a live from the bay area studios. this is kpix 5 news . breaking news at the top of 3:00. fate tried to clear out people's park to build housing. but protesters have other plans.

a new drug policy in san francisco. the district attorney says she's cracking down. president buying listened to abortion access. we have reaction to the first real test of abortion in the hands of voters. good afternoon. we start with breaking news at 3:00. a plan to clear people's park for new housing is now on hold. protesters are not having it. max darrell is out there live with the latest. hi, max. >> reporter: this morning fences were all around people's park just like this one right here. throughout the afternoon they have come down. protesters took them down putting construction on pause for the student housing project here in berkeley. the scene of the protest. protesters made their way into the park and stopped the work e this began early this morning

when police in the city started to clear unhoused people from the park so construction crews could remove trees and start to dismantle people's park. last week, a judge ruled the university could move forward with his plan to build student housing here. the crowd begin to grow throughout the day. we still broke with protesters who made their way into the park before the fences came down. >> it hurts a lot that they are making this park, and taking away from us. >> we will not let this be taken away from us. >> reporter: tensions grew throughout the day. there were multiple arrests, and some protesters clashed with law enforcement at times. the university spokesperson said there was a scuffle on the part perimeter are one point. when officer is hurt but we expect he will be okay. the university pull the plug on the project the day at least out of concern for the construction worker safety. you can see the fences are down behind us. there are still some demonstrators in the park.

a spokesperson says they plan to assess the product and the construction needs in the coming days to figure out a best way to move forward with what he called and urgently needed student housing project. we will have another update of 5:00. max darrell, kpix 5. san francisco's new district it attorney has a crackdown on drug sales in the city. atom of it has details. she's really going after the person she replaced, the former d.a. and his approach. >> she is criticizing him. she says he made no fentanyl convictions during his time as district attorney. and she says she has taken a completely different approach to this issue. she says anybody found with more than five grams of fentanyl no longer be referred to, what's known as, community court. more of a social service than a criminal court. she says that practice was

being abused. dinkins said her office was enhancements for anyone found selling fentanyl within 1000 feet of a school. >> open-air drug markets, they have ravaged our city, especially neighborhoods like the tenderloin and south of market. we cannot stand by while these neighborhoods continue to suffer with violence and drug dealing happening openly on their streets. we also cannot continue to stand by while people continue to die on our streets. we have to make changes now to save lives. >> reporter: she said she wants to disrupt the system that has been allowing this to go on for years and even decades. that is a tall order. she also says since 2020, more than 1500 people have died from overdoses on the streets of san francisco. most of them from fentanyl. >> thank you for staying on top of this problem.

paul pelosi just entered a not guilty plea to dui charges. in may he was taken into custody after he allegedly drove his porsche into the path of an oncoming jeep. the crash injured the man from calistoga. since the case is so high profile and politically charged, the napa county d.a. says she is frustrated with inappropriate calls coming to her office. >> i think i find it disruptive in the office. i've been receiving thousands of calls and emails. staff have been told they will hang from trees. and these are 80 of the most dedicated public servants in napa county. and they are being treated in a way that is beneath them. >> paul pelosi did not appear in court today, and he is not being held in custody. he's due back in court on august 23rd. the house speaker is headed to south korea and japan. for the next stop of her visit to asia, this after a

controversial stop in taiwan that made news. the speaker made the trip despite threats of retaliation from china which considers taiwan part of china. pelosi says america's determination to preserve democracy remains ironclad. >> we want to always have freedom with security, and we are not backing away from that. >> the speaker's presence in taiwan serve to boost public confidence in the strength of our democracy. >> the speaker stressed the trip does not contradict long- standing u.s. policy towards taiwan and china, china's foreign minister called the visited a farce and said the u.s. is infringing on china's sovereignty. china launched military exercises in response with beijing calling it a deterrent to what they are saying is separatist forces in taiwan.

>> we urge the chinese to look for opportunities to de- escalate tensions, and to keep the lines of communication open. >> biden ministrations the u.s. expects china to continue to react economically and with more military drills. today president biden signed an executive order aimed at protecting abortion rights in our country. this is happening for the second time since the supreme court overturned roe verses wade. natalie brand looks at what this means to you, moving forward. >> reporter: during the first meeting of the white house task force on reproductive healthcare, president biden touted a new executive order to support patients traveling out of state for care. >> i'm committed to the american people. we are doing everything in our power to safeguard access to healthcare, including the right to choose that women had under roe v. wade. >> reporter: the secretary of health and human services is considering action to advance access to reproductive health care services, including through medicaid, improve

research on maternal health outcomes, and ensure health providers comply with federal law, which could include technical assistance for doctors who may be confused in the wake of the supreme court decision to overturn roe verses wade as they navigate new restrictions. the president has urged congress to codify roe v. wade into federal law, pointing to tuesday's vote in kansas as an example of public sentiment towards abortion rights. crowds at this election night party in kansas erupted into cheers after learning voters rejected a measure to of remove abortion rights from the state constitution. >> this is a clear indication of where voters in kansas are on this issue. >> reporter: the group claimed victory in the historically red state during the first real test of abortion rights on the ballot since roe was overturned. >> i would not have voted that way if i were a kansas voter. >> reporter: is a similar measure is on the ballot in kentucky, while adding abortion

protections to the state constitution are on the ballot in vermont and california. natalie brand, cbs news, capitol hill. struck another story you are talking to us about is the monkeypox outbreak in response. the health department ran out of walk in vaccines, and get this, they ran out about 20 minutes after opening their doors this mornin00. atclic ll rrow. we know the demand for the monkeypox vaccine, all over the country, and in san francisco, is outpacing supplies. so we wanted to show you the nationwide picture on the outbreak. you can see just how fast is growing. so far, there have been more than 6300 reported monkeypox cases across 48 states. california, new york and illinois, as a result this cleared state of emergency to fight the virus. from monkeypox to your money. positive news on wall street today. you see smiles. they are real

because docs reversed what has been a two day slide things to good earnings. new academic date is coming in pick here's are played out for your many. the doubt search 416 points, and the nasdaq was up 319, and s&p gained about 64. shares of manilow park-based robin hood were up 11% after the online brokerage announced major layoffs. robin hood is cutting another 23% of staff, months after a 9% cut. the latest move will affect about 780 employees. the ceo says inflation and the cryptocurrency crash reduced the company trading activity and the asset it manages. struck another boom, airbnb happy today. the san francisco-based company said it confirmed nearly 104 million bookings during the three riod inun that's anete and a 24% hike for the same time

period in 2019. still ahead on kpix 5 news , new details of an alleged beating via bay area police officer and what's next in the case, as we asked the questions. the tri-valley will introduce you to an unlikely pair. how these two goes seniors are helping their neighbors as the fix-it guys struck a couple of showers tried to make a run through the north bay, otherwise we have thunderstorms in the high sierra for years, california's non-gaming tribes have been left in the dust.

wealthy tribes with big casinos make billions, while small tribes struggle in poverty. prop 27 a gamange 27 taxes andulates onlipotod prop 27 a gamange sotion to homelessness. vote yes on 27.

ultimate 3:00, minutes ago richmond police released new details and graphic video of an alleged beating of a suspect by one of their own. the police chief fired officer eric smith jr. yesterday. the d.a. has charged him with felony assault with a deadly weapon. the video you are about to see is difficult to watch. it might be triggering to some, but we thought it was important to show you what we've got here. this happened back in april at about 1:00 in the morning. what you are looking at his body camera video of officer smith trying to arrest 33-year- old mendoza jr. after he was seen speeding and collided with other vehicles on san pablo avenue. you can see there was a brief case and struggle. officer smith is shown on surveillance video in his body camera beating mendoza 35 time pick you see him hit, after hit, after hit with a stun gun.

the police chief apologized today to mendoza and the community for cesmac officer ith his behavior deviated from our training and will not be tolerated. i expect more from our officers and hold all members of our department accountable for exceuse of force. of condpaic i know the actions of this officer further erode the trust between law enforcement and the community. i also know this officer's actions are not representative of our department, or our profession. >> ec punch after punch. that is another vantage point. after the incident officer smith told his supervisor mendoza resisted arrest and he had warned him to put his hand behind his head. mendoza do not comply. however, the video shows a different picture. we will have more tonight on later newscast. in a we can have, 49ers

faithful, we know you are among them, or get the first look at the new starting quarterback. while offense has been the focus lately, do not get the defense pick charlie walters shows you why in our red and gold report. >> reporter: if the term, redshirt rookie, was a thing in the nfl, that's what trey vance would be considered. the 22-year-old has little experience, but he does have defensive end nick both a and that side of the ball to alleviate pressure to be perfect. he told him to not make mistakes, and the defense will take care of the rest. should be one of the best units in the nfl with a cornerback whose assigned this off-season to help improve the secondary. kyle shanahan partes praise that group and no praise needed for fred warner. he leads the linebacking group. simply put, the defense is loaded. they are ready to start hitting.

>> everybody is on edge because everybody knows how great we could be. >> we go against the best defense in the league every day. they carried us to the championship last year. >> the super bowl is a long way away, but there are expectations.'s >> reporter: with the red and gold report, i'm charlie walter. just nine days left until the point i just kick up the preseason , friday august 12th, against the package. special coverage on kpix 5 as we are the preseason partner and your community station. retired salesman and a nuclear physicist might seem like an unlikely pair. at pleasanton retirement home, they teamed up as the fix-it guys. we have their story. >> reporter: the first rule of the wood shop at stoneridge creek retirement, is clean up your sawdust. >> we are about a third of the way through this project. >> reporter: up to 79,201

residents, only two are known as the fix-it guys. 8-year-old rick levesque, and 95-year-old feel meyer. when rick and his wife moved in after a 40 year career in nuclear physics at the national laboratory, he needed a hobby and fast. >> after twiddling my thumbs, for a few weeks, i said i've got to do something because i'm going nuts. >> reporter: after building a desk and a model wooden ship, rick found himself in the wood shop five hours a day, seven days a week, just to get off the sofa. he and phil carved out a niche as the fix-it guys, for the residents of stoneridge creek. >> so it's a continuum of furniture pieces, broken lamps, and all kinds of crazy things that are broken coming into this shot. we have built a reputation with the residents, if it's broken, bring it to the shop and we

will fix anything. >> reporter: the craziest thing we fix? >> one of them was a gentleman 's dentures. no joke. whatever you need. he pulls out his upper palate, and he says, my dentist has not been able to fix the burner on this tooth, and it's causing an ulcer. >> reporter: the work is a secondary priority two marjorie. >> i don't know what i would've done without this. >> we can fix anything in this shot but a broken heart. they are harder to fi >> reporter: andria borba, kpix 5 news . we have our forecast with paul heggen. something tells me a little duct tape and sawdust they could even fix the weather when we needed. >> maybe they could bring us some rain. without the clouds'slot we pop up storms of the high sierra and clouds

across the state. fortunately, no additional thunderstorm activity in the vicinity of the mckinney fire. that remains a possibility this evening. looks at the amount of moisture on future cash showing up in brighter colors on the map. plenty over northern california and the remnants of hurricane ranked feeding moisture toward this. the good news, towards the weekend, the moisture will decrease. bright colors disappear, and we will back to normal humidity levels and amounts of water in the atmosphere overhead as we go towards the weekend. a potential for pop-up thunderstorms tomorrow afternoon over the high sierra, and we will see that activity friday afternoon. northern california not quite as much activity. around the mckinney fire, while any rain would be mostly welcome, they had some mudslide issues yesterday. we do not want a repeat of that. we will see the back-and-forth fog pattern. you can see the tops of the thunderstorms of

the high sierra. are temperatures are all over the place from the 60s and 70s around the bay to the 80s and 90s further inland. 65 the cool spot in the city. if you're going to the seascape, there is a game against the dodgers. it will be breezy with passing clouds but temperature should be comfortable by early august standards. the far will begin the day tomorrow. will back up out of the valley quickly. visibility around the bay should be improving by late morning. the fog box out by lunch time at the latest. temperatures tonight dropping into a mix of 50s and 60s. very similar to the temperatures we have had this week. ones that maginnis decreases later this week, i think we will see cooler overnight lows. we are looking forward to that as we move towards the weekend. temperatures a degree or two above normal. 60s and 70s near the water.

further inland closer to 4 or 5 above normal. upper 80s in the santa clara valley. low to mid 90s inland and the east bay. the 100 degrees and we will take that in august. tomorrow is the warmest day in the 7-day for. average temperatures across the board by friday, saturday, and sunday. this pattern will continue into the first half of next week. other than passing clouds tomorrow, we will see any of sunshine with sunny skies sunday through the middle of next week. thank you so much. still ahead, happy birthday tony bennet.

we are recognizing a first for hollywood in the film academy, janet yang is the new president of the academy of motion picture arts and sciences. she is the first asian-american to leave the group. her work includes, over the

moon, and the joy luck club, and the people versus larry flynt. she was when it of three governors a large following the oscar, so white scannell. tony bennett turns 96 today. some of his famous friends are sharing birthday greetings and talking about how tony bennett inspired their own music. >> when i was 14 and 15 i used to want to go to san francisco based on hearing tony bennett sing that song. i wanted to know what it was like . cable cars and stuff. then, at the age of 17, when i heard him sing, if i ruled the world, there was such hope in his voice. it made me feel that same boy way. so much so, it has inspired me to be in that same place as tony. >> august 3rd, i think it would past the house and senate, as a national holiday.

tony bennett , happy birthday, tony. anthony benedetto from queens, we love you always. >> lots of love, and happy birthday. don't go wild. >> the

coming up 5:00, schools about to start and some areas are still hiring. we look at push to get staffers in the classrooms before your kids take their seat. we're looking at the fact we have some time left in summer, but we are already curing hit of pumpkin spice right around the corner. after a five-year hiatus, oreos and spice sandwich cookies are coming back. they are limited edition that hit store shelves august 15th. thank you so much for joining us today. we hope you get a lot of

pumpkin spice now or in the fall. we will be back with more local news at 5:00 and streaming 24/7 cbs news bay area. thank for years, california's non-gaming tribes have been left in the dust. wealthy tribes with big casinos make billions, while small tribes struggle in poverty. prop 27 is a game changer. 27 taxes and regulates online sports betting to fund permanent solution to homelessness. while helping every tribe in california. so who's attacking prop 27?

wealthy casino tribes who want all the money for themselves support small tribes, address homelessness. vote yes on 27. captioning sponsored by cbs .>> garrett: tonight, a decisive win for abortion right in kansas, voters turn out in record numbers. president biden calls the results a powerful signal. what it means for november's midterms. election results from around th country are in. former president trump keeps his hold on the g.o.p. as election deniers win in several states. deadly crash. republican congresswoman and two of her staff members killed in a head-on collision in indiana. we'll have the latest details. kentucky's flooding disaster. waters begin to recede as we get a closer look at hard-to-reach areas and the devastation left behind. severe weather. thunderstorms moving in to the midwest while the northeast braces for dangerous heat. u.s.-china fallout. a defiant hous