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>> live, from the cbs bay area studios, this is kpix5 news. >> breaking news. bay area rescue crews in a race against time to save a man trapped underground for nearly 11 hours now. >> first the raiders staying in oakland. at least for now. tonight, the team's owner not too happy. christin ayers is in houston tonight. chased down mark davis to get a few answers. christin? >> reporter: after 12 odd hour of deliberations the nfl making it official in this room. the raiders will stay in oakland. the rams will go to la with potentially the chargers as well. raiders owner mark davis made

no secret of his disdain of this plan and made no promises he would keep the raiders in oakland in the future. the raiders owner minced no words tonight. >> this is not a win for the raiders. >> reporter: they voted to keep the raiders in oakland. give the chargers the option to move to la and the rams going for sure. the nfl said they would throw in consolation prizes. >> we would get $100 million to both the chargers and to the raiders to use to help build a facility. >> reporter: that was not enough for davis. he walked off the stage mid press conference and seemed visibly frustrated when we caught up with him in the hall. >> 100 million, will that help? >> i don't believe that will fill the gap. >> reporter: the city of oakland failed to reach a land deal with him. >> i have nothing to say for

libby schaaf. she snows what it would take. land. >> reporter: raider nation however celebrated. a handful of die hard raiders fans came all the way to houston to stand outside the hotel and urged the owners to keep the raiders in oakland. >> our home is in oakland. that is why we make our voices felt and heard. >> reporter: davis said he would consider making just about any city in the country home and refused to commit to keeping the team in oakland through 2016. >> i don't know that we will be where we will be. >> reporter: the raiders don't have a lease at the coliseum at this moment. he made it sound like they have nothing tieing them to oakland at this moment. he is going to explore all of his options. allen? >> thanks christin ayers. mark kelly is outside the coliseum in oakland. the ball is clearly in oakland's hands tonight. mark, what did the mayor have to say? >> reporter: mayor libby schaaf is hopeful that a deal can be

struck that keeps the raiders here in oakland long term, but the deal has to be good for the team, the fans, and also, the oakland taxpayer. at ricky's sports bar in san leandro, a celebratory drink for keeping the raiders in oakland. >> it was a big victory. >> reporter: but the pressure to keep them long term now falls partially on mayor libby schaaf striking a deal with team owner mark davis. >> we recognize that the clock is ticking. that this opportunity will not last forever. so we will treat it as such. but my hope is that we are given a year. >> reporter: the mayor saying the $100 million from the nfl will make a tremendous difference, but she is still putting her foot down, no taxpayer money. >> he remains confident that we can get a stadium built in oakland without a direct public subsidy. >> reporter: as for davis' stick point, land. >> mark davis brought up the land was an issue here. what would be your response to

that? >> you know, we will be back at the table discussing the issue of land, land value. development possibilities. those are all pieces of a puzzle that need to get negotiated. >> reporter: tonight, fans have a message for davis. if he tries to make yet another exit from the bay area. >> you should move to la and leave the raiders here. >> nowhere else are you going to find what you have here in oakland. >> reporter: so, when we spoke with the mayor tonight, she had not yet spoken to mark davis over the phone. but she said she hopes to have that conversation as early as next week. lye at the coliseum, mark kelly, kpix5. in a statement tonight the raiders say the team will turn its attention to exploring all options to find a permanent stadium solution. you will notice there is no mention of oakland. >> dennis o'donnell joining us now. what a turn of events for the raiders. >> the machinations of the nfl

meetingful this decision might have been a loser for mark davis, but it was a touchdown for raider nation, the city of oakland and its politicians at least on the short term. but let's get to the $100 million promise. the raiders will be on the clock for one year to commit that $100 million to a new stadium in oakland. that puts the owners on oakland's poll cigs and libby schaaf to get a deal done or endure more threats of leaving. 100million does not fill a stadium, but mark davis said he would add 5 million to that. sponsorship deals. you close the gap. the bottom line, the city got a huge reprieve today. despite what davis said about next season and the uncertainty of 2016, we are at too late a date to take off and play at the alamo dome or wherever. the alamo dome is not a good

situation for any nfl team. that is a city that doesn't have money to build a new stadium. so oakland is what it is right now for al davis. i would caution the politicians not the rest on your laurels and say you are stuck here. they have to get a new stadium. >> thanks dennis. we turn to breaking news in oakland. a harrowing rescue stretching into the 11th hour. dozens of emergency crews are trying to free a man who is trapped underground. it is all happening near 21st avenue and east 24th street. kpix5's andria borba is there. andria, seems like every time they are about to get him out, he slips back in. >> reporter: that's right liz. they are not only racing against the clock to get 41- year-old rojelio esparza out of the ground, they are racing against the weather. there is a tarp ready to go in case he is still in the ground when the storm rolls in. it is a problem oakland

firefighters are facing is that the sandy loamy soil keeps filling up beneath him. they began making progress. when it began, rojelio esparza was buried up to his chest in sand and dirt. it is now below his hip. the problem is his right foot which is stuck in very thick heavy klay. they are working to get that out. they keep lowering firefighters down to check on him and try to make progress in this fight. they say physically, despite the fact he has been in the ground six to eight feet below street level for ten plus hours, he is physically doing okay. >> the patient is oriented, communicative. we have line on his vitals. we are taking care of all those needs. he is talking to us. he is comfortable. but his foot is stuck down in muddier soil down below like a

heavy clay. >> reporter: you can see the scene. they continue to lower firefighters down to check on him. but i want you to take a look at this ladder truck. those blue lines as well as the yellow lines are holding oakland firefighters going down to mr. esparza to check on him. the orange line is attached to mr. esparza. there is also a machine trying to suck that sand away from him so oakland firefighters can get him out of the hole. they say he was working in a trench this afternoon when a trench gave way underneath him dropping him into the ground, they are working as quickly as they can, but admit the progress has been slow, tedious, and has not been moving along as quickly as they would like it. live in oakland, andria borba, kpix5. mystery in alamo square. san francisco police say that bones found in a residential planter box last month belonged to a child between eight and 14 years old. so far, no identification. bone were also found from an

unknown second individual. >> when you first find bones you have to see where they came from. it doesn't automatically mean that the person was murdered or anything like that. they could have come from another location. brought here from another stated. it is unclear. there are lots of different avenues. >> at this point, it is unclear how long those bones had been there. tonight, a woman is suing the city of san francisco police department. she says officers aren't investigating her rape. heather marlowe says she was attacked six years ago during the beta breakers race. they have not tested her rape kit that was taken at the hospital. >> you have to right a play in order to get any attention to my assault that happened to me? and for the police to tell me they are going to continue to

misrepresent me hark is incredibly deficient. >> the police department says it cannot comment on the lawsuit. the san francisco city attorney says it is reviewing the allegations. in his final state of the union address tonight, president obama laid out his vision for america. it is one he says builds on the successes of his time in office and he also talked about his regrets. >> the president of the united states. >> reporter: an optimistic president obama told the nation he is looking to the future. >> i want to focus on the next five years. the next ten years and beyond. >> reporter: part of that involved looking at the present. >> we are in the middle of the longest streak of private sector job creation in history. >> reporter: he champions the iran nuclear deal, climate change agreement and america's resolve against terrorism. >> when you come after americans we go after you. it may take time but we have long memories and our reach has no limits. >> reporter: melissa cane says he was getting back to his hope

and change campaign possession sag. >> really talked more about the future. what is going to happen. we are going to try to cure cancer and malaria and lay out a road map for the american future. >> reporter: twitter lit up with criticism of a very somber paul ryan. >> no matter what president obama said, speaker ryan did not applaud or show any sort of appreciation even when he said things like let's cure cancer or get money out of politics. >> reporter: south carolina governor nikki haley warned gop candidates and their supporters against a hard line immigration stance. >> during anxious times it can be tempting to follow the siren call of the angriest voices. we must resist that temptation. no one who is willing to work hard, abide by our laws and love our traditions should ever feel unwelcome in this country. >> now members of congress

representing the bay area weighed in onto night's speech and the challenges ahead. >> the president talked about a country whose state is very strong and we are strong. but we expect better of our leaders and our leaders if we work together, we can do everything we can to keep the bay area economy moving forward. we can do much more to end gun violence. we can certainly wipe isis from this earth. >> all in all, i thought it was outstanding. he clearly at the point in his career where he knows there are very few things he is going the get through congress that is mostly republican. >> in our exclusive kpix5 survey usa poll, 60% of californians say they approve of the job president obama is doing. 38% disapprove. when asked about tonight's speech, 55% said it was just right. 26% say it was too timid. a bay area sheriff open deputy goes on a fast food run and ends up in jail. what he is accused of doing in the drive through.

>> you have never seen someone leave the scene soft a bay area crime like this. the story of the skipping scoundrel. >> a fremont student did so well on the sat, he is being forced to retake it. tonight, he explains why. >> rain is approaching on marin county, san francisco, san mateo county. it will pick up in coverage an it will pick up in coverage an inte,,,, dayquil liquid gels and go. hey buddy, let's get these but these liquid gels are new.

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sheriff's deputy who was armed and hungry is in some serious trouble tonight. mark sayre on the fast food run that landed him behind bars. mark? >> reporter: well, it all happened here at this jack in the box on el camino real just a few blocks away from the santa clara police department. police arrested 33-year-old benjamin lee for driving under the influence of alcohol an brandishing a firearm. witnesses tell kpix5 that lee who was off duty and behind the wheel with two passengers early sunday morning got upset at the drive through line taking to long. when he did reach the window, witnesses said he was angry and pointed a gun at the clerk and a manager. roger winslow, vice preponderate of the deputy association of santa clara county say this incident is tough for all deputies. >> human behavior is no different. these problems we will see in

the future. but know they are isolated. they are rare. and we understand that public does have a high standard. >> reporter: police say employees called 911 and officers actually arrived faster than the food. lee was still in line waiting for his order when the officers blocked his car and arrested him and took him to jail. and that deputy is currently on paid administrative leave while internal and criminal investigations are underway. i'm mark sayre, kpix5. in san jose, a serial robber has been preying on elderly woman. there is a suspect in custody. surveillance video captured one of the crimes in action. the robber snuck up on a 67- year-old woman. stole her purse and then took off. tonight, heo ming wong is under arrest. also in san jose, a package thief seemed pleased with herself after steal ago little

girl's birthday present. maria medina shows us. >> stay away from our neighborhood. >> reporter: that's the message to the sashaying swindler. >> don't come back. >> reporter: the victim's neighbor julian says the entire neighborhood is disgusted by the woman. they shared the video on social media and hope someone recognizes her. >> we know most of our neighbors. we know each other so we are always on the lookout for each other. >> reporter: the victim tells kpix5 the theft happened last friday. the package contained a little girl's birthday present sent by a relative for her fourth birthday. but the thief's waltz doesn't stop there. she goes across the street to another home and steals the neighbor's mail. >> my wife buys a bunch of things on amazon. you see the ups driver up and down the street constantly. >> reporter: she may have gotten away with the thefts but

the woman could could soon be dancing all the way to jail thank to the camera that caught her entire act. >> hopefully that will teach her a lesson. >> reporter: maria medina, kpix5. a fremont high schooler got such good scores on his sates he is being asked to take them again. the college board thinking he may have cheated. his scores in november were suspiciously lie compared to the scores in june. we caught up with him tonight. >> i took the intense preparation for it for maybe a month straight and it really helped. i guess i did really well on the november 7 sat. >> the testing service sent him a letter calling his score invalid saying our preliminary concerns are based on an extremely unusual difference in your november 7, 2015 scores as opposed to your june 2015 scores. so, that student now has two options.

retake the test, but his scores must be within 100 to 120 points of the last time, or he can authorize the service to cancel his scores altogether. a party in a san francisco park leaving quite the hangover for taxpayers. this light saber battle last month cost the city more than five grand. much of that is from damaged turf. the rest for security. today, these signs were spotted at that park. they say sorry, the area is under renovation. you have another day to buy the winning ticket. the power ball jackpot has reached $1.5 billion. and the jackpot expected to soar even higher tomorrow. california lottery estimates $50 million of tickets were sold in the state just today. as the record breaking jackpot sits unclaimed, local business owners, well, they already consider themselves winners. power ball mania has drawn in long lines of customer who's

leave with more than just their tickets. even canadian tourism has spiked. residents of vancouver, toronto, montreal, they are flocking to the united states to buy your lottery ticket. >> why not? you can do it, take a chance. hey, one in 275 million is better than zero. >> it is not that much better than zero. >> i'm hoping like 30 people win. that could change so many lives. >> that is unbelievable. >> 50 winners right? we will all win with some rainfall. it is raining for you in marin county. good evening to you in san after. where we have the rainfall, santa rosa. clear lake getting rainfall. it is moving across san pablo bay. san francisco, not that far from right now, south city as well. oakland where we have the trench situation. that gentleman caught in a trench. rain will not help. it will be raining steadily within one hour or so. it will be a soggy overnight. and look at all the snow that

will fall in california over the next couple of days. futurecast takes you out to friday afternoon. lake tahoe. yes. bear valley, 22 inches of snow. donor summit, three feet. mount shasta forecast to receive 63.6 inches of snowfall between now and friday afternoon. gorgeous shot of the bay area taken from chop v. temperature ins the 50s . livermore 57. san francisco, 58. we are wet in santa rosa. 57 concord. we will stay in the 50s tonight because of the cloud cover. south wind ahead of this front. san jose, 53. napa 51. the storm track has not moved. i think it rained the past past couple of days. there was no storm. the parent low up in the gulf of mexico, but a front draped up and down the west coast, we get rainfall tonight. futurecast, i'll stop the clock at 3:00 in the morning when there will be widespread steady rainfall. but it lessens in intensity

8:00 or 9:00. by the afternoon we are dry. thursday, we will represent the only dry day from start to finish that we will have for the entire week. rain is really going to add up from friday through the weekend. rainfall over the next 24 hours, an inch of rain for you in santa rosa, ukiah. hayward one-half an inch of rainfall, san jose, a quarter inch. those storms are lined up. storm number seven gets us friday and saturday. storm eight, monday. what to expect? rain likely. more storms lined up on saturday and monday. fremont 58 tomorrow. vallejo, a wet morning, 60. san francisco, 58. your extended forecast, we dry out. only temporarily thursday. showers friday. rain saturday. showers sunday, rain monday. so the breaks we talked about just 24 hours ago, they are getting smaller and they will be more storms moving in. so we will see perhaps the el niño pattern intensify a bit over the next couple of weeks. hey, we have the superbowl in three weeks. >> oh yeah, that little old

thing. [ laughter ] >> very well may be. coming up, the latest on the trench rescue going on right now in oakland. >> and here are tonight's guests on the late show with ,,,

sometimes we use k-y ultragel to enhance my body's natural moisture so i can get into it a bit quicker. and when i know she's into it, i get into it and... feel the difference with k-y ultragel. news out of oakland. a harrg rescue.. >> we are continuing to follow the breaking news out of oakland. this rescue happening is going on 11 hours now. dozens of emergency crews in oakland trying to free a man who is trapped underground. he has been there since about 12:30 this afternoon. this is at 21st avenue in the trenches. apparently about ten feet deep.

so we will keep monitoring the situation and this rescue effort throughout the night. bring you the latest on kpix5's morning show tomorrow. the giant legend passed away. the 49ers have lost or may have lost one of their potential coaching candidates and the ,,,, ♪ no way. savor an egg mcmuffin any time you like. a fresh cracked egg, canadian bacon and an english muffin with real butter. mcdonald's all day breakfast menu.

atmosphere of st. ignatius d sacred heart right here in n francisco.. the hill >> every city has a high school rivalry right? the hill top getting his standing room only crowd from the bruce mahone classic. the layup cuting the wildcats lead to just three points. there was a thriller. later in the first now, a four- point lead. tramell knocks down the long jumper for si and they hung onto win a nail-biter. 61-60. the first game of the hill top, first quarter, fighting irish. jamare thomas. amare had 28 points. sacred heart ladies beat the wildcats. the 49ers had offered their head coach job to hugh jackson.

he is no longer a candidate for the 49ers job. he had a second interview with the browns today and the source told me that jackson has flown to new york tonight for an interview with the giants tomorrow. sad news from the baseball world. monty irvin passed away at the age of 96. he was the giants first african- american player though he never played in san francisco. he remained active with the team. sharks getting up close and personal with the jets in winnipeg. joe, that is his 27 goal of the season. sharks win 4-1. they are now 14- 6. and two on the road. go figure. having a tough time at the tank. i don't know about you, i need a cocktail. >> after today? >> this is a crazy day. i'll be back on the 49ers beat tomorrow to find out two is

coaching the team. >> it never ends. >> we'll be right back. ,,,,,,,,

[♪] ♪ take the time ♪ in your life ♪ just before ♪ it passes by ♪ then you'll know ♪ to keep it slow ♪ so here we go [♪] ♪ here we go our next newscast is tomorr morning at 4-30. >> the late show with stephen colbert is next. >> we will have the latest on the trench rescue in oakland entering its 11th hour now. >> captions by:caption colorado, llc 800-775-7838 email: comments@captioncolorado.com ,,,

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