tweeted this photo. please slow down in the rain. >> people see the sun come out and think they can drive 65 again. the roads are still wet. the roads haven't dried out because the sun is out. rter: the chp says nearly all the crashes have been single cars except for the one on redwood street driving too fast for conditions, the cars then hydroplane and lose control. also a problem today in spite of rain, chp says that every crash they have responded to they have seen other drivers by distracted on cell phones while there are wet roads, adding to mother nature's mess. andria borba, kpix 5. >> meteorologist paul deanno says this caught us by surprise. >> we had cloud cover yesterday the northern fringe of the subtropical moisture plume and we thought the rainfall would stay well to the south of san francisco even south of

monterey. mother nature, yeah, had other plans. low pressure lifted farther to the north. stow should have rained well to the south. but we received the rainfall right here in the bay area. because that low tracked farther north. we are still tracking some rainfall right now impacting the evening commute. it's not terribly widespread. it will mainly be in the south and east bay but it's now leaving san jose, milpitas ford fremont impacting new livermore and the tri-valley right now. on-and-off showers all day from oakland east to lafayette san ramon out toward brentwood and concord and martinez. we have had some scattered showers. if you add everything up it did not amount to much at most .06"." sa arena moan and belmont .03." san jose .01." it doesn't take much to cause a mess on the roads. we may have more rain this

evening. we'll talk about 90s coming up in 10 minutes. thank you. we are wrapping up the 2015 water year and it's going down as one of the driest on record. state officials measure rainfall from october 1 to september 30. this was the fourth year of the drought as we all know and the low watermark came in april when the snowpack contained only 5% of average water content. fingers crossed an el nino winter will provide us some relief. a small earthquake shook fremont this afternoon. it measured 2.5 and rattled the mission creek area near 680 and 238. no reports of any damage. we learned today there will be a lasting memorial to an artist shot and killed in oakland. a huge crowd gathered this morning at the spot where antonio ramos was gunned down. it happened yesterday while he was working on a public art project. kpix 5's da lin on the tribute to the young artist and the

emotions at his memorial. da. >> reporter: no one can understand why anyone could kill an artist trying to improve and bright then west oakland neighborhood. the victim's mother was in so much grief this morning, she collapsed during a vigil. a lot of hugs and tears. >> this affects everyone. >> reporter: as people came to honor artist antonio ramos. >> you an angel and [ indiscernible ] we'll miss you. >> reporter: at least 100 supporters remembered antonio at the spot where he died. >> i was painting on the wall yesterday when it happened. total shock and surprise. >> reporter: antonio and eight others were painting a mural at the time when witnesses say a gunman walked up argued with antonio, shot him and ran off. >> volunteered his time. showed up every day with a smile, with music. and he's just a bright light in this community. >> reporter: friends say the 27-

year-old man was trying to bring color and hope to a community that's plagued with poverty and violence. >> he's a young talented man. so that's one less person we have bringing positivity to the neighborhood. >> reporter: antonio's parents and brother didn't talk publicly at the vigil. but the mother was in so much pain she collapsed and paramedics took her to the hospital. other artists promised to finish the painting and dedicate it the to antonio. what do you want his family to know? >> i want them to know that he will always be there in your heart. >> reporter: the middle school students who designed the painting were supposed to come here at 2:00 today to help finish the mural but canceled the trip until they can get security guards out here. the artists plan to add his picture to the painting here. by the way, quite a few people saw the gunman but still no arrests have been made. live in west oakland, da lin, kpix 5. >> it's been a violent 24 hours in oakland and in addition to

the artist killed a body was found wrapped in plastic on union street. a young man was gunned down on birch street and this morning, another man was found shot to death near joaquin miller park. coming up at 6:00 we look at the long odds police face in trying to catch the killers. in san jose there's a controversial proposal to allow landlords to evict teens have had run-ins with the law. kpix 5's devin fehely -- to evict tenants who have had run- ins with the law. kpix 5's devin fehely reports. >> where are they going to go? >> reporter: eviction without a conviction, opponents blasted a proposal being considered by the san jose city council that would allow landlords to evict any tenant who has been arrested but not convicted of a crime. >> if anybody is completely related to your house whether it's like a guest or somebody in your house, um, even gets arrested, they don't have to get convicted, then you're evicted. >> reporter: his plan would

allow police to notify landlords when a attend has been arrested for a serious crime like assault or selling drugs. the councilman believes the program will cut crime and make communities safer. >> the fact of the matter is, in most of the cities that are using this program, crime has gone down more than 30%. we're empowering the community to report crime. >> reporter: but opponents fear the program if passed could lead to a tidal wave of evictions and up ends one of the cornerstones of the justice system that someone is innocent until proven guilty. >> there's a lot of due process problems with this proposal. not only is it not limited to convictions, but it includes arrests but it's not time limited. >> reporter: backers of this proposal say that they believe it will actually empower communities that might feel like they are living at the mercy of criminals. but critics say it's at best an imperfect solution that they believe will do more harm than good. the full council will vote in

late october. in san jose, devin fehely, kpix 5. two san jose police officers have been cleared in a deadly shooting. >> knife walking towards us. >> shots fired, shots fired! >> those are the dispatch tapes from the february incident. police say 23-year-old phillip watkins charged at them and the officers opened fire when he ignored their orders to stop. prosecutors say watkins provoked the incident telling his ex-fiancee that he wanted to be shot by police. russian planes bombed syria today fueling new tensions over the country. russia says it is targeting isis. cbs reporter craig boswell explains the u.s. is questioning russian's motives. [ non-english language ] >> reporter: russian jets could be seen in the skies overseer yeah dropping bombs for the first time. russia laid out its case for the air strikes at the u.n. wednesday morning. >> we are referring here

exclusively to operations of the russian air force to carry out strikes against isil positions in syria. >> reporter: but russian jets hit targets near homs syria an area not currently controlled by isis. >> we must not and will not be confused in our fight against isil with support for assad. >> reporter: the white house is concerned russia will use the air strikes in syria to not only fight isis but to prop up bashar al-assad who the u.s. considers a dictator. >> russia will not succeed in imposing a military solution on syria any more than the united states was successful in imposing a military solution on iraq a decade ago. >> reporter: on the senate floor wednesday morning senator mccain says assad is the reason isis is as strong as it is and he blamed president obama for "keeping assad in office." >> the president said for years that assad must go. but he has done nothing that has brought us any closer to achieving that outcome. >> reporter: russian president vladimir putin says his forces

are in syria at president assad's request. craig boswell, cbs news, the white house. >> the u.s. and russia disagree about what to do about assad. president obama said they would work together on a political transition but only if assad leaves power as a result. putin is assad's most powerful backer. a government shutdown is averted. congress approved a temporary spending northbound keep the federal government operating through mid-december. in the house, the measure was approved only because of strong support by democrats. conservative lawmakers were trying to use the bill to strip funding for planned parenthood. the measure now heads to the president's desk for his signature. the pope had a meeting during his visit in the u.s. that flew under the radar. the vatican confirms pope francis met are kim davis who refuses to issue marriage licenses to same-sex couples. the pope hugged her and told

her to stay strong. this is a photo of the rosary he gave her. >> the fact that he met with kim davis sends a message that he is someone who stands with those individuals who are standing on their religious convictions. >> on the flight back to the vatican, pope francis says he didn't know the details of davis' case but said he supports individuals who refuse abide by laws because of their consciences. custody drama over a duck. >> joy is something that everybody needs in their life and i think that the duck gives a lot of that to us. >> the beloved pet wanders away from her friends at a retirement community in the bay area. now a legal foul-up could keep them from getting her back. >> this is kind of wild. a mountain lion captured on top of a power pole. what could have driven the big cat way up there? >> and we have all heard horror stories of people getting roped into time shares they didn't

want. but how did one woman end up $20,000 in debt? the sales

tonight senior citizens at a bay area assisted living facility are fighting to get their pet duck back. problem started when the talk ran off. somebody found it -- when the duck ran off. somebody found it and it's okay. why can't the seniors get the duck back? mike sugerman found out. >> reporter: why can't they get their duck back? well, there's two sides both well meaning with the law right in the middle. once upon a time there was a talk, juanita a mallard. she had a friend named rita. >> she saw me and waddled across got under the glider and sat there with me. >> reporter: she had a friend named natalie and mike and rosalee, too. >> so she really loves people. >> reporter: they all lived here at the bello gardens

senior center in san anselmo. >> she had been here since she was four days old. >> she was found and brought to us off the street when she was a tiny duck. >> reporter: for a while everything was ducky. >> joy is something that everybody needs in their life and i think that the duck gives a lot of that to us, gave a lot of that to us. >> reporter: one day juanita decided to see what was outside the backyard over the fence. she got lost and scared. someone found her and brought her to wild care, in san rafael. >> a few days later we get a call from the assisted living facility that they have lost their duck. >> reporter: their duck had been found! but oh, no! juanita was a wild duck. they can't just be anywhere. it's the law. >> people don't know how the raise the animals. they get raised improperly to the absolute detriment of their health. >> reporter: so instead of living with rita and mike and rosalee and national that lie,

she is living with vladimir, kiely, baja and wally who has really taken to her since his pal willow died. not everyone is living happily ever after. >> oh, yes. we miss her terribly. >> reporter: but wild care says it can't give her up. it's a sad tale. and someone will be unhappy when it's over. there's no ducking that. and there's now online petitions even letters to the governor in an attempt to solve this duck dilemma. in marin, mike sugerman, kpix 5. >> well, that mountain riot spotted yesterday on a power pole -- mountain lion spotted yesterday on a power pole in the lucerne valley in the mojave desert, the people say it may have climbed it because of a dog or animal frightened it. the lion came down last night. neighbors are on edge because it was actually the second lion spotted in the area yesterday. and this just into the newsroom right now.

the santa clara county coroner just issued preliminary autopsy findings on the latest inmate who died at the santa clara county main jail. the coroner did not find a definitive cause of death for walter roaches. at the same time, there were no obvious signs of foul play or acute injury that would explain his death. more test will be run. his death comes a month after another inmate died in custody. three deputies are charged with murder in the case. the university of san francisco is the latest in a string of campuses to turn their backs on bill cosby. school officials unanimously voted to rescind the honorary degree they awarded the comedian back in 2012. cosby has been under investigation since dozens of women have come forward saying he sexual assaulted them. in a deposition, cosby admitted wrongdoing. usf says his behavior is inconsistent with the criteria for a degree. caitlyn jenner won't face charges for a deadly crash this

year in malibu. prosecutors say they don't have enough evidence for a conviction. jenner's suv crashed into two cars in february on pacific coast highway. one of the cars was pushed into oncoming traffic and was hit killing the driver. investigators say jenner wasn't speeding but was going too fast for the current conditions. donations have poured in for the victims of the "valley fire." but tonight a different way to ease their pain. two medical marijuana companies are offering $20,000 in free canada business products for those affected by the wildfire in lake county. those with a prescription can pick it up at five area dispensaries who are participating. back to the wet we have been seeing today in albany, we spotted a flock of turkeys working their way through a rainy neighborhood as they were waiting to pass. >> they were looking for the

ducks. >> you're on a roll, dude! >> you know, it's nice to see the -- if you are going to be wrong err on the side of being wetter than what we thought. >> we got the rain today. >> let's hope this is the beginning of a wet autumn. really wet winter. wouldn't it be great if it stayed this way and got rid of of the drought? dublin getting showers where 580 and 680 come together. sunnyvale is dry, campbell, saratoga and milpitas. temperatures today nowhere close to average, everybody in the 60s. livermore your average is 83. today 68. oakland 63 with the cloud cover tonight and the chance of showers continuing. it will be a couple of degrees milder tonight. vallejo 59. mountain view 56. san rafael 54. there is a lot of weather going on right now and one story you will hear a significant amount

over the next couple of days is hurricane joaquin. what a quiet hurricane season it has been in the atlantic but now we have a storm which the hurricane hunters just confirmed is a category 2 hurricane and look where it is heading! the cone of uncertainty includes new york city, philadelphia, baltimore, washington, dc, we could see a landfalling hurricane on the east coast as soon as sunday evening. for us, our weathermaker is this area of low pressure. it's been feeding in the cloud cover and the cooler weather for the past couple of days but today a new wrinkle because all this moisture which is supposed to stay south did lift to the north. the low will move out tomorrow. we get a ridge of high pressure building in for two days because a different area of low pressure will sneak into the bay area we are talking about low pressure and we hope it leads to more rainfall soon. scattered showers tonight and

tomorrow morning. sunshine back for two days warmer friday and saturday but then we cool down and get cloudy again on sunday. livermore mild. napa2. mountain view tomorrow 75 degrees. napa 72 degrees. sunday cooler and cloudier. we'll stay there. so we are beginning to see more cooler and cloudy days than the warm stuff. imagine getting a bill for $20,000 for something you never purchased. it happened to a bay area woman when she got roped in, she says, into a time share presentation. she contacted consumerwatch reporter julie watts. >> they didn't say i was buying a time share. >> reporter: but somehow, lily johnson ended up with one. back in june, the retiree attended a shell vacation presentation with the intention of claiming a free gift card. >> i told them i don't want to buy time share.

>> reporter: but she says when the salesman found out she owned a time share before with a different company, he tried a different approach. >> i have good news. we found your old time share. we can give you credit for t. >> reporter: and the cost of reactivating her old membership? just a few hundred dollars. money lily says the salesman told her she should pay on a new credit card he was offering. so lily agreed signing and initialing a bunch of papers. >> they went through the paperwork so fast. >> reporter: and six weeks later, lily got a surprise. this statement informing her she now had a line of credit a new time share and $20,000 of debt. >> every time i turn around i'm thinking about $20,000 i owe. [ crying ] >> this is really something. >> reporter: we asked time share expert mark silverman to review lily's paperwork. >> she has paperwork that looks like it supports exactly what she says. >> reporter: and when we brought it to the company's attention, shell vacation club didn't deny it. in a statement they said, we

appreciate you bringing this matter to our attention. upon our review, we have released her of her contract and all obligations. good news for lily, who has a warning for anyone who thinks a free gift card won't cost them. >> people think you receive all these goodies. don't go. don't go. >> now, silverman says almost everyone who goes to a time share presentation says they are not going to buy anything but one in ten do. under california law you have three days to cancel a time share membership but she didn't get her bill for six weeks. remember, if you have a consumer problem, e-mail us at consumerwatch@cbssf.com. tonight a classic "judge judy" case is taking the internet by storm. how a man lost his case in,,,,,,

[announcer] right now at sleep train, get up to 48 months interest-free financing on tempur-pedic. save $300 on beautyrest and posturepedic. or choose $300 in free gifts with stearns & foster. the triple choice sale is on now at sleep train. it was "judge judy"'s shortest case ever. >> a case from 2010 involving a stolen purse has now gone viral. more than 4 million people have watched two boys who should have kept quiet. >> like what? what was stolen? >> my wallet. >> what was in your wallet? >> 50 bucks. >> okay. >> i had to replace all my ids. i had gift cards in there. my earpiece. and a calculator. >> it was not an earpiece in

there, ma'am. [ laughter ] >> "dumb and dumber." [ laughter ] >> judgment for the plaintiff for the amount of $500. that's what i think it's worth, madam. good-bye. [ laughter ] >> yes. it only took the defendants 26 seconds to be proven guilty. >> that's a record. now for a look at what's ahead on the "cbs evening news." scott pelley in new york. scott. >> reporter: here's the "cbs evening news" tonight. joaquin becomes the first hurricane of the season to threaten the u.s. we're tracking the storm and the extreme flooding that could come with it. plus, russia has joined the fight in syria. we'll have a look at the danger of russian and american warplanes in the same skies on opposite sides. those stories tonight on the

i'm ken bastida in the kpix 5 newsroom. new at 6:00 tonight, cursing, yelling, a bay area school

superintendent accused of losing it only on "5" what he now says set him off at the last minute. what he is promising to do from now on. we are live with new information. >> plus, trouble for another bay area oyster business. this time it's a restaurant under fire for how it serves its customers. join us for that at 6:00. we'll be watching for that. we'll be watching for any more showers tonight off and on? >> yeah. more off than on right now. i think another round after midnight tonight. >> thank you for watching us at,

jamie wanted a taste of the real new orleans and we just couldn't say no to that face. then we wanted more of that local flavor so betty says... oh yeah, that's betty. you're going to want to do this alligator thing. and betty didn't lead us wrong. a little later we passed some dancing. and who doesn't like dancing? especially when it's followed by fireworks

everyone's nola is different. follow yours.

>> pelley: heavy rain and flooding hit the east coast. and it could be just the beginning. hurricane joaquin is on the way. also tonight, the world just got more dangerous with u.s. and russian warplanes in the same skies on opposite sides. refinery disasters, the one that happened and the bigger one that almost did. and a way of life is coming to an end for the gladesmen. >> my grandfather used to take me out here when i was a kid. captioning sponsored by cbs this is the "cbs evening news" with scott pelley. >> pelley: this is our western edition. have a look at the rain in maine. cars up to their gas caps, a storm system is whipping up scenes just like this all the