doing some exercises getting ready for tonight's game. but in many ways, this colin kaepernick controversy is threatening to overshadow at least the early part of the game. no one knows what's going to happen when kaepernick is out here the stars and stripes go up and the national anthem is played here whether or not he will sit or stand. most people say he will sit. and, um, the reaction from the fans is going to be something to see. >> reporter: from the gas lamp quarter. >> are you going to the game today? >> absolutely. >> what are you expecting out of this? >> chaos. >> reporter: to the parking lot at the stadium. >> one good thing about this great nation of ours is you have the freedom of speech. so i believe that, you know, he is standing up for what he believes in. >> reporter: the anticipation of colin kaepernick's refusal to stand for the national anthem and san diego fans reaction to the protest is headline news and overshadowed the preseason game. >> he is being free. and he is being brave. i mean, it's his -- it's his right as an american to not stand up. >> reporter: san diego is a

strong military town and tonight's preseason game is military appreciation night. although many in the military have taken to social media to support kaepernick's right to protest, police brutality, others like this veteran question kaepernick's motives. >> it's no longer just showing your respect or taking away and trying to stand up for what you believe in. i believe that now you're spitting in the faces of the men and women that actually fought for the right to let you do what you're doing. >> reporter: early in the evening, game time is still -- game time kickoff is around 7 p.m. and so there's still quite a bit of time. no fans are in the stadium at this point. colin kaepernick and the other players here warming up in san diego getting ready for tonight's game. there is going to be a lot of pressure on kaepernick because this is a very strong military town, military appreciation night they are having a lot of color guards and flags and things like that. a lot of people here support the military. we'll see what happens to colin kaepernick if he does decide to sit. reporting live in san diego,

len ramirez, kpix 5. >> len, as you said, this all comes as the chargers hold their annual salute to the military. we're hearing flags will be unfurled. a naval officer will be singing the national anthem. and the leapfrogs will parachute into the stadium. kind of an odd time and place for kaepernick to take this political stand. >> reporter: you never know if he looked ahead at the schedule and decided to do this or if he just, you know, decided, um, at one time last week to do it. but as you mentioned, the timing couldn't be more pressurized for colin kaepernick here in this military town with a lot of former and current military members, a lot of naval basis, things like that. so there is going to be a very large presence and we do expect some sort of reaction from the fans. >> thank you. this all started over how kaepernick acted and now there's drama over what he is wearing. kpix 5's emily turner tells us kap now making a statement through his socks. >> reporter: allen, his socks are a part of the statement

just as much as his refusal to stand up for the anthem and we have learned tonight that those actions have gotten kaepernick the attention of local civil rights leaders as well as the face-to-face meeting with the police officers union. but there are plenty of people still who feel like the field shouldn't go made into a soapbox. first sitting out the national anthem. then wearing socks during practice picturing pigs as policemen. now we have learned that colin kaepernick is taking his campaign against social injustice to church. >> this church has stood for 164 years as a champion of justice, equality, inclusion, and respect for the worth and dignity of all people. that's why we reached out to him. >> reporter: amos brown reached out after kaepernick made his stand by sitting during the anthem. the two have spoken several times and kap will speak to brown's congregation this sunday. brown also says they willing sitting -- they will be sitting down with the san francisco police officers association and

discussing race relations. kaepernick turned to social media today to talk about those socks specifically. he acknowledges that they are a part of his anti-police brutality platform but then says this. i have two uncles and friends who are police officers and work to protect and serve all people. so before these socks are use toddies tract from the real issues, i wanted to address this immediately. there are still people talking about that as well as him and his refusal that stand for the national anthem. we have more coming up. >> thank you. tonight's 49ers-chargers preseason matchup game coverage starts at 6:59 to bring you the national anthem. we are following breaking news out of san francisco. we are getting word of a jail inmate who was released by mistake . 20-year-old victor

rodriguez was released at 10 p.m. last night from san francisco jail. he was charged with making threats against law enforcement, threats were taken seriously. they realized their mistake at 8 a.m. this morning and now a search is under way. we'll have more this ahead at 6:00. an amber alert today and a search for an infant who was taken by a trusted family member. kpix 5's veronica de la cruz joins us from the newsroom with more on how police found the child. veronica. >> reporter: liz, it was the family's grandmother who triggered the amber alert this morning grabbing her 11-month- old grandson. hours later a witness spotted them at a liquor store in san mateo. 11-month-old william brown was cleared by medical personnel at the scene and was reported missing last night at 8 p.m. in san francisco. police arrested his grandmother 44-year-old mrs. haynes at a nearby big lots in redwood city.

police are now returning her to san francisco. at this time it is still unclear why the grandmother took off with her grandson in the first place. thank you. brock turner gets out of jail tomorrow. the former stanford swimmer convicted of sexual assault has been behind bars for just three months. as kpix 5 reporter kiet do says, turner is, um, not walking out of jail a free man. kiet. >> reporter: yeah. getting out of jail after serving half of his six-month sentence. many pitfalls for this young man in the years ahead. if he makes a mistake and is caught, he could very easily wind up back behind bars. when brock turner walks out of jail tomorrow he will be handed back everything he came in with. and once he moves back home to ohio he will have five days to meet his probation officer. kpix 5 legal analyst judge ladoris cordell says it's the beginning of the legal cloud that will hang over turner for the rest of his life. >> once you're caught up in a criminal justice system particularly with formal pro bay, it's hard to get out from

under and you better be perfect. >> reporter: random drug tests, counseling and registering aa sex offender, if he violates any of those conditions he could go to prison. >> my hope is that he takes these conditions very, very seriously. this is not a joke. >> reporter: about registering as a sex offender, he will have to report his address to the local police department once a year or whenever he moves for the rest of his life. his name will appear tonight megan's law website where every potential employer, landlord, neighbor and anyone he is dating can easily see his name and picture forever. >> no. things are not going to be easy. and i just don't want people to lose sight of the fact that, um, while he got a very light jail sentence, i think it was light in my view, he still has these other things and one in particular which is registering as a sex offender. this man is just in his 20s. he is going to be registering for the rest of his life. he is a marked man wherever he goes. >> reporter: and turner is eligible for release at 12:01 a.m.

he is set to walk out the front door here, they will make a game-time decision if it's too crazy, too, dangerous and too much going on with all the protestors, the deputies will whisk him through a secret entrance in the back. live in downtown san jose, kiet do, kpix 5. to the campaign trail now. after a surprise trip to mexico and an intense immigration speech, donald trump is now facing some serious heat!! craig boswell shows us members of the nominee's hispanic advisory council are turning their backs on trump. >> reporter: vice president joe biden stepped in for hillary clinton on the campaign trail thursday and said donald trump doesn't understand the working man. >> this is a guy born with a silver spoon in his mouth that now he is choking on because his foot's in his mouth along with the spoon. >> reporter: also in ohio donald trump stuck to his issues, immigration. >> we're going to build the wall, mexico's going to pay for the wall. >> reporter: after a closed- door meeting with mexican president enrique pena nieto on

wednesday, trump delivered a hard-line speech on the topic in phoenix. >> anyone who has entered the united states illegally is subject to deportation. >> reporter: up to half of trump's hispanic advisory council have quit or say they will quit after listening to his speech. >> there are several individuals immediately after donald trump's speech last night that were just to use their term disgusted. it was the tone, it was the dehumanizing, it was the unrealistic idea of self- deportation. >> reporter: there's also controversy about details of wednesday's meeting. president enrique pena nieto claims he clearly told trump that mexico has no intention of paying for a wall. trump says payment wasn't discussed. >> when he sat down and he looked president pena nieto in the eye he didn't have the guts to bring that up. >> reporter: the clinton campaign now going after trump in arizona, as well. >> when mexico sends us people, they're bringing drugs and crime. >> reporter: the campaign is spending $6 million to air this

ad in the state. craig boswell, cbs news. hurricane hermine is soaking florida's gulf coast. people scrambling to get ready for it. they are boarding up their homes and businesses, stocking up on sandbags. the hurricane is expected to hit overnight and officials say it likely dump more than a foot of rain. let's get right over to kpix 5's chief meteorologist paul deanno. >> hard to imagine but the laws time we had a landfalling hurricane in florida was 2005 with hurricane wilma but here it is that's going to change tonight. a category 1 hurricane hermine will move right into the big bend of florida into georgia and eventually south carolina. lots of rain, lots of wind ahead of it even tampa reporting 21-mile-per-hour wind gusts. panama city 12 miles per hour. here's where the storm is right now. we just got new information, top of the hour. it is now an 80-mile-per-hour storm right at the center of the storm 80-mile-per-hour winds with stronger gusts and it's heading right toward the big bend of florida, landfall expected tonight. it's going to be a big holiday

weekend problem for the eastern seaboard places like raleigh and charleston and norfolk all the way up to new york city, philadelphia, boston, and washington, dc, not the winds, but the rainfall. a tremendous amount of rain heading towards the east coast just in time for the big holiday weekend. that's the latest on hermine. of course, on the east coast, what happened to our weather today? where did the sun go? we'll talk more about that coming up. a major setback for space exploration and silicon valley. >> coming up, new video of a launch pad explosion. why it's bad news for facebook. >> plus, the way your children do their homework could open the door to hackers, a back-to- school alert. >> and the secret way to get a fall favorite at starbucks days before it actually goes on sale. ,, ,,,,,,,,,,,,,,,,

gate bridge... the marin county

t just told us: we have new information on our breaking news now. this boat rescue happening near the golden gate bridge. the marin county sheriff's department is telling us all the passengers have been accounted for. chopper 5 is obviously there giving us a better idea of what's going on. you can see the fishing boat has pretty much gone aground here. the fishing boat had 15 people on board. the captain had notified the coast guard he apparently hit some rocks near the shore there and curvey cove just west of the bridge and that the boat was taking on water. people are on the beach. some of the rescue craft in the water around the fishing boat. the coast guard, marin county sheriff's department, sent all those boats to the area to help out. but again, the marin county sheriff's department has just said that all of the passengers, 15 people on board, have been accounted for. and nobody has been hurt. a fiery mess in florida today. watch as spacex's falcon 9

rocket burst into flames at cape canaveral launch pad. jamie yuccas reports, this is a huge blow for the space industry and for facebook reporter: a test firing for spacex's falcon 9 rocket end naddis as instruments explosion at cape canaveral. it was hauling an israeli communication satellite. facebook planned to use it to expand internet access into africa. >> it was a major loss for the other than. a moss-6 communicationsof the amos-6 communication satellite that was $1.5 million. >> reporter: it said there were no injuries. the blast was felt miles away and billows of smoke poured into the sky. >> vehicle on course on track. >> reporter: the falcon 9 has experienced problems before. one rocket exploded on liftoff in 2015 and a failed landing this year. the commercial space company is

a critical partner for nasa. it carries supplies and equipment to the international space station. >> nasa has a $1.6 billion contract with spacex to launch dragon cargo slips to the international space station. >> reporter: spacex says the reusable falcon 9 rocket along with the dragon spacecraft are designed to transport humans into space and those flights were scheduled next year. it's unclear how today's explosion will affect the flight schedule. jamie yuccas, cbs news, new york. >> facebook's ceo mark zuckerberg said we are disappointed by the loss but remain committed to our mission of connecting people to the internet around the world. san jose police took down 7 men suspected of running a burglary crew. police have been tracking them for the last year as part of operation cruise control. police say that these men are responsible for more than 200 residential burglaries in san jose and nearby communities. officers seized large amounts of cash, a firearm, burglary tools, ski masks.

they are still looking for two of the suspects. new at 5:00 the teen at the center of a sex scandal involving bay area police officers is now in jail in florida. 19-year-old celeste guap is accused of attacking security guards on monday at a drug rehab center. she allegedly bit a security guard on his forearm. guap faces a charge of aggravated battery and is being held on $300,000 bail. guap has said she had sex with about 30 officers most from the oakland police department. the charge against her probably means she is stuck in florida for the time being. she is yet to be assigned a lawyer. and this evening a back-to- school wi-fi warning for parents. consumerwatch reporter julie watts on how what your kids do on their gadgets can affect your devices at home. >> reporter: as kids head back to school the devices in hand parents are faced with concerns. >> texting and driving.

>> stranger danger. i think the same thing we grew up just wandering outside with kids in the '80s applies to the world of the internet. >> reporter: tony of a security company agrees. >> this generation of children the internet is like breathing but they should be cautious. >> reporter: a survey found most parents believe their kids will spend more time on their devices this school year and they are more likely to take security risks like hopping on public wi-fi. >> information our kids are sharing they are on social media accounts they have email and suddenly on public wi-fi somebody is sitting there sniffing that. >> reporter: providing valuable information to potential identity theft and predators. that's not the only risk on the public wi-fi. >> malware. >> reporter: he explains hackers can download malware on your kids' device by unencrypted networks which may allow them to access the personal information and steal identities. and what ends up on your kids' device can follow them home and affect yours at your home computer and network.

>> that malware could get on your devices at home. >> reporter: how do you protect the devices? abg recommends antivirus software on every device. and tony says education is key. make sure your kids know not to click on email or text links and warn them about public wi- fi risks. >> life is too short to worry about your kid bringing home a virus on the computer. i'm more worried about other problems they will bring home. >> reporter: while the security company sells antivirus software they commonly recommend protection on all devices. consider a vpn, virtual private network which encrypts your data on public networks. they are recommended for people who use public wi-fi on planes or in hotels but abg points out a vpn on your kids' device may prevent you from monitoring their activities. julie watts, kpix 5. a brush fire forces evacuations this afternoon near morgan hill. the flames are burning on a hillside above oak glen avenue

near the chesbro reservoir. people are told to evacuate. the fire is 30% contained and burned 35 acres. welcome to september. the weather change today was much, much cooler. we typically get warmer. up to 12 degrees cooler today. when will we finally warm up? i'll let you know when we may see some 90s returning next. >> and coming up all new at 6:00 tonight, a veteran long time 49er fan calls kaepernick's national anthem protest a slap in the face. he's now asking for the team to return the brick he donated to levi's stadium. his call to action to fellow veterans. >> and a quick programming note. due to 49ers preseason football right here on kpix 5, cbs prime time will air on kbcw 44/cable 12. ,,

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he september 1 and it actually got chillier than

august. stronger onshore flow lots of cloud cover and you barely squeezed above 60 degrees in san francisco today. cloudy at the beach where it's 58. oakland 64. livermore you're cool, as well. 74 degrees. concord 78. the warm spot, santa rosa 80 degrees. that said we are heading toward a holiday weekend which will be very nice to get outside. one popular spot will be sausalito, the art festival saturday, sunday, monday, mid- to upper 60s. i love this in pleasanton. the scottish gathering in games. it will be fun. 80 degrees this weekend saturday and sunday in pleasanton with mainly sunny skies but notice even inland spots are barely making it into the 80s. that onshore flow is going to be with us for a while. overnight tonight, cloudy again. fremont 57 for you. san jose 58. livermore 56. san francisco you're low tonight 55 degrees. sunrise 6:41. what will san jose look like tomorrow? you will get the sunshine back. futurecast says cloud cover in the morning, blue sky in the afternoon. and by 2:00 or 3:00 you will

cross the 80-degree threshold. should be a beautiful day in the santa clara valley coming up tomorrow. and futurecast says we are going to stay cooler than average. that low pressure area to our north which has been firing up the onshore flow you felt it outside today it's going to be with us saturday and sunday and monday. temperatures running anywhere from 3 to 8 degrees cooler than what's normal for early september. that translates to a lot of 70s tomorrow. vallejo 78, fremont 75, mountain view 76, redwood city 76. a fair amount of 80s away from the water. warmer tomorrow in livermore. 85. napa 82. santa rosa 84. san jose 81 degrees. but still the 60s at the beach. extended forecast across the board through labor day, 80s away from the water. below average. 60s, 70s near the bay. and low 70s at the coast. the one change we'll see a few isolated low 90s inland by tuesday but it's not region- wide but because we are not going to warm up 2 or 3 degrees near san francisco bay. so we are staying cool but pleasant through the holiday weekend. we'll be right back. ,, ,,,,,,,,,,,,,,,,

starbucks' "pumpkin spice latte" officially makes a comeback next tuesday. but you can get it now... if number and sign it's a treat people wait all year for. starbucks' pumpkin spice latte officially makes its comeback next tuesday. already? but you can get it now if you provide a phone number and sign up for the psl fan pass online. starbucks is also spicing up its fall drink line-up with a new chili mocha. the hot coffee drink is topped with cayenne, ancho chili,

paprika, cinnamon, sea salt and sugar. get it starting tuesday. facebook is enhancing your social connections by adding instant video lose it its messenger chat. it allows you to add a recorded video of whatever you want to the person you're texting without having to make the conversation face to face. one last check our breaking news story near the golden gate bridge. 15 people have been rescued from this fishing boat after it apparently hit the rocks. now, late this afternoons the captain radioed for help and reported the vessel was taking on water. the boat did make it to kirby cove and you can see the people on the shore. and, um, those are presumably some of the passengers. not clear if they had to be taken there by boat or whether they had to jump off the fishing boat into the water to get to shore. but we are told they are all safe and accounted for. we'll have more on the story coming up at 6:00. >> that's it for kpix 5 news at

5:00. up next, maurice dubois fills in for scott pelley on the "cbs evening news." captions by: caption colorado comments@captioncolorado.com captioning sponsored by cbs me ♪ >> dubois: here comes hermine. it's now a hurricane threatening to become the first to make landfall in florida in more than a decade. also tonight, donald trump's softer stand on illegal immigration hardens again. >> anyone who has entered the united states illegally is subject to deportation. >> dubois: what goes up goes down in flames. an embarrassing setback for the private space flight industry. and a pro football player's refusal to stand for the national anthem angers military saterans. ve if he's not for our country and the united states flag, get out of my country.