For this man, 20yearold victor rodriguez. He was released last night at 10 p. M. From San Francisco jail by mistake. He is charged with several charges including threats against law enforcement. The jail is blaming the mistake on a clerical error. We are counting down to kickoff. Less than an hour from now, the National Anthem will be performed at Qualcomm Stadium in san diego ahead of the 49ers chargers game all eyes will be on quarterback Colin Kaepernick. Kpix 5s len ramirez joins us live from the field in san diego where this game, len, being billed as a military appreciation night, as well. Reporter thats right. Imagine the timing of this. Colin kaepernick was on the field just a few minutes ago warming up. There was no reaction because there were no fans in the stadium. But in the last few minutes fans have been let in. People are beginning to take their seats. And Colin Kaepernick has not gotten on the field. So the big question, how will the fans receive him . A lot of people say they think they know. They think he might be booed. They think there might be things thrown at him. Nobody knows what happens when the National Anthem starts. Colin kaepernick arrived at Qualcomm Stadium looking calm despite the firestorm circling around him and when he walked on the field for the first time to take some practice throws, his arm looked strong. But will he hold up under the pressure . Are you going to the game today . Absolutely. What are you expecting . Chaos. Reporter to the parking lot at Qualcomm Stadium. One good thing about this great nation of ours is you have the freedom of speech so i believe that, you know, he is standing up for what he believes in. Reporter the anticipation of Colin Kaepernicks refusal that stand for the National Anthem and san diego fans expected strong reactions to the sitdown protest is now Headline News and has overshadowed the 9ers chargers preseason game. He is being free and brave. Its his right as an american to not stand up. Reporter san diego is a Strong Military town and tonights preseason game is military appreciation night. Many in the military have taken to social media to support kaepernicks right to protest, police brutality. Others like this veteran question his motives. Its no longer just showing your respect or or taking away and trying to stand up for what you believe in. I believe that now youre spitting in the faces of the men and women that actually fought for the right to let you do what youre doing. Reporter so the players continue to warm up here at Qualcomm Stadium. Colin kaepernick hasnt taken the field in uniform yet. That should happen in just a few minutes. Well look for that. Thanks, len. We are going to keep checking back with you throughout the newscast controversy taking a toll on his popularity. Kpix 5s emily turner joins us now are results from our exclusive kpix 5 surveyusa poll. Reporter we asked more than 500 people, do you respect or not respect kaepernicks decision to remain seated for the National Anthem . 55 dont respect it. 41 support it. Another 4 no response. We asked respondents if their opinion of him has changed. 53 say their view of him has gone down. 31 unchanged. 16 say its actually gone up. And lastly we asked do you consider kaepernick un american . 62 say no. Nearly a third say yes. Now keep in mine our survey deals only with people in the bay area. Well get a taste tonight of what kind of reception kaepernick will get in other parts of the country. Veronica . Thank you. Keep in mind, those poll results came out before we knew about the socks. A new controversy involving socks this time. Number 7 has been spotted making a statement in practice wearing these socks. Take a close look. They show policemen as pigs. Coming up at 6 30, well share kaps explanation this time around. And we are asking you tonight what you think of these socks. Are they a bold statement . Do you simply not care . Or do you find them offensive . Head to our website, cbssf. Com votenow. Well put the results on the screen right there and have your final results coming up in the show. Lets go to sports director Dennis Odonnell live on the field in san diego. And dennis, i kind of doubt all of this will affect his stand when the team makes the final cuts next week. Or will it . Reporter its possible. This is a major distraction for this team. Publicly the 49ers are backing Colin Kaepernick. But its got to be a distraction. I can tell you theres a lot more cameras here than i have ever seen for a fourth and final preseason game. And kaepernick needs to play good football. He did not play well in his first preseason game. He is going to have to play well tonight. Chip kelly says he will keep the best two and he says kap is still among the best two. Who are your best quarterbacks now . Yes. Unfortunately because of, um, colins injury, you know, missing those first two preseason games he only got 13 snaps so, um, you know, we have to move forward and see if we can get him some more snaps. Reporter typically the fourth and final preseason game is a game, allen, where everybody rests the players. Right over my shoulder, that is joe staley right there. He is not even in uniform. A lot of the regulars are going to get this game off. But it is a big game for Colin Kaepernick in more ways than one. Well be back at about quarter to the hour as we get you set for the kickoff between the chargers and 49ers. Allen, veronica, back to you. Thank you. Well check back with you in just a little bit. The anthem controversy has a veteran and longtime 49er fan questioning his support. He now wants the team to give back the brick he donated to levis stadium. I dont want to be associated with the 49ers. Take my brick out. Take my brick out. Coming up at 6 30, how he is calling on fellow vets to make their own stand against kaepernick and a reminder you can watch the game against the chargers right here on kpix 5. Well start at 6 59 so you can see the National Anthem. New at 6 00 a landlord in oakland is now being told by a judge to fix some bad living conditions. And fast. He is accused of creating unbearable problems for low income tenants to try to force them out. Da lin is at the building near oaklands chinatown with an update on a story he first broke. Da. Reporter veronica, a judge has given the landlord about a month to fix all the bathrooms here. He is accused of making it hard for tenants to go so they will leave altogether. No one is proud to show the bucket they use instead of a toilet. Frankly, this senior is disgusted and embarrassed. But he wants people to know the conditions they are living in. [ nonenglish language ] theres a line to the bathroom and i cant hold. I have to use this container. Its not just me. Almost all the families have one. Reporter out of the 36 units in the single room occupancy building near oaklands chinatown, 28 units dont have bathrooms. Those families for now are forced to share three toilets. The owner gutted the other bathrooms and a kitchen back in february. Eight months ago. We have a contractor issue as many real estate jobs go. Only one [ indiscernible ] [ heavy accent, unintelligible ] reporter a judge visited the building last week and saw the problems firsthand. This week, he ordered the landlord to repair all the bathrooms and the kitchen by october 7. An 82yearold attended the hearing. Reporter after the new owner purchased the building last year, tenants say he has been trying to get them out thinking he wants to rent it out for higher rent. Most families are low income chinese immigrants and speak little english. They pay 3 to 400 a month for a small room. While were glad and we are overall relieved, um, theres still quite a long way to go but were also really proud of the tenants for standing up to their landlords in this way. Reporter its a small victory in a bigger legal battle. This lawsuit will continue in the courtroom. In the meantime, i did reach out to the owner. He did not return my call. Live in oakland, im da lin, kpix 5. New at 6 00 an unprecedented change could be coming to californias healthcare system. Kpix 5s melissa caen shows us a bill on the governors desk would prevent patients from being surprised by the medical bills. Reporter thats right. When you go to a doctor or a lab, are you 100 sure that the doctor or lab is part of your in Network Insurance coverage . For many of us the answer is no. And that could break the bank. Standing outside a medical Office Building in San Francisco, it took less than a minute to find two people with stories of surprise medical bills. I went to my appointment and thought it was under my coverage. And i got the bill for it and im surprised that they didnt tell me that at the desk to begin with. So i ended up having to pay their coverage. Usually i do a lot of research and ill make sure whoever i go to is on my network. Or in my plan. Um, and so i looked online, this one place i went to looked online, it said, yes, it accepts my insurance. Perfect, made an appointment. Went in, um, then got a phone call saying oh, by the way, it actually doesnt cover. Reporter these stories would be a thing of the past if the governor signs a bill that says if you are at an in Network Facility you only have to pay in network costs. No more surprise out of Network Doctor bills. Its annoying especially since i probably wouldnt have gone there if i knew it didnt cover under my insurance but, you know, it does happen. So its pretty cool that theres going to be a law to stop it. Reporter not everyone is in favor of this bill. Dr. Jane orient from the association of American Physicians and surgeons says that independent contractors wont just watch their income go down. They will stop seeing insured patients. People dont pay to work. They cant pay to work. They have to pay for insurance and rent. They have to pay their staff. And if the Insurance Company is saying you have to do all this very expensive administrative stuff and see our people, but were not going to pay you enough to to even cover the costs, doctors are going to say look, i got to eat, too. Reporter according to dr. Orient, this will lead to fewer choices for patients. I think its important for patients to realize that they need the option. They need the choice of seeing a physician thats not under the thumb of a hospital or Insurance Company. Reporter assemblyman rob bonta wrote the bill. The legislative director denies that Patient Choice will be affected. He says the law only requires that patients be notified that their doctor is out of network. Dont see me and then tell me afterwards, sorry, youre not covered. So then you have to pay. Reporter the governor has until september 30th to sign or veto the bill. Theres a good chance he will sign it. The bill had bipartisan support and the vote was nearly unanimous in the legislature. Melissa caen for kpix 5. Brock turner just hours away now from walking out of jail. The former stanford swimmer served three months for sexual assault. Our legal analyst on what he will be facing for the rest of his life. The Bay Area School district with a unique problem filling classrooms. Why most students are choosing to go elsewhere for their educations and whats being done to change that. Ah, september time for things to finally warm up in San Francisco not today you barely got above 60. We went backwards. Its cooler today. But coming up, find out which day looks like well season 90s on the map. That is next. ,,,,, hi, its me. [imitates fanfare] lois prices from Grocery Outlet. Hi, its. The rest of us hey there. Hi hey. Loifor over 60 years now, Grocery Outlet has been selling the brands you know and love, for up to 60 less than what youd pay at Traditional Grocery stores. And check this out. Lois weve got meats and produce, naturals and organics, at prices thatll make you wanna sing. Good thing weve got a really catchy theme song. Hit it Grocery Outlet bargain market bargain market. Now its stuck in my head. Neighborhood where the schools dont measure up. Parents sending their children away. Saying new at 6 00 a bay area neighborhood where the schools dont measure up. Parents say the school arent good enough sending their children away. Kpix 5s cate caugiran has this unique challenge. Reporter veronica, let me know give you the numbers. Sfusd found there are 6,000 School Aged Children that live in the Bayview District and 70 of those students are actually enrolled in schools outside the neighborhood. So parents, teachers, even the districts is saying, things need to change. When you look around the community and thinking about how to best support the bayview community, it seems at times that a community that has been neglected reporter a community neglected, and parents now saying schools are suffering. So they have resources for one school, they need to have it for all. Some students have the up to date technology and equipment in their schools and these schools are just third world. We dont even have classrooms here. Reporter at the bayviews dr. George washington carver elementary school, students have classes in pods versus rooms. Its really discouraging to the residents here, you know, with children in the schools. Reporter parents say its students who are hurting the most. A study found on average 26 of San Francisco unified students either met or surpassed english and literacy standards and 25 of students tested met or surpassed math standards. The bayview schools tested, the average was below the district with 13 of bayview students tested meeting or surpassing english literacy and math standards. One parent said thats because bayview schools dont get the same attention or resources. Teachers come for one year, they leave. Its unstable. So the kids have to get used to new teachers, new leadership. Reporter we asked carvers principal, do you feel like the district treats your school the same as schools in other neighborhoods, say nob hill, marinena, Pacific Heights . I think with the challenges that we have in bayview, the district is now understanding that we do need additional support. Reporter in a statement, the district acknowledge the problem saying our policies and practices over the years have unintentionally contributed to racially isolated and underenrolled schools in the bayview. The district told kpix 5, they are working on it and have been approved to add and expand Educational Programs in underserved areas but the carver principal says theres so much more to this story than just saying that we dont have the resources or anything else. We just need more than resources. Reporter sfusd says they are planning to build more schools in the bayview and mission bay districts. They are also planning to ask voters to approve a 744 million bond in november. Reporting live from San Franciscos Bayview District, cate caugiran, kpix 5. A Bay Area Company is rescuing waterlogged devices for louisiana flood victims. For free. Devices from areas hit hard by summer storms are already coming in. The company recovers data from devices that have been severely damaged whether they were burned, crushed or submerged in water. Now the Company Wants to help victims of the flooding in baton rouge get their digital lives back. The louisiana floods, they have been hit hard so many times and we felt our staff at drive savers so we can do a little bit extra and help these people out. They said they will accept as many damaged devices as possible. Still waiting for the Indian Summer to appear. Keep waiting. It is so cold outside today. Wait for it. I wish it was on september 1 when things would get warmer for those who love warm weather. Insert veronicas name here. But you will have to be patient. Its going to come. The warmer weather that we always get this time of year will be on the way just not in my forecast for the next seven days. Peek outdoors, it was warm in cloverdale 87 in the north bay far away from san pablo bay. Martinez 70s. Newark 71. San mateo 69. Forecast for the bay area no chance of rain. American canyon, vallejo, southern napa county, things are looking good. We are fogfree currently and rainfree. Your forecast for vallejo for the next couple of days highs in the wheelhouse in the comfort zone 78 degrees tomorrow, Morning Clouds, afternoon sunshine, 75 on saturday with more Morning Cloud cover and more afternoon sunshine. Notice the clouds over San Francisco. Futurecast says another cool you day in the city tomorrow. But overall, the onshore flow gets weaker tomorrow. Below average with a warmup next week. If you want the warmer weather get away from the water and be patient. We might see some low 90s as soon as next tuesday. If you like it cool, this is going to be a gorgeous weekend. Low humidity, afternoon sunshine, low to mid80s inland. Saturday, sunday and labor day will straddle 70 near the bay, low 60s with cloudy conditions at the coastline. Toward next week it is not the septemberish regionwide warmup. Well see about 5 degrees warmer away from the water. So we have to wait, practicing our patience. Exactly. San francisco will stay chilly for at least another week. Were hanging in. Were going to make it. Well be all right. Thank you. Big crowds expected tomorrow as brock turner leaves jail. The exstanford swimmer served three months for sexual assault. Whats waiting for him when he returns to his hometown. A quick programming note here. Because of the 49ers preseason Football Game on kpix 5, cbs prime time programming will air on kbcw 44 cable 12. Convicted of ,,,,,,, sexually assaulting a woman on campus. Is about to get out of jail. As spent only the former stanford swimmer convicted of sexual assaulting a woman on campus is about to get out of jail. Brock turner has spent only 3 months behind bars. But kpix 5s kiet do explains why his punishment is far from over. This is a huge burden on somebody so young that thats going to follow him everywhere. Reporter when brock turner walks out of jail tomorrow, he will be handed back everything he came in with. And once he moves back home to ohio he will have five days to meet his probation officer. Kpix 5 legal analyst judge Ladoris Cordell says its the beginning of the legal cloud that will hang over turner for the rest of his life. Once youre caught up in a criminal justice system, particularly, um, with with formal probation, its very hard to get out from under and you better be perfect. Reporter the conditions of his threeyear probation includes random drug tests, drug and alcohol counseling and registering as a sex offender. If he violates any of those conditions a judge could send him to prison. My hope is that he cakes these conditions very, very that he takes these conditions very, very seriously. Its not a joke. Reporter he will have to report his address for the rest of his life. His name will be on the megans law website wherever potential employer, landlord, date, can see his picture forever. I dont want people to lose sight of the fact that while he got a very light jail sentence, in my opinion, he still has these other things and one in particular which is registering as a sex offender. This man is just in his 20s. He is going to be registering for the rest of his life. He is a marked man wherever he goes. Reporter when turner walks out tomorrow, judge cordell hopes protestors will be peaceful. It matters not to me what people say. It is important how its said that its not done in a violent fashion. So it is my view that and my hope that the protest tomorrow if there are any will be peaceful, people will state their views on whatever their views are. Reporter in san jose, kiet do, kpix 5. Coming up in our next half hour, a navy veteran fights back against Colin Kaepernick with a protest of his own. How the longtime 9ers fan hopes to make a statement with a brick. And a new twist to the anthem protest how kaepernick is stirring up more debate with socks. Were asking you to weigh in on the new kaepernick controversy. The survey is under way now. Go to cbssf. Com votenow. , chargers. Ere will be extra our top story at 6 30, it is a final preseason matchup between the 9ers and the chargers. There will be extra attention on what happens during the singing of the National Anthem. Following Colin Kaepernicks decision not to stand last sunday, lets get you back now to kpix 5s len ramirez who is live from the field in san diego for us tonight. Len. Reporter veronica, the 49ers team just took the field about 10 minutes ago. And when they did run out on the field, they were soundly booed here in Qualcomm Stadium. Now, difficult to say how much of that is just, you know, them being the visiting team and Qualcomm Stadium or this controversy surrounding Colin Kaepernick. Kaepernick has been doing a lot of throws in fact you see him dropping back there for a throw. And his throws despite the controversy surrounding him, his throws look very good, very strongarm. Maybe he is using the energy to help his game. Whatever. Well find out what happens when the National Anthem is played. A lot of people here to honor the military here in san diego tonight. Interesting to see what happens when Colin Kaepernick sits on the bench during the playing of the National Anthem. Maybe he will go into the locker room so he doesnt have to face this crowd here. A lot of 49ers fans happen to be in Qualcomm Stadium tonight, as well. So we might have a mixed reaction. Veronica . All right, len. Well be watching. We appreciate it. Thank you. And we want to remind you your chance to weigh in, in our new kpix 5 snapshot instant poll we are asking about kaps socks showing cops as pigs. Do you think theyre offensive, bold or much ado about nothing . Go to cbssf. Com votenow. We are scrolling the poll there as you see at the bottom of the screen. Final results still ahead. But right now, kpix 5s emily turner joining us with more on the controversy and one 49ers fan sort of counterprotesting. Reporter its his socks that have to do with him standing up. There is a lot of elements to the statement he is making. It has gotten him a lot of blow back. First, sitting during the National Anthem and then wearing socks during practice picturing pigs as policemen. Now he is taking his campaign to church. This church has stood for 1 4 years as a champion of justice, equality, and inclusion, and respect for the worth and dignity of all people. Thats why we reached out to him. Reporter amos brown reached out after kaepernick made his stand by sitting during the anthem. The two have spoken several times and kap will speak to the people this sunday. Brown also said they will be sitting down with the San FranciscoPolice Officers association and discussing race relations. So while brown sees it as progress there are many who dont agree with the quarterbacks overture. I wanted to know why he was doing this display in front of people, when he could have simply grabbed a microphone afterwards and said, you know what . Im an africanamerican, i have a real problem with the way things are going in this country. Reporter veteran Michael Murdock bought a brick for his father outside levis stadium. Now he wants that brick back. He says he stands by kaepernicks First Amendment rights and will now exercise his in another example of how the athletes comments have divide more than just the locker room. Colin kaepernick wants the raise attention to inner cities and struggles, raise the attention and then get off the bus and do something about it. Dont tell people how to express themself as long as they are not causing injury, pain, or destruction of human life. This is a free country. Reporter and murdock hasnt heard back from the 49ers about whether he will get back the money back or the brick. He is urging other veterans to do the same. Kaepernick acknowledges on social media that they are part of his antipolice brutality platform, the socks but he says, quote i have two uncles and friends who are Police Officers and they work to protect and serve all people. So before these socks are use to distract from the real issues, i wanted to address this immediately. Still being divisive when it comes to these statements. Not backing down. Nope. Certainly not. Emily, thanks. Before you go, we want to remind people, you can see that our kaepernick poll is still up at the bottom of the screen there. He is not getting support. But you can see still weigh in h cbssf. Com votenow. Well have final numbers later. Thanks. Well, the man who created the naked statues of donald trump is talking about how they came about. One appeared in San Franciscos Castro District back in mid august. Others turned up in seattle, los angeles, new york, cleveland. Today, the artist joshua ginger monroe was in San Francisco to meet with former mayor willie brown. He says an Anarchist Group called in decline first contacted him in february. They said trumps likeness should be naked and larger than life. I had to make sure it looks like trump. I wanted to have a scowl on his face because obviously if you are standing naked in front of millions of people and youre not going to be happy so thats why he has that scowl. San Francisco Police removed the statue and they say that the sidewalk got damaged because of it. Now lefty odoulss restaurant has offered to cover the fines and put the statue on display temporarily. A bay area man growing his fortune. How watering flowers made him nearly a Million Dollars richer. Whole lot of june gloom out there on the first day of september. San Francisco International airport socked in with the clouds. It will be that way overnight tonight. Coit tower cloudy see the birds going over telegraph hill. Well have the forecast that includes more sunshine and a few low 90s. Find out when coming up. Well check back in live with Dennis Odonnell on the field of san diego. Coverage of the game starts at 6 59 p. M. With the National Anthem. ,,,,,,,, has a new appreciation for the power of flowers. He planted a few seeds. And now hes almost a Million Dollars richer. A bay area Lottery Winner has a new appreciation for the power of flowers. He planted a few seeds and now he is almost a Million Dollars richer. Daniel mendez started watering the flowers around the feet of the virgin mary last year. After each watering he would pray for his grandchildren and buy a lottery ticket. But one of those tickets was a winner worth more than a Million Dollars. He is taking the lump sum at 700,000. But he says the payment is more than enough for a little bit of water. [ music ] its been nearly 11 years since the state of florida has had a landfalling hurricane. Thats the longest stretch in 116 years, it ends in a matter of minutes. Lets take a look at hurricane hermine. Its moving through the gulf of mexico. It will make landfall in the big bend of florida, big time rainmaker. We are talking about rainfall totals in excess of 10 to 15 inches. Lots of rain back east because of hurricane hermine. For us no rainfall out there but as we zoom into the coastline, we have been cloudy and well remain cloudy for the balance of the day. Pacifica socked in with clouds. Very, very foggy conditions. Heres a live look. San jose youre kind of hazy as well and only 69 degrees well below average. Livermore 71. Concord 76. Santa rosa 79. San francisco only 59 degrees right now. Tonight, well stay in the 50s in the city. 55 for you. San jose 58. Vallejo 57. Napa 53 degrees. Futurecast tomorrow, south bay and Santa Clara Valley start off with cloud cover but unlike today, you will get some sunshine in the afternoon. And futurecast says by the afternoon, you will make it into the low 80s should be a beautiful start to your Holiday Weekend in the south bay tomorrow. But the overall theme, the onshore flow is not going anywhere. Temperatures that have been below average will stay below average all because of this low pressure system off the oregon washington coastline. Its going to stay well to the north but its influence will be felt in your backyard as temperatures will not be normal for this time of the year. They will be below normal maybe some of you like that. Enjoy. It will be here all weekend. Fremont tomorrow 75. Vallejo 78. San jose high around 81. Livermore 85. Santa rosa 84. It has been chilly. Will stay chilly in San Francisco, 67 pacifica lots of fog and 61 degrees. Your extended forecast calling for more of the same. Low to mid80s inland. We are looking at highs around 70 degrees near the bay for the weekend. Morning clouds, afternoon sunshine. And if you are heading to the beach, maybe the sunscreen is always a good thing but bring a jacket, as well. Low 60s, thats it. Slightly warmer weather coming up next week. Thats your forecast. Back to you guys. Thank you. We are less than 20 minutes now until the 49erschargers game thats one of the preseasons. Sports director Dennis Odonnell with a preview before kickoff. Reporter yeah. Thats right. The military marching band is playing right now. And over here, vince, show those folks a lot of patriotism going on right now. When we come back, well have more on the Colin Kaepernick controversy as we count you down to kickoff. ,,,,,,,,,,, we all know what Colin Kaepernick will do before the what will unfold for number 7 after his performance tonight against the chargers . We all know what Colin Kaepernick will do before that game during the National Anthem. Hello, vern glenn alongside number 62 Jeremy Newberry and i am all for being a catalyst for racial and social injustice [ sic ] but two things. You dont mess with the American Flag or the National Anthem . It was a honor for me to stand with my hand over my heart and honor the people that died to give us the right to play a game for a living. And so when i saw that and i heard about it i was definitely disappointed. You talk about a country what other country in the world can Colin Kaepernick be up for adoption, be adopted by two loving parents get a Free College Education and get paid millions of dollars to play a Football Game . Theres not another country in the world to allow you that opportunity. So you talk about disrespecting the flag and what it country has done for him up to this point . Its ludicrous to me. Should he have a months ago, that impassioned buy racial and social injustice, just hold court at his locker . How many people want to talk to Colin Kaepernick regularly . Every one of the reporters want to talk to him. Hold court every time. They can hear about Racial Injustice and problems with the police. This isnt the for rum to do that. You dont disrespect the people who came before you who gave their lives for you to sit down during the National Anthem. We have polls going on all day, most against, some for, some on the fence. But these pig socks . In practice . Thats where he lost me. My father was a police officer. Two of my best friends, one just retired today, what they do for a living is no joke. They run in when everybody else is running out. To disrespect them as a whole . We all know every one of the cops in this country says there are bad seeds. Theres bad football players, bad people in every profession but to disrespect the most of them is not the right message we want to send to todays youth. We get a platform as athletes to be role models for todays youth and his actions sitting during the National Anthem and those socks are directly what do you on the want to teach todays youth. And i was at kaepernicks on monday. For 18 minutes he went back and forth his decision to sit. One points he made in particular you cant hear enough. I know a lot of peoples initial reaction was it was bashing the military. That wasnt my intention at all. I think now that we have those things cleared up, we can get to the root of what i was saying and really address those issues. Lets go to san diego home to 7 military bases where Dennis Odonnell is standing by. Dennis. Reporter well, i was just listening to Jeremy Newberry, vern, and that is why we pay him the big bucks. A very honest opinion and he rarely holds anything back. Obviously he did not tonight. In the background here, the military marching band has taken the field, vern, and you know, Colin Kaepernick said he is not bashing the military. The 49ers quarterback is walking into a place tonight where people deeply care about that flag. Tonight is the 28th annual salute to the military where Service Members will be holding a big flag over the field during the anthem. His opinion is his opinion. We fight for him to be able to express how he feels. We fight for everyone no matter who no matter what race, creed, gender, w fight for everyone. We sport United States as an army veteran and we fight for everyone, we support the United States. To be able to come out here and show our appreciation for what the military do for this country and allow to us play the game we love this is the least we can do to come out here and interact with them and say thank you. Reporter so think the question tonight is going to be what sort of reception is Colin Kaepernick going to get . I can tell you he has already been booed. This is not a packed house but these people are going to be loud. Colin kaepernick is going to sit over here apparently he has sat for the first three preseason games already an nfl game has been played today vern and no players sat. And the question is, is another 49er player going to sit with him . As he walked off the field a little while ago, um, aaron lynch came and put his arm around him in some show of support so its going to be very interesting to see what happens here at 7 00 coming up on channel 5. Vern, jeremy, back to you. All right. Dennis, thank you so much. Away from kaepernick soapbox, he is still shaking off the rust after getting his first real live snaps for the First Time Since last november. The numbers against the packers not great. 13 snaps indecisive at times just two of six for 14 yards. Ran four times and gained 18 on the ground and i go back to a simmering Jeremy Newberry. He cant wait to get his comments in. Lets get back to football. This guy has to worry about making the 53 and its not guaranteed. Now, they guaranteed a whole bunch of money so, you know, the chances of him being around are probably pretty good. From their standpoint, maybe they dont want to get him injured because then they will be on the hook to pay him next year but he has to play better football. Point plank he didnt throw very good passes. The two that were completed were both almost picked off. Very indecisive. When he took off running he didnt get first downs. So you have to get first downs and keep the offense on track and that didnt happen for Colin Kaepernick in the first game. But jeremy, this is corporate america. I dont care who you are or how valuable or invaluable you are, if you are a problem employee, what happens . If enough people call and complain about us, we might be looking for a job tomorrow. Thats just thats the nature of the business. And i tell you what, i mean, actions speak louder than words. People not wanting to buy the memorabilia and not wanting to go to the games because of one bad apple, this could affect it. This is all about dollars. Could the seed be planted . What if he goes out and get 30 snaps. That would open the door for them to say, we gave him his chance and for football reasons it just didnt work out. 12million. We talked about that but if he goes out and scores four touchdowns and three passes, it doesnt matter if he goes out and does it nobody on that team did it yet. Not a quarterback out there second or third team done it. Do i think Colin Kaepernick is going to do that . I dont think he is the same quarterback we saw years ago and i think thats prevalent by his play last year and what we seen this preseason. I cant wait for kickoff. Its coming up shortly. Hey, ahead on 49er preview, the 9ers receiving corps got a little thin they are week. Well break down the loss of Bruce Ellington next. ,,,,,,,,,, kaepernick. Slot receiver Bruce Ellington was placed on season ending injured reserve. Ellington tore his hamstring presumably on this punt return last week. Heres 49er news not involving Colin Kaepernick. The slot receiver Bruce Ellington placed on season ending injury reserve. He was expected to make an impact this season. So without ellington, 49ers depth at receiver looks like this. Smith, patton, newcomer curly to make the team. Rs now to the results of our kpix 5 instant snap shot poll i wanted to get back to curley with you, jeremy, who just joined the team at the beginning. They are one of these smaller shift effigies. Shifty guys. My young man out of cal who i represent is almost back full speed or running. Im not putting my name on it. This is him in action. What do you like about him . I like a lot of plays he made with the jets, does he have anything left in the tank and why was you out on the open market right now . It was a trade from the lions. They got him why did they let him go so cheap . Very good question. Well see what he has. Speaking of what he has, how about dean Deandrew White . They have to have more receivers. They have a ton of talented i dont think uv young men that need to learn to play i every the game. They will get better with reps. Theres going to be growing pains as a 49er fan this year. I think they have a talented group with speed and big bodies. Its just not going to be easy early on and theres going to be ugly stuff but theres going to be flash plays that we can build moving forward. I have never seen so much flash over a fourth preseason game. No kidding. But just to get you ready for this one, we are going to go right back over to allen and veronica as kickoff is just ahead. All right. Vern, thanks so much. Now lets get you the results of our kpix 5 instant snapshot poll. We asked for your opinion on kaepernicks socks depicting policemen as pigs. We definitely have got a lot of responses on this one. Most people out there about 70 of you tonight calling this move offensive. Only about 13 backing the quarterback. The National Anthem is coming up just on the other side of the commercial break. And thats followed by the final preseason matchup between the 49ers and the chargers. Of course well have complete coverage off the kaepernick anthem controversy with a live report from san diego coming up tonight at 11 00 here on kpix 5. Enjoy the game. Good night. Captions by caption colorado comments captioncolorado. Com save an average of 548 whoo i mean, whoo. Lois pricese. [ifrom Grocery Outlet. Hi, its. The rest of us hey there. Hi hey. Loifor over 60 years now, Grocery Outlet has been selling the brands you know and love, for up to 60 less than what youd pay at Traditional Grocery stores. And check this out. Lois weve got meats and produce, naturals and organics, at prices thatll make you wanna sing. Good thing weve got a really catchy theme song. Hit it Grocery Outlet bargain market bargain market. Now its stuck in my head. Good evening everyone from Qualcomm Stadium. The 40 niners are meeting the chargers in the final preseason game of the year. I will be joined by ted robinson and tim ryan in a moments. And Colin Kaepernick has refused to stand through the first three preseason games. He was saying im not going to stand up for a country that oppresses people of color. To me it is bigger than for all and it would be selfish on my part to look the other way. Tonight is the 28th time they will salute the military, airmen and sailors. [ singing ] what so proudly we hailed at the twilights last gleaming. Whose broad stripes and bright stars, through the perilous fight, over the ramparts we watched, so gallantly streaming. And the rockets red glare the bombs bursting in air gave proof through the night that our