Stranger to law. Is that correct . Thats correct. He spent time in prison and had some arrests here locally and hes certainly someone were glad to have off the street tonight. Reporter hell be booked into the lake county jail. Im juliette goodrich, kpix5 news. A Defense Strategy is emerging in the high profile kate steinle murder case, attorneys making their Opening Statements today. Kpix5s phil matier was in court and, phil, the aspect of the shooting that made National Headlines is not even a factor, is it . Reporter thats right, ken. What were talking about is kate steinle and she was shot in San Francisco and it became a center of national debate. It was part of the president ial debates, as a matter of fact, the whole question of people being here undocumented and how many of them are criminals. Remember, donald trump trumpeted it. Well, he also trumpeted the steinle case and that led to kates law in congress, but in the courtroom this isnt about public opinion. This is about evidence. So lets take a look at what happened today. Accident yes sot bastian 15 3 with the family of kate steinle in attendance, the curtain went up today on one of the most watched murder cases in the nation. Were going to do everything we can to bring this family justice. Reporter the shooting of kate steinle allegedly by Jose Inez Garcia Zarate will have nothing to do with him being in the United States illegally or the city sanctuary policy allowing him to stay in San Francisco after repeated deportations. It will instead turn on a question on what happened that evening when a gun was fired on a waterfront pier killing 32 yearold kate steinly as she visited San Francisco with her kate steinle as she visited San Francisco with her family and died in her fathers arms. There will be a baseline question for the jury to answer and that question is whether the defendant intended to fire that gun. Reporter defense attorney matt gonzalez, however, is arguing it was an accident waiting to happen and that the gun which had been stolen fully loaded four days earlier from the truck of a bureau of Land Management agent just a few blocks down the embarcardero and that zarate had found the semiautomatic handgun wrapped in a shirt under the bench where he was sitting and that it went off as he picked it up not even knowing what happened. San francisco officers had discharged accidentally. Theyve done it in los angeles. Theyve done it in new york city. You can make this trigger going off by dropping it, by stepping on it, by catching it on your clothing. Reporter its your contention that it was accidental . Yes. We have a charge against him of murder and thats what we believe the evidence is going to show. Reporter the first witness on the stand today was kates father, jim steinle, and he recounted very briefly, very stoically trying to keep his emotionals in grip that final evening with his daughter, how they went out to dinner on the waterfront with a friend, how there was a loud bang when they were on the wharf and how she fell into his arms and said help me, dad, help me. From there it was a short one and the defense did not come in with a crossexamination. Ken . Phil, i think one of the key elements, did he point the gun at her and fire it at her with intent or was this an accident . What other elements are going to be unfolding in this trial . Reporter okay. The question isnt of the intent that he shoot at her. Theyre saying no. The prosecution is saying he shot or a gun went off in a place and he had that gun where it was knowingly aimed and shot at people, not necessarily her. The defense is going to say no. It was picked up. It was dropped. It ricocheted and it was a freak accident. At 6 00 well get into the type of gun that was used and the questions that are raised about why that gun just might be susceptible to such a scenario. In San Francisco, phil matier, kpix5. Thank you, phil. A new estimate on the number of structures destroyed in the wine country fires, the total is now 8,400 and that number could go even higher. Cal fire says the biggest fires are now at least 90 contained. At least 5,000 firefighters remain on the lines. Now officials must focus on the largest debris removal process in california history. The fi i know that the processes were putting in place may be a little frustrating and that Everyone Wants to move toward recovery as quickly as possible, but in this unprecedented disaster we only get one chance to do the cleanup right. We want to make sure were taking a step back and were making sure that were going as fast as we, can but also addressing the hazards we can, but also addressing the hazards for our family, friends and future residents of Sonoma County. The cleanup is to begin this week. The first steps is to remove hazardous material. Then the army corps will mobilize to remove all the arent and debris. It will ash and debris. It will take time. Officials hope to have everything cleared by spring of this year. In napa county all the Public Schools reopened today. It was the thick, unhealthy smoke from the wine country fires that forced the schools to close for two weeks. Now that the schools are back open the district is helping students by providing free lunch to anyone who needs it. Each school will also have Mental Health services on campus to help students cope with the disaster. And Santa Rosa Schools and Sonoma County schools will be reopening in phases beginning this week. The top priority now is decontamination. S there kpix5s decontamination. Kpix5s emily turner is live with more on the classroom cleanup. Reporter these schools and these School Districts which there are 40 just in Sonoma County are slowly coming online one by one because as we found this, cleanup process is not only a long one, its also not quite as straightforward as you might think it would be. Tandars through osha and other agencies about Safety Standards in the workplace but when it comes to t as clear. Forget paper and pencil. Hepa filters and cleaning solutions are the new School Supplies post the fire. In has been some sort of damage to all of our schools. Reporter there has been a team of 200 working around the clock getting the schools cleaned up ready for students. We actually had whats called a hygienist from a Laboratory Come in and sample before we cleaned. Then we used hepa vac and air scrubbers and washing and Pressure Washing and that hygienist comes back in and tests again. Reporter but thats just Santa Rosa School district which will reopen 11 schools on friday and 13 on monday. Other districts in the county did it differently, six of which opened today. We dont have concerns about those schools that have already opened because they made their best judgment given the information that they had. Reporter when it comes to the Safety Standards of the workplace, there are agencies like osha that regulate them and the rules are very clear, but the rules are much less clear when it comes to children making the cleanup process more complicated. We have been diligent in our efforts to contact different state agencies and to assure that we are doing all that we can according to the standards being presented to us. At times there have been different messages that come down, but weve had to balance that with our best judgment with local control and things like that. Reporter so as you can imagine, as Sonoma County takes its time to make sure these schools are safe for your families, they ask for the publics patience in reopening them. They know it can be a burden potentially on families to not have their kids in school, but again safety is paramount. If you have a student in Sonoma County school, you can go to scoe. Org, the office of education website, and you can see district by district and school by school which districts are open and when. Emily turner, kpix5. Blue skies and heat in the forecast, the entire bay area is feeling it. Paul, how hot will it get . Well see 90s around the bay area, if not today, tomorrow around the water. 10 to 13 degrees warmer at this time today compared to 24 hours ago. Tomorrow will be the peak of the heat. The average high this time of year 60s to mid70s, tomorrow t degrees above average for the high tomorrow of 94 to break a daily record high. The reason why . Winds arent coming from the ocean. See all the northeast winds especially in san ramon, pleasanton, vallejo, novato and fairfield . Thats the offshore wind that will be prevelant. Coming up how long the heat sticks around. The president going to capitol hill to lobby for tax reform and daughter ivanka making the case on the road, cbs reporter mola lenghi on whats at stake. As you know, liz, the president is still looking for his first major legislative victory and now he is urging congress to get a budget finished and out of the way so they can dig in and really start focusing on tax reform which he hopes is the first major victory. Tomorrow hell try to give republicans a pep talk when he swings by capitol hill to try to lobby lawmakers. I call it tax cut. It is tax reform, also. I call it tax cuts. It will be the biggest cuts ever in the history of this country. Reporter President Trump is pressuring House Republicans to quickly approve the Senate Budget plan passed last week so they can move on to tax reform. During nfll sunday the president told lawmakers, we recall on the verge of doing something very, very historic. President trump dispatched his daughter ivanka to pennsylvania at a town hall meeting. The tax plan today benefits only one group of people, the people who can hire the army of lawyers, accountants, and lobbyists. Reporter the president is going to capitol hill about wednesday to meet with senate republicans. This plan stinks. Reporter the tax outline calls for an elimination of deduction of state and local taxes. State and local deductibility is a dagger aimed at the heart of new york and particularly of so many of our middle class residents. Reporter republicans say the loss of the deduction for state and local taxes would be eased by a proposed doubling of the standard deduction. Similar to the strategy on the two failed attempts to repeal and replace obamacare, the white house has been somewhat vague on the details of their tax plan. Theyre hoping that ultimately republicans on capitol hill just fall in line. Mola lenghi, kpix5, the white house. Assengers insi they were in the wrong place at exactly the wrong time. An uber driver is struck by gunfire on a bay area freeway with passengers inside, the latest as Police Search for a motive. If my husband is out here fighting for our country and he risked his life for our country, why cant you remember his name . This army widow still upset with President Trump now speaking out about a lack of information on her husbands death. And the very hefty price steph curry will pay for losing his cool on the court. Closed captioning for this newscast is sponsored by living spaces. Ne the search is on for the suspect who shot an uber driver on a bay area freeway. It happened around 11 00 last night on westbound 380 near El Camino Real. The uber driver had just picked up two passengers at sfo. Kpix5s Susie Steimle is live at the scene where the motive remains a mystery. Reporter liz, a full mile of 380 west bound was closed down as a crime scene overnight. The shooter and a target of the shooting both fled the scene leaving the uber driver injured at the center of it all and police with very few answers. E so we dont know if it was a s iple occupants the uber driver was an Innocent Party that was unfortunately caught in some sort of a crossfire duo. Reporter just minutes after picking up two passengers last night at sfo an uber driver ended up shot in the neck. Her car looked like this. Her passengers were terrified. Very shaken up. The driver who was struck was transported to the hospital and the two passengers, they were in disbelief. Reporter that uber driver is expected to fully recover. Chp officers say they have no reason to believe she was targeted. We dont believe that either the driver or the passengers were in any way related to the shooting. They just were unfortunately in the wrong place at the wrong time. Reporter detectives shut down 380 between El Camino Real and 280 south for four hours overnight while they searched for clues. On 280 south they found a big one, this abandoned car also riddled with bullets. They still havent found the driver of this abandoned car or the shooter who was likely in another vehicle. The occupants in that vehicle actually fled the scene. So we dont know if it was a single occupant or multiple occupants fled the scene after that. Reporter uber released this statement. This apparently random incident is deeply concerning and we have reached out to the driver and her riders to check on their well being. We stand ready to help investigators and urge anyone who can help catch the suspects to come forward. As for the motive . Its hard when we dont have a victim to really talk to to indicate what may have transpired prior to this. Reporter chp officers even said today they arent sure if theyre looking for multiple shooters in this case or simply one. Theyre just hoping that more witnesses will come forward with information. Live in san bruno, Susie Steimle, kpix5. Other bay area headlines, in antioch a 5yearold girl was rushed to the hospital after she was hit by a car near yorkshire drive before 3 00. The child had to be airlifted to the hospital. Were told she suffered serious but nonlife threatening injuries. Authorities say there was some sort of confrontation between the driver and bystanders during the crash. The driver is cooperating with police. In vallejo two kids are in Critical Condition after a hit and run crash there last night on turner parkway. Police say the mother was pushing her 2yearold son and 3yearold daughter in a stroller when a car rammed into them. The mother was not hurt. Police are now looking for that driver who may have been in a white acura tl. The Alameda CountySheriffs Department arrested the man they say is responsible for a deadly carjacking last week in san lorenzo. The victim, a father of two, was warming up his pickup truck thursday morning. He stemmed outside and came out to stepped outside and came out to see 42yearold Victor Martinez alvarez behind the wheel. The victim tried to stop alvarez, was run over and the hair died. The widow of a fallen soldier is speaking out about the mystery surrounding her husbands death and the phone call she received from president donald trump. Reporter mygale verle has her mygale verle has her meg oliver has her story. Reporter myeshia johnsons husband was killed this month in an ambush in nye engineer, but mrs. Johnson said President Trump niger, but mrs. Johnson said President Trump couldnt remember his name. I heard him stumbling trying to remember his name and thats what hurt me the most because if my husband is out here fighting for our country and he risked his life for our country, why cant you remember his name . Reporter the 25yearold widow confirmed the account, that President Trump said her husband, la david johnson, knew what he signed up for and that she was upset by his tone of voice. She also complained she has not been allowed to see her husbands body and has been told nothing about his death. I dont know how he got killed, where he got killed or anything. Reporter in an Early Morning tweet President Trump said the conversation was respectful and that he spoke johnsons name from the beginning. Its not the president s first dustup with a gold star family. As a candidate, espialed with khizr he sparred with khizr khan who lost his son in iraq. Khan said he was shocked at the call to the grieving widow. I wish somebody would advise him, dignity, most dignity for these families. Reporter johnsons funeral was in florida. He has a baby due in january. She said she will tell her little girl her father died a hero. Meg oliver, cbs news, new york. Were learning some details on the october 4th attack that happened in niger. Today the top u. S. General said the soldiers were on their way back to their base when they were ambushed by 50 isis affiliated fighters. The pentagon said the troop did not immediately request additional support. That call came about an hour after the firefighter began. An hour later french jets arrived on the scene for backup. The ford go bike program has been targeted yet again in the bay area. A passerby tweeted this photo showing several of the bikes sitting in the mud at oaklands lake merritt. The Ride Share Program later picked up those bikes. The rental program has been targeted by vandals in other bay area neighborhoods as well with some worried that the bikes are a symbol of gentrification. Warriors point guard steph curry is being slapped with a hefty fine for something he did on the court. Curry thought he was fouled while going up for a layup on saturday, but when there was no whistle, he threw his mouthpiece toward an official. Today the nba fined him 50,000. Curry was ejected after the play. You might remember curry threw his mouth guard into the stands in game six of last years nba finals. He got a 25,000 fine for that toss. Could be a game changer for cleaning up toxic chemic coming up all new at 6 00 tonight mother natures cleaning machine, how some thirsty trees could be a game changer for cleaning up toxic chemicals in the ground. With the Alaska Airlines visa signature card you get a companion ticket every year. So why not take someone that you see all the time. Someone like, i dunno, me . I mean i always spell your name right and put a little unicorn in your foam. No pressure but i really need to get out of here. Theyve been playing the same playlist for three months and im pretty sure youre not supposed to eat scones for dinner this many days in a row. Mexico, hawaii, costa rica, i dont really know. Im a quick packer. A pair of climbers breezy outside and thats the coming from the chilly pacific on. Its dry and its going to be hot, even hotter coming up tomorrow. Parts of San Francisco hit the 80s today, 75 officially downtown currently, oakland 79, mid80s in concord, livermore, san jose and santa rosa. When is the last 90degree day . Over the past three years in the trivalley it has been the second week of october. Youre going to hit 90 again in livermore tomorrow and once again on wednesday. That will be october 25th. So were having some late 90 degree heat in the bay area at least compared to the past couple years. It will be mild tonight, livermore 60, napa 50, vallejo 57. We have a ridge of High Pressure to our north giving us another round of offshore winds coming from the north and east which tomorrow at the peak of the hit will get us up to 21 degrees warmer than average. We sit next to a very chilly ocean, but when the wind comes from the other direction, it kind of doesnt matter for that duration of time as long as the wind is induced from the north and east. This is the reason why. This guy wont move much. It will wobble a bit towards the end of the week, but as long as this ridge of High Pressure stays off the north california coast, we will stay warm, dry and 10 to 20 degrees warmer than average and tomorrow coastal fog . Not a chance. We are sunny everything throughout the day. The clock is moving. Nothing else is changing on this image. Wednesday no fog, sunny and warm pretty much the entire week. Well see higher fire danger the end of the week. Warmest hottest day of the week is tomorrow. Well get a little cooldown a few days from now, but we stay warm. Temperatures stay above our late october average all the way through halloween. Look at this. 24th of october, 94 in livermore, 91 tomorrow in san jose, 94 in napa, 84 in San Francisco, mid to upper 80s san rafael, oakland, vallejo and pacifica. Were still well above average by thursday. Sunshine sticks around through the weekend and we dont get close normal until halloween. Thats your forecast. Well be right back. A relentless attack from the sky. Air crews are above us. The firefight is getting pretty close. While on the ground we follow three strike teams working to save a small corner of Sonoma County. Reporter to show you exactly how these firefighters are tackling fires like this one. As crews from across the west coast teamed up for a highly coordinated battle. Expect original reporting from kpix5 news. Expect more. Over the weekend, Brad Gobright m reynolds c a pair of climbers set a new speed record on yosemites nose of el capitan over the weekend. They climbed nearly 3,000 feet in just two hours and 19 minutes breaking the previous record set five years ago by four men. The cbs evening news is coming up next. Anthony mason is here with a preview. Reporter the Harvey Weinstein scandal is shining new light on sexual harassment. A new report claims bill oreilly paid 45 million to settle claims. And it wasnt just californias vineyards that went up in smoke. The struggle at Legal Marijuana farms all coming up in just a few seconds on the cbs evening news. Thank you for watching tonight at 5 00. Allen and veronica are back here in just 30 minutes. See you then. Captioning sponsored by cbs mason what happened . The military struggles to give details of the niger ambush that took four american lives. One widow is demanding answers and respect. Me if my husband is out here fighting for our country, why cant you remember his name . Mason also tonight, paid to keep quiet. Reports that bill oreilly paid 45 million to settle Sexual Misconduct claims. This is not unique. Women everywhere are used to being dismissed, ignored, or attacked. Mason plans to release the last classified documents from the j. F. K. Assassination. And a heros medal of honor for a topsecret mission half a century ago