Live from the cbs bay area studios, this is kpix 5 news. Breaking news. Chaos in charlotte, North Carolina. Tear gas, gunfire as protests get out of control and nearly turn deadly. The governor declared a state of emergency and called in the national guard. Right now veronica de la cruz. Reporter people say it was pure madness. The North Carolina city the latest under siege after a black man was shot and killed by police. It began a as a as a peaceful march and then turned violent. Officers responded with tear gas and flash bang. One civilian shot by another civilian. Reporter police upped their posture here in charlotte, North Carolina. The anger building over the Police Shooting death of 43 yearold keith scott yesterday. This is not how we succeed. The tensions building. Police maintain he had a gun. And when he refused to drop it they say officer Brentley Vinson opened fire. A weapon was seized. A hand gun. I can also tell you we did not find a book. Reporter Family Members and the woman who reported the video say the father of 7 was reading in his car when offenses approached. I saw the book fall. Reporter there is body camera video and dashcam video of the shooting but it hasnt yet been released. Check out this video. Knocked off his seat during a report. A protester throwing a body block on him. Four Police Officers were also injured and they are expected to be okay and a number of arrests. Thank you. We have also seen vandalism, this guy caught trying to kick in the windows of a business. Smashing the glass. Wanders off and comes back again. There are reports of luting in charlotte as well. We found this on twitter. The store smashed by vandals. San Jose State University the scene of a hate crime tonight. Swast swast and hateful swastika and hateful language found. Betty yu is on campus and classes just got started . Reporter thats right. School has only been in session for about a month and at least one swastika found on a door in a public area. Officials say it was made out of name tag stickers. Tonight the school held a forfrom students who live formal for students who live in the residential halls. The goal was to create a space where students could come together and talk about race issues. The second swastika appeared in campus village. Also with hate messages next to it. The Schools Office was brought on to tackle cases like this and ensure a such a welcoming environment for students. Today safe welcoming environment for students. To really focus on, you know, being able to listen well to students so students can feel validated. Very sad seeing that. The fact that i came just for the diversity and seeing other people being so hateful to different races like that, i am not a big fan of that. I dont think anyone is. Reporter this case is now being investigated by campus police. It comes less than three years after three san Jose State University students were convicted of misdemeanor battery against their African American freshman suit mates. Betty yu, kpix 5. We have breaking news out of Contra Costa County tonight. Police right now at the scene of a double shooting in concord. Happened about an hour ago inside a home. Two people were hot. Their conditions are unknown at this time but we are hearing that a man may have been shot in the head. Neighbors told us they heard 10 shots. It is unclear if any suspects are in custody. A lot of questions about a sickening smell and sheens on the bay. Kpix 5s andria borba is in vallejo right now. Reporter there arent any reports of fish or wildlife that have been coated with this filth. Reporter 24 hours after a smell blew through officials arent ready to link it to two oil sheen near the phillips 66 refinery. Hundreds of 911 calls rolled in, a fairy spotted a shine ferry spotted a shine in the water. The first sheen a mile long and 40 yards wide, could be seen from chopper 5. The second docked near the phillips 66 refinery. A thousand feet of boom. Reporter both sheens disappeared by 4 00 p. M. According to fish and wildlife. Questions remain. We dont know the volume, we dont know the material, we dont know the source. Reporter scientists are working on what the material in the water was. We collected samples to determine what the oil was, where it was coming from. Reporter each leads their own imprint on oil and gas products making the source of the product traceable. Now once that source is traced the question then becomes how did that product make its way to the water and potential the air here. Andria borba, kpix 5. And a few miles away as a precaution the city closed its marina because of the spill. A protective boom was placed and boat traffic will be limited. According to epa inspection records the phillips 66 refinery has been in violation of the Clean Air Act for year. Every quarter dating back to october 2013. The violations have to do with volatile organic compounds that could be toxic. They are the most serious clear air act violations. The epa reported the phillips 66 refinery to be in non compliance for hazardous waste. Unclear what it is. And one more note, Ferry Service tomorrow morning will not be effected. It will run as normal. Sacramentos mayor was assaulted tonight. Someone threw a pie in his face and hit him during fundraiser at sacramento high school. A spokesperson for the mayor told said the mayor hit back. A Police Officer assigned to the mayors security detail restrained the attacker and he is charged with felony assault. The mayor suffered a minor injury and he is home tonight. New milestone tonight in the effort to move the Oakland Raiders to las vegas. More details on this story. Nevadas governor signaled his support for the project. He plans to call lawmakers into a special session next month to consider a plan for a new stadium. Last week the committee voted to recommend 750 million taxpayer dollars to build this stadium in las vegas. If they approve the funds it is closer to being in the hands of nfl owners who would have to approve a raider relocation. Officials in oakland and nfl commissioner roger goodel hope to keep the raiders here in the bay area. A lot of chips on the table. A lot [ talking at the same time ] a lot of moving parts. Oakland has to come up with a plan. Thank you. This Bay Area Police chief resigns. He is the latest to call it quits. Tonight we asked what is going on. Bay area police busted this guy sitting inside a stolen bmw. Only on 5, we ask why the car thief is getting away scott free. Bay area firefighters spotted this 134pound tortoise in distress. You bought a wig, a jersey, and overpriced nachos. Dont let sinus symptoms bring you down now. Get fast sinus relief with vicks sinex and get back in the game. Sinex, the congestion, pressure, pain to clear your head. The fbi is trying to identify two men handling a bomb near the site of the new york city explosion. The men are wanted as witnesses, not suspects. The feds say they removed an unexploded Pressure Cooker from luggage saturday and left the device and walked away with the suit case. The bomb never went off. Later another bomb did explode a few blocks away. That injured 29 people. Prosecutors charged Ahmad Khan Rahami in connection with that attack. Bloody pages from his journal contain terror related bombings. It also makes reference to several terrorist leaders. Two days before the bombing a Family Member filmed him burring an object in the backyard. A fuse is lit, there is loud noise followed by flames, smoke and laughter. He is in the hospital recovering from gun shot wounds. Berkeleys top cop is out. He didnt give a reason but he had been under fire for a while now. That makes four bay area cities without a permanent chief. Oakland and San Franciscos also rechined. The chief in resigned. The chief in hayward also resigned. What is going on . That is what Christin Ayers asked howard jordan. Reporter [ inaudible question ] more pressure on Police Chiefs to perform in a [ inaudible question ] address the covers that have been corvees that have been contraverseys that have been happening . Yes. Within the last 5 to 10 years the average tenure of a police chief was 5 years. Today down to 21 2, 3 years. Reporter 21 2 or 3 years. That is not much. There is no doubt that the events that are taking place around the nation, whether it is Police Involved shootings, officers being shot, officers being scrutinized for various reasons, that is playing a role in the tenure of my fellow colleagues. Reporter consideration the [ inaudible question ] do you expect that trend to continue . I expect the trend to continue. This is not just the bay area. Nationally. There are a lot of vacancies. I talked to my colleagues across the country and they are not willing to continue to be beat up by the public over things that they feel are unnecessary because when an officer is doing their job circumstances occur mean time, salinas hired its First Female Police chief. Rarely do we see how easy it is to break into cars. Mountain police are looking for this suspect who broke into a car in a starbucks parking lot monday and stole a backpack. Then he got into that hyundai that is waiting there and took off. Also caught on camera a stolen car found with the suspect in the driers seat. Drivers seat. Slam dunk case . Not so fast. Kpix 5s joe vazquez finds out why the District Attorney did not press charges. I parked the car here. Reporter amir massoumis car wasnt there when he went to retrieve it. Luckily it has a gps tracker. When i couldnt find it, i could see that it is in the tenderloin. Reporter he used the app to disable his bmw and then police cracked down his stolen car. Amir massoumi shot this cell phone video of the arrest. Asked him to get out of the car. He wasnt getting out of the car. They drug him out of the car. Put the cuffs on him. It seemed to be as red handed as it gets. Reporter you think. But then he got an email saying the District Attorney decided not to prosecute the case. Yeah. I was i was definitely upset. Reporter they did not want to go on camera, they had yes, it is true they decided not to file charges because the car was gone for such a long time that it gave other people opportunity to go in and out of the car. There was evidence another person had been in the car. The app shows the car was stolen at 4 30 a. M. , driven down to the bay view and up and down San Francisco streets before it was recovered 8 hours later. This would have been a mistake to charge that person with stealing the car. I dont think they could have proved it. Reporter she says the District Attorney made the right call. Prosecutors can only work with the facts that they have and they dont have facts to say he is absolutely the one who stole the car. He is in a stolen car. Reporter he says prosecutors should have tried. On videotape, doesnt seem to be any excuse for not pursuing this. Reporter joe vazquez, kpix 5. No charges filed. But since this guy was a parolee the man arrested in the car did get punishment. He spent time behind bars. Facebook Ceo Mark Zuckerberg wants to cure the world. He and his wife tearfully announced they are pledging be billion dollars over 10 years to end disease. Science behind medicine, the limit of our ability to alleviate suffering, we want to push back that boundary. By investing in science today we to help to build a future in which all of our children can live long and rewarding lives. 600 million is going to a Research Center in San Francisco. They have pledged to giver away 99 of facebook shares. Give away 99 of facebook shares. Autumn is almost here. Cool temperatures around the bay area. Now, San Francisco mid50s. Concord 61 degrees. Santa rosa at 56. Over night lows tonight, a bite in the air. 47 santa rosa. And 52 in livermore. San jose tonight mid50s as well. Tomorrow, 2 minutes before 7 00 a. M. , showers in san diego. And low pressure will keep things cool. The low off the Pacific Northwest sinks south. Keeps us breezy. Might get sprinkles along the shoreline tomorrow morning. It will feel like fall is in the air tomorrow. San jose starts out in the mid 50s. Sun comes up, clouds around. And the temperatures manage upper 60s for thursday afternoon. That is 12 degrees below average for this time of year. So to sump it up sum it up, breezy, cool side, sprinkles by the coast. Generally sunny, sunny and brisk. And then we will turn it around this weekend. But for tomorrow we are well below average. South bay, we will manage upper 60s. A few low 70s and the east bay, warmer, midsaveds. That is 8 to 10 mid70s. That is 8 to 10 degrees below average. Drizzle along the shoreline tomorrow. 70 degrees. Cooler than we have seen lately. This weekend, the numbers recover, mid90s. And early next week, 92 degrees and dont forget tomorrow autumn comes in. And it will feel like it. Nice day. In general. This weekend we get warm again. Not gone just yet. I cant believe fall is here. Tonight the bay area rescue of this tortoise named big bertha. Bertha. And here ,,,,,,, they dont exactl seems like it should be easy to catch a run away tortoise. Right . Remember the hare but it is harder than you think. Take a look. This girls name is big bertha. She made it break from it. Once animal control found her and placed it in the truck they needed help from firefighters to get her out because she weighs 134 pounds. Tonight she back with her owners. Who owns the National League west or just about . The fate of the giants in the nl west may have been decided tonight. Dont go a sleep yet. There is good news to go with the bad. Next. , month. Tonight. Not so much. Vi remember when matt moore was one out away puig, a three run jacks. He made a fantastic play to the end 4th. Dodgers win 93 and take a six game lead. 10 to play. Up next four in san diego. Giants could have lost a game to the mets in the wildcard picture. This is a three run walk off for the mets. Wait, wait. He takes it away. A game saving catch. Atlanta wins 43. So check the lower half of the graphic. New york would have led for the top wildcard spot instead you have three teamsane dead heat teams in a dead heat for the spot. Watch that one go out. Half way off the wall. Two home runs in the game. Houston wins 65 and take the three game sweep. Warriors open Training Camp tuesday. Kevin durant is far from being the only new addition. 1119 players are fresh faces. This team might not break any records. It is a different team. We have a lot of growing ahead. Fans should be focused on how different we look. Good luck with that. [ laughter ] and it may be 49ers and seahawks week but Richard Sherman isnt providing material this time around. Instead he used his press conference as a platform to take a stance on police brutality. I am not going to answer any questions today. And it is no offense to you guys but i think the state of things in the world today is very interesting. When a guy takes a knee you could ignore it, you could say he is not honoring the flag, i am doing none of those things, i am saying straight up, it is wrong, we need to do something about it. Have a blessed day. Colin kaepernick least popular player in the nfl. With the most popular ,,,, tomorrow morning at 430. Late show with Stephen Colbert is next. Welcome our newest viewer who showed up 7 hours ago. Mom, dad and big brothers are doing good. We will talk about that later. Next newscast tomorrow morning at 4 30 a. M. Have a good night. Announcer the following is a sponsored presentation for the yancey way to real estate success free lunch and dinner events. Get ready, in your area, to learn how to make money in real estate the yancey way. What youll learn to do here today took me from being an errand runner to literally exceeding my wildest financial dreams. Anyone can do it, and im gonna show you how to. So, are you ready . [ cheers and applause ] announcer you dont need any previous real estate experience or your own money to invest to profit in real estate the yancey way. Scott yanceys free lunch and dinner events bring you all the live local training you need to succeed in real estate. 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