Murdering five people in modesto is accused of killing a 2yearold boy months earlier. Kpix5s devin feely obtained the arrest warrant late this afternoon. Devin, what does it reveal . Reporter yeah, you know, the lingering question is could police have somehow wrapped up that investigation earlier and made it impossible for martinez to allegedly have massacred what remained of his family . In that new arrest warrant it documents the Police Investigation as well as warning signs in the days and weeks before that little boys death. According to the arrest warrant, Martin Martinez was home alone with 2yearold Christopher Wrigley when he suffered a fatal head injury. Martinez told investigators he was rough housing with the toddler in a bathroom when christopher falls back onto a carpeted floor and hit his head really hard and became unconscious. A tragic accident martinez would tell police, but two days later the toddler was dead. Others according to the arrest warrant suspected christopher was being abused. Daycare workers reported three suspicious injuries to Christopher Ripley in the days and weeks before his death. Police say this christophers mom, dr. Amanda crews, denied that Martin Martinez caused the injuries. It would take investigators and a pathologist nine more months to determine that christophers death was a homicide caused by his head hitting the tile floor as a resulted of abuse, but by that time martinez was already a wanted man accused of massacring what remained of christophers family, his mom, grandmother, two sisters and a family friend. Outside the family home a memorial grows as do questions about whether police could have averted a terrible tragedy. Now yesterday Modesto Police emphatically said that they did not drop the ball. They say that it takes time to wrap up an investigation as complex as this and they say that the information was only known to a small group of people. So far they say there is no evidence that that is what triggered the massacre. In Modesto Devin feely, kpix5. A former School Security guard is now convicted of assaulting a student with Cerebral Palsy who was in a wheelchair. Surveillance video shows Marshall Mitchell hitting the student repeatedly in may of last year after some sort of an altercation at oakland high. The handcuffed student later falls out of that wheelchair and continues to get punched. He testified that he was justified in using force because mitchell believed the student was resisting him and threatened to kill him. A 54yearold man is out of surgery but still in the hospital after being shot by fremont police. A woman called 911 last night saying that she and another woman were being chased by their roommate who had a knife. The women ran out of the house, but officers say they confronted the man on the front porch and when he refused to drop the knife, they oped fire. His condition is not being released. Several brushfires by a freeway snarled traffic for hours today. The flames erupted on the side of 880 and hayward near west tennyson road. It happened around 11 00 this morning. Flames were seen climbing through the tops of dreams as thick smoke poured over trees as thick smoke poured over the highway. Two southbound lanes were shut down while two southbound lanes were shut down while firefighters battled the flames. Cars were parked on the side of the freeway. It took about an hour for firefighters to put out the flames. No cars were damaged. No one was hurt. The father of a bay area woman slot to death by an undocumented shot to death by an undocumented illegal immigrant pleaded for a new law today. Cate cauguiran with the law he says could have saved his daughters life. Jim steinle emotionally recalling the last moments with his daughter. Suddenly a shot rang out. Kate fell and looked at me and said help me, dad. Those are the last words ill ever hear from my daughter. Reporter u. S. Senator Dianne Feinstein called for better cooperation between local, state and federal Law Enforcement and in kates case a simple phone call would have been enough, but that did not happen. Reporter feinstein said that call could have saved kates life. Now the steinle family is backing kates law that would give mandatory jail time to convicted felons if they try to come back to the u. S. Illegally after theyve been deported. We feel if kates law saves one daughter, one son, a mother, a father, kates death wont be in vain. Reporter according to i. C. E. , 123 people were killed by those who faced deportation between 2010 and 2014. In San Francisco cate cauguiran, kpix5. Could we have order . Emotions ran high through the end of that hearing. One man in the public seating area yelled out against sanctuary city policies. His son was killed by an undocumented immigrant in 2010. Police escorted him out of that hearing. A San Francisco supervisor is pushing for changes in how the city treats immigrant suspects. Supervisor mark ferrell announced a package of reforms in response to Kate Steinles death which confirms the Sheriffs Office will confirm that the District Attorney will prosecute a crime before requesting a transfer from somewhere else. It can also calls for the sheriff to communicate with federal immigration authorities. Now coming up at 6 00 what supervisor ferrell is demanding from the sheriff specifically in the steinle case. All right. Did you feel it . A 4. 0 earthquake rattled tens of thousands across the bay this morning. It happened on the hayward fault line in fremont Near Union City and as kpix5s mark thayer reports, a much larger one is expected any day on that same fault. Reporter marty nissens home happens to be the closest to the epicenter which is located 5 miles below ground. The only thing that was damaged was his sleep. It was kind of a violent shake, not much of a roller, a good shake. Reporter the usgs recorded well over a dozen aftershocks. And i just felt like my body was shaking like this. Reporter nearly everyone we spoke with in fremont who felt it described it as a sharp blow. It just jolted me straight out of bed. Reporter the United States Geological Survey says the hayward fault has about a 31 chance of a magnitude 6. 7 quake sometime in the next 30 years. Now unfortunately these little ones, even though they were 14, do not help us relieve the pressure for a much larger earthquake. Reporter now at least 5,000 people reported feeling this earthquake to the u. S. Geological surveys online system. Coming up at 6 00 well show you an effort being led by several Research Universities in california to put earthquake sensors right into your home right into your living room. Thats at 6 00. Im mark thayer, kpix5. Did you feel it . I didnt. Takes more than a 4, i guess, for us. Fast food going vegetarian, the bay area diners are eating it up. Its how we want to eat, clean food, vegetarian. The drivethrough debut taking a bite out of the competition. And Donald Trumps most personal dig yet has a senator changing his telephone number. Were changing our air mass today. Bye bye, humidity. Hello, fog. Quickly the fog is back in San Francisco, temperatures way down. Well talk about how long we stay cool and foggy. Thats coming up. And a legal home run, the ruling barry bonds is officially cleared of the criminal charges from the big steroid scandal. Federal prosecutors dropped their case against the former giants slugger. In april an Appeals Court tossed out his conviction for be on construction of justice. The feds could have asked the for obstruction of justice. The feds could have asked the Supreme Court for a review but decided against it. Today donald trump kicked things up a notch after senator Lindsey Graham made this comment. Yeah. I dont care if he drops out. Stay in the race. Just stop being a jack ass. You dont have to run for president and be the worlds biggest jack ass. Then i watch this idiot Lindsey Graham on television today and he calls me a jack ass. Trump then pulled out a piece of paper and gave out his fellow candidates phone number on national television. Graham criticized trump for comments made disparaging john mccains war record. An editorial in the Des Moines Register says trump is the distraction with traction, a factless blow hard who can generate headlines not by provoking thought but by provoking outrage. Still the latest National Poll shows trump with a double digit lead over his fellow republican nominees. And that field got even more crowded today. Ohio Governor John Kasich became the 16th republican to get into the race. Kay such played up his experience balance kasich played up his experience balancing ohios budget. Hes got a lot of catching up to do before the first Republican Debate in august. A popular brand gives fast food a vegetarian spin and it can barely keep up with demand. This started out as a do it yourself project. Now the feds have serious questions for the teen closed captioning for this newscast is sponsored by Living Spaces furniture. Lines out the door at the bay areas newest Fast Food Restaurant and as kpix5s Mike Sugerman found out, no one is asking wheres the beef . Its not meat. Its good. Watch this. Hello. Welcome to amys. Anything else i can get for you, sir . Reporter the crowds at amys drivethrough in rohnert park have no beef with this place. There is no beef. Its how we want to eat, you know, clean food, vegetarian. Theres also a lot of pent up demand for organic food but done in a traditional sort of american classic fast food sort of way. Its not meat, no. Reporter can you tell the difference . No. Id take this over in and out. Reporter hes never heard of amys kitchen, the organic brand based in santa rosa, but it has quite a following and its a similar formula to how they run the place here. Youre eating ketchup there. Thats what i do sometimes. Reporter just eat ketchup . This is no mass produced ketchup. Like most of the stuff here, its organic and locally sourced and thats one of the big appeals of this place which on day two has cars past the driveways and people out the door. The coffee machine is out. I know. Reporter still some bugs to be worked out. They actually ran out of some food yesterday not anticipating the crowds. You know, its not meat. I know. Im fine with that. Its fast food, but be prepared to wait. Theyre doing double the business they thought and take up to 40 minutes to get this, but its pretty good. Reporter in rohnert park, Mike Sugerman, kpix5. Amys owners say at least two more drivethru restaurants are in the works but didnt say where. Did we not teach him . Bring it here. Mouth full, dont talk, mike. Apple says its latest quarterly profits surged 38 thanks to Strong Demand for its latest iphone. The Cupertino Company said it sold 47. 5 million iphones in the three months that ended june 27th. Thats up 35 from a year ago. Apples net income for the third quarter, nearly 11 billion. Now they wont say how many apple watches were sold, only that sales beat internal projections. Despite the good profit news apple shares slid 7 in after hours trading. Overall the market slid today because of disappointing earnings from several big u. S. Companies. The dow lost more than 181 points, nasdaq down almost 11 and the s p fell nine points. An 18yearold in connecticut may be in trouble with the faa after posting a video online showing shots being fired from a drone. Now the video shows a semi automatic handgun strapped to the drone firing four shots in that wooded area. The teenagers father said that he created that contraption with a university professor, but the question is did the teenager violate faa regulations prohibiting careless or reckless operation of a model aircraft. So the faa is investigating that. Governor jerry brown issued a strong warning about Climate Change at the vatican today. He says humanity must reverse its course or face extinction. We have fierce opposition and blind inertia and that opposition is well financed. Brown is visiting the vatican in an effort to bring support for policies to reduce Greenhouse Gas emissions. He used california as an example of a state that has reduced those emissions. San Francisco Mayor ed lee was also at the vet can touting San Franciscos efforts. Today lee said all muni vehicles will be switching from Petroleum Diesel to Renewable Diesel by the end of the year. The switch will reduce Greenhouse Gas emissions from the diesel vehicles by more than 60 . Lee said the change will also be cost efficient. The switch i like today . The fog was back. A little cooler out there, im sure. Nice in the east bay. Yeah. Just blew all that humidity out of here, good sleeping weather now. Thank goodness. We return to regular programming in july at least for a couple days. Weve had rain. Weve had humidity, a little bit of everything in july. Now look outside. This is what you can expect for july. Isnt summer beautiful . All this sunshine and warmth in San Francisco. Huhuh. September, yeah, october, yeah, july, no. 62 and cloudy and foggy in San Francisco, oakland 67, so much cooler for you, san bruno 64. The warmest spot is livermore and youre below average, 82 degrees. Right along tahoe and interstate 80 were seeing thunderstorms right now north of the lake all the way down to and past yosemite all the way north to susanville. So were calming down here, but some unstable air continues over the sierra. Tonight back to average, keep the windows open. Redwood city 69, san rafael 58. No need for air conditioning tonight. We are back for normal because the onshore flow is back. Our source of air is no longer from a decaying tropical storm. Its from the pacific ocean. Its a big body of water and theres a lot of cool stuff that wants to move in and will for several days. Even though the unstable air will stay over nevada, not here. The ocean temperature is down to about 60 degrees and the ocean flow is strong. The next couple days everybody staying in the 60s or 70s, maybe a couple upper 50s right along the coast. If youre wondering if its going to move out for the weekend, the answer is yes. The low moves outs and the high moves in and with the ridge moving closer it usually limits the onshore flow and it should be sunnier and milder beginning friday. So tonight back to normal, upper 50s, low 60s. A lot of cloud cover the next few days. Even inland youll start the morning cloudy and well get minimal sunshine in the afternoon, but it will trend sunny and milder friday and certainly for your weekend. I know its only tuesday, but were always thinking about the weekend around here. Concord tomorrow 79 degrees, well below average, san jose 78, fremont 76, redwood city 77, san ramon upper 70s, pleasantton 79, pittsburg 80 and vallejo 76 degrees. Minimal sunshine in the afternoon, San Francisco your high 76, 69 for richmond. Sonoma 70, the warm stuff, mendocino county, ukiah 88 degrees. Coolest day will be thursday. Nobody hits 80. Friday a little bit warmer and the weekend looks really nice, mid70s near the bay, mid80s inland and well stay right in that sweet spot through next week. So cooler and then through the weekend perfect. Thats what i love about your sevenday. Theres always a weekend in there. Maybe thats why we do the sevenday because even if its monday morning and youre watching roberta, still got the weekend. Thanks, paul. Charged for services you didnt need . Tonight millions of Bank Customers could be getting a check in millions of credit card holders are in line for refunds. Consumer watch reporter julie watts explains a major bank has been ordered to pay 700 million for charging customers for services they didnt want or need. Theyre known as adds on, products or services add ons, products or services that do a few things a month like defer your payment if you have a hardship or monitor your account for fraud. Government regulators say citibank deceptively marketed nose addons to customers those addons to customers for nearly 10 years. Bankers misled customers about the cost of the programs, the benefit they provided, the lengths of the trial period and how to cancel. In all length of the trial period and how to cancel. The money has been ordered to be sent directly to customers. And the id theft Protection Company lifelock is also accused of misleading customers. The ftc says five years after reaching a settlement with regulators the company is still not providing the level of protection it promises. The agency says lifelock has also failed to set up a program to protect consumers sensitive data. Its not keeping the required documents and continues to engage in false advertising. And on a bit of a lighter note, if you fancy yourself a go pro aficionado, you may be able to cash in on your videos. Remember these, the turtle video, well, this video right here . This is all go pro following requests from advertisers for videos like. This go pro decided to launch a new platform to license some of its best user videos so they can sell them to advertisers. Videos start at 1,000 apiece, though its unclear how much of that money go pro will keep. Now ad week reports go pro licensing will launch with more than 600 videos from both amateurs and professionals and theyll continue to build from there. If you have a consumer story idea, you can email us at consumerwatch sf. Com. So its unclear how much money will go to the person who actually shot the video and go pro . Right. It looks like theyre going to sell it for 1,000 a pop, but its not definite how much youll be able to pocket. Interesting. Thanks. Well, it wasnt a go pro cam, but the footage was still priceless. In florida a bear went into someones garage and ate a 20 pound bag of dog food before falling asleep on the lawn. One man started snapping pictures of the animal but couldnt keep the camera still because he started laughing. No word on when the bear finally woke up and left. Well, i think boo boo kind of woke up yogi. The picnic was over. Tonight Jill Schlessinger looks at Job Opportunities for believe it or not retirees. Reporter the retiring baby boomer population will increase dramatically over the next 25 years which means more retirees should be joining the job market. The 65 and older population in california stands at 12. 5 . 2 3 of this group plan to continue working. Most are motivated by the extra money. Others enjoy working while many simply want to stay active and involved. To go from fulltime employee to parttime retiree its best to start while you still have a job. If you like what youre doing, talk to your company about the availability of parttime or contract work. Your boss may be relieved to have a seasoned pro on the team, especially one who no longer needs benefits. If you want something different, consult your network. Speak with owners or managers of businesses you frequent and ask whats available. You can also go to seniorjobbank. Org which allows you to search a variety of careers based on location. Finally consider working in a field thats a hobby. It may not pay much, but it could prov scal good day, mlady i am sircanalot, here to save you from another breakfast bore. Wake up those eggs with glorious spam see what spam can do. At spam. Com im ken bastida in the kpix5 newsroom. New at 6 00 tonight protesters out right now fighting a plan to bring millions of tons of coal into oakland and were learning its been more than a decade since anyone looked at what this could do to the environment. Plus some claim its the secret to fighting traffic tickets. Consumer watch pits this app to the test puts this app to the test. Join us for those stories coming up tonight at 6 00. Ken, well see you then. In the meantime theyve got thunderstorms up in the mountains. A lot of folks have said this is a big week for camp, a lot of boy scouts camps up in the mountains. Of course, every week in the summertime can be big for camp. Lets show you the radar. Especially this week its been stormy in the sierra the past couple days, down toward yosemite more thunderstorms and unstable air there. We are calming down, but the mountains are stormy. Thank you, sir. Thanks for watching us at 5 00. The cbs evening news is next. Remember the latest news and weather is rose a rose an ominous forecast for more scenes like this, surging floodwaters and rising sea levels. Not rising tonight, the level of political discourse. Total lightweight. The worlds biggest jack ass. Rb rose disturbing new findingst about the risk of dementia in women. And. Amazing grace rose how sweet the sound and now its found on broadway. Captioning sponsored by cbs this is the cbs evening news with scott pelley. Rose good evening. Scott is off tonight. Im charlie rose. This is our western edition. We begin tonight with extreme weather around the country and a dire forecast about the climate in the years ahead