Of the neighborhoods for the gunman continues. One dead two wounded, one serious. And, of course, well be checking back on this and bring you updates as they come in. Back here tonight, fans are streaming in for the 49ers preseason finale taking on the chargers one hour from now in a game that you will only see right here on kpix 5. Some fans have been tailgating for hours already. Tonight is the first game during a workday and the question has been, what will this do for the already bad traffic in the Santa Clara Valley . Mike sugerman is in the Stadium Parking lot right now. Mike, hows it looking . Reporter well, its looking good and can you spell that . Oh, my gosh can you smell that . Oh, my gosh, whats that . Marinaded chicken. Reporter they are playing the chargers. You guys are brothers . Yes, we are. Reporter youre fighting brothers right now. What time did you get here . We were here about 2 30. Reporter thats one of the reasons the traffic may not be as bad as you might think. A lot of santa clara is not here and a lot of people showed up early tonight. Plenty of ways to get in and around santa clara today but chris wont be using them. Today im working from home. Reporter normally he works tech support in one of the big office parks in santa clara. But among his neighbors is levis stadium and levis stadium is a very popular neighborhood spot tonight. Should i have gone to work, i would probably have to leave before 2 00 to avoid the traffic or parking lot situations at the stadium. Reporter anybody here working today . [ pause ] reporter anybody here . This complex on tasman drive crickets. Alpha networks. One guy in there. Near empty offices and plenty of room to park at the complexes we visited. Going to be a challenge today. Reporter among those who didnt have the option of working at home, u. P. S. Driver levee luna. I just got to work around it get creative, you know, maybe deliver the stops that are closer to the stadium first and then work my way this way. Reporter the game doesnt start until 7 00. But heres why locals didnt want to be around all day. How was the traffic . Not bad. Reporter its 3. 5 hours early its 2 45. Reporter what are you doing here . We were here at like 12 45 actually. But its football season. We dont care if its exhibition or not,. Reporter practicing their tailgate for the regular season. Chris wont be enjoying barbecue. He will be happily watching at home after his workday at home. This is the newest jersey jarryd hayne from australia. Im an australian. Reporter wearing the australian jersey. Yeah whoo reporter brandnew. All right. This was the first time there was a game during the week in three weeks in three weeks on the 22nd there will be a monday night regular season game. This is a regular test. Who is going to win . 9ers, baby, whoo reporter could have figured that. In santa clara, mike sugerman, kpix 5. Thats what it looks like where mike is. This is what it looks like from chopper 5 looking down. You can see, yeah, a lot of cars have already moved into those parking lots. More people on the highway and surface streets. It will be busy in the next hour or so. The whole south bay is jammed. Some of that is regular 6 p. M. Commute traffic and some is game traffic. But it spells slowdowns for a lot of folks especially along 101 and 237 near santa clara. Now as for the game itself, it is the last dress rehearsal for the 49ers and their new head coach. After this, every point counts. Kpix 5s sports director Dennis Odonnell is live for us inside the stadium right now. Dennis. Reporter veronica, i just heard sugermans report. He stole my thunder yeah. Hayne is the hottest thing going right now. Its rare that you got a jersey before a player makes the football team. But the word on the street is that number 38 is going to be on the regular season roster. 53 player roster for San Francisco now. The australian exrugby star leads the team in the rushing and has arguably been the preseason mvp. He is being hounded by the australian press. They have 20 people here to cover him last game. Theres been a report that he is a lock to make the 53man roster but the 49ers deny that. I spoke with him recently. Whats been the most difficult transition from rugby to the nfl . Oh, i think the whole game in general. Im still getting used to my pads and running off the blocks and the right, um, you know, i run plays and what not so a whole bunch of things probably not just one single area. I think the whole game in general. Im just trying my best every week and studying and, you know, just really enjoying the process. Reporter now, i didnt realize it at the time but that oneonone interview, veronica and ken, is the only one that jarryd hayne has done because he contracted to do a documentary so he is not doing oneonones so next time im going to say exclusive. Bring that jersey back. We want that here. Reporter oh, yeah, ill have him autograph it for you, veronica. Thank you. Dont forget to watch the game right here on kpix 5 at 7 00. Dennis is back tonight at 10 00 for the 5th quarter postgame show and if you are looking for cbs prime time lineup check out our sister station kbcw 44 cable 12. Nightbeat will be preempted. There is other news to talk about tonight. Three correctional deputies are accused of killing a jail inmate. Santa clara county jail deputies are under arrest after a coroner found evidence of bluntforce trauma. Sources told our len ramirez theres strong evidence there. Lenny. Reporter well, thats right, ken. Some of the evidence includes Video Evidence not of the actual beating because that allegedly took place in the cell and theres no camera coverage in those cells but of the common areas and the events leading up to the beating. Im also told that there are multiple independent recorded voice accounts of what happened from some of the inmates in the area about what they saw and what they heard and what they reported to their own family members on telephone calls that were made after the event as you may know, all of those telephone calls being recorded by the jail itself. So this evidence put together shows what may have happened in the events leading up and afterwards of this incustody killing. I want to express my profound sorrow over the loss reporter the sometimes emotional news conference, the sheriff conveyed condolences to the family of inmate Michael James tyree and condemned what she called a violent and cowardly act by three correctional deputies. Matthew farris, jereh lubrin and Rafael Rodriguez were all arrested this morning on suspicion of murder. Each accused murderer was booked, fingerprinted and photographed at the Santa Clara County main jail. The very same jail where they are accused of taking the life of an inmate they swore to protect. Reporter tyree was found dead in his cell thursday last thursday naked lying in feces and vomit. Video shows them entering the cell where they are accused of beating him to death reportedly over his refusal to take medicine. There were internal lacerations of the liver and spleen with significant collection of blood in the abdominal space, that resulted in the death of mr. Tyree. In short, he bled to death internally. Reporter tyree was in jail for petty theft and drug charges. He was due to be released to a Mental Health facility but remained in jail only because none were available. They beat this guy to death. Training isnt the issue. The issue is their conduct. Reporter paula canny is the tyree family attorney. Their conduct was outrageous nobody should beat somebody to death and then leave them in their feces and vomit unattended for an hour. Reporter after the correctional deputies were processed here in Santa Clara County, they were taken to Alameda County and they are in protective custody tonight as this case moves forward. Reporting live in san jose, len ramirez, kpix 5. South bay congressman mike honda has been dogged by questions about his ethics for some time and tonight a congressional report says yes he should be investigated further. Kpix 5s devin fehely is at the congressmans office in santa clara. Devin. Reporter yeah, congressman honda is locked in a very tough battle for reelection and the public release of this report could deal a serious setback not only to his campaign but his career. The newly released report from the office of congressional ethics concludes that there is, quote, substantial reason to believe congressman mike honda misused official resources including staff time which is paid for with taxpayer dollars to the benefit of his campaign. Right now, the news story is not good. The headline is, ethics violations. No congressman wants to have that headline next to his name. Reporter the investigation also found that congressman honda used official work events to drum up support and money for his campaign. Despite repeated requests for an interview today, congressman hondas staff said he was out of town and unavailable. He did release a prepared statement saying, im rightfully proud of my staff for being extraordinarily hard working Public Servants but they are not flawless. As a result of this investigation, i have instituted one of the most aggressive policies in congress on the use of staff. A Political Science professor says the ethical lapses are about fairness of. Give them an unfair advantage. Incumbents already have significant advantages over challengers and if they also have free staff time because their Congressional Staff who are paid by the taxpayers are working on behalf of their campaign, then that gives them a double advantage. Reporter hondas democratic challenger ro khanna was quick to say mike honda abused the trust placed in him. The fact is this investigation will make it even harder for him to deliver results to the people he is meant to represent. A committee will decide what punishment if any congressman honda will face. In santa clara, devin fehely, kpix 5. Putting the tech boom on the big screen but not through the eyes of just movers and shakers. The good and bad in the new film and the connection to one of San Franciscos most prominent politicians. And homecoming for a hero. The air force airman who tackled a gunman in france getting the royal treatment. A report on what his hometown has in store. Did you feel it this morning . A little chilly outside yeah, used the word chilly. 40s in the north bay. 49 in healdsburg, 49 santa rosa. Mill valley 52 degrees. Mill valley 52 degrees. Its , bills got a very tough 13lie here. Looks like we have some sort of sea monster in the water hazard here. I believe thats a kraken, bruce. It looks like hes going to go with a nine iron. That may not be enough club. Well hes definitely going to lose a stroke on this hole. If youre a golf commentator, you whisper. Its what you do. If you want to save fifteen percent or more on car insurance, you switch to geico. Its what you do. This golf course is electric. [female announcer] through labosave up to 400 onins beautyrest and posturepedic. Get interestfree financing until 2019 on tempurpedic. But this special financing offer ends labor day at sleep train. Tonight we are getting an inside look at how the egg industry tried to take down a small San Francisco startup in a fight over mayonnaise. Cate caugiran with the email that nobody expected the public would ever read. Cate. Reporter ken, we are talking some 600 emails written to and from government backed american egg board. Now, this stuff here is what they are talking about or rather whats not in this jar that you can find at the dollar store, walmart or here at whole foods. Like the label says, its just mayo. If you are the u. S. Egg industry if you cant beat em, hatch a plan to crack em. The usdas american egg board isnt happy about that and is worried that its, quote, a crisis. Reporter emails from the american egg board revealed plans to stop its major threat San Franciscobased Hampton Creek. The food startup makes just mayo an eggless mayonnaise alternative. It has the egg industry scrambling with growing popularity. We have gone to having partnerships with walmart, whole foods, kroger, at record speeds. Reporter in the hundreds of emails obtained by the Guardian Newspaper members of the egg board tried to stop whole foods from selling just mayo and even tried to get a big company to stop making it. The amount of time the board spent thinking and strategizing about how to take this company down does seem a little bit perverse. Reporter josh head of Hampton Creek took the comments with a grain of salt but there were some that stood out. One member of the Egg Association wrote, can we pool our money and put a hit on him . And the Vice President of the board responded, you want me to contact some of my old buddies in brooklyn to pay mr. Him a visit . Yeah, um, that was a pretty strange one to read. Reporter the american egg board responded with this statement. We are aware of the comments made by an american egg employee. While these comments were clearly made in jess they were inappropriate and dont reflect our organizations values. We apologize for any offense. This is an agency of the United States government and theres much more important things to worry about. Reporter well, josh expects the tensions to continue because they are not stopping with just mayo. They are going to unveil new products like just dressing, just pancake mix and just cookie doing and they are also working on a plantbased scramble. So again, expect more at any shen between the american egg board and more tension between the american egg board and the company. A federal judge ordered Companies Like apple and google and intel to pay 470 million to resolve a class action lawsuit. The tech giants are accused of a secret agreement not to hire each others employees. The packet affected the wages of nearly 64,000 workers. Bay area transit officials are urging to you leave your car at home this labor day weekend. Lets go ahead and show you why. Theres no transbay service for bart so bart can do track maintenance. 4th and king closed for the central subway prong and the billy joel concert is at at t park saturday night. Traffic signs are getting smarter in the east bay. Caltrans unveiled their new smart signs today. They are part of a broader smart corridor project. The signs will give riders realtime updates on roadblocks and traffic conditions. Westbound 80 at University Avenue at the end of the year. Crews are battling a fire at clearlake scorching more than 670 acres. It started yesterday afternoon and tonight cal fire says its about 25 contained. There are no mandatory evacuations. All roads are open. This is the third major wildfire in lake county in five weeks. Paul deanno joins us now. Temperatures have dropped. Thats good news. Humidity goes up. Could use rain. Not there yet but when temperatures drops we get closer to the wet season which begins in october and november. Great shop from chopper 5 outside right now. The bay area is fantastic. That would be the south bay. That would be levis stadium. If you just hang out right here on channel 5, after this newscast is finished, we got football. Chargers at the 49ers the weather will be fantastic. Highs in the 60s today. Morgan hill and santa rosa the warm spot at 81. Concord 76. San jose 75. Fremont breezy 72. San francisco 67. Now tonight, look at the north bay. Santa rosa for only the third time this summer you dropped to the 40s this morning you will do it again tomorrow morning. And some spots in the Higher Elevations of the north bay mountains may drop to the upper 30s tomorrow night into saturday morning. San rafael 54 tonight. Fremont 57. Millbrae art and Wine Festival saturday, sunday downtown sunny and warmer. The scottish gathering and games in pleasanton sunny and warm with highs in the mid80s. So we are talking about warm weather for the weekend but chilly now. There must be a transition in place and there is. One more day of this. Low pressure to the north. Counterclockwise flow around it is bringing down some modified canadian air. It will be chilly tomorrow. The low hangs out for one more day. Once it leaves after tomorrow, which will be the coolest and breeziest day High Pressure will return and as it nudges in and muscles that low pressure area out, temperatures rise in the amount of wind well see will decrease. Tomorrow cool especially away from the water. Livermore only 77. It will be windy in the afternoon, too. Vallejo 78. San jose 75. But San Francisco and close to the water since the water is running warmer, you will be pretty close to average. Weekend warmer, by labor day 80s and 90s inland. 70s near the bay. 60s at the coast. Next week well stay warm and well stay sunny. So kind of a little little little taste of fall the next couple of days. Good. Thank you. You might remember this hover board made by a bay area company. Now nasa is tapping them for a new space age project. Plus take a look, Colin Kaepernick warming up on the field as the 49ers get ready to close out the preseason on kpix 5. ,,,,,,, the Tech Industry has changed the bay area continues to change it. Some say for the better. Others say for the worse. Tonight a new documentary premieres that takes a hard look at what tech has done to San Francisco. Kpix 5s joe vazquez is at the sundance kabuki theater. Joe. Reporter ken, hbo femmes is holding this premiere tonight films is holding this premiere tonight for a movie thats asking questions. Good old San Francisco the counterculture capital of the world is in the middle of a pretty drastic makeover. Reporter the film, San Francisco 2. 0, is a first person account by alexandra pelosi, Award Winning director and native of San Francisco. She details the developments changing the landscape of the city she loves. The city lured in the tech giants creating the second gold rush for San Francisco. Reporter Tech Companies moving in, longtime residents moving out. Its my hometown and that means a lot. So to watch it means a lot to me but i think that the rest of the world is watching San Francisco to see how they cope. Reporter she talks to power brokers. We went from 9. 5 Unemployment Rate to 5. 2 in less than two years. Reporter as well as Community Activists like Roberto Hernandez who points to one of the many murals in his Mission District neighborhood. It shows a family being evicted as a more affluent group moves in. We have 3,000 children who are homeless today. You know . And their families. And in a city thats so full of financial wealth today, to me thats criminal. She will find their young talent on these luxury buses. Major sentiment is how do we get the Tech Companies to see San Francisco as their community and not their playground and that seems to be a question that everyone in this town is asking. Reporter i asked her mother, nancy pelosi to weigh in. She doesnt draw a conclusion but she says leaders of this Community Need to come up with a solution. Coincidentally youre one of the leaders. Well, the the thats absolutely right. Shes saying im not offering a solution. This is for the city. When the city, um, enjoys great economic success, um, that should not undermine the character or change the character of the city. Reporter she is the daughter of the House Minority leader. She has made 10hbo films interviewing world leaders. And yet she says none of the Tech Companies would agree to any interviews. The closest she got was ron conway a big investor here in town who basically told her, this is the price of progress. In San Francisco, reporting live, im joe vazquez, kpix 5. Something youve seen on star trek could soon be a reality. Tonight, a bay area startup is working with nasa to create a tractor beam. The company is called arc packs and its based in los gatos. Its working with nasa scientists to develop a device to attract objects like satellites to each other from a distance the. No need for physical contact. Now, if the company sounds familiar, it created these, the hebdo hover board. It uses a Magnetic Field to whoever over certain types of metal. This same technology could help nasa scientists create that tractor beam. [ laughter ] wear your helmet. Coming up in our next half hour, face to face with two burglars. But an 85yearold man does not back down. How his actions have made him a neighborhood hero. Plus, welcoming home this hero. One of ,,,,,,, [female announcer] when you see this truck. It means another neighbor is going to sleep better tonight. Because they went to sleep trains ticket to tempurpedic event. Through labor day, save up to 500 on select tempurpedic sets. Plus, get up to four years interestfree financing. Sleep riskfree with sleep trains 100day money back guarantee. And of course, free sameday delivery are you next . But dont wait sleep trains ticket to tempurpedic is ending soon your ticket to a better nights sleep we continue to follow breaking news right now out of sacramento. A deadly shooting on a college campus. Right now, a manhunt for the killer, police say a shift less gunman shot shirtless gunman shot three people on the baseball field of Sacramento City college. One died. Tonight the campus is locked down. Three correctional deputies accused of killing an inmate at the Santa Clara County jail. According to a coroners report, Michael James tyree suffered multiple Blunt Force Injuries and tonight, matthew farris, jereh lubrin and Rafael Rodriguez are all under arrest on suspicion of murder. The House Ethics Committee is taking a close look at south bay congressman mike honda tonight. A new report from the independent office of congressional ethics concludes there is substantial evidence the seventerm congressman broke house rules by having his staff do Campaign Work on taxpayer time. That includes using official events to line up donors. And the parking lot is filling up as we speak at levis stadium for the 49ers final preseason game. It kicks off in a halfhour right here on kpix 5. Tonight is the first game during a workday. So far traffic has been heavy but manageable they tell us. A lot of fans arrived extra early to beat the crowds. A sacramento airman who took down a potential terrorist on a parisbound train is headed home tonight to a heros welcome. Spencer stone was wounded as he and two of his buddies jumped into action to tackle the gunman. Stone is set to arrive shortly at Travis Air Force base in fairfield. Cbs reporter steve large is there now. Reporter im here on the tarmac where Spencer Stone will touch down in an hour. The band is ready for his arrival. Let me show out the kind of airplane Spencer Stone is going to be coming in on. They refuel other jets in the sky. Cargo planes. He and his mother and brother are en route from germany to Travis Air Force base. The way they describe it is the plane will come down taxi to the tarmac here and end up if you can imagine the massive plane right here. He will get off and follow this red carpet right down here with airmen lined up to welcome him hone. Spencer stone an american hero. Neighbors are calling an 85 yearold el cerrito man a hero who shot a pair of intruders breaking into his home. Kpix 5s da lin on the why the homeowner is now Getting Police protection. Scumbags. Reporter its the talk of the neighborhood. We are calling him dirty harry. [ laughter ] no. Harry is, um, absolutely a hero. Reporter neighbors are amazed harry at 85 years old still has the aim. He is my hero. You know . Im glad he defended himself. Reporter it all started yesterday morning around 11 15 when two men knocked on harrys front door. When harry didnt answer, police say the men went into the backyard and kicked down a door. That was when harry grabbed his handgun and started shooting hitting one of the burglars in the head. We are more amazed by the distance that the suspect traveled after being shot. Thats ninetenths of a mile quite a long way for somebody who has been shot. Reporter Police Caught the suspect running about 15 blocks away from the house with a bullet still lodged in his head. Tonight he is in the hospital in stable condition. We are thinking of taking up a collection to buy harry a stronger gun because, um, obviously the gun he had didnt do the job. Reporter whats more, Police Say One of the suspects family members later showed up at harrys door confront harry about the shooting. Its intimidation of a witness thats all it is pure and simple. Reporter neighbors hope harrys action will stop the recent burglaries in their neighborhood. He did the whole community a service by putting these bad guys out of action. And were very proud of him. Reporter police say the man arrested is 34yearold sean mulberry out of oakland. They say the second suspect got away. In el cerrito, im da lin, kpix 5. There is Surveillance Video of the incident that police are reviewing. Thieves are targeting Elementary School parents in the east bay. Since the beginning of school several parents have been the victims of smashandgrabs. The burglars wait for the parents to bring kids to school and then they steal from their cars. Laptops, purses, other valuables have all been taken. You wouldnt expect it especially across the street from an Elementary School. We feel safe here. And so its kind of violating. Montclairs vice principal advises parents to cope their valuables with them as they walk their children to school. It is off to jail for the county clerk to refused to issue marriage licenses to same sex couples in kentucky. The decision is causing a stir for everyone. Reporter a crowd reacted outside a kentucky courthouse after a federal judge ordered Clerk Kim Davis to jail. Shes going to jail reporter davis is being held in contempt of court for defying multiple orders to issue marriage licenses to same sex couples. We need the forms. Reporter during 20 minutes of testimony, the bornagain christian cried on the stand saying she believes gods moral law was higher than the courts. But the judge said the oath she took was important and must be kept. Outside protestors on both sides of the samesex marriage debate gathered early to make their voices heard. [ screaming ] youre a sodomite youre an enemy of god reporter the ruling came as a big surprise to those here in the heart of the bible belt where many conservative christians are opposed to same sex marriage. My grandfather and grandmother, my dad and mom, and all would turn over in their graves if they knew what was going on here. Reporter chris thomas says the issue is not about religion but equality. You cant take a Certain Group of people and say that they cant do something that everybody else can do. Its not right. Reporter davis asked the judge to change the law so her name is no longer on marriage licenses. But he says thats up to the state legislature, which does not convene until next year. Jamie you can cuss, cbs news, ashland, kentucky. Five of six deputy clerks will comply an issue the licenses to samesex couples. The lone holdout is davis son. Tonight Representative Nancy Pelosi is questioning the clerks practices and says that something just doesnt add up. My understand is she has been married four times. But she said issuing a license against gay marriage is against her principles . Well, it just didnt seem to be consistent with, um, a religious objection. Pelosi is a strong supporter of gay marriage. The alleged Charleston Church shooter will be facing the death penalty. In a Statement Today south carolinas ninth circuit solicitor said the ultimate crime called for the ultimate punishment. 21yearold dylann roof is accused of murdering nine black churchgoers in what Authorities Say was a racially motivated attack. He is facing nine state counts of murder as well as federal hate crime charges. Roof will be back in court in october. Donald trump has just pledged his loyalty to the Republican Party. The billionaire says its because they need him to snag a win. The best way for the republicans to win is if i win the nomination and go directly against whoever they happen to put up and for that reason, i have signed the pledge. Trumps signature says he will support the gops 2016 nominee if its not him. One recent poll shows the Republican Party is leading by over 30 . Still ahead, the first signs that senator Dianne Feinstein may have her sights set on 201. 2018. Plus a rare chance to see the pope in the United States. How some bay area catholics can put their hat in the ring. A look now inside levis stadium. Kickoff between the 49ers and the San Diego Chargers is coming up shortly. ,,,,,,, tonight a clue that u. S. Senator Dianne Feinstein is planning to run for a fifth term. Feinstein hasnt officially announced any plans just yet. But there are some invitations going out for a fundraiser in washington, dc for her 2018 campaign. Feinstein is 82 years old. She is the oldest member of the u. S. Senate. And she will be 85 in 2018. Congresswoman Jackie Speier wants to bring you to watch to see the pope. She announced today she has a limited number of tickets to give away to her constituents for the popes address to Congress Later this month. To enter, you have to live in the 14th Congressional District which stretches from daly city to san mateo to half moon bay. The entry form is posted on her website, and the contest deadline is thursday. Sunshine in San Francisco sunshine for the entire bay area today. But it was not that warm and it was kind of breezy. We are going to get chilly. Well talk about how cool we get and then shortly thereafter, well talk about how warm we get. Well talk about both extremes coming up. Im loving the weather, paul, down here ee levis stadium we are down here at levis stadium. We are about 20 minutes away from kickoff 49ers and chargers. Oneonone with the man who signed to bring the 49ers the pass rush. Straight ahead. ,,, and i am a certified arborist for pg e. Ughes i oversee the patrolling of trees near power lines and roots near pipes and underground infrastructure. At pg e wherever we work, we work hard to protect the environment. Getting the job done safely so we can keep the lights on for everybody. Because i live here i have a deeper connection to the community. And i want to see the Community Grow and thrive. Every year we work with cities and schools to plant trees in our communities. The environment is there for my kids and future generations. Together, were building a better california. Ebay is celebrating its 20th birthday today. The auction site has more than 150 million active buyers and it all started with a post about a broken laser pointer in 1985. Since then somebody bought the meaning of life for 3. 26. Another user paid 28,000 for a virgin mary Grilled Cheese sand one and 1. 5 million to buy a california town. A dustup on social media between Stephen Colbert and jeb bush. Colbert released this video explaining how bush was raffling tickets to his new show which debuts tuesday night on cbs. Bush, who will be a guest on the premiere, is asking supporters to donate 3 to his campaign for a chance to win those tickets. Two con play at this contest two can play at this contest, sir. So whenever youre watching this im launching my own jeb bush on the Stephen Colbert late show raffle. The lucky winner will also be invited to the premiere of the late show and they will get to submit one nonobscene question that i will ask governor bush on their behalf. For example, one question might be, dont you wish you had consulted stephen before launching your contest . Those tickets will be 3. The proceeds will be donated to the Yellow Ribbon fund which aids injured Service Members and their families. Mark it down next tuesday 11 0. Right after 11 00 news. Going to be a good show one of many from mr. Colbert. Lets take a look with our weather watchers. Notice the temperatures. We dont have the spread 50s, 60s 80s, 90s. 60s everywhere. In san ramon its only 67. The air mass is modified canadian air. 67 degrees with a west wind at 5 miles an hour. In San Francisco its one degree warmer than san ramon, sunshine 68 George Hughes reporting a south wind at 6 miles an hour. Petaluma the north bay santa rosa made it up to 81. Peggi rodgers in petaluma says 79 degrees and i have to agree with peggi, beautiful day. Perfect for a long walk. Humidity is down. It is comfortable throughout the bay area. Livermore 72. Currently San Francisco 65. Santa rosa still the warm spot at 79. San bruno 64 degrees currently. Football hang out right here on channel 5. Dennis says its comfortable down there and the forecast confirms that. Mainly clear skies 68 degrees the kickoff 9ers chargers in a matter of minutes right here on channel 5. 57 tonight in concord. Napa 52. Hello, fall. Santa rosa second straight night at 49 degrees but San Francisco staying a mild with the mild ocean next to you. 60 the overnight low. Theres a low pressure area to the north. Winds by rule of nature in the Northern Hemisphere go counterclockwise around low pressure so we are dragging down some modified canadian air. Its not cold in San Francisco in Early September but it is cool. Well see overnight lows that will be in the 40s and the 50s for the next couple nights and we get this for about 36 more hours because as soon as that low moves away, we lose that tap of canadian air. Replacing it an area of High Pressure over two or three days. By labor day it will be warm in the bay area once again. Our futurecast looking at wind tomorrow morning. Not that much of an issue. But look at tomorrow afternoon. We could see some wind gusts approaching 30 miles per hour. Especially in san rafael. So tomorrow not only on the cool side it will also be on the breezy side. So we are mild again on friday with gusty winds. But we will warm up as we head through the weekend. 74 in oakland tomorrow but san jose only one degree warmer 75. Union city 72. San mateo 72. Walnut creek windy 78 tomorrow. Antioch will hit 81. San francisco 68 degrees. Sonoma 79. Clearlake 79 degrees tomorrow. So we are cool and breezy tomorrow. We begin warming up saturday and well get quite warm as we hit labor day and beyond a cool hit labor day and beyond a cool snap only ,, [is the staying awake part. T challeng gun shot your day sleep train has your ticket to a better nights sleep. Because when brands compete, you save during mattress price wars. And through labor day, save up to 400 on beautyrest and posturepedic. Get interestfree financing until 2019 on tempurpedic. Plus, helpful advice from the sleep experts. But this special financing offer ends labor day at sleep train. Sleep train your ticket to a better nights sleep n. F. L. Up top. At the top of the hour, we are roughly 10 minutes away from the last dress rehearsal for the 49ers. The final preseason game chargers at 9ers on kpix 5. Lets take you to Dennis Odonnell, dod, at levis stadium. Getting set for the broadcast tonight. Reporter you got it, vern. You know that aldon smith is gone so the 49ers need a pass rush so they signed donnel docket before tonights game. I said we trying to get to know each other, each other styles. We kind of know what everyone saying about us so that right there should give you a extra, you know, motivation to go out and accomplish things. Reporter you said something that raised eyebrows and gave the 49er fans a lot of reason for optimism about Arik Armstead who played with arizona and was a great pass rusher. You put those two names in the same sentence. This guy hasnt played. When he was drafted some saw him as a project. How do you see him . Arik is a good kid and works hard. He listens axes questions. Axing me some questions, 20, 21. Play this game another 14, 15 years. You know, especially with a coach and organize likes this who take care of their players and not beat them into the ground. Do you see him as an impact player sooner than later . Yeah. I do. Reporter is it true you plan to run Arik Armsteads credit card up on rookie day . Absolutely. Absolutely. [ laughter ] you got a rookie d lineman first rounder, he knows that theres a night coming up where we gonna take full advantage of his credit card and Checking Account and well let him know. We are smart enough to give him a few weeks to let him know to embrace it so he is ready for it. So when that card comes in the mail, i saw it coming. No less than 20 grand. Steakhouse. We might go to crustaceans for lunch. Kris for a smack and then another highend place for dinner. Thats like 70 bucks a crab there. Thats perfect. Perfect. Just for starters. Reporter impressive those crustacean crabs cost about 70 bucks apiece vern. Now. That darnell has really not played that well in the preseason. He is a little banged up. He will not play tonight. Docket sitting out along with cornerback brock. 49ers and chargers coming up in a few minutes right here, vern, on the big 5. All right, man. Have a great show. All right. We go from that to the nfls other Playing Field the courtroom. Tom bradys deflategate four game suspension nullified by a federal judge this morning in a 40page ruling. Judge Richard Berman said, the league used, quote, several significant legal deficiencies in handling the matter including the inability to produce a key witness, close quote. Brady is able to play next week against the steelers. The nfl has appealed the ruling. The 49ers have stocked in stores already with jarryd hayne jerseys. Pretty good indication that the one time australian rugby megastar will make the team. Even golf star jason day a fellow aussie is talking about hayne. He was asked if he thinks hayne can beat him out for australian sportsman of the year. To be able to come over and play totally different sport to what youre used to passing it backwards back home and passing it forwards here, its a little different. You know . I mean, he is a big fish back home. And over here, he is fighting to get on the team and, um, i im not worrying about it right now because i just got to focus on trying to win, playing good golf. Baseball news. Giants at rockies tonight. Concern is tim lincecum who had surgery to repair his left hip today. The Team Announced he is done for the season. Beyond that, stay tuned. He last pitched for the giants in june where he took a comebacker off his arm. The giants later announced he was dealing with a degenerative hip issue. That might to be blame for his lack of velocity reportedly lincecum will be able to pitch next year but for whom . He will be a free agent in the off season. The giants are 6. 5 back of the dodgers in the n. L. West. They are 6. 5 back of the cubs. They are playing the rockies as we speak. And they are already down 42. You know its denver when Ryan Vogelsong can hit a tworun homer. [ laughter ] and it goes out. The air is thin up there. This time last year, the giants were ahead in the wild card and two back in the division. And they missed timmy. He has been out for a while. Hasnt played in maybe a maybe a career ending injury. Missing a lot more than that. Time for football. For news throughout the evening, well have the latest always on cbssf. Com. Captions by caption colorado comments captioncolorado. Com find options to fit your budget. Nah, nah, insurance, nah, nah, nah, discount. My names flo, you want to go out with me . No. Uhhuhhuh this is the official pre Season Television partner of the San Francisco 49ers, kpix 5. With the regular season in sight, the 49ers are ready for the road ahead. When you look at your gpst doesnt show you your destination. It shows you where your next turn is. Tonight, the journey takes the 49ers back home to levi stadium for the final pre season tuneup. They have to be together it. Has to be a coordinated, theatrical production in the way they move and the way they work. Montana, scoring in the end zone. The 49ers take on the chargers right now on