three-year-old girl still hospitalized tonight and her relative ruben ramirez is in custody. after a man hunt that lasted for hours, a break in a gruesome triple stabbing, ruben ramirez, the only person of interest has been captured. >> mr. ramirez has been located in the city of saven fran. >> authorities stopped short of calling ramirez a suspect. he is related to three stabbing victims, a 48-year-old woman and her grandchildren, a one-year-old boy and a three-year-old girl. neither the boy nor his grandmother survived. family members gathered outside the scene near san jose, sobbing, hugging and trying to make sense of an unthinkable crime. >> a family member had come home and at approximately 3:30 and found these three people stabbed isn't the residence. >> they were this man's family members. >> my proer called me. he said to come here because something terrible has happened. >> i think everybody in the family is really confused and really sad right now. >> authorities shut down part of the neighborhood to find ramirez. neighbors say he has a history of mental illness and frequent run ins with the law. he has frequented homeless shelters. tonight authorities say he is the only person of interest they are looking at sgl. and thorts are expected to be here throughout the night. again, they stress ramirez is not yet considered a suspect. they are questioning him and trying to connect some dots before they make that determination. ken. >> yeah. i know kristin the investigation is -- is really just beginning, but have neighbors said anything about this guy? do they know him in the neighborhood or was he kind of keeping to himself. >> you know, people certainly know who he is, and we certainly heard them reiterate that he did have a history of mental illness. there were some reports out there that he was off his meds at this point, but authorities not confirming that to us; however, we can confirm that he did have a mental illness and has had some run ins with the law sthiems in a homeless shelter, information like that. >> all right. more of that will be developing as the days go on. kristin ayers in san jose. thank you, kristin. now, from vallejo, two young boys were shot tonight and we've been told the boys pr younger than 12 years old. police say the shooter isn't much oilder than they are. the victims were standing in a group of 10 to 13-year-old kids in front of a house on arkansas street. police say a pair of older teens approached the group at around 7:00 tonight and one of them pulled a pistol. one boy was hit in the foot, the other in the shoulder. both are expected to be okay. the older teens then ran off but police caught up to them quickly. no word yet on what started it all. we're going to show you some video that a man claims he took of bay area police barging into his home and using a taser on him. before we get deeper into the story, check out the video. this is it in its entirety. >> i'm recording everything that's happening now. we're going ing come inside just to let you know that. >> you're going to come inside without a warrant, probable cause, you're going to kick my door down. >> domestic violence. >> there is no domestic violence. there is no arguing. between two people, i'm right here. they're going to arrest you. they're going to bleep shoot us. >> how many children are in the house. >> there is one child in the house, and one is playing outside. officer, there is one child --. >> why are you guys not coming out? why are you not coming out. >> because we don't live in a police state, sir. marshall law has not been established in this country. >> okay. okay. can you do us a favor, all get down on the ground and put your hands behind your back because we're going to kick the door. >> he can't record if his hands are behind his back. we need documentation of this violation of their civil rights. >> get away from the door, sir. >> you're going to kick my door. you kick my door down. you kick my door down. >> get on the ground. >> you kicked my door down. >> yes, we did. >> no. you have no right to be in here. you have no right to be here. >> get down. >> you have no right to be in here. do not touch her. you are assaulting her [ screaming ] . >> we want to apologize for some inappropriate language that ended up on that video there. the man says that this all went down on friday in the sonoma county town. kpix 5 joe vasquez talked to the man who i assume shot that video tonight. joe, what did he have to say. >> his name is james wood, 33 years old. he says he was having a loud argument with his wife. what he didn't know is a neighbor called 911 for suspected domestic violence. next thing he knows after his wife and he had separated and they were cooling down, the cops showed up. there were four officers. he says they had their pistols pointed directly at him and his wife. the whole time for several minutes until he turned on his cell phone. that's when they switched to tasers. >> you're going to come inside without a warrant. >> i asked several times why are you going to take me to jail? what am i being accused of? when they didn't answer, that's when i asked do you have a search warrant. that's when they said, no, we don't need one. and i was like, you're not getting in here. we had surrendered inside our house. we had surrendered. i was not going to surrender my door. >> wood is an army veteran. he just recently arrived home from a year-long tour from afghan tan. >> this is the thought running through my head while i was scolding them for holding weapons. i was like if you guys want to point guns at people and kick in doors, i can talk to a recruiter and y'all will be shipd away right quick. they kicked the door in, and they grab your wife. you're yelling at them saying that's my wife, that's my wife. >> you're assaulting her. you are assaulting her, officer, and then what we can't see is are you doing anything else because they suddenly taiz you right then. >> this is all i did. that was it. >> shooting video with your phone. >> shood shooting video with my phone. >> and this is your military id. >> this is my military id. >> you have no right to be here. >> that's hard to watch. >> what's going through my head right there is the cops are coming through my door. who am i supposed to call. >> we showed the video to paul hender sewn son, a legal affairs expert. >> in the case where you have a third party calling from outside the house, the cops have to investigate. they're not necessarily going to take or believe someone telling them from behind a locked door that everything is okay without doing an investigation. >> late this evening, police released a statement saying because it was a call for a possible domestic violence, the officers had to check the welfare of everyone in the apartment and to leigh would be, quote, a neglective duty. the statement goes onto assert the constitutional law allows for officers to make those types of entries, kicking in the door without a warrant. >> mr. wood faces several charges. he says, you know, the whole argument started over finances with his wife. now, they're trying to figure out how to afford an attorney in the process, ken. meanwhile, ms. wood showed me some bruises on her arm just a short while ago here. she says, you know, the irony here is that it was a call for a domestic violence, and it was the police officer, she says, who put the bruises on her. >> it's an interesting case, joe, because i think sometimes people get, you know, probable cause mixed up with search warrants. a search warrant is authorized by a judge. you koum into a residence, and you search for specific items. that's not what police were doing. this is probable cause. neighbors were calling, there's an argument, a fight going on, and as mr. henderson pointed out, they have a right to enter your home if they think somebody might be in danger. >> but just to put a button on it, though, is mr. wood says they wouldn't tell them why the cops were there. they wouldn't say so they were just upset about it and refused to let them in. it appear it is situation got escalated. >> yeah. interesting case. we'll have to see how it works out. joe vasquez in sonoma county. thank you, joe. get ready for a big change in the weather. paul, rain in mae, really? . >> have not seen it yet so far this month, but we will after tomorrow. radar right now kpix 5 high def doppler dry. for the entire month you have 0 for may when it comes to oakland hose and san francisco. low pressure will fire area of unstable air in our direction. showers heading our way. we'll talk about how much, how long coming up in a few minutes. >> all right. paul, we'll see you then. most of us care a lot about where our food comes from, but what about our clothing? that deadly factory collapse in bangladesh has a lot of retailers around the world vowing to step up worker safety, but kpix 5 goodrich tells us not everyone has signed on including one major chain based right here in the bay area. >> ken, there is a midnight deadline looming tonight to sign this global path but tonight u.s. companies like wal-mart and bay area-based gap aren't really signing off on it yet for a number of reasons, one, mainly legal liability but tonight shoppers are weighing in on who's in and who isn't. >> it's pictures like this from bangladesh that has some shoppers at bay area malls thinking twice about what they buy and who is making it. some savvy shoppers are taking note which retails have signed a global-factory-safety pact and who hasn't. >> do you know off the top of your head who has signed on and who hasn't. >> i would but not name them on the tv. >> who's in? the only american ones to sign on so far, calvin clein, tommy hillfiger and izod. who isn't in? these major u.s. retailers, all of them citing various reasons for sot signing the pact. gap, which contracts with 78 factories in bangladesh says it will sign if there is a change in the way disputes are resolved. wal-mart says it will conduct its own inspection of its 279 factories it uses in bangladesh. the national retail federation criticizes the pact for having a one-size-fits-all approach, but some shoppers aren't buying it. >> we live in a country so fortunate that we take care of ourselves want for us to be so fortunate is to help somebody else, as well. >> first and foremost you've got to look after the health and safety of your workers. that's primary. you should shop at the shops that actually makes that happen. >> and so why the reluctance tonight? it's not to say gap is turning its back on bangladesh. it's put a lot of money into that and the safety provisions. it just wants to look at the fine language involved in this global pact and see if it's actually going to sign on. i should also mention, ken, that companies like walt disney company have completely pulled out and are ceasing all operations in bangladesh as of now. >> amazing when you look at how much of our merchandise is made overseas in factories not, you know, all that -- similar to what we saw? bangladesh. >> absolutely. >> all right. thank you. coming up, video that shows how tough it really is to be a parent. the common way kids put their moms and dads in deadly situations. and wait till you hear the outrageous ways super rich tourists are using disabled people to cut in line at disney land. plus do you have to stop if the security alarm goes off if you're shopping? know your rights. the store policies you do and do not have to follow. why shop t.j.maxx and marshalls? one. you get all the awesome brand names. two. you get them for less than department stores, and that's awesome. three. she'll think you look stylish and awesome. four. you'll actually be awesome. which is awesome. driving is dangerous. but dealing with kids in the car while you drive.. sastrous. mary . we all know ta on a cell phone while driving is dangerous but dealing with kids in the car while you drive, potentially disastrous. mary cay shows us one mom had her eyes off the road 50% of the time. kids can be a handful in the car. when they beg for your attention, the ride could become dangerous. four parents agreed to let us put cameras in their cars. >> there is never a dull moment. sometimes they can be fighting. >> want to go for a ride. >> suzanna has a newborn and two toddlers. >> what is your biggest challenge. >> probably staying focussed on the road. >> we had three safety experts analyze the videos. looked at how long the drivers kept their eyes off the road and found the mother of three was the most distracted. >> your eyes off the road time was at least 50% there for a good minute the two minutes and that's really dangerous. what are you looking at. >> right now i'm looking at the new bourn when his head was moving forward like that. >> do you ever find it dangerous if you're distracted. >> national safety council expert john noticed a potentially-davengous situation when david benjamin reached back while the car was moving. >> he was chewing on his shoe. i wanted to make sure nothing was coming off the shoe. >> i wouldn't have done that until the car was totally stopped. >> both benjamin and melissa took their eyes off the road occasionally but got the best marks. suzanna fallon and david benjamin did the right thing because eventually they pulled to the side of the road. >> it only takes a second for something to happen. >> it's good to keep in mind crashes always seem to happen when you least expect them. for the past couple of weeks, we have been telling you about your rights and tonight we tackle the mall and what store security guards and and salespeople can and can't make you do. >> union square, san francisco, with its big stores and bu tykes, you can really shop till you drop. >> of course. >> yep, that's why we're here. >> no matter where you go, before you swipe, you should know a little something about your rights. joe rideout is with consumer action. >> we certainly do get a lot of inquiries from consumers. >> for example, if you use a credit card when the merchant asks you for photo id, do you really have to show it. >> they can ask but, no, you don't have to comply if you're using visa or mastercard. >> if they make it a condition to the sale that is counter to mare merchant agreement with visa or mastercard. >> you do have to show id under certain conditions like if you're buying booze, tobacco or certain drugs or for any shady transaction that might be flagged during the authorization process. >> what about a minimum purchase. >> a little challenging because in this day and age, i don't carry cash anymore. >> i don't carry cash on me at all. >> a minimum purchase with a credit card is legal. >> they cannot do this with debit cards but as long as they do it with debit cards it can't be more than 10 tlrs but it can be a $10 minimum. >> let's talk reseepts. i bought this item. do i really have to show this to get out of the store. >> no, you don't. >> i wasn't aware. >> you do not have to show any kind of repeept and if you paid for the goods, they are now yours. >> the exception, membership stors like costco. when you sign up to be a member, you agree to show a receipt upon exit. >> it's their policy. >> yeah. >> finally those darn security tags. >> so you finally get your item and you're walking out of the store and, yeah, you set off the alarm because the guy didn't take the tag off. do you really have to go back. >> you're not really obligated to do anything else for the store, but then you have to wear the item with that tag on it. >> in this case, just stop, ask the store to remove the tag. it's worth the hassle. >> in the end even though you may understand your rights, someone else may be stepping on your rights. as a practical matter, it may be best to pick your own battles. >> yeah. stores have rights, too, regarding membership stores, you really should check the fine print. costco, for example, specifically requires that you wear shoes and a shirt at all times. can't take your shirt off, ladies. and it can inspect any bag upon entering or exiting. bet you didn't know that when you signed on so now you know. >> there you go. good information. >> but if you get a good checker outer they'll put a little happy face if you bring your kids with you. they'll check the receipt, give you a happy face, too. >> that's included with the membership fee. >> there you go. >> well worth it. >> yes. weather time, tonight we have mainly clear skies. tomorrow morning clouds and perhaps even showers come tomorrow morning. the original bridge turns 86 years old next tuesday. beautiful shot from chopper 5 earlier tonight. another pretty shot from our rooftop looking back toward tower with current temperatures outside we have 56 degrees in concord, oakland 58, san francisco 54 and upper 50s for you in san jose and santa rosa. zoomed out kpix 5 and high def doppler and turned on the radar showing you smouf the showers. that stuff will be heading to our direction heading south and east overnight tonight. showers in the forecast for alameda. our microclimate forecast stop this evening a few showers. chilly, cloudy, high of 65. some sunshine by friday afternoon and a little milder with high of 68. something is changing. we rarely shee an organized storm system head toward us in may, but wefrment this looks more like november thaven it does may. no hot pressure anywhere close to us and pretty active jet stream. if you were to fly to hawaii right now you'd have one heck of a head wind. showers moving in tomorrow as that storm will be heading in our direction. in any one spot uong it'll rain for more than 10 or 15 minutes but showers in may will happen tomorrow. high pressure will happen to get here by friday. taking that storm, moving it out, sunshine is back by friday afternoon and your weekend plans are a-okay to get outside. going to be beautiful on both saturday and sunday. we are staying breezy and getting cloudy overnight tonight with widely-scattered showers perhaps impacting your morning commute tomorrow. sunshine is back for you by friday afternoon. highs tomorrow chilly, san jose 68 degrees, well below normal. los altos 68, union city only 66, scattered showers for pleasant hill and san ramon most of the day away from the water 60s. san leandro 66 degrees with scattered showers. here comes sunshine friday afternoon, weekend gorgeous by sunday mid 80s inland. look at the bashgs near the bay we could touch 80 degrees monday. >> wow. >> so short-lived little rain spell but showers tomorrow. >> sounds gootmented. thank you, paul. be right back. ,,,,,,,,,,,,,,,,,,,,,, disabled.. to skip the line e says . disney is looking to report that rich parents are hierg the disabled to skip the line. >> yeah. new york post article say that is families are hiring a disabled tour guide in many cases to pose as a relative and it's disney's policy to allow fast pass access to families of people in wheelchair or scooter. >> run up to $130 an hour or just over a thousand for a day. disney says they are taking steps to deter this. and as of now the count down to labor day is still on. we are watching and keeping you updated on the progress of the new bay bridge. look at 'em. living on cloud nine with that u-verse wireless receiver. you see in my day, when my mom was repainting the house, you couldn't just set up a tv in the basement. i mean, come on! nope. we could only watch tv in the rooms that had a tv outlet. yeah if we wanted to watch tv someplace else, we'd have to go to my aunt sally's. have you ever sat on a plastic covered couch? [ kids cheering ] you're missing a good game over here. those kids wouldn't have lasted one day in our shoes. [ male announcer ] add a wireless receiver. call to get u-verse tv for just $19 a month with qualifying bundles. rethink possible. sofrjts how bad were the giants in canada. >> oh, what a transition. i just wanted -- if aud fast ball, you can pitch for this rotation right now, brother. the giants were so bad in canada that they have their passports revoked. they gave up 21 runs in two games and ryan vogelsong might be losing his grip in the starting rotation. marco scutero booted that one. angel still looking for that baseball. down five to one after the first and got worse in the second. jp earns launch one in the second deck for two-run jack. allows eight runs in two innings. only three of those werned but jays win 11 to 3 and sweep that two-game series. the a's mustered only two runs against the angels, not enough to overcome that man. nelly cruz three run, two run charge whose earned run average is over seven. rangers lead 6 to 2 and lead the a's by 7 in the west. it wasn't that long ago that mark jackson's press conferences had a different tone. >> and we should be embarrassed with this loss. >> what a difference a year makes, and if the warriors' season ends tomorrow against the spurs, at least golden state has given some hope for the present and the future. >> if you were to rewound this thing all the way back today one and said we'd have a game 6 at home in the second round of the playoffs against the san antonio spurs after defeating the no. 3 seed, we would have taken it. >> come on, everybody. unite. it is time to take that series to game 7 if they win tomorrow. here's the top five. no. 5, last time we'll be able to show you mcclain's mug shot. former 8th overall pick retired today after three years. bills and heat, cole helps eliminate chicago with big dunk and later got a bowl of soup with that haircut. and no. 3, the announcer thought it was gone and the hitter thought it was gone. jun ju wu show boated. no. 2, edward cabrera had of the hit in the ninth and padres beat night against the orioles, huge the o's. no. 1 after scoring a touchdown in indoor football game, hay maker's coach dave knocked r. j. rollins to the ground. was suspended. i will be at the coliseum tomorrow to see if the warriors can push it to game 7 and take it back to san antonio. >> yeah. >> they can do it. >> i want to go to the river walk. >> okay no reason whoi they can't. >> well, there is. they're pretty banged up. >> well, a couple ankles preventing them from going there. >> no reason why they can't? we'll be right back. ,,,, benjaminmoore.com/bayarea. benjaminmoore.com/bayarea. our next newscast is tomorr morning at 4-30. . letterman is next with ed helm. ( band playing "late show" theme ) >> from the heart of broadway, broadcasting across the nation and around the world, it's the "late show" with david letterman. tonight... plus paul shaffer and the cbs orchestra. i'm alan kalter. captioning sponsored by worldwide pants and cbs and now, brown thumb gardner, david letterman! ( band playing "late show" theme ) ( cheers and applause )