thousands of homes and businesses in the north bay during a red flag warning earlier this month. now firefighters are staying especially vigilant right now, creating a huge risk for the north bay and east bay hills. crews are stationed around the area. kpix 5 maria medina is live at mt. diablo where winds have been gusty, maria? >> yeah, the sign is up there. a high fire danger. you can see why. the hills out here, they are dry. one spark and it could be disastrous. california park rangers clear out dry brush and fuel on a normal basis here on mt. diablo. but today they say they are working even harder because of the red flag warning. >> there is still plenty of dry fuel out there. >> reporter: contra costa firefighters say on top of their normal resources they have created a new task force. positioning fire crews in areas they believe are at high risk of going up in flames.

the tactic is called repositioning. >> with prepositioning, we can put the resources to where they could fight the fire before it starts and get the jump on it, unlike what has happened historically throughout the wec additional resources. >> reporter: today's weather, low humidity and strong are gusts are creating a perfect recipe for a disaster. in the north bay and east bay hills. with the greatest threat according to the national weather service, in the napa county hills and areas around mt. st. helena. >> there's a greater supply of oxygen to a fire on a windy day than a still day. think of a blow torch. >> and another example of just how dry it is out here, this is the brush out here all over these hills, firefighters say any fire out here would spread quickly. live in mt. diablo, kpix.com, kpix 5. >> we've seen a lot of disturbing things on bart. this is a new one.

he didn't get far once he got off the train. 47-year-old patrick bingham was arrested in oakland. juliette goodrich is there now with new details including the suspect's threats to fellow riders. juliette? >> reporter: the chain saw wielding suspect was arrested here at the lake merritt station. bart has never seen anything like this before. i'm referring to this man wielding two chain saws, threatening passengers on the bart train. >> i thought it was serious and that is why i started recording. >> reporter: this video was posted on twitter by a passenger. >> he did say a couple of things. he said it's the texas chain saw massacre and then he says i'm the bart massacre like he would say something on that and that kind of had me scared. >> the man, 47-year-old patrick bingham picked up a red chain saw, flicked the switch and started yelling threatening comments. you can hear it on this twitter post.

then you can see him open the second box, which contained another chain saw. bart police responded to the tweets and said they received a number of calls about the man on the chain holding chain saws. then bart police responded in person. he's now behind bars facing a number of charges including carrying a deadly weapon. shoplifting and drug possession. we've also learned he had an outstanding arrest warrant. be in court tomorrow morning. in oakland juliette goodrich, kpix 5. a man is in custody after allegedly pointing a gun at some drivers along 880 in oakland this morning. chopper 5 was over the scene this afternoon when the suspect's van was cleared from the scene finally. police pulled up with weapons drawn and they found a bb gun tucked in his waistband. as you can see it looks like a real handgun, no shots were fired from it. the suspect told police he had it for protection. after his car broke down.

the man is now undergoing a mental evaluation. an investigation is underway right now after a 3- year-old boy was shot in east oakland. this happened last night inside a home on roblado drive. police are not releasing a lot of details on this. mayor libby schaaf says officers found an unsecured firearm inside the house. the 3-year-old is still in the hospital at this hour with life threatening injuries. the president and first lady in pittsburgh right now paying their respects to the victims of saturday's mass shooting at the tree of life synagogue. mr. and mrs. trump visited the makeshift memorial for the 11 people gunned down during worship. laying roses and stones from the white house and in memory of the victims with the first funerals getting underway today. some local leaders urged the president to stay away. those requests were echoed by protesters. >> you can't preach hate and then be surprised when people,

irrational people take your hatred to heart and act on it. >> hundreds of protesters greeted the president singing songs in hebrew and holding signs like jewish lives matter and build bridges, not walls. >> launching a new debate across the country involving his plan to end birthright citizenship. cbs reporter angelica alvarez on his plan and the pushback from his own party. >> reporter: in a taped interview with axios, president donald trump says he wants to sign an executive order to do away with birthright u.s. citizenship for children of non- citizens and unauthorized immigrants. >> how ridiculous? we're the only country in the world where a person will come in and have a baby and the person is essentially a citizen for 85 years with all the benefits. >> reporter: birthright citizenship is in theth amendment of the constitution, which states all persons born or naturalized in the u.s. are citizens.

that constitutional guarantee has been brought on by partisan opposition to the president's plan. >> the republican house speaker paul ryan mocked at the president's plan. >> that means you can't do something like this via executive order. >> reporter: nancy pelosi echoed that in a statement saying the president does not have the power to erase parts of the constitution. vice president mike pence hinted the issue could be decided by the courts. >> the supreme court of the united states has never ruled on whether or not the language of the 14th amendment subject to the jurisdiction thereof applies specifically to people who are in the country illegally. >> reporter: the department of defense is deploying more than 5,000 active duty soldiers to the border as thousands of refugees are making their way from central america through mexico and eventually to the u.s. the armed troops are expected to play a supporting role to u.s. border patrol agents and will not have the authority to detain immigrants.

angelica alvarez, cbs news, the white house. >> some lawmakers including speaker ryan have said only an act of congress could change birthright citizenship. we are asking, do you agree with president trump's idea to end birthright citizenship? go to our website on kpix.com, the facebook page first to weigh in and right now 70% are saying no to the president's plan. 30% are saying yes. right now the candidates for california governor will hash things out over a little breakfast at an event put on by willy brown. melissa caen, you went to the breakfast? >> so excited, yes. it is always a great event, every other year, full of politicos, lawyers, consultants. it's great. today both candidates talksound they were describing different places. the republicans paint add grim picture of a state where people are struggling. the democrats say california is booming and still a leader in

america and the world. >> i've had so me that they ha dream of being able to buy their own home. three million news jobs in the state of california since governor brown took the oath of office. we've got jobs, we've got jobs, people are working two, three jobs to make a go of it at this state. consider california's average gdp growth over the last four years is 3.7%. eat your heart out, texas. eat your heart out donald trump. >> reporter: the candidates for governor painted two very pictures of california. >> the future happened here first. where america has become an attraction. >> for newsom it's a bright future. >> all of you self-medicating every night with a glass of chardonnay, watching rachel maddow, a lot of you.

all that fear and anxiety. we're going to be fine. we will be fine. >> reporter: john cox says he loves california too, but there are problems here that will not go away as long as the same people are in charge. >> the status quo is the status quo because somebody likes it that way. >> reporter: he said as governor, he will go after groups with too much power in sacramento. >> we have got to take the special interest out of power if we are going to get the reforms in education, affordability, housing, water, all the things that we want to have done. >> reporter: both agree the california dream is out of reach for many californians. >> because this is coming out on my opponent. that dream could not be realized with so many people that are struggling. >> after the event, each of the men left and then set off on their own bus tour. with one week until election day, they're each crossing the state trying to get every last

vote. melissa caen, kpix it >> it appears to be an -- an octopus invasion. could the most notorious gangster found dead in prison, the murder investigation deep inside the concrete walls. and a pretty creepy way to get into the holiday spirit. how you can take a behind-the- scenes tour of a bay area coroner's office.

ocean beach right there, a little further south, a bizarre discovery in the dark depths of monterey bay. marine scientists have discovered more than a thousand octopuses. that's right, clinging to an

underwater volcano. who knew. the area is 75 miles offshore a part of the marine sanctuary. len ramirez says what's interesting is what the creatures appear to be doing. take a look. >> reporter: this team of researchers set out to explore a dormant undersea volcano on the southern edge of the national marine sanctuary. they ended up sending back incredible pictures of something never before seen by human eyes. >> and a lot of eggs. >> reporter: you can hear the excitement of the voices on the research team laying eyes for the first time on a vast deep water octopus nesting site. thousands of the almost glowing creatures could be seen including being flipped upside down, guarding their eggs. >> yes, gentlemen -- gently. they were on board a research vessel, capturing these images.

>> this is an event that's never been seen before. not this many people water octopus breeding on eggs on this depth of water 12,000 feet down. >> reporter: the team was on a mission to explore the davidson sea mount, about 75 miles west of the castle. they seem to be nesting along fishers in the rocks, leading to speculation they might be getting extra warmth there. >> what is apparently happening there, you've got some warmer water seeping up out of the sub strait there. that was not expected there at all because it has been dormant for 9.7 million years. >> reporter: females can sit on their eggs for four years before they can hatch. it might cut their birthing time. the location where the research team was exploring was only recently added to the protected area. because of the status now as a sanctuary, it will receive federal environmental protections. in monterey, len ramirez, kpix 5.

and a notorious boston mobster has been killed in a west virginia prison. 89-year-old james whitey bulger was reportedly beaten to death by other inmates. prison officials say he was found dead this morning, one day after being transferred from a florida prison. bulger was serving a life sentence for a litany of crimes including playing a role in at least 11 murders. bulger was also an fbi informant for several years, and gave up information that led to the arrests of other powerful mobsters. after years without a major update, apple released its new and improved macbook air. the new device debuted today. it's apple's thinnest computer yet. every part has been redesigned including the new retina display. apple has already taken preorders. it starts at $1,200. the bay area is known for its technological innovations, but nothing may beat this.

60 years ago more than a million viewers watched a major milestone on tv. kpix 5, a team of surgeons, and this little boy from oakland all made history. >> it was on the leading edge of surgical medicine. nothing like it happened in san francisco television. >> to save a boy the event that captured the bay area will join us for that story tonight at 11:00. well, it could be the most morbid way of all to celebrate all hallows eve. they could now check out a behind-the-scenes tour of a bay area's coroner's office. yeah, take a look. tours were given throughout the day at the san mateo county coroner's office. the agency puts on the event every year. this year's theme is pirates. >> and so it is set up like a pirate's ship. but what they will see is how we do the dna analysis,

firearms, drug testing, analysis. then at the end they could solve a crime scene. >> who knew there would be a theme. pirates. kids also took part in numerous hands-on activities throughout tour. >> for those who would rather knock on your neighbor's door and get some candy may be a little tamed for the kids. weather will be pretty okay. we will talk about the forecast for halloween, the first several days of november, and hey, we need some rain around here to get rid of this fire danger. will there be any? your forecast is next. all new at 6:00 tonight, the green light to start testing driver's license cars. the bay area cities that'll be sharing the road. but first markets are bouncing back a bit. here's a look at the closing numbers from wall street. "look what she's accomplished...

she authored the ban on assault weapons... pushed the desert protection act through congress, and steered billions of federal dollars to california projects

such as subway construction and wildfire restoration." "she... played an important role in fighting off ...trump's efforts to kill the affordable care act." california news papers endorse dianne feinstein for us senate. california values senator dianne feinstein

a lot of participants and kids are happy that tomorrow will be dry and really nice outside for halloween. >> it's an interesting quirk about bay area weather. of the past 10 halloweens, five have had rainfall. >> we always get a little bit of rain. it seems like it never ends. >> or it is cold. >> this year all bets are off, everything is going to be just fine to get outside for halloween. then we get to november and it's like okay, let's get some rain in here. mother nature has other plans. let's take a peek outdoors for the current temperature. a lot of 70s out there. take away the fire danger, which is in the hills and the mountains, and it's a pleasant afternoon to get outside.

final tuesday of october, 78 in concord. 77 in santa rosa, 75 in livermore. we'll be mild tonight. upper 40s to the lower 50s. napa 42. san francisco 46. fremont tonight 51 degrees. halloween, ghostly clear. you see what we did there? ghostly clear and cool. it will be cool once the gun doze down. 50s and 60s throughout the bay area. your micro climate forecast, mystery house in san jose and it whether a treat for your kids tomorrow, getting sun thrown. first day of november it'll hit 80 in san jose. we saw this about four, five years ago, we didn't get a drop of rain in the month of january. let us hope we don't repeat that. but this will be a big strong blocking ridge of high the f al the periphery of it. none of us having a chance staying well to the north, centered off the west. the offshore winds will continue even when they go down tomorrow. we will still be warm, dry,

sunny. look at futurecast, maybe more importantly tomorrow evening. we are cloud free throughout the bay area. so no worries about the precipitation tomorrow. clouds will begin to buildoff shore staying sunny and dry. now this ridge, we are looking at saturday four days from now. if anything it's getting closer to us, a stubborn ridge because it may hold on to the west for about ton straight days, we will not see one drop here in the bay area. 80s tomorrow, san rafael -- san jose as i mentioned 78. 70s also for redwood city. mountainview, fremont, san francisco, halloween, 72 degrees. warmer on thursday. not much of a change, but it won't be as warm on friday through the weekend. remember we'll get an extra hour of sleep. saturday night we'll fall back, but it won't feel like fall. we'll stay in the 70s and the 80s with sunshine. that's your forecast. we'll be right back.

california's public schools rank 44th in the nation. 44th. i'm marshall tuck, i'm a public-school parent, and i know we can do better. in the public schools i led, we got more funding into our classrooms, supported our teachers, and we raised graduation rates by 60%. that's why president obama's education secretary endorses me. we've done it before. now, let's do it for every public-school student in california. i'm marshall tuck. i'm running for state superintendent.

the cbs evening news is next. >> ier -- jeff glor is here with the preview. >> up next on the cbs evening news, we're at the prison where notorious mobster was murdered. the story of the first husband and wife b-2 bomber pilots. thank you for watching tonight at 5:00. >> ahead at 6:00, bids drying up for organic -- businesses

drying up for organic dairy farmers. back in 30 seconds with that.

♪ ♪ captioning sponsored by cbs >> glor: on the "cbs evening news" this tuesday, the president mourns shooting victims in a controversial trip to pittsburgh. he also claims he has a plan to revoke birthright citizenship. and, notorious mob boss whitey bulger is beaten to death in prison. but first, the headlines in 60 seconds. >> president trump is reportedly looking at doing away with birthright citizenship. >> now they're saying i can do it just with an executive order. >> the republican house speaker paul ryan balked at the president's plan. >> this coming as the pentagon moves to deploy some 5,200 troops to the u.s.-mexico