[ child ] run! [ man ] first it was the mailbox. then my squirrel. and now, this. so i used my points to make a donation to get the park down the street built. when it finally opened, i also used my points for... car repair. [ male announcer ] use your citi thankyou points for almost anything, even local charities. about the arrest independent party charges filed in the death

of a tourist killed in san francisco. information about that arrest and why independent party promo tores could some day be held responsible. accused of molesting children for years. how a livermore mom got close to her victims. >> $11 million ready to be awarded to victims of crime. why it is not getting to the intended recipients. the idea is fight childhood obesity but a new law in santa clara county only effects a few places. the news starts now. good evening i am ken passty at that. >> i am dana king. developing news in sunday's fatal shooting of a german tourist in union square. an arrest has been made in this case this evening. >> reporter: late this owning police announced the arrest of

18-year-old phillip stuart of san francisco for the murder of a german tourist, a school principal and mother of two. >> he was so broken hearted that such a thing has occurred. >> reporter: his wife was murdered while they celebrated their anniversary. tonight he is leaving san francisco, a hotel spokesman said he is devastated. >> we embraced and my heart just went out to him. my heart went out to him. i began to weep. >> reporter: police say an independent party promo tore over booked this venue called club house on mason near geary, the crowd that couldn't get in grew restless on the sidewalk. before 9:00 p.m., two groups of young people started shooting at each other. a 50-year-old woman was walking back to her hotel with her husband when a stray bullet hitter in the head. she died instantly. two others were wounded. >> police were carefully shoeing people away almost as

if they weren't sure that a person wasn't still lingering somewhere, with a firearm. >> customers walking up here, trying to get a smoke outside and then heard the gunshot. >> reporter: the owner of business kits and blues showed us surveillance video of people about to leave his club reacting to gunshots outside. a clerk ducks for cover. across the street the manager of the club house also showed video. >> here is where they all went back in. the shots were being fired and everybody ran back in. >> reporter: young people mobbed the lobby once bullets started flying. >> this was the end of the summer party for people 18 and younger should be the safest event that anyone sends their kids to and that is what under scores my anger and frustration. >> reporter: city leaders say resent legislation is holding club owners accountable for violence now they want to do the same thing for independent

party pro mortores. they will soon put forth legislation that independent party pro mors to tores have to register with the city. >> often times these fly by night operators throw enormous events, profit widely and then disappear into the night when a bad incident happens. >> just so it is clear, the party was held at a place called the club house but it is not a bar or club it is a space owned by a comedy school. dana, we reached out to the independent promo tore and got no response. >> joe vazquez, thank you. livermore mom accused of having sex with two 15-year-old boys appeared in court today and what the suspect allegedly did that earned her the trust of young boys. >> reporter: christine hubs cried waiting for her arraignment on 67 felony accountsover sexual assault

including oral copulation, exhibition of lewd material to a minor. the 42-year-old mother of three is accused of having sex with two 15-year-olds in 2008 she went from this million dollar home in livermore to jail. >> i have been hearing a buzz about it, i didn't get the whole story. >> reporter: the story is disturbing to both men and women. >> angers me so much to hear stories like that because it is not okay at all. >> you hear a lot about young girls being, you know, touched or whatever like that and how it effects them but i think it can effect a young boy in the same way. have the same detriment on their future. >> reporter: that is what community violence solutions executive director says n is differently than if it were against a girl. >> look at these young men as children no matter what the degree these men claim or others claim they participated

they are children and don't have the option to consent and a piece of childhood has been removed from them. >> reporter: hubs faces charges of allowing 10-year-old boys to shoot bb guns from her hummer. >> the perpetrator will choose a victim or two, it is called grooming behavioural louing them to do thing -- allowing them to do things their parents wouldn't let them do. it is part of the complicity i will let you do these things and won't tell your parents. there is the unspoken or spoken agreement. >> reporter: hubs attorney tried to shield her from cameras and then acted as a buffer between hubs husband and reporters during the court appearance. the attorney only spoke briefly >> i received a significant amount of discovery i want to review it and go through it carefully before i make comment on the case. >> reporter: the attorney also had a message for reporters asking us to stay away from the family because the hubs have

children of their own. no plea was made we expect that to take place monday. in the meantime she has been told to have no contact with her alleged victims. ac transit drivers once again operating under their old contract per a court decision. it means drivers should be back to their original schedules, ac transit says it has a higher volume of sick calls today, 122 instead of thea raj 100. there were a number of delays after the agency opposed with a contract. ac transit accused drivers of staging a sick out. honda is recalling nearly 400,000 cars because of a problem that could lead to the vehicle rolling away and crashing. the recall applies to 2003 accords, civics, and elements as well as honda elements made

in 2004. the defect with automatic transmissions can make it possible to remove the key from the ignition switch when the car is not in park . if the brakes are not set it could roll and crash. honda said it received a small number of reports of such incidents one person suffered minor injuries. $11 million how much the state department of corrections is holding for victims of crime. robert lisles explains the bureaucratic? snafoo that is keeping victims from getting the money they were awarded. robert. >> con sid this, $11 million in restitution has not been sent to victims because the department of corrections can't find the victims. now that would all make sense if these victims were in witness protection or even if they had died but that is not the case. so what is behind it all? to find the answer we went straight to the top. the district attorney here in alameda county who said it can be summed up in one word.

bureaucracy. >> reporter: they have been robbed, stabbed, stalked, shot for those fortunate enough to survive the attacks,. >> someone is responsible for that injury. >> reporter: alameda county da nancy o'malley says many victims sought a conviction and court ordered restitution from the attacker would help piece together their broken lives. what most don't know is the very department responsible for keeping attackers away from the victim, department of corrections and rehabilitation told prosecutors. >> to stop completing a form that had victim information. and so counties and district attorneys office did that all over the state. >> reporter: alameda county did not. o'malley said that is how victims like christopher rodriguez was able to get a wheelchair ramp at home. >> they have the victim information in one place and restitution collection

information in another and those two systems do not talk to each other. >> so thousands of victims are out there, entitled to restitution and they are not getting it because of some bureaucratic? snafoo within the department of corrections. >> absolutely. and thousands is a small number. >> she's right. department of corrections reveals $11 million has been collected from inmates since 2007 but because victims were not tracked, department of collections has no true accounting. so a spokesperson said they want victims to log on or call to file a claim to recover what they are owed. but oh ma'amly calls the form and process -- o'malley calls the form and pros is cumbersome. >> the issue becomes how do we get it into the right hands, the hands of victims. >> if you are in alameda county the district attorney's office will continue to assist in recovering the money. if you are not, you have to go to the department of corrections website and fill out claims forms there.

bottom line, $11 million that has gone unrecovered at this point. something that needs to get fixed. thanks robert. it is said a journey of a thousand miles begins with a single step. so the fight against childhood obesity in santa clara county can begin with a few restaurants. health advocates are okay with a bill that has limited focus. number of 7-year-old girls going through puberty has doubled. 7-year-old girls. the connection that may have to be connected to obesity. to make this tunnel, engineers are using a drill and long extension cord. green technology at the caldecott tunnel dig. by the time the sun did set, highs were a good 10 degrees below average. the day that will be the coolest and warmest as eyewitness news continues here on cbs 5 ,,,,,,,,,,,,,,

this is unlike any car you've ever seen before.

this is power with efficiency. this is an interior that exceeds even the promise of the exterior. this is the all-new jaguar xj. the stunning result of taking a very different road. to avoid unhealthy choices, when they eat out. prizes in kids santa clara county has a new ordinance aimed at getting children to avoid unhealthy choices when they eat out. no more toy prizes in kids meals, meals over 485 calories, how the restaurants are handling that. >> reporter: on camden avenue

west san jose perhaps the most famous taco bell in the country. monday marks the first day of a historic new law that bans restaurants giving away toys with kids meals in unincorporated santa clara county. they have voluntarily pulled their toys from the menu. >> good. about time. >> dangling the toy in front of the kids now order this meal because you get the the toy. that practice just has to stop. >> reporter: santa clara county board president wrote the law saying you can't give away toys with meals that go over a certain fat, calorie count like this meal. some restaurants acted so dramatically pulling the toys all together. >> we were in contact with a restaurant that decided it was just easier not to hand out the toy. really i thought it was very encouraging. >> reporter: there are not that many fast food joints in santa

clara county that would give away toys any way. >> the new law effects just a handful of restaurants in the county so you have to ask yourself, why bother. >> we also know that what one local government does is often copied by others. we know san francisco is very seriously looking at this, as is new york and chicago and los angeles. so we hope that it is the first of many that happen. >> reporter: parents and kids for the most part were skeptical. you think kids will go to other fast food places where they can get a toy? >> possibly. i don't know. depends on the kid. >> reporter: they say this is the first step towards healthier society do you buy that? >> okay. good luck. >> reporter: can you fight obesity legislating bad choices? santa clara county says doing nothing is not an option. and kit tells us meals high

in sodium and sugar can also not be included in that prize. however, restaurants may give them out with more nutritious meals so if parents eliminate items from the meal to drop the calorie count, the kid can get the toy. there is evidence american girls are going through puberty earlier than ever. one in ten now begins puberty by the age of 7, double the number who did so a decade ago. rising obesity rates may be partly responsible because body fat is linked to estrogen production. others believe environmental hazards can be a factor, substances found in some plastics and fertilizers, can mimic estrogen and speed up the puberty clock. did you feel them? two strong earthquakes rattled california, the first hit 3.9 east of watsonville before 6:00

p.m., the second one 7:15 p.m., 40 miles northwest of truckee. it had a magnitude of 2.5. no reports of injuries or damage from either. must be earthquake weather. >> don't make me throw my shoe at you. but it was amazing i put it out on facebook and twitter asking if people felt it, enormous response. a lot of you have been commenting about low clouds, fog, that will kick start your tuesday heading back out again, looks like it will be so deep as far as the marine layer is concerned, drizzle from the coast into the bay make it as far east as the dublin grade. tonight overnight blanket of clouds 50s across the board. here we go. your pinpoint fog cast again, marine layer extending inland at least a good 60 miles, so you will not be able to see

that official sunrise at 6:20 a.m. looks like it will burn off before 9 inland. partial clearing at the beaches at best by mid-afternoon. daytime highs, upper 50s. low 60s. beaches, today, 77 degrees san jose, trying to go for 78, still the average 4 degrees. -- 84 degrees, across the try valley, low 80s. only 58 richmond, north of golden gate bridge upper 50s. no sunshine stun son through dillon beach. 75 degrees, santa rosa. and that is 10 degrees below normal. west winds 10 to 15 miles per hour. tomorrow, coolst day of the week wednesday. warmest on friday and looks like seasonal temperatures by the weekend that will be short lived. you remember back in 2006 we had a heat wave. vicki remembers sent us this picture. thank you for the cool weather.

>> i don't remember it. whining. all right. coming back so stay with us [ banker ] when ashley's violin teacher told her parents she was gifted, they were thrilled. she's a natural vibrato. oh. we started saving for this music camp in vermont. so i told them about some of the wells fargo online savings tools like my savings plan, which helps them set up and monitor a savings goal. until we found out that maybe her teacher uses certain terms a little bit loosely. rebecca is clearly very gifted. [ banker ] we decided to roll that money into ashley's college account. turns out there's seven gifted kids in ashley's class of nine. [ male announcer ] wells fargo. with you when it's time to save. ♪

"meg whitman says she'll run california like her company..." seen this attack on meg whitman? who are these people? they're the unions and special interests behind jerry brown. they want jerry brown because, he won't "rock the boat," in sacramento. he'll be the same as he ever was. high taxes. lost jobs. big pensions for state employees. the special interests have chosen their governor. how about you?

"grinding" they're making their way through crews began drilling the fourth bore of the caldecott tunnel. they are making their way through 3400 feet of rock. the plan is to cut 10 feet per day. they are using the largest machine of its kind in north america to get that job done. it has rotating teeth and weighs more than 140 tons. also electric. it takes six people just to handle the extension cord which is more than 3,000 feet long. before drivers can head into the tunnel all that dirt has to come out then what? mac smith asks what will cal trans do with all the dirt excavated from the new bore of the caldecott tunnel? >> reporter: when engineers

decided to build a new fourth bore there were a lot of questions they had to answer but none was more important than what to do with all that dirt. >> probably about 300,000 cubic yards of dirt which is a lot of dirt. >> reporter: the technical term is tunnel spoils but we will just call it dirt and a will the of it is going to be trucked off to a part of the bay area that apparently could use some filling in. >> some of the dirt is actually going to go to treasure island. they found a need for some dirt and some tunnel spoils so the contractor made a deal with treasure island authority. >> reporter: cal trans jeff wise says no one really knows how much dirt is going to ti. a lot of that will be up to the contractor after all he owns it. >> contractor signed the contract with cal trans and owns all the dirt. so he has some sort of sway to make deals on who will take the

dirt. >> reporter: some of the dirt will be used on site to build a 20-foot eye landscaped berm, some will go to local landfills some could be sold off to believe it or not, dirt brokers. >> that's correct. i was called by a dirt broker, as soon as the project was starting up he wanted to know all about the project. there is people in that business. god bless them it helps us out. >> reporter: i need your good questions. send them to me at cbs5.co >> ,,,,,,,,,,,,,,,,,,,,

the giants had hoped with a 4 lou pin knell la said his cubs were spiraling out of control. that is what the giants needed they have been in a minislump. gerry garcia died 15 years ago the rest of the grateful dead paid tribute. san francisco, torres, ball through the infield, tie run. went to extra innings, torres to win the game. coming home right fielder, look at the relay. out, game continues, sends the dead heads home happy, winning run, 4-3 final giants now

within 1.5 games of the padres in the west. as called up slugger michael carter from the minors for their game seattle. lopez singles home. pitched 7 innings only three runs. gets carter swinging, 27 home runs in the minors, no damage tonight, as lose 3-1. 49ers, center, heisman broke his left fibula in practice expected to miss 8 to 6 weeks. davis will start sunday's game against the colts. let me show you what the new line looks like. joe over left tackle, at guard, davis, hike the ball to alex smith then got right guard and davis is the right tackle. a will the of changes there. tonight's top five starts with super bowl champion saints with the president tonight.

>> i make some tough decisions every day but i never decided on an on sidekick. that took some guts were you okay with that? did he trade off with you? >> well, it worked. lookout below, cliff diving championships held in italy. diving took place 90 above sea level, speeds of 55 miles an hour. the pitching fantastic, offence not the same, one out, two out, three out, triple play, seattle first. number two, fastball to right. who says he can only hit the baseball. number one, crawford flies out to left. going to have a play at the plate. king with the call. >> he's out. >> he's out. he's out. dana king, brilliant goal. 11 and 2. >> we've been doing this for what? probably 8 years and you have never had this kind of season.

>> well, no, all experience. it comes with you know, training and -- >> well, i can see that. >> better with age chef >> you are not that old. >> i have been going to games. working it out. >> heading to the playoffs. we will be back ,,,,,,

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plane's p-a system to curse at a passenger, then escaped on an emergency slide. well, a jet blue flight attendant was arrested after he used the plane's pa system to curse at a passenger and then escaped on an emergency slide. wittenss say jet blue employee steven slater got into an argument with some guy who opened an overhead bin while the plane was taxing to the gate at jfk. he was told do not open that sir, do not open that sir, boom the bag hits him in the head. slater goes off, gets on the intercome, curses at the passenger and said he was fed up, grabbed a couple beers, hit the slide he is now facing charges of criminal mischief, wreckless endangerment and i will bet you this guy is on letterman less than a week. >>