Construction site. Chopper 5 caught the aftermath. A worker died after being hit by a heavy piece of equipment at almaden and bruce valley in san jose where a Large Development is being built. Len ramirez says investigators know what happened. Reporter the excavator was apparently working at an odd angle in this residential Hillside Development when it struck the worker with a deadly blow. Fire crews were first to arrive but the worker, identified only as an hispanic man in his 20s, was pronounced dead at the scene. The excavator was moving position. I dont know where the victim was, but the bucket from the excavator struck the victim. Reporter the general contractor on the site declined to comment. Sheriffs investigators interviewed witnesses and documented the scene. This is a death investigation. We do treat it as a criminal investigation until it can be determined it was an accident. Reporter besides the sheriffs department, cal osha investigators are also on the scene. Their job is to determine whether or not all relevant safety procedures were being followed at the time of the accident. In san jose, len ramirez, kpix 5. A woman on a west coast backpacking trip was found murdered in golden gate park. Police today releasing her identity to help with leads. 23yearold audrey carey was a tourist from canada. Her body was found face down in the park on saturday morning. Police say she had bluntforce trauma to her head. Careys body was found near Bernice Roger way and jfk drive. She was in San Francisco for the last part of her twoweek trip. Police arent saying whether she attended the hardly strictly Bluegrass Festival on friday night. Careys death has people who live in the area on edge. Im shocked really because i come through here all the time and i feel pretty safe. Carey was from montreal and is described by friends as someone who was full of life. San Francisco Police are asking anyone with information to give them a call. A copilot passes out midflight on the way to San Francisco. Its the second time in two days that a sick pilot has forced an emergency landing. The United Airlines flight took off from houston this morning. It was diverted to the albuquerque sunport where it landed at 8 30. The copilot walked off the plane by himself and went to the hospital to be checked out. He is going to be okay. The passengers were put on other flights to San Francisco. Yesterday American Airlines pilot Michael Johnston died of Natural Causes during a flight from phoenix to boston. The copilot landed the plane in syracuse, new york. Johnstons wife says her 57 yearold husband has a history of heart problems and had a double bypass surgery in 2006. The Sonoma CountySheriffs Office is denying allegations jail guards beat more than 20 inmates. Today a lawyer representing some of the inmate sheriffs letters, the federal lawsuit says they were beat then an attack that took place over the course of hours with inmates begging deputies to stop. Sheriffs categorical denial of allegations of torture doesnt carry much weight with us. We know what the sheriff thinks is okay and passes for policy. So that he denies that these events were torture while not denying that they actually took place is of no serious concern to the parties of this lawsuit. The sheriff said the guards were responding to a mass disturbance that threatened the safety of the staff. California is making history tonight for women and pay equality. Ken bastida in the newsroom with details of landmark legislation that became law today. Ken. Reporter a big step for gender equality in richmond today with rosie the riveter looking on. Governor signed the strongest pay protections ever for women in the workforce. This is really a big day, important, inequities that have plagued our state and have burdened women for forever are slowly being resolved. Yeah. The governor signed into law the california fair pay act designed to eliminate pay gaps between men and women. It prohibits employers from paying workers of the opposite sex different wages for doing substantially similar work. It allows women to file complaints for pay discrimination and it bars employers from retaliating against employees who ask about wages paid to coworkers. It also puts the burden on employers to prove a mans higher pay is based on factors other than gender. You know, women hold up half the sky. And so do men. And together, working together, recognizing the importance of the contribution women make to our society and our economy is critically important. Hannahbeth jackson sponsored the legislation after a study found women in california make 84 cents for every dollar earned by a man and for minority women it is far less. So how will this law work for women . Well, coming up at 6 00, what women can do to be proactive and make sure that they are not getting shortchanged in the workplace. Allen, back to you. Thank you. Chelsea clinton is in the bay area helping inspire students to help make the world a better place. She visited middle and High School Students in San Francisco today. The students presented projects that demonstrate the message of clintons new book called, its your world get informed, get inspired and get going. I kind of even the smallest thing can help the environment and the world basically and there are so many small things that im not doing that i could help to change the world. Part of clintons message is for kids to reach beyond the classroom to build sustainable and empowering solutions to poverty. Our bay area headlines, hundreds of Contra Costa County nurses are staging a twoday strike. They are demanding new contracts but talks have been stalled for more than a year over wages, benefits and working conditions. The Contra Costa CountyRegional Medical center brought in substitute nurses. A home in sunnyvale is badly damaged by a fire. Chopper 5 above the home on West Englewood avenue just a few hours ago. Firefighters pouring lots of water on this twoalarm blaze from the ground and the ladder truck. The flames appear to have started in the garage. This makes you cringe in a drought. In redwood city, a water main broke around noon at Kaiser Hospital on marshall street between walnut and maple. Marshall street is reopened to traffic. Repairs could take another hour. Muni scores the best in the state in the new report card on rail transit stations. Muni got a b, bart b minutes, santa clara vta c minus. The report by ucberkeley and Research Group next 10 looked at factors like neighborhood walk ability and assets to housing and jobs. The study singled out munis Church Street station as the best in the state. Barts best was the civic center station. And the vtas best, the japantown air station in san jose. The worst for muni the third and marin station. The San Francisco airport station got the lowest score for bart. And for vta, the middlefield station in mountain view. And one more note on mass transit. It started as a Pilot Program and now its the law. The governor signed legislation allowing San Francisco to continue mounting cameras on muni buses so they can ticket lane blockers. Forwardfacing cameras on buses capture license plate information and 110 tickets are sent out to drivers parked illegally in bus lanes. Smile, theyre watching. The bay areas known for its giant gourds but theres Something Different this halloween. Im Juliette Goodrich. Its pumpkin season but notice Something Different about these pumpkins . They are smaller. Coming up, ill tell you why pumpkin farms are forced to go out of state for bigger pumpkins this season. A massive recall. Tonight youll want to check your cheerios box. The mistake at a Northern California plant that could pose a Serious Health risk. And things are warming up a little bit all around the bay area. Well see how long that is going to last with the forecast coming up. Plus, a fantasy football fumble. How insiders are accused of cheating the system to win big. ,,,, blame it on the drought. You may not be able to find the Great Pumpkin this year from california and you can blame it on the drought. Kpix 5s Juliette Goodrich is at a Pumpkin Patch that had to bring them in from another state. Reporter hi, veronica. Were in san ramon. These pumpkins are ripe, ready and smaller and thats the case across the state because of the drought. But the owner says be assured in a few days bigger ones are coming in from oregon by the truckloads. If you see a pumpkin you like, you got pick it out, well put it in the cart. Reporter these sisters set out to find the biggest pumpkin. I really like that pumpkin. Reporter and chase did, too. He did all right for his size. Pretty strong. Reporter but if you look around this seasons pumpkins are, well not so big. Yeah. I noticed that they were all kind of uniform size and normally see more variety. Its big enough. And easy enough for a kid to handle to carve a nice face on. It these here are medium but i have large and jumbos coming in. Reporter he owns the Castro Valley pumpkin farm and is anxiously awaiting truckloads of pumpkins from silverton, oregon. Expecting 50 pounds or so. Reporter so triple the size. Farmers in oregon sent him these photos and new video of big orange pumpkins with healthy stems ready to be loaded up and driven to his farms in the next couple of days. Lack of winter rain and the recent high temperatures caused californias pumpkins to ripen early. Some withering on the vine. And while these california grown pumpkins dont quite measure up this season sorry, honey, youre too small for this ride. Can i hold it . Reporter for some its not about the biggest one on the lot. As for chase, he just loved halloween. Big pumpkins or not. I like to carve the pumpkin. Reporter all right. So johnny says this pumpkin is about 10 pounds. Feels about right. He says he has 40 to 50 pounders coming none from oregon in the next couple of days. Thats a lot of pumpkin seeds. In san ramon, Juliette Goodrich, kpix 5. The drought is so bad in one Northern California city, restaurants are being ordered to use disposable plates, cups and plasticware. The river that is the primary source of Drinking Water in the area is so low that ocean water it leeching into the municipal pipes. The sign was given to all restaurants in towns saying its an absolute necessity to use disposable tableware during the water crisis. Residents and businesses are also required to cut their water use by 30 . Dont let the sunshine fool you. That warning from south carolinas governor as the flood soaked state struggles to recover from historic rains. 17 people died in two states when a storm fed by Hurricane Joaquin pounded the mid atlantic. 18 dams have been breached or they failed. Tens of thousands of people are without power and drinkable water. The National Guard is scramble to shore up smaller dams still in danger of failing. A manifesto left by the oregon campus shooter claimed he was the only sane one. In a note that was several pages long, Chris Harper Mercer wrote everyone else is crazy. He also lamented his lack of a girlfriend. The gunmans mother told authorities her son was struggling with Mental Health issues. He shot nine students to death on the Umpqua Community college before killing himself last week. President obama will visit with the victims families on friday. Doctors without borders is calling the deadly u. S. Bombing of a hospital in afghanistan a war crime but the Top Commander in there says it was a mistake. We would never intentionally target a protected medical facility. General John Campbell told a senate panel that Afghan Forces requested the air strikes during a battle with taliban fighters. U. S. Special ops forces were also on the ground near the attack. The bombing killed 22 doctors, Staff Members and patients. Doctors without borders is calling for an independent investigation of the air strike. The mood at fleet week turned serious today as marines used an osprey aircraft to train for a major earthquake. The massive aircraft landed this morning at Moffett Field t can fly twice as fast as a typical hospital and can land between buildings. The osprey also enables medical teams to perform surgery and provide blood transfusions in disaster zones and for a full list of fleet week events, log on to cbssf. Com fleet week. Tonight, a massive cheerios recall is traced back to Northern California. General mills is pulling nearly 2 million boxes of cheerios made at its plant in lodi. Reporter ron jones says, the boxes labeled glutenfree might actually contain wheat. Reporter cheerios has graced the american Kitchen Table since 1941. For many, its a breakfast food staple. But now the cereal maker has a warning. Its enacted a voluntary recall because of wheat contamination in the serials sold as gluten free products. If you have symptoms, you should avoid it. Reporter this doctor a food allergy specialist in sacramento says people with gluten intolerance can suffer from illness or discomfort such as hives or vomiting. And for those suffering from celiac disease, the symptoms are more severe from depression to loss of bone density over time. General mills Vice President jim murphy released a statement saying in part, i am embarrassed and truly sorry to announce today that we are recalling boxes of cheerios and honey nut cheerios produced on several days at our lodi, california far, silt. There have been two reports of illnesses so far from the lodi, california, facility. I think its important if you have a food allergy or celiac disease to have relationships with the people who are producing your food. Reporter melanie owns a glutenfree Specialty Store in sacramento. She says she investigates her vendors thoroughly to reduce the risk of gluten contamination on her shelved. These things can be hidden in the manufacturing facility. Its important to know thats a problem. Reporter in lodi, ron jones for kpix 5. So why buy a burger for dinner when you could munch on an egg mcmuffin . Today mcdonalds is making that choice yours. In a four boost sales the fast food giant is selling breakfast all day long. After the clock strikes 10 30 a. M. , bay area breakfast lovers can still order their pancakes, hash browns and other favorites, but be warned, the menu is limited and varies by restaurant. [ laughter ] [ overlapping speakers ] now that we know that what do we do . Choices, choices. Im telling you, when i was pregnant i wanted the big breakfast and i had to wait until the next morning. Now we have options [ laughter ] sunny skies around the bay area. It will stay that the rest of the week. Something weird is happening in the pacific something we have not seen as long as records have been kept. Well show that you in a minute. First well show you what happened to the low that was over the bay area saturday night and then kicked out to the southland causing flooding in l. A. 24 hours ago. Now its over the Desert Southwest and out of california. And they are getting some rain out there in arizona and it will move into the new mexico. Right now toward mount diablo 77 at concord in the city 67. San jose 74. Santa rosa 75. Lets visit to the Tropical Island of hawaii. Looks good. Theres the big island. A little volcanic island chain thats out there in the pacific. But when we pull back, look at whats just south of the island. Hurricane ojo. The winds are minimal a category 1 hurricane. Its not a threat to the island. The surf will be up and they might get some rain but it wont score a direct hit. In fact, its moving in a really strange direction projected trajectory of this takes it right up into the Central Pacific by thursday. Thats never happened this late in the Hurricane Season in october. Its unprecedented. They have been keeping records since 1949 and the idea of a hurricane moving up into the Central Pacific and hold together long enough to still be a minimal hurricane is weird. Its not a threat to the california coastline as a hurricane. Far from it. But because of the trajectory of this thing, there could be enough moisture left from it, wont be a hurricane but plenty of moisture in the atmosphere so it could really have an impact on British Columbia and the Pacific Northwest by early next week. We see . Implications for us . Not yet but stay tuned as we continue a season of weird weather. The low kicks out, sun hangs in mild week with sunny skies. On the weekend 90 inland on friday. So to sum it up, a little bit warmer on wednesday, 90 degrees inland by friday but no rain on the horizon not yet anyw