Takes for these individuals to do that, that is why we are calling on the public and other allied agencies to help. Reporter john boyeens is wanted for john bivens and the other inmate wanted for a escape so well thought out, the two santa clara inmates somehow got away from deputies as they left a courtroom around 9 30 this morning. They ran out a side door and set off an alarm. By then deputies had no chance. A getaway car was waiting for them already steps away. Kpix5 learned that toyota was bought over the weekend and the new owner did not register it. It was dumped about a block away where investigators say mcgoff and bivens jumped into a uhaul van similar to this one. They were in for violent crimes. They are considered dangerous. Reporter the two were in jail for an Armed Robbery earlier this year accused of using a gun and knife to rob Verizon Store employees in sunnyvale tying them up and stealing more than 60,000 worth of merchandise before leading police on a chase. Do you know where hes at . Mcgoffs family had nothing to say to kpix5, but investigators have a clear message to the community. If anyone sees any of these individuals, we ask that you call 911. Reporter and the spokesperson could not answer whether these inmates were handcuffed or shackled by the waist or ankles. Not unusual for inmates to be escorted to and from court. Was it just the one deputy that was guarding both these inmates . Reporter yeah. You know, they say that is standard procedure, but remember, they were inside the courthouse when this happened. So there was a courthouse full of deputies and there are deputies normally stationed at the front entrance of the building for security, but remember these inmates went out the Side Entrance just a few feet away from the front entrance. So they essentially were able to walk right out to that get away car. Back to you. Maria medina live in palo alto, thank you. Now to the deadly shooting at a texas church, Authorities Say the gunman had domestic problems and sent threatening Text Messages to his family. He shot and killed 26 people. Among the dead, his wifes grandmother. Cbs reporter meg oliver is in sutherland springs, texas with the very latest. Reporter new information reveals that the air force failed to submit the suspects criminal background to the fbi. It might have prevented him from buying those firearms that he used for the massacre here at the First Baptist church. Fbi agents used metal detectors to comb through the murder scene outside the First Baptist church of sutherland springs, taxes. Authorities say 26yearold devin kelley opened fire during Services Sunday killing more than two dozen people. There was a domestic situation going on within his family. The suspects motherinlaw attended this church. We know that he had made threatening she had received threatening texts from him. Reporter the victims range in age from 18 months to 77 years old. One of the victims was 14year old annabelle pomeroy, daughter of the churchs pastor, frank pomeroy. He and his wife were out of town when the massacre happened. One thing that gives me a sliver of encouragement is the fact that belle was surrounded yesterday by her Church Family that she loved fiercely. Reporter Authorities Say as kelley left the church, a Good Samaritan who lives across the street exchanged gunfire wounding kelley before he drove off. The Good Samaritan then jumped in a truck driven by Johnnie Langendorff and they gave chase. He said he just shot at the church anded we have to get him. I said lets go. Thats what we did. Reporter investigators say during the chase kelley called his father saying he had been shot and didnt think he was going to make it. When Police Caught up with him, he was dead. If investigators believe it was from a selfin investigators believe it was from a self inflicted gunshot wound. Kelley served in the air force and was courtmartialed in 2012 on charges of assault of his wife and child and later pled guilty under two counts of domestic violence. Under federal law his name should have been entered into the National Database of people not allowed to purchase firearms because of their criminal record, but today the air force admitted it failed to submit kelleys name allowing him to purchase the weapons used in sundays attack. Cbs news has learned there were multiple instances where kelley assaulted his first wife and stepson. He even fractured his stepsons skull. Meg, what are we learning now about the suspects injuries . Reporter liz, we now know that he was shot three times, one selfinflicted fatal gunshot wound and two more times from those citizens that were chasing after him. Meg oliver in texas for us today, thank you. President trump called the texas gunman deranged and said the shooting is a Mental Health problem at the highest level. This isnt a guns situation. I mean we could go into it, but its a little bit soon to go into it, but fortunately somebody else had a gun that was shooting in the opposite direction. Otherwise it would have again have been as bad as it was, it would have been much worse. The president making those comments in japan during his asia tour. The shooting comes after the las vegas rampage leaving 58 people dead and hundreds wounded marking two of the deadliest Mass Shootings in modern u. S. History. More breaking news into our newsroom, there is a major flaring happening right now at the shell refinery in martinez. A kpix5 viewer bob peralta shared this video that shows an orange fireball shooting into the air. You can see it right there. See that huge plume of black smoke pouring into the sky and, of course, more flames. We have called into the refinery, so far no response. Theres no Health Warning for People Living near the shell refinery off pacheco boulevard near the i680 interchange. Benicia Police Tweeted they could see the smoke. Typically flaring occurs when theres a problem at the refinery or it has to be shut down for some reason. Well get you new information when we get it. Promising numbers coming from the wildfire recovery effort, the epa has now cleared Hazardous Waste from 63 of homes in Sonoma County. Kpix5s Susie Steimle is live at coffey park with the next phase of cleanup that began today. Reporter liz, contractors are calling this a huge step in returning to normalcy here. Theyre also hoping that it will help convince the thousands of homeowners who have not signed paperwork to allow fema on their property to change their minds. Jasonjason myers, his wife and two kids had just jason myers, his wife and two kids had just moved into this coffey park culdesac two years ago. We had a little food right here set up and said heres neighbors. Yeah. We want to get back here quick. Reporter nextdoor to jason is the very first home to enter phase two in coffey park. Phase two is debris removal and can only begin after the epas had cleared your home of epa has cleared your moment of Hazardous Waste and you sign a right of entry form allowing fema on the premises. Its a very important day and i think it will help folks to decide one way or the other. Reporter so far only 1,600 people of more than 5,000 Residential Property owners in Sonoma County have signed a right of entry form. We understand the anxiousness, the frustration. Reporter rick brown with the army corps of engineers said he hope more people will sign up for this free service. The deadline to sign up is november 13th. Contractors say the best Case Scenario is to get a block of homes cleared in one fell swoop, but without signed paperwork they have to skip around. If we have to jump around property to property, its going to slow us down and its not really efficient or Cost Effective for us to do that. Reporter the goal is to have all the debris removed by early 2018. Jason said if that happens, he can start to rebuild in the spring. Right back here, rebuild as soon as possible. Reporter there must have been a lot of questions from homeowners about cars. If theyre on the property and youve signed a right of entry form, the army corps of engineers will take care of it. If its on the street, its up to the city and county to take care of it. Theres debris meetings regularly throughout the week. Theres another one tonight at the Veterans Hall building in santa rosa. That is at 6 00. Live in santa rosa, about Susie Steimle, kpix5. A difference santa rosa burn zone is off limits once again, this time theyre waiting a different santa rosa burn zone is off limits once again. This time theyre waiting for test results. Journeys End Mobile Home Park was closed friday after finding items that may contain asbestos. 120 homes burned in the wildfires there. Residents and cleanup teams will not be allowed back until those results come back on wednesday. This week Sonoma County is sending out appraisers to assess the fire damage and depending on what they find, it could mean major tax relief for some homeowners. People whose homes were destroyed will have a property tax of zero post fire, but for others with shed, garage and other partial home damage, their property taxes will be reduced. The county assessor says a tax bill will be prorated. Homeowners will get fully charged for the months before october and not every kind of damage counts. People who have just smoke damage, theyre just inside the perimeter or just outside of it, that doesnt qualify unfortunately for structure damage. Homeowners should expect a tax bill by the end of the year due back in january. Its the defenses turn in the kate steinle murder trial. Coming up a gun expert takes the stand and the weapon that killed kate is front and center. The question, was the killing intentional or an accident . P pthrough nig s. Plus a man falls 300 feet to the bottom of a cliff, the harrowing rescue captured through night vision. And chief meteorologist paul deanno tracks the return of rain in the forecast. Sfx squeak sfx stair creak sfx clink sfx deep breath sfx grunt sfx tinny headphone music sfx feet shuffling sfx slice sfx gasp sfx inhale. Exhale. Sfx lights scraping on roof sfx metallic scrape sfx grunt covered california. Its more than just health care. Its life care. Closed captioning for this newscast is sponsored by living spaces. The defense has begun presenting its evidence in the kate steinle murder trial. Their case hinges on whether the shooting on that San Francisco water front two years ago was intentional or an accident. Kpix5s phil matier has been following the testimony at the hall of justice. Phil . Reporter thats right, ken. And today it was the experts turn to weigh in on this question in the hopes of convincing the jury one way or another. Lets take a look. Both the undocumented immigrant jose ines garciazarate and the gun that killed kate steinle took center stage today with the main question being was the shooting of kate steinle as she walked along a pier in San Francisco with her father a deliberate act or an accident . The d. A. Said it was deliberate . We had civilian witnesses, Law Enforcement officers and other forensic experts. Reporter today it was the defenses turn bringing in james norris, former head of San Franciscos police lab, who testified that the stolen pistol was fully loaded, had no safety and that steinle was hit by a ricocheted bullet. Weve been able to establish through expert testimony physical characteristics of an accident. Reporter the expert, however, also testified that even without a safety it would be unlikely that the gun would have gone off even if dropped and that the trigger had to be pulled either on purpose or by accident. Essentially the expert said that the gun would not spontaneously go off and that the trigger would have had to have been pulled. Reporter the defense counters that even in zarate accidentally pulled the trigger when he picked up what he thought was a bundle of clothing lying at his feet, he had no intention of harming anyone. It ricocheted off the ground, traveled at about a 2 degree angle to hit ms. Steinle. Reporter and again next evidence is going to center around possibly how the gun got on the pier. The District Attorney is contending that 0 relief brought it on, possibly in his zarate brought it on, possibly in his coat pocket, but the defense is going to say no, they found it there. Thats the next phase and theyre bringing in Video Evidence for that. It seems like the responsibility has been established in this case. What really were looking at now is intent. Was this intentional or was it simply a freak accident . Reporter thats right, ken, and theres legal implications on that. Its between Second Degree murder and say possibly manslaughter, the idea being if you shoot a gun in a crowded room, you have a reason stab expectation someone could get hurt or killed reasonable expectation someone could get hurt or killed. If you pick up something and it goes off, thats a question for the jury. Meanwhile in San Francisco, back to you, ken. Thanks, phil. A walnut creek Science Teacher is facing more than a dozen charges involving Sexual Assault on children. 33yearold Michael Bartell was arrested friday. He teaches at walnut creek intermediate school, but the charges do not appear connected to the school. Martinez police were tipped off about online conversations he had with children. The School District released a statement saying, neither the school nor the School District has received any reports of inappropriate behavior towards students by mr. Bartell, bartell has been placed on administrative leave. His bail is set at 16 million. The search is on for a vandal who keyed about 20 cars in pacifica over the weekend. Someone used a key to scratch the cars parked along terra nova boulevard between friday night and saturday morning. Right now police are urging people in the area to check any surveillance footage. Other bay area headlines, a 55yearold man was beaten and stabbed to death over the weekend in Mountain View. Police arrested this man, 43 yearold january neil. He was taken into cust jan neil. He was taken into custody saturday and now faces murder charges. This whole thing unfolded at Mountain View city hall on castro street. Police are trying to figure out what prompted the deadly stabbing. A fire that tore through a san leandro apartment complex last night on Carpenter Street has investigators still trying to figure out what parked it. Two pets, a cat and snake, were killed in the blaze. State route 4 is closed between tracy boulevard and Discovery Bay boulevard more than four hours today due to an overturned truck, chopper 5 above the scene. A tanker that was hauling sulfur appears to have missed that hairpin turn after crossing the old river bridge. Chp says that it appears no sulfur was spilled out. The road reopened about 90 minutes ago after that truck was safely towed away. Groundbreaking ceremony today on a new caltrain station in south San Francisco and city leaders there are hoping that it will transform the downtown area. Crews will begin construction on the 61 million project at grand avenue and airport boulevard. The goal is to build a new 700 foot boarding platform and a pedestrian underpass making it safer and more accessible. This is all part of a bigger plan to add a downtown plaza in the area. The mayor and city leaders hope that it will boost business and help housing projects in south city. We are going to be a line to caltrain station. So when they come out, they can go directly toward downtown and vice versa. Traffic and signal work will also be done over the next year and a half. The goal in is to have that project finished is to have that project finished by 2018. The Helicopter Team managed to rescue a man who fell from a bay area cliff. Take a look. You can see the choppers night vision camera zero in on the victim. The 34yearold was hiking near mussel rock in daly city but slipped and fell to the bottom of a 300foot cliff, no place to land. The helicopter pilot hovered about a foot off the ground. A paramedic got the man aboard. He is expected to recover. We are talking rainfall, but also coming up in weather which night looks to be a bit frosty and which day will feature a lot of wind blowing those leaves around. That is a live look at chopper 5. Were already post sunset at 5 20, your forecast next. Coming up all new at 6 00 tonight tow yards full of unclaimed junkers, we learned its a huge problem in one bay area city, why people just arent bollering to pick their cars up. But bothering to pick their cars up. But first markets closed up and heres a look at the closing numbers from wall street. It feels good to be back. Were alaska airlines. And we dont just fly lumberjacks to glaciers. We fly App Developers to mexico city. Novelists to nashville. And pilates instructors to palm springs. Sure, we love a good glacier. But we also like a little cocoa butter. So everybody in my house, the cats all up early, its light. Lets go outside. I said whoa, dude, 6 a. M. , what are you doing . Not time yet. Now its darker earlier sort of because you move clocks back, but what a gorgeous picture from chopper 5. That coral sky is breathtaking. Take a look at this picture, sierraattahoe with the snow dressing that tree so beautifully. I cant believe its already snowing and we just said its two weeks from thanksgiving on thursday. Two weeks and three days. What happened . I have no idea where the year went, but it feels like the season outside finally. We arent talking about record heat anymore, no 90s, no one hundreds. Nobody will hit no one no 100s. Livermore 57, San Francisco 59, those of you in san jose, oakland and concord are in the low 60s and the sun set was 17 minutes ago, but you gain the hour in the morning. Kpix5 hidef doppler is dry now. 48 hours from now well see some rain approaching the north bay and then working its way south wednesday night into thursday morning. So where is that frost going to be . In and around fairfield we could see a little patchy frost, in and around santa rosa and also in and around the tri valley. The actually cities will stay well above freezing, but get away from the urban core and we could go down to 34 or 33 degrees, 40s elsewhere including 46 in oakland and 42 in san jose, so a chilly night tonight. Theres a strong low pressure area passing by to the north heading toward the Pacific Northwest where they will get pummeled with a lot of rain and snow. We get a glancing blow once again but another 1 4 to 1 2 inch of rainfall will arrive wednesday night. Lets talk timing. Futurecast 9 00 tomorrow morning, nothing but sunshine. Tomorrow afternoon well begin to see cloud cover move into lake and mendocino county. Wednesday well begin to see clouds moving in. By wednesday afternoon were cloudy, wednesday 8 00 steady rainfall north of sonoma, north napa county that will work its way south overnight. I think the wettest time will be just after midnight thursday morning as that front leaves the north bay, crosses the golden gate and heads towards the peninsula and eventually the east bay and the south bay. Were talking about 1 3 inch of rain for san jose, about 1 2 inch around santa rosa, rain coming wednesday into thursday, mainly dry between now and then. North bay rain begins wednesday evening and it could be steady rainfall. Wednesday it also gets windy and the leaves will be blowing off the trees and around your yard. Sunshine tomorrow, another chilly day. Fremont 65, napa 64, San Francisco 61, Mountain View tomorrow 65 degrees. Late wednesday north bay gets the rain, thursday morning the rest of us get the rain. Dry friday, dry saturday and dry most of sunday, so more north bay showers by sunday evening. Every two or three days we are getting a rain chance. Thats your forecast. Well be right back. My name is Valerie Decker and im a troubleman for pg e. I am a First Responder to emergencies 24 hours a day, everyday of the year. My children and my family are on my mind when im working all the time. My neighbors are here, my friends and family live here, so its important for me to respond as quickly as possible and get the power back on. Its an amazing feeling turning those lights back on. Be informed about outages in your area. Sign up for outage alerts at pge. Com outagealerts. Together, were building a better california. Take a look at this. Its one of princes many custom guitars and it just sold for 700,000. Beautiful. Prince used the teal blue cloud guitar on stage in the 80s and 90s until he donated it to benefit the 1994 los angeles earthquake relief. The highest bidder has not been named. Wow. Thank you for watching tonight at 5 00. Ahead at 6 00 a top democrat in sacramento losing support, his leadership role in jeopardy after Sexual Assault allegations. Allen and veronica are back in 30 minutes. Capt ored by cb ioning sponsored by cbs dy somebody ran in there and started shooting everybody. R glor a smalltown church mes under attack. H one of the victims came out running from the side, and he was all bloody from his arms and his face. Weve had a long night with our children and grandbabies that we have left. Gh glor also tonight, the search for a motive. There was a domestic situation going on in this family. This isnt a guns situation. Mental health is the problem here. Glor the heroes who chased down the killer. I wish i could have gotten there faster. Glor and has america grown camb to Mass Shootings . Americans are being slaughtered and congress is refusing to protect them. This is the cbs evening news