corner of bel aire hills drive and bently ridge drive in a neighborhood of expensive homes. he crashed into a tree. there were skidmarks, burned rubber and evidence of tires peeling out in the mud. smith was alone, unhurt and failed a breathalyzer test, allegedly. >> the charges were serious in nature to have him be booked into jail but as far as everything went, it was very -- as far as i was told he was cooperative and things went smoothly. >> disappointed and felt like he needs to go to work, face his teammates, and, you know, soldier through it. >> reporter: the 49ers coach was clearly unhappy to have to answer serious nonfootball questions about a key player before a big game with indianapolis. he said smith is questionable pending a possible suspension by the nfl. >> there will be consequences. there always is. >> reporter: it's not the first

run-in for smith. he was arrested for dui last year in florida and faces weapons charges after someone got shot at his home last year. 49ers tight end vernon davis said he and other veterans will talk to smith. >> comes a point in time where you have to really just say, okay, this is it. it has to give myself on the right track, shape up and just do the right thing. so i think as a young guy i think he will learn eventually. it's taking time. >> reporter: the santa clara county sheriff's office says aldon smith's bail was a little over $5,000 which he was able to pay this morning when he did bail out. moving forward, he will have both a court case to deal with his alleged dui as well as a discipline case with the nfl. live in santa clara, len ramirez, kpix 5. a similar case happened last year with 49ers defensive lineman demarcus dobbs. he was arrested for dui following a crash but the team

held him out of a game against the rams. the nfl then suspended dobbs for the season opener. the search is on for the man who fired a shotgun outside the courthouse in pittsburg. you can see where shells blasted a window at the arnason justice center just before 8 a.m. police say surveillance shows the man firing while trying to get it out of a hiding spot in bushes. they say it does not look like he targeted the courthouse. the man took off in this red chevy suburban. the courthouse locked down for half hour. but later did re-open for business. a 15-year-old boy is coming clean telling authorities he is responsible for shooting out car windows along highway 101. until this morning, the shattered glass was about the only clue they had. but then the teenager walked into the san jose police department and told the front desk that it was him. his accomplice an 11-year-old boy also interviewed with the parents there.

they could face felony vandalism charges. more drama in the saga of george shirakawa, jr. today a judge who was overseeing his prosecution recused himself from the case and hired an attorney. his role in the ongoing saga is being questioned after he talked one on one with shirakawa's defense attorney. today's hearing was to determine whether or not prosecutors unfairly coaxed shirakawa to plead guilty to misusing public funds. then turned around and filed felony charges against him linked to an illegal campaign mailer. a construction worker in vallejo was struck and killed today by an earth mover. the 48-year-old man from newark was surveying construction site on mare island. a witness says he was placing markers on the ground when the large earth mover made a u-turn and struck him. his name hasn't been released yet. new at 5:00 bart secret is out. we are getting new details and a look at the warehouse where bart is training managers to run trains. kpix 5's linda yee on the

loophole bart is using to prepare for another strike. linda. >> reporter: liz, on sunday, bart management did load up two train cars on a flatbed and moved it from a manhattannians yard to this warehouse -- from a maintenance yard to this warehouse on mare island. managers have been getting hands on training just in case, and this is all as an unpleasant surprise to union leaders. the bart cars sit inside the warehouse. this is the staging ground for training managers to operate bart just in caseworkers strike october 11. bart says some are former train operators and what they are doing is not in violation of the contract because they are not driving on the rails. >> we have two trains that are off of bart property on mare island that we have set up and there are no tracks or third rail power. it's mainly so employees that may want to be certified or the ones that are certified and

want a refresher course, can go and refamiliarize. >> reporter: union members says it's dangerous for passengers. >> they don't operate the trains on a regular basis. i worry about something happening. do this know what happens if a train derails or if a switch splits? they don't know any of that and it's unconscionable that they would even do this. >> reporter: bart insists they need to plan for a strike that could last a month. and if the bart board approves, management driving the trains if there is a walkout, it would only be on a limited basis. >> it won't be a few trains going to the transbay tube during the peak of the peak commute but it's really on bart to make sure that we have some sort of backup plan. >> reporter: the union says bart's backup plan proves management doesn't expect to have an agreement. >> what they need to be doing is putting in the effort they are using to train these

managers to get a deal done. that's what we're doing. >> reporter: bart insists as well as the unions insist that they are still up for and open for negotiations. they are still continuing to talk. but what's happening here is not making the unions happy. live in mare island, linda yee, kpix 5. >> talks between bart management and union reps are still at a stalemate with meetings set to resume monday. the clouds moving in and you can start to feel a little change in the weather. meteorologist paul deanno watching the hi-def doppler to show us where the rain might affect weekend plans. >> rain will affect those plans. maybe you will be going to the movies instead of outside. kpix 5 high-def doppler radar now just beginning to track a few showers. they are still 100 miles offshore but we are seeing them first here with our radar. and look at the rainfall already moving into northern california. that's a sample of what's to come tonight and tomorrow. satellite and radar here it is low pressure slamming into western british columbia but dragging a front, the first

fall-like front, into northern california and right through the bay area. it's the time of year when we get one of these, and we will. a live look outside shows the first thing that changed cloud cover. everybody is mostly cloudy now. moving into tomorrow, north bay, petaluma, santa rosa, you will be seeing the rainfall first in evening. it will be a very autumn-like start to the weekend, blustery outside if you are out early tomorrow. this will be the most rainfall that we have had since before easter since early april. we'll talk about rain totals and when the sunshine will come back coming up in a few minutes. >> thank you. you know what? it could have wrapped up this afternoon but oracle lives to race another day in the america's cup. vern glenn on the waterfront to tell us a dying wind allows the team to survive yet again. >> reporter: allen, let me tell you, what pressure? only an elimination race for oracle racing. this wind, you can live by it

or die by it. as don ford will tell us, a lot of raw emotion behind oracle racing today. reporter: day after day, the kiwis scream into the america's cup. outnumbering the oracle fans 4:1 until today. after yesterday's surprise oracle win, oracle fans say the music has changed. >> it's a big violin and playing america's song. >> reporter: team oracle usa enters like gladiators fans screeching reaching out to touch them followed the same way by team emirates new zealand. the kiwis fans trying to imagine winning the america's cup again. they only need to win one more race and it's theirs. the first race started out in light winds and the kiwis were way ahead of oracle. while other races this week were postponed due to high winds, this one was called off because of not enough wind. >> i it was so slow.

i can't stop the race. it took too long. >> the wind was too slow. but we'll still win. we'll stay until we get it. >> reporter: new zealand led the second race and it looked good but once again, oracle came from behind and won the race. staying alive just by their fingernails. with oracle's win today the america's cup stays right where it is, at least for the next 24 hours. the kiwis still lead the series 8-3. in san francisco, don ford, kpix 5. all right. so oracle racing nice win today. now go out and do it again and again and again and again and again. [ laughter ] >> that will do it for now. we'll see you back next hour as kpix 5's america's cup coverage continues. >> i got to tell you, vern, my youngest son's nickname is kiwi and he is chomping at the bit for them to win so he can hold that over me for however many years it's going to be. >> reporter: bragging rights in your house.

>> i'm afraid he has the edge now. thank you, vern. >> another nature has a tight grip on these races. >> rules everything. botched bay area bank robbery ends in a bay area family's bedroom. >> you know, we're just lucky that he didn't land on the family. he weighs 230 pounds. >> the way the suspect was captured when he tried to make a rooftop getaway. >> a lot of gunshots, got hit in the leg, turned around saw bodies laying on the ball court. >> bullets turn a chicago park into a battlefield. 13 people shot including a toddler. why police say it's a miracle no one was killed. >> getting it in the mail would not an as exciting and you get to be here with all these people. >> apple fans finally get the iphone. the special surprise for some bay area diehards who braved the long lines ,, ,,,,,,

francisco family's bedroom! police were called out to t hood just before an attempt to rob a bank landed a burglar in a san

francisco family's home. police were called to the portola neighborhood around 4 a.m. after people reported seeing a man jumping on rooftops. he didn't get far because he crashed through the ceiling of an apartment and landed apparently in the bedroom. police say the guy had tried to break into a bank of america on san bruno avenue through a ventilation pipe. >> this guy's a local guy. he has a drug history. the cops know him. and, you know, we're just lucky that he didn't land on the family. weighs 230 pounds. >> the man was arrested but police have not released his name. nobody hurt during the incident. 13 people including a 3- year-old boy are recovering tonight after being injured in a hail of gunfire at a chicago park. the 3-year-old boy was hit in the cheek by a bullet. his aunt says he is all right and should survive. two other victims are in critical condition but are expected to live. police say it is a miracle no one was killed because the shooters used an assault rifle

that doesn't belong on city streets. >> military type weapons, like the one we believe to have been used in this shooting, belong on the battlefield, not on a street or in a corner or in a park. >> no arrests have been made. police believe it's gang- related. lifting weights at 8 months pregnant. why this mother-to-be is getting slammed on social media. ,,

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at 8 this morning. many had been camping out for days to ore the new 5-s or gold rush for the new iphone. these apple fans in san francisco were waiting when the doors opened at 8 a.m. many had been camping out for days to score the new 5s or the cheaper 5c. in palo alto, it wasn't just the phones creating buzz. kpix 5 reporter ryan takeo was there when apple's ceo tim cook made a surprise visit. [ applause ] reporter: apple ceo tim cook stopped by the palo alto apple store to see the iphone 5s's first sales and hang out with customers who waited days to get their hands on the new technolog just after 8:00 the anticipation was over. the 5. s is faster better camera and fingerprint anti- theft technology. >> actually works pretty well.

it recognized the finger really fast. >> reporter: but critics worry apple's innovation isn't what it used to be and the iphone's facing fierce competition. investors reacted to the 5s with some disappointment prompting a 6% drop in apple stock this past month. >> people are going to complain especially with kind of the perspective of steve jobs and since he passed away. i think it's fine. i think apple is still moving along. >> got to think, oh, man. >> reporter: fitzgerald johnson got in line tuesday and couldn't wait to show off the new slow motion video. >> there we go. >> reporter: the iphone fans who waited on this street are no doubt different than those interested on wall street. for day 1, cook considered it a success. at least for our camera. >> wahoo! >> reporter: the store quickly ran out of the gold iphone. you want to order that online? it's on back order. you will have to wait until october. in palo alto, ryan takeo, kpix 5. >> apple stock actually closed down a percent today. the "wall street journal" says

the company's asking suppliers to ramp up production on the gold color. for more details on the new iphone including reviews, tips and tricks, go to our website, kpix.com. the house passed a bill today that would keep the government running and gut obamacare. but it won't likely get very far. as expected, the gop voted in favor of the controversial spending bill. it would fund government services for three months but take away money to pay for the president's healthcare law. president obama says he will veto the bill as written. senate democrats want to amend it to remove cuts to obamacare. boy, paul, what a change today. you just look outside, those big gray clouds are signalling rain's coming. >> and sometimes you get the gray clouds, thinking it's fog, it's going to burn off. this is different. we haven't seen this in months. this will actually yield rainfall. how about that? mid-september, it's time we begin to look to the north for fronts moving through and hello fronts and hello fall. look at the temperatures.

not the 90s anymore. barely above 70 in concord. livermore at 73. not that much warmer than san francisco. 69 in the financial district. san jose the warm spot at 74. santa rosa you will be one of the first spots to get some rainfall. you're currently 68. this is why we have kpix 5 high- def doppler radar. most of our fronts come in from the north so we positioned our radar in the perfect spot to see that rain first. we are seeing showers already off the sonoma and mendocino county coastline. watch out santa rosa, ukiah, clearlake you will see some showers by 7:00 or 8:00 tonight. temperatures way down. yesterday in san jose, 87. today with the clouds moving in, that stronger onshore flow 11 degrees cooler. so the first thing is the cloud cover and the cooler temperatures. next up is that rainfall. you see it in southern oregon. northern california. and it is moving in our direction. this front will make it all the way south into the bay area all the way down to monterey bay this front will give us some rainfall. so let's talk about how things are going to play out. rain in the north bay this evening. showers moving all the way through the bay area. when you wake up tomorrow, there's a good likelihood it will be raining. if it's not, wait an hour or two and it probably will be

throughout the afternoon even into tomorrow afternoon the rain will be around. on sunday the front is gone. you will get sunshine by sunday afternoon but with high pressure well offshore, we are going to get a cool northwest flow of air. that's going to keep temperatures down so even when we get the sunshine back we will not see a return to the really warm weather that we had earlier this week. how much rainfall? watch out in the north bay. you can see up to about 4/10" rain for santa rosa, less rainfall the farther south you go less than a tenth inch for concord and hayward but bottom line everybody is poised to get some rainfall. what to expect? even a thunderstorm chance in the north bay tomorrow with a showery saturday. it will be chilly saturday night with lows in the 40s away from the water. look at these highs. well below average. san jose tomorrow cloudy, showery only 70. upper 60s for palo alto and mountain view. barely above 70 for pleasant hill and san ramon. pleasanton will hit 72 degrees. mid-60s with showers in the city. petaluma rain likely 68. 68 with rain likely also for lakeport and clearlake. sunday the sunshine is back but we are still below normal and next week, we get back in the

comfort zone around 80 inland, low 70s near the bay. the rain will be a one-day event and that one day is tomorrow. roberta gonzales live with the mobile weather at san rafael high school. it's time for friday night lights. >> reporter: it's my favorite time of the week. it's friday night lights. mobile weather travels to san rafael high school home of the bulldogs where i have all my new best friends. [ applause and cheers ] >> reporter: i love these guys here. these students are the best. and tonight, they are playing host to justin siena high school out of napa and to tell us what we can expect in tonight's jv and varsity action we have coach clay jackson here. good evening, coach. >> hi, how are you doing? >> reporter: i'm great. thank you for having us here this evening. tell us, why should people come out for friday night lights here for your school? >> for exactly that. we are friday night lights. the only school in marin county that has lights and a grass field. so when everyone else is playing saturday afternoon, we get the cool friday night light effect out here. >> reporter: tell me about your football field here. what kind of weather conditions

should we expect? >> you know, it gets pretty chilly when the sun goes down so with the grass field and the wind coming in from mount tam and peacock gap, when you come out here, bring a coat. >> reporter: it's 72 degrees now, southwest winds at 14. because of that breeze it does feel a lot cooler than it actually is. >> absolutely. so we kind of prepare for it around here. we enjoy it. >> reporter: i have a 30% chance of light rain in your forecast. how will that affect your game. we don't like the rain around here. we like to throw the ball around a little bit so we pray that the rain stays away. >> reporter: 7 p.m. kickoff for san rafael high school, home of the bulldogs. more information, visit us online kpix.com/sports. for mobile weather, roberta gonzales in san rafael. back to you, gang >> thank you. a southern california fitness buff is facing a firestorm of criticism after facebook photos were posted her lifting weights while pregnant. in the caption, leanne ellison says she isle months pregnant with her third child. she goes on to say, pregnancy

is not an illness. crossfit has been her sanity. critics are questioning her decision to continue working out towards the end of her pregnancy. she is 8 months pregnant. >> leave it to her doctors. >> she is very fit. fighting back against bad customer service. >> bay area couple didn't take no for an answer when a company messed up their order. what they did to be heard. >> kpix 5 is your station for 49ers football sunday. watch the team take on the colts at 1:25 p.m. after the game, switch on over to kcbw for the fifth quarter. ,,

but, as a bay area couple f, getting it fixed wasn't so . it was the right product in the wrong color. but as a bay area couple found, getting it fixed not so easy. on the consumerwatch, julie watts shows us how customers can fight back.

reporter: they were happy when their new console was delivered. but they weren't so thrilled when they opened the box. >> we said right away, oh, my gosh, this is the wrong one. >> reporter: instead of the oakland cabinet they ordered they got one with a much darker stain. >> my furniture is a light color. and it just doesn't match. >> reporter: they contacted the online company that sold them the console and got a variety of responses from cymax. first they offered a $50 refund if they would keep it as is. then it offered to take the cabinet back if they would pay shipping and restocking charge. finally they sent a letter suggesting they simply sell the cabinet on their own. >> sell it on your own? get your money back. most customers don't know to escalate. >> reporter: this retail advisor says unhappy customers shouldn't take bad customer service lying down. she says if a service representative can't or won't help, first go up the food chain and ask to speak to a

manager or supervisor. >> the higher and higher levels have more power to do more things for you. >> reporter: if that doesn't work, reach out to the president of the company. >> google the name of the company and corporate headquarters. >> reporter: she also recommends using social media. >> tweet out that you're having a problem. most good companies are actually reviewing their tweets on a daily basis. >> reporter: as for the couple, they bypassed twitter and went straight to consumerwatch. >> this is what i expected. >> reporter: we got in touch with the head of customer service at cymax and he told us there was a misunderstanding and they should have been escalated to a supervisor. they have now issued a full refund. and remember, if you have a consumer problem call us at 888- 5-helps-u. on the consumerwatch, julie watts, kpix 5. >> let's escalate and look at what's ahead on the "cbs evening news." >> scott pelley is in new york. >> reporter: great to be with you in the bay area. 13 people including kids and spectators were gunned down at a basketball game in a violent

night in chicago. we're on the scene there. plus, the house of representatives today voted to effectively kill obamacare. we are going to have a look at what comes next. those stories and the rest of the world news on the "cbs evening news" at 5:30 right after kpix 5 news. ,, ,, at kaiser permanente we've reduced serious heart attacks

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persistent problem... of br escalators. th tonight we ask bart how it's dealing with the persistent problem of broken escalators. >> all right. thank you for watching. the "cbs evening news with scott pelley" is next. captions by: caption colorado comments@captioncolorado.com

>> pelley: tonight, 13 people gunned down northbound a city park. kids and spectators at a kids and spectators at a basketball game are shot in a violent night in chicago. >> illegal guns. illegal guns drive violence. >> pelley: dean reynolds is there. the house votes to effectively kill obamacare. nancy cordes looks at what comes next. >> let's go! first one! >> pelley: it's a new record. sales of a video game hit a billion dollars in three days. elaine quijano on a sign of the times. and "on the road" with steve hartman. >> he's got a special magic about him. >> pelley: there's magic in melvin pickens' bristles, sweeping up the heart of little rock. >> you just can hardly turn him down.