incident was foul play, although they are still investigating. christin ayers, cbs 5. two young women turned the table on a burglar when he broke into an apartment on playa del rey in san rafael. juliette goodrich says the women left their mark on that suspect. >> reporter: they certainly did. it's an amazing story. these brave women, ages 18 and 19, are probably alive today because of a cell phone and their attacker's knife. neighbors in the playa del rey apartments recall hearing something unusual last night. debra thinks back 24 hours ago. >> when we were just turning off the tv and getting ready to go to bed, with ejust heard like a shouting -- we just heard a shouting noise and just had assumed it was neighbors in the neighborhood. >> reporter: but police say debra may have been hearing the shouting cries for help from two young women after a man broke into their apartment. police say these were quick- thinking women. when this suspect broke into the apartment, one of the victims grabbed a phone and called 911 immediately. the other victim, who was being attacked, was able to turn the knife back on the suspect, stab him several times in the chest, before he took off. police say he took off wearing a black hoodie covering his face. >> kind of scary when you have young people in the house with you too. >> reporter: and despite being so shaken up, these women gave quite a good description to police. the suspect is described as a hispanic man between the ages of 19 and 25, around 5-foot-6, with a thin build, high check bones and sun spots on his face. he also suffered those stab wounds to his chest and to his face, so police have alerted nearby hospitals in case he checks in to seek medical attention. that's the latest from san rafael, juliette goodrich, cbs 5. nancy pelosi is staying on as house minority leader. it was all smiles and cheers when she made that announcement. but then came a question about her age. >> oh, discrimination. discrimination! >> next. >> pelosi, who is 72, was clearly irritated. cbs 5's elizabeth cook on the question, the answer, and the bigger picture. liz? >> reporter: well, dana, pelosi says she's staying on because there is still work to do. but then the temperature of the room changed, all because of a question that inferred it was time for the congresswoman to let younger folks have a chance. emily post taught us to never question or ask a woman about her age. apparently, this reporter didn't read her book. >> you're over 70. doesn't that prohibit younger leadership from moving forward? >> so you're suggesting that everybody step aside? >> i'm just saying, doesn't that delay younger leadership from moving forward? >> let's for a moment honor it as a legitimate question, although it's quite offensive, but you don't realize that, i guess. the fact is -- the fact is that everything that i have done in my -- i guess decade now of leadership is to elect younger and newer people to the congress. >> i think it's offensive, because it's often tailored toward women and there's a lot of male senators. >> reporter: she was just elected to the board of supervisors. at 38, she is considered practically a teenager in the political world. but she says age is a virtue. >> as a young girl, i've always admired her. >> reporter: pelosi went on to talk about the number of women in congress. in fact, for the first time ever, women and minorities will make up the majority in the democrat caucus. the face of politics is no doubt changing. joe tuman says, we aren't there yet. >> you'll know this is no longer an issue in this country when we're not doing stories about this anymore, when we don't refer to someone by genderrizing them in some way. >> reporter: nancy pelosi is one of the biggest fund-raisers for the democrat parties. some say her decision to stay on just gives republicans more fuel for their fire. democrats say she's a lock. elizabeth cook, cbs 5. the president faced rapid-fire questions today at his first full-blown press conference in months and drew some clear battle lines. >> reporter: the president wasted no time attacking republicans who have criticized u.n. ambassador susan rice, a possible candidate to replace hillary clinton as secretary of state. >> for them to go after the u.n. ambassador, who had nothing to do with benghazi and besmirch her reputation, it's outrage. >> a modest tax increase on the wealthy is not gonna break their backs. they'll still be wealthy. >> reporter: and on the growing cia sex scandal that took down david petraeus. >> i have no evidence at this point, from what i've seen, that classified information was disclosed, that in any way would have had a negative impact on our national security. >> the military has suspended the security clearance for the woman at the center of the petraeus scandal. paula broadwell is a former army intelligence officer who had high clearance. meantime, cbs 5 has learned the identity of the identity of the person who first brought the case to the bureau, frederick humphries. he's a friend of jill kelly. after years of telling you about all the doom and gloom, all the dire warnings, i had to do a double-take on this one, because today we learned that california may soon have a budget surplus. legislative budget analysts say that the deficit will be about 1.9 billion this fiscal year. and we could see surpluses by 2014. and just a few months ago we were talking about a $16 billion deficit. >> we have to pay down our debt. we've borrowed from the schools, from the redevelopment fund. governor schwarzenegger's economic recovery fund. we borrowed from the people, from local government. and we've gotta pay that back. >> a lot of the revenue will come from the prop 30 tax hikes which voters approved last week. the state's finances might be looking up, but many bay area cities are still struggling and we're seeing and feeling the effects every day. police officers in san jose, for instance, are resigning instead of putting up with lower wages and lower benefits. there are now less than 1,000 police officers available for full duty, and only 70% of those are out in the street. it's bad. kiet do says there may be a silver lining. >> reporter: clark has a front- row seat to san jose's rising crime rate, when he caught a burglar red-handed in his bedroom. >> you don't expect somebody in your home that doesn't belong there. >> reporter: he used to be the neighborhood watch vice president. he says there have been about ten break-ins in the area in the past six months. he said with fewer cops on the streets, prowlers are getting bold. >> when things go wrong, we need officers there to support us. >> reporter: san jose police have written a special memo to the city about the police shortage. >> the numbers are not good. >> reporter: over the past decade, sjpd went from a high of 1,420 officers to 1024 today. it now drops down to 978. minus detectives, support staff and administration and you're left with just 583 officers for patrol. sergeant dwyer says they put as many cops on the street as they possibly can. >> you're going to be robbing peter to pay paul. >> i would be shocked if there's police layoffs in the next round. we simply can't afford to do that. and i don't think there's anybody on the council that would even consider supporting anything like that. >> reporter: and the department is filling the gaps with overtime but officers are getting exhausted and injured and the department admits that it's not something they can keep on doing forever. relief is coming, though. another 60 officers should be hitting the streets after they graduate from the academy this summer. live in san jose, kiet do, cbs 5. this is the most roughest, toughest, bumpiest road i've ever seen. >> if your neighborhood roads are bad, the neighborhood with the absolute worst, and it's about the last place you would expect. tonight, the popular drink that may now be linked to more than a dozen deaths. >> i just can't believe eric is gone, because he was so full of life. >> she blames a tattoo for the death of her son. how the tattoo industry has changed because of this bay area mom. ,, [ female announcer ] this is the story of eves. [ eves ] years ago, i hurt my shoulder drag racing. that's when i decided to take it easy, so i took up hang gliding. [ female announcer ] a grandpa who refuses to grow up. [ eves ] the pain was bad, but the thought of not being a hang glider pilot was worse. [ female announcer ] that's when eves turned to sutter health's palo alto medical foundation. [ eves ] the doctors that i dealt with, they got it, that this old guy wanted to return as a hang glider pilot. they got me flying again. [ female announcer ] palo alto medical foundation, and sutter health -- our story is you. but for a plane! a backup on a northern california highway, not because of an accident, but because of a plane. the pilot lost engine power mid flight, so he landed in the only spot he could find. the median on highway 65 near roseville. >> it's something that you train for and you practice for, so, you know, you find yourself, you know, when it actually happens, all that training comes back. >> yeah. so how did they get that plane off the highway? exactly. the most logical way. pilot fixed the problem. chp shut down the traffic and the plane took off, back to the airport. we've all driven on bumpy, bad streets. but when it comes to potholes one affluent bay area community is the unexpected king of the road. strap in. mike sugerman takes us for a ride. >> reporter: this is a view of the picturesque town of marksburg. >> i work for numerous driving companies, and this is the most roughest, toughest, bumpiest road i've ever seen. >> reporter: in the report from the metropolitan transportation commission, larksburg has the worst roads in the bay area, tied for last with sonoma. >> bikes get beat up a little bit more. they're going through tires faster and we get a lot of people on mountain bikes as well. >> it's true we have very poor quality roads. >> reporter: the city manager says yes, the town is amongst the wealthiest in the bay area... >> competing demands are really difficult. >> reporter: don't think the city isn't doing anything to fix its roads up. they just sunk a ton of money into fixing up the city's main road by the high school. and this, this is smooth. unfortunately, it's not an andre carter's route. >> someone has to do something about this. >> reporter: they're trying. >> i want to pursue possibly getting money through a revenue measure through the voters. >> reporter: andre carter can't afford to live here, but if he could, he'd sure vote for it. 13 deaths may now be associated with a highly caffeinated energy drink five- hour energy. the feds are looking into reports of the death over the last four years, as well as reports of heart attacks, convulsions and miscarriages. the fda says just because a report is filed does not necessarily mean that the product is the cause of the injury. >> for people that have high blood blood pressure or anxiety disorders, even cases of depression, it can really mess up the body. >> last month, the fda received five reports of deaths after consumers drank another highly caffeinated drink, monster emergency. the make of five-hour energy says its product is safe when used as directed. her son got a tattoo and then something went terribly wrong. turns out, the state only requires two hours of training for tattoo artists compared to hundreds of hours for manicure artists. what that tattoo community has to do because of a bay area mother. >> eric was a very friendly, very funny boy. >> reporter: eric was the type of guy who would help out a bullied kid and then manage to make him laugh. >> he was a lucky kid in the sense that he was very happy. >> reporter: but after getting a tattoo in 2003, the uc davis junior died. his mom, nancy, forced to bury a 21-year-old child. >> to this day, i can't believe that eric is gone, because he was so full of life. >> reporter: with a heart of gold, despite being born with a hole in his heart, called a heart murmur. he got an infection after getting the tattoo and that infection affected his vulnerable heart. it wasn't until after loading eric that nancy realized tattoo artists and body piercers have no state standards for sterilization. in fact, you need 400 hours of training to do a manicure in california, 1500 to cut hair had. but the state of california requires zero training for anybody to tattoo or pierce someone. >> you and i could go out and give somebody a tattoo? >> you and i can set up shop and do it out of the back of our van if we wanted to. >> reporter: and this is what can happen, nasty infections and the spread of diseases like hepatitis and aids. she wrote a law that just went into effect in july, requiring tattoo artists have a minimum of two hours of blood-borne pathogen training each year. they'll also have to pay a registration fee to cover the cost of random infections. but considering how much training you need to cut hair in california, eric's family doesn't think the law goes far enough. >> it's an invasive procedure, so of course people need to be trained and they need to know what they're doing. >> reporter: she admits her law could go further but says it took six years to pass this version. even though it will cost artist michael more than $350 a year in fees and training costs, he thinks it's good for his industry. >> i don't mind paying it if it's going to shut down shops that are hurting people. >> reporter: there's no telling if eric would still be here if the law was in place when he got his tattoo. >> it's been nine years. does it ever get any easier? >> no. >> reporter: nancy hopes these new regulations will spare other families the pain she still lives with every day. >> anyone caught breaking that law will face a $1,000 fine. a set of triplets have tipped the scales right into the record book. jason and brittany's boys arrived in sacramento on november 8, weighing a combined 20 pounds. that makes them the heaviest set on record by more than a full pound. >> i was pretty much eating every couple of hours. eating like a normal-people meal. >> so you were, they say, eating for four? >> i was eating for like 17. >> at birth, sydney weighed a whopping 7 pounds 8 ounces. elliott came in at 7.3. and little jenson, 5.5. look at them! >> so cute. jenson has got some catching up to do. coming up, find out why this picture right here is going to change. i've got a picture of the hungriest squirrel in the bay area. coming up. ,,,,,,,,,,,,,,,,,, [ female announcer ] welcome one and all to a tastier festive feast. so much to sip and savor, a feeding frenzy to say the least. a turkey from safeway will have everyone raving. there's fresh, natural, frozen, whatever you're craving. spend 25 dollars and a frozen safeway turkey is 59 cents a pound. or spend 25 dollars and get a fresh safeway select turkey for 99 cents a pound. so raise your glass, pull up a chair, grab a plate. this tastier thanksgiving is well worth the wait. safeway. ingredients for life. paul wrap paul wrap the best goal of the weather time. we answer the question, what happens to your pumpkins if you leave them outside for a couple of weeks after halloween? >> that's the hungriest squirrel! we have some changes to talk about weather-wise. this radar shot behind me will not look the same this time tomorrow. rain moving in from the west. dry right now on high-def doppler but that's going to be changing. oakland, mild, 59. san francisco, right there too. san jose down to 54. and 47 for concord, livermore and santa rosa. oakland, 51. in the santa clara valley, likely the upper 40's when you wake up and get the kids ready for school tomorrow. satellite and radar, it's that cloud a couple miles offshore that will really play with our weather for the next several days. as it approaches tomorrow, we'll have clouds but no rain. rain will hold off until tomorrow night. but when the rain gets here, which will be friday morning, we'll have on-and-off rainfall for three straight days, friday through sunday. rain will be steady to heavy at times. it will not rain all day. washouts i don't see but it certainly will impact your outdoor plans over the weekend. tomorrow, we're cooling down but just getting back to where we should be in time of year. livermore will still be a couple degrees above average. san mateo, mid 60's with mainly cloudy skies. upper 60's likely for richmond, berkeley, mill valley. 64 tomorrow in downtown san francisco. rain is here on friday. rain sticks around for the weekend. low to mid 60's. it's out of here for monday and tuesday, so the niners game should be dry, but rain comes back next wednesday. here's sports. i have the best goal of the year. and can the kid save the warriors? tip-off is next. ,,,,,,,,,,,,,,,,,,,, straight game monday night o bears. 49ers quarterback alex smith is back at practice and appears ready to start in his 27th straight game monday night against the bears. smith passed a series of concussion tests. he threw passes, a little light jogging. >> i felt good today. everything i've gone through, i felt good. it's really not up to me, though. when your vision is not what it should be, i went on the sidelines, sat down, and it just seemed to continue to get worse, so... >> bears and niners on monday night. our coverage starts at 9:00 with mobile 5 making an exclusive appearance with ken bastida. somebody, anybody has gotta step up for the warriors and that happened tonight against atlanta. it was the rookie nelson. it got physical. david lee and zaza. harrison barnes had a breakout game. 19 points, 13 boards. late fourth quarter, here's stephen curry. he had 12 points. warriors win it 92-88. tampa bay's david price ties with justin verlander for the cy young. there's a landslide in the national league with 38-year- old r.a. dickey. he became the first knuckleballer to win the award. manny ramirez made his winter ball debut in the dominican republic. check out what happened on the first pitch. [ announcer speaking foreign language ] >> adios! that's right. we'll get nate robinson. look at this fake. good thing he's only 5-foot-9. no. 3, t-wolves and bobcats. bobcats, winners tonight. no. 2, kevin garnet has gotta have eyes in the back of his head. celtics win. and no. 1, best of the year, a kick from ten yards outside the goalie box. not only that, that was his fourth goal of the match. sweden beats england. 4-2, the final there. that is just a spectacular goal. i haven't seen anything better than that. >> off came the shirt. >> and we're going to have -- we'll be back. ,,,,,,,,,,,,,,,,,,,, tomorrow morning at 4-30. david letterman is going to be funny with alec baldwin. >> from new yor
in french. je m'appelle craig. geoff: i so wish i could grab your tie right now. [laughter] craig: bon oui, everybody.,,,,, [ female announcer ] welcome one and all to a tastier festive feast. so much to sip and savor, a feeding frenzy to say the least. a turkey from safeway will have everyone raving. there's fresh, natural, frozen, whatever you're craving. spend 25 dollars and a frozen safeway turkey is 59 cents a pound. or spend 25 dollars and get a fresh safeway select turkey for 99 cents a pound. so raise your glass, pull up a chair, grab a plate. this tastier thanksgiving is well worth the wait. safeway. ingredients for life. you're watching cbs 5 eyewitness news in high definition. a hiker plunges to his death on the cal campus. the nightly ritual that took a tragic turn. good evening. i'm ken bastida. >> i'm dana king. the man's body was found on the hillside of the edge of campus. cbs 5 reporter christin ayers on grizzly peak boulevard right now. >> reporter: and firefighters just left here a short time ago after coming to this scene to recover the body of the 20-year- old man who had been hiking with his friends in this area this evening. they make this hike every night. but tonight, those friends called police when the man disappeared. police searched the area and found his body some 200 feet down a rocky ravine. authorities are trying to figure out if he lost his footing and fell. he was pronounced dead at the scene. firefighters had to come out and search this area and then finally remove the body from the area and hand it over to the coroner's office, all of this happening on uc berkeley property. but authorities are telling us this evening, although they are not giving me the identity of this man who this happened to, they are saying he was not affiliated with the university and at this time they're saying it does not appear this incident was foul play, although they are still investigating. christin ayers, cbs 5. two young women turned the table on a burglar when he broke into an apartment on playa del rey in san rafael. juliette goodrich says the women left their mark on that suspect. >> reporter: they certainly did. it's an amazing story. these brave women, ages 18 and 19, are probably alive today because of a cell phone and their attacker's knife. neighbors in the playa del rey apartments recall hearing something unusual last night. debra thinks back 24 hours ago. >> when we were just turning off the tv and getting ready to go to bed, with ejust heard like a shouting -- we just heard a shouting noise and just had assumed it was neighbors in the neighborhood. >> reporter: but police say debra may have been hearing the shouting cries for help from two young women after a man broke into their apartment. police say these were quick- thinking women. when this suspect broke into the apartment, one of the victims grabbed a phone and called 911 immediately. the other victim, who was being attacked, was able to turn the knife back on the suspect, stab him several times in the chest, before he took off. police say he took off wearing a black hoodie covering his face. >> kind of scary when you have young people in the house with you too. >> reporter: and despite being so shaken up, these women gave quite a good description to police. the suspect is described as a hispanic man between the ages of 19 and 25, around 5-foot-6, with a thin build, high check bones and sun spots on his face. he also suffered those stab wounds to his chest and to his face, so police have alerted nearby hospitals in case he checks in to seek medical attention. that's the latest from san rafael, juliette goodrich, cbs 5. nancy pelosi is staying on as house minority leader. it was all smiles and cheers when she made that announcement. but then came a question about her age. >> oh, discrimination. discrimination! >> next. >> pelosi, who is 72, was clearly irritated. cbs 5's elizabeth cook on the question, the answer, and the bigger picture. liz? >> reporter: well, dana, pelosi says she's staying on because there is still work to do. but then the temperature of the room changed, all because of a question that inferred it was time for the congresswoman to let younger folks have a chance. emily post taught us to never question or ask a woman about her age. apparently, this reporter didn't read her book. >> you're over 70. doesn't that prohibit younger leadership from moving forward? >> so you're suggesting that everybody step aside? >> i'm just saying, doesn't that delay younger leadership from moving forward? >> let's for a moment honor it as a legitimate question, although it's quite offensive, but you don't realize that, i guess. the fact is -- the fact is that everything that i have done in my -- i guess decade now of leadership is to elect younger and newer people to the congress. >> i think it's offensive, because it's often tailored toward women and there's a lot of male senators. >> reporter: she was just elected to the board of supervisors. at 38, she is considered practically a teenager in the political world. but she says age is a virtue. >> as a young girl, i've always admired her. >> reporter: pelosi went on to talk about the number of women in congress. in fact, for the first time ever, women and minorities will make up the majority in the democrat caucus. the face of politics is no doubt changing. joe tuman says, we aren't there yet. >> you'll know this is no longer an issue in this country when we're not doing stories about this anymore, when we don't refer to someone by genderrizing them in some way. >> reporter: nancy pelosi is one of the biggest fund-raisers for the democrat parties. some say her decision to stay on just gives republicans more fuel for their fire. democrats say she's a lock. elizabeth cook, cbs 5. the president faced rapid-fire questions today at his first full-blown press conference in months and drew some clear battle lines. >> reporter: the president wasted no time attacking republicans who have criticized u.n. ambassador susan rice, a possible candidate to replace hillary clinton as secretary of state. >> for them to go after the u.n. ambassador, who had nothing to do with benghazi and besmirch her reputation, it's outrage. >> a modest tax increase on the wealthy is not gonna break their backs. they'll still be wealthy. >> reporter: and on the growing cia sex scandal that took down david petraeus. >> i have no evidence at this point, from what i've seen, that classified information was disclosed, that in any way would have had a negative impact on our national security. >> the military has suspended the security clearance for the woman at the center of the petraeus scandal. paula broadwell is a former army intelligence officer who had high clearance. meantime, cbs 5 has learned the identity of the identity of the person who first brought the case to the bureau, frederick humphries. he's a friend of jill kelly. after years of telling you about all the doom and gloom, all the dire warnings, i had to do a double-take on this one, because today we learned that california may soon have a budget surplus. legislative budget analysts say that the deficit will be about 1.9 billion this fiscal year. and we could see surpluses by 2014. and just a few months ago we were talking about a $16 billion deficit. >> we have to pay down our debt. we've borrowed from the schools, from the redevelopment fund. governor schwarzenegger's economic recovery fund. we borrowed from the people, from local government. and we've gotta pay that back. >> a lot of the revenue will come from the prop 30 tax hikes which voters approved last week. the state's finances might be looking up, but many bay area cities are still struggling and we're seeing and feeling the effects every day. police officers in san jose, for instance, are resigning instead of putting up with lower wages and lower benefits. there are now less than 1,000 police officers available for full duty, and only 70% of those are out in the street. it's bad. kiet do says there may be a silver lining. >> reporter: clark has a front- row seat to san jose's rising crime rate, when he caught a burglar red-handed in his bedroom. >> you don't expect somebody in your home that doesn't belong there. >> reporter: he used to be the neighborhood watch vice president. he says there have been about ten break-ins in the area in the past six months. he said with fewer cops on the streets, prowlers are getting bold. >> when things go wrong, we need officers there to support us. >> reporter: san jose police have written a special memo to the city about the police shortage. >> the numbers are not good. >> reporter: over the past decade, sjpd went from a high of 1,420 officers to 1024 today. it now drops down to 978. minus detectives, support staff and administration and you're left with just 583 officers for patrol. sergeant dwyer says they put as many cops on the street as they possibly can. >> you're going to be robbing peter to pay paul. >> i would be shocked if there's police layoffs in the next round. we simply can't afford to do that. and i don't think there's anybody on the council that would even consider supporting anything like that. >> reporter: and the department is filling the gaps with overtime but officers are getting exhausted and injured and the department admits that it's not something they can keep on doing forever. relief is coming, though. another 60 officers should be hitting the streets after they graduate from the academy this summer. live in san jose, kiet do, cbs 5. this is the most roughest, toughest, bumpiest road i've ever seen. >> if your neighborhood roads are bad, the neighborhood with the absolute worst, and it's about the last place you would expect. tonight, the popular drink that may now be linked to more than a dozen deaths. >> i just can't believe eric is gone, because he was so full of life. >> she blames a tattoo for the death of her son. how the tattoo industry has ,,,, but for a plane! a backup on a northern california highway, not because of an accident, but because of a plane. the pilot lost engine power mid flight, so he landed in the only spot he could find. the median on highway 65 near roseville. >> it's something that you train for and you practice for, so, you know, you find yourself, you know, when it actually happens, all that training comes back. >> yeah. so how did they get that plane off the highway? exactly. the most logical way. pilot fixed the problem. chp shut down the traffic and the plane took off, back to the airport. we've all driven on bumpy, bad streets. but when it comes to potholes one affluent bay area community is the unexpected king of the road. strap in. mike sugerman takes us for a ride. >> reporter: this is a view of the picturesque town of marksburg. >> i work for numerous driving companies, and this is the most roughest, toughest, bumpiest road i've ever seen. >> reporter: in the report from the metropolitan transportation commission, larksburg has the worst roads in the bay area, tied for last with sonoma. >> bikes get beat up a little bit more. they're going through tires faster and we get a lot of people on mountain bikes as well. >> it's true we have very poor quality roads. >> reporter: the city manager says yes, the town is amongst the wealthiest in the bay area... >> competing demands are really difficult. >> reporter: don't think the city isn't doing anything to fix its roads up. they just sunk a ton of money into fixing up the city's main road by the high school. and this, this is smooth. unfortunately, it's not an andre carter's route. >> someone has to do something about this. >> reporter: they're trying. >> i want to pursue possibly getting money through a revenue measure through the voters. >> reporter: andre carter can't afford to live here, but if he could, he'd sure vote for it. 13 deaths may now be associated with a highly caffeinated energy drink five- hour energy. the feds are looking into reports of the death over the last four years, as well as reports of heart attacks, convulsions and miscarriages. the fda says just because a report is filed does not necessarily mean that the product is the cause of the injury. >> for people that have high blood blood pressure or anxiety disorders, even cases of depression, it can really mess up the body. >> last month, the fda received five reports of deaths after consumers drank another highly caffeinated drink, monster emergency. the make of five-hour energy says its product is safe when used as directed. her son got a tattoo and then something went terribly wrong. turns out, the state only requires two hours of training for tattoo artists compared to hundreds of hours for manicure artists. what that tattoo community has to do because of a bay area mother. >> eric was a very friendly, very funny boy. >> reporter: eric was the type of guy who would help out a bullied kid and then manage to make him laugh. >> he was a lucky kid in the sense that he was very happy. >> reporter: but after getting a tattoo in 2003, the uc davis junior died. his mom, nancy, forced to bury a 21-year-old child. >> to this day, i can't believe that eric is gone, because he was so full of life. >> reporter: with a heart of gold, despite being born with a hole in his heart, called a heart murmur. he got an infection after getting the tattoo and that infection affected his vulnerable heart. it wasn't until after loading eric that nancy realized tattoo artists and body piercers have no state standards for sterilization. in fact, you need 400 hours of training to do a manicure in california, 1500 to cut hair had. but the state of california requires zero training for anybody to tattoo or pierce someone. >> you and i could go out and give somebody a tattoo? >> you and i can set up shop and do it out of the back of our van if we wanted to. >> reporter: and this is what can happen, nasty infections and the spread of diseases like hepatitis and aids. she wrote a law that just went into effect in july, requiring tattoo artists have a minimum of two hours of blood-borne pathogen training each year. they'll also have to pay a registration fee to cover the cost of random infections. but considering how much training you need to cut hair in california, eric's family doesn't think the law goes far enough. >> it's an invasive procedure, so of course people need to be trained and they need to know what they're doing. >> reporter: she admits her law could go further but says it took six years to pass this version. even though it will cost artist michael more than $350 a year in fees and training costs, he thinks it's good for his industry. >> i don't mind paying it if it's going to shut down shops that are hurting people. >> reporter: there's no telling if eric would still be here if the law was in place when he got his tattoo. >> it's been nine years. does it ever get any easier? >> no. >> reporter: nancy hopes these new regulations will spare other families the pain she still lives with every day. >> anyone caught breaking that law will face a $1,000 fine. a set of triplets have tipped the scales right into the record book. jason and brittany's boys arrived in sacramento on november 8, weighing a combined 20 pounds. that makes them the heaviest set on record by more than a full pound. >> i was pretty much eating every couple of hours. eating like a normal-people meal. >> so you were, they say, eating for four? >> i was eating for like 17. >> at birth, sydney weighed a whopping 7 pounds 8 ounces. elliott came in at 7.3. and little jenson, 5.5. look at them! >> so cute. jenson has got some catching up to do. coming up, find out why this picture right here is going to change. i've got ,,,,,,,,,,,,,, paul wrap paul wrap e best goal of the weather time. we answer the question, what happens to your pumpkins if you leave them outside for a couple of weeks after halloween? >> that's the hungriest squirrel! we have some changes to talk about weather-wise. this radar shot behind me will not look the same this time tomorrow. rain moving in from the west. dry right now on high-def doppler but that's going to be changing. oakland, mild, 59. san francisco, right there too. san jose down to 54. and 47 for concord, livermore and santa rosa. oakland, 51. in the santa clara valley, likely the upper 40's when you wake up and get the kids ready for school tomorrow. satellite and radar, it's that cloud a couple miles offshore that will really play with our weather for the next several days. as it approaches tomorrow, we'll have clouds but no rain. rain will hold off until tomorrow night. but when the rain gets here, which will be friday morning, we'll have on-and-off rainfall for three straight days, friday through sunday. rain will be steady to heavy at times. it will not rain all day. washouts i don't see but it certainly will impact your outdoor plans over the weekend. tomorrow, we're cooling down but just getting back to where we should be in time of year. livermore will still be a couple degrees above average. san mateo, mid 60's with mainly cloudy skies. upper 60's likely for richmond, berkeley, mill valley. 64 tomorrow in downtown san francisco. rain is here on friday. rain sticks around for the weekend. low to mid 60's. it's out of here for monday and tuesday, so the niners game should be dry, but rain comes back next wednesday. here's sports. i have the best goal of the year. and can the kid ,,,, it's time to change the way we clean. it's time to free ourselves from the smell and harshness of bleach. and free ourselves from worrying about the ones we love. new lysol power & free has more cleaning power than bleach. how? the secret is the hydrogen peroxide formula. it attacks tough stains and kills 99.9% of germs. new lysol power & free. powerful cleaning that's family friendly. another step forward in our mission for health. straight game monday night bears. 49ers quarterback alex smith is back at practice and appears ready to start in his 27th straight game monday night against the bears. smith passed a series of concussion tests. he threw passes, a little light jogging. >> i felt good today. everything i've gone through, i felt good. it's really not up to me, though. when your vision is not what it should be, i went on the sidelines, sat down, and it just seemed to continue to get worse, so... >> bears and niners on monday night. our coverage starts at 9:00 with mobile 5 making an exclusive appearance with ken bastida. somebody, anybody has gotta step up for the warriors and that happened tonight against atlanta. it was the rookie nelson. it got physical. david lee and zaza. harrison barnes had a breakout game. 19 points, 13 boards. late fourth quarter, here's stephen curry. he had 12 points. warriors win it 92-88. tampa bay's david price ties with justin verlander for the cy young. there's a landslide in the national league with 38-year- old r.a. dickey. he became the first knuckleballer to win the award. manny ramirez made his winter ball debut in the dominican republic. check out what happened on the first pitch. [ announcer speaking foreign language ] >> adios! that's right. we'll get nate robinson. look at this fake. good thing he's only 5-foot-9. no. 3, t-wolves and bobcats. bobcats, winners tonight. no. 2, kevin garnet has gotta have eyes in the back of his head. celtics win. and no. 1, best of the year, a kick from ten yards outside the goalie box. not only that, that was his fourth goal of the match. sweden beats england. 4-2, the final there. that is just a spectacular goal. i haven't seen anything better than that. >> off came the shirt. >> and ,,,,
car. more than a dozen gun shots rang out across capitol hill. police trying to stop an out-of- control driver that struck a barricade outside the white house. that driver, 34-year-old, miriam carey, a dental hygienist, her 18 month daughter was in the car during the pursuit. this government worker heard it all. >> i heard the initial, what sounded like a string of fire crackers going off. >> chase started more than a mile away. police say carey hit a barricade at the northeast corner of the white house just after 2:00 p.m. she sped off toward the capitol weaving in and out of traffic with the secret service on her tail. police almost had her cornered against sidewalk barricades near the capitol building, but she backed up into a squad car and sped away. that's when the shots rang out. because of the chase and shooting, the entire capitol building was on lockdown. tourists were told to go inside. the chase ended when carey ran a curb. it was after the pursuit that police discovered carey's daughter was in the car the entire time. >> the child is approximately a year old and in good condition. >> fbi agents showed up at carey's apartment complex after the shooting. family and friends telling police carey was a person unlikely to be involved in any kind of violence. they also didn't know why she would be in washington, d.c. 4 1/2 hours away from home. police did not find any weapons in carey's car. two police officers were taken to the hospital for injuries. carey's daughter is in protective custody tonight. and ken, those secret service agents who tracked carey down aren't getting paid. their checks are on hold. >> good thing they got her. thank you for that. the shooting at the capitol didn't help the already slumping stocks on wall street today. the stock market opened lower because of the shutdown, then slipped to their lowest levels in nearly a month. in less than 140 characters, twitter told the world today is moving forward with plans go public. the san francisco based company tweeted, it had filed with the sec and thus revealed the documents leading to an ipo. we learned the company had $317 million in revenue last year and hopes to raise $1 billion through its initial offering. this will likely be the hottest tech ipo since facebook. my opinion about these big ipo's, especially the ones publicized, they have nothing do with ordinary investors and you or i, should we manage to get in, would buy a small amount at a price that has been inflated. >> if there are no hickups, twitter could be trading in five weeks. the company didn't say whether it would be listed on the new york stock exchange. new at 10:00, people in oakland's rock ridge neighborhood are trying something new to stop crime. kristen ayers on how they are paying for their own private security force. >> it began with a bold stickup at a casual car pool last week. one of the victims, amy's neighbor. >> there's been a more serious uptick and more brazen nature. >> in six months, there have been 28 robberies, 32 burglaries and eight assaults in this enclave and neighbors got fed up. >> let's use modern technology to bring the community together. >> they wanted private security guards to patrol their streets. but how to raise the money? they launched a page on crowdtilt.com, urging people to contribute to the cause. it's been a week and we raised around $20,000. >> in just a few day, another neighborhood raised more than $13,000 on crowd and a third just over $1,000. but does private security even work? one oakland's oakmore neighborhood hasn't seen a home burglary for seven months since hiring a private guard. not everyone is convinced. >> what would be nice is if the city council would find a way for the police department to fill in those roles. >> worries bringing in private guards to each neighborhood will have an isolating effect. >> we have our own security forces and the next block over has their own security forces and we are no longer a functioning city that has a police department. >> this is just a trial run. $24,000 will buy six months of 12 hour patrols five days a week. >> this is something people want, we can come together and do it, if it's not, then it can stop. >> in oakland, kristen ayers, kpix5. >> neighbors are considering donating to neighborhoods who can't afford their own neighborhood security. >> the cooling off period ends and bart could strike for a second time. the two sides did agree on pensions, but as joe vasquez tells us, there is still a ways to go before there is a deal to stop a strike. >> it went well. >> the negotiating session ended around 6:15 this evening. how did it go today? the union say there were two small counterproposals pushed back and forth across the table. no details, but bart didn't offer very much. >> proposal that the district brought is disappointing to say the very least. >> both sides are going back to their respective camps to do some research and talk things over. so, that's where we're at. >> i asked the union leaders about a new poll from the council that says the unions should just give up. >> 63% of people who live in the bay area counties say you should just take the deal, be done with it, take bart's deal, and let's reach a settlement. what do you say to that? >> the bay area council is made up of large corporations that have a history of trying to drive down working family wages. so, you can take that for what it's worth, who did they ask? did they ask for 1% or 99%? >> a lot of people use bart who don't want to strike. they may be saying, come on, let's get it done. what do you say to those writers? >> we don't want to strike. i don't think you heard any union representative say that they wanted to strike. this situation has been perpetrated by the district's lack of action in seriousness and bargaining in bad faith. >> negotiations are scheduled to continue tomorrow. both sides will be back at the caltrans building at 9:30 a.m. in oakland, kpix5. >> the unions are now asking for a three-year deal. they want a 3.75% raise the first two years and a 4% raise in the final year. bart wants a four-year deal with annual 2 1/2% raises. a massive collision after a pickup truck cut in front of a school bus carrying students from san jose high this afternoon. this all happened about 4:00 p.m. on 28th and julian streets. after the pickup truck hit the bus, it spun out of control and hit an suv. about a dozen kids were on the bus at the time. three of them had to be treated for back and neck injuries. the driver of the suv also being treated for minor injuries. the accident does not appear to be alcohol related. also in san jose, a small plane made an emergency landing this morning on the capital expressway. the pilot brought down the plane, dodging power lines and cars after some sort of malfunction shortly after takeoff from the reid hill view airport. no one was injured, but it made a mess of the morning commute. >> at least ten people are looking for new homes tonight after a fire destroyed part of an apartment complex in sunny vail. the fire consumed the two story building on west california avenue at around 3:00 p.m. the red cross is working on finding them temporary housing. we still don't know how it started. in stockton, a fire that started at a recycling plant quickly got out of hand as flames crept very close to interstate 5. smoke could be seen for miles. at one point, it got so bad, both directions of i-5, they were temporarily closed. strong winds continue to blow hot embers creating multiple spots and fires in the area. crews say they will remain on scene throughout the night using dozers and spraying water until the flames are out. it wasn't easy, i had to do what i needed to do to feed my son. >> millions of californians on food stamps, but millions more don't even have access to them. why the state comes in last place when it comes to helping the hungry. >> once booming bay area businesses are looking more like ghost towns, why the government shut down is partially to blame. >> it has our whole life upside downright now. >> the car was smashed and she was not to blame. a bay area woman is on the hook for the damage. the crucial coverage that she did not have. >> clear skies once again over san francisco bay. another clear night is on tap. i have several days that will be warmer than normal. several days cooler than normal. we'll talk about when each of them will hit coming up in my forecast next. ,,,,,,,,,,,, kpix 5's sharon chin looks why they're missing out on n benefits... and more than 3 million californians are not getting them. kpix5 takes a look at why they are missing out on billions in benefits and what is being done to make sure that more people don't go hungry. >> it's going to get better. >> this single mom got layed off a few times in the last several years. even with new jobs, she had to rely on food stamps. >> it wasn't easy. i had to do what i needed to do to feed my son. >> but applying for california's food stamp program was not easy. >> paperwork, paperwork, paperwork. >> at least that mom got help. just over half of californians who qualify or enrolled in the program. california comes in dead last in food stamp participation. >> it is very frustrating, because it's a significant benefit. >> alexis says some people don't even know they qualify. >> there's been a lot of changes in the programs. they may have been denied previously and don't understand they may be eligible today. >> it's very confusing for people. that's if they have all the documents. >> cindy says unlike other states, californians have to visit a different office each time they apply for a different benefit, like medical or housing, even if they get the same information again and again. >> currently, data bases don't talk to one another. >> california is stuck in the bottom. that makes san mateo county among the worst of the worst. >> many times we talk to families working one, two, three jobs that can't make ends meet. >> what is being done to get families the food they need? lawmakers are reducing the paperwork. and they eliminated the fingerprinting requirement and cal fresh is allowing applications off site. folks at second harvest, for example, can help people sign up while they send them home with food. even better, says mcallen, why not apply once? >> why don't we have one application for general assistance for human needs? >> that would have been a lot easier for this mom. >> it was a lot. and you think you're not going to get through it and, but you do. >> sharon shin. >> the governor has until october 13 to sign two measures that could streamline the application process. one would require less documentation of childcare expenses. apply for cal fresh at the same time they apply for med call. >> california is now one of ten states that will allow illegal immigrants to apply for driver's license. governor brown signed that law today. the state won't start issuing licenses until january of 2015. >> president obama is canceling his trip to asia next week because of the government shutdown. he will stay in washington to continue for pressing for a short-term spending bill. he isn't too hopeful house republicans will budge. >> john boehner won't even let the bill get a yes or no vote. because he doesn't want to anger the extreme u.s.es in his party. >> meantime, house republicans are trying to reopen parts of the government. today they pushed a bill to pay national guard troops. senate democrats still say they want a complete spending plan. a new cbs news poll shows 72% of americans disagree with shutting down government services over the affordable care act. more americans blame house republicans for the impasse than the president and senate democrats. many small businesses rely on government workers, of course, to stay afloat and some mom and pop shops are taking a hit from this shutdown. >> it's a nightmare. >> yeah, here's a look at the inside of uncle willie's barbecue. at lunchtime, normally bustling, it was empty today. just one of the small businesses surrounding the federal building that depends on the thousands of federal workers there. owners say sales are down 50% the last few days and they are having to send employees home. meanwhile, in the sierra nevada, one of the many national parks that is officially off limits. everyone had to be out by 3:00 this afternoon. the park is furloughing more than 600 workers during the closure. >> too bad, because this time of year is just gorgeous up there. >> what a weekend we're going to have. you don't have the crowds because kids are back in school and you can't get in. we have to stay at home, this is a good place to call home because the weather will be nice. a little warm, but it's going to be sunny through the stretch and rain-free. a live look from the trivalley. what a great shot there of where 580 and 680 come together. and we have another clear shot here of the city looking live from our rooftop toward the bay bridge, not a single cloud in the sky. a couple things to get through first. we have windy conditions continuing in the higher elevations. localized wind gusts, just like today, 40, 45, 50-mile per hour winds. because of that wind, the dry wind, a high fire danger, red flag warning through saturday morning because of the wind gusts and low relative humidity. watch out if you're going to be out and about in the higher elevations. we have a big baseball game tomorrow. tigers and the a's. check out the first pitch temperature. 75 degrees at 6:30 at night. it is going to be very warm out there and here's the reason why. the reason why is because it's snowing in montana. we have low pressure there, which is causing that and that low pressure, where it is off to our east around here in the bay area is giving us a north flow. yes, snow in montana impacts our weather here. the same low is giving us the offshore wind. if you're heading to the beach, close to 80 degrees. high pressure will move in, throwing that low out. when that happens, we get the on shore flow back, cooler weather, that will happen toward the top of next week. the next three days are going to be warm. and on saturday, near the coast, you may be up near 80 degrees. highs tomorrow in the 80s. oakland 81. liver more 82. 79 for sunny vail. heyward 78. 82 for pleasant hill and san ramon. sunshine in the city tomorrow, a high of 76 degrees. here's your extended forecast, calling for warm and sunny weather. out of the comfort zone for some of you. we will cool off next monday and stay in the 70s inland. low 70s here today. much of next week. if we like it warm, we have that. if you like it sunny, you're in paradise. >> very beautiful forecast. >> cool. gorgeous. thanks, paul. just because your not to blame if your car gets smashed doesn't mean you'll automatically collect the damage. >> julie watts explains, your insurance company won't always go to bat for you if the other driver is at fault. >> you can still see the markings right here from the car, too. >> melissa's pickup truck has been through a lot and so has melissa. >> all right. >> her main gold dodge ram has been sitting in front of her house. >> i was asleep when it happened. >> then, barbra got another shot. even though the driver has insurance and so does she, she doesn't have collision insurance, so getting her truck fixed isn't going be so easy. >> i don't give a darn if i have collision insurance. it wasn't my vehicle that caused the collision. my truck was on the side of the road. >> like many car owners, barber doesn't have the optional coverage intended to repair damage if it's in an accident. >> it's a tricky situation. >> and insurance industry spokesman says, even when there's no question that the other driver is to blame, car owners without collision coverage often have to do much of the work themselves to get their losses covered. he says while your insurance company should provide information about the at fault driver and their insurer, it won't go to bat for you. >> they can't help you. they can get you that information and then it's up to you to move forward with that. >> and that usually means filing a claim with the other driver's insurance company yourself and if they are unresponsive, taking the at fault driver to small claims court. as for melissa, she's prepared to fight, but she doesn't feel she should have to. >> it has our whole life upside downright now. >> we contacted the other driver's insurance company. it's now open to claim and just yesterday, went to her home to inspect the damage. julie watts, kpix5. >> as the a's warm up for tomorrow's big playoff game. tonight the slight is on the san jose sharks. we'll take you to their season opener. next. ,,,,,,,,,, female announcer: the savings really stack up during sleep train's during sleep train's inventory clearance sale. save 10, 20, even 35% on a huge selection of simmons and sealy clearance mattresses. get two years interest-free financing on tempur-pedic. even get free delivery! sleep train stacks the savings high to keep the prices low. the inventory clearance sale is on now! guaranteed! ♪ sleep train ♪ you ticket to a better night's sleep ♪ before the san jose sharks lit up the ice, fans enjoyed a street rally outside the fap center. >> go sharks. >> go sharks. >> aka, shark tank. the preparty, courtesy of the black and teal, a bmx stunt team, a dunk the canucks tank, and let's not forget the face painting. >> what if i told you that you look ridiculous? >> i would say you're right. >> it's the atmosphere, everybody having a really good time. it's a very big community event. it's really like, go sharks. >> i like the hoody. san jose went on to win tonight's home opener against vancouver 4-1. >> sharks. >> sports is coming up, but since you have given it away, the giants fans thank you. the giants fans are not going to be happy with what happened in the playoffs and the puck drops from the opening night at the tank. i think you already know what happen, next. ,, ,, ,,,,,,,,,, fans in the bay area say to themselves, this is in the stanley cup, nchts it's that time of the year, is this finally the year that we win the stanley cup? thank you very much. anything else you want to give away? there is patrick marlowe, down 1-0 after one. ties it with a wrist shot and justin braun, he had not scored in 19 months. he shoots, he scores, and the sharks take a 2-1 lead. extra insurance in the 3rd, the steal, zips past marlowe, 3-1. and then 18 seconds later, tommy is on the doorsteps and the sharks win their season opener dominating 4-1. dodgers, braves, game one. clayton kershaw, 7 innings pitched. he had 12 strikeouts on the night. braves fans just shaking their heads, but adrian gonzalez goes deep center field. dodgers take game one on the road against atlanta 6-1. fans in st. louis made lots of noise this afternoon. former giant, carlos beltran continues to get it done in the post season. three-run shot gave the cards a 3-0 lead. they go on to win over the pirates. a final count of 9-1. i think the dodgers are going to be tough to beat, you know, they win a game on the road. they are playing without matt kemp. >> it could be dodgers, a's, you never know. ,,,, ♪ at kaiser permanente we've reduced serious heart attacks by 62%, which makes days with grandpa jack 100% more possible. join us at kp.org and thrive. back in our day, we couldn't just move the tv wherever we wanted. yeah, our birthday entertainment was a mathemagician. because if there's anything that improves magic, it's math. the only thing he taught us was how to subtract kids from a party. ♪ let's get some cake in you. i could go for some cake. [ male announcer ] switch and add a wireless receiver. get u-verse tv for $19 a month for 2 years with qualifying bundles. rethink possible. joey fatone: it's time to play "family feud." this is joey fatone from universal orlando resort in sunny florida. and now, here's the star of ou show, give it up for steve harvey! [captioning made possible by fremantle media] steve: how you doing? very good! welcome, everybody. welcome to the "family feud." i'm your new host. i'm steve harvey. we got two great families here
be the holdout. >> we will be reading a statement. we will not be taking any questions. we do not want to strike. we want that to be made clear. >> two of bart's biggest unions under a gag order. the third union comprised of train controllers. >> contention at the table is tenfold. >> talked exclusively to kpix5 tonight. they right-hand turn under a gag order, but they have been under a spotlight. >> i have never been in a situation like this. >> and the president asked the smallest union, says they could be the holdout. >> if we don't come to an agreement, which we hope we do, we could go on strike and the other two unions would honor. >> stacey, e quail pay for equal work. >> i can't believe the media tactic that the district put on their employees. it's almost like they hate us. >> do you have to let bart workers know? >> it could be down to the wire. as for bart management. >> we will continue to talk and we'll talk beyond the end of the cooling off period if necessary. >> so, a lot of riders, in my own interviews, are saying we're tired of this. why can't they come to an agreement? some believe the workers are getting fair pay. ingly don't blame them. it's simply not true. and we're not on the news slinging mud. >> now this third union asked me if negotiating at a separate table down the street from here. everyone tonight, all three unions are now calling it a done night and they'll be back here tomorrow at 10:00 a.m. >> are the unions required to give that 72 hour strike notice? >> they did in the past strike, that 72 hour notice is really just a courtesy. they don't have to. maybe there is some small glimmer of hope because they didn't issue that or they aren't going to, that maybe these workers won't go off the job. no strike notice, but no contract deal either. stay with kpix.com for up to the minute developments. >> the government shutdown last week, the nation could default on its loans next week. so, what is being done to end this thing? both sides are still digging in. republican speaker, john boehner, wants negotiations. won't allow a vote on a bill until then. boehner says there's not enough votes to pass it. president obama says prove it. >> my very strong suspicion is, there are enough votes there. the reason speaker boehner hasn't called a votes on it is because he doesn't apparently want to see the government shutdown end at the moment. >> the senior white house official said the president would rather default than sit down and negotiate. really? >> the bigger concern is ten days from now when the nation will reach the cap on borrowing. republicans won't agree to raise the debt ceiling unless the white house agrees to some spending cuts. the shutdown drama is weighing on the stock market. that's only part of the reason the stocks sank. investors are concerned about that debt ceiling deadline. >> search is on tonight for the man accused of master mining a huge meth ring in san jose. take a look at what under cover officers found in his home. more than two dozen pounds of meth and other drugs, guns, and a lot of cash. so much cash, in fact, that as kit dotels us, deputies had to use something to count it all. >> one deputy said, this is big. this is impressive, i have never seen anything like this before. what is this? >> this is crystal meth. this is in a very, very pure form. >> after a two-yearlong investigation, undercover deputies with the sheriff's office, seized 27-pounds of uncut meth. more than 90% pure. >> i have a feeling if walter white were to see this, he would be impressed. there was so much money, deputies had to use the cash counter. total amount, $825,000. but the grand total for all of it, with the cash, and four pounds of cocaine was $2.3 million. >> i think there's more than this in the county. what makes me real happy is we have this here and our investigators did such a good job to take this amount of drugs off the streets. >> meth were triple wrapped in tupper ware containers. tell tail signs it came from mexican drug cartels. he is a fairly high level distributor who is now on the run from the good guys and the bad guys. >> i'm sure he has someone he buys from, if he's not in charge of processing. it's a big hit to somebody. it will be interesting. that's why we would like to find him. detectives say for his sake, he better hope the cops find him before the cartel gets to him first. kit doe, kpix5. >> deputies recovered two loaded guns. we had been reported stolen by its owner. breaking news. fire fights are on the scene of a fire. it started in the basement of 7th and st. james street. people were using the home to grow pot, but they illegally wired the house for electricity. one person was inside the home and she got out okay. one of heyward's finest stepped down today following allegations he used his authority to commit extortion. ramiro is accused of not arresting a woman suspected in a prescription drug forgery case. instead, police say that he tried to use her to get information about ore crimes. when she refused, he allegedly asked the woman for cash in exchange for letting her go. >> we are not going to be comply sit in any criminal or administrate ifs misbehavior or misconduct on the part of any of our personnel. >> his attorney says he is an army vet and a father of two and has an outstanding reputation for being diligent and ethical. >> a high pressure natural gas pipeline that hats potential to blow up is shut down tonight. a judge ordered pg and e to turn the gas off in line 147 that runs there awe neighborhood through san carlos. the problem that forced the emergency shutdown. >> there's a troubled gas line under the streets of pg and e preferred you not know much about. >> sure r it makes me nervous. >> this is an e-mail pg and e prefer you not know about. it's from an engineer who wrote more than a year ago he had serious concerns about line 47, specifically the welds made in 1929. it's a 3.8-mile pipeline that runs through the heart of town, passed schools and playgrounds. >> i was shocked. >> same welds in the san bruno pipeline that burst into flames two years ago. >> it was thursday we were handed this e-mail from pg and e officials, which contain a statement suggesting by one of their engineers. >> it took an order from the court, that was done last night. >> several months ago, pg and e had torn up the street and everything was fine. >> that was the belief of many here. >> it's been shown that the unfortunate situation, that their recordkeeping has been spotty. >> it was tested in september of 2011. so this pipeline was deemed safe, not just by a pg and e practice, but industry standard. >> pg and e will go to court tomorrow so they can open the pipeline again. in san carlos, kpix5. >> san carlos city officials estimate between 3,000 and 5,000 people live along the route of the pipeline now shut down. >> a salmonella scare stretches across 18 states. why health officials think that it may have originated here in california. >> an armed robber no match for this store clerk. how the employee fought back. >> and how does a boy without a boarding pass get on to a plane without noticing? the surprising new details about this sneaky young osteo stow away. >> right now, not not too bad. clear skies. the forecast coming up. we'll be right back. ,,,,,,,,,,,,,, alert. chicken from california is ma new at 10:00, a public health alert. chicken from california is making hundreds of people sick. joe vasquez talked to a bay area man who was just about to dig in. >> the number is right there. >> ed says he bought foster farms raw chicken today and was about to prepare dinner when he saw a report on kpix at 5:00. turns out, he bought the same chicken and even has the same cereal numbers as the one making people sick. p6137, p6137a. >> why can they put stuff out that has salmonella. it wouldn't happen. >> today, the u.s. department of agriculture food safety and inspection service issued a public health alert saying 278 people got sick with strains of salmonella in 18 states. predominantly california and that the illnesses are associated with raw chicken products. that chicken is being sold right now. in fact, we found it on the shelves of a local grocery tore store tonight. no recall has been issued. >> i don't know why they aren't recalling it. >> dr. lee riley specializes in infectious diseases. yes, you should cook the chicken long enough to kill the bacteria, but it's the company's responsibility to make sure meat tainted with salmonella shouldn't be sold to the public. >> you know, from what we know, this same thing happened in the spring of this year. maybe there's something going on at the plant, i don't know. >> foster farms put out a statement saying it regrets people got sick and taking new safety precautions. foster farms encourages people to thoroughly cook their chicken. a big honor for three college professors, two from right here in the bay area. they won the 2013 nobel prize in physiology or medicine. uc berkeley was honored for his role in discovering the machinery that regulates the secretion of proteins in our cells. >> you think about clever things. all i could say was, oh my god, oh my god, and then i went speechless, i couldn't say anything more. >> stanford professors were also among the honorees. >> san francisco students could be allowed to eat breakfast in class. tonight, a school district committee discussed that proposal. a study has shown students who eat breakfast pay more attention and improf improve their test scores. a prebagged meal during the first ten minutes of their first class. it is only at selected middle and high schools. 100 preschoolers received the gift of learning today. the spanish speaking kids were given bilinglingual toys. a city staffer organized the donation. he wanted to build a stronger relationship with the community. >> if we can reach out to the families and to the kids, they can trust up, helps make our job easier. >> the police department will be handing out more educational toys to other organizations and schools in the coming weeks. and sales for mark is donating $2.7 billion no san francisco middle school. 1.5million will go to technology and infrastructure. students will have ipads and requireless internet access and each principal gets $100,000 to pay for what is needed most at their school. firefighters back this evening putting out hot spots from last night's grass fire. crews were spraying down anything that had a chance of reigniting. to fight any hot spots as well. it was a very different scene from what drivers saw last evening. flames took over the southern side of the island just before 8:00 last night, causing a huge traffic backup on the bay bridge. at first, investigators blamed fireworks, but now say they really don't know how it started. >> there's been a lot of different fires around the bay area. because we've been so dry. >> that doesn't help. and on the subject of firefighters, you know, when hitchcock died in 1929, she left us $118,000. and she said to build something, just build something. you know, to honor the city i loved so much. the supervisor said, well we need a road, but you know what they built instead? they built coit tower, beautiful up there on telegraph hill and tomorrow is its 80th birthday. they will celebrate with an 80th birthday cake inside the tower. that's the work of 27 different artists and some of the descendents of the artists will be there tomorrow to help celebrate and light the birthday cake. right now in concord, it's 65 degrees. oakland has 60 in the city. winds right now are finally beginning to come out of the west and with that nice moist direction, the numbers will begin to cool. you want to talk about winds, go into the tropical pacific. the winds in this are 65 miles per hour. it will become a hurricane tomorrow. it's moving just to the west, but once it becomes a hurricane, it will become a tropical storm, so it doesn't look like it will make it to hawaii. out the door tomorrow morning, a few high clouds, sunny and 61 degrees. but cool weather is on the way because of that low pressure in the pacific northwest. it will push south and it will be sunny tomorrow, which is not as warm tomorrow as it was today. temperatures will bottom out on wednesday and warm it up toward the weekend. overnight, numbers will be near 50 degrees and tomorrow, san jose is at 73. morgan hill 75. these numbers 8 degrees cooler than we had today. 67 and 72 at oakland. extended forecast, cool it down wednesday. not too bad. we'll be in the # 0s instead of the 80s. for october, that's not too bad. >> spectacular. >> the former president, jimmie carter and his wife, head to san jose tomorrow for another day volunteering for habitat for humanity. check it out on the chop saw. 89-year-old carter alongside his wife fired up the saw. the mission, to build affordable homes in one of oakland's poorest neighborhoods. carter says it is the basic human right to have a decent place to live. >> at a fairly modest cost at least for this year. >> the cartes have been working with habitat for humanity all over the world for the past 30 years. learning some new details about a boy who boarded a flight to vegas without a ticket. >> and dean reynolds told us he had been up to no good the day before. >> airport officials say the nine-year-old made two trips to the terminal. last wednesday, he took the train to the airport, lifted a stranger's suitcase from the baggage carousel. there, he had lunch, dropped the bag, and skipped the check after telling the waitress he was just going to the restroom. after that, officials say he went home. surveillance cameras picked him up again the next day being screened at the airport check point. steps away on concourse g, delta flight 1651 was boarding for an 11:15 departure to las vegas. airport officials tell us the surveillance tape shows the boy without a boarding pass darting past an agent. charles, a security consultant for several major airlines says the situation is not unimaginable. >> do you see a 9-year-old child who doesn't look like he is lost or upset. tend to assume he is with somebody that would be required to put him on board an airplane. >> flight was half way to las vegas when the crew realized the boy was not on their list of unaccompanied minors. they called the las vegas police who took him into protective custody. the tsa says the boy was properly screened. whether a recon figured barrier could prevent future stow away episodes. minneapolis. delta airlines is reviewing its procedures after the security breech. no word on why the boy did it and what his parents think about it. what do you do when a guy with a gun demands money. the crazy way this clerk staved off a would be robber. next. ,,,, ready? happy birthday! it's a painting easel! the tide's coming in! this is my favorite one. it's upside down. oh, sorry. (woman vo) it takes him places he's always wanted to go. that's why we bought a subaru. hard way: don't mess with a man and his machete. a would be robber learns the hard way. >> take a close look at this video from a new york deli. a man wearing a mask walks in, pulls out a gun, demands money from the clerk and that's when, wait for it, wait for it, yeah, dude, pulls out a machete, chases the suspect out of the store. >> it's probably best to comply with his demands and give the money up rather than take a chance. where in this case, the clerk was lucky. >> the suspect not as lucky, he got away empty handed. the braves were not quite as lucky. a former giant plays hero tonight. a shocking release by the silver and gold and clear in detroit. show you what happened, next. ,,,, look at them with that u-verse wireless receiver. back in our day, we couldn't just move the tv wherever we wanted. yeah, our birthday entertainment was a mathemagician. because if there's anything that improves magic, it's math. the only thing he taught us was how to subtract kids from a party. ♪ let's get some cake in you. i could go for some cake. [ male announcer ] switch and add a wireless receiver. get u-verse tv for $19 a month for 2 years with qualifying bundles. rethink possible. i guess you can call the a's and tigers rivals after what transpired in the 9th inning of game three. wayne, give me the clock. one of three home runs off american league e.r.a. leader, anabel sanchez, gave the a's a 6-3 lead. he has four home runs off sanchez. slammed the door on the tigers and after fouling off a pitch, victor martinez stares off a little too long for his liking. look at the rage. wow. martinez had to be separated. benches clear, no punches thrown and the tigers go down one, two, three. the a's win 6-3. they can move on to the next round. former giant, juan uribe may soon get his own hollywood star. a go ahead two-run home run put the dodgers in the alcs. eliminate the braves 3-2. and in oakland, is over. just five weeks into the regular season, the raiders announced they released him. they will absorb $6.5 million of his salary. so, not bad for terrell prior. >> with a victory last night. >> see you at 11:00. ,,,, here's bubba watson. the master of the escape. dadada dadada blue 375 razor! wait for it... ooooh! dadada dadada moves in, shoots, and scores! curry off the bounce, wow! dadada dadada dadada dadada dadada dadada mccutchen coming over and he makes the catch! that'll be on sportscenter! more on kershaw's dominating win, next! dadada! dadada! (school bell ringing) (belches) announcer: and here they are, the sofa speedsters-- the simpsons on brown lightning! the piggly wiggums! the bumble buggy! the greed hornet! dr. groom! glasgow-a-go-go!
the body. >> there are a lot of things strange about this case. i don't have to tell you that finding a dead body is strange. >> that discovery was made at 10:00 this morning. an employee found a woman's body outside an emergency door on the hospital's fourth floor. her body was on an outside stairwell. but it's unclear if she fell or how exactly she died. the spokesman for the family of a missing woman is still looking for answers. >> i'm sure that the people are working very hard to find out what happened, why it happened, and make sure it doesn't happen again. >> lynn spalding was battling an infection when she checked into the hospital. two days later, a nurse checked on her and she was fine. when the nurse checked back at 10:30, scalding was gone. lynn reported feeling disoriented. they searched the entire medical center. friends and neighbors set up a facebook page, but never found her. perry says lynn's daughter got a call earlier today telling her that the body had been found, but tonight the coroner told her his office still hasn't been able to determine the identity of the body. the message was, i wish we could give you certainty, but we can't right now. lynn's daughter is obviously, i don't use this word lightly, traumatized. >> lune's family and friends are not just traumatized, but they are angry and make no mistake about it, they believe the hospital should have done more to search for her after she went missing, whether indeed, this was her body found today or not. reporting live, joe vasquez, kpix5. >> the hospital says it is reviewing the poll sis for how they search for missing patients. >> a man is in custody on a million dollars bail. after sheriff deputies found live pipe bombs in his home. the street has been closed for the better part of 24 hours. family members called 911 late yesterday morning saying 31- year-old was suicidal. sheriff deputies convinced him to come out and found the explosives when they searched the house. two were detonated early this morning, two others were taken away for examination. >> we have no indication that there's relation to terrorism. >> people in neighboring houses are now back in their home. >> the salmonella outbreak linked to chicken produced in california is worse than we first thought. it turns out, the outbreak involves several strains of salmonella that are resistant to antibiotics. so many people have needed to be hospitalized. nearly 300 got sick after eating foster farms chicken. more than 40% of those patients wound up in the hospital. the usda put out a public health alert, but the chicken has not been recalled. >> president obama and house speaker, john boehner, traded shots today. adding to all that, congress needs to raise the debt ceiling by october 17 or the u.s. risks defaulting on its bills. this comes at a time where there are no signs the dishownt stalemate on capitol shutdown being broken. >> just to keep our government open or to prevent an economic catastrophe. >> the president said today was, if there's unconditional surrender by republicans, he'll sit down and talk to us, that's not the way our government works. >> the president and house speaker did talk on the phone, but there is no sign that anyone is willing to budge to get the government back open. >> bay area business tried to stand up to uncle sam. it worked for a while. kpix5's juliette goodrich tells us about san francisco's cliff house. juliette. >> here's the deal. the cliff house is privately owned, but it sits on federal land. so, a few days ago, it decided it's going to reopen after the federal shutdown. but tonight, the feds said no way. >> just as the sun was setting along ocean beach, people inside the house were taking in the views. but looming overhead, a dark cloud. a federal order to shut down tonight. >> when the government shut down happened, the cliff house was above and beyond to stay open. they were closed over a very busy weekend. they came up with an idea. >> reopen -- >> our owners decided it was worth a shot to get everyone back in the building. >> and so yesterday and today, the kitchen was bustling again and business was booming. chef webber's special of the day. >> i have oysters, fries. >> all was good again until the government caught wind and ordered them to close. >> do you think you're going to fly under the radar? >> we were hoping to, unless we tried, we didn't really know. >> so weddings, brunches, canceled and 170 cliff house employees unemployed. a first in chef webber's 37 years here. >> we have gone through fire, floods, and everything, and never happened. >> until the government shutdown is over, long-time customers will have to wait to be seated. >> it's devastating. this is a big operation. they have so many employees and it's tremendous financial loss to them. >> the cliff house will shut down tonight until the government closure is over. the chef is telling me they have so much food that they don't want it to go waste. come tomorrow, they'll be donating it to charity. juliette goodrich, kpix5. >> that shutdown is getting in the way of first lady, michelle obama's, bay area plans. she was supposed to come to fundraisers this weekend, but she canceled the trip. another casualty, a popular sand castle contest for kids. it was supposed to be held on ocean beach this saturday, but the organizers say they will have to postpone it because the golden gate national recreational area is closed. a woman with deep ties to the bay area is head of the federal reserve. dr. janet is a former professor at the school of business. she served as the chief executive currently, she is the vice chair of the federal reserve. kpix5 spoke to some of those who know her best. >> i thought it was terrific. >> i think she is the single best qualified person in the entire world for this job. >> her early years as a professor at the school of business in the 1980s, not even janet's closest friends saw her taking the national stage. >> she's shy, trees extremely smart. >> but the professor who has worked alongside yellen for 28 years says she burnished -- winning excellence in teaching awards to being named teacher. she is more than ready to head the fed. yellin has been second in command at the federal reserve since 2010 and now she could be the first woman at the top nits 100 year history. >> i think a woman as head of the federal reserve, a qualified woman, would be a very positive thing for this administration. >> her colleagues say it is likely that she will keep interest rates low and focus on growth and unemployment at a time when the economy continues to rebound. >> that will help a little faster and that's going to be good for all of us. >> in berkeley, kpix5. >> if congress confirms, yellen would take over on january 31. >> bart and unions have two more days to resolve their differences. that cooling off period will be ending thursday night. both sides are still talking, that's good news. we don't know much of was going on because of a gag order, but the unions have not given a 72 hour strike notice because they want to leave every opportunity open for a deal. bart's chief negotiator gives us a little insight tonight. >> i would tell you they aren't moving very fast. but i have to play it out and see. >> unions stale say all options remain on the table. today they rallied for support in oakland. and we will be following the bart talks right down to the wire for you. you can stay with kpix5 and kpix.com for the very latest. >> a mom was froes raided with her preteen daughter, so she beat her. a court decided that's okay. >> i have a 90-year-old. >> father of the kid who made it past the tsa and on to a jet without a ticket says that's not the only trouble his son has gotten into. >> if you have dinner plans for thursday, i don't want to cancel them, there's a game on. >> here's how it looks tomorrow, temperatures in the low 70s for the inland areas, temperatures cool down by the weekend. there's some changes in the opposite direction. ,,,,,,,, when our little girl was born, we got a subaru. it's where she said her first word. (little girl) no! saw her first day of school. (little girl) bye bye! made a best friend forever. the back seat of my subaru is where she grew up. what? (announcer) the two-thousand-fourteen subaru forester. (girl) what? (announcer) built to be there for your family. love. it's what makes a subaru, a subaru. daughter as a form of disclipline. at least at a court says. the bay area mom had every right to use a wand wooden spoon to beat her daughter. that's what the court says. kpix5's kit doe explains the reasoning. >> at her home in san jose, veronica gonzalez was at the end with her 12-year-old daughter. court documents say the girl had decided that she did not have to do her school or homework repeatedly lied to both of us and started showing interest in gang culture. they tried grounding her, even spanking her by hand, but it didn't work. finally, one day when the daughter didn't do her school work, gonzalez decided to pang her daughter with a wooden spoon, half a dozen times on her behind. the spoon left bruises, her school found out about it and called the county. the santa clara county of social services reported it. child abuse data base. the case went to appeals court where a three judge panel wrote, we cannot say the use of a wooden spoken to administer spanking exceeds the bounds of reasonable parental discipline. >> violence is the last resort. if we're not confident as parents, then we do resort to violence. >> a psychology dean and says spanking is a short-term solution. >> when parents spank their children, there's a sense that it's out of love, but what's happening really is you are pairing love with violence. if you pair lo with vie lent and what you are teaching your child is, love and violence go together. >> parents we talked to have been spanked themselves, but reaction was mixed. >> i'm a firm believer in spanking and think a lot of kids need and deserve it at times. there need to be limits. >> there's no need for it anymore, really. that was something that was acceptable when all in the family was on. both the county and gonzalez had no comment. kpix5. >> police think that they found the guy who punched a safeway store manager in san leandro last month. authorities say tips from the public led them to charlie johnson of oakland and police arrested him. the store manager is still in the hospital in serious condition. still no word on the motive. >> a lawsuit is in serious legal trouble accused of hit- and-run and assault with a deadly weapon. they left in oakland saturday night. trying to stop a group people spraying graffiti. taggers then turned on the couple and spray the her car. police say she took off and run down the tagger sts, but instead, she hit an innocent bystander and fled. >> it was hectic outside. a gentleman was trying to cross the street and lady with a mercedes hit him. >> james is in critical condition with head injuries. he was arrested and posted bail. she's due back in court tomorrow. >> a man was shot on an ac transit bus this afternoon and the wound could be self- inflicted. shooting happened at 1:30 near fontane street. the driver pulled over after hearing the gun shot. the man was hit in the leg and taken to the hospital. no one else was hurt. you may rawing two part- time were last week, someone shot at the bus on international boulevard. two victims injuries are not life threatening. the father of a nine-year- old boy who stowed away on a flight to vegas is asking the same question. how did it happen? he told reporter he has been trying to get help for years. >> my son -- >> it was late wednesday morning when their nine-year- old left the neighborhood. he had no idea his son would ride light rail and get past security and board a plane for las vegas. >> we're not bad parents, we didn't think nothing of it. >> dad says staying at a friend's house is typical. mom called police to report the child missing. >> i event understand. you get so much at these airports, how can you let a nine-year-old sneak past security get on the plane, without anyone stapping him, questioning him. >> he has been asking for help and no one stepped up to help him. >> i'm not giving up on my son. can anyone please help me? please. >> in minneapolis, cbs news. >> the boy pulled another stunt just last week. he took a delivery truck on a joyride through minneapolis. he hit several cars and trees before crash ling into a police car. no one was hurt. >> a nine-year-old. >> that's how mcgiver got started. >> how many on the set got smacked with a wooden spoon? >> not with a wooden spoon. maybe just back of the hand for being naughty. >> well, we have mostly clear skies around the bay area, hey, 80s birthday. it was back in 1933. the tower was officially presented to the city of san francisco and stands proudly and boldly above telegraph hill to this day. happy 80s. readings mostly in the 80s. on thursday night, it will be cheer and mild. temperature will be 65 degrees. here's how it looks, we have that low pressure on the way from the pacific northwest. this low will sink down to the bay area. east of the bay area and when it does, it will bring cool temperatures, another 5 to 10- degree st cooler. that's a light chance of a few rogue showers, but it will move up. we'll look at this part of the screen. we have clouds going through sunrise tomorrow. the south end, there's the potential for a shower or taboo. most of the elevations, except cooler temperatures tomorrow. gofer night lights. san jose it's 70 degrees. cupertino hit 72 tomorrow. that low is going to pass closer to them, then livermore. 73 degrees tomorrow. not too bad. pleasantton 72. a nice day, just not as warm as we've seen lately. in the city, average. we'll get 69 in heyward, 77. and 68 degrees tomorrow. looks like we have mostly sunny skies, a botch or two of clouds. then, hi pressure rebounds and we are welcome for a -- temperatures will be warming up after we deal with this catastrophe tomorrow night. just a little cooler tomorrow. >> muscle through. >> thanks. >> all right, clean up on aisle 2. if you're a lover of spurts, close your eyes. the clerk may have put one too many pot les on that shelf. ,,,,,,,,,,,,,,,,,, take a look at this: a store clerk painstakingly stacks sh expensive booze. you wouldn't need the announcement. the clerk stacking the shelves with bottles of expensive booze. two women trying to decide between boon's farm, and then it happens, the shelves topple over. hundreds of bottles smash to the floor. not known where the clip came from, but the video has gone viral. swimming lee gent, diana nyad, the one who swam from cuba to florida is making another splash. this time her marathon swim is to raise money for people affected by hurricane sandy. she took off on the 48 hour swim this morning. >> you are not going to believe what a 19-year-old kid did tonight for the san jose sharks. i'm dennis o'donnell and the a's have the opportunity to move on. did they? i'll show you next. ,,,,,,,,,,,,,,,, remember tonight if the a's season ends on thursday night, they will remember tonight's heartbreaking game for years to come. start the clock, wayne, tied at 4 in the 7th. shaun trying to get out of a jam against austin jackson who struggled all series and look at the hit. andy scores the go ahead run. and jim leeland wasn't messing around when he brought in mack, the tiger's ace struck out josh on ball 4, then he struck out steven and then he got alberto to fly out to end the threat. the tigers win 8-6, but it was that inning that was so costly. we have game five on thursday night. >> scorse the go ahead run, which was made possible by a wild pitch earlier. brad making his season debut against the rangers. two-goal game on saturday. that goal you just saw was his fourth goal tonight. >> 19 years old? >> he's 19 years old, the rookie of the year, he is 6'2", his mother was there tonight, he is instantly the biggest sen cigs sensation in the nhl right now. and as far as the a's go, you remember angel, giants, we walked into that locker room, we knew that series was over. >> they had the champagne out. >> i am really concerned about it. >> a's got them right where they want them, folks. >> good night. ,,,, look at them with that u-verse wireless receiver. back in our day, we couldn't just move the tv wherever we wanted. yeah, our birthday entertainment was a mathemagician. because if there's anything that improves magic, it's math. the only thing he taught us was how to subtract kids from a party. ♪ let's get some cake in you. i could go for some cake. [ male announcer ] switch and add a wireless receiver. get u-verse tv for $19 a month for 2 years with qualifying bundles. rethink possible. (screaming) d'oh! (tires screeching) (grunts) mmm.
california. >> meteorologist joins us for the weather center with more on the dry condition and the fire danger. paul. >> as long as we don't get any rain fall. below normal rain fall for february, march, and april. we just been upgrated or downgraded from a severe drought to an extreme drought. we are getting the official decloration tomorrow. all of the bay area and 63% of the state of california. 63% of our state is now under an extreme drought. this is a bad situation, which is just getting worse and with this ridge of high pressure not moving, i don't see any rain in our immediate forecast. i see more records being broken today. santa cruz shattering the daily record. oakland, an all-time january high temperature of 78 degrees. san jose 73. and san francisco 71 degrees. very warm and very dry. is there a change to either of those two? i'll have the answer coming up. >> developing news out of southern california. nearly 4,000 people are out of that you are homes in the san gabriel mountains tonight after a massive wild fire broke out in los angeles county. that fire still burning at this hour, 16 hours after it began. these are live pictures for you tonight. since the fire started this morning, flames have swept across 1700 acres. destroying five homes. hundreds of firefighters have been on the front lines battling this wild fire. at last check, it was 30% contained. carter evans tells us three men accused of starting it have been arrested. >> the fire began just before daybreak. within hours, it burned across more than 2 1/2 square miles of dry brush. palm trees quickly ignited. the heat was intense. >> i will have to back up because part of my camera is starting to melt. >> 18 water dropping aircraft. firefighters had to race between neighborhoods. >> mandatory evacuations are in effect. >> despite that order to get out, larry stood his ground with a garden hose. >> my concern is, just trying to save my house. >> he did. but not everyone was so lucky. >> how fast did this fire take off? >> very quickly, within 15 minutes. >> it was all gone? >> scott was one of ten people renting a room at this mansion built by the singer machine family. >> what did you lose? >> everything i have, except for what i have on. i don't have my wallet or driver's license, no money, no shoes, no pants. >> you had to leave that quick? >> yeah. >> police say this all started with a campfire. three men have been arrested, tim is the police chief. >> they were tossing papers into the campfire and a breeze reportedly, a breeze had kicked up and set this fire. >> neighbors called police when they spotted some suspicious looking men running away from the fire. the city has now declared a state of emergency and is warning residents who are still in their homes to prepare to evacuate at any time. carter evans, cbs news. >> firefighters have their hands full. three different agencies teamed up to battle a fire overnight. cal fire called in help from san jose and monterey. crews were out all day today dousing hot spots near the 4- acres that burned in the fire. typically, seasonal firefighters get layed off in the winter, but that's not the case this year. cal fire says it is looking to hire an additional 120 firefighters to staff the engines in northern california. >> to challenge a lot of our work force, they have wintertime jobs and what we're asking them to do is come back on a temporary basis. >> cal fire says the cost to rehire the layed off firefighters will be coming out of the state's emergency fund. people in one san jose neighborhood will sleep better tonight after police say they have their man in a series of arson fires. 48-year-old patrick brennan is under arrest, suspected of setting as many as a dozen fires around the city in recent weeks. he's responsible for a massive five-alarm warehouse fire. investigators say brennan's criminal record stood out as did where he lived. brennan calls a trailer park on east san antonio street home. at least three fires were intentionally set on that block. police feel confident they have the right person in custody. >> at this point, we are extremely certain that we have the individual responsible for all the arsons that have occurred in the city. >> the investigation is on going. police trying to time brennan to ten other fires. betty is in san jose. she spoke to some of the victims. betty. >> reporter: i'm standing in front of a home that was completely destroyed by the suspected serial arsonist. the couple lived here for almost 50 years and as you can see, the windows have been boarded up. this couple is thankful they are alive, but like police, they have a lot of questions. >> to me, it looks like some kind of war zone. >> there's as much heart ache as there is relief at the place they used to call home. since san jose police arrested and charged patrick william brennan for a frightening arson spree. >> i think this person needs to be put away for a long time for creating such evil and heinous acts. >> i just don't understand how anybody can cause so much destruction. >> police don't know the motive, but they are certain 48- year-old brennan was the firebug. responsible for 12 fires. evidence ties him to last week's massive warehouse fire near the highway. >> quite honestly, the work of one hard working midnight sergeant who took it upon himself to conduct some investigative leads using data bases that we have to come up with a person of interest that had some priors. >> brennan has a long history of starting fires and is also a registered sex offender. he lived in this trailer park where he was arrested last night. neighbors were familiar with his behavior. >> it was out of the ordinary, the stuff he was doing, you know, and do it like a snake all the time. >> neighbors say he kept to himself and they would see him walking around alone at night. police believe brennan acted alone. he has been charged with two counts of arson. more charges are expected. right now, he's at the santa clara county jail on $1 million bail. live in san jose, betty, kpix5. >> patrick brennan arrested for arson before. this is him in 1999. he was convicted of setting fires and he reportedly set a forest fire in the mid 90s as well. >> accidents involving drivers and pedestrians have become too common in san jose. they are determined to put a stop to them. joe vasquez with more on what is being done. >> if you're a driver or a pedestrian, it doesn't take long for you to have a story about either a crash or a near miss. the cops put together some statistics tonight in an effort to study the problem and in an effort to solve it. >> i was crossing the street and bam, right into me. >> she was talking on her cell phone. >> of the nearly 900 car pedestrian crashes in san francisco last year, police say they found most of the causes to be driver error. >> i have been at a point where i had to jump when a car almost hit me. i was like, wow. >> failure to yield to pedestrians in the crosswalk. running red lights and stop signs. and especially speeding. >> on the way over here, we almost got hit twice because people are not paying attention. >> when police looked at the 21 fatalities, they found some pedestrians made some mistakes, in some cases, jaywalking proved deadly. in other cases, pedestrians crossed at the crosswalk, but didn't wait for the light. >> the staffing bump up, so will the tickets. >> police commissioners, the police chief said enough is enough and pedestrian safety has become a major priority. >> we are committed to a new normal in san francisco. we are committed to make the city safe as we get more and more crowded. >> nobody wants to blame the victims, but cell phones are becoming part of the problem all around. drivers are often talking on them. we found pedestrians crossing the street either talking or texting. >> the pedestrians really have to watch out when they cross also because they might get hit. >> i mentioned all those traffic laws being broken, well get this, starting right now, his officers are going to start writing a lot more tickets. but, bottom line here, not just the police issue, put the phone down when you are crossing because as they say, we could all be a little more safe. reporting live, joe vasquez, kpix5. >> advocacy groups aimed for zero pedestrian fatalities in san francisco within a decade. >> another bomb shell. reports say the agency was able to store up to 200 million text messages a day. the revelation comes as president obama is scheduled to meet with the justice department and pitch an overhaul of the programs. among those changes, more oversight and approval for spying on forme heads of state. if you want to look for the best company to look for, you don't have to go far. >> four of the top ten are based in the bay area. >> just how loud is the seattle seahawks stadium. risks his eardrums to show us the 49ers deafening destiny. a man exposes himself. tonight, what angry parents are doing to protect their students. ,,,,,,,, female announcer: female announcer: during sleep train's huge year end clearance sale, get beautyrest, posturepedic, even tempur-pedic mattress sets, at low clearance prices. plus, get free same-day delivery, set up and removal of your old set. and through monday, get three years interest-free financing on selected models. but hurry, this special financing offer ends martin luther king jr. day. don't miss the year end clearance sale at sleep train. superior service, best selection, lowest price, guaranteed! ♪ your ticket to a better night's sleep ♪ hools. new tonight, worried parents want change after people were seen lurking around their children's schools. >> kpix's kristen ayers on the series of events and the safety measures parents are demanding. >> richard and his wife, christine, are worried their daughter isn't safe after a man exposed himself to a group of cheerleaders. >> a naked man comes into a high school gym. how is that allowed? >> that's what the berella's and other parents came to ask the school board this evening. >> we have a right to know when our children are in danger. we have the right to know when there's an active predator in our community. >> parents worry there are several predators prowling school campuses. a naked man was seen on the playground at sprews elementary and a trespasser showed up nine days later. school board members say they are already making some changes. they built a locking fence at one of the elementary schools and here at the high school, they started locking the entrance to the locker room as soon as school is out. >> we will embark on discussion. we will put this item on our agenda. >> parents say they want changes now. starting with placing surveillance cameras throughout this school. >> cameras can tell you a lot where your eyes aren't. >> something shaken up students told us they wouldn't mind. >> measures should be taken to prevent something like that from happening again. >> in south san francisco, kristen ayers, kpix5. >> the board would be open to more discussions about surveillance cameras on saturday morning. >> we are learning tonight how hackers were able to break into target security system over the holiday season. a new report belie a global cyber intelligence firm says hackers used mall ware to steal credit card information. the theft helped investigators track and identify the mall ware. but investigators believe there may be more retailers under attack. >> what's unique about it is, the first time we've seen this attack at this scale and sophistication in terms of the overall operation. >> it is advanced enough to cover its tracks. cards were compromised during the holiday shopping season. >> half of the top ten companies on fortune magazine's list are here in the bay area. google came in first. the boston consulting group out of san francisco came in third. salesforce.com cracked the top ten and to see the complete list go to our website. we haven't seen a worst companies in america yet. if your job is making you miserable, there's an app for that. the new quit your job app helps you break the news to your boss by sending a text message. >> bad idea. >> you can choose one of these reasons to explain why you're leaving. it takes a few taps to get the job done. >> that's as bad as the breakup app. >> there's probably an app for that. >> it's not you, it's me, click. >> oh, it's you. >> it is now. all right. we've got a lack of rain fall. we need some rain fall. it would be nice if we could snap our fingers and there's an app for that, make it rain.com. there's a big ridge of high pressure. it's pesky. clear skies, moonlight skies. this put things in perspective. our wettest month of the year, we get rain on 11 days. so far since july, the beginning of the water year. more than six months ago, it has rained 7 times. we could use some rain. nor will we see any during the football game. niners, seahawks, the battle in seattle will be a dry one. cloudy, yes, but mainly dry. upper 40s. your kickoff temperature coming up on sunday. we're not even chose to a chance of rain fall. sometimes i would describe it as a near miss. this is a far miss, if you will. this bridge of high pressure is to the north. there's a storm. it will hit this wall, go up through alaska, over, and through denver will get rain fall. that will not budge, so that rain won't get close to us. another week of warm weather, dry weather, here record highs, it's two weeks away. low pressure may get that rain fall into northern california county. it is looking dry. 30s, away from the water. it won't be as warm tomorrow and a few more records with highs around 70. redwood city 70. you mean 68 degrees for concord, brentwood 61. 68 in san francisco and oakland, 72 degrees. extended forecast, upper 60s. sunny over the weekend. sunshine september. mid to upper 60s for much of next week. we want to change, but wanting it isn't good. >> we'll drop this talk for a while. very good pont. >> go niners. >> when they face seattle sunday, they'll have to do it in the noisy sports cast. how crowd the crowd really is. >> forget opposing quarterbacks barking orders. in december, they broke a record. to give you a comparison. inside a bart train, the noise is between 70 and 90. this harley registers a 104. and some could make it up to 109. berkeley meyers sound makes speakers for rock concerts. i asked them to reaction soft football in. >> it's hard to play football in. good luck trying to hold a conversation in this. we try hand signals, he is screaming, but i can't hear a word. and besides hearing it, you can feel it, too. the crowd of 68,000 jumping up and down also moves the needle like a 2.0 quake. there's no doubt silence never sounded so good. in berkeley with ears ringing, ryan, kpix5. >> be sure to stay with kpix5 for all your niners coverage. they are headed to seattle. ken is in seattle right now. starts with a special 49ers preview tomorrow night at 7:00. >> okay. hollywood is buzzing over this year's buzzing nominations. the surprising snubs. that's next. ,,,,,,,,,,,,,,,,,,,, 2013 are ." well, the nominees for the 86th annual academy awards are in. >> the film selected as the best picture nominee for 2013 are. gravity and american hustle. >> lead the oscar ratings with 10 10 nominations each. the others are her, and nebraska. >> and perhaps more buzz worthy are the snubs. it came as a surprise to some that lee daniels, the butler, didn't receive any nominations. tom hanks and robert redford both golden globe nominees were left out. the academy awards airs sunday, march 2. >> can't believe that. >> snubbed. >> definitely the best movie out of the group. the coach explains finally, next. ,,,,,,,,,,,,,,,, been speculation about t tionship bteween the finally, pete carol spoke about his relationship with jim harbaugh. >> we have not been friends over the years because we don't know each other very well. just knowing each other through the game. since we coached against each other. so, there's very -- it's a very confined relationship in that regard. it's, for whatever reason, you had a field day with thinking it's something other than it is. i have great respect for what jim has done. you guys have had a blast with it. but there's nothing there. >> animosity, no. erroneous. football, it's competition. it's winning. >> sharks visiting south florida to take on the panthers. game was scoreless for nearly two periods. tim thomas, his sixth goal of the year and the sharks win 3- 0. how about usf. cougars up 1 second half, matt with the steal. up ahead to tyler. he gets the dunk and the foul. 83-76. you know, pete carol says, i know. you'll tell him that. gong to seattle. >> all right, have a good one. we'll see you at 11:00 on kpix5. ,,,,,, good. good answer. check it out. learning's fun now. yeah, back in our day, we didn't have u-verse high speed internet to play and learn online. all we had was that franklin fuzzypants. ah, the educational toy bear. remember when the battery went out? 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this couple, a cop and his wife who live there. they are accused of trying to swindle an elderly woman on their street out of her nearly million-dollar estate. >> it makes me sad that people would prey on the elderly like that. and especially under the guise of being a police officer. >> reporter: upset and disturbed, this resident is talking about her neighborhood. former police commander, 36- year-old matthew messier, behind bars, charged with defrauding an 82-year-old woman who lived three doors down from him. everyone called her jean. >> i think of her like i would my own grandmother. >> reporter: d.c.s say messier and his wife, 30-year-old elizabeth, who is now at large, placed the elderly woman's entire estate into a trust. >> he was able to basically con her into signing over her entire estate to him and his wife. >> he is very good at convincing you. >> reporter: but after a lengthy investigation, the 11- year veteran is now charged with grand theft, elder because, forgery, registering a fraudulent document, conspiracy and practicing law without a license. neighbors tell us jean is home tonight, but they asked us not to disturb her, because she is so badly shaken up. we've learned that she was an only child and grew up living in this pleasanton home. her grandparents were the original owners. today, jean learned about the arrest from her neighbor. >> her first concern was for his children and for their pets. >> reporter: police say the elderly woman's estate and assets are worth close to $1 million. in pleasanton, juliette goodrich, cbs 5 eyewitness news. and we have learned of a possible motive in the case of a sheriff's department accused of holding up a bank. this is youtube video of philip tong when he operated a gun shop in the mission district. investigators say tong was three quarters of a million dollars in debt, and recently he filed for bankruptcy. police say tong robbed a bank of america on balboa street earlier this month and stole 1700. surveillance video shows a man resembling tong entering the bank and running out with arms full of cash. >> san francisco residents expect their men and women in uniform to uphold the law and serve and protect the community. the actions of this particular defendant are deplorable. and there will be serious consequences to his conduct. >> bail is set at $150,000 and tong is on administrative leave without pay. we may not fall off the fiscal cliff after all. some good news. democrats and republicans are fast-tracking negotiations and it appears a compromise is on the horizon. president obama sat down with congressional leaders today to hammer out a plan. this is the same group that has tried and failed to reach a deal in the past. but this time, both sides appear willing to work together. >> we want to have savings on everything that we do. also, we need revenue. we need savings. we need growth. >> to show our seriousness, we put revenue on the table, as long as it's accompanied by significant spending cuts. >> the clock is ticking. lawmakers need to reach a deal with the president by january 1st in order to avoid tax increases and deep spending cuts. treasury secretary says he's confident they will have a deal in a matter of weeks. right now, it is saturday morning, just after 9 a.m. in gaza. and israel has stepped up its air assault. a few hours ago, war planes bombed hamas government and security compounds. israel is sending more reservists to the border and everyone is waiting for israel troops to invade. hamas is launching even more rockets into israel, even longer-range rockets that landed in tel aviv and jerusalem. in all, hamas rockets have killed three israelis. the israel offensive has killed 28 palestinians. cbs 5 reporter christin ayers tell us how the events are playing out on the streets here. >> both sides locked in passionate protest that are escalating with the growing violence abroad and a ground swell of pro-palestine report is fueling demonstrations in san francisco for the second day in a row. >> reporter: like the fight for abortion rights and same-sex marriage, all too often there is little middle ground when it comes to israel and palestine. >> the people are screaming for the legal nation of the state and calling us nazis. >> it's really hard to understand this. >> reporter: the scale of these protests, outside the israel consulate in san francisco, speaks volumes. small clusters of pro-israel activists outnumbered by those who support palestine. they're younger but their voices are louder. >> having that street fight doesn't help much. >> reporter: the general of israel has discouraged them from joining the protest but he believes support for israel is strong here. >> i don't think there is lack of support. i think in the bay area, this is a place where it's a relentless producer of new ideas. one of the ideas is anti-war. >> reporter: and he admits, young anti-war activists are sometimes drawn to the flight of palestinians. the federal government is investigating allegations of anti-semitism. a ship that could only intensify as both sides edge closer to a ground war in gaza, divided and determined to dig in. the consul general says he's focused on educating about the conflicts as opposed to demonstrating but similar protests are planned globally with no sign of the tension letting up. also in the news tonight, a passenger with an odd-looking watch fitted with a toggle switch, some wires and fuses caused a security scare at oakland international airport but that's not all that raised a red flag. cbs 5 reporter juan fernandez finds out who is this guy. >> reporter: when geoffrey mcgann tried making his way through security on his way to l.a.x., tsa security screeners noticed he was wearing an odd- looking wristwatch. >> the watch had on it a toggle switch, a series of fuses, a series of wires protruding from it, a circuit board, and the watch itself, which was on incorrect time. >> reporter: that triggered a secondary search and what screeners found next was even more disturbing. his boots had several hollowed- out compartments and according to authoritiesing mcgann couldn't clearly explain why. >> it also had what appeared to be a homemade cavity in there and he was very evasive on everything that he was doing. >> reporter: mcgann lives in a single family home in rancho palos verdes. no one was home tonight but a note on the door instructed ups to leave any packages on the doorstep and you could hear two small dogs barking inside. neighbors who didn't want to go on camera tell me mcgann is a quiet guy who lived alone and didn't seem the type to cause any trouble. while no explosives were found, and authorities don't believe this was an act of terrorism, they still believe what he did have could have been dangerous. >> it could have been a triggering device. obviously he was missing a couple of things along the way. >> mcgann claims that the watch was art and the shoes were supposed to make him look taller. one of the bay area's most wanted, busted, because of his appetite for red meat. not all smoke alarms offer the same protection. why yours may not save your life. and talk about a sugar rush. wait till you hear too much twinkies are going for. but good luck finding them. plus, kevin costner reveals things that he's never said about whitney houston. why he had second thoughts about giving her eulogy. ♪ i will always love you ♪ ,, (car horn) paying with your smartphone instead of cash... (phone rings) that's a step forward. with chase quickpay, you can send money directly to anyone's checking account. i guess he's a kicker... again, again! oh, no you don't! take a step forward and chase what matters. san jose has ended in a shootout. police have established a comm and we have breaking news. a police chase in san jose has ended in a shoot-out. police have established a command post on daytona drive. this all started when officers spotted a car wanted in several robberies. it turned into a chase that ended with the suspects firing at the officers in east san jose. one officer was slightly injured. he was hit by either gunfire or flying glass. the suspects are still on the loose and police are still looking for them. we'll keep you posted. they're calling it the bust of a lifetime, but a bay area police officer had to ditch his wife at her own birthday dinner to make it. the oakland police officer, ernesto leyva, was off duty last night, having dinner with his wife at ruth's chris steak house in san francisco. and that's when he spotted one of oakland's most wanted, 20- year-old ronnie flenaugh, a notorious gangster wanted for murder, shootings, robberies, and all sorts of other things. >> what drew the attention to the off-duty officer is that a gentleman walked in with a hooded sweatshirt over his head, a baseball cap pulled down low and a sweatshirt drawn closely over his face. >> oakland police even went to vegas to look for him and raided a home where they thought he was hiding. do you know what kind of smoke alarm you have? well, odds are you have one that firefighters want banned. cbs 5 reporter julie watts shows us why. >> reporter: when you changed your battery this daylight savings, did you happen to check what kind of fire alarm it was in? the international association of firefighters say if you're one of the 95% with this type of alarm, you may want to change that too. >> it gives a false sense of security, thinking they're being protected when they're not. >> reporter: mark mcginn explains there are two types of fire alarm. the photo-electric, identified by this p. and it's more likely to save lives. the ionization, common in most homes because it's cheap, primarily responds to hot flaming fires, and in many cases, that's too late. he explains they're also prone to false alarms and 85% of them are purposely disabled as a result. as we discovered, even those that work may not work until it's too late. >> on top of this lid, i put a brand-new ionization smoke alarm. >> they set up a fish tank to simulate a smoldering fire. first, we put the photoelectric to the test. we start the clock. about a minute later... >> we're about 74 parts per million on carbon monoxide a minute after. >> reporter: long before we hit dangerous levels, the alarm sounds. but the same test with the ionization alarm produces very different results. it took 15 minutes longer for this alarm to sound in our small-scale simulation. in full-scale tests, they took 30 to 90 minutes longer and failed as much as 55% of the time. >> this is not a smoke alarm. it's a flame detector. >> reporter: palo alto, and the city of orange, now have similar ordinances. but advocates are calling for statewide legislation similar to vermont, iowa and massachusetts, which already require photoelectric. cal fire still recommends you have both types of alarms, but the international association of firefighters warns that dual alarms can be just as dangerous, because the ionization alarms can still trigger false alarms, causing people to disconnect them. the maker of twinkies and wonder bread has filed for bankruptcy. 18,000 jobs go with it. bakery operations in oakland and elsewhere, suspended. hostess has been struggling financially lately. and today there's been a lot of nostalgia about the demise. >> michelle has told me i cannot have a tried twinkie. >> do you think you can get me behind this microphone and have me talk about twinkies? this is a setup, i know it. >> call it the end of a high- calorie love affair. people all over the bay area are rushing to stores to get their final bite of golden sponge cake. elizabeth cook tells us you won't believe how much they're going for. >> reporter: laurie haggerty has a ritual. >> for me, it was almost like the oreo, where i would unravel it and eat the chocolate first, then eat the cream inside. >> reporter: for her, they aren't just a treat. they're nostalgia. shoppers stripped the shelves at hostess thrift stores, like this one, at the twinkies birth place in chicago. he's been stocking his market in san francisco with twinkies and cupcakes for years but he admits they haven't been selling well lately. >> i'm a twinkies fan. >> reporter: you can get a couple of hostess cakes for a few bucks. but after the news broke that the brand went belly-up, folks on craigslist are selling them for anywhere from $25 to $2,000 a case. >> i don't know if i should save them, but i think i'll eat them instead. >> we were one of the lucky ones to get to take home a couple of the more popular tweets, the cub cakes and of course the twinkies. the market was forced to take them off the store shelves, because ironically, they had an expiration date. >> $25 for a twinkie? you're eating money right now. >> here we go! dessert! >> we didn't do twinkies when we were kids. >> we may be regretting it later on tonight. >> bombs away! good-bye, twinkie! >> paul? >> you know what? we did crab last night. we're doing twinkies tonight. big change over a 24-hour period. big weather change as well. lots of rainfall out there. now the rain is spreading. let me show you high-def doppler. strongest radar in the bay area, showing you the best picture, the best clarity of the rainfall. i'm gonna show you a couple of spots right now. here we go. we're zooming in, showing you where the rain is and where it's not. oakland, you just had a round of heavy rainfall. another one is about five minutes away. berkeley, richmond, walnut creek, north to concord and pleasanton hill. coverdale, all the way up to clear lake, but santa rosa, you're getting a break. you've had a break all evening in the south bay. san jose, union city, palo alto, all rain-free. rainfall totals approaching one inch now for san rafael and santa rosa. keep an eye on daly city because of that mud slide. you're at one third of an inch of rainfall. a low pressure area just about to make landfall into northern california. the atmosphere will be very unstable, widespread showers tonight and early tomorrow because of that low pressure area. it moves out saturday afternoon. but then here comes another rainmaker, a cold front moving through. once the front is out of here, the rain chance goes away entirely, but between now and then, we will have a solid rain chance all the way until sunday. check out these rainfall totals. our computer is predicting anywhere from one to two inches of new rainfall by this time tomorrow night. it's also going to be pretty chilly. highs around 60 to 62 degrees. oakland, 62, concord, 61. rain moves out by sunday afternoon. we're dry on monday and tuesday. showers return on wednesday and for thanksgiving. and we will be right back. -what's up? i'm chris. -and i'm erik. both: we're the fruit guys! back in 1998, we had this idea to deliver fresh fruit to offices in downtown san francisco. we built these wooden crates, filled these with fruit in my one-bedroom apartment. the fruit guys has been with bank of america since they first started. we work with them to help them grow and succeed. we're coming up on 50 employees and delivering to thousands of companies every week. i would definitely say this is a fruitful business. to a tastier festive feast. so much to sip and savor, a feeding frenzy to say the least. a turkey from safeway will have everyone raving. there's fresh, natural, frozen, whatever you're craving. spend 25 dollars and a frozen safeway turkey is 59 cents a pound. or spend 25 dollars and get a fresh safeway select turkey for 99 cents a pound. so raise your glass, pull up a chair, grab a plate. this tastier thanksgiving is well worth the wait. safeway. ingredients for life. whitney houston. we wanted to hear from s earlier, we brought you a special tribute on whitney houston. we wanted to hear from somebody who struck up an unusual friendship with her, kevin costner. when whitney houston died, her one-time costar got a call to speak at her funeral. >> i wasn't even sure why i was there, because there were a lot of people that she touched, and their lives. there just seemed to be this extra voice going, you know, the world has its view of who is close to her, and i was her bodyguard in a movie, so there was this weird kind of drum beat for me to say something which i didn't feel exactly qualified to. so i talked about what we had in common, which i think when people look at us in paper, they don't think we have a thing in common. >> costner talks about how they both grew up in the baptist church, the place where you can really get into big trouble passing notes to your friends. houston was one of the biggest pop stars of all time. costner still listens to her music. >> she's special in every sense of the word, you know. and she was a one-of-a-kind and there will be others that come after her, but they burn in a special way, and she was one of them. ♪ ♪ and i will always love you ♪ >> whitney houston sold 170 million albums, songs and videos. we'll be right back. ,,,,,,,,,,,,,,,,,,,,,, their 3-game road trip... nba up top, the warriors, they weren't fooling around tonight. they were running with the timberwolves to start their three-game road trip. stephen curry was a big factor. he had six assists in the game. had a hand in this one, although the night passed to david lee. the other man with 18, rookie harrison barnes, get out of his way! warriors shot 50% from the floor. beat the timberwolves 106-98. off to college basketball. mike montgomery and his bears off to a nice start against denver. forget about it. cal wins 72-61. they're 3-and-0 for the year. screaming video from hawaii! fourth-ranked stanford stopped no. 1 baylor, 71-69, in a rematch of the women's finals. they stopped a 42-game winning streak by the bears. chiney ogwumike, 18 points, 8 boards. jim harbaugh was back at practice today, a day after receiving treatment for an irregular heartbeat. he is now back coaching without any limitations. >> doctor said you need to go in and you need to get this done, this procedure done. and so, you know, i'm not gonna be stubborn like a mule. do what the doctors tell you. >> all right. today the blue jays signed free agent melky cabrera to a two- year deal worth $16 million. and that brings us to friday's top five. no. 5, women's soccer, courtney, scored a couple of goals to beat santa clara, two to one. on to the sweet 16 coming up on sunday. no. 4, a fast one. and he just loses the lakers. man, what a great move over metta world peace! no. 3, a tough dude. curls in for the touchdown. and air force wins. no. 2, argentine, soreno. he got kicked out. he says you know what? boom! i'm gonna leave. here's a skydiver and here's how he crashes a soccer game. yeah. you wanna see this? that player didn't know what was coming. until then. here it is again, as we take you to the break. we'll be right back. ,,,,,,,,,,,,,,,,,,,,,, you need a little dr. phil? he's on david letterman now. >> can't wait! ( ying "late show" theme )
going to get. [laughter] craig: oh, you mad skinny dead fool. say good night. geoff: good night. craig: good night, everybody.,,, you're watching cbs 5 eyewitness news in high definition. the rain is here, and it's not going anywhere, anytime soon. cbs 5 meteorologist paul deanno on where it's coming down hardest right now. all evening long it's been north of the golden gate, places like mill valley and also santa rosa getting some heavy rainfall, up to an inch over just the past couple hours. here's some video from earlier this evening. the bull's-eyes, and look at all this heavy rainfall right now from cloverdale south through hillsburg, back down to santa rosa, all the way up to clear lake. another round of rain crossing over the golden gate, heading over toward oakland. berkeley getting some heavy rain. conspicuously absent, all of the rain in the south bay, anywhere south of the san mateo bridge, you have seen zero rainfall over the past five hours. the weekend is kind of dicey. we'll talk about when the rain will let up over the next few minutes. if you want to track the radar, head to cbssf.com. high deaf doppler is there for you, 24 hours a day. juliette goodrich went to a pleasanton neighborhood tonight and she got an earful about this couple, a cop and his wife who live there. they are accused of trying to swindle an elderly woman on their street out of her nearly million-dollar estate. >> it makes me sad that people would prey on the elderly like that. and especially under the guise of being a police officer. >> reporter: upset and disturbed, this resident is talking about her neighborhood. former police commander, 36- year-old matthew messier, behind bars, charged with defrauding an 82-year-old woman who lived three doors down from him. everyone called her jean. >> i think of her like i would my own grandmother. >> reporter: d.c.s say messier and his wife, 30-year-old elizabeth, who is now at large, placed the elderly woman's entire estate into a trust. >> he was able to basically con her into signing over her entire estate to him and his wife. >> he is very good at convincing you. >> reporter: but after a lengthy investigation, the 11- year veteran is now charged with grand theft, elder because, forgery, registering a fraudulent document, conspiracy and practicing law without a license. neighbors tell us jean is home tonight, but they asked us not to disturb her, because she is so badly shaken up. we've learned that she was an only child and grew up living in this pleasanton home. her grandparents were the original owners. today, jean learned about the arrest from her neighbor. >> her first concern was for his children and for their pets. >> reporter: police say the elderly woman's estate and assets are worth close to $1 million. in pleasanton, juliette goodrich, cbs 5 eyewitness news. and we have learned of a possible motive in the case of a sheriff's department accused of holding up a bank. this is youtube video of philip tong when he operated a gun shop in the mission district. investigators say tong was three quarters of a million dollars in debt, and recently he filed for bankruptcy. police say tong robbed a bank of america on balboa street earlier this month and stole 1700. surveillance video shows a man resembling tong entering the bank and running out with arms full of cash. >> san francisco residents expect their men and women in uniform to uphold the law and serve and protect the community. the actions of this particular defendant are deplorable. and there will be serious consequences to his conduct. >> bail is set at $150,000 and tong is on administrative leave without pay. we may not fall off the fiscal cliff after all. some good news. democrats and republicans are fast-tracking negotiations and it appears a compromise is on the horizon. president obama sat down with congressional leaders today to hammer out a plan. this is the same group that has tried and failed to reach a deal in the past. but this time, both sides appear willing to work together. >> we want to have savings on everything that we do. also, we need revenue. we need savings. we need growth. >> to show our seriousness, we put revenue on the table, as long as it's accompanied by significant spending cuts. >> the clock is ticking. lawmakers need to reach a deal with the president by january 1st in order to avoid tax increases and deep spending cuts. treasury secretary says he's confident they will have a deal in a matter of weeks. right now, it is saturday morning, just after 9 a.m. in gaza. and israel has stepped up its air assault. a few hours ago, war planes bombed hamas government and security compounds. israel is sending more reservists to the border and everyone is waiting for israel troops to invade. hamas is launching even more rockets into israel, even longer-range rockets that landed in tel aviv and jerusalem. in all, hamas rockets have killed three israelis. the israel offensive has killed 28 palestinians. cbs 5 reporter christin ayers tell us how the events are playing out on the streets here. >> both sides locked in passionate protest that are escalating with the growing violence abroad and a ground swell of pro-palestine report is fueling demonstrations in san francisco for the second day in a row. >> reporter: like the fight for abortion rights and same-sex marriage, all too often there is little middle ground when it comes to israel and palestine. >> the people are screaming for the legal nation of the state and calling us nazis. >> it's really hard to understand this. >> reporter: the scale of these protests, outside the israel consulate in san francisco, speaks volumes. small clusters of pro-israel activists outnumbered by those who support palestine. they're younger but their voices are louder. >> having that street fight doesn't help much. >> reporter: the general of israel has discouraged them from joining the protest but he believes support for israel is strong here. >> i don't think there is lack of support. i think in the bay area, this is a place where it's a relentless producer of new ideas. one of the ideas is anti-war. >> reporter: and he admits, young anti-war activists are sometimes drawn to the flight of palestinians. the federal government is investigating allegations of anti-semitism. a ship that could only intensify as both sides edge closer to a ground war in gaza, divided and determined to dig in. the consul general says he's focused on educating about the conflicts as opposed to demonstrating but similar protests are planned globally with no sign of the tension letting up. also in the news tonight, a passenger with an odd-looking watch fitted with a toggle switch, some wires and fuses caused a security scare at oakland international airport but that's not all that raised a red flag. cbs 5 reporter juan fernandez finds out who is this guy. >> reporter: when geoffrey mcgann tried making his way through security on his way to l.a.x., tsa security screeners noticed he was wearing an odd- looking wristwatch. >> the watch had on it a toggle switch, a series of fuses, a series of wires protruding from it, a circuit board, and the watch itself, which was on incorrect time. >> reporter: that triggered a secondary search and what screeners found next was even more disturbing. his boots had several hollowed- out compartments and according to authoritiesing mcgann couldn't clearly explain why. >> it also had what appeared to be a homemade cavity in there and he was very evasive on everything that he was doing. >> reporter: mcgann lives in a single family home in rancho palos verdes. no one was home tonight but a note on the door instructed ups to leave any packages on the doorstep and you could hear two small dogs barking inside. neighbors who didn't want to go on camera tell me mcgann is a quiet guy who lived alone and didn't seem the type to cause any trouble. while no explosives were found, and authorities don't believe this was an act of terrorism, they still believe what he did have could have been dangerous. >> it could have been a triggering device. obviously he was missing a couple of things along the way. >> mcgann claims that the watch was art and the shoes were supposed to make him look taller. one of the bay area's most wanted, busted, because of his appetite for red meat. not all smoke alarms offer the same protection. why yours may not save your life. and talk about a sugar rush. wait till you hear too much twinkies are going for. but good luck finding them. plus, kevin costner reveals things that he's never said about whitney houston. why he had ,,,, for over 60,000 california foster children, the holidays can be an especially difficult time. everything's different now. sometimes i feel all alone. christmas used to be my favorite. i just don't expect anything. what if santa can't find me? to help, sleep train is holding a secret santa toy drive. bring your gift to any sleep train, and help keep the spirit of the holidays alive. not everyone can be a foster parent, but anyone can help a foster child. it's time to free ourselves from the smell and harshness of bleach. and free ourselves from worrying about the ones we love. new lysol power & free has more cleaning power than bleach. how? the secret is the hydrogen peroxide formula. it attacks tough stains and kills 99.9% of germs. new lysol power & free. powerful cleaning that's family friendly. another step forward in our mission for health. san jose has ended in a shootout. police have established a co and we have breaking news. a police chase in san jose has ended in a shoot-out. police have established a command post on daytona drive. this all started when officers spotted a car wanted in several robberies. it turned into a chase that ended with the suspects firing at the officers in east san jose. one officer was slightly injured. he was hit by either gunfire or flying glass. the suspects are still on the loose and police are still looking for them. we'll keep you posted. they're calling it the bust of a lifetime, but a bay area police officer had to ditch his wife at her own birthday dinner to make it. the oakland police officer, ernesto leyva, was off duty last night, having dinner with his wife at ruth's chris steak house in san francisco. and that's when he spotted one of oakland's most wanted, 20- year-old ronnie flenaugh, a notorious gangster wanted for murder, shootings, robberies, and all sorts of other things. >> what drew the attention to the off-duty officer is that a gentleman walked in with a hooded sweatshirt over his head, a baseball cap pulled down low and a sweatshirt drawn closely over his face. >> oakland police even went to vegas to look for him and raided a home where they thought he was hiding. do you know what kind of smoke alarm you have? well, odds are you have one that firefighters want banned. cbs 5 reporter julie watts shows us why. >> reporter: when you changed your battery this daylight savings, did you happen to check what kind of fire alarm it was in? the international association of firefighters say if you're one of the 95% with this type of alarm, you may want to change that too. >> it gives a false sense of security, thinking they're being protected when they're not. >> reporter: mark mcginn explains there are two types of fire alarm. the photo-electric, identified by this p. and it's more likely to save lives. the ionization, common in most homes because it's cheap, primarily responds to hot flaming fires, and in many cases, that's too late. he explains they're also prone to false alarms and 85% of them are purposely disabled as a result. as we discovered, even those that work may not work until it's too late. >> on top of this lid, i put a brand-new ionization smoke alarm. >> they set up a fish tank to simulate a smoldering fire. first, we put the photoelectric to the test. we start the clock. about a minute later... >> we're about 74 parts per million on carbon monoxide a minute after. >> reporter: long before we hit dangerous levels, the alarm sounds. but the same test with the ionization alarm produces very different results. it took 15 minutes longer for this alarm to sound in our small-scale simulation. in full-scale tests, they took 30 to 90 minutes longer and failed as much as 55% of the time. >> this is not a smoke alarm. it's a flame detector. >> reporter: palo alto, and the city of orange, now have similar ordinances. but advocates are calling for statewide legislation similar to vermont, iowa and massachusetts, which already require photoelectric. cal fire still recommends you have both types of alarms, but the international association of firefighters warns that dual alarms can be just as dangerous, because the ionization alarms can still trigger false alarms, causing people to disconnect them. the maker of twinkies and wonder bread has filed for bankruptcy. 18,000 jobs go with it. bakery operations in oakland and elsewhere, suspended. hostess has been struggling financially lately. and today there's been a lot of nostalgia about the demise. >> michelle has told me i cannot have a tried twinkie. >> do you think you can get me behind this microphone and have me talk about twinkies? this is a setup, i know it. >> call it the end of a high- calorie love affair. people all over the bay area are rushing to stores to get their final bite of golden sponge cake. elizabeth cook tells us you won't believe how much they're going for. >> reporter: laurie haggerty has a ritual. >> for me, it was almost like the oreo, where i would unravel it and eat the chocolate first, then eat the cream inside. >> reporter: for her, they aren't just a treat. they're nostalgia. shoppers stripped the shelves at hostess thrift stores, like this one, at the twinkies birth place in chicago. he's been stocking his market in san francisco with twinkies and cupcakes for years but he admits they haven't been selling well lately. >> i'm a twinkies fan. >> reporter: you can get a couple of hostess cakes for a few bucks. but after the news broke that the brand went belly-up, folks on craigslist are selling them for anywhere from $25 to $2,000 a case. >> i don't know if i should save them, but i think i'll eat them instead. >> we were one of the lucky ones to get to take home a couple of the more popular tweets, the cub cakes and of course the twinkies. the market was forced to take them off the store shelves, because ironically, they had an expiration date. >> $25 for a twinkie? you're eating money right now. >> here we go! dessert! >> we didn't do twinkies when we were kids. >> we may be regretting it later on tonight. >> bombs away! good-bye, twinkie! >> paul? >> you know what? we did crab last night. we're doing twinkies tonight. big change over a 24-hour period. big weather change as well. lots of rainfall out there. now the rain is spreading. let me show you high-def doppler. strongest radar in the bay area, showing you the best picture, the best clarity of the rainfall. i'm gonna show you a couple of spots right now. here we go. we're zooming in, showing you where the rain is and where it's not. oakland, you just had a round of heavy rainfall. another one is about five minutes away. berkeley, richmond, walnut creek, north to concord and pleasanton hill. coverdale, all the way up to clear lake, but santa rosa, you're getting a break. you've had a break all evening in the south bay. san jose, union city, palo alto, all rain-free. rainfall totals approaching one inch now for san rafael and santa rosa. keep an eye on daly city because of that mud slide. you're at one third of an inch of rainfall. a low pressure area just about to make landfall into northern california. the atmosphere will be very unstable, widespread showers tonight and early tomorrow because of that low pressure area. it moves out saturday afternoon. but then here comes another rainmaker, a cold front moving through. once the front is out of here, the rain chance goes away entirely, but between now and then, we will have a solid rain chance all the way until sunday. check out these rainfall totals. our computer is predicting anywhere from one to two inches of new rainfall by this time tomorrow night. it's also going to be pretty chilly. highs around 60 to 62 degrees. oakland, 62, concord, 61. rain moves out by sunday afternoon. we're dry on monday and tuesday. showers return on wednesday and for thanksgiving. and we will be right back. ,, lots of prepaid cards come pre-filled with problems. enough is enough. introducing the chase liquid reloadable card. with chase liquid, there's no waiting and no fee to activate you can load cash and checks at any chase depositfriendly atm and there are no withdrawal fees at over 17,500 chase atms all for one flat fee of $4.95 per month. get rid of prepaid problems. get chase liquid. whitney houston. we wanted to hear from s earlier, we brought you a special tribute on whitney houston. we wanted to hear from somebody who struck up an unusual friendship with her, kevin costner. when whitney houston died, her one-time costar got a call to speak at her funeral. >> i wasn't even sure why i was there, because there were a lot of people that she touched, and their lives. there just seemed to be this extra voice going, you know, the world has its view of who is close to her, and i was her bodyguard in a movie, so there was this weird kind of drum beat for me to say something which i didn't feel exactly qualified to. so i talked about what we had in common, which i think when people look at us in paper, they don't think we have a thing in common. >> costner talks about how they both grew up in the baptist church, the place where you can really get into big trouble passing notes to your friends. houston was one of the biggest pop stars of all time. costner still listens to her music. >> she's special in every sense of the word, you know. and she was a one-of-a-kind and there will be others that come after her, but they burn in a special way, and she was one of them. ♪ ♪ and i will always love you ♪ >> whitney houston sold 170 million albums, songs and videos. we'll be right back. ,,,,,,,,,,,,,, their 3-game road trip... nba up top, the warriors, they weren't fooling around tonight. they were running with the timberwolves to start their three-game road trip. stephen curry was a big factor. he had six assists in the game. had a hand in this one, although the night passed to david lee. the other man with 18, rookie harrison barnes, get out of his way! warriors shot 50% from the floor. beat the timberwolves 106-98. off to college basketball. mike montgomery and his bears off to a nice start against denver. forget about it. cal wins 72-61. they're 3-and-0 for the year. screaming video from hawaii! fourth-ranked stanford stopped no. 1 baylor, 71-69, in a rematch of the women's finals. they stopped a 42-game winning streak by the bears. chiney ogwumike, 18 points, 8 boards. jim harbaugh was back at practice today, a day after receiving treatment for an irregular heartbeat. he is now back coaching without any limitations. >> doctor said you need to go in and you need to get this done, this procedure done. and so, you know, i'm not gonna be stubborn like a mule. do what the doctors tell you. >> all right. today the blue jays signed free agent melky cabrera to a two- year deal worth $16 million. and that brings us to friday's top five. no. 5, women's soccer, courtney, scored a couple of goals to beat santa clara, two to one. on to the sweet 16 coming up on sunday. no. 4, a fast one. and he just loses the lakers. man, what a great move over metta world peace! no. 3, a tough dude. curls in for the touchdown. and air force wins. no. 2, argentine, soreno. he got kicked out. he says you know what? boom! i'm gonna leave. here's a skydiver and here's how he crashes a soccer game. yeah. you wanna see this? that player didn't know what was coming. until then. until then. here it is again, as we ,, we challenged the manufacturers to offer even lower prices.n. now it's posturepedic versus beautyrest, with $400, $500, up to $600 off. serta icomfort and tempur-pedic go head-to-head with 3 years interest-free financing. plus free same day delivery, set-up, and removal of your old set. when brands compete, you save. mattress price wars ends soon at sleep train. ♪ your ticket to a better night's sleep ♪
look into his eyes and keep talking and stay calm until paramedics arrived. when she got into the ambulance, he was right by her side. but she said then he just disappeared, before she could say thank you. >> i mean, he was the person i needed when i felt like my whole world had disappeared. >> reporter: teresa's father hopes one day he will be able to thank that service man, whoever he is. >> as a fellow serviceman, i'd like to say thank you to all the people who are serving us right now. and this man in particular, bringing comfort to my daughter at this time. >> he didn't, you know, stick around to receive any form of praise. he is truly deserving of everything. >> reporter: teresa says she is forever grateful. >> there are no words to describe. >> he was an angel, huh? >> yeah. >> reporter: juliette goodrich, cbs 5 eyewitness news. >> and teresa tells us she is waiting for the police report to see if the serviceman's name was written down. on breaking news, the westbound direction of 580 in oakland is a mess. all westbound lanes were closed for more than two hours. the chp began to reopen all lanes about 10 minutes ago. and all of this because of a shoot-out. there were two abandoned cars riddled with bullets near an exit. police think whoever was in them ran off. of course, we have traffic conditions 24/7 at cbssf.com/traffic. and then about a mile away, police were on the scene of another shooting in the neighborhood on seminary avenue at hilton street in oakland. police say a man was shot about 90 minutes ago and at this point we don't know if the two incidents are related. and cbs 5 reporter christin ayers spent tonight in an oakland neighborhood and we've agreed not to reveal exactly which neighborhood except to say it's in oakland hills. the people there have come up with quite the crime-fighting tool and they don't want the bad guys to know about it. >> reporter: from the warning signs in this neighborhood to the security cameras, the message to would-be burglars is clear. you are being watched. but the cameras you see are just the tip of the iceberg. there are many more that you don't see. now neighbors are taking their surveillance game to the next level. they've created a cooperative and have hidden cameras throughout the neighborhood and they're already catching criminals in the act. an expert computer surveillance man came up with the plan for the co-op after a woman was raped in her own home. >> never again would we allow a criminal to enter or leave our neighborhood undetected. >> reporter: 88 neighbors bought into the co-op for a few hundred dollars apiece. high-tech infrared hidden cameras. before long, the cameras had captured a hit-and-run, and this. a man prowling the neighborhood at 2 a.m., right around the time that cars were broken into. the co-op handed the man's license plate number over to police. >> right now, we're capturing more than 98% of all the cars that go by. >> reporter: the hidden cameras are so stealth that my photographer and i never realized that our pictures were being recorded. the images go to a cloud database, accessible by a few neighbors, only if a crime occurs. more than 10,000 are now interested in joining the co- op. >> i think that this is not going to solve all our problems. i do think that this will make us more safe, not just our neighborhood but all of oakland. >> reporter: in oakland, christin ayers, cbs 5. two suspects in a deadly crime spree in san jose -- one says he's sorry. jonathan wilbanks walked into court today with his head down. he had -- he and an accomplice are accused of killing a man during a carjacking and wounding a police officer after a series of armed robberies last friday. wilbanks' attorney says his client is extremely remorseful, but that may not help his case. >> the murder of rory, that potentially is a life without possibility of parole or a death penalty charge. the attempted murder of a police officer is a life offense in itself. >> despite a $20,000 reward and all-out man hunt, the second suspect is still on the loose. it is just after 9 in the morning on the israel-gaza border and both sides are respecting the cease-fire, for now. cbs 5 reporter elizabeth cook explains what happens next. >> reporter: the cease-fire means israel will stop targeted assassinations of militant leaders and palestinians in gaza will stop rocket attacks. many fear this cease fear is only a band-aid on a deep wound. after 20 hours of negotiations in egypt, secretary of state hillary clinton called the cease-fire the first step in a long process. >> now we have to focus on reaching a durable outcome that promotes regional stability and advances the security, dignity and legitimate aspirations of palestinians and israelis alike. >> reporter: hamas leader responded. after 24 hours, meeting tomorrow at 9 p.m. local cairo time, we'll begin to explore how to carry out the demands of the palestinian people, so that, god willing, the killing and aggression over gaza ends. >> if the missiles stop, it will be over, we hope. >> reporter: he remains cautiously optimistic about how long the cease-fire will actually last. hamas still has rockets and missiles. >> if they still have them, they might choose to use them. >> reporter: just this year, the u.s. has given over $3 billion to them. >> america is investing and maintaining the peace in the region and also the american interests in the region. >> reporter: now, the u.s. has given money, albeit much less, about $200 million to the palestinians, but that money only goes to the palestinian authority in the west bank and not to gaza. elizabeth cook, cbs 5. also in the news tonight, a manhole cover shot up out of the street in san francisco. smoke and sparks then shot out of the manhole on 11th and howard streets. it also happened just as the muni lines overhead started to arc. all this happening moments after crews responded to a traffic crash nearby. one word about this next story. ,ew. an overflow of sewage and water. there was enough sewage to force a closure of the beach and a no swimming alert. >> we have a combined sewer system here, so we're collecting storm water and sewage in the same pipe. it only gets overwhelmed when you have a lot of rain. it's about 10% sewage. >> cleanup crews blocked off about a quarter mile stretch of the northernmost segments of the beach. if you have plans to shop at a wal-mart over the next few days, you will be met by more than just the friendly greeters. dozens of pro-union protesters rallied at this oakland wal- mart today. similar rallies are planned for tomorrow and black friday. wal-mart is non-union. these protesters claim that the company denies their workers a living wage. wal-mart has asked the national labor relations board to stop the rallies, but a decision probably will not come in time. let's go to pleasant hill where people are camping outside of best buy. shoppers want to be the first in line to get those black friday bargains. some have been there for days. but one father and son just arrived. >> i'm here for him. we're going to get a laptop and big-screen tv tonight or tomorrow night. tents on the way. made our phone call. we realized the line wasn't too bad. we said we're going for it. >> the newcomers say they are learning from the veterans. there are people who have done this year after year. some of us tell us they haven't had thanksgiving dinner at home in years. well, some grinch stole a beloved bay area holiday display. >> stealing from kids. >> coming up, the case of the missing penguins. eat more and lose weight. but only if it's the right kind. the new way to look at dieting. >> do you recognize these people? >> huh-uh. >> it's not the sort of thing you would just toss away. why a search was launched for a bride and groom, because of the mementos that turned up in a bay area parking lot. we are so much different on the radar tonight compared to last night when we had that heavy rainfall moving through. we have mainly clear skies outside. only a seven-day forecast but a 90-day forecast, coming up in just a few minutes. ,, at bank of america, we're continuing to lend and invest in the people, businesses, and organizations that call the bay area home. whether it's helping a nonprofit provide safe, affordable housing within the city, supporting an organization that's helping kids find jobs and stay in school, or financing the expansion of a local company that's creating healthier workplaces, what's important to the people of the bay area is important to us. and we're proud to work with all those now. the westbound direction of 580 -- the maca -- boy, what a traffic mess in oakland right now. the westbound direction of interstate 580, the macarthur freeway in oakland, was closed for hours after a shoot-out. it reopened about 20 minutes ago, but as you can see, it is still gridlocked. a burglar suspect went on a rampage in pacific heights at an apartment building there, breaking windows and terrifying neighbors [ screaming ] >> police say this man was walking across the roof of several buildings at franklin and sacramento, trying to break in. one woman heard breaking glass and looked out the window to see the suspect directly below her, trying to smash in the door with a skateboard, so she called police. >> i called 911, please come. i don't want him to get in the building. i was afraid. >> police say the suspect appeared to be on drugs or possibly mentally ill. he was arrested and treated for cuts from the broken glass. police are on the hunt for the crook who ran off with a children's holiday display. cbs 5 reporter kiet do on the case of the stolen penguins. kiet? >> reporter: ken, when christmas in the park opens on friday, folks will see a whole lot of nothing. event organizers are not angry. they say it's a shame and they're very disappointed. they were your typical off-the- shelf stuffed penguins, a little dingy and worse for wear after years of christmas in the parking. nonetheless, they were our beloved penguins. >> you hate to have something like that happen. >> reporter: last week, someone hopped the fence and tore all penguins from their custom-made parachutes. >> you don't make a whole lot of money? >> no. >> the last thing you need to do is spend money to replace -- >> it still makes a difference to your bottom line. >> reporter: today someone found one of the penguins ditched behind a nearby building and returned it. replacements have already been ordered and the show will go on without the penguin flight school for now. >> i think it's horrible and they shouldn't be allowed here, i mean, stealing it from kids. i can't believe somebody would do that. >> reporter: and so the word on the street is that a homeless woman stole the penguins. a generous donor has come forward and once the penguins get here, they won't have a parachute. but they'll just be kind of floating there. live in downtown san jose, kiet do, cbs 5. and continuing the theme here, two lucky turkeys won't be showing up for thanksgiving dinner. >> in the spirit of the season, i have one more gift to give, and it goes to a pair of turkeys named cobbler and gobbler. the american people have spoken. and these birds are moving forward. >> for the first time, people voted on facebook for the bird they wanted to save. next stop for those turkeys, a specially prepared pen at mount vernon, george washington's estate. after that, a tranquil requirement. hanging out with the rest of the animals on the farm. go ahead. stuff yourself this thanksgiving! [ laughing ] >> not with those turkeys, though. kim says it's okay, really. >> apparently it's the latest way to lose weight. you can even eat candy. but not just any kind. no, no. >> reporter: the more we get, the more we get. but that can have consequences. >> obesity, diabetes. >> cholesterol problems. >> reporter: now a seismic shift. eat more, lots more, and lose weight. >> really? >> really! it's called volume-metrics. >> could volume portions be better than trying to limit your portion size? >> reporter: the idea, eat till your full. >> but you can't supersize with just any kind of food. you want to pile up on foods that are low cal and packed with water. vegetables carry a multitude of nutrients and in addition to that, fiber. >> reporter: registered dietician joanne says there's science to it. don't skip salad or soup as a first course. >> you want the food to be about 150 calories before the meal. >> reporter: do a little math and calculate the food's energy density. try to stick to choices that amount to two or less grams. lettuce, apples, and broccoli are zero. salmon and guacamole are two. another way to add volume, add air. >> when you make a smoothy or a shake, you're whipping air into that. >> reporter: it's better to enjoy cotton candy than jelly beans or whipped butter rather than butter. >> that totally makes sense. >> reporter: cbs 5. all right. big forecast for us right now. no pressure. >> with butter, not butter? >> whipped. >> so many folks want to get outside and work out after having that overindulgence of food. hope you enjoy it. weather conducive to get outside after. we're gonna be dry for the next several days. and we will likely be dryer than normal, the bay area the only place in the country forecast to be dryer than normal from december through february. that is our winter, folks. not the best news for skiers, but if you like sunshine, we'll be sunnier. as for tonight, watch out for some fog north of the golden gate. napa, 42. oakland, 48. redwood city, 46 degrees. mountain view, 47. a cold front moved through, gave us all that rainfall last night. we're looking at high pressure building into the bay area and that's going to deflect the storm track well up to our north to the tune of several hundred miles. so as those storms stay away, high pressure does not move, which means you get to enjoy sunny, mild and dry weather all the way into next week. what to expect? a little bit of fog in the north bay but a lot of sunshine for your thanksgiving. we will have warmer than normal weather all through the weekend. oakland, 66 tomorrow. san jose, beautiful thanksgiving, sunshine, 66. sunnyvale, 66. palo alto, 65. mid 60's from pleasant hill south to dublin. and right around 65 for san rafael. your extended forecast, keeping us sunny and dry, as i search for my voice. highs around 70 with mainly sunny skies and we will stay dry all the way until wednesday of next week. that is your cbs 5 forecast. we'll be right back. ,,,, but where are the bride and groom? reporter mike su a strange discoverly in a parking lot. a briefcase full of wedding pictures. >> but where are the bride and groom? we put mike sugerman on the case. >> very sentimental, obviously very precious to them. >> reporter: they opened the briefcase, found at a child care center parking lot. it's their wedding album from 2008, binded. what happened? a big fight? messy divorce? somebody just flung the thing out of a moving car? >> we suspect it was probably stolen and they just abandoned it. >> reporter: today, fremont police put an advisory out an its 7,000-strong alert system, because they don't know who the couple is. >> do you recognize these people? >> reporter: police have other important stuff to do so i tried to help. >> do you recognize any of these people? >> no. >> good-looking. >> thank you. >> reporter: are you vijay? call fremont police. help them make this an open-and- shut case. the a's lose a key piece of their play-off puzzle. who will be the 49ers starting quarterback? ,,,,,,,,,,,,,,,,,,,,,, chicago monday night, theres been one big question mark. " " ever since colin kaepernick's stunning performance over chicago monday night, there has been one big question mark. is there a quarterback controversy in your mind? >> it's not a controversy because a controversy is two opposing points of view. >> we've always supported each other, so we're going to keep doing that. >> if you can't be happy for your teammates' success, you're playing the wrong sport. go play tennis or golf or something. >> jim harbaugh told alex smith that kaepernick will be the starting quarterback sunday against the new orleans saints. the report claims that postconcussion symptoms suffered by smith were not a factor in the decision. tim ryan said one good game does not a season make. >> it was only one game. let's all keep that in perspective. as good as it was, it was one game. it was a confirming game. we'll see where they go from here. show me when he's done it for four games, when defensive coordinators can get a beat on it. when defensive coordinators get a look at where he likes to do and where he likes to go when it's crunch time, believe me, they will attack him differently. the warriors announce bogut will return to practice. stephen curry on fire. the warriors win 102-93. baseball, jonny gomes was huge in helping oakland win the american league west. after the season, i asked him if he planned on coming back next year. >> when you've been kicking your teeth as much as i have in the off-season, you realize nothing is a guarantee. with that being said, would i like to? absolutely, you know. but i'm not a gm or an agent. i'm a baseball player. >> jonny gomes will sign a two- year $10 million deal with the boston red sox. he had 18 home runs. his true value, i think, was in the clubhouse. an of course, we loved talking to him, because he was always a great sound bite. but with the a's budget, they don't have a lot of money. $10 million, i figure... >> little leaguers in petaluma are going to miss them. >> he was their big supporter. he gave them money so some of the parents who couldn't afford it were able to. ,,,,,,,,,,,,,,,,,,,, have a fantastic thanksgiving! and if you come across those missing penguins in san jose, be sure to alert police. >> take care. >> have a great holiday. ( band playing "late show" theme ) >> from new york, the greatest city in the world, it's the "late show" with david letterman. tonight...
secondhand smoke affects everyone's health. it's not just irritating. it can cause heart disease and even death. speak up about secondhand smoke. your health and the health of your family depend on it. you're watching cbs 5 eyewitness news in high definition. i mean, he was the person i needed when i felt like my whole world had disappeared. >> tonight, we are turning our airwaves over to a woman who is disparate to find her mystery -- >> she says the man helped her and then disappeared. the two clues that could identify him. >> i'm thankful to be alive. >> reporter: thankful, because her car flipped twice over a guardrail. a good samaritan came to her rescue. he was wearing military fatigues and knew how to respond in emergencies. >> he turned to the front of me and talked to me and did a quick physical exam to make sure i could feel, make sure my spine was intact and he just talked to me and kept me calm when i felt like i was going to pass out, when i was hyperventilating and not sure what was going on. >> reporter: she remembers he had bright green eyes. she says she remembers that detail because he told her to look into his eyes and keep talking and stay calm until paramedics arrived. when she got into the ambulance, he was right by her side. but she said then he just disappeared, before she could say thank you. >> i mean, he was the person i needed when i felt like my whole world had disappeared. >> reporter: teresa's father hopes one day he will be able to thank that service man, whoever he is. >> as a fellow serviceman, i'd like to say thank you to all the people who are serving us right now. and this man in particular, bringing comfort to my daughter at this time. >> he didn't, you know, stick around to receive any form of praise. he is truly deserving of everything. >> reporter: teresa says she is forever grateful. >> there are no words to describe. >> he was an angel, huh? >> yeah. >> reporter: juliette goodrich, cbs 5 eyewitness news. >> and teresa tells us she is waiting for the police report to see if the serviceman's name was written down. on breaking news, the westbound direction of 580 in oakland is a mess. all westbound lanes were closed for more than two hours. the chp began to reopen all lanes about 10 minutes ago. and all of this because of a shoot-out. there were two abandoned cars riddled with bullets near an exit. police think whoever was in them ran off. of course, we have traffic conditions 24/7 at cbssf.com/traffic. and then about a mile away, police were on the scene of another shooting in the neighborhood on seminary avenue at hilton street in oakland. police say a man was shot about 90 minutes ago and at this point we don't know if the two incidents are related. and cbs 5 reporter christin ayers spent tonight in an oakland neighborhood and we've agreed not to reveal exactly which neighborhood except to say it's in oakland hills. the people there have come up with quite the crime-fighting tool and they don't want the bad guys to know about it. >> reporter: from the warning signs in this neighborhood to the security cameras, the message to would-be burglars is clear. you are being watched. but the cameras you see are just the tip of the iceberg. there are many more that you don't see. now neighbors are taking their surveillance game to the next level. they've created a cooperative and have hidden cameras throughout the neighborhood and they're already catching criminals in the act. an expert computer surveillance man came up with the plan for the co-op after a woman was raped in her own home. >> never again would we allow a criminal to enter or leave our neighborhood undetected. >> reporter: 88 neighbors bought into the co-op for a few hundred dollars apiece. high-tech infrared hidden cameras. before long, the cameras had captured a hit-and-run, and this. a man prowling the neighborhood at 2 a.m., right around the time that cars were broken into. the co-op handed the man's license plate number over to police. >> right now, we're capturing more than 98% of all the cars that go by. >> reporter: the hidden cameras are so stealth that my photographer and i never realized that our pictures were being recorded. the images go to a cloud database, accessible by a few neighbors, only if a crime occurs. more than 10,000 are now interested in joining the co- op. >> i think that this is not going to solve all our problems. i do think that this will make us more safe, not just our neighborhood but all of oakland. >> reporter: in oakland, christin ayers, cbs 5. two suspects in a deadly crime spree in san jose -- one says he's sorry. jonathan wilbanks walked into court today with his head down. he had -- he and an accomplice are accused of killing a man during a carjacking and wounding a police officer after a series of armed robberies last friday. wilbanks' attorney says his client is extremely remorseful, but that may not help his case. >> the murder of rory, that potentially is a life without possibility of parole or a death penalty charge. the attempted murder of a police officer is a life offense in itself. >> despite a $20,000 reward and all-out man hunt, the second suspect is still on the loose. it is just after 9 in the morning on the israel-gaza border and both sides are respecting the cease-fire, for now. cbs 5 reporter elizabeth cook explains what happens next. >> reporter: the cease-fire means israel will stop targeted assassinations of militant leaders and palestinians in gaza will stop rocket attacks. many fear this cease fear is only a band-aid on a deep wound. after 20 hours of negotiations in egypt, secretary of state hillary clinton called the cease-fire the first step in a long process. >> now we have to focus on reaching a durable outcome that promotes regional stability and advances the security, dignity and legitimate aspirations of palestinians and israelis alike. >> reporter: hamas leader responded. after 24 hours, meeting tomorrow at 9 p.m. local cairo time, we'll begin to explore how to carry out the demands of the palestinian people, so that, god willing, the killing and aggression over gaza ends. >> if the missiles stop, it will be over, we hope. >> reporter: he remains cautiously optimistic about how long the cease-fire will actually last. hamas still has rockets and missiles. >> if they still have them, they might choose to use them. >> reporter: just this year, the u.s. has given over $3 billion to them. >> america is investing and maintaining the peace in the region and also the american interests in the region. >> reporter: now, the u.s. has given money, albeit much less, about $200 million to the palestinians, but that money only goes to the palestinian authority in the west bank and not to gaza. elizabeth cook, cbs 5. also in the news tonight, a manhole cover shot up out of the street in san francisco. smoke and sparks then shot out of the manhole on 11th and howard streets. it also happened just as the muni lines overhead started to arc. all this happening moments after crews responded to a traffic crash nearby. one word about this next story. ,ew. an overflow of sewage and water. there was enough sewage to force a closure of the beach and a no swimming alert. >> we have a combined sewer system here, so we're collecting storm water and sewage in the same pipe. it only gets overwhelmed when you have a lot of rain. it's about 10% sewage. >> cleanup crews blocked off about a quarter mile stretch of the northernmost segments of the beach. if you have plans to shop at a wal-mart over the next few days, you will be met by more than just the friendly greeters. dozens of pro-union protesters rallied at this oakland wal- mart today. similar rallies are planned for tomorrow and black friday. wal-mart is non-union. these protesters claim that the company denies their workers a living wage. wal-mart has asked the national labor relations board to stop the rallies, but a decision probably will not come in time. let's go to pleasant hill where people are camping outside of best buy. shoppers want to be the first in line to get those black friday bargains. some have been there for days. but one father and son just arrived. >> i'm here for him. we're going to get a laptop and big-screen tv tonight or tomorrow night. tents on the way. made our phone call. we realized the line wasn't too bad. we said we're going for it. >> the newcomers say they are learning from the veterans. there are people who have done this year after year. some of us tell us they haven't had thanksgiving dinner at home in years. well, some grinch stole a beloved bay area holiday display. >> stealing from kids. >> coming up, the case of the missing penguins. eat more and lose weight. but only if it's the right kind. the new way to look at dieting. >> do you recognize these people? >> huh-uh. >> it's not the sort of thing you would just toss away. why a search was launched for a bride and groom, because of the mementos that turned up in a bay area parking lot. we are so much different on the radar tonight compared to last night when we had that heavy rainfall moving through. we have mainly clear skies outside. only a for over 60,000 california foster children, the holidays can be an especially difficult time. everything's different now. sometimes i feel all alone. christmas used to be my favorite. i just don't expect anything. what if santa can't find me? to help, sleep train is holding a secret santa toy drive. bring your gift to any sleep train, and help keep the spirit of the holidays alive. not everyone can be a foster parent, but anyone can help a foster child. now. the westbound direction of 580 -- the macart -- boy, what a traffic mess in oakland right now. the westbound direction of interstate 580, the macarthur freeway in oakland, was closed for hours after a shoot-out. it reopened about 20 minutes ago, but as you can see, it is still gridlocked. a burglar suspect went on a rampage in pacific heights at an apartment building there, breaking windows and terrifying neighbors [ screaming ] >> police say this man was walking across the roof of several buildings at franklin and sacramento, trying to break in. one woman heard breaking glass and looked out the window to see the suspect directly below her, trying to smash in the door with a skateboard, so she called police. >> i called 911, please come. i don't want him to get in the building. i was afraid. >> police say the suspect appeared to be on drugs or possibly mentally ill. he was arrested and treated for cuts from the broken glass. police are on the hunt for the crook who ran off with a children's holiday display. cbs 5 reporter kiet do on the case of the stolen penguins. kiet? >> reporter: ken, when christmas in the park opens on friday, folks will see a whole lot of nothing. event organizers are not angry. they say it's a shame and they're very disappointed. they were your typical off-the- shelf stuffed penguins, a little dingy and worse for wear after years of christmas in the parking. nonetheless, they were our beloved penguins. >> you hate to have something like that happen. >> reporter: last week, someone hopped the fence and tore all penguins from their custom-made parachutes. >> you don't make a whole lot of money? >> no. >> the last thing you need to do is spend money to replace -- >> it still makes a difference to your bottom line. >> reporter: today someone found one of the penguins ditched behind a nearby building and returned it. replacements have already been ordered and the show will go on without the penguin flight school for now. >> i think it's horrible and they shouldn't be allowed here, i mean, stealing it from kids. i can't believe somebody would do that. >> reporter: and so the word on the street is that a homeless woman stole the penguins. a generous donor has come forward and once the penguins get here, they won't have a parachute. but they'll just be kind of floating there. live in downtown san jose, kiet do, cbs 5. and continuing the theme here, two lucky turkeys won't be showing up for thanksgiving dinner. >> in the spirit of the season, i have one more gift to give, and it goes to a pair of turkeys named cobbler and gobbler. the american people have spoken. and these birds are moving forward. >> for the first time, people voted on facebook for the bird they wanted to save. next stop for those turkeys, a specially prepared pen at mount vernon, george washington's estate. after that, a tranquil requirement. hanging out with the rest of the animals on the farm. go ahead. stuff yourself this thanksgiving! [ laughing ] >> not with those turkeys, though. kim says it's okay, really. >> apparently it's the latest way to lose weight. you can even eat candy. but not just any kind. no, no. >> reporter: the more we get, the more we get. but that can have consequences. >> obesity, diabetes. >> cholesterol problems. >> reporter: now a seismic shift. eat more, lots more, and lose weight. >> really? >> really! it's called volume-metrics. >> could volume portions be better than trying to limit your portion size? >> reporter: the idea, eat till your full. >> but you can't supersize with just any kind of food. you want to pile up on foods that are low cal and packed with water. vegetables carry a multitude of nutrients and in addition to that, fiber. >> reporter: registered dietician joanne says there's science to it. don't skip salad or soup as a first course. >> you want the food to be about 150 calories before the meal. >> reporter: do a little math and calculate the food's energy density. try to stick to choices that amount to two or less grams. lettuce, apples, and broccoli are zero. salmon and guacamole are two. another way to add volume, add air. >> when you make a smoothy or a shake, you're whipping air into that. >> reporter: it's better to enjoy cotton candy than jelly beans or whipped butter rather than butter. >> that totally makes sense. >> reporter: cbs 5. all right. big forecast for us right now. no pressure. >> with butter, not butter? >> whipped. >> so many folks want to get outside and work out after having that overindulgence of food. hope you enjoy it. weather conducive to get outside after. we're gonna be dry for the next several days. and we will likely be dryer than normal, the bay area the only place in the country forecast to be dryer than normal from december through february. that is our winter, folks. not the best news for skiers, but if you like sunshine, we'll be sunnier. as for tonight, watch out for some fog north of the golden gate. napa, 42. oakland, 48. redwood city, 46 degrees. mountain view, 47. a cold front moved through, gave us all that rainfall last night. we're looking at high pressure building into the bay area and that's going to deflect the storm track well up to our north to the tune of several hundred miles. so as those storms stay away, high pressure does not move, which means you get to enjoy sunny, mild and dry weather all the way into next week. what to expect? a little bit of fog in the north bay but a lot of sunshine for your thanksgiving. we will have warmer than normal weather all through the weekend. oakland, 66 tomorrow. san jose, beautiful thanksgiving, sunshine, 66. sunnyvale, 66. palo alto, 65. mid 60's from pleasant hill south to dublin. and right around 65 for san rafael. your extended forecast, keeping us sunny and dry, as i search for my voice. highs around 70 with mainly sunny skies and we will stay dry all the wa it's time to change the way we clean. it's time to free ourselves from the smell and harshness of bleach. and free ourselves from worrying about the ones we love. new lysol power & free has more cleaning power than bleach. how? the secret is the hydrogen peroxide formula. it attacks tough stains and kills 99.9% of germs. new lysol power & free. powerful cleaning that's family friendly. another step forward in our mission for health. try these. new cepacol sensations cools instantly, and has an active ingredient that stays with you long after the lozenge is gone. not just a sensation, but where are the bride and groom? w reporter mike a strange discoverly in a parking lot. a briefcase full of wedding pictures. >> but where are the bride and groom? we put mike sugerman on the case. >> very sentimental, obviously very precious to them. >> reporter: they opened the briefcase, found at a child care center parking lot. it's their wedding album from 2008, binded. what happened? a big fight? messy divorce? somebody just flung the thing out of a moving car? >> we suspect it was probably stolen and they just abandoned it. >> reporter: today, fremont police put an advisory out an its 7,000-strong alert system, because they don't know who the couple is. >> do you recognize these people? >> reporter: police have other important stuff to do so i tried to help. >> do you recognize any of these people? >> no. >> good-looking. >> thank you. >> reporter: are you vijay? call fremont police. help them make this an open-and- shut case. the a's lose a key piece of their play-off puzzle. who will introducing smooth sensations cream cheese spread from the laughing cow. it's rich, indulgent and 45 calories. mmm it's so good -- it practically sells itself. cut, cut. sells itself? i've poured myself into this commercial. ♪ don't be boring ♪ indulge in the morning ya! [ squeaking ] yay! [ female announcer ] introducing smooth sensations cream cheese spread from the laughing cow. chicago monday night, theres been one big question mark. " " ever since colin kaepernick's stunning performance over chicago monday night, there has been one big question mark. is there a quarterback controversy in your mind? >> it's not a controversy because a controversy is two opposing points of view. >> we've always supported each other, so we're going to keep doing that. >> if you can't be happy for your teammates' success, you're playing the wrong sport. go play tennis or golf or something. >> jim harbaugh told alex smith that kaepernick will be the starting quarterback sunday against the new orleans saints. the report claims that postconcussion symptoms suffered by smith were not a factor in the decision. tim ryan said one good game does not a season make. >> it was only one game. let's all keep that in perspective. as good as it was, it was one game. it was a confirming game. we'll see where they go from here. show me when he's done it for four games, when defensive coordinators can get a beat on it. when defensive coordinators get a look at where he likes to do and where he likes to go when it's crunch time, believe me, they will attack him differently. the warriors announce bogut will return to practice. stephen curry on fire. the warriors win 102-93. baseball, jonny gomes was huge in helping oakland win the american league west. after the season, i asked him if he planned on coming back next year. >> when you've been kicking your teeth as much as i have in the off-season, you realize nothing is a guarantee. with that being said, would i like to? absolutely, you know. but i'm not a gm or an agent. i'm a baseball player. >> jonny gomes will sign a two- year $10 million deal with the boston red sox. he had 18 home runs. his true value, i think, was in the clubhouse. an of course, we loved talking to him, because he was always a great sound bite. but with the a's budget, they don't have a lot of money. $10 million, i figure... >> little leaguers in petaluma are going to miss them. >> he was their big supporter. he gave them money so some of the ,,,,,,,,