May be in short supply. Is there enough around . Reporter i did some spot checking. I did some random pics out of the cvs pharmacy. You hear about shortages here and there across the country right now because the flu is spreading. Other places that have run out another places will have it. Stay healthy. A man who was cleared of murder charges in the shooting death in the shooting death is in federal custody. He is inside the glenn dyer jail. He was transferred here after he learned his sentence for his only conviction in the death of this woman. Reporter he got the maximum sentence for his conviction for being a felon in possession of a firearm three years in state prison. Since he has been in jail since kate steinle was killed in 2015, he has been out with time served. The District Attorney speaks. His fate is in the hands of the feds. Less than a week after his local conviction a federal grand jury agree a federal grand jury indicted him. This is a vindictive prosecution. Reporter public defender jeff a dodgy. We have the president and attorney general who are really spitting in the face of justice. When he was acquitted of murder, it reignited the furor of critics who said steinles death shows the need for tougher immigration policy. The defendant had been deported five times and was in line for another when San Francisco officials released him from jail several weeks before the shooting. A product of the sanctuary policy in that city. I think it was hard for people on either side. Reporter he is facing up to 10 years in federal prison before deportation if convicted. Kpix5. Three jail guards convicted of beating a mentally ill inmate to death will be locked up for more than one decade. The jury found all three guilty of seconddegree murder last year. They killed the inmate Michael Tyree in 2015. The guards were sentenced to 15 years to life in prison. Prosecutors say the man was the man sustained extreme injuries. His spleen was nearly severed into. The defense argued that he committed suicide. All three inmates have already filed appeals following todays sentencing. A man suspected of plotting a Christmas Day attack in San Francisco was in court today. Everett jamison was pleaded not guilty to terror charges. Investigators say the former marine planned on detonated homemaking bombs on detonating homemade bombs by before shooting passersby with an assault rifle. Deputy story that attack. He will be back in court in april. Police have arrested a man they say sexually assaulted a san jose teacher in her classroom. 23yearold andrew brock is facing charges for robbing the teacher at parker middle school. On School Surveillance video, hes roaming the halls before the attack. It happened before classes began on tuesday morning. He lives then less than half a mile from the campus. He made an offer to surrender only to buy time to try to get away. They tracked him down in San Francisco and arrested him last night. This was the consequence. He had the choice to surrender immediately or be taken into custody. He had cut his hair over the last few days to change his appearance, he is facing five felony charges. The Christmas Day gunman is under arrest. Police say 27yearold Javier Walton fired shots as an unsuspecting driver while wearing a santa hat. He faces multiple felony charges. Police say the victim was not harmed. A wet commute today. A timelapse of the rain coming down. From dark clouds moving across the area as well. Heres what it looked like on the bay bridge. Wipers going by, drivers trying to allow for more space with wet pavement. Our chief meteorologist checked the high death doppler the High Definition doppler. Its quiet this evening but most of it is light. Moderate rainfall toward the trivalley, dublin, and livermore. Working its way toward the northeast near napa county. How much rain is falling . Santa cruz mountains received an inch and a half. In between San Francisco, the seventh of an inch in castro valley, one third of one inch of rain. We only had rain on two of those days in december. We had rain in january more days out of five then all of december. There are two very wet days coming up in the sevenday forecast. A new book about the Trump White House is a hot seller. A customer snapped up every copy at a barnes noble right after the store opened. The book is also the number one seller online. The publisher released the book fire and fury today despite threats of a lawsuit from the president. The author is trying to defend himself against white house attacks. Reporter this book has sparked a war of words between the president and the author. The president says the book is full of lies and that will never had access to the white house to conduct these interviews wears wolf says wears wolf says he has proof that he did indeed have access. He is standing by his work. I have recordings, notes. Im certainly and absolutely in every way, comfortable with everything ive reported in this book. Mac the president is attacking the book saying you did not authorize access to the white house and never spoke to the author of the book and that it is full of lies and misrepresentation. Michael will tell today show tells the today show that the president is wrong. I absolutelys broke i absolutely spoke to the president. It was not off the record. Reporter the president stride the president tried to stop the release of the book. Regardless of whether there is a lawsuit, they should be concerned about peddling fake stories and putting out information that is untrue. Reporter the publisher move the books release date from next week to today. Siding unprecedented demand. Not only is he helping me sell books but prove the point of this book. I mean, this is extraordinary that a president of the United States would try to stop the publication of a book. Reporter fire and fury is at number one on amazons bestsellers list. We should note that some of wolfs past writings has been scrutinized and challenged for accuracy and for attention to detail but as you heard, he said his interview in the story, he claims to have recordings, hours of recordings of some of the 200 interviews he says he conducted for this book. Those recordings would obviously cooperate the claims made in the book. But, what he has not said is whether or not he is ready to release those recordings. Im curious, what does the book say about the president s daughter in banca the daughter the president s daughter and sonin law . Reporter he gave an anecdote of the chief of staff when he took the job and he sat down with the president who evaluated the president s daughter and husband. They ultimately ushered them out of their roles in the west wing and quickly found out that the president was very satisfied with their work and actually had hopes to one day elevate his soninlaw to secretary of state and was hoping that his daughter would one day run for president. Live at the white house tonight live at the white house tonight, thank you. The New York Times is reporting that the president demanded that attorney general Jeff Sessions stay in charge of the case. But, sessions recused himself anyway and when the president found out he reportedly erupted in anger saying that he needed his attorney general to protect him. The president showed frustration in a later interview. He should never have recused himself and if he was going to recuse himself he should have told me before he took the job and i would have chosen someone else. Its unfair. That the mild word. The president told the white House Counsel to try and stop sessions from withdrawing from the investigation. That lawyer spoke to sessions but could not change his mind. Twitter is answering to critics who are pressuring the company to block the president s account. Without mentioning the president by name twitter said in a blog post blocking a world leader from twitter or removing the controversial tweets would hide Important Information people should be able to see and debate. An activist group in San Francisco projected phrases on twitters headquarters reading, trump dog whistle. Its been a record wes its been a record week on wall street. The dow closed up 220 points. Tech stocks were the biggest stars of the opening week of 2018. A little bit of Christmas Today and santa cruz. Why organizers say this nativity scene is a huge legal victory. It looks like it will be a done deal by tuesday, raiders fans sound off. A big nogo. People steamed over the idea of a starbucks at yosemite. Cbs eye on the community. Presented by target. Art and history spark connections across cultures, igniting curiosity, conversation, and inspiration. Thats why target supports the Asian Art Museum in San Francisco. The asian museum is here to make asian arts and culture relevant. The reality is we all have a story to tell. Its what makes us who we are. Cbs eye on the community is sponsored by target. London breed filed election papers today to run in the special election. She became acting mayor last month. After the dea San Franciscos acting mayor is an official candidate for the job. They filed those election papers today to run in the special election. She became acting mayor last month after their the dead of edley. Some critics say the leadership roles could conflict with each other. She says she wants to tackle the citys homeless crisis, another quality of life and other qualityoflife issues. Shes competing with mark leno, jane kim, and special and a special election will be held on june 5. A report on the dam emergency from last year. They blame longterm and systemic problems for a near disaster. The main spillway broke apart last winter. Now, a panel of forensic investigators say state officials and regulators failed to recognize inherent flaws in the spillways design and construction. They say as cracks appeared over decades, the focus should have been on reconstruction and not routine maintenance. Some residents are still angry. Review it, i think perjury prosecution needs to be initiated. I think some people need to go to jail. This has got to come to an end. Investigators not recommending anyone be fired but they say the department of Water Resources should have a point person for dams safety. Some yosemite regulars are saying no thanks to a starbucks in the national park. The coffee chain would have a location inside of a food court at the yosemite lodge. They started a change. Org petition which has more than 5000 signatures. The position the petition says there is concern that the park will lose its essence and will become indistinguishable from a commercial city. The vendor that runs concessions at yosemite is pushing ahead. Who needs a tow truck . A test loner came to the rescue during a recent winter storm back east. A semi truck needed help being pulled from the snow in north carolina. Instead of the toe, a tesla electric suv came to the rescue. You could see it here as the model s pulled the semi away. The raiders are said to hire john gruden. It will be his second go round. Raiders fans are feeling good about the teams chances with gruden in charge. Reporter check out the marquis here. It says welcome home john gruden. Overall, a lot of excitement, jubilation, and more confidence about john gruden ringing the raiders back to the playoffs. We are do to win. Reporter chucky is back and fans are sure he will bring back the intensity. Its fun to see that fire and energy that he brought. I think it was the biggest mistake. Reporter the raiders are expected to make the john gruden higher official. Every raiders fan i spoke to today says the team should improve under the new leadership. Im looking forward to it. Reporter the raiders are set to pay gruden a total of 100 million over 10 years. Even some loyal fans are shocked by the amount. Overpaid 10 years, thats too much. Win a super bowl, then you get the 10 million. Reporter fans think he will take the team to the next level. You gotta play for the best you know . Discipline, inyourface, behindthescenes with each player. They get two or three extra wins. Reporter fans say while they are excited about the higher, its bittersweet given that the team will leave oakland in a couple of years. Were not getting him back. Las vegas is getting him back. Reporter they hope oakland will win the super bowl for the team before the team moves. There waiting to see that intensity on the sidelines. [ laughter ] gruden is back. 2018 optimism for the raiders. Heres my chucky face here. Thats as close as i could do it. It something only john gruden could do. I grew up in east oakland and thats always one thing i will remember about john gruden when he was coaching here in the late 90s and early 2000s. Overall, a lot of fans are sad to see jack del rio go but are excited about the return of john gruden. Live at rickys in san leandro, kpix5. Its a historic billion dollar weekend for lottery players. 450 million are up for grabs in the mega millions. The drawing is hours away. Tomorrows powerball jackpot, its worth 570 million. Convenience stores are filling up with people hoping to strike it rich. I would put it in there in cash. I would get myself a cadillac dts. [ laughter ] its the First Time Ever that both lotteries have climbed over the 400 million mark. A nativity scene was set up today in santa cruz. The simple display represents a legal victory for one religious group. Reporter the groups initial request to display than a nativity scene inside of the Santa Cruz County government building was denied for safety reasons. I think they use safety reasons as a cover to mask the air agenda their agenda. Reporter a group of christians calling them the Nativity Scene Committee believes the county frowns upon religious expression of any kind and try to bar him from putting his name or stamp on the public. Theres no doubt about this. So, people might hear about jesus but they dont know much about him. Reporter the chicagobased thomas more society intervened on his behalf and he was allowed to put the scene up outside of the county building, a location officials insist has always been reserved for free speech. The reaction to the display was mixed. Everyone has rights to display their belief. Of someone wanted to come out with a different religion, and they allow you to express your right, thats the boundary that is tricky. I believe as long as it tolerance to all religions, i think its acceptable. Reporter the most important and hardfought victory for religious freedom according to this man. Certainly we dont want the government to be endorsing any one particular religion. Coming up, San Francisco is hours away from selling recreational marijuana. Why the dispensaries say there is a cloud of confusion. Its time for sleep numbers lowest prices of the season on the only bed that adjusts on both sides to your ideal comfort, your sleep number setting. And snoring . Does your bed do that . Its the lowest prices of the season on the queen c4 mattress with adjustable comfort on both sides. Now only 1199, save 400. Ends soon. Visit sleepnumber. Com for a store near you. Thanks for watching at five. Its a mild and humid friday evening. In san jose and santa rosa, cloudy skies with range with the rain unfinished. San francisco is at 54 degrees. Another mild one. Forget the 30s, down to close to 50 in fremont and oakland. Cooler in the north bay. Speaking of the north bay, look at the rain in and around sonoma. Also vallejo and scattered showers off the san mateo coastline as well impacting pacifica and Half Moon Bay within the hour. We need a big turnaround. We need to get back to normal by the end of february, we would need 67 more rainfall than what is normal. Thats a tall task but i tell you what, early next week will help. Scattered showers, the weekend will be mainly dry. Next weeks storm, off the gulf of alaska. We get some rain and mountain snow fall. The next weeks storm teaming up with a tropical connection. Rich moisture in the atmosphere meeting up with this, not only rainfall it means a steady soaking rainfall. Noticed the clearing on saturday at 8 00 in the morning. Clouds pushing toward the south. Most of saturday if not all of it is mainly sunny and dry. Sunday morning starts off dry and sunny. Cloud coverage moving in by the evening. Monday morning, the commute, kids back to school. Steady soaking rain for 36 hours. Future cast predicting up to four inches of rain in the santa cruz mountains. Southbay up to one inch of rainfall. Double that for the east bay. The northbay could see 13 inches of rainfall. Scattered rain this evening. Soaking rainfall moves through monday and tuesday. Highs tomorrow right around 60 degrees with sunshine. Oakland at 67 degrees. Napa at 62 degrees. We are dry over the weekend, soggy on monday and tuesday and perhaps another prolonged dry spell. Rain moving in early next week. Veronica and i are back in 30 minutes. Thank you for watching tonight at five. The cbs evening news is back. Captioning sponsored by cbs glor frozen in place. Digging out of mountains of snow as wind chills across much of the country plummet. Also tonight. Whats the day been like for you guys today . Cold glor Baltimore School children shiver in classrooms with no heat. Its inhumane for these children. Glor from the cold to the flu the number of cases is up sharply. The f. B. I. Is investigating the clinton foundation. The brain injuries are the same from the battlefield to the football field. And Steve Hartman with the best Christmas Gift ever. Its not a gift that can be wrapped in a present. Its like a miracle