Thank you, mark sayre. This was aldon smiths fifth arrest in just the last three years. In january of 2012, he was stopped for driving under the influence and pleaded guilty to reckless driving. And in june of 2012, he was arrested on weapons charges stemming from a party at his home. In september 2013 he drove a pickup into a tree and was arrested for dui. As a result, he was suspended by the league for 9 games last season. And he was arrested last year at l. A. X. Tsa agents said he was uncooperative and claimed he had a bomb. He was not charged in the case. Smith is one of seven 49ers to run into legal problems. Between them there have been a total of 12 incidents since 2012 that ended in arrests or charges filed. Gary gelfand joining us now. Jim tomsula hasnt even coached his first game and he is dealing with a big problem. Fingers are crossed, mine especially, hoping that this would not happen Something Like this as a contract year for aldon smith and this happens. So yes, tough times. Releasing aldon smith was the logical move fooling his latest arrest. It didnt make it any easier to ball is lower for jim tomsula who has been on the coaching it didnt make it any easier to swallow for jim tomsula who has been the on the Coaching Staff since 2012. This is ah sad day. It doesnt have anything to do about football. Although he wont be playing football for the San Francisco 49ers, he will be supported and helped and he will not have to walk this path alone that. Comes from the ownership down. The 25yearold smith is now a free agent but faces the possibility of another suspension from the nfl as a repeat offender of its personal conduct code. Its a huge loss for the 49ers. He is the sixth departure from the defense, big names. But we hope he can work it out personally. See what happens. Big blow for both him and the team. Sure is. Thank you. How about on the field problems . More turf trouble at levis stadium. The teams canceling its open practice sunday because the field isnt standing up to the wear and tear of training camp. Instead its going to take place at the training facility, no place for fans. Levis stadiums turf is going to be replaced after some concerts. A jury spared colorado theater shooter james holmes the death penalty. The court will impose a sentence of life in prisonment without the possibility of parole on this count. The jury could not reach a unanimous verdict on each of the 24 murder counts. That automatically eliminates the death penalty. Holmes killed 12 people and injured 70 others when opened fire inside a Movie Theater in 2012. Prosecutors argued he deserved to die because he methodically planned the attack. His defense says he was mentally ill. cadnapper who buried a bus full of children alive in a bay area quarry is now free. The kidnapper, 63yearold James Schoenfeld was released today after nearly 40 years in jail. In 1976, he and two other men hijacked a school bus in chowchilla and buried the students and their driver in a box truck at a livermore quarry. They intended to hold them for ransom. But the victims dug themselves out 16 hours later when captors fell asleep. Hot spots from a grass fire near kelly park, the fire spread through trees. Mostly mopup work. Cal fire helicopters are called in to make sure it doesnt flare up and get bigger. A homecoming today though for many people chased out of their homes by the rocky fire. Cal fire lifted evacuation orders in the Spring Valley community and reopened highway 16 and 20 in the area. Rocky fire has burned across three counties. Lake, yolo and colusa. More than 6,000 structures are still threatened but crews are making some progress. The fire is 45 contained right now. More than 69,000 acres have burned since the fire started on july 29. Kpix 5s cate caugiran tells us, its not a happy homecoming for everybody though. Cate. Reporter yeah, thats right, allen. You know, this neighborhood that were in, in Spring Valley was a ghost town when the evacuation orders went down. People can come home. Its bittersweet because dozen of families dont have homes to go back to. This was a bed, this a bike. This youre used to be a garage. This area used to be a garage. Its now rubble. Everything but the kitchen sink. This home along Morgan Valley road was one of the first lost when the rocky fire broke out. Firefighters say having the right amount of Defensible Space was key to saving lives. The structures that dont have Defensible Space that have things like vegetation growing right up to the house, they are a lot harder for our crews to defend. Reporter the good news firefighters are gaining more ground and more neighbors are able to go back to their homes. Now, coming up on kpix 5 at 6 00 well introduce you to a man who says it was a lawnmower that saved his home and his life. Reporting live in Spring Valley, cate caugiran, kpix 5. A wild light show above the bay area overnight. Take a look at this. In just four hours, there were nearly 1,000 lightning strikes from Monterey County up through the east bay. The lightning brought serious concerns about the possibility of wildfires. One bolt of lightning brought trouble though to san jose. Pg e had to fix a transformer after a powerful strike blew it out. It happened in the citys rose garden area. 19 customers near west taylor and elm streets were without power during repairs. Paul, whats the outbreak heading into this weekend . Much calmer. After 892 lightning strikes last night, nothing i like to this evening. Radar is clear. Hidef Doppler Radar showing a lack of rainfall. And now, over the past four hours, a lack of cloud cover over San Francisco bay. It should be a fantastic friday evening to get out. Well talk about temperatures for the weekend and beyond that coming up. Well, we were not the only ones. Two teenaged lovebirds have a shocking story to tell. They were struck by lightning. Next thing now, were on the ground and we gave each other like look the most terrified look you could possibly imagine. The romantic gesture that may have saved their lives. The insults are still flying after this fiery debate. Donald trumps harsh words for the moderator who singled him out. A grueling swim to the golden gate in sharkinfested waters. Forget what happened to ,,,, the republican candidates for president hit the campaign trail today trying to seize momentum from last nights debate. It was a ratings blowout. 24million people watched. The highest rated primary debate in history. Ken bastida here and ken, you might call it trump see tv. What a night many expected trump to steal the show last night in cleveland. The big question today, whether his performance helped or hurt his chances come november. One things for sure. Trump is still at the center of the conversation. Mr. Trump how did it go . Great. Reporter the republican frontrunner was the man to beat in a debate on Fox Newschannel last night. And he made news with the first question. Not ruling out a third party candidacy. Youre not going to make the pledge . I will not make the pledge at this time. Reporter trump also offered no apologies today for this Tense Exchange with the mod rather megyn kelly. You have called women you dont like fat pigs, dogs, slobs, and disgusting animals. Your twitter account only rosie odonnell. And honestly,megym, if you dont like it, im sorry. I have been very nice to you although i could probably not be based on the way you treated me but i wouldnt do that. Reporter he went off on kelly on twitter saying she bombed. Im very surprised at fox news that they would do this because, you know, i would say its, um, pretty unprofessional. Reporter rand paul was true to his word mixing it up with new Jersey Governor Chris Christie over privacy and warrants. Thats a completely ridiculous answer i want to collect more records from terrorists but less records from other people. Get a warrant let me tell you something. Get a judge to sign a warrants reporter john kasich raised his National Profile by taking a more moderate tone. I dont have to agree with everybody to like them. You know . Or to respect them. Or to care about them. Reporter and Carly Fiorina stood out in the happy hour debate for the second tier candidates. Im really happy that i can, um, relax for a little bit now and watch others. I was pleased to have the opportunity tonight. And i think i took advantage of it. Reporter its only just beginning, guys. How exciting is this next 15 months. Who knows whats going to happen now . Several of the gop candidates are heading south to the red state gathering in atlanta. It is one of the most conservative regions in the country. Trump and his two other top rivals jeb bush, scott walker, are all scheduled for speeches tomorrow. So here we go. The season is wide open. Right. And a lot of polling between now and the next debate in september down in simi valley. See how they shuffle up. And the reaction has been coming in like crazy if you go on social media you will see. Some people are calling it a reality show last night more than a debate. So yeah. Good tv. 24 million people. Cant argue with those numbers. The july jobs report is out and it Shows Companies are clearly anticipating higher consumer spending. U. S. Employers added 215,000 jobs last month. 40 of them in the service, manufacturing and construction industries. Economists say the solid report will likely keep the fed on track to raise Interest Rates as soon as next month. And that speculation sent the dow down 46 points to its 7th straight loss. All three of the major indices lost about. 25 . Outside lands a giant Music Festival and a major moneymaker. How local schools are cashing in on concert chaos. Talk about adding a spark to your romance. Two california teens get zapped by lightning. How their love may have literally kept the,,,, jamie wanted a taste of the real new orleans and we just couldnt say no to that face. Then we wanted more of that local flavor so betty says. Oh yeah, thats betty. Youre going to want to do this alligator thing. And betty didnt lead us wrong. A little later we passed some dancing. And who doesnt like dancing . Especially when its followed by fireworks everyones nola is different. Follow yours. Outside lands kicked off today in golden gate park. The threeday festival attracts over 65,000 music fans a day. Tickets to this years festival sold out in just 45 minutes. And in true San Francisco style, there are solarpowered stages and water refill stations but tonights headliners were the real draw. We are excited to see mumford sons and george from england. Another famous Britt Elton John is also performing this weekend. Getting to the park to hear them could prove tricky. Muni is making reroutes. And nearby residents with prime parking spots are using the occasion to turn a profit. Some are even using craigslist to trade their spots for cash and even local schools are offering parking places in their lots for a fee of course. For more travel tips and info on the festivals many perks, log on to our website, cbssf. Com for the ultimate survival guide. Its going to be an up tempo night in san jose as the annual summer jazz festival now full swing. The plaza quiet during prep time but tower of power legendary orange section is going to light it up. The festival runs through sunday night and includes latin, blues, all the styles in between. This year, all about showcasing new shops an housing in san joses south first area. And in just a few hours the bay area woman is taking a very brave swim trying to become the first woman to swim from the farralones to the golden gate bridge. Kimberly chaimers will will take off around 11 p. M. For a swim that could last anywhere from 13 to 18 hours. Besides the bitter cold water, great white sharks could pose a threat. One got too close to this swimmer this to bail out of his attempt about a week ago. And the last time a woman attempted this swim was in the 1950s. An amazing story coming out of last nights lightning storm. The sky was lighting up over Southern California at the same moment a teenaged couple was out for a walk. Reporter crystal cruz on the romantic gesture that likely saved their lives when lightning struck. I thought nothing happened. Reporter teenagers dillon and lexie just added for this chapter to their love story that includes a striking tale. It was more of just kind of a shove you to and it felt kind of like i was getting hit over the head with metal. Reporter they were walking along a treelined street in claremont when a doctor thinks they were hit by lightning part of severe thunderstorms that moved through the area thursday. Next thing now were on the ground, and we gave each other, like, the most terrified looks you could possibly imagine . Yeah, it was definitely weird. I kind of thought there was an earthquake . Reporter the teenagers say a passerby stopped to say he saw the lightning bolt hit them. The teens doctor says their lives were probably spared because of something they were doing while walking down the street. And these two were lucky they were Holding Hands. It helped to diffuse that electrical current that ran through their bodies. Reporter a doctor suspects the bolt first hit dillons head and traveled through his hands to hers, and exited through lexies foot. The chance of getting hit by lightning is very uncommon. Perhaps one in a million. Reporter the teenagers now joke they have an electric love. Lexies mom is just happy the teens were Holding Hands around the same time she also heard the lightning strike. I immediately texted, lexie, i knew that she and dillon had gone on a walk and i think i said Something Like you two are back home, arent you . Reporter lexie responded later they got hit. Bee shot by cupid will being shot by cupid will have longer lasting effects on the couple who doctor says are doing fine, lucky in love and life. Maybe somebody should tell them that was cupid. Do not ignore cupid. Strong arrow. [ laughter ] hes the one it was lighting up last night. South bay and east bay got it all. San francisco saying what . Lightning last night . 892 strikes in the area except this area. It was a rough evening in livermore and south towards san jose and gilroy. Santa cruz so much calmer today. Its all about the sunshine and very comfortable temperatures. San jose i give you the cake today. 78 degrees with sunshine. Perfect. Santa rosa 74. Oakland 74. San bruno 74. Livermore 83 degrees. Nothing on the radar couple of showers no thunderstorms near tahoe. Slight chance of a thunderstorm tomorrow but much sunnier and calmer for you on sunday. Friday Night Saturday morning should be a beautiful night. Keep the windows open redwood city 59 degrees vallejo 59. And san jose 60. Outside lands you just heard about all the stuff going on there. Tough to get there and once you get there the music will be great and the weather will be nice as well partly cloudy skies mid to upper 60s. The storm got in quickly and left quickly. Now its over northern nevada on its way to salt lake city, utah. So the unstable air that was prevalent last night is now about hundreds of miles east. A different area will not give us rain but because of the counterclockwise flow, it will feed in an offshore flow. Compare that to how hot the Central Valley gets. Its cool. Its going to keep our temperatures in check for the next several days. The onshore flow giving us Morning Cloud cover, lots of sunshine in the afternoon and no heat wave. A different low forming south and west giving us increasing clouds keeping temperatures in the 80s inland 70s near the bay but the trend will be beautiful sunny this weekend. Just a little bit cloudier coming up toward the middle of next week. All in all very calm and nice. Low clouds will return near the water tonight dry seasonal this weekend nice to get outside let the kids go run around. Schools coming up in a couple of weeks and that different low well keep an eye on next week increasing clouds. Concord tomorrow below average, San Francisco above average tomorrow. Cloudier starting tuesday but no rainfall is expected. Temperatures staying right in the comfort zone. The weather has been somewhat wacky this summer at times. The next 7 days, likely wont be. Thank you. A no whack zone. The marquee at the ed sullivan theater has been empty since lettermans last show but ton it bears the image of Stephen Colbert eating pizza. With a month to go before his debut his last name earned a respectable font size and the new host tweeted revealing his first guest for september 8. The names clooney, george clooney. No problem getting people to watch that. A ratings bonanza. Its extra protection if something goes wrong ,,, happy anniversary to me its safeways anniversary. Happy anniversary to me but youre the one whos gonna save some serious money. Happy anniversary to me right now with your club card usda choice ribeye steak is 7. 99 a pound 32ounce gatorade is 69 cents and select quaker cereal is 1. 49 happy anniversary to me. Manurance companies and credit cards offer something called trip interruption protection. The idea is Insurance Companies will cover you if something goes wrong with your vacation. But as consumerwatch reporter julie watts explains it doesnt always pay off. Reporter every chance he gets, robert buyers hits the road on his harley but during a recent trek to amount he got a flat. Wobbling a little bit. Reporter no problem for the aaa member. He called for a tow. Even better, he says the aaa rep told him he was covered through the companys road trip interruption and delay coverage. And he said they would reimburse him for up to 1,500 for acome days, meals and the cost of substitute transportation. I didnt know i had it. Reporter many people dont. In addition to aaa, several credit cards offered to reimburse nonrefundable travel expenses provided you pay with their card the hidden benefit you may already be paying for but when robert tried to take advantage of his, grabbing a hotel over the weekend while his harley was getting fixed, aaa rejected his claim totaling 695. Not one penny. Reporter despite what robert says aaa initially told him, the company now says flat tires are not covered, only mechanical issues. He shouldnt have told me that i had insurance. Reporter the department of insurances Nancy Kinkade says if they do, theyre liable. So you should document everything writing down who you spoke with, the date and the time. Insurance company is responsible for the representations or information that is provided by their agents or their employees. Reporter aaa how far says it found no evidence any agent offered mr. Buyers reimbursement for travel expenses although it has now agreed to renew his 200 a Year Membership for free. Something robert hopes he wont have to use. No flats. [ laughter ] reporter now, nancy suggests checking your insurance policy to see what is excluded. For robert, normal wear and tear or damage to tires is not covered under his aaa membership. No flats. Thank you. Now for a look at whats ahead on the cbs evening news. Scott pelley is in new york. Reporter hi, allen and liz. Heres the cbs evening news tonight. The first faceoff of the republican president ial candidates. Well have the highlights and the lowlights from the debate. Plus, a jury has now decided on life or death for the man behind the colorado Movie Theater massacre. And from Natural Beauty to a Public Health risk, what turned this Colorado River bright orange. Well have those stories on the western edition of the cbs evening news at 5 30 right ,,,,,,,, female announcer youre on the right track to save big during sleep trains triple choice sale. For a limited time, you can choose up to 48 months interestfree financing on a huge selection of tempurpedic models. Or choose to save hundreds on Simmons Beautyrest mattress sets. You can even choose 300 in free gifts with sleep trains most popular Stearns Foster mattresses. The triple choice sale ends soon at sleep train. Sleep train your ticket to a better nights sleep im veronica de la cruz in the kpix 5 newsroom. New at 6 00 tonight many to showcase the best meant to showcase the best of oakland, why the first friday could be in jeopardy. Severe drought could wipe towns off the map. Join us for that and more at 6 00. Were looking for a nice weekend. Pleasant stuff, 80s inland, 70s near the bay. Not hot, not cold. Perfect. Great for the Music Festivals. Theres quite a few. Cbs evening news with scott pelley is next. Pelley the clash in cleveland. Trump returns fire. I dont, frankly, have time for total political correctness. Pelley also tonight, will james holmes be executed for the theater massacre . The jury has decided. Were on the scene as a typhoon batters taiwan. The Environmental Protection agency makes an environmental disaster even worse. And Steve Hartman on the road, on a journey measured in smiles. Im countin on it to be 33,000. Reporter 33,000 . Thats a pretty big goal. Uhhuh. Captioning sponsored by cbs this is the cbs evening news with scott pelley. Pelley this is our