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Behind me locked in place, the two bodies as far as we know still lying on the tracks about 500 yards behind the train back to the south. Heres what we know so far from bart management. Two employees as you said struck on the tracks a little before 2 p. M. , one mile north of the walnut creek station. The employees were doing Maintenance Work on a reported dip in the tracks and the train was also apparently doing routine Maintenance Work at the time and they say it was being run by an experienced operator with several people on board but they believe it was being controlled by computer when the accident happened. They also say there should have been some sort of warning to both parties that they were both doing work on the tracks before it happened. We have radio transmission of the accident as it happened. We believe this is a dispatcher and the operator talking when those workers were killed. Keep coming, keep coming, hold on, hold on, stop, stop stop all stop. Train 963 routing c53, c54 canceled. Let me know when youre ready to proceed ahead after your break. Bart emergency, bart emergency. Bart emergency, go ahead, valel central. Central, 3963. We just struck some individuals at approximately 16. 2 on the c 1 track. Central, be advised it may be bart employees. Reporter so, you heard that maybe bart employees. At this point bart Officials Say one of the victims was a contract worker. The other employee. At this point, we believe to be a member of a separate union not on strike right now. When you try to figure out who could be operating the trains at this point, it seems to be that bart managers are the only ones left. We have heard several times that they were possibly going to train the managers to run the trains while the strike was going on. I asked Operations Manager specifically, did he know who was operating the train . He said no. I asked him againers said no. We just dont know at this point. Here is a little more from the Operations Manager paul overseer about 30 minutes ago. I cannot overemphasize to you how long these people have been in the business and not just working for bart but i believe that both of these employees have a considerable amount of time with the freight railroads, as well. Their specialty is track work. That means that they understand the railroad. They understand how to work around moving trains. They were doing today what they have probably done 100 if not 1,000 other times in their careers. As far as we know at this point, they were out looking for what was reported to us from an earlier training that there might be a slight dip in the rail and they were out doing an inspection to see if they could identify whether in fact that was the case or not and where that dip was. Reporter so we went on to ask bart officials, did this or could this have happened because of the strike . Again, they said no, that this was just normal kind of activity that would have been going on anyway. And at this point, the victims names have not been released. Bart police have a long investigation ahead of them of course. That includes videotape from the train that they will for sure be looking at soon. Clearly, brian, trains are not running because of the strike. They can be out there as long as they want. Have they said though whether or not they think that they will be out all night long investigating this . Reporter they havent said. They were very short. They really played up the regretfulness, their sorrow that this happened. They were pretty short on answers walked away from the News Conference after we asked them only a few questions. But you can still definitely see behind me perhaps plenty of bart police huddled around the fence there. We have seen them walking up and down the line and for sure, they have a long way to go. All right, brian webb in walnut creek, thank you. Well, just a few moments ago, we heard from the union that represents one of the workers who was killed. The union people, my members are train controllers. Its a yearlong training. They know exactly how to deal with emergencies. The train operation itself is a 16week training. Theres no way that managers could be trained and be up to speed certified. So yeah, i think that this could have been avoided. But thats my own opinion. And we should note again that this union afscme is not on strike right now. We dont want to forget the men who were killed but this accident does come on day 2 of the bart strike and will add to the already contentious relations between bart and management. Lets talk about this with kpix 5s phil matier. Phil is at the lake merritt station where Union Workers continue to walk the picket lines. Phil. Reporter first of all, even before this tragedy occurred, as a matter of fact, friday night, Union Leaders and bart directors began a dialogue about how to try to end this. Both sides realize that they went one step too far that this got way out of hand that they had not intended to have a second strike but that it happened and the question was how to bring things back. Todays news the tragedy came as, as a matter of fact, the president of the bart board, Tom Radulovich and the president of one of the striking unions, Roxanne Sanchez were meeting privately to come up with a way to get the deal and the talks back to a federal mediator, back to a neutral ground, back to a set of languages that could get them back to the table and possibly bart workers back to work by monday or tuesday. One of the variables, however, was the second union, atu, announced that they would take the last best offer that bart had offered to its members for a vote which would surely be rejected. However, that could take four, five or even a week of time before that process is completed. So we have this tragedy, we have the question about whether that vote will take place, but from what i have been told, what this has done is brought a reality check to all the parties involved saying lets tone it down, lets stop pointing fingers, and instead try to point a way out of this that gets the bart trains back running and running safely. Phil, up until this point, both sides, anything that was happening, they would jump right on it and it would be an explosive issue. This is a huge issue so is there a chance that both sides have to be very careful not to politicize the tragedy . Reporter you are just saying now what i have heard the sides say privately to me. The question becomes, if everyone holds the line and says, okay, this is a tragedy, possibly, we all everybody has to accept some blame for what we have going on here, thats one way. If, however, somebody tries to use this as leverage or explode it, then all bets are off. As you said, up until now, theres been mostly finger pointing at each other. The question is now, are they going to point the finger to a way to get things back on track . That was already starting before this tragedy happened. Well have to see in the next day or so how it affects it. Phil matier in oakland, thank you. Well, even though its the weekend, the strike has been taking a toll on traffic. Lets take a look at this live picture of the bay bridge toll plaza. I think we have it for you. It has been backed up all afternoon for most of the day in fact. There it is. As people try to get in from the east bay. It seems as if most people, although we have many bridges to clues from, it seems as if everybody is trying to get over the bay bridge and they are just stacked up at that toll plaza right now. Kpix 5s anne makovec talked to Union Members, Business Owners and commuters before todays tragedy. Anne, one of the unions had made an offer before all this happened, right . Reporter yes. The soon in fact talking about the union is, in fact, talking about, as phil mentioned, putting the latest offer from management to a vote by its members. This is, meantime, the first weekend day bart has been on strike this year, but it was very annoying to get around. And tomorrow will be more of the same. Theres no reason for the riders to be in their cars stacked 10 deep. Reporter but thats what happens happening with no end in sight unless Union Members vote yes on barts last offer a 12 raise. We know that our members are going to vote it down. Reporter because of increased pension and healthcare costs and changes to the rules that govern their jobs. We stand with the riders do we know . Yeah reporter the riders arent feeling that love. Its very selfish move on their end. Reporter caltrain has seen a boost from people who would otherwise take bart like this couple headed to berkeley from san bruno. We have to take caltrain and then take ac transit all the way over, which makes our commute like an hour and a half longer. Reporter a lot of people gave up on local travel altogether. Today actually is a lot quieter. Theres not as many of the street performers or the preacher guys. Reporter others were just plain confused. I just looked up the connection on google maps and theres like a warning sign saying bart is closed due to a labor dispute. Reporter for businesses that rely on barts foot traffic business has declined a lot. Reporter but for many, its a time to try new things. Cant be dependent on one thing only. You have to be able to diversify, know how to make multiple routes to get where you want. Reporter as for that union vote, no date is set. So we have to make sure that everybody has an opportunity to read it understand it and then we are going to vote it. Reporter arbitration is a possibility but the unions only want the work rules portion of the contract on the table. Bart wants the whole 57 million package. Just another impasse between these two sides. Thank you, anne makovec. If you are still looking for ways around what could be a very rough monday commute, theres a list of transit alternatives at kpix. Com bart. Well be right back. , look at them with that uverse wireless receiver. Back in our day, we couldnt just move the tv wherever we wanted. Yeah, our birthday entertainment was a mathemagician. Because if theres anything that improves magic, its math. The only thing he taught us was how to subtract kids from a party. Lets get some cake in you. I could go for some cake. [ male announcer ] switch and add a wireless receiver. Get uverse tv for 19 a month for 2 years with qualifying bundles. Rethink possible. Before she was found in a stairwell at San Francisco general hospital. A hospital orderly reportedly walked over a missing womans boated twice, a full week before she was found body twice a full week before she was found in a stairwell at San Francisco general. The chronicle reports the workers reported seeing the unconscious woman to the Sheriffs Department. 57yearold Lynne Spalding disappeared from her hospital room september 21 and found more than 2 weeks later. Its not clear if spalding was alive when the orderly saw her or how the Sheriffs Department handle the call. A family Spokesman Says this adds insult to injury. Thats my grandbaby and im just done. The family of a 2yearold east oakland boy is praying he will recover from a gunshot wound on sunnyside street yesterday afternoon. Donte jackson was hit by a stray bullet outside his home. The shots were fired two blocks away. He is in critical condition. No arrests. New calls for Bicycle Safety in the wake of another fatal accident on San Franciscos streets. A man was hit by a muni bus when it turned off 11th street on bryant early yesterday. The bicycle rider died at the scene. The bus driver has been drug and alcohol tested and removed from driving duty. This is the second fatal clicks involving a cyclist on a city bus since january 2010. The Drakes Bay Oyster Company will continue to fight to keep operating. The companys lease ended last year so the site could be returned to wilderness. A federal appeals judge denied the companys request to overturn the decision and an Appeals Court panel upheld the decision. Now the owner is asking a larger Appeals Court panel to reconsider. The forecast is coming up. ,,,, two members of our kpix 5 team were honored today for their career achievements. Northern California Branch of the National Academy of Television Arts and sciences inducted that woman, weather anchor Roberta Gonzales and video journalist, there he is, don ford, into the silver circle. It honors people who have spent 25 years in the television industry. Congratulations to roberta and don. And roberta, you started when you were 6 just about. [ laughter ] when you said 25, i just about fell over just now congratulations thank you. Well deserved. Very difficult to render me speechless. Just so happy to be gainfully employed we have changes in the forecast. Right now clear skies there you but we will see the return of some stratus, the fog a little bit later. Currently, air temperatures pretty nice inland. Still in the 80s. 70s at the south in san jose to the north in santa rosa 83 degrees. San francisco currently in the low 60s so if you are heading to the city for a night on the town, make sure you have a jacket. A bit hazy currently as we take a look towards dublin. Can you see that . That 580 680 corridor is totally socked in at this hour with traffic, nobody is going anywhere out there. Thats amazing. Northeast winds at 9. Relative humidity is dry at 18 . Official sunup tomorrow morning at 7 22. A hint of some fog at the coast. Otherwise, fullon sunshine for your sunday. And then we have to reintroduce a chance of rain returning right here to the bay area in that sevenday forecast. Thats coming up. But meanwhile tonight, 40s and 50s for overnight lows. 50 in pacifica. You can see the shield right there of the stratus, the marine layer hanging very tight to the coastal areas. We have a low pressure right there. We have High Pressure still trying to build in. And the bottom line is because whats going out over the ocean right now that area of low pressure is causing some very strong rip currents to develop right here close to our shores so by tomorrow night through tuesday, if you are hanging out next to the beaches or on the beaches, make sure you never turn your back to an angry ocean. All right. Here we go. For your sunday, statewide across the Central Valley into the mid80s. Upper 60s in tahoe where the overnight lows down to 26 degrees now. 68 degrees after morning clouds in monterey bay. Your pinpoint forecast, nice looking day at the coast once the clouds clear in the 60s. 70s around the peninsula. Low 80s in morgan hill and gilroy. We introduce the west wind 10 to 20 away from the bay inland, temperatures in the mid80s. Low 80s in napa. North bay from 64 in Stinson Beach to 76 degrees in san rafael. We go through the 70s to the low 80s in novato while San Francisco is pretty chose to normal for this time of the year. 87 degrees tomorrow. Your daytime high in ukiah. This is how im playing out your next five days. Pretty much a repeat performance on monday and tuesday. A few clouds drift in on wednesday, bringing down that temperature. And then we have that chance of rain returning right here to the bay area as we throw in a couple of extra days for you that sevenday forecast friday. Right now its just a chance of rain, San Francisco to the north it bears watching. Thank you. All right. Vern has college football. Cal under the lights tonight. Stanford already did their business. Straight ahead, im treading water in a sea of college football. Stanford, putting on a show with a Southern California rival. Look at that grab. Going to have check back with me to see it again. Table. The ducks will in the National Title game. O the door is open for the pa 12s 2nd best to go to ide open for college football. Are you buying this logic . If oregon runs the table the ducks will play in the National Title game. So the door is open for the pac 12 second best to go to the rose bowl. Wide open for stanford but they had to get by ucla, ann. Jim running the bruins attack. He will be scratching his head on this one. Look at this. Watch this catch. Cody whitfield full extension, onehanded, 3rd quarter, 30 yard play. Thats a thing of beauty. Thats a touchdown later near the goal line is Tyler Gaffney pounding the rock to make it 173. But ucla made a game of it. Made it a onepossession game but lurking was jordan richards. Picked off quarterback Brett Hundley twice today and the turnover turned into points. Gaffney again. Career day 171 yards and two scores. The cardinal held the bruins to 266 total yards. Trent murphy the sack on the last play of the game. Stanford wins it 2410. Now, auburn in white on the road at texas a m tre mason extends for the touchdown. They had to review it. Tigers up by 4. And no Johnnie Manzell magic this time on fourth down run down in the final seconds. Number 24 auburn upsets the 7th ranked aggies 4541. South carolina riding high on the bird scoring play. So they were also part of the upset parade. Tennessee got a last second field goal off the foot of michael pallarde. The volunteers stunned the gamecocks 2321. Nfl note. He wore the cowboy hat coached the great runningback earl campbell, turned the love ya blue houston oilers into a play off team in the mid1970s. Oa phillips has passed away at the age of 90. Little known fact. Perhaps the first to establish the 34 defensive scheme after the oilers later was the head coach of the new Orleans Saints survived by his son wade phillips, the defensive coordinator of the houston texans. Raiders off this weekend so they get to grab the clicker and watch the rest of the league play on. 49ers anywhere from a 3 to 6 point favorite to beat tennessee. Jake lock will be the quarterback tomorrow. In one of his moving targets delanie walker, a former 49er now traded in his red and gold 46 for the blue 82 for the titan. Walker now the number one option at tight end for the first time in his career off to the best start in his career already catching 20 balls for two touchdowns. People always ask tell me my family and my agent, i say i play for the titans now. I dont know what San Francisco doing. You know . If you ask me anything about titans, i can tell you that. Im playing the San Francisco 49ers i know the fans are watching back there and im here i have to show off of course against them. And this morning on College Game Day after lee corso picked the seminoles of Florida State to beat clemson, actor bill murray on the set came to clemsons defense, picks up corso and slams him to the turf. Murray laying the smackdown on the on the game day set this morning. You know what bill murray would do if he was here . He would come over to the set, pick up ann and carry her off the set. Good to know. Ill watch the door. Thank you vern, very much. All right. We are back in 30 minutes with more on the accident in walnut creek that left two bart workers dead. We are live at the scene and in oakland with reaction from the unions who are now on strike. Cbs evening news is next. Well see you at 6 30. Good night. Captions by caption colorado comments captioncolorado. Com ,,,,, heres bubba watson. The master of the escape. Dadada dadada blue 375 razor wait for it. Ooooh Dadada Dadada moves in, shoots, and scores curry off the bounce, wow Dadada Dadada Dadada Dadada Dadada Dadada mccutchen coming over and he makes the catch thatll be on sportscenter more on kershaws dominating win, next Dadada Dadada axelrod tonight, captured. Those two escaped convicts who scammed their way out of a prison in florida, are now back in custody. Jpmorgan and the department of justice reach a record 13 billion deal to settle proabz into how the bank ran its mortgage business. Dozens of wildfires are out of control in australia, and firefighters fear the worst is still to come. And Ranger School now that the shutdown is over, americas Oldest Park Ranger is back to work. John blackstone shares the lessons she has for all of us. Captioning sponsored by cbs this is the cbs evening news. Axelrod good evening. Im jim axelrod with a western edition of the broadcast. We have breaking news to report. Two convicted murderers who walked out of the sameri

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