led to the resignation of the last police chief greg suhr. questions have also been raised after this video of a nonfatal shooting of sean moore during an argument with police earlier this year went viral, as well. today was the first police shooting under the new chief's watch. >> we try to avoid them as much as we can. we have an obligation to protect the public. >> reporter: the police chief was unable to say how many shots were fired which is always a key question in things like this the question of how police reacted and whether they used proper warnings before they got involved. that's yet to be found out, as well. ken? >> yeah. phil, you mentioned that the police shootings are a sensitive issue. not only in san francisco but all around the bay area right now. the police investigating themselves has also been an issue in san francisco. who is going to take the lead on this one? >> reporter: well, more characters it's going to probably be the police department for this case. but the district attorney has a special unit that's going to be

involved as well, ken, to give outside opinions. but some people say you need a completely independent investigation. but it will probably take longer than most counties with you it's resolved in a couple of months. in san francisco it can take over a year. in cases like this often times witnesses come forward and things can get interesting. in san francisco, phil matier, kpix 5. back to you guys. >> thank you. we are learning more about another officer-involved shooting this one happening in san jose. police say two officers were responding to a family disturbance call last night on mount frazier drive in east san jose when they arrived, they say a man with two knives charged at one of the officers. >> he was actually armed with two knives. one in his right hand that he had raised over his head and one in his left hand and they are described as kitchen knives. the individual during the attack got about three to four

feet from the officer. the officer was able to retreat in time, draw his firearm and struck the suspect at least once. >> the 28-year-old suspect was taken to the hospital, where he died from his wounds this morning. police say the man had a history of criminal threats and had been arrested in the past. a tragedy this morning in the east bay. a teenager riding his bicycle to school struck and killed by a freight train while he was on the railroad tracks. it happened at around 8 a.m. this morning near grant and railroad avenues in san lorenzo. kpix 5's juliette goodrich says the boy was just about a block away from high school. >> reporter: it is heartbreaking. he was just a few blocks away from his high school. he is on the honor roll and the debate team and loved by all. he was just on his way to school when a train struck him from behind and he had no idea. >> he was committed to crossing

the bridge that you see there. and there wasn't room and the train hit him. >> reporter: a heartbreaking reminder of what happened this morning, a 16-year-old's bike left on the train tracks after he was struck. he was on his way to kipp king collegial high school a few blocks away. >> he will be missed. we are all heartbroken. [ crying ] >> reporter: many parents today showed up at the high school and nearby middle school after hearing what happened. not sure who it had happened to. >> 16-year-old. it's sad. >> reporter: the sergeant urges everyone to stay away from train tracks even if the train route to school or wherever saves time. >> parents, talk to your kids. let's not have our kids traverse along the railroad tracks. there's so many reasons why. one is the train. >> reporter: grief counselors were at the school to help students. many students left today with heads down visibly shaken by what happened to one of their

classmates. >> our student was a beloved member of our 11th grade class and our entire school community, he had a big heart. and he was able to build friendships and earn the support and loyalty of everyone around him. [ crying ] >> reporter: and that was so hard for the school principal to talk today but she wanted to talk about the character of one of her students. it's not clear if he was riding his bike across that bridge or if he was walking across it. and we have learned that he may have had earbuds on at the time so he may not have heard the train until it was too late. in san lorenzo, juliette goodrich, kpix 5. a group of uc-santa cruz students has taken over an administration building in a protest that's drawing crowds of supporters outside, as well. kpix 5's devin fehely is there with more. >> reporter: yeah. those student protestors say they were not able to reach an agreement with university

officials. they are apparently no closer to a deal than when their sit- in and protest began more than 24 hours ago. >> reporter: members of uc- santa cruz's african black student university met with university officials as the protest entered the second day. they have taken control of a building overnight. they were joined by dozens of supporters this afternoon. the organizers say they are not happy with the current climate on campus, one they say is unwelcoming, if not hostile to black students. the protestors are demanding that the university buy housing that would be turned into a co- op run by the black student union. they also demand the rosa parks house on campus painted in african colors red green and black and they demand all incoming students to have diversity training that they approve of. >> it's to protect black

students. thank you. stay black. >> reporter: the protestors say they are ready to stay in the hall for another year and plan to meet with the chancellor of the university tomorrow. university officials say the main goal of today's meeting was to ensure that the lines of communication between the student protestors and the university remain open. now, right now, there's no police or security presence at the protest. and no apparent to require them to leave. devin fehely, kpix 5. a highly unusual closing argument made today in the sierra lamar murder trial. the defense attorney channeled a late-night comedian to try to clear his client. our len ramirez was in the courtroom and says, it may have made an impact. >> reporter: defense attorney aloe pescarolo is walking a tightrope with the jury in the sierra lamar case but so far according to with one legal analyst has unusual methods to defend antolin garcia-torres seem to be making a connection with the jury positively. >> the defense did a good job of relating to the jury in what's a very difficult case when you talk about the

kidnapping and murder of a teenager. >> reporter: lopez came up with a david letterman style top ten list for why garcia-torres is not guilty including his calm demeanor, no tools to hide the body, no murder weapon, no witnesses, no crime scene, no cause of death, and that sierra is still a missing person. he repeatedly slammed the prosecutor's case literally piling small balls into what he called a bucket of shame placing one in front of the jury for every piece of evidence he called weak evidence presented as facts. several jurors smiled. >> it has been very folksy and conversational but that's their strategy. i think they have done it effectively and you will see them continue sort of going down this road of just basically leaving it for the jury to say, wait a minute, this trace evidence doesn't add up. >> reporter: the prosecution will get one more chance at rebuttal. the jury will likely get the case to begin deliberations tomorrow afternoon. in san jose, len ramirez, kpix 5. a man accused of murdering

his ex-girlfriend and then barricading himself inside a car for 19 hours in martinez says he is innocent. 38-year-old greg was wearing a yellow jumpsuit as he entered a not guilty plea this morning. he is accused of killing his 47- year-old ex-girlfriend thursday in walnut creek. hours after police say pro copevitz locked himself inside his mercedes outside a gas station in martinez. he refused to give up for 19 hours while threatening to kill himself and others. he finally surrendered when officers blasted the car with tear gas. he will be back in court on may 16. tough questions for fbi director james comey today during his annual review on capitol hill. allen martin is here with the grilling he got. allen. >> reporter: liz, lawmakers pushed comey about investigations into hillary clinton's email server and possible campaign connections between president trump and

russia. >> you may think we're idiots. we're honest people. we make judgments trying to do the right thing. and i believe even in hindsight we made the right decisions. >> reporter: the fbi director said he had two choices, telling congress he was re- opening the investigation into hillary clinton's email server just days ahead of the 2016 presidential election, or the catastrophic choice of staying silent. >> look, this is terrible! it makes me mildly nauseous to think that we might have had some impact on the election. but honestly, it wouldn't change the decision. >> reporter: in the end, no one was happy. clinton claims the decision cost her the election. president trump tweeted that comey, quote, gave her a free pass for her many bad deeds. >> i believed what i said. there was not a prosecutable case there. >> reporter: director comey refused to reveal any more details about the other major investigation from the 2016 election. trump campaign aides colluding with russian officials. >> department of justice authorized me to confirm that it exists.

we are not going to say another word about it until we're done. >> reporter: republicans pushed to find out who revealed the names of trump administration officials caught in foreign surveillance. >> but there should be a record somewhere in our government for a request to unmask regardless of who made the request. >> i think that's right. >> reporter: former national security adviser michael flynn was among the names unmasked. he was forced to resign after the press reported he misled the vice president about phone conversations he had with the russian ambassador. former acting attorney general sally yates was the person who first notified the white house that general flynn had made these misleading statements to the vice president. she is set to testify before congress next week. liz? >> thank you. the house has passed a $1.1 trillion spending bill. this is the first major bipartisan bill from the trump administration. it does not include funding for the border wall and continues to provide funding for planned

parenthood. it also boosts defense spending by $25 billion. the deal will keep the government funded through september. republicans have renewed confidence that they can repeal and replace obamacare. their revised healthcare plan will be up for a vote in the house tomorrow. president trump has guaranteed some funding for those with pre- existing conditions but democrats still fear premiums and deductibles would rise under the gop plan. still ahead, some would-be burglars messed with the wrong guy. coming up, how he served up justice even before police arrived and took the pictures to prove it. >> plus, a plane crash caught on camera. and look what happens next. fireball that two people actually walk away from. >> new plan, no warning. cell phone carriers switching customers to more expensive service without their permission. the companies with the most complaints. ,,,,

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this is a small plane crash in a ball of fire! it was caught on a driver's dashcam yesterday.. north of attle. new video this evening take a look at your screen! this is a small plane crash into a ball of fire. it was caught on a driver's dashcam yesterday north of seattle. you can see the plane clips several power lines there before catching fire and then crashing. from those pictures, it's hard to believe but the pilot and a passenger were not injured. southern california homeowner took matters into his own hands when three teenagers tried to break in. check out the photo. you can see the business end of a gun pointed at the suspects on the ground. a photo was snapped by the homeowner in chino hills. right after he called police. the man's neighbor says he was just trying to protect his wife and children the best way he could. >> they came home from

supermarket or wherever and then i guess they noticed somebody jumped the fence and trying to pry in. and then he's like panic and he have a gun so he do a warning shot. >> in all five teens were arrested for attempted burglary. police are investigating whether they are behind other burglaries in the same neighborhood. talk about right place right time. a bay area firefighter jumped into action to help victims of a car crash while he was on vacation in another state. kpix 5's don ford has his roadside rescue. >> we just passed through kingman. noticed some smoke up ahead but the smoke got thicker and blacker so realized it's probably a car. >> reporter: vacationing paramedics firefighter duffy stumbled upon a fiery crash scene with burning vehicles and victims on the ground he says his reflexes and training kicked in. >> got closer and noticed the man sitting on the ground. definitely burned.

i'm talking third degree to his hands, full burns neck, back, face, head. the big thing was his airway. >> reporter: seen here in the white t-shirt, jj stabilized the man until fully equipped crews from miles away could arrive from kingman. how is he doing? >> i don't know. >> reporter: he says he is nothing special just doing what firefighters do. >> it doesn't matter if it's three a.m., noon during lunch, or, you know, when you're on vacation with family. you just want to help people. >> reporter: don ford, kpix 5. facebook wants to hire 3,000 more workers to fight back against crime posted on the site. new hires will be used to review videos of things like shootings along with posts that talk about crime and other questionable content. videos of crimes often get posted. the company is criticized for

not stopping it. growing number of phone customers are complaining they are being moved to new more expensive plans without their permission. >> consumerwatch reporter julie watts has the story of one man's surprise switch. >> it's in january that i started getting the text messages. >> reporter: and al quickly realized his granddaughter's phone was to blame. but just as he was about to double his family plan's data limit for $10 a month he says the rep offered a better solution. >> she says, i can do something to showdown the data usage and it -- to slow down the data usage and it won't cost. >> reporter: then he got a surprise. >> the plan was changed. repter: at&t switched out to a new mobile share advantage plan which doubled the base price of each line and added fees. when he complained, he said at&t said once you switched you can't go back. >> i didn't authorize the change. >> reporter: he is not alone. we request wireless complaint

data from the fcc regarding switching phone plans without permission. at&t accounts for more than 37% of complaints. verizon at 25%. sprint 22%. t-mobile 15%. >> less than 10% of the people file complaints. >> reporter: this person from a utility watchdog group says it has more than we realize. >> part of the reason for wanting to switch people to new plans is because the phone companies make more money off a customer. >> reporter: but miscommunication may play a role n some cases the rep may be confused, in others the customer may not realize a special promotion or offer may require you switch plans to cash in. at&t said: >> i just felt that i was being handled very poorly. >> reporter: now, after we got involved, at&t did give him a credit and they moved him back

to his old plan with the increased data he initially requested. if you are switched without your permission, the first thing do is call the carrier, and file a complaint with the fcc and california public utilities commission. also get the terms of any new phone plan in writing so you can refer to it later. >> thank you. they are at it again. the squeeze is on at american airlines. the airline shrinking the space between seats in economy class. it will be a tighter fit in all new 737s. the airline is buying from them from boeing. we are talking between up to 2 fewer inches of leg room. if you don't feel like flying now, why not take a summer ski trip to squaw valley? the resort just announced it plans to stay open past the 4th of july for saturday skiing until the snow is gone. it will be squaw's longest season ever. right now it's still operating 7 days a week.

back here in the bay area, it's more like water skiing weather out there. san jose we found kids playing in the fountains. just trying to keep cool. >> reporter: three straight days of 90-degree temperatures in places like walnut creek where we are live tonight. but significant weather changes are coming. the marine layer and weather 25 degrees cooler, not that far away. find out when and for how long coming up. >> and coming up all new at 6:00 tonight, these metering lights could bring relief to one of the bay area's most gridlocked communities. instead, they have been sitting dark for years. we ask why there isn't enough money to turn them on. >> the markets closed mixed today. record heat in parts of the bay area today... ,,

paul deanno is live in walnut creek... with the mobile weather lab. record heat in parts of the bay area today. paul deanno is live in walnut creek with the mobile weather lab. paul. >> reporter: another day in the 90s, guys. i'll tell you what, it's not just the temperatures that are high. if you did not sneeze and you

live in the bay area today, i question whether you're human or not because the allergies are off the charts! and we happened to find ourselves under a numb of beautiful trees but they are doing their thing, the grass pollen, everything is giving us the sneezes and the sniffles and the watery eyes so make sure you take your allergy medication, although we do have some showers in the forecast which may help out with the aler is but the timing not that allergies, but timing not great. temperature records were broken set on this date four years ago. san francisco 82. san jose 91. concord a high today of 94. that's actually your current temperature in concord as of 5:00. still in the 90s. as are you in livermore. san jose is now down to 89 off of that high of 91. santa rosa 86. oakland 79. san francisco high 82 but already down 14 degrees from that currently 68.

overnight tonight, look at the temperature spread which is rare overnight. pacifica 49 degrees and foggy. but 61 in san jose. 59 in fremont and fairfield in the 60s, as well. our ridge of high pressure is going to change flying by california. so some significant weather changes do begin starting tomorrow. futurecast shows by tomorrow morning as early as 5, 6 or 6 a.m., the coast will be foggy and much cooler. by 6:00 in the evening tomorrow, the clouds will begin to push in through the golden gate and over the hills. and friday with a breezier day, it will stay chilly albeit sunnier along the coastline. the fog is returning tonight. tomorrow not as warm but still above average for most of the bay area. friday ... much cooler and quite breezy. everybody falling below normal. look at the highs tomorrow:

>> saturday and sunday an area of low pressure passing by and as it spins to the west and south, there will probably be a few pop-up showers not widespread or heavy but you may get caught in a rain shower this weekend with highs in the 50s and 60s. temperatures rebounding a bit next monday and next tuesday. beautiful main street in downtown walnut creek. it is toasty for a third consecutive day but it not be toasty tomorrow. temperatures taking a tumble as we head toward the weekend. hat's your forecast; we'll be right back. ,,,,,,,,,, ,,,,,,,,

the band is claiming trademark infringement... in connection with one of its most famous songs: rock band the eagles are suing a mexican hotel. the band is claiming trademark frigid in connection with one of their most famous songs. ♪[ music ] >> welcome to the hotel california ... ♪ >> such a lovely place ♪ >> so here's the story. the group's lawyers say that the hotel california todos santos promotes itself as the inspiration for the eagles' 1976 song hotel california. the hotel plays their music, sells their souvenirs but none of the band members have a stake in it. no comment from the owners so far. where you can never leave. ♪[ music ] >> thank you for watching tonight at 5:00. >> the "cbs evening news with scott pelley" is next. ♪[ music ]

captioning sponsored by cbs >> pelley: a bad break in the tuth. a levee can't hold the rising river. droodwaters swallowed this town just after hundreds of residents escaped. >> it's deserted. it's a ghost town. >> pelley: also tonight... >> it make me mildly nauseous to think we might have had an impact on the election. >> pelley: the f.b.i. director reveals for the first time why e made his october surprise genouncement. a haunting image, an american combat photographer's last picture is of her own death. ord keep your eye on the sky. >> reports of a plane and at least two vehicles are on fire. >> pelley: then came the miracle. this is the "cbs evening news" with scott pelley.