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tv   FOX 29 News at 5  FOX  May 12, 2016 5:00pm-6:01pm EDT

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eight, injuring hundreds and making a lot of people feel a little less safe. >> well, i'm not going to take the train again. >> tonight one year later, the big question that still needs answers and the victims still putting their lives back together. >> live from center city in philadelphia this is fox 29 news at 5:00. coverage of the amtrak anniversary in a moment but first some alarming video of a woman beaten on a city street while a crowd of people watches. the video of this attack in north philadelphia came to us from a fresco user earl yes today. we called police and tried to identify the victim and get answers about what happened. good evening, i'm iain page. i'm lucy noland. and dawn timmeney you were in that neighborhood this afterno afternoon. i have to say this is beyond
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disturbing. it's appalling. >> it is. it is very troubling, lucy. police are investigating. they say they cannot believe that no one stepped in to help. now the man who shot the alarming video talked to us about the beating want he witnessed did he not want his face shown an camera. we want to warn you the video is difficult to watch. >> this was the disturbing seen this morning in the 200 block of ontario street in the city's kensington neighborhood. the man who shot this video of a brutal beating right in the street does not want his face shown but did talk to us. >> the guy was actually on top of the girl and just beating on her. >> reporter: the woman is on the ground and you can see the man repeatedly slapping her and punching the victim. >> i heard a commotion earlier but i didn't pay no mind. i came out a guy on. to girl. >> reporter: the witness who shot the video says the beating went on for some time. he says maybe 20 to 30 minutes. >> did anybody try to help the woman? >> no one. bystanders just smiling, laughing and just standing around like a normal day.
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like nothing was happening. >> reporter: you can see from the video that no one appears to try to intervene or help the woman. people are on their cell phones and just watching her being beaten. we don't know if they were possibly afraid for their own safety. we do know someone on the block called police. >> i don't want to jump and be a hero and just get hurt, you know. bad out here. >> reporter: do you know the girl? >> no, i do not. i guess i'm used to seeing stuff like that around here. it's sad. >> reporter: did anybody call the police? >> yeah, they showed up short time later. >> reporter: police did respond to the scene and caught up to the man in the video who told them a completel completelt that the woman actually assaul assaulted him. after seeing that video, however, police say it's clear the man was beating the woman and he will face charges. they just tracked down the victim a short time ago to find out what happened to hear her side of it and say she's in the hospital right now being treated for her injuries. >> lucy? >> well, dawn, coming up at 5:30 we'll revisit this issue talk to psychologist how things like
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this can happen. and why no one stepped in to help. breaking news now police involved shooting in wilmington, delaware. state department of justice has released their findings into that september 2015 shooting of a man in a wheelchair. the officers accused of of shooting him will not be charged but the doj does have a recommendation for one of them. the shooting death of jerry mcdole was caught on cell phone video. officers encountered mcdole after a 911 call came in about a man who had shot himself and was still armed. a bystander's phone video showed the police repeatedly telling mcdole to drop his weapon and raise his hands. it shows him reaching before his waist before shots fired. shorts say they recovered a handgun near mcdole's body. now the doj says that four officers who shot mcdole will not be charged. they say three of four officers believe their lives were in danger. the office does say the fourth officer corporal joseph dulles should not be employed by the wilmington police department in any roll where he would carry a gun. also, released today, 911 calls
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that start before the police arrived. >> please send somebody quick! >> he shot himself, man ma'am? >> yes, please, yes and he still has a gun. he's moving a little bit. he shot himself. he's on the ground and he's moving around and he has a weapon in this hand. >> minutes later on that call you can hear police arrive and then gunfire. >> keep yourself covered. stay out of the line. >> oh! >> i think they just took him out. >> oh, my god. >> they shot him. police just shot him now. >> the goj -- doj investigation found serious deficiencies in the police department's use of force policies and training in a statement the city says it disagrees with the criticisms of its officers and the city agrees in not charging the officers involved. the family of jeremy mcdole
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releasing this statement reading in part "our family disagrees with the conclusions of the report not to charge any officer with a crime which seems to reflect the historic fact that we believe that no police officer in delaware has ever been charged with a crime for the fatal use of force on a civilian". the family is already suing the city over the shooting. torments night a city is pausing to mark the one year anniversary of the amtrak derailment. the images are haunting. a passenger train twisted lying on its side in the middle of the night. eight people died when amtrak train 188 careened off the tracks more than 200 people were hurt and in the aftermath, we learned the train entered the curve at more than twice the speed limit. we're still waiting to hear an official cause. >> in the meantime those who's lives were changed forever that night are still on the road to recovery. here's fox 29's dave schratwieser. >> i've got 15 month old granddaughter. i can't even pick her up and hold her. i can't play with her.
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>> bob hewitt has spent the last year courageously fight fighting through the catastrophic injuries he suffered when he was thrown from amtrak train 188 after it careened off the tracks last may. >> i have pain 24/7. i have problems breathing because almost my entire ribcage was shattered. it didn't heal properly film it was horrible. seeing him in a coma and to bring my kids there to see that. >> reporter: we first met the 58-year-old hewitt last november while he was recovering at home from 23 fractured ribs, a lacerated kidney and a collapsed lung. he spent seven weeks in a medically induced coma. 10 weeks on dialysis and months in rehab. when we met bob hewitt again thursday, he was still wondering why amtrak engineer brandon bostian has not been charged criminally in the crash. >> his actions took eight lives.
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dozens hundreds of others are impacted by it. >> reporter: investigators say bostian wasn't texting, e-mailing or talking on his cell phone as fox 291st reported he wasn't drunk or on drugs either based on toxicology tests. he was simply driving the train twice the speed limit. >> he changed our lives. there's no reason why he's going that fast. >> reporter: seconds before the fatal crash the ntsb has said bostian was frantically trying to slow the train down. he was quickly approaching that big left hand curve where the speed limit was 50 miles per hour. >> it is not enough to say that mr. bostian lot of quote the situation awareness end of quo quote. people want to know why he did what he did. >> reporter: why bostian was traveling so fast, why he didn't slow down earlier and exactly what happened in the seconds leading up to the crash are still a mystery. the ntsb is set to release the
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results of its year long investigation on may 17th at a public hearing in washington. the district attorney and police are still investigating. bostian isn't talking except to say he doesn't remember. >> mr. bostian's actions that day not only derailed the train, it derailed lives. >> reporter: attorneys tom klein and robert monk lewis see represent many of the families of the eight passengers who were killed and the 200 passengers who were injured. >> we see a devastating tragedy which will reshape for the worst the lives of many people and many families. >> it's been a long road. and they wonder if it's ever going to get better. >> reporter: the lawsuits against amtrak are moving through the court system. lawyers expect the damages to reach $295 million. the federal cap for damages in a train crash. in the meantime, hewitt, his wife and daughter emily came to
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philadelphia thursday hoping to deliver a thank to you the first responders in this picture scene carrying hewitt from the crash site. >> i'm just very grateful. >> thank you for saving him. without them finding him so quickly and them doing all they did, he wouldn't be here. >> bob hewitt says he still suffers from post traumatic stress and has nightmares about the crash. he still goes to dr. appointments several times a month and he says he's anxiously awaiting the out come of the criminal investigation. the district attorney's office would only say that it continues to investigate and would not answer any questions about specifics concerning the investigation. dave schratwieser, fox 29 news. amtrak released a statement today that reads in part "our thoughts and prayers go out to the families who suffered a loss, the passengers and employees who were injured and to everyone on board the train. our goal is to fully understand what happened and how we can prevent a similar tragedy from
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occurring in the future ". and coming up tonight at 7:00 a vigil at the scene of the derailment for the dead, the injured and the first responders. our crew will be there and we will bring you live reports. a lottery player just won a million dollars for the second time. but when you learn a little more about him you'll understand why he really needs this money. plus -- you okay, ma'am? >> no! >> a woman sobbing after discovering a man hiding in the back seat of her car. all the doors were lock. all the windows were up. how did he get in? we've got the answer. kathy? >> i always worry about that. in weather we're talking about not one front moving through with rain but two and that's just in time for the weekend. details on when it moves in, when it moves out and much cooler air that lags behind. i'll be back with the seven day after this. and coming up at 6:00 all new police want to you take a good look at this picture. why they're hoping his name could solve a big expensive mystery at a local record store.
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♪ route 15 trolley collides with a car in north philadelphia. it happened late this afternoon at the intersection of ninth and girard. three people on that troll hal to be taken to jefferson with minor injuries. the driver of that car also taken to the hospital. he is now listed in stable condition. traffic is shut down in both directions at ninth and girard. caught on camera in north philadelphia, a barrage of bullets just flying out of a mini van. take look here. police are looking for two men who were in a green mini van. surveillance camera caught them driving up to the 3700 block of
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north seventh street and firing several shots toward a group of people. at one point the driver of the van got out and fired shots right down the street. the two then took off. bullets hit a bunch of cars but no people. so what was going on here? don't know as of yet. any information give police a call. a chester county high school student is facing charges to night school officials say he made a bomb threat at phoeni phoenixville senior high school this morning. statement from the school says another student overheard a tenth grade boy say he had a bomb in his backpack. the school went on lock down when police combed the campus they did not find any explosiv explosives. prosecutors are charging the boy as juvenile. philadelphia police are searching for 24-year-old khalil robinson right now. he escaped custody from penn presbyterian medical center in university city. police say he was arres arrester dui and dane to the hospital just after midnight. somehow he was able to escape and run towards the 3800 block of warren street. >> a philadelphia police officer is in the hot seat after a
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possible dispute with contract contractors. peacing together just what happened. no charges as of yet. let's get right to our karen hepp live at physical police headquarters. all right, karen washington you got? >> reporter: well, we know the officer has been put on desk duty. and we also spoke with the officials here at the philadelphia police. they're taking this very serio seriously. a philadelphia police officer is on desk duty right now as several different departments investigate an alleged incident. the bucks county district attorney confirms bristol police were call last thursday to levittown where the officer lives for a dispute involving contractors. the district attorney is reviewing the case right now. philadelphia police say they were notified. >> as a result of that notification, an internal investigation will take place. and that's underway at this particular time but they're monitoring the outside investigation, if you will, in terms of any criminal component. >> reporter: officer' neighbors don't know what to make of these allegations. >> hard to believe. yeah, 'cause since he's been here he's been very good
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neighbor. >> that is shocking. we don't know him well but he seems like a fairly great guy. >> reporter: a couple of things here there's no issue at all with officer living in levittown in the first place they got rid of those rules that required officers to live in the city a number years ago. that's in the clear on that one. the district attorney says they've been doing a number of interviews and gathering a lot of evidence and they expect they'll know one way or another if they'll be charges pretty shortly within the next day or so. that's the very latest from outside police headquarters. iain, back to you. >> karen, thank you. a judge in berks county accused of stealing money to pay his own bills. the state attorney general's office announcing charges today against district judge timothy dougherty. the 56-year-old pictured here on the website for berks county government accuse evidence taking $15,000 from his court and another 90 grand from the why ya miss sing fire department where he served as treasurer. prosecutors say the judge had trouble paying his own bills including his mortgage. he is now facing a list of
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charges. sounds like something out of a nightmare or urban legend a woman walked to her car and saw a man hiding in the back seat. >> she called 911 and you can feel the frantic fear in the conversation that followed. here's fox's claire sims. >> 911. >> 91 wasn't call captures the frantic moments after a shopper at this beauford tj maxx discovers a man hiding in her suv. >> you okay, ma'am? >> no! (crying). >> police corporal says the woman had shopped in the store for about 40 minutes tuesday evening before returning to the parking lot with her purchases. >> the suspect possibly entered her car through the open sun roof of her vehicle because she said all of her doors were lock. victim told police it wasn't until she got into the front seat that she saw the man looking at her in the rear view mirror. >> as soon as the woman look in her rear view mirror and saw the suspect she began yelling. she began screaming for people to call 911 and she immediately
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exited her vehicle in order to gain distance between herself and the strange man in her back seat. that was everything right. >> reporter: witnesses dialed 911 and watched as the man cal andly got into his own car and drove away. >> they described the man as young, in his 20s, white, with short dark hair wearing a t-shirt and shorts. police aren't sure what may have motivated thyme get into the woman's car or what he planned to do next. but they believe it was an isolated incident. the victim got the man's tag number and officers hope to track him down soon. in gwynned county, claire sims, fox5 news. it's a big year for politics especially here in philadelphia. today a big announcement as our city gets ready for the democratic national convention. philly will be hosting political fest this summer during the dnc. mayor jim kenney made the announcement today at the national constitution center. this non-partisan festival will celebrate political history, government and elections. mayor kenney says it will help
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philadelphia shine on the world stage. >> it's always nice to kind of re-establish and rebrand your city in front of the world. obviously this is not just the national event but international event with jim lifts coming from around the globe to cover philadelphia and cover the convention. >> political fest first happened here back in 2000 sand when philly hosted the republican national convention. george zimmerman was apparently hoping to make some money from selling the gun he used to kill trayvon martin. but that just got little more complicated for him. we'll explain. and were some philadelphia water department workers paid to party? fox 29 investigates went to the top to find out. >> was everybody off the clock? >> got some concerns about some folks and we're looking into that. >> what our questions uncovered fox 29 investigates is ahead. plus -- ♪ imagine hearing classical music
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right now it's drifting through the streets of one city. but the motives aren't so pure. who the music is supposed to keep away.
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>> powerful earthquake rocked taiwan overnight. a 5.6 magnitude quake shook the northeastern part of the count country. so far no reports of any injuries. collapsed buildings or other damage. wonderful thing because in february a 6.4 magnitude quake rocked the country toppling an apartment complex and killing more than 100 people. a police pursuit spanning two states now has investigators looking into possible excessive use force by police. chopper per video captured this chase. it began in holden massachusetts and ended an hour later in a neighborhood in massachusetts. the guy they're after is richard simon. you see him get out of the pick up drop to his hands and knees. police move in and punch him. authorities are vesting in there was excessive force. george zimmerman wants to make some money off the gun he used to kill trayvon martin but
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he said a -- it slight roadblo roadblock. >> the gun was setting to up for bid this morning but that auction never happened. back in 2013 he was found not guilty of second degree murder and manslaughter in the death of trayvon martin. he got his gun back in an exclusive interview with fox news zimmerman explains why he wants to sell the gun. >> why come out in the public again, why not just stay quiet? >> going into hiding to the publicizing the sale, not putting this up for auction isn't going to from these radicals. it won't help what i've decided to do is not could you we are. i'm a free american and i can do what i like with my possessions. >> the weapon has since been removed from the website auction without any explanation. minutes after the auction was supposed to start, this morning, however, in orlando newspaper is reporting zimmerman put the gun
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on different auction website this afternoon. no word yet on whether the new site will take down the listing. federal judge just rule the obama administration is unconstitutionally spending federal money to funder president's hell care law it's a big victory for house republicans that brought that legal challenge. at stake $175 billion the government is paying over a decade to reimburse health insurers for reducing co payments for those with lower incomes. house arguing congress never specifically appropriated that money. remember, they have the purse strings and have denied the administration's request for it. you can expect an appeal in the obama administration. she's not even in college yet but this teenager who could save lives because of an app she's been harder at work on. the crucial question this app will ask. >> kathy, dry for now but unfortunately not for long and believe it or not we need the rain. hard to believe. not one round but two rounds on tap for this weekend. we'll time the out and show you
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the best time to be outside coming up with the seven day.
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>> wow. do you see what's outside right now? >> you know what i saw it earlier. it went away then it came back. >> it came back. >> i was like there it goes. >> you know what when it went
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away i was thinking, how am i going to explain this? >> i know. >> it was so nice to see. >> we had some clouds. now the sun is back out. what brilliant afternoon. you know the temperatures really reflecting the sun. when you think about it, the may sun is just as strong as the july sun. >> pretty much -- yeah, in the same position. today's high above average. wrightstown 80 degrees. that was the warmest spot. allentown 79. doylestown 76. philadelphia so far 75. still could go up a tick. wilmington 73. millville checking in so far at 72 for your high. right now, temperatures on the mild side. cooler in philadelphia at 74. wrightstown still sitting at 80 degrees. millville 72 and ac at the airport it's 72 but on the boardwalk 64. of course, you have that ocean water influence and it is cool cooler. temperatures only in the 50s so it will influence a cooler day down the shore but if you're on the boardwalk in ocean city and it's 67 and sunny, that's a beautiful day. you know what they say if you're
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lucky enough to be down the shore, you're lucky enough. ultimate doppler showing some rain moving our way. this is associated with one cold front and then another one out west secondary front behind this there's much cooler air and we're talking about sunday night into monday morning some of us especially in our northern and western suburbs could wake up to temperatures in the 30s believe it or not. despite the rain that's coming our way the very latest from the drought monitor network is showing abnormally dry conditions mainly to the north and west of the city. so areas in montgomery county, like buckingham, bensalem, abington, if you're looking at bucks, montgomery county, montgomery, also, extending through limerick and to the south and west near norristown, these are the areas that we're talking about dry conditions and below average in your rainfall. we'll see more rain coming our way. not a lot with this first round of rain with this front tomorrow we're talking about quarter of an inch to half an inch of rain.
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that moves through midday through the afternoon with a few gusty thunderstorms. then this front will come through late saturday. so saturday morning looks great. go out for a run. for a jog. maybe play some golf, some tennis. so no problems in the morning. this comes through late in the afternoon toward the dinner hour. so if you're going out saturday night, you'll be hitting some rain and a few gusty thunderstorms associated with this. behind it, much cooler air and that will really set in sunday night into monday morning. fox future cast shows tonight dry, no weather issues. during the day tomorrow, some showers and storms move on through during the afternoon. we dry the out again with clear skies saturday morning. and then once again it's late saturday afternoon, whoops n moves on through with some more storms. overnight 58 in the city. 55 in the suburbs. mostly cloudy. the rain moves in by about 11 a.m. during the day tomorrow with some periods of rain and some afternoon storms. the high 73. and as you plan your day, cool for breakfast by lunch 66. some showers. afternoon showers.
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and by the dinner hour, 7:00 p.m., it should be out of philadelphia. if you're going out tomorrow night. seven day forecast not so lucky saturday evening that's when we see showers and storms. we dry it out. sunday much cooler, monday 62. dry tuesday then a few more scattered showers late next week. so really not completely out of this turbulent pattern we've been seeing. all right. thank you kathy. >> you bet. time now 5:32. we have more on the alarming video of a woman beaten on a city street while a crowd of people simply watches. this video of this attack in north philadelphia came to us from a fresco user today. we immediately called police. we tried to help identify the victim and get answers about what happened. those images, they're beyond difficult to watch. they are appalling. and we have in our newsroom right now psychologist dr. frank farley. i can't even begin to say what i'd like to right now because i don't even know how something
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like this could happen, doctor. >> well, it's a classic what we would call bystander effect where something happens like this and people stand around and do nothing. one of the key concepts in this kind of situation what we call diffusion of responsibility. that is, people look around and they say, well, you know, somebody else will do it. somebody levels intervene. and so everyone sort of in a sense pointing at everybody else figuratively and nobody does anything. of course era of cell phone and 911 some people say i'll dial 911 and just stand around and wait for the police to arrive. so this is a really a horrible example of -- of the bystander effect. >> you know, dr. farley, it goes beyond people just standing around which is terrible enough. some people you saw them,
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they're laughing. i mean the other ones they're recording. there are people smiling. i mean, what does this say? >> it says nothing good. let's put it that way. were people mistaking this as just an act or that it was not serious. >> clearly it wasn't from the video. >> of course. >> i mean she was getting the living day lights beat out of her. she's in the hospital. >> yes. one thing that crossed my mind that some people might have been inn hibed thinking it was a domestic violence episode, and people are very reluctant to get involved in domestic violence situations. we know that police, you know, worry about domestic violence when wherever they have to deal with the because people can get so he can treatment under those conditions. but standing around and laughing, you know one of the things that concerns me is that we see a lot of stuff in television and elsewhere online of this kind of negative behavior and do we kind of end
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up treating it as entertainment i hope not. but you know we have so much violence in our lives and in this society are we just looking at it as we would a movie or a show of some sort. >> violence is part of the human condition. we can go back to coliseum days for that, right? you wonder about the guy who beat this woman. i mean clearly beat this woman. daylight. people around him. people driving by. he hears the people laughing. he hears everything going on. you wonder what else he's capable of clearly he did not care about who saw what he was doing. >> yes. is he the kind of person who would just get a gun for example and walk into a place and shoot it up and wouldn't care about being observed? that's another thing about the bystander effect in 21st century america. we have so many guns that some people are going to be reluctant to intervene thinking that guy might have a gun. and then things really get bad. so, you know, one of things we
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need are heroes and here are a couple things that we need in our heros. we need risk takers. someone willing to take a risk under those conditions and the second thing is a kind of feeling of empathy for the victim, you know, you've got to feel something for the victim. and it looks like some of these people felt nothing for the victim. >> i'm sick to my stomach over it all. i'll tell you dr. farley, the police have told us that they are also appalled that no one tried to help this woman. i thank you so much for your reflections and thank you for being with us there. you're welcome. >> as we continue to follow this story we'll post this interview on fox29.com look for it on our home page. lottery player just won a million dollars fort second time but when you learn a little more about him you'll understand why he really needs the money. plus -- i like that. but it's really loud. classical music drift through
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the streets of one street. motive here not so pure. who the music is supposed to keep away. >> coming up at 6:00 the dog beaten obstacles that would sleigh giants now he's part of a national contest and if he wins he can make a huge difference for other animals in need. how you can help.
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>> there's new sound track one san francisco street. >> allotted of people living nearby aren't too crazy about it. ♪ >> classical music now plays outside burger king. officials started playing the music pretty loudly to clear the sidewalk. people nearby say the area used to attract drug dealers or homeless people. the music seemed to work. not many people hanging out there any longer but residents say it's a little much. >> i can't play my music outside after 10:00 o'clock, can i? they're inn fringing upon the rights of others. >> city noise ordinance doesn't allow music over 10 decibels. >> imagine winning a million
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dollars playing the lottery. imagine within ago million dollars twice. chris, of new york bought $2 scratch off and won for life. it's a familiar feeling for him. >> can't be live? i was like i turned to my fiance', i said, we just won. she said yeah, right. i go, no i just hit life. >> the construction worker chose to take money in installments. he wants to leave his 18-year-old son way good inheritance. >> man catch wally walked into a store as convenience cameras rolled. he's about to commit a crime but did he not steal cash. what he took and surprising place police found him. >> why were these philadelphia water department parked in the lot of a restaurant for hours? that's what fox 29 investigates wants to know. a city probe is now underway and fox 29 investigates is coming you. howard? >> the eagles, they spent more money today with the signing of a player, and charles barkley kills the nba as a product.
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charles always outspoken. that's all coming up in sports.
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♪ caught on camera red handed at a convenience store in california. take look. the man walked toward the back of the store where he reached behind the counter, grabbed a stack of tickets while the cashier wasn't looking. police say he took nearly 70 lotto tickets. few days later, officers say they caught up to the man at a park just sitting around near that store. philadelphia's inspector general opens up an investigation that mayor kenney's urging after fox 29 investigates asked questions about a city retirement bash.
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>> it was a three-hour affair complete with a bar. fox 29's jeff cole here with your report. >> reporter: we did. we look right at this. we knew it was big celebration. when we saw over 20 city vehicles come rolling in. we asked were some water department workers actually paid to party? >> march 4th, another water department truck just pulled up. 11:40. >> reporter: you'd think it was a convention for the city water department. >> here's another one. 11:45. >> reporter: or big meeting on how to better deliver water services to its millions of customers. but the city vehicles jamming the parking lot of gallo's seafood no in northeast philly on friday march 4th were not driven there for serious business but for party. >> i think it was a nice send off for someone who -- i mean a really good guy. >> reporter: retirement party forgery stokes 38 year employee scene here living his three hour bash and mayor kenney's new minted boss of the water
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department who attend the the party in her city car is not happy we're asking about it. >> i feel bad that his party, his send off, is being tainted with this. >> reporter: tainted with what? apparently, our questions about the gala held at gallo's in the middle of the day. at first the city told us that all its workers were off the clock. but our investigation finds that just wasn't accurate. working off a tip that the big send off would be held, fox 29 investigates rolled up to northeast philly and found city vehicles parked in the restaurant's lot before noon. we watched as the department's fleet came flowing in. >> 11:55 for this guy. >> reporter: suvs, even a truck all emblazoned with pwd and vehicle numbers on the back. there was even a fire department suv there. we took a swing around the lot and pulled numbers.
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>> five in a row. >> reporter: we gave our list to the city and asked who was behind the wheel in what the kenney administration said was an effort to be transparent it provided documents showing 21 city vehicles and drivers having been at the party. that's just the drivers. we watched groups of workers walking into the celebration. our fox 29 investigates photographer snapped a shot of the party held in a private ro room. >> why not have it outside of normal work hours? >> um, i mean i guess that's one way to look at it. i'm not sure what the issue really could be in the middle of the day. >> reporter: remember. the city first told us all workers were off the clock. so to check, we made what's called a right to know request for their time sheets. we've been told it had take a month but water commissioner mccarty apparently concerned about our request says she took a hard look at the time sheets after we asked for them. >> so you think this is okay because everybody was off the
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clock? >> if anybody was off the clock, it should be fine. that's right. >> reporter: was everybody off the clock? >> um, well, i have to tell you that, um, the right to know for time sheets, um, and gathering that information, i reviewed every single time sheet that you requested, and, um, got some concerns about some folks and we're looking into that. >> reporter: fox 29 obtained city payroll information which backed mccarty's reason for concern. while the records show some workers using vacation or comp time to cover hours spent at the party, others didn't. like water department worker gary dunlap who drove to the shindig in this city suv. payroll documents indicate he worked a regular shift the day of the party with some overtimes toed in. on the phone dunlap said his boss told him it was a business luncheon. that's why he didn't clock out. commissioner mccarty disputes that. department worker william carter showed up at gallo's in this
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city sedan he drives to and from work. payroll records show a regular day worked for him as well. reached by phone he refused to talk. the commissioner says at least six water term workers dunlap says he's one of them will be disciplined after her review of their time sheets prompted by our question. >> as you know, i don't play with that stuff. >> reporter: near the corner of venango and frankford merchant barry zen steen is riffed. >> bangs up your cars. flat tires. >> reporter: he complains the water department has been working just down the street from his cell phone store for two years and it's not good for business. >> they come out. they dig it up. they put the plate back on, and they don't give us any answers. >> reporter: guess what he thought of a retirement party right smack in the middle of the day? >> they have work to do. i can't take off in the middle of the afternoon if i wanted to.
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why should they take off? there's work to do. >> reporter: and there's something else. there are rules that govern the use of philadelphia city vehicles. they read, vehicles must be used for official city business and employees will avoid any vehicle use which might result in or create the appearance of impropriety. and then there's the big one. absolutely no drinking and driving. so why was there a bar serving up stiff drinks just outside the retirement party? we watched folks drink and go back inside. >> so do we know whether anybody drank and got into a city vehicle? >> um, there were a lot of retirees there. when i went past the bar when i came in and when i left, um, none of those were current city employees that i saw there. >> reporter: you certainly weren't looking the whole three hours. >> that's right. i was not. because i expect people to do the right thing. >> reporter: now, mccarty says it was okay to attend the party.
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the problem was not taking time off. union represent earnest garrett of 34 district council 33 called today to say those attending the party were managers not rank and file workers and the fire depth says its worker spent an hour and a half there but does not see that as a violation. but now the city's inspector general amy kerlin quite well thought of will weigh in on all of this. >> it will be interesting to see what she has to say. >> looking forward see it. >> thanks, jeff. >> okay. >> appreciate it. coming she's not 19 college yet but this teenager could soon save lives all because of an app she's been hard at work on much the crucial question this app will ask. >> coming up new at 6:00 police want to you take good look at this picture. why they're hoping his name could solve a big expensive mystery at a local record store. continuing coverage of the one year anniversary of the day that changed this city. eight people dead and many more still trying to get their bearings after the amtrak derailment. the big plans tonight to
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remember the fateful day.
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>> goats on the loose in haven't tower what county california and helping fight wildfir wildfires. firefighters have them eating and clearing brush that could fuel the fires. despite getting rain, the rainfall hasn't made deep impact on the brush. hundreds of goats will get to eat their fill for the next sick
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weeks or so. arizona teen isn't even out of high school yet but already working on project that could save lives. >> smart phone app to use when seconds count. fox's courtney griffin has her story. >> reporter: it's just a typical day for sophomore sierra dean. she's putting the finishing touches on her new app. that she created right here in this classroom full of other students doing similar things. >> first home screen and after that you go through this just an overview. these are each of the questions that would be asked by a coach. >> her app allows coaches to be able to see if an athlete has sustained a concussion. she partnered with banner concussion center for the signs and symptoms to look for. >> they gave me a list of questions and also a guide. a bunch of symptoms that they have to ask. they gave me list of those. basically they out looked the medical aspect of this app. >> reporter: sierra got the idea when she saw her friend struggling to recover from a concussion. >> i play soccer and it took her
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out of soccer entirely. she had to quit. like she had really bad grades for awhile schenn just had to -- it took her a long time to come back from it. >> reporter: coast would go through the list of general questions. for example asking what month it is. >> okay. so you have to get all the questions right to be in the clear? >> ideally but would it still be like -- it's still suggests that you send it to medical professional just to be safe. >> reporter: she's in the final stages of making the app available for the iphone. >> it's finished building and coding and we're getting the legal rights from banner right now and we're working -- we're looking towards the next step taking it to the app store. >> reporter: courtney griffin, fox news. tonight at 6:00 a beating in the middle of the day on a city street. disturbing because of the brutality and also because so many are just watching doing nothing to help. what we discovered in the neighborhood today. ♪ plus one year later, the
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city pauses to remember the lives ended and changed forever by the amtrak derailment. tonight the questions that still need answers. ♪ >> live from center city in philadelphia this is fox 29 news at 6:00. ♪ tonight at 6:00 marking one year since the deadly amtrak train derailment. for many the memories may still seem all too fresh. amtrak train bound for new york careened off its tracks in port richmond, eight people died. more than 200 were hurt. good evening, i'm lucy noland. >> i'm iain page. we are still waiting on an official cause of the crash. in the meantime, the community is preparing to mark the solemn anniversary in just less than an hour. bruce gordon is live in port richmond tonight. bruce? >> reporter: iain and lucy candlelight vigil a wreath laying and a moment of silence all scheduled for 7:00 o'clock here tonight right near the scene of that deadly derailment. you know, full al year later,
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those who survived the crash are still dealing with the physical and yes, the emotional repercussions. amtrak train 188 traveling northbound at twice the appropriate speed left the tracks at 9:21 p.m. on may 12th, 2015 philadelphia's frankford curve. for 58-year-old bob hewitt and scores of fellow passengers, life would never be the same. >> i was in the business class car the first car that train and i remember being thrown out of my seat hitting the ceiling. luggage racks, seats. >> reporter: eight people all in that first car were killed. more than 200 others were injured. hewitt a regular on this route he was on his way home to nutley, new jersey, a woke on piling of rocks much his clothing torn from his body or what was left of his body. he spent weeks in a medically induced coma and even today as he spoke from his attorney's office in center city --

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