Live from the cbs bay area studios this is kpix5 news. The democrats turn to face the American People are sick and tired of hearing about your damn email. Thank you. Me, too. Me, too. Just hours ago it was finally the democrats turn to face off and Hillary Clinton got some unexpected support from her top rival. All the debate highlights and reaction coming up. But first the bombshell discovery tonight about one of the guards accused in the beating death of an inmate in san jose. Betty yu is outside the Santa Clara County main jail in san jose with new information tonight. Betty . Into the Santa Clara County courthouse today, did a bunf is home comp reporter weve learned about new evidence revealing internet searches and the timing of them could be a big blow to this jail guards defense. U poop . defecate 27 year old rafa is o charged with mur sources close to the investigation tell kpix5 that jail guard Rafael Rodriguez seen here walking into the Santa Clara County courthouse today did a bunch of internet searches on his home computer and his phone just hours after a mentally ill inmate was found beaten to death in his cell. Michael tyree died from Blunt Force Trauma covered in feces and vomit. Apped up about 3 hours ago. Ica, which sources say rafael looked up the following. Projectile vomiting just prior to death, punched in the stomach. Can you die if someone punches you in the armpit and if you get punches in the armpit, will you in essence defecate . 27yearold rafael is one of three guards charged with murder. Shortly after his arrest he told the mercury news that hes innocent and never touched the inmate. Today the judge ordered them to stay away from county jail and the inmates who were on the same floor where they allegedly killed michael back in august. Right now all three are out on 1. 5 million bail each and have not yet entered a plea. The victims attorney spoke after the hearing. Are still heartbroken and sad and every day miss their brother and in terms of whats going on in the jail its interesting to see how the county is going to continue to investigate. Reporter all three jail guards are due back in court on november 9. Meantime the santa clara board of supervisors is working on improving safety in its jails including possibly expanding its camera surveillance system. Live in san jose betty yu, kpix5. Andria borba with who shined believe in a society where all people do well, not just a handful of billionaires. And i dont think we should confuse what we somewhere to do every so often in america, which is save capitalism from itself. Htest in las vegas we need new leadership and we need action. The first democratic debate wrapped up about three hours ago. Andria borba with who shined the brightest in las vegas tonight. Well, ken, during the Republican Debates every candidate was trying to paint themselves as an outsider. It was just the opposite tonight as the democratic president ial candidate were all touting their resumes and experience for the countrys top job. With a bit more breathing room on stage than during the Republican Debates the democratic president ial candidate lined up for their first showdown in nevada. Five candidates went toe to toe with Anderson Cooper and each other more than two hours. Among the big moments of the night according to kpix5 political analysts was this. And that is that the American People are sick and tired are hearing about your damn email. As senator Bernie Sanders literally and figuratively offered a life raft to clinton over questions of her emails while at the state department. That got huge response and jim webb said no, the emails are important and Anderson Cooper said do you want to respond and she said no. Its always the republicans or their sympathizers who say you cant have paid leave. You cant provide healthcare. They dont mind having Big Government to interfere with a womans right to choose and to try to take down planned parenthood. Theyre fine with Big Government when it comes to that. Im sick of it. Other candidates like Maryland GovernorMartin Omalley who has said he wouldnt mind the vp job seemed to be playing nice with hillary. A couple times tonight he had the opportunity to really go after Hillary Clinton and he did not. It wasnt all policy talk and kind gestures. Two gaffes stick out. His constant whining about not getting enough time in the debate. And she says this is Lincoln Chaffees oops moment. The last sequels, my very first photo, i just arrived. My dad just died. Are you saying you didnt know what you were voting for . When Bernie Sanders was asked about clintons emails after the debate, he said the response kind of popped up. He did not read any real prep instead choosing to study policy books. Cnn which hosted the debate kept this empty podium for Vice President joe biden just in case he decided to show up. He did not. He watched the debate from washington. Former president bill clinton is in vegas tonight, but he didnt go to the debate either. Instead he tweeted this photo of himself watching from his hotel room. Donald trump lived up to his promise tonight and live tweeted the debate writing sorry, theres no star on the stage tonight. Well find out tomorrow just how many people tuned in to watch. The first Republican Debate had a record 24 million viewers. Live look outside tonight, another sizzling day across the bay. It was so hot i guess we broke some records, didnt we . We did. Hayward, kentfield, san jose blow 90s, daily record lie temperatures low 90s, daily record high temperatures, concord was a record lie. Check out livermore. That 101 is the second latest 100degree day in the citys history. You have to go back to october 14th, 1950. We had truman as president the last time we hit 100 degrees in livermore that late in the season. Well, things are changing tomorrow. See that counterclockwise swirl south of los angeles . That will bring cloud cover and much cooler weather soon. Well talk about how much cooler and a rain chance in the bay area coming up in about 10 minutes. Right now firefighters mopping up after two vegetation fires in san rafael. These broke out in the Robert Dollar hill area about 7 30 tonight. Witness says say leave smoke could be seen as for away as fairfax heavy smoke could be seen as for away as fir fax. Those fire broke out fairfax. Those fires broke out in an area of heavy brush and timber. No word yet how the fires got started. Tonight investigators identified the drifter who they believe pulled the trigger killing a tourist and hiker. 23yearold morrison lamply in the middle is accused of using a stolen gun to shoot audrey carey in Golden Gate Park and then steve carter in fairfax. Of the three drifters arrested lampley has the most serious criminal record busted multiple times for drugs and weapons. All three suspects are due in Court Tomorrow morning. The three suspects were known to hang out in the haight in San Francisco. Drifters and transients are such a problem the line was out the door in a Community Meeting tonight to talk about them. Our mark kelly was there tonight. There has been a growing sense in the community that things have changed over the last six to eight months of. Reporter that change . Drifters, transients, slag a vagabonds, they want the police to get them out. When we ask the police, their usual response is theres nothing we can do. Reporter their anger boiled over not once but three times. People who lived here 20 and 30 years who have tolerated a lot and are frustrated by whats happening in this neighborhood. Reporter most frightening for many, the recent murder of 23yearold audrey carey in Golden Gate Park. The three suspects fit the description of what this neighborhood says has taken over their streets, drifters. I see people who are menacing. They have dogs. They are accosting people. Reporter and neighbors say these drifters are often on drug or committing a crime. Drugs or committing a crime. Even if theyre selling a 1,500 bike for 20, it allows them to get their next fix and continue. Reporter to give you an idea how concerned this neighborhood is just look at the robberies. Last year there were 56 total. This year already 78. But here where the summer of love ignited some worry these drifters are getting too much hate. They can be violent and i have seen those folks be violent, but lets not lomogenize everybody. Police have a homogenize everybody. Police supera plan for more foot patrol around the park. The evening commute tonight was something that nobody want police have a plan for more foot patrol around the park. The evening commute tonight was something that nobody wanted to be involved in. 1 involved the san bruno b. A. R. T. Station. A train hit one person on the tracks. Then a train struck and killed a pedestrian just south of the fruitvale station. The light rail lit a man on the un hit a man on the unrestricted area of the tracks in the afternoon. Service was shut down almost five hours. Take a look at the pictures were about to show you. Its a man wanted for running over and killing a pedestrian. These pictures come from a san jose bakery taken at north white road and florence corner about 7 a. M. The pedestrian, a man in his 60s, died at the scene. The suspects truck is described as a white ford truck with tinted windows and missing bumper. Were getting our first real look tonight of a machine suspected of stealing and man suspected of stealing and killing several cats in san jose of 24yearold Robert Farmer made his First Court Appearance today. He asked the judge for release while awaiting trial. The judge said no and set bail at 75,000. Farmer was arrested in a home depot parking lot last week. Police say he was sleeping in a car way dead cat inside. Investigators suspect farmer is the man seen grabbing a cat in a Surveillance Video taken about three weeks ago, but there are plenty of other cases. Hes also the man you allegedly see walking across the scene in this video. Numerous cats have disappeared and turned up dead recently in san jose and cambria neighborhoods. Halloween costumes going up in flames tonight, we know it was no accident. Want to save 20,000 on a new car . Tonight we expose a tax loophole that you can drive a tesla model x through. And a snibbing on the loose in San Francisco snake on the loose in San Francisco, we were there for the unusual rescue six hours ago. Halloween costumes. Filline store with smo shows a scary scene in a san leandro walmart, tonight a machine is accused of torching a man is accused of torching Halloween Costumes filling the store with smoke. Reporter this video shot by a customer captures the end of what police say was a three hour odyssey inside the store. Store Surveillance Video captured the man inside as early as 10 a. M. Likely pouring lighter fluid all around the store before igniting costumes in the halloween aisle. Security officers inside the store saw a suspicious man and this was the man who came into the store pushing a shopping cart and once he was inside they saw some sort of a container in the shopping cart that was leaking liquid. Reporter authorities received multiple 911 calls from inside the store and the Fire Department pulled some of the burned costumes outside of the store as part of their investigation. This interior video was captured by shopper paul miller. Miller told us by phone he was just in the store shopping for his children when he saw the flames suddenly erupt and a man standing nearby. He shot just a few seconds of video of the flames before running outside. Another shopper was inside the store earlier and shudders at the thought of what could have happened. Its kind of scary, though. Reporter police say the accelerant used was lighter fluid and that the man actually took it from the garden section inside the store. This entire incident is captured on the store video at walmart. The suspected arsonist is a 40yearold man. Investigators have not released his name. Tonight california is dropping a plan to let violent inmates fight wildfires. Public safety concerns were raised by critics including the unions representing real firefighters. The state still plans to include inmates who have up to seven years remaining on their sentences. The number of inmate firefighters has fallen in recent years because more offenders are being sent to county jails instead of state prison. Inue to search were looking two, three, four, five years down the road we know that eventually the pool of inmates that we have to pick from is going to get even smaller than it has in the last couple of years. The department of corrections says it will continue to search for ways to increase the pool. Currently about 3,800 inmates assist firefighters on the front lines. Twitter is slashing 8 of its workforce. The social Media Company announced today it will lay off more than 300 employees. The downsizing comes as twitter is restructuring its engineering organization. Ceo jack dorsey made the announcement, of course, on twitter. He tweeted made some tough but necessary decisions that enabled twitter to move with greater focus and reinvest in our growth. This is how one twitter employee found out hed bench laid off. The engineer says been laid off. The engineer says he got the news about his termination on twitter. He got an error message and couldnt log on. He later posted another tweet that said the company left him a voicemail. Tonight theres serious incentive to buy teslas new model s. Its a tax loophole that could save you tens of thousands of dollars, but the critics say its just another break for the rich. You have to step into the car and put your child down in the car seat. Reporter its efficient, all electric and pricey, but turns out the tesla model s comes with a tax loophole big enough to drive a model s through. I dont think its a loophole because youre following the tax code of. Reporter but it may give you what amounts to about a 20,000 discount on one of these. The catch . You have to own a business. The law that Congress Passed was to encourage business spending and to stimulate the economy. Reporter for Farm Equipment and heavy machinery . Yeah. For pizza ovens, pizzerias, equipment used in a business. Reporter should a luxury vehicle be considered equipment . It qualm guys as equipment if its owe 6 qualifies as equipment if its over 6,000 pounds and at the time i didnt think congress realized that this market would explode like. This. Reporter according to their tax bracket, Business Owners who qualify can save 10 to 15,000 in tax saving and buying teslas suv is also nice because it also qualifies for the electric vehicle tax credit because it shaves off about another 10 grand and steve ellis says that means clarifying the tax code. Tesla is doing fine on its own. We dont need to be stimulating people to be buying more tess has of. Reporter you need to use the car teslas. Reporter you need to use the car for business more than 50 of the time. Tesla didnt comment except for saying, we stay away from tax advice. That tax break has also been called a hummer of a tax break because it applies to any car over 6,000 pounds. There is new video tonight of a shark feasting on a sea lion near alcatraz. We slowed it down because it happened so fast. You can see the shark leap out of the water with something in its jaws. This video comes from alcatraz cruises. Now they have a camera on board one of their bodies. One swimmer told us tonight hes not surprised at all about what happened. Sharks come in the bay and my reaction is it happens, just happened to be caught on film. A lot of people dont think of sharks in the day. So i think thats why theres a lot of excitement. The other video was taken by some tourists who were standing by the dock. Well, ill tell you what. Summer may finally be heading the other way. Man, its about time, what, two weeks to halloween . Lets get some cooler weather around here. Cooler by a bit coming up tomorrow, perhaps wetter as we head toward the weekend but another mild night tonight. How about 76 degrees in livermore, san jose 72, close to 70 in oakland. San francisco and santa rosa cant shake the heat this year. Oakland 61, livermore 62, mild night in both san jose and San Francisco, sunrise 7 17. Changes tomorrow, i showed you this map a few minutes ago. The same low pressure area that gave us wind and a couple isolated thunderstorms 11 days ago is making a return trip to southern calf. Rain likely not. The clouds, cooler weather gets here absolutely tomorrow. Hot weather is finished. Were down to the 70s and 80s. Showers get close saturday from a different low pressure area, this guy coming in from the north. There will be a front that moves through. We will get cooler weather saturday and sunday, but looks like the majority of the rainfall, the jet Stream Energy will move into the pacific northwest. We get a few showers from the north bay, well be lucky. Dropping temperatures, but no rain for most of us. Partly cloudy tonight, a little fog along the coast line. Cloudier, cooler tomorrow and thursday with that tiny shower chance still slated for saturday. Concord still warm, 87 degrees, average 78. Santa clara tomorrow 85, campbell 85, union city 81. San ra money, dub dublin, pittsburg 82 tomorrow. Cool down more thursday, a couple degrees more friday, few degrees more saturday. Sunshine returning sunday, monday and tuesday. It feels to the outside today. The hottest of the hot weather now gone. That was everywhere, even in the city. 87 degrees in San Francisco, 17 days shy of halloween, weird. Thank you. Imagine walking down the street and seeing this. The slithery discovery in San Francisco tonight. Now thats scary. And coming up on the late show with Stephen ColbertSarah Silberman and elijah woods. ,,,, my name is jamir dixon and im a locafor pg e. Rk fieldman most people in the community recognize the blue trucks as pg e. My truck is something new. Its an 811 truck. When you call 811, i come out to your house and i mark out our gas lines and our electric lines to make sure that you dont hit them when youre digging. 811 is a free service. Im passionate about it because every time i go on the street i think about my own kids. Theyre the reason that i want to protect our community and our environment, and if me driving a that truck means that somebody gets to go home safer, then ill drive it every day of the week. Together, were building a better california. vo you can pass down a subaru forester. dad shes all yours. vo but you get to keep the memories. Love. Its what makes a subaru, a subaru. Police responded this evenio de haro and be it wasnt exactly snakes on the plane. It was a snake in middle of a bay area street. Police responded this evening to the hard row and barry harrow and barry streets in San Francisco and found this, a snake slithering around. Officers kept a close watch on it until they got there to catch it. Do you think its a python . We dont really know. Who is the photographer . If it was a python, a photographer is not that close. I know everybody in this audience and its a stable of dodger haters, but can Clayton Kershaw finally win a playoff game . Dodgers life dependent on it tonight and somewhere marry harikari is smiling, drawing moment at Wrigley Field next. , [female announcer] for thousands of local foster children, Extracurricular Activities help provide a sense of identity and a path to success. To help, sleep train is collecting donations for the extra activities that for most kids are a normal part of growing up. Against the mets to keep thr season alive, and to get ity started dodgers needed a win tonight against the mets to keep their season alive and to get it they started pitchers that had not start a biffer that had not won a playoff pitcher that had not won a playoff game in two years but was out of his mind tonight. Yoenis sis if he do is bobbles it. Cespedes bobbles it and Howie Kendricks scores. Kershaw brilliant allowing just one run striking out eight in seven inning. Dodgers win 31 and they forced a game five in l. A. The cubs are one win away from the mlcs. Anthony rizzo gives chicago the lead with a solo home run. They win it 64. Its the first time in 99 years at Wrigley Field the cubs have clinched a playoff series at home. Sharks goalie martin shone recorded his second straight shutout tonight in d. C. 2nd period, a score on the rebound makes it 30. How about the sharks . They win 50. Granted ovechkin did not play. Who cares . Okay. Warriors versus denver. It may be preseason, but look at steph curry ready for the big time onehand noter. Denver won 114103. Before floater. Denver won 114103. I apologize for us being healthy. I apologize for those playing in front of us. I apologize for all the accolades we receive as a team and individually, very truly sorry. Okay. When youre the defending champion, youve got a little target on your back and everywhere the warriors go in every arena people want to take you down. Who is complaining, the clippers, the rockets . Theyre losers. Thats why theyre complaining. Oh, i love you when you stir the pot, ken. Stirring it. Luke walton interim head coach as curry recovers from back surgery. Well take a commercial break, be right back. ,,,, shining, shimmering, splendid tell me, princess, now when did you last let your heart decide a whole new world welcome to aulani, travel and leisure winner for Top Family Hotel in the u. S. For special offers, visit disneyaulani. Com or call your travel agent. The beautiful sound of customers making the most of their united flight. Power, wifi, and streaming entertainment. Thats. Seize the journey friendly. vo you can pass down a subaru forester. dad shes all yours. vo but you get to keep the memories. Love. Its what makes a subaru, a subaru. Ng at 430. Thanks for watching. The late show with Stephen Colbert is up next. Our next newscast tomorrow morning at 4 30. Lets make a deal. Lets all stay up and see you right here. band playing intro m captioning sponsored by cbs stephen hey welcome to the late show, everybody Stephen StephenStephen StephenStephen Stephen stephen hey, thanks so much, everybody. cheers and applause welcome