Foster being cited for eating a sandwich on a platform while waiting for a bart train. Bart police say they arrested foster after he became hostile and belligerent, using curse words and homophobic slurs toward the officer. When barts general manager issued in apology to foster and bart writers for how the situation unfolded, it did not fit well with bart police and bart board of director, deborah allen. For the police officers, it is very demoralizing for our general manager to come out and sayto apologize. Reporter in a phone interview, pete garcia, president of the bart association called the apology a setback. I think it is a setback, not only from a Media Relations standpoint, but when the men and women dont feel like they are supported by the head of the agency. Reporter what do bart riders make of all of this . A sound like a mixed message. But especially when over the weekend bart director janice lee joined and eat and to protest the sandwich incident. That was really a horrible thing for her to do. It further confused people about whether they should obey the law or not. Is its confusing now . Know it is not. You are not allowed to eat, drink, smoke, play loud music, or ride skateboards. When i came over, i had water. Reporter late today, the head of the bart police tells me he had a closeddoor meeting with the bart general manager to discuss what happened. Was it a bad pr move, do they need to get on the same page, they both decided they will move together on this issue and have it be a solid front instead of what happened four days ago. We will see, only time will tell. In dublin, juliette goodrich, kpix 5. A east oakland neighborhood reeling from a shooting that left a pregnant mother that and put her husband in the hospital. It happened on 65th and macarthur. Live at Police Headquarters with reaction tonight, ondrea . Reporter veronica, there is sadness from one School Community after one mother who was so dedicated and devoted to making sure not only her kids, but other kids in the neighborhood were taken care of at school is suddenly gone. Tonight, two boys are without their mother after she was gunned down to saturday night next to her husband, who was also shot. Misty smith walton, who was six months pregnant with a baby girl died at the scene. We are just praying for their family, for the boys, for the entire family. They lost their mommy over something dumb. It was senseless. Reporter walton was in her second year as pta president at carl Mark Elementary School and was dedicated. She was known on campus as miss misty and would do anything teachers or administrators asked of her. This hurts the city of oakland. This really hurts our community. This is someone who was doing the right thing, making a difference not only in her own kids lives, but the lives of the cave there at the school with her. Reporter for psychologist were on campus today available for the kids that have grown to love her. She used to be a part of giving out the certificates when the kids get awards and stuff. So, she asked me what happened, and i told her. Reporter the shooting happened near mistys car. Neighbors say it may have been related to her car getting broken into. Neighbors say the scene scare them on what is typically a quiet street. Several of my neighbors called to see if i was okay and relayed the story of what went down. Reporter now, mistys husband is still in the hospital tonight, recovering from his injuries. Those children are with family members tonight and opd says they are not commenting yet on the status of this investigation. Live in oakland, ondrea borden, kpix 5. Shawn williams was with the San Jose Department for 26 years before getting sworn in as new police chief. He will have his work cut out in Building Trust in police after a series of high profile incidents. The most recent incident, the fatal officer involved shooting of willie mccoy, killed last february when six officers opened fire on his cart at a taco bell drivethrough. Chief williams told the crowd who came to the swearing in, i am committed to listening. Hundreds of bay area students walked out of class today to support daca as the president s bid to end protections from young immigrants reaches Supreme Court. Daca protects nearly 700,000 young immigrants brought to the u. S. Illegally as children. Many of them are now in college, they are students, and working professionals. Kpix 5s Linda Ramirez is live in san jose where High School Students walked out of class to support the dreamers. Reporter that is right, they did walk out of classes today. For that, they will face consequences, but they said it was important for them to come out and make their voices heard. This group of students from james Lake High School in East San Jose left their classrooms and walked for miles to enjoy the demonstrations in support of daca. They were one of several schools throughout san jose to walk out. I will probably get in trouble, but who cares . I would rather stand up for my people. Reporter today, the superintendent of the east Side Union HighSchool District said the walkout came as a surprise to administrators. An we may follow them to make sure they are peaceful, they stay on the sidewalk and are not walking in the streets. Reporter he says the students will face detention for missing classes. We want to make sure they have a safe place to develop their student voice, and to be activists, but at the same time, they have a responsibility to be in school. Reporter the students all gathered at Hillview Park to urge the Supreme Court to preserve daca and allow more than 800,000 young people whose parents brought them to the u. S. When they were children to stay here and avoid deportation. It feels very scary. Every day, you wake up and you dont know if your life is going to get taken away from you. Reporter ari is a High School Senior and daca recipient who has been in the u. S. Since she was six months old. Now, planning my future, all of that, really wanting to go to college, thinking about me not wanting to be there for my family breaks my heart. So, it is very, very hard when you have to do all of that in all of this pressure is on you, not just with school and work, but to think that you are going to go back somewhere you dont know. Reporter ari is a dreamer who says her dream is to be a teacher like the ones who helped her, that is if she gets to stay in the u. S. I feel like if this program that i worked so hard for gets taken away from me, i will feel empty. Reporter now today, the Supreme Court did hear oral arguments both in favor and against daca, but a decision is not expected for several more months. Reporting live in san jose, trenton kpix 5. Will 10,000 be enough to convince you to pack up and leave the bay area for a job somewhere else . Coming up, we sit down with a tech ceo and hear his sales pitch. Plus, a community rally leads to awkward moments between san franciscos mayor and the new District Attorney. And the cleanup begins after the kincaid fire. This part is free. What homeowners will have to pay for. And have you seen the mold yet . Look at the view from our camera looking off toward the east. A full moon tonight. It is having to peer through some leftover clouds. We will talk about how that changes the forecast for us a bit. There is a small chance of drizzle on thursday. More on that in a bit. A little bit of tension in san franciscos chinatown this afternoon as the mayor and some to be District Attorney made their first public appearance together. Emily turner shows us together might actually be a bit of a strong term. It was an interesting exchange. The District Attorney did appear to be keeping an eye on mayor london breed from apart. As you know, he defeated her preferred candidate to win last weeks election. Community leaders called the event to demand action to chinatown seniors after a violent attack that happened this weekend. In her comments, the mayor made a point at one end out with the new da should do about it. Now, it is up to the District Attorneys office to hold the people that are the perpetrators of these crimes accountable. Is the number one priority for my administration is to enforce the laws with regards to serious and Violent Crimes like this one and hold people accountable, not just in ways that signify the severity of the crime, but also in ways that break the cycle and prevent this sort of thing from occurring again in the future. Boudin is the son of antiwar radicals who was sent to prison for murder and ran on a promise to reform the print terminal justice system. His swearingin date has not been set yet. It seems like bay area Tech Companies cant bring workers in fast enough to support their explosive growth. Check this out, one Silicon Valley startup is bucking the trend. Kpix 5s devin fehely reports they are paying workers to leave. The animating principle of this new company if it has become too expensive to live and work here in the bay area. They are now trying to entice people to consider jobs outside the area. It is an incredibly expensive place to live. This actually is not very sustainable. Reporter doug lalo, ceo of tech startup, main street, thinks he may have a solution. He wants to pay you 10 grant to say goodbye to the bay area, to leave and go somewhere else you can work remotely, basically anywhere with a laptop or cell phone, and a reliable connection to the internet. The 10,000, although a lot of money, is not actually what people are mainly concerned with. You have people concerned with i want to buy a house, better schools for my kids. In the application, we let people say why they want to move. Reporter main street would connect jobseekers exiting the bay with companies here. That is just providing people an alternative to work from home, also contribute. It is a good idea. Reporter the only flaw in the design, 10,000 may not be enough to lure tech workers away from the bay. That is pocket change to people who are actually working in the industry here in Silicon Valley. I think anyone that wanted to do it already, 10,000 is just icing on the cake. Reporter there are downsides to working remotely. There is a statistic that 50 of people within six months want to quit their job. If you are isolated. Reporter main street plans to use videoconferences in shared workspaces like citizen sacramento, salt lake city, and portland to lessen that isolation. Once again, the company says its longterm goal is to create hubs in cities like sacramento, salt lake city, and portland. In san jose, devin fehely, kpix 5. Recovery efforts began today in the footprint of the kincaid fire. Sonoma county did an emergency household Hazardous Waste sweep of all the properties destroyed. Crews removed by pesticides, batteries, propane tanks, paints, and the likes. That phase is paid for by the county at the cost of 750,000, hoping for reimbursement by the state. Here is our local forecast. The headline right now is that we may have rain . [ laughter ] i dont know if i can use the word rain. [ laughter ] it is not going to be a lot. It is a sprinkle on thursday morning. It has been so long since we have had the possibility to talk about it. That is going to be my focus here in the forecast once i get through some housekeeping. We got to talk about numbers first. Right now, we are warm. 79 today for santa rosa, 77 in concord. Those numbers are about 10 to 11 degrees above average for this time of year. San francisco, not so far above average. Oakland, not so far above average. If you get near the bay or golden gate, temperatures pretty close to what they should be this time of year. We feel it here, look at how warm we will stay overnight. We dont necessarily feel it in the valley. Santa rosa going down to 42 tonight. We will go down to the upper 40s for some inland locations. These are a little lower than today was. It is a subtle cooling trend that starts tomorrow. You probably wont even notice it. It is thursday when you are going to notice it. By thursday, temptress, down to average. Look, we have got a layered cake of clouds today. High clouds clearly streaming overhead. You can see the milky white look to the sky. Then, we got a very healthy batch of marine layer sitting off the coastline, trying to get off the golden gate. The high clouds are being driven in part by the leading edge of the system. Does not look like much on a regular satellite, if we look at the water vapor, you can see our clockwise spin right now is getting blocked. High pressure is keeping us warm. Watch what happens over the next few days. That low clears the high outof theway, then we start to notice more of an onshore flow. This starts to allow it. Not only the clouds, also a little bit of rain perhaps maybe a sprinkle or two along the coast with that system right here. That is thursday morning. That is the highlight. This is not a lot. By the time we get to 9 00, it is done. We dont really get a lot of rain out of that at all. If you look at the rainfall totals, that did not even bulge at the gauge. By the time we get to 10 00 on thursday, it is complete history. Look at what it does to the seventh day. Those numbers are average. 68 degrees and cloudy, that is a typical day. What you have been experiencing for the last week is not. And, you will be back here for the weekend. We will be sunny by the time we get to the weekend. Guy, back over to you. Colin kaepernick gets a call from the nfl, but are the teams ready to pick up that phone . And the 49ersseahawks rivalry is back after last nights instant classic at levi stadium cbs evening news is coming up. Norah odonnell joins us live with a preview. Tonight, our series profiles in service. Our veterans are getting scholarships for sharing Battle Tested wisdom. That story and more tonight on the cbs evening news. Kpix 5 weather is sponsored by mancini sleep world. Come in and save big during mancini sleep Worlds Largest sale ever. Visit sleepworld. Com. Here is a look at tonights kpix 5s prime time lineup. Brought to you by mazda, feel alive the 49ers lost their first game of the season last night. They went the full 70 minutes against their old nemesis, Russell Wilson and the seahawks. I definitely felt like the old days of the seahawks and 49ers going back and forth. This sports cost is not nearly long enough to recap all of the backandforth that occurred. In overtime alone, p. J. Greenhalgh, picked off wilson. Jason mclaughlin drilled a 47 yarder at the end of regulation, missed a game winning field goal. Both teams traded three outs. Wilson used his legs to set up jason myers for the gamewinner as time expired. Seattle improved 82. Just one game behind the 49ers for the division lead. Ben i think this takes the cake. This is one of the most emotionally draining games on the a part of. A reality check for us. At the end of the day, you want to win these games to give yourself a great playoff season and give yourself a chance. Rivalries are not created in a regular season. Defensive lineman ronald blair tore his acl, he is going to miss the rest of the season. Joe staley, who just returned from a broken leg, dislocated his finger. He might need surgery. Emmanuel sanders has bruised ribs, cal hopes to have sanders and george back on sunday. Of all the big plays last night, this was the craziest, wilson under pressure, the ball inside with the offense lineman who tried to run with it. Bad idea. They scooped it up and scored the first touchdown since high school all of a sudden, i saw one of the alignment take the ball from him. I was wondering what is this dude doing, you know what i mean . What is he thinking, you think he is going to score. He was doing the heisman and all of that, that was terrible. And the nfl will host a private workout for Colin Kaepernick saturday in atlanta. All 32 teams are invited to attend. Kaepernick has not played since 2016. Finally, keep an eye on the fan in the red beanie behind the guy holding the ice cream. He steals his cone. [ laughter ] i am going to place that on the ripleys believe it or not a good move. [ laughter ] nice work. We will be right back. It takes a village to raise a child. To build a bridge. To throw a baseball. To throw yourself into the unknown. To lose fear, to create hope. We believe that it takes a village of over 200thousand dedicated, passionate, driven medical and nonmedical professionals to deliver on our belief in total health for all. We are kaiser permanente. Thrive. Well i didnt choose metastatic breast cancer. Not the exact type. Not this specific mutation. But i did pick hope. And also clarity. By knowing i have a treatment that goes right at it. Discover piqray, the first and only treatment that specifically targets pik3ca mutations in hr , her2 mbc, which are common and linked to cancer growth. Piqray is taken with fulvestrant after progression on hormone therapy and has been proven to help people with a pik3ca mutation live longer without disease progression. Do not take piqray if youve had a severe allergic reaction to it or to any of its ingredients. Piqray can cause serious side effects including severe allergic and skin reactions, high blood sugar levels and diarrhea that are common and can be severe, and lung problems known as pneumonitis. Tell your doctor right away if you have symptoms of severe allergic reactions or high blood sugar while taking piqray. Your doctor will monitor your blood sugar before you start and during treatment and may monitor more often if you have a history of type 2 diabetes. Before starting, tell your doctor if you have a history of diabetes, skin reactions. Are pregnant, breastfeeding, or plan to become pregnant. Common side effects include rash, nausea, tiredness and weakness, decreased appetite, mouth sores, vomiting, weight loss, hair loss, and changes in certain blood tests. If youve progressed on hormone therapy, and have a pik3ca mutation. Ask your doctor about piqray. A lot of us rely on a little caffeine to get through the day, right . Or a lot of caffeine. [ laughter ] so, one cup too much, you might get the jitters. One pair of uc berkeley seniors just founded a new coffee drink that would get rid of those unwelcome side effects of caffeine. Caffeine is a vascular constrictive and to counteract it, they added different amino acids to the coffee. I kind of like the jitters. I like the jitters too. [ laughter ] quokka brew sold for 3. 50 at the school collective. Otherwise, how do you know it is working . [ laughter ] thanks for watching. The cbs evening news is next. We will be back here, kpix 5 news at 7 00 p. M. We will see you then. Captioning sponsored by cbs odonnell breaking news tonight the arctic freeze gets worse. Recordlow temperatures and recordhigh snowfalls. A 50vehicle pileup in ohio, and hundreds of flights canceled. Were in one of the hardest hit areas. Fighting for Justice Odonnell also breaking tonight, protests at the Supreme Court and in major cities as nearly 700,000 immigrants wait for the Supreme Court to decide if they will be deported. I hope that the justices can see our humanity. Odonnell plus, the Supreme Court rules the families of sandy hook Elementary School shooting victims can now sue a gunmaker. On the eve of televised impeachment hearings, cbs news has the republican playbook for