[applause] james thank you so much for watching. A huge thank you to mark ruffalo, Jason Schwartzman and amy smart. Tomorrow night,odette annable, eric idle and trevor noah. Reggie, take us home. Reggie [captioning performed by the national captioning institute, which is responsible for its caption content and accuracy. Visit ncicap. Org] reggie james see you tomorrow night. Mwah are ybut for years, i didnt do anything about it. Like many people, i thought i didnt have the money. Until i learned about the brilliant solution from bath fitter. Bath fitter puts a new bathtub right over your old one. Isnt that amazing . Bath fitter will measure and make you a new custom bathtub that they install right over your existing one with beautiful matching walls. That means you dont have to rip out your old tub. So theres no demolition or ridiculous costs. And they do it all in just one day. Thats my favourite part. Plus, you get to choose everything. Book a free consultation and find out for yourself. Heres a beforeandafter photo. This is a gorgeous acrylic tub that fit right over the old one. And only bath fitter has seamless walls, which guarantee a watertight fit. When you change your tub, you change your bathroom. And that can change your life. I know because i did it. Call today or learn more at bathfitternow. Com live, from the cbs bay area studios, this is kpix5 news. California roads are a mess. Just look at this. Tonight, the governor says he has a plan to fix them and you are going to pay for it. Kpix5 reporter betty yu is in san francisco. Betty, this would cost every single driver in the state. How much . Reporter we are talking 65, ken. When you think about the driver user fee. That is why in part, this is why the governors plan is considered unprecedented. The money would be split between state and local government. No matter where we went in san francisco, everyone seemed to agree on the road. They are bumpy and old. North beach is like off roading. It is pretty terrible. Reporter Governor Brown pitched an idea to fix the roads. Drivers would pay a 65 user fee and he wants to raise the gas tax. It needs a twothirds majority. Phil matier says it is going to be a tough sell. Reporter people who are concerned about the roads say this isnt enough. Republicans say you can get money from elsewhere. That is going to be part of the fight. But there is no other way to pay for the roads. Eventually, we have to come up with the money. Would you pay six cents more a gallon if the money went to fixing the road ins. Yes i would. Reporter how about 65 a year as part of a drivers fee to help fix our roads . Uh. To be honest with you . In this moment, with this economy . No. I cant. Reporter jim with the fix our roads Coalition Supports the governors plan. We are going to pay for it one way or the other. We either pay for it waiting for our car to be repaired or we pay much less and make sure our roads get fixed. Reporter and jim also says the drivers spent about a thousand dollars a year on repairs. By comparison, under the proposal fees, we would pay about 10 a month. Considerably less. That is why that group says that it is the only way to go. Live in san francisco, betty yu, kpix5. Shots fired on a college campus. One student is dead and the shooter is on the run. It happened this afternoon at Sacramento City college. Four men were arguing in a Campus Parking lot when one suddenly pulled out a gun and started shooting. One man was killed and a second was wounded and a third was grazed by a bullet. All while classes were in session nearby. It definitely is scary and you are sort of nervous and you think you are scared for no reason. Then they are taping off the campus and Police Officers with guns at the door checking in on us. Police say all three victims are students at the school. It is unsure if the shooter is as well. Tonight three Correctional Officers in san jose are accused murders suspected of killing a jail inmate. Our len ramirez broke the story on twitter today, and sources tell him there is compelling evidence. I want to express my profound sorrow. Reporter at a sometimes emotional news conference, lori smith conveyed condolences to Michael James tyrees family and condemned a violent act committed by three who were arrested on suspicion of murdering tyree. Each suspect was photographed and tipper printed at the same jail they are accused of taking the life they swore to protect. Reporter tyree was found dead lying naked in his own feces and vomit. There were multiple blunt force injuries. Video evidence shows the three correctional deputies entering his cell where they are accused of beating him to death over his refusal to take his medicine. He was in jail for petty theft and drug charges. He was due to be released to a Mental Health facility but remained in jail because there were none available. They beat this guy to death. Training is not an issue. Reporter after they were processed they were taken away to Alameda County where they are being held without bail in protective custody. Len ramirez, kpix5. The families of other inmates are planning to gather outside the Santa Clara County main jail to protect inmates from guard abuse. We should learn if Kate Steinles accused killer can be tried for murder tomorrow. Juan Francisco Florez appeared in court. They are deciding if there is enough to take him to trial. He says the gunfired by accident. Relief if concord for a lot of people. A convicted sex offender wont be moving into their neighborhood. 51yearold Frazier Smith was trying to rent a house, but the property manager has backed out. These fliers notified people that smith could end up nearby. Tonight, it is up to officials in Solano County to find him a home. That is where smith sexually assaulted four teenage girls. The Oakland Police department has had its share of problems over the years but tonight, the feds are pointing to it as an example that other agencies should be following. Christin ayers on what is finally going right for the opd. Reporter it was one week ago that Oakland Police dog logged their sixth officer involved shooting over the year. But their overall use of force numbers have dropped dramatically. We have 70 reduction. Reporter tonight was a chance for oakland to talk about what it is doing right from officer training to the use of body cameras. Im glad to be in oakland. Oakland is working with the house and the department of justice. Reporter ronald davis, a former oakland cop and East Palo Alto police chief now has the department of justice policing task force. He says oakland is among 30 cities trying to implement six pillars. Trust building, policy oversight. Community policing, training, officer safety, texnology. He says oakland is on the right track. Some of the programs are consistent with the recommendations of the president s task force. Reporter but once they took the stage, the audience had tough questions about the officer involved shootings read by mayor libby schaaf. All victims were black. What do you have to say about the incidents and haw do you plan to hold the force accountable . We will review it and hold officers accountable if necessary. Reporter numbers show progress, but real change will not happen overnight. Relationship building, trust building takes a long time. Reporter in oakland, christin ayers, kpix5. There is a widespread phone and internet outage and it is blamed on vandalism. Service got disrupted for most of the day across humboldt and mendocino counties. Sonoma and lake counties were hit as well. Vandals severed and at t cable. Some customers are back online tonight. Others should get their service in the next few hours. The score, tom brady 1, Roger Goodell 0. The new England Patriots quarterback will be back on the field next week after a federal judge lifted his fourgame suspension over deflate gate. The judge ruled the league should have notified brady in advance that he was subject to such a penalty. And denying brady the chance to see the report and exam witnesses was fundamentally unfair. Brady insists he played no role in the deflating of the footballs. He says he was treated unfairly. Fans packed levi stadium for the 49ers preseason finale and getting there wasnt too bad. The matchup between the niners and the chargers was the stadiums first big weekday traffic test of the new season. For the most part, traffic was heavy, but it was manageable. Fans started streaming in hours before the game to tailgate. How was it . Not bad. It is threeandahalf hours early. It is 2 45. What are you doing here . We were here at 12 45 actually. But it is football season. We dont care if it is exhibition or not. Reporter also easing the congestion, there were some no shows in the empty Office Buildings near the stadium. A lot of people took the day off or worked from home to avoid the hassle. As for the game itself . It was kind of close. Vern glenn has the highlights coming up in sports. A heros home comeing to night for the sacramento airman who helped take down a gunman on a train. Spencer stone landed at Travis Air Force base a couple of hours ago. Reporter steve large was there. [ cheers and applause ] reporter hello spencer stone. To the cheers of those waiting below, airman stone gave a quick wave and smile as he stepped off the refueling plane that served as his ride home to the u. S. And northern california. To the rock and roll tunes of aerosmith, he came back a rock star in his own right. I love him [ laughter ] reporter people came out to Travis Air Force base just to get a glimpse. We wanted to celebrate and welcome him home after such a courageous act. And to be there to see somebody who defended our country. Stones left hand is still in a brace. It was slashed with a box cutter. Stone who trained as a medic also saved the life of a gun shop victim on the train who otherwise would have bled to death. Now, stone will be a patient at the very air force Medical Center where he once helped treat patients. Airman stone now seeing his u. S. Superhero status firsthand. Steve large. Kpix5. The city of sacramento will hold a parade next friday, september 11 in honor of spencer and his two friends who all helped to stop the gunman on the train. Tonight, donald trump pledging his allegiance to the republican party. 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. And by signing, trump agrees to support the gops nominee. If it is not him. And not run as a third party candidate. A county clerk in kentucky is being punished tonight for refusing to issue marriage licenses to gay couples. Kim davis is in jail. Earlier today, she testified that gods moral law is higher than the courts. But the federal judge said that is no excuse to defy court orders by doing this. Why are you not issuing marriage licenses today . Because, im not. Why . Under Whose Authority . Under gods authority. The judge held davis in contempt and ordered her to jail until she ended her defiance. She says this is about her religious beliefs but Representative Nancy Pelosi something doesnt add up. My understanding is she has been married four times but she said issuing a license for gay marriage was against her principles. Well, it just didnt seem to be consistent with a religious objection if you have been married four times to say somebody else cant be married. All of the deputy clerks except for one, kim davis son, say they will start issuing licenses tomorrow. An 85yearold bay area guy comes face to face with two Home Invaders so he grabs his gun and starts shooting. Why he is Getting Police protection tonight. What you would do if you found 2,300 . Meet the fremont teenager who saved a veterans day. And we still dont know why this chicken tried to cross the bay bridge. But tonight, it has landed ,,, it is bad enough that someone breaks into your house. In fremont, a couple of crooks went after the family dog too. This is home Surveillance Video. You can see one of the two guys casing the house, peeking inside. And then, opening the screen. Police say they smashed the glass door to get in. Then they scattered cookies. The dog ate the food and the glass. When the homeowners returned, they found their pet bleeding from the mouth. Luckily, the dog is expected to be okay. The burglars got away with cash and jewelry. An 85yearold man didnt think twice when a pair of burglars broke into his el cerrito home. But da lin says it is what happened next that has the homeowner rattled. Reporter it is the talk of the neighborhood. We are calling him dirty harry. Harry is 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 is 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. Nine tenths of a mile is a long way. Reporter Police Caught the suspect running about 15 blocks away from the house with a bullet still lodged in the head. Tonight, he is in the hospital in stable condition. We are thinking of taking a collection to buy harry a stronger gun. Because. Uh, obviously, the gun he had didnt do the job. Reporter whats more, Police Say One of the suspects family members showed up at harrys door to confront harry about the shooting. It is 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. We are very proud of him. Reporter police say the man arrested is 34yearold shawn mulberry out of oakland. The second suspect got away. Im da lin, kpix5. There is Surveillance Video of the incident and police are reviewing it to night. You are struggling with money. Not even enough cash to buy lunch and you find more than 2,000. What do you do . Tonight, andria borba talked to a fremont teenage wore says he didnt think twice. Reporter it was tuesday when Tommy Oconnor went across the street to the 7 11 to get a soda for himself and another. He found a wallet with 23 one hundred dollar bills. Tommy whose family is on fixed income, just the day before didnt have money for lunch. But he didnt pocket the cash. He turned into a teachers assistance immediately. With us living month to month, it is a big chunk overman and i am so proud of him. Reporter tommy was worried and kept fretting to his mom. Mom, if it doesnt get back to the right person, they wont pay the rent. Reporter the cash has been returned to the veteran who left tommy 50. Hopefully all of my children would have done the same thing. Reporter tommys mom sent him this text message after all the drama went down. Im very proud of you son. You are one in a million. I love you to the moon and back. Tommys reply . You should be thanking yourself. You raised me. Im just doing something i wish everyone else would do. Reporter in fremont, andria borba, kpix5. Good guy. Good kid. Absolutely. Raised him right. Well, the new Star Wars Film wont be out four months. But tonight, the frenzy has already begun. This is a live look outside the disney store at san franciscos union square. Star wars fans are lined up. Who is that guy with the black helmet on . Waiting for the disney store to open up at the stroke of midnight. They unveiled 15 new star wars toys today and devoted fans want to be the first to get them. Star wars, the force Awakens Opens in theaters december 18. Not a bad night. We are fog free in the city. Upper 50s , low 60s. Arent you a little short to be a Storm Trooper . The golden gate, fog free conditions there. The atmosphere is so stirred up. Fremont, 57. Concord, 57. Look at the north bay. Second straight night and only the fourth time this summer santa rosa will drop into the 40s. 49 for a low overnight tonight. Big area of low pressure to our north. And it is dragging down some cool air from canada. By the time that air makes the trip from canada all the way down to here, it modifies but we have been on the cool side of average as the low makes the closest path. He noticed the breeze tomorrow gusting 20 to 25 miles an hour. Things will clear out for the weekend. Low pressure out. This big ridge of High Pressure builds close tore us. We will gain four to five degrees. Lets talk more about the wind. Tomorrow morning, not so bad. San rafael, 15 miles an hour gusts. San jose, only 5 miles an hour. Watch it build throughout the day. To the tune of, some spots, 30 miles an hour. By tomorrow evening. So, the wind will get stronger as the day progresses. An evening breeze, coastal fog. The fog stays away. Another mild to cool day tomorrow with the gusty winds and gradual warming saturday through the holiday weekend. San jose only 75 degrees tomorrow. Sunshine in palo alto, 74. Hayward, 72. Walnut creek, san ramon, concord, all shy of 80 degrees. Normal close to 90. Oakland, 74. Mill valley, 73. Cloverdale, your high for a friday, 80 degrees. We are warmer saturday by a few degrees. Few degrees more on sunday. Labor day back to low 90s inland and we will stay there through next week. That is your forecast, we will be right back. But this special financing offer ends labor day at sleep train. Its from virtually anywhere. Rn of danger its been smashed, dropped and driven. Its perceptive enough to detect other vehicles on the road. Its been shaken, rattled and pummeled. Its innovative enough to brake by itself, park itself and help you steer. Its been in the rain. The cold. And dragged through the mud. Introducing the allnew mercedesbenz gle. Its where brains meet brawn. Bit of a custody battle brewing tonight over the bay bridge chicken. This chicken stopped traffic at the toll plaza yesterday. Now it is at the Oakland Animal Services and at least three people have already called to claim the bird. Proving ownership could be tough since the chicken was not tagged and didnt have his wallet. A social media dustup tonight between Stephen Colbert and jeb bush. Colbert released this video explaining how bush is raffling off ticket to the late show premier. Bush is asking supporters to donate 3 to his campaign for a chance to win. Two can play this contest, sir. So tonight, today, or when ever you are watching this, im launching my own jeb bush on the Stephen Colbert late show raffle. The lucky winner will also be invited to the late show and submit one nonobscene question i will ask bush on their behalf. One question might be dont you wish you consulted stephen before consulting your contest . Colberts tickets are also 3 and proceeds go to the Yellow Ribbon fund which aids Service Members and their families. The late show premiers tuesday night right here on kpix5. The hors doeuvre for the the hors doeuvre for the nfl season is over. ,,,,,, foand millions moremericans lwho feel its effects. S, lets walk together to make an even bigger impact and end alzheimers for good. Find your walk near you at alz. Org walk. Nfl leads us off and why not . 49ers here on kpix5 said bon voyage. Dylan thompson under center. Quick hit. Bruce ellington. He gone. Twopoint try is good. 80. Right from the start on the first drive. Now has for hayne, making holes and running through them. Look at this. In front of his friends and family from australia. His final audition for the 53 man roster led 58 yards rushing. Im sure his family was proud of that as the 49ers won the game, 1412 with the chargers. Yeah. It was great. Four preseason games. How do you gauge your performance . I was trying to get better every game. I think tonight is probably our best night getting low and getting through tackles. Former 49er head coach jim harbaugh, salt lake city, utah down a touchdown. Oh, the wolverine quarterback jake has to make better decisions. Here is a pick six by justin thompson. 56 yards. That put it away as harbaugh lost his opener 2417. Raiders quarterback derek karr watched matt take a beating. Second quarter sack. Fumble in the end zone. 170 seahawks. Get it going later on in the third. 28yard score. Cut seattles lead to three. Going through at 186yard. A couple of touchdowns. Ricky lumpkin, one tackle and the seahawks won the game 31 21. San jose state won their opener big time over at New Hampshire tonight. Hey, baseball. First giants starters Tim Lincecums season was declared over after he had surgery to repair an injured hip. Tonight, rockies carlos gonzalez, a huge night against the giants. Bottom of the 4th inning and there he goes. He homered for the second time in the game making it 92. Gonzalez finished the game four for five. Four r. B. I. The rockies won it 113. And the giants sixandahalf back of la in the west. Well be back. ,,,,,,,,,