Throwing them away. Reporter now, were told that was just an initial meeting with that l. A. Based law firm. Tonight here at 7 00 there will be a vigil and protest in andys honor. Andria, any details about why the police couldnt tell if it was real or a toy . Reporter theres a law that says any toy gun must have at least a six millimeter orange tip on it. They say in fact that andys did not. All right. Thank you, andria borba. A drivers window is shot out car door riddled with bullet holes after a road rage incidents on southbound 680 in fremont at 6 30 a. M. Ending with mission boulevard with a barrage of gunfire. Kpix 5s len ramirez at a fremont donut shop where that victim turned for help. Len. Reporter Fremont Police have updated the suspect description in this case. They are looking for a hispanic or portugese male 25 to 35 years of age driving a white car with large chrome rims. They believe that is the person and the vehicle involved in the morning road rage incident. After apparently tangling on the road they took a right at brown road and there police say that one driver opened fire on the other. The victim was in his vehicle. He likely pulled up alongside of the suspect who shot at the victim out his window or door. Reporter at least one bullet hit the victim in the abdomen but he was still able to drive to find help at a donut shop a few blocks away. The shooters car has not been seen since. I hear the customer come here they say that, outside somebody shot on the car. So they call the police. We called the police. Reporter the man was in the car and the dog was unhurt and the mercedes had gunshot holes in the doors and windows were shattered. Police say the victim a 59year old man from pleasanton was able to talk before being transported to the Regional Trauma Center in san jose. The only tidbit of information that we have been given is that the victim believes he may have been driving too slow which initiated the incident by the suspect getting upset with the driver with our victim. Were not sure if thats what started it. And then were not sure what role our victim played in the set of circumstances because they both exited the road. They both stopped on the brown road and continued the confrontation where the shooting occurred. Reporter with his master off to the hospital, Police Briefly took the dog into protective custody until the victims family arrived to take him home. Police say the victim is cooperative and taken to the Medical Center with serious but nonlifethreatening injuries. Len ramirez, kpix 5. This shooting marks the second case of violent road rage in fremont this past week. A man fired shots at a car after the driver honked at him near the intersection of auto mall parkway and technology drive. That happened last thursday. I want to you take a look at these sketches. Alameda county Sheriffs Department says three men tried to sexually assault an 18year old as they robbed her. It happened a week ago on elgin street in san lorenzo. The victim fought back but the attackers got away. Bart eliminated a controversial safety practice designed to make maintenance workers more vigilant on the tracks. Its under scrutiny following the deaths of two workers who were struck by a train on saturday. The procedure is called simple approval, which puts the safety responsibility on the workers. The death touched off a heated debate at todays meeting of the bart board of directors. Kpix 5s da lin was there for the fireworks. Da. Reporter in continues meeting indeed. Intense meeting indeed. Union labor members lashed out at the bart directors at a meeting here today. Months of labor negotiations, two strikes and the deaths of two workers, both sides admit their relationship is broken. Shame shame on everybody reporter atu president Antonette Bryant scolded the bart directors partially blaming them for the accident that killed two workers saturday. The arrogance and callousness with which these entire negotiations were handled are offensive and now we have two people dead. Reporter she said the board did too little too late. The directors opened the meeting with a moment of silence for Christopher Sheppard and larry daniels, even dedicating today and tomorrow to the two track inspectors. For you to come out with this is Lawrence Daniel day or Christopher Sheppard day, really . this should not have happened reporter some Union Members and supporters tried to shout down director gale murray who thought the criticism was unfair. That this would be a quiet time for them and not filled with all of the vitriol that has been happening. Whether or not they i excuse me, i have the floor. This is legitimate . Is that what youre saying . Reporter upset Union Members walked out of the meeting. Afscmes Union President said when his member Christopher Sheppard died, neither the managers nor directors offered any support. Not one of the directors called me. That would have been a start. Not one. [ crying ] reporter both sides admit tensions have never been this high. Theres just been a lot of bad blood on both sides. Its going to be very hard. Reporter the board believes both sides have to first sign off on the contracts and that will allow healing to begin. Do things have to mend in order for us to Work Together . Yes. But at this point its too raw, too real. Reporter some Union Supporters even demanded a criminal investigation against the bart board of directors. Live here in oakland, im da lin, kpix 5. Seiu members are supposed to vote on their contract tomorrow. It is expected to be ratified. Atu hasnt scheduled a vote yet. Bart says it will be a few more days before it knows the exact cause of the train fire last night in orinda. A spokeswoman says the smoke was caused by a shortcircuit setting off a chain of events including the failure and overheating of of the motor reactor. Some work did get done at the bart board meeting. Its lifting the complete ban on bikes starting in december. Bikescles will be allowed on all trains at all times except during the height of the morning and even commutes. One rule thats going to remain in effect, no bikes in the first train car at any time. They enrolled in obamacare, then came the sticker shock. We just dont understand why the price had to double. What Insurance Companies arent doing thats driving up the cost. The coast to cost push for electric cars. The new plan to get millions of us to buy electric cars. A chilly foggy star near the bay but inland temperatures were the coldest we have had in six months. Heres a live look outside right now. We have the sunshine at ocean beach. Well talk about the prospects for sunshine for the weekend and beyond next. A High School Football rivalry goes too far. How students could pay the price for their prank. ,,, bear. The animal roamed the developing news out of l. A. Where fish and game officers finally got the upper hand on this wayward bear. The animal had been roaming the hillsides of a neighborhood near the rose bowl in pasadena. He was first reported near an Elementary School about an hour ago then a high school and later as you saw there, he was close to the 210 freedom. They closed that freeway in one direction. Wildlife officials did tranquilize him near the golf course near the rose bowl. That was just minutes ago. New at 5 00 we are getting an idea of the price you will have to pay if you want a piece of twitter. Twitter announced today it will sell more than 70 million shares at a price between 17 and 20 per share. The social network would raise nearly 1. 3 billion with the ipo. Twitter will officially price its offering on november 6. Strong earnings reports and encouraging Economic News in china boosted stock today. The dow s p and nasdaq were up. California has 50,000 electric cars on the roads. But the governor wants to see 1. 5 million in the next decade. Governor brown and seven other state governors signed an agreement today to join forces to put almost 3. 5 million electric cars on the nations highways by 2025. The coalition will work to standardize public charging stations as well as home chargers and possibly offer more rebates for electric car owners. California offers a rebate up to 2,500 per car. Crossing the Golden Gate Bridge could cost you an extra dollar as the bridges district faces a 142 million shortfall over the next five years. So Board Members are going to meet tomorrow to talk about the toll hike and other ways they could raise money. The last toll increase was 2008. If approved, the new increase would take effect by april. Notice anything different on the bay bridge this week . Today crews planted four more palm trees along the new eastern span after planting the first four yesterday. A total of 30 trees will eventually be added by next spring. They cost about 15 grand each to buy, ship and plant. A child starts choking on a highway. His terrified parents do pull over for help. The dramatic video showing two officers rushing in for a roadside rescue. It was sticker shock. Their healthcare rates doubled after signing up for obamacare. The reasons behind the soaring costs. , can can show on capitol hill today. Lawmakers held a congressiol hearing with the the obamacare website glitches were at the center of a Fireworks Show on capitol hill today. Lawmakers held a congressional hearing with the contractors of the problematic website. Once again, here we have my republican colleagues trying to scare everybody. Will the gentleman yield . No, i will not yield to this monkey court or whatever this is. This is not a monkey court. Do whatever you want. Im not yielding. If you are given a bad product to build ultimately what you will build will be a bad product. Amazon and ebay dont crash the week before christmas and pro flowers doesnt crash on valentines day. While republicans and democrats played that blame game, the contractors explained failed testing and unexpected volume jammed the website. The white house says the problems are going to be fixed. Computer glitches not the only complaint about obamacare. Some people are complaining about some big jumps in the cost of their healthcare coverage. On the consumerwatch, julie watts explains why. Reporter cathy fong supports obamacare just not happy about the effect on her family. There was sticker shock for us. Reporter her husband recently got this letter from Kaiser Permanente informing him starting next year the premiums for his High Deductible Health insurance policy will rise from 287 a month to 595. A more than 100 increase. Things that i had been reading in the news had indicated anywhere from a 35 to 45 increase. Reporter and the reason . Kaiser says its discontinuing her husbands current plan because it does not meet the requirements of the Affordable Care act. The new more expensive plan will. Its not even their premium plan. This is the, quote, cheapest plan that they have to offer to an individual. Some of the rates are going up because the healthcare coverage thats going to be available in 2014 is more comprehensive than it used to be. There are standards in place. Reporter emily rush of calpirg says those standards include a lot of new protections like no lifetime caps or exclusions for pre existing conditions, but she points out obamacare requires more comprehensive benefits that are becoming more costly for some. Since they now have to have things Like Mental Health coverage, preventative care, even maternity care. Well, my husband doesnt need maternity care. Reporter a valid argument according to consumer advocate jamie court who says some Insurance Companies are going overboard. This is a handledful of Insurance Companies that have handful of Insurance Companies that convinced a gullible state agency covered california to allow them to drop plans that could very easily with a few little tweaks be compliant under the Affordable Care act and people wouldnt have to leave the plans. Reporter the fongs plan to stay even though they say adjusting to obamacare is going to hurt. We cant afford not to have coverage either so in our case well have to find somewhere else in our budget to cut 300 from. Reporter now, covered california the states Health Insurance marketplace says its not a question of tweaking policies. It says a new law changes the standard of care. You will find more information on our website, kpix. Com consumerwatch. Including information about Financial Assistance for some. So those folks who are seeing the price of their policies jump are they seeing the exact same coverage . Is it apples to apples . Reporter no. Thats the issue here. Their previous policy no longer exists because it didnt cover certain things Like Mental Health that are required now. So under obamacare, coverage is now new coverage is now required. Every policy must have it. So the new policies they now have to sign up for cost more. Got it. All right, julie, thanks. A National Guard recruiter is now in custody suspected of shooting two guardsmen. It happened outside the Millington Navy base in tennessee this afternoon. One guardsman was shot in the foot, the other in the leg. Neither has lifethreatening injuries. Michael skakel could be walking out of prison. Lawyers for the kennedy cousin filed a motion today seeking his release while he awaits a new trial. He was convicted in 2002 of murdering his neighbor, martha moxley. She was found bludgeoned to death in 1975. A judge tossed out his conviction yesterday saying skakels lawyer didnt, quote, adequately represent him during the trial. A new jersey family has a couple of state troopers to thank for saving their son who was choking. Dashcam video shows the parents outside their truck. They are trying to help their son. He was choking on a kids meal one of those chicken nuggets. Two state troopers driving on the same highway came across the family, quickly jumping out of the car to help. I look at him and i seen that he was choking. So my husband pulled off right away. I ran up there, i got behind him started the heimlich. He is the guy there performing the heimlich. The other one, he had only been on the job two weeks. But he did the important job of directing traffic around the stopped vehicle. Wow. Talk about being at the right place at the right time. Absolutely. So blessed they were there. Smart mom and dad to get off the road and look for help. Big change today. Chilly. For some folks it was the codest in six months. We have the exact date count coming up because some of you inland barely made it into the 60s. Heres why. A time lapse, look at san jose. It did not clear over downtown san jose until 2 00 or 3 00 this afternoon. Look at all that cloud cover. Less sunshine, not as warm outside. Beautiful new cam we have at sfo airport showing mainly sunny skies now. Enjoy it, clouds are back in a couple of hours. Look at these temperatures, oakland, San Francisco, 50s not too uncommon but san jose 59 . Concord livermore 63 . Very chilly weather out there. As a matter of fact, i went back in the record books and looked at the high temperatures for livermore. Todays high of 63 the coolest afternoon since april 15th. 193 days ago. It is more than half a year since livermore and inland locations were this chilly in the afternoon hours. Very cold day leading to another cold night. San jose and San Francisco 49. Concord 46 degrees overnight tonight. Two things i want to show you. First off all the cloud cover we had at 10 00 this morning that burned off. But look at whats happening. This is a major change. Its burning off, offshore, as well. Thats a sign that the low pressure area that we were talking about yesterday is doing its thing and mixing up the atmosphere what this means for you, a little bit of fog tomorrow. But not nearly as much and it wont last nearly as long. So less fog on friday, a lot of sunshine for you saturday and sunday as well as rain from this low misses us and then its a different area of low pressure which will not bring us rainfall but next week it will bring down a lot of arctic air so plan on if you thought it was chilly today youre going to get about four or five days of this next week. The kids may need a thicker outfit next thursday. So the sun will come out earlier tomorrow. It will be milder over the weekend. The two warmest days of the next several will be saturday and sunday. Then next week will feel like fall, chilly but no rain. Highs tomorrow in the city warmer 61. San jose back to the low 70s. Livermore youll warm back up to the mid70s about 10 degrees warmer than today. Milpitas will hit 70. Redwood city 69. Hayward 65. Not much fog inland. Fairfield 75. Pleasanton 74. You will be foggy but not for as long in the city. Daly city 60. Warm toward lakeport, clearlake 80. Good stuff to get outside if the kids have a soccer game near the bay. We fall off a cliff after that down to the 60s inland. Mid60s near the bay. It will be brisk. I dont want to call it cold. It will be brisk for halloween which is now a week from today. A week from tomorrow were talking about november. Amazing. Then we Start Talking about christmas. And then 2014. [ laughter ] you got the costumes ready for the boys . They are all ready. It should be fun. Lots of candy for a month afterwards. Of course. If youre lucky. True. Thanks, paul. It started with a little paint and then things got carried away. How a High School Football rivalry could lead to charges. , war went a little too far. Reporter Rob Mcallister on e prank. That could mean misdemeanor charges fo we can all appreciate a good sports rivalry but one turf war went too far. The prank that could mean misdemeanor charges for some Football Players near sacramento. Reporter this may be del oros field but granite bay etching their own initials in the turf. The turf war started after students at one school allegedly painted the granite bay grizzlies. Blast painted on it and then do on it. Reporter students didnt seem to take the gesture lightly. I think its ridiculous because its just going to start more things. Reporter which is why it seems the parking lot was spray painted with a rather vulgar suggestion. Thats retailation. You cant expect granite bay to sit there and do nothing about it. Reporter it didnt stop in the parking lot. The football field was tagged with the gb initials and in support of the cheering section a move that doesnt sit well with the del oro students. It went crazy. We didnt have to be spray painting. We didnt do anything that bad to deserve it. Reporter damage to del oro has meant maintenance workers putting in extra time cleaning the milliondollar turf. Its all just hand massaging and scrubbing and trying to get every blade of grass. Reporter administrators at both schools warn those caught will face misdemeanor charges and parents say its time to this end. You know, i can understand School Rivalry and thats fun to a certain point but its a little disappointing that its got to that point. Reporter and several days later after the tagging, crews still cleaning up the mess on this field. They have to get it ready before friday nights big game. Parents are getting creative with Halloween Costumes these days. Theres a dad in southern california, his homemade creation taking it up a notch. He made this suit out of l. E. D. Lights. The video of his daughter dressed up as that lighted stick figure has gone viral now on youtube. So far it has nearly 5 million views. Oh. As long as the kid can carry the battery pack. So cute. It makes it better that shes a little wobbly. Its perfect. But safe. Now for a look at whats ahead on the cbs evening news. Scott pelley is in new york. Scott. Reporter we have been investigating how the preparations for the obamacare rollout were delayed until it was too late. Plus, what really happened in benghazi. An eyewitness tells lara logan about the attack that killed the u. S. Ambassador to libya. Well have those stories tonight on the cbs evening news at 5 30 right after kpix 5 news. ,,,,, female narrator the mattress price wars are on the mattress price wars are on at sleep train. We challenged the manufacturers to offer even lower prices. Now its posturepedic versus beautyrest with big savings of up to 400 off. Serta icomfort and tempurpedic go headtohead with three years interestfree financing. Plus, free sameday delivery, setup, and removal of your old set. When brands compete, you save. Mattress price wars are on now at sleep train. Your ticket to a better nights sleep how a bay area bus that strk and killed a bicyclist. Eature. Known as a im ken bastida in the kpix 5 newsroom. Heres what we have coming up at 6 00. How a bay area bus that struck and killed a bicyclist lacked a safety feature known as people catcher designed to save lives. Rocker just started rocking back and forth. How you can tour the bay area home made famous into a Alfred Hitchcock classic and the creepy thing that allen encountered while filming this story. That and more at 6. I cant explain it. But i encountered it. Oh. Creepy. Kind of creepy. Thanks for watching u the 5 00. Cbs evening news with scott pelley is next. Captions by caption colorado comments captioncolorado. Com pelley tonight, anatomy of a meltdown. How preparations were delayed for the obamacare rollout until it was too late and gave republicans a new line of attention. How can the administration punish innocent americans by forcing them to buy from a system that does not work . Pelley reports from Wyatt Andrews and sharyl attkisson. What really happened in benghazi. For the first time, an eyewitness tells lara logan about the attack that killed the u. S. Ambassador and three other americans. A kennedy cousin asked to be released from prison as he awaits retrial for the murder of a neighbor. Jim axelrod on 38 years of twists and turns. And. Its been a hard days night pelley ben tracy tries to jog ringo starrs photographic memory. Ep