you're right. now the state is making them pay next. ,,,,,,,,,,

the bay area's very own geoe lucas snubs san francisco. tonight the force isn't with us. the bay area's very own george lucas snubs san francisco. instead chicago is going to get the big prize. >> the drama over the new lucas museum has been going on for

years. what happened? >> so much, ken. this lot right behind me was once the city of san francisco would hope lucas would want his museum. but instead they chose the state of illinois. sorry, san francisco, no millennium falcon. no wolf man jack. george lucas' cultural museum is heading for the windy museum. this guy the mayor of chicago. >> cay not thank george melody enough for choosing chicago. i cannot thank george melody enough for choosing chicago. >> the decision and statement by lucas today regretful.

building in chicago is the right decision for the museum. but the bay area will always be my home. after years of back and forth between lucas and about building the museum on the field where the sports basement is, he officially affixed the plan a few months back. >> i'd rather see a different outcome, but that's his decision. >> in a last ditch effort, they offered up across the pier of 30 and 32 for $30 million, but they couldn't beat the $1 land lease offered in chicago. true statements from the san francisco chambers of commerce and mayor ed lee places blame on the trust for blowing the deal. to put san francisco's chance of the museum in jeopardy. the heart and museum, it appears that san francisco did

not have the force on its side. in san francisco, kpix 5. another factor that could have persuaded lucas is his wife, melody. tonight a bunch of occupied protesters have pitched their tents on the front lawn ahead of tomorrow's developers conference. they say that google isn't doing enough to protect the neutrality. about an hour ago it looks like there were a lot of google security guards as protesters have been seen here. they say that demonstrators could stay as long as they are peaceful. another medical setback tonight for the giant fans nearly beaten to death outside dodger's stadium. he's had a stroke. his attorney just revealed that he had a small stroke ten days ago and that brian is recovering slowly. and that is why he has not been seen in court against the dodgers. tonight a firefighter is in critical condition after a drill at the oakland airport that went terribly wrong. he was driving the fire truck during the training exercise when it flipped over on the

tarmac. >> right now with the response from the art unit, they do respond individually. that it is just one person that sits in the rig that it is from my initial reports that yes, he was wearing his seat belt. >> the injured firefighter is a 28-year veteran of the department, at the hospital tonight. tonight, we finally have answers about what caused the asiana airlines flight last year. in their final report, the ntsb put most of the blame on the pilot mismanagement and says that they relied too much on technology that they didn't understand. >> the pilots made between 20 to 30 different mistakes on that fatal final approach. and they accidentally turned off the plane's auto throttle, which maintains the air speed. as a result the plane was too low and too slow when it slammed into the sea wall, and all three pilots missed the warnings. two of the three chinese teen teenagers killed were not

wearing seat belts, thrown from the plane. the third died when the emergency exit door pushed inward and hit her. the ntsb credits first responders for saving five passengers who were trapped in the plane. but sharon, they also say they got along. >> the safety board said they didn't check for breathing or pulse before driving over one of the passengers. instead they just charged in to the wreckage. >> just don't go in there. >> reporter: ntsb investigators call it had a missed opportunities when they rolled over the 16-year-old when she was still alive. >> it was a short window of opportunity for these two firefighters to perform on passenger 41e and verified the visual assessments, but they did not do so. >> and their commanding officers didn't have training in airport disasters. >> we can definitely take action to try to limit the

secondary results that may occur. >> first responders say today other improvements are in place. emergency responders will now use the same radio frequency for communication. they can treat patients on the scene in new vehicles and then transfer them to the hospital. the airport is using a new emergency alert system. and the fire department is developing new procedures to avoid hitting victims. the safety director whose own job was created as a result of the asiana airlines crash. >> a lot of the recommendations mirrored the self-assessments. >> reporter: the emergency cruels will test the improvements all together at their annual september plane crash disaster drill. they also bought the 767 training airplane for a more modern and realistic exercise. >> those lessons learned in enhancements to be made, we're going to drill to those two. >> reporter: we talked to the fire chief, but she was not available. in a witness statement she says she is proud of the first responders extraordinary work the day of the crash. >> all right, sharon, thank

you. well asiana issued a statement sag, "we believe the ntsb has recognized the multiple factors that contributed to the accident, including the complexity of the auto throttle and auto pilot systems and have already made changes fits training." you can read the full ntsb report and see their animation of the final seconds on our website cbs5.com. right now oakland police are trying to figure out who killed a woman in her 20s. she was shot and killed on douglas avenue in east oakland about 7:00 p.m. this evening. you can start seeing the evidence, as she was talking to witnesses, but so far police have no suspects. a new story is -- is blowing up right now on our website. the gunman is found not guilty. tonight, we asked what it was okay to shoot at a kid. >> if you have a reasonable

fear of eminent danger, then you are allowed to defend yourself over someone you love, which is what happened in this case. >> reporter: two years ago he crouched down in his garage and shot at a 15-year-old kid in front of his house. a bullet did this, braised the kid's side. >> vandals hit his house again and again, someone even used a garbage can to smash a car window. when he saw him in front of the house, he got his gun and said he accidentally fired. he told the court he was trying to protect himself and his wife. basically he was standing his ground. >> he was in a predictment where he didn't have time to think. someone was coming at him over their head while in a low vulnerable position. >> reporter: the prosecution says he overreacted and pointed out after the shooting he climbed on his roof and hid the gun trying to cover it up. but he panicked. >> he put that gun immediately and then just stood there in

shock that this is the worse day of his life. >> reporter: but tonight neighbors aren't buying it. >> there was some antagonizing. >> reporter: to be clear there is no stand your ground law in california, but there is a specific criminal jury instruction allowing the jury to acquit someone based off of a stand your ground defense. so the term is still in california's books. >> he lost his job at sfo after his arrest. his attorney says that his client hopes that the acquittal will get him the job back. someone has been setting fires all over san francisco. tonight fire investigators say this is the guy they are looking for. the footage is from last week. he was seen walking into a building near where two dumpsters were set on fire. now this garbage dumpster was also set on fire last thursday. there had been at least five small fires in the past two weeks. one earthquake in museum along the most active

earthquake belt in the world. the ring of fire is passing right through the bay area. so what does that mean for us? well that's what we went to find out. >> i guess you could think of it as a solid therein crust move to the earth. >> they have less than an hour in parts of the pacific, having scientists that make them wonder if one caused the other. >> the rival time from the magnitude 6.9 earthquake in museum corresponds with the time in which the alaskan earthquake occurred. >> reporter: the seismologists cannot say for sure whether or not there's a connection without doing more research. but they have seen this before. in fact he says that these types of earthquakes happen as often as several times a year within minutes of each other. still he says that the magnitude of the alaskan quake was so great that it would have happened anyway, just not as seriously. >> the last time it happened was maybe two days later or a

week later. >> what does all this activity mean for us here in the bay area? >> we'd like to tell people not to look for these short-term predictions because we have an earthquake on the other side that might trigger one here. but we cannot tell you that. >> reporter: they can, however, make long-term predictions. he says that here in the bay area that we have about a 60% chance of the big earthquake that is hitting some time over the next 30 years. scientists say it was unusual to see such a big earthquake in that part of alaska. there have only been five large quakes there in the past century. ever feel like you are getting ripped off when you shop at whole foods? turns out you're right. tonight we'll show you how they were caught overcharging customers. and it is almost done. tonight we'll take you on an inside tour of the 49ers and their new stadium, but there is one thing that is still a secret. ,,

she was 2 hours late for a was the ceo is making headlines tonight for all the wrong reasons. she was two hours late for a meeting because she was napping. she was in france last week. the wall street journal says she was suppose to have dinner with a bunch of advertising executives. when she finally showed, she confessed she fell asleep. the backlash was swift. someone even created a fake twitter account tired melissa. fox will acquire ktvu. an ex change their current owner will get fox stations in

memphis and boston. the deal still has to be approved by regulators. well if you shop at whole foods, you'd expect to spend a little bit more money. but if you ever felt like you were getting ripped off, tonight kristin ayers says you were. >> reporter: the los angeles city attorney's office found out whole foods has been cheating shoppers out of cash at stores all across country. >> everyone knows that you shop at whole foods you're going to pay a little extra. >> they call it like the whole paycheck. >> what is different? >> what some shoppers didn't know is that whole foods has been illegally charging california customers even more. >> i think that is very deceptive. >> after a year-long investigation, the los angeles city attorney announced today whole foods will have to pay a $800,000 fine. punishment for a apparent of overcharging. turns out they were charging too much at the hot bar and this salad bar, failing to

deduct the weight of the container. and at the deli, they were sometimes charging by the treats rather than the pounds as required by law. in a statement they blamed the human error and said that the pricing on the weight and measured items were accurate 98% of the time. >> and they needed to weigh 12 ounces. >> still, some customers we spoke with failed to check their receipts. >> and they debated on whether or not to cross whole foods off their grocery lists altogether. >> it kind of considers, well, maybe you need to look at your options for shopping. >> reporter: in oakland, kristin ayers, kpix 5. >> as a part of the settlement, they agreed to create two new positions to oversee the accuracy at all 74 of their california locations. tonight we're getting our first look inside the new stadium in santa clara. they show us what $1.3 billion can buy. >> the price will go off from

the performance center down the walk. and come right down the double doors into the locker room. >> reporter: this is what the players will see when they enter the stadium on game day. this is what the fans will see. the stadium is just about finished and from the top deck it is a magnificent view from nine stories up. >> here we are 30 days or so from opening and we are right where we needed to be. it is 94% complete. we're proud under that 95 pretty quick. >> the stadium will open with a soccer game, but the stadium grass was striped for the football today, just for usual effects with some things they were not allowed to see. >> this is the interest as they are letting reporters, not cameras in there as they want you to see it first for yourselves. the biggest outdoor screens in the nfl. >> this thing is huge. you want to be able to enjoy the game and see replays in

that game as it unolds. >> kpix 5. >> the stadium will host super bowl 50 in 2016. you can watch it right here on cbs5.com. >> we'll be there. >> yes, you have a much shorter wait than that. we had a weak little cold front moving through the bay area. tonight, they will start to bring temperatures down. warm inland and they may bring some drizzle along the shoreline. that's what it will amount to. temperatures today, look at santa rosa, 92 degrees. fairfield with 88, concordat 87. here in the city it is 66 degrees. mid-70s in san jose. as we look live, standing proudly since we opened back in november of 1936. concord with 62 degrees, san jose at 62 degrees. here is how we would look as they will be packing into the

shoreline. this is the forecast on what it should do by tomorrow. most of sonoma county is overcast and the low clouds are really pushing inland. so the dramatic change for tomorrow's conditions and the temperatures too, they will come down, but it will be in the upper 70s. what's happening is the low pressure off the pacific northwest bringing in the cool air with it. and then after that we'll go in the other direction as they need to have a very warm weekend, so enjoy the break from the warm weather anyway as we get the fog and low clouds moving towards the shoreline with a long weekend ahead by the later half of the weekend. if you are heading out to the valley, the numbers will be mostly nearly 90 degrees. out in the bay area we're see morning clouds. they had thunderstorms at denver tomorrow. overnight lows 50s will do it.

54 here in the city. as for tomorrow we've got mid- 70s in the south bay. we've got upper 70s for most of the east bay. in the north bay we're looking at numbers in the mid-70s. everybody is going to come down by five to eight degrees with a little drizzle as well. they are calling for things to cool down and then as we head towards that weekend, things are going to warm up back into the mid-90s by monday and tuesday with a little bit of the cool change, but not for long. >> thank you. and that veteran actor eli wallock has died. he's one of the most prominent character actors in hollywood with his career spanning 60 degrees appearing in tons of films including a young clint eastwood. coming up, she's only 4 years old, but nothing past her. how she solve add robbery that her babysitter was in on.

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a disfigured girl asked to leave kfc. tonight they say it was a hoax that it didn't happen. this 3-year-old girl from mississippi was mauled by a pit bull, which did happen. last week her family says that a kfc employee asked them to leave because the girl's scars upset other customers. tonight kfc says two investigations reveal that it never happened. she was never there. strangers donated more than $100,000 for the family online. kfc says they will still give the family $30,000 for her medical bills. well crooks better think twice before getting past one 4- year-old in washington. >> abbey dean is being credited for busting her babysitter in the alleged burglary. the 17-year-old baby sister and her friend orchestrated a fake home invasion. they might have gotten away with it, but the babysitter's report of what happened was drastically different from what

the little girl remembered. >> and she is not a very good babysitter. >> eventually police got the teenage girl to confess. two weeks ago a jolted giant would have the playoffs on the all-star break. and they might not even be in first place. they take a bite out of italy. they have the world shaking their heads in disbelief. ,,,,,,,,,,,, the wonder of summer is that

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many questioned the a's when they let colon go to the nets, which looked like a brilliant move until tonight. three innings allowing seven runs. meanwhile colon was the opposite of cashmere. eight strikeouts, in his eighth win. the crazy eight for bartolo. in the bottom of the fifth, chris young goes deep for the second time of the game. the mets cruise easily 10-1. that's the a's worse game of the year right there. they ended up on the candle sticks tonight on at&t. they are up 4-1 with the base hit to the right scoring two

off of tim hudson. who you do you give up 13 earned runs here tonight? the padres went 72. and the giants leading the west down to a very precurious pre- game. luis foreman picks marchesio in today's game, facing the maximum effort of two months. but here comes the header, heading into the game as they win 1-0 advancing to face the knockout round. tied up in the 91st minute. and that is a penalty. that sets up giorgio. they went 2-1 advancing to the knockout run for the first time ever. they decided to rip out of their contest with anytime, two gait yet, we have the tv specials to tell you how it is

going. but to see him and stephanie together? never say never. tuesday night's top five. number five, this is the header of the different kind. italy with a move that would make bruce lee jealous. number four ivory coast goes to tie the game. look at the goalie celebrating. with a mouth full of grass. they are not sure. but number three, one of the highlights for the giants game. the police officer that makes the cash and then he tries to take the ball away from him. did they try to steal that serious serious -- try to steal thatserious event. watch them embarrass their fellow teammates here. i mean this guy, he is a human kickbox. in fact the 49ers do not sign

bernie davis. jim harbaugh tends to do a scouting routine. by the way vernon davis has all the leverage as i just wrote a blog on kpix.com. hopefully it's posted and you can check it out. >> you think that the hold off is going to work? >> i'm just saying that he has more leverage than what people think. we'll be right back. ,,,,,,,,,,,,,,,,,,,,,,,,,,

tomorrow morning at 4-30. our next newscast is tomorrow morning. at 4:30 sharp. i'd like for you to all be

there ready to watch. and then i'll be checking. ( band playing "late show" theme ) >> from the heart of broadway, broadcasting across the nation and around the world, it's the "late show" with david letterman. tonight... plus paul shaffer and the cbs orchestra. i'm alan kalter. and now, filmed in exciting new pannavision, david letterman! captioning sponsored by worldwide pants and cbs