tv KPIX 5 News at 11PM CBS August 22, 2019 11:00pm-11:35pm PDT
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a man who attacked the owner of a store is going free. for now. why the district attorney decided to hold off on pressing charges. . >> wildfire in shasta county, sending people scrabbling to save property and pets. >> yard was on fire so grabbed -- put my shoulder in the door and grabbed the dog. >> helps victims of hate crimes. how coffee shops in san jose are banding with police. >> good evening. >> there was no shortage of shop owner was fighting on the street with an attacker. where are the charges tonight? the moments before the attack was caught on camera. >> joe vazquez tells us prosecutors say they need more
to prove forward. >> reporter: the owner tells me he is upset and worried about his safety after learning the man was set free. the district attorney's office decided not to press charges yet as the investigation continues. >> very disappointing because i have the scare of my life. >> reporter: surveillance video catches the action inside the store. a homeless man wanders inside, the owner throws him out and follows him outside after the man began harassing customers. he tripped on his door step and fell to the ground. >> i say you need go. he don't want to go. and then i -- my leg is -- i stand up and stumble and fall. >> the surveillance video is hard to see but it shows him moving quickly toward the man outside before he falls. at that point he says the man
jumped on top of him and put him in a chokehold. he could barely breathe. his son brought out a baseball bat and that is when the man left. two hours later police arrested the 51-year-old on three felony charges. it took so long to make the arrest because he didn't call 911 right away. in a statement the district attorney's office said he may have been trying to defend himself. and the evidence was not enough. the video from inside the store does not capture what happened after he ran out the door in the direction of the suspect. >> holding someone in a choke held to the point where you are trying to make them pass out, which risks deaths by the way that that is not adequate to charge him with something. >> i have to say a part of me in that video sees the truth of the owner's story and a part of me sees it is inconclusive. if a defendant says i was acting in self-defense, he
doesn't like me and came after t his shop and the owner was aggressive. how does the prosecutor contradict that if the video doesn't support the shop owners' statement. >> reporter: joe vazquez, kpix 5. days after a scary attack was caught on camera there has babe second assault outside the same condo building in san francisco. surveillance video shows a man running up the street, up beal street tuesday night, punching a guy in the face and then taking off. police say the victim was getting out of a ride share vehicle. it happened in front of the condo complex again. the same spot where a homeless man is accused of attacking a woman nine days ago. he is now in jail. the latest suspect is still on the loose. new video from sacramento where a train derailed.
you can see the emergency response there and we le22 peop no word yet on what caused the train derailment. right now crews are peak hadding progress on a wildfire that forced 4,000 people to evacuate. rachel is in shasta county northeast of redding where the threat of fire is becoming a way of life. >> she was camped out after heeding the call to get out. >> my neighbor is screaming next door because we have been through this before. >> reporter: she lived through two big fires. in 1999 and 2024 where two of her horses died. >> i lost my house to a fire on the ridge. >> reporter: and this time it was just as serious. >> as soon as we saw how close it was, we just -- we had to get out. >> reporter: winds fueled the fire as it burned through dry grass and brush, destroying one structure. >> looked a little bit like a nuclear bomb.
and it was getting bigger. >> reporter: he came to check on his parent's home. >> had a front row seat. >> reporter: he was glad to see his home after the deadly fires last year. >> i think the dramatic effect it had caused a much more dramatic response so they were pounding it hard. >> reporter: cal fire says they approach each fire aggressively. >> we had aircraft, a large number of air tankers and helicopters and ground resources from engines to crews to dozers. water tenders. we had everything out there. >> reporter: 600 acres had burned and the fire was 20% contained. good news are jones who will have to wait with the others until tomorrow to return home. >> amen. amen. absolutely. but the problem i worry about is the embers falling. >> reporter: highway 299 is
back open along with dry creek road up the roadinto the area w hit the harder. power is still out tonight. it is not safe to go back in and fire crews will be here throughout the evening. kpix 5. senator bernie sanders in san francisco after touring wildfire damage in paradise. we caught up with him after dinner with he pitched his -- where he pitched his plan to combat climate change. >> i am proudest that we have put together i think the most comprehensive approach to address climate change. to tell the possible fuel industry that they cannot destroy this planet. >> tomorrow bernie sanders will join kamala harris and other 2020 democratic candidates that democratic national committee summer meeting and he will host a town hall on college costs and student debt.
>>guns used to commit crimes in the county are not registered in california. a report by the district attorney's office found of the 862 guns used to commit crimes last year in the country, only 432 were registered in california. just 66 were registered to the person arrested. that is less than 8%. tonight police in southern california say another mass shooting may have been averted. this is what they found at the suspect's trailer. multiple high powered firearms. hundreds of rounds of ammunition and gear. the suspect is a cook at marriott. investigators say the suspect was upset about an hr issue. and banks will asa safe victims of hate
crimes. kpix 5's maria medina on the first businesses to sign on. >> reporter: the program is called safe place, and tonight we learned all wells fargo banks and starbucks in san jose have become the first businesses to help hate crime victims. >> i hear about hate crimes every single day. >> reporter: she says it a reality every day in san jose. >> we are talking about violence. >> reporter: she says many victims don't go to police for fear. >> when people are afraid of retaliation. if you don't catch the person who brutalized you, you are afraid they will come out of the wood work if you speak out. >> reporter: deeper than that she says many minority groups.
businesses and organizations that join are trained to call police for hate crime victims and keep them safe until officers arrive. >> african-american, asian, latino, we are minorities that have mixed reactions to the police and so any kind of effort to heal that i think is important. >> reporter: she witnesses the heart ache every day from victims. and hopes to see the safe place decal spread throughout businesses in san jose which will spread the message that hate crimes won't be tolerated in the city. >> so people can walk down the street, have relationships with peop and not be brutalized. >> reporter: in 2017 they reported nearly 60 hate crimes.
maria medina, kpix 5. police in pleasant hill arrested a mail thief disguised as a mail carrier. we brought you the surveillance video on saturday showing the guy steeling packages dressed as a postal worker. police tracked down the stolen items that suspect's home today. >> reporter: tonight b.a.r.t. is looking at whether it can ban street performers and panhandling from trains. the aclu plans to challenge the proposal in court. people who ride b.a.r.t. say it is hard to escape the panhandling. >> i see it every day. in the morning, 5:00 p.m., in the evenings too i see it. >> it is almost like a job. >> yeah. every day thing. >> panhandling is protected free speech under the first amendment. >> i think the pays to get in and sit on that train they have rights too.
>> b.a.r.t. director proposed the ban after riders complained to her. the ban needs five votes to pass. the agency plans to study if the proposal would even stand up in court. tonight a b.a.r.t. station just got the green light but this one will not be at the end of the line. work will begin in 2022 on the new two story station in fremont. the stop is between the main station and warm springs and the smaller station will prioritize accessibility for pedestrians and bicyclists. the goal is to have it running by 2026. known as one of the worse streets in oakland and now it is the smoothest and this is just it beginning. >> panic in paradise. a plane load of passengers off to a bumpy start. >> and the first credit card to
. a bumpy ride coming to an end tonight.. neighbors are saying finally. kpix 5's christin ayers is at herald street and fruit vail avenue to show us the great pave. >> reporter: until this afternoon this section of herald street was one of the bumpiest roads in oakland, now it may be one of the smoothest thanks to a project the city calling the great pave. >> as soon as you go up boom, boom, boom. >> horrible. >> reporter: east oaklanders say that is how driving down hill street used to sound. >> it was hard to drive. you didn't know if you would get a flat tire in the middle.
it was horrible. >> reporter: and then today years of neglect transformed into this. >> we announced the three-year plan to repave our streets. repave. aompletrepa. >> reporter: he says the declining streets of east and west oakland have been overlooked for years. in 2015 we were there as neighbors rallied and spray painted fix me on pot holes in the street. >> those are areas that are daily neglected from the mayor to the city council to the schools. >> reporter: he said a study confirmed what people who live here already know. the greatest need are street paving is right here in his district. a 2016 bond measure approved by voters will allocate $100 million over three years toward
fixing hundreds of streets like these in oakland. including 71 streets in east oakland. riddled with contraction, pot holes and uneven surfaces. neighbors relived to finally see the changes -- relieved to finally see the changes. >> everybody is smiling. >> it is amazing. >> reporter: all together the city of oakland plans to pave about 100 miles of streets over the next three years. christin ayers, kpix 5. a stretch of 101 is back open in san francisco after a hit-and-run crash tied up traffic for hours. chopper 5 over the scene. the crash caused a truck to slam into the guardrail knocking concrete loose. new video from los angeles coming in. an impatient driver tried to run a psychoest off the road.
check it out -- cyclist off the road. check it out. getting out in front of him and slamming on her brakes. at one point she got out of the car. and -- she tumbled off the curb. then she pulled an object out of her car and things got a little scary. >> at that stage i am like what is she going to take out, a gun, a weapon. >> really, we just need better infrastructure and better bike lane systems. >> the cyclist called police and said the case went to court, the driver pled guilty and was sentenced to community service. >> scary. two hours ago, a failed engine to an emergency for a hawaiian airline flight. oil leaked out causing the causing the cabin to fill with
smoke. kpix 5's andria borba with more. >> reporter: passengers boarded the flight in oakland thinking they were headed to paradise, some of them ended up in the hospital with 20 minutes left on the flight. the cabin filled with smoke. forcing people to duck to get clear air to breathe. >> we had to go like this to breathe. prepare for an emergency landing and evacuation. >> coming to a stop. >> thank you. >> we have emergency personnel on the way. >> reporter: the slides had to be deployed and the officials looked for the source of the smoke. >> something you will never think you will do but you go very fast.
and helping you up. >> reporter: seven people were taken to the hospital due to smoke inhalation. it is unknown at this time whether the faa and ntsb will go on the ground in on the try to determine the cause of this smoke. andria borba, kpix 5. >> tonight the airline had this to say, we apologize to our passengers for this incident and thank them as well as first responders and airport officials for their cooperation and assistance in a swift and safe vacation. . the apple card just launched this week with a slick finish but the company says handle with care. apple says keep the card away from keys, cards, and coins that could scratch the delicate surface and don't let it rub against legitser or denim that might discolor it. apple recommends keeping it in a pocket or bog made of soft material. icing is on the cake at the new chase center tonight. chopper 5 flew over the warriors new water front arena and got a view of the freshly installed rooftop logo. i will say it, looks like a
cake but it kind of does look like a cake. >> vanilla icing. >> yeah. >> took a long time. very long time. 60s and 70s outside tonight. warm night. humidity is leaving but warmth. low in concord 62. fremont 62. pollen count, going up. heard sneezing and coughing in the newsroom. maybe because of allergies. tomorrow, saturday, sunday and monday, back into a range we haven't seen since may. a fall preview. festival of the arts this weekend, it will be warm. 87 degrees. it will be hot this weekend. microclimate forecast for belmont, sunshine tomorrow. less humid. more comfortable outside.
82 degrees. saturday sunshine. 84 degrees. the push from the session now a it is moving out. replaced by a ridge of high pressure that will keep storms to the north where they won't impact the onshore flow. a light breeze at the coast. 60s. areas near the bay in the 70s and 80s. that is above average. not crazy hot. inland you stay in the 90s for the next 7 to 10 days. tomorrow morning, minimal cloud cover. not seeing much fog. sunshine throughout the day. and saturday we will start along the coast with clouds and that is it. now beyond labor day. into early september. a signal for cool air in the mid-west and a strong signal for warmer than average weather from here north to canada. we are staying warmer than average through labor day. limited cloud cover tomorrow morning. humidity back to normal. not as warm tomorrow afternoon but above average for the rest
of august. concord tomorrow 90. fairfield 92. santa rosa 86 degrees. livermore 89. fremont 84 degrees. 70s for oakland and san francisco. 60s at the coast. 60s and 70s across the board near the water. 80s and 90s inland for each of the next 7 days. set it and for get it. >> nice. that cake looked good. >> yeah. has that look to it. coming up, how to adult. >> and tonight's guests on the the weather's perfect...
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a's a three spot in the first inning. and when you are rolling you get stuff like this. the ground ball should have been an inning ending double play. a's are now 4-26 in games they do not hit a home run. they lead the top walk off spot by a half game. bruce bochy's final game at wrigley. got a piece of the scoreboard. that is cool. this was one of the hits. a routine foul ball, lost in the sun. two outs. runner on third. base hit. hayward scores. the cubs have a 1-0 lead. eighth inning, slater called on to pinch hit but leaves the bat on his shoulder. cubs sweep the set. 1-0. giants are six games back of the wildcard.
winnipeg. the raiders and packers game. 2nd quarter. 10-yard line -- wait. that is an end zone. raiders lead 10-7. wait. that is a real touchdown, a real end zone. raiders down 21-19. he won it for oakland, game winner. raiders win 22-21. but this is a clown show given the field conditions. 80-yard field. >> okay. >> they also have the end zone in the -- the goalpost in the end zone. but we will have 100 yards in you know when you're at ross
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