you're watching cbs 5 eyewitness news on the cw. the new shall have shall have sheriff booked into his own jail. used clipper card or else. the plan to punish riders who pay in cash. >> and he's not just any fan. what this 49er lover is the only one in franchise history to ever do. good evening, i'm dana king. >> and i'm ken. in office less than a week and tonight san francisco's new sheriff booked on charges of domestic violence. >> charges against ross stem from accusations that he physically abused his wife new year's eve. the charges are domestic violence battery. child endangerment, and dissuading a witness.

after the charges were handed down, mercuryny and his wife vowed to fight them. >> i believe these charges are very unfounded and we will fight these charges. i'm confident that in the end that we will succeed in showing the missteps. >> this is unbelievable. how i say, i don't have any complaint against my husband. we are together and we are fighting. we are going to fight it. >> not above the law like anybody else. >> so what does this mean? linda yee explains the charges and what merkerini now faces. >> da says he doesn't relish filing criminal charges against the sheriff, but what he did was inexcusable. a newly elected sheriff is

booked in his own jail. his wife vowing to fight for her family and the mayor pouring over the city charter because they are unsure what they must do next. >> district attorney george gascone won't say what happened the night that sheriff ross grabbed his wife so violently he left bruises on her arm. he did explain why he had to file the three misdemeanor charges. >> domestic violence battery and involving physical assault and battery. we have a child endangering and that we have evidence that indicates that the young child was present during the incident. >> and accuses mercerimi of talking his neighbor out of reporting the alleged abuse. >> we have a charge of

persuading a witness. with intent to procollude the victim or witness from calling the police and reporting a crime or from assisting in having the judicial process or the criminal process move forward. >> the da admits the victim is standing by her husband and will not testify. he's rely on evidence including a neighbor's cell phone pictures of his wife's injuries and messages from her. usf criminal law professor says that could be enough. >> if she testifies and says nothing happened, the audio, the messaging can be used to impeach her. those prior inconsistent statements from what she said in court. >> the da slapped an emergency restraining order, ordering him to stay away from his wife and child. and that seven-day order has upset mercerimi and his wife.

>> it's my family. my husband and my son. this is unbelievable. this is completely wrong. >> he left city hall with his wife to surrender at the county jail. he was booked, gave up his firearm and released on $35,000 bail. his wife was with him at the jail, but according to his attorney, left before he went through the booking process. >> he was acting as a person who was just booked. it's not an easy process. he's fine. he's a strong man. >> he'll stay on as sheriff as he fights the charges. the da says he won't push for mercerimi to step aside. >> we aren't going to engage in the political process. >> accused of raping? >> it certainly makes it difficult. >> it leaves mayor ed lee in a sticky position. in a statement tonight he said, as mayor, i must now review the

facts and options available to me under the city charter. well the city charter does give the mayor the authority to replace elected officials who engaged in misconduct. but he needs the approval of the ethics commission and 3/4 of the board of supervisors. >> linda, thank you very much. >> this is an interesting case to say the least. political analyst joins us now for perspective. george, how does he prosecute another law man in san francisco when the guy's wife, the alleged victim is not only saying hey, i don't want to cooperate with you, but i'm taking my husband's side in this. how are you going to do this? >> it's the unique nature of domestic violence cases. unlike a lot of other cases where you have somebody that says i'm going to prosecute or i'm not, a simple assault on a street corner or something like that. depiction domestic violence has

strict rules. victims or wives or whatever, sometimes say one thing publicly and say another thing privately and in this case, there may be text messages and photographic proof that contradicts what she is saying right now and he has to make it based on that. tuesday is when they were scheduled to have an arraignment. the cards start getting laid out on the table here. possibly start seeing what the evidence was, what the text messages are. also george said that he was also investigating other possible incidents. is there a pattern here? it's interesting. in the world of politics and what we're seeing here, it's also what is not being said that is very loud. if you didn't hear the mayor say like, we're in this tough times, we'll wait and see what the jury has spoken. the mayor saying we're leaving all options open right now. so this is a very fluid situation with the mayor not weighing in, but not stepping

away from this either. >> all right, protection order, he can't go home at all. the police can pick him up whether his wife wants him there or not. >> this is a protection order for him and for the child. the judge said no. something changed between now and then and george got the protection order. some of this order is for the protection, also separation here. if there is a question about, does the wife feel safe? is she willing to talk? you separate them and everybody gets their own space. she also has her own attorney right now. and some of what we're seeing, he didn't necessarily cooperate and she didn't cooperate with the police. i think that set a tone here where it's going to be one versus the other. >> let me ask you this. i don't think you're a lawyer, but you might be in a secret life that i don't know about. could a judge come in and look at this and say, i'm dismissing

this case and referring you to go to counseling and this and that. can he stop this thing? >> no, because domestic violence, as far as i have seen in the past, you cannot go into diversion. it is sort of you're there or not. they might be able to reduce it, but something is going to go through the courts. i would like to say also, this isn't the first time that law enforcement people, e personally in san francisco have gotten into trouble. and the system survived. remember, the entire command staff of the police department was indicted for obstructing justice and a judge did what you said, they took a look at that, but this is nonsense and they threw it out. but there is a question here about the law enforcement and the mayor taking that seriously. >> okay. thank you very much. new details tonight in the brutal attack that left two women in critical condition. police say a man broke into the home of a 76-year-old woman

last night and attacked her, possibly with a hammer and a knife. the second woman was delivering food to the first when the man opened the front door and attacked that woman. police say she owns several restaurants in the neighborhood and is well known. >> almost everybody nose each other here and have worked with each other for many, many years. when something happens to any one member of this community, everybody feels the pain. >> police say that the intruder did rob the first woman. both victims are in critical condition. tonight, crews are looking into what caused a big pipeline explosion. this happened near rio vista near the intersection of 12 and 160. there's nothing there. it was in a field. no homes nearby. vintage production was able to shut it down. the company produces natural

gas. right now, fairfield firefighters are battling a five-alarm blaze. this is at the empire professional building. that office houses legal offices, doctor's offices, property management company, and an american cancer society office. no word yet on if there are any injuries or the cause of that fire. 49er fans gearing up to see their team in its first playoff game in nearly a decade. so, candle stick park security cracking down hours before the big game. taking no chances. they will be thoroughly checking out all the vehicles in the lot, including searching underneath some of the locks. now authorities want to avoid a possibility of finding or gunfire to what happened during a raiders, niners game. >> there will be a lot of things you see, some things you won't see. >> and under cover officers

discovered fake game tickets circulating. watch it, especially if you're buying your tickets online. that means some fans will be turned away if they have purchased counterfeits. >> at that game will be one niners fan from nevada. he is no ordinary fan. in fact, he may be the most faithful niners fan of all time. elizabeth cook tells us what game day means to him. >> e win has been faithful for most of hues life. can you remember when you weren't a 49ers fan? >> i would have been way too young to remember that. >> most fans are lucky if they get to a game every season. erwin has been in the stands at every home game since 1951. that is 607 consecutive games. the longest streak in the franchise's history. >> yeah, i'm part of the team. >> on september 11 of 201 1- rbgs the 48ers honored erwin at

the season opener with his photo printed on the tickets. for the first time, stood in the middle of the field as fans cheered his name. >> when i left the field, people had recognized me and knew about the ticket because they had my ticket along their ticket. >> son-in-law has been by his side at every home game since he married erwin's daughter. >> the fact that i was a 49er fan got me in with my inlaws. if i said i was a raider fan, it never would have gone nearly as well. >> we caught up with erwin and his family in santa clara and i asked him how he thinks his boys are going to do against drey against drew brees and the saints tomorrow. >> i don't know how they are going to do. yes, i hope they win, but if they happen to not win, i won't

be that disappointed because they have shown how good they can be. elizabeth cook, cbs 5. >> you know how i know mr. herley. years of terrible 49er teams. you know this guy is a good fan. >> he has a great sprue spective. >> the plan to punish riders says it has gone viral. >> why this commercial is raising eyebrows. >> and what one bay area teen that may save lives. ,,

that's the message from caln tonight. use the clipper card or else. that is the message from cal tran tonight. today the transit agency is going to punish those who aren't using tickets. the fare would go up 25 cents per travel zone. that means travel in from san francisco to the end of the line in gilroy would be $1.50 more each way. cal train says that the proposed change will also help save cal train money. >> it costs us to print tickets and distribute tickets and stock the machines and do all of that. so yes, it is more expensive for us to use paper media. >> the board of directors will vote on the plan next month and if approved, the fare hike would begin july 1. video from a film maker in redding is making big waves

online. it is a fake commercial titled, photo shop by adobe. tongue and cheek production that pokes fun at the flag ship software, photo shop. if you want to look good, forget diet, forget exercise, get photo shop. the spoof was uplieded online earlier this week and viewed more than 2 million times. its creator wanted the video to be a statement about how photo shop created unrealistic standards of beauty. well, what did you have on your mind when you were in high school? getting into college? maybe that crush. >> a girl spends a lot of time thinking about curing cancer. she may be well on her way to that goal. >> chinese immigrant, 17-year- old angela zang of coupety

know is cepertino. >> straighten it out. it's going to go into that pole. >> there is one thing that separates angela from every other student. something she first shared with her chemistry teacher. >> are you ready? >> i'm ready. >> a research paper angela wrote in her spare time and it is advanced to say the least. >> especially prepared. >> above the equation, i have no idea. >> all she knows is it's a recipe. finish curing cancer. >> cure for cancer, high school student. it's so mind boggling. i cannot begin to comprehend how she thought about it or did this. >> i just thought why not? i mean, what is there to lose? >> so, when she was a freshman, she started reading

doctorate level papers on bioengineering. >> how do you understand it? >> at first it was overwelming. it became like a puzzle being able to decode something. >> she talked her way into the lab at stanford. and by junior year was doing her own research. >> try to make it for a mind such as this one to understand. >> i made something that is a -- >> you lost me. >> eventually, here's what i did get. angela's idea was to mix cancer medicine in a palimer that would attach to particles that would attack to cancer cells so theres could see where the tumors are. then she thought if you aimed an infrared light at the tumors to release the medicine. thus killing the cancer cells while leaving healthy cells unharmed. >> i think it was more of,

this is really cool, i want to see if it works type thing. >> when you found out it did -- >> that was pretty amazing. >> i can't imagine. >> it will take years to know if it works in humans, but in mice, the tumors almost completely disappeared. angela recently entered her project in the science contest. it was no contest. she got a check for $100,000 and promptly bought about a dozen more pairs of shoes. >> i got these shy's because they are purple and i didn't have purple yet. >> she is still in high school. it's just her dream to keep graduating. >> i'm excited to learn everything possible, everything in the sciences, biology, computer science to make new innovation possible. >> how will she top her cancer discovery? we can't wait.

steve hartman on the road. cbs news has lost a long time award winning correspondent. richard was killed today when his car collided with a propane tanker truck on new york's long island. he was with cbs for 25 years before retiring. before that, e was with abc. he corveed everything from the vietnam war not assassination of robert kennedy to the kidnapping and trial. his last appearance was in 2004 on sunday morning when he came out of retirement to celebrate the broadcast's 25th anniversary. richard was 74 years old. we'll be right back.

this friday the 13th, not unlucky at all. rather lucky. we had high temperatures averaging up to 10 degrees above normal. good evening. let's take a look from marin toward the golden gate bridge. in that city by the bay, the beautiful city of san francisco. 65 degrees today when the

average high is 56. reached all the way up to 74 degrees in salinas and santa cruise. santa rosa is at 39 degrees. these temperatures have been averaging 30s and 40s. so will be another frosty overnight. waking up to frost on the lawn and one more day of unseasonally mild temperatures. the first rain on tap for wind and thursday. 29 overnight anticipating. freezing in napa. it is the 15th spare the air day of the winter seasonal tomorrow. a bit of haze in the atmosphere. we all want to do our part. that's the nation watches on. high pressure, but hey, that's breaking down because this area of low pressure will produce changes beginning on sunday. you're going to feel the girches with a cool deer air

mass. tomorrow's number coming into the 60s, saying good-bye to those for a while. rain begins in the north bay during midday and everybody has some showers on thursday, but a more potent system moves in on friday bringing snow to the sierra. your holiday forecast, cooler, breezy conditions in the 50s across the board. 1:30 kickoff where 49ers play host to the saints. that's your 49er forecast. we still have tim with 49er action. after this.

interviewed dolphins defense backs coach terry bowles for their head coa the raiders reportedly interviewed dolphins defensive back for their head coaching vacancy today.

mark, start the clock. jeff fisher will be named the rams new head coach. fisher took a year off after 16 seasons with the titans. they do have the second pick in the upcoming draft. how big is home field for the 49ers tomorrow? the saints never won a playoff game on the road and averaged 36 indoors. >> alfonzo smith. >> getting the outsiders, that's the big thing. we have mardi gras. that's everything going on. >> transportation is different in honolulu. second round, matt reshot a 64 to get to 10 under and take a two-shot lead into the weekend. baseball hockey show, the yankees agreed to a deal to acquire michael so all searching in his rookie season. the yanks signed former dodger.

baseball, football, tomorrow is huge football. >> huge game tomorrow. don't forget the tebow bowl, too. >> we're coming back at 11:00. ,