shot. but fortunately, and very, very lucky for him and us, it appears he's going to survive the multiple gunshots wounds to the chest, the torso and the shoulder. >> reporter: as a matter of fact the good samaritan has now been upgraded to critical but stable condition. that is a bit of good news. police tell me there are at least six surveillance cameras in the park and they believe that all or part of the incident was captured on tape. they're reviewing the tape to see what they have on it. that is the have been latest, jim. highly unusual crime here at the park at rittenhouse square.

back to you. >> thank you, dan. police came rushing to a high rise apartment in the winfield heights section of philadelphia tonight. a 4-year-old boy was missing. what they found went beyond their worst fierce. the boy plunged from a sent floor balcony. christie ileto is live at the apartment tonight. christie, you have the full story. >> reporter: that's right, jim. the apartment security guard tells us that the boy's mother came to him panicked, initially thinking her son had gone missing. minutes later they made the gruesome discovery where the police car is seven stories below the apartment uniter. >> she was like, my baby. >> reporter: this man says he's the apartment security guard. he was with the 4-year-old's mother when they found his lifeless body in the parking lot. >> the mother came and said she can't find her child. we did the whole perimeter,

weren't around the whole perimeter and found him there at the end of the parking lot. face down. >> same address, saying the baby fell from a balcony. >> reporter: a flood of calls for help came after 6:30. police tried to revive the young child before medics arrived and scooped him to children's hospital where he was official pronounced dead. >> appears the child climbed on top of the heater and you can teal the screen is damaged. he falls on to the balcony. >> reporter: but it's not clear how he got over the balcony railing, too high to climb without help and too narrow to fit through. >> nothing he could have stood on. there's a tricycle up there, but i don't think because it was a three-wheeler he was able to stand on that and come over. >> it was shocking. i didn't expect this to happen here. >> reporter: but for the security guard the tragic discovery is forever sered in his memory. >> i just feel so bad for the parents. like knowing your child's missing.

then that's how you find him. you know, just laying on his face is terrible. >> reporter: now, police are still on scene, again, trying to piece together how exactly all of this happened. police also say the family is from saudi arabia. the mother had just had a baby days earlier. this is tragic for the family, especially for the parents who were apparently in this that apartment at the time of this incident. reporting live in winfield heights, christie ileto. action news. jim. >> thank you, christie. we have labor news tonight. short of something totally unexpected it appears that the faculty at pennsylvania's 14 state universities are set to strike in the morning. live at west chester university tonight is action news reporter jeanette reyes. it seems like a strike is now unavoidable. >> reporter: it certainly is. in just a matter of hours the state system will see the first strike it's ever had in its history.

this will impact more than 100,000 students, and many of them telling me they have questions about graduating on time, their grades, and even financial aid. earlier this afternoon more than two dozen faculty members trickled into a the main hall for talks about the impending strike tomorrow morning that includes over 5,000 union faculty at 14 universities and colleges across the state. on the outside students were nervous, confused, and mostly out of the loop because of a news blackout. >> from what i've heard it's all all students shouldn't go to class. >> they said we are chosed to show up. >> we don't know. that's frustrating. >> reporter: for the past year the state system and the faculty union have been at odds over health care coverage and work rules. a last ditch deal is unlikely, meaning they could bring the semester to a halt at 14

universities. engine a big deal. >> reporter:en for anxious students, questions about financial aid, sports, and an on time graduation remain unanswered and rumors abound. >> i'm a graduate student. second year. i would like to graduate in may. >> there is, of course, rumors saying the semester would get canceled, saturday classes. cut into the winter break. >> reporter: despite the inconvenience, the students say they fully support their professors. >> they do a lot for us. it's cool we show them support in something they're fighting for. >> we're encouraging students not to go to class because showing up to class supports a system that clearly doesn't support us. >> reporter: and, jim, the immediate impact of this would be, of course, canceled classes tomorrow. and what comes with that. but the long-term effects, it could be a crippling blow to enrollment. and that's already declining system-wide. reporting live, jeanette reyes. back inside to you. >> thank you. a police standoff ended

peacefully tonight in philadelphia. police and s.w.a.t. officers swarmed the 200 block of morris street. called to the home just after 6:00 to investigate the report of an armed man barricaded inside. he surrendered an hour later and is undergoing a psychological evaluation. donald trump continued to make preemptive warning about voter fraud that, quote, they even tried to rig the election at the polling booth where so many cities are corrupt. trump has singled out philadelphia and chicago over the past couple of days. at the white house today president obama said trump's warnings about voter fraud are unheard of in modern politics and that trump should stop whining. those are obama's words. hillary clinton arrived in las vegas in advance of the debate tomorrow night. expectations are that trump will come out firing especially about

the emails and the latest claims of quid pro quo. monica malpass is there tonight. >> good evening, gym. hours away from the bout of clinton versus trump. who will look for presidential? who will stay on message? and as you said, who might get ruffled by their opponent? with just three weeks to go until election day, between the candidates and the people inside staging the debate, the stakes couldn't be hire. the thomas and mack center is set. the final security sweep completed. political advance teams gave their okay. and hundreds of journalists from around the globe are here for the spectacle. inside the debate hall lighting and sound crews completed last minute checks using stand in candidates and a moderator. no detail is too small. >> it's really making sure that cameras and sound and lighting, all the security issues, are ready. i mean, those are the things that we put a lot of attention

into. >> reporter: tonight in downtown las vegas we caught up with voters who have strong opinions about the final debate. >> the debate will not actually be a debate. i think donald trump is going to get less of a fair shake than hillary will. i think the media is biased towards hillary. and i don't think it's -- they'll actually answer any questions whatsoever. >> i think it's preposterous the angle that donald trump takes. i don't think he has experience in anything. and i think he's a showman without a show. >> i'm kind of expecting donald trump to come out as a clown. i do hope, though, that it becomes a typical presidential debate in terms of the discourse and they actually talk about the issues. >> reporter: in fact the experts we talked to said if they were advising the candidates, it's less about defending the scandals, more about giving real answers to some of the problems in america as they try to get the few

undecided votes to go their way. entire demographics like millennials and even white college educated women of the suburbs don't come out to vote, the undecided could be crucial. we will be back with the excitement at the debate. >> thank you, monica. bill clinton campaigned in the delaware valley today. he made a surprise stop tonight at the clinton campaign office in armore to thank volunteers. earlier this afternoon he rallied supporters at montgomery county community college in blue bell. please join action news tomorrow night for local analysis of the debate. matt o'donnell hosted a special debate edition of inside story right after action news at 11:00. and we're hosting the final live debate for the pennsylvania senate race. and you can send your questions for pat toomey and katie mcginty. use the hashtag 6abc action, or

send an email to join the action at of abc.com. live from temple university on monday night starting at 7:00. get away from this picture. still to come, camden police have the man wanted for vandalizing a youth football field and he is now behind bars for another crime. and the eagles organization gets its ohm on for a good cause and you yoga lovers will know what that means. melissa. >> and, jim, temperatures well above arch with record warmth. but numbers out of canada tell a different story. temperatures tumbles over the weekend. >> those stories and much more when action news continues. nearly three thousand miles - that's how far away

republican party bosses looked to find brian fitzpatrick. they "hand-picked" him to run for his brother's seat. but all mike and brian fitzpatrick share is a name. brian fitzpatrick supports a radical republican agenda, including defunding planned parenthood, just like donald trump. a hundred and sixty miles down the road in dc, brian fitzpatrick will put his party first, not pennsylvania families. house majority pac is responsible for the content of this advertising.

vo: donald trump and pat toomey anhave plenty in common --. they're both putting pennsylvania women at risk. even after trump bragged about sexually assaulting women, toomey stood by him. on women's health - both trump and toomey would defund planned parenthood. on abortion: trump: "there has to be some form of punishment" toomey: "i would suggest that we have penalties for doctors who perform them." pat toomey and donald trump: too dangerous for pennsylvania women. a murder investigation is under way tonight in atlantic city. police say that a man was shot and killed at 9:30 in an apartment building courtyard near baltic and south carolina

avenues. so far there have been no arrests. and police in atlantic city are trying to figure out what struck a jitny, injuring a person. some sort of a projectile hit the bus on mel rose near massachusetts avenue. it was 5:15. the object shattered a window. one passenger was cut by the glass. the suspected bomber behind the attacks in new york and new jersey left the hospital today. they transferred ahmad arahami. he is accused of detonating a bomb in new jersey and a pressure cooker bomb in new york. he pleaded not guilty to charges of attempted murder of police. legislation to allow local police departments in pennsylvania to use radar to catch speeders is on the move in harrisburg. under the bill police officers could use radar or infrared

laser light devices to catch speeders after completing a training course. right now only state police officers are allowed to use the devices. the bill passed is the senate, now to the house. what will be a long campaign by iraqi forces to retake mosul from i.s.i.s. entered the second day today. and there is word that about 100 u.s. forces are embedded with the iraqi troops. the pentagon says they are well back from the frontlines as they advise the iraqis and analyze i.s.i.s. targets. julian assange has limited access to the internet. ecuador's government says they have restricted his access in london. they say this was after they published documents from hillary clinton's presidential campaign. the foreign minister says they stand by their decision to grant asylum, it does not interfere in

foreign elections. camden county police have the suspect accused of vandalizing the field used by youth football teams. he has been charged with third degree criminal mischief. police say peters drove his truck on the field, ripping up the grass and creating tire trucks. he is already in jail after being sentenced in a separate aggravated assault case. chris christie is defending the passage of the gas tax increase. making his first remarks since approving the 23 cent per gallon hike. it's expected to generate revenue to replenish the state's transportation fund. christie said he did the right thing and deserves credit for the cuts in other taxes he got in return. christie says this is the first tax increase he has ever signed or ever will sign as governor of new jersey. new jersey officials offered

some much needed help to struggling homeowners today. the state's housing and mortgage finance agency hosted a free foreclosures resource event in atlantic city. counselors were on hand to work with homeowners one-on-one to provide both short-term and long-term assistance. melissa mcgee with the latest from accuweather. another warm day in store, correct? >> shorts and t-shirts again tomorrow before the change comes as we head into the rest of the week. show you storm tracker six live double scan radar. you can see no issues with precipitation. high pressure is dominating our region. it's about the warm weather for october. show you the become outside. sky 6-5 in hd from our ben franklin camera at the bridge at penn's landing. the partly cloudy to mostly clear sky. and really comfortable conditions here on this tuesday night. record highs across the area today. in allentown, maxed out at 85. that's a new record for you.

reading, you tied your record of 85 degrees. trenton, coming in today at 83, and the lower 80s as well there in wilmington. as you look at the numbers, 70 in philadelphia. you were 1 degree shy of tying the record. we maxed out today at 84. the record was 85 in the city. 72 in reading, same thing in lancaster. the poconos, i 66, and 68 in cae may with the southerly wind. and action radar. we have a cool front with not a whole lot of precipitation associated with this. moving down to the south and east through tomorrow and stall out. and then a ripple of energy into thursday. and the near term for the bus stop forecast, pretty good. mild start. shorts and t-shirts once again. 6 a.m., 63. and by 8 a.m., temperatures in the middle 60s. do it all over again as far as the records are concerned. sunshine and a few more clouds moving through as we go throughout the afternoon. records for most spots any place where you see that asterisk,

that's where we are calling for record-tying warmth or new records across the region. philadelphia, 85 degrees. if we hit that we would break the record of 80 set back in 1947. 83 in trenton. and 83 as well down in dover. the setup for thursday, high temperature, 78 degrees. cloudy, showers around as the hear of low pressure comes through. and it will be one of those days, depending where the low pressure sets up, cooler to the north and warmer to the south of our area. here's the exclusive accuweather seven day forecast. record-crushing on the way for wednesday. a high temperature in at 85 degrees. sunshine and few more afternoon clouds, especially with the front coming through that entitlely stalls out. on thursday, a rather cloudy day. showers around. 78. and it will not be as warm by thursday as well. friday, sun and showers. and 73, in the wake of that, look at the change.

headed our way. saturday, windy, chilly, gray. and high of 58 in philadelphia. on sunday, breezy and cool, high of 60. next monday, mostly sunny sky with a temperature of 60 degrees. and into tuesday, fall chill sticks around with the high temperature at 59. so we have a little bit more warmth before the cool change comes in this weekend. >> thank you, melissa. two people got big honors tonight from the regatta organizing committee. congressman bob brady received recognition for leading the push to dredge the river making it much less dangerous to row on. and greg, a long-term member of the board of directors was awarded the gold jacket for his service to the organization. ♪

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hurry, our best offer ever ends soon. only from fios. local basketball coaches got the chance to learn from the pros tonight. 76ers head coach, brett brown, hosted his second annual coaches clinic. this year the team's brand new training complex in camden. coaches of all ages and levels sat court side to ask questions and get advice directly from the coach and his staff. and looks like brett joined them as well. >> good guy. >> flyers didn't enjoy them. >> no, a wild game in chicago. very strange. it's not how you start, it's how you finish. both are problems for the flyers tonight in chicago. late in the first period, ivan falls down.

rasmussen, and gave up four goals on 16 shots. yanked with the fliers down 4-0. and claude giroux, second of the nights, fourth of the season. 4-2. and sean couturier, 4-3. less than two minutes, flyers on the power play, wayne simmonds, the flyers score three goals in 3:12. but chicago scores three. and they make it 5-4. the fliers lose a strange game 7-4 the final. if the eagles are to get back on track, they have to go through the nfl's top team. and also through their former quarterback. the eagles host sam bradford and the vikings. brad ford was traded to them right before the season began. the vikings are 5-0. the coach says he is not

surprised with his success in minnesota. >> he's a sharp kid. a smart kid. accurate thrower. he didn't go to a 1-15 team, he went to a playoff caliber team with a tremendous defense. helps as well. >> sixers will host the miami heat friday night. joel embiid has been logging more and more minutes and looked good and remained healthy. he said you don't have to worry about his foot. >> health-wise, i'm 200%. as far as game-wise obviously i'm not 100%. i still got, you know, i still get tired. but that's like in practice i work all night. ment still ahead, temple will have some work to do friday night. plus hear why villanova hopes to leave its championship in the past.

pat toomey and donald trump: they're just wrong for the women of pennsylvania. "new fallout for donald trump." "should a woman be punshied for having an abortion?" "there has to be some form of punishment." "for the woman?" "yeah, there has to be some form." "i would support legislation in pennsylvania that would ban abortion and i would suggest that we have penalties for doctors who perform them." pat toomey and donald trump: they're not for you. senate majority pac is responsible for the content of this advertising.

college basketball is nearly upon us. villanova's national championship trophy is proudly displayed in the lobby. they will open november 11th against lafayette. they have enjoyed themselves, but they know this is a brand new season. >> it's a lifetime memory. but that's going to hurt us this year. look past that and look forward to new expectations for ourselves. >> hold on to the lessons and the experience. but let the praise -- let the praise go right over our head. >> temple football is gearing up for friday night's home game against south florida. the bulls are atop the conference, 6-1. it's a big challenge. one that matt rule is embracing.

>> great to have a game that's meaningful in october. when it matters. i mean, so i think that's -- that's exciting for us. >> to baseball's playoff. the nlcs shifted to l.a. for game three between the cubs and dodgers. dodgers up 1-0, adding to it. a two run homer off jake arrieta. they take a 2-1 series lead. game four is tomorrow night. game four of the alcs, looking to close out toronto, not tonight. the solo homer in the third inning. the blue jays remain alive with a 5-1 victory. game five is tomorrow afternoon. good baseball there. >> thank you, ducis. finally tonight, the eagles use yoga to raise awareness for breast cancer tonight. tonight the team hosted a private yoga class at the nova care complex. breast cancer patients patientsd survivors took part. it was to promote an active and

healthy lifestyle for those affected by the disease. october is national breast cancer awareness month. jimmy kimmel live next, followed by nightline. tom cruise, and music by ex-ambassadors and kenny lovingens. we continue at 4:30 with pat o'donnell, meteorologist karen murphy. for cecily tynan, melissa mcgee, ducis rodgers and the entire action news team, i'm jim gardner. good night. ♪ ♪ ♪ ♪ >> action news sponsored in part by bob's furniture.

featuring the zoom mattress. >> dicky: from hollywood, it's "jimmy kimmel live." tonight, tom cruise. from "dr. strange," tilda swinton. music from x ambassadors and tom morello. and now, as a matter of fact, here's jimmy kimmel! [ cheers and applause ] ♪ >> jimmy: well, that's very nice. thank you. i'm jimmy, i'm the host. thank you for watching, thank you for coming. oh, how nice. you picked a fine night to join