She remembered being by the pool and felt and hit her head. She woke up in bed the next morning naked in bed. She asked what happened, and he said she was tired. They spent the next day together, went to the store to get alcohol. Also in the mix, the following morning, alton smith, fellow 49er. On probation for dui. Now, according to the document, mcdonald never mentioned to the victim they had sex until later that night. Thats when the alleged victim accused mcdonald of lying to her all day, and she went to authorities, saying mcdonald raped her. Now coming up at 6 00. Well take a look at the Text Messages between the two. They were found in the search warrant. And the one piece of evidence that mcdonald says is going to prove his side of the story is the truth. Live in san jose, mark kelly, kpix5. Jim harbaugh says whatever what happens happens. That was his response to a question about his shaky future as the head coach of the 49ers. Christian hartman is at the stadium, where the 49ers will wrap up a disappointing seasonal. If all the rumors are true, coach harbaugh will make tens of mills of dollars wherever he goes. Today he didnt give off the impression of a deadman walking. Jim harbaugh was at the podium for a whole two minutes before questions surrounding his possible firing came up. In typical fashion, he said what will happen, will happen. Ive not participated in any of the speculation, the unnamed sources, the rumors. According to an espn report, the rumor is the 49ers coach will be fired within 24 to 48 hours after the teams final game of the season this sunday. He has one more year with the team left on his contract, but harbaugh spoke about the Upcoming Season finale with a tone of finality. Im going to enjoy it. Im going to enjoy all the players. Enjoy the coaches, the staff, enjoy all the people in the building that i really love enjoy being around. The trainers and the front office people, the entire organization. I spent time with the scouts when they are in town, just everybody. Enjoy it. Fans did some last minute Holiday Shopping at the team store. Many hope their holiday wish that harbaugh stays comes true. I think they should wait it out. Look what he has done. He had a bad season, big deal. He is a great coach, man. I mean, he wins wherever he goes. Wherever he goes, he will likely bring the wins and plenty of zeros on his paycheck. There are reports of a 50 million deal to coach at university of michigan. But his focus is on sundays game. Whenever the season when the season ends it will be the first time the 49ers finished without a winning record under harbaugh. Well tell you how he responded to that coming up at 6 00. Live outside levi stadium. The Oakland Raiders will extend their lease at the coliseum another year. That is being celebrated by the raider nation. They defeated the Buffalo Bills yesterday. The nfl says it will not allow any team to move to los angeles for the 2015 season. Raider fans hope that will bide some time for the team to get a new stadium in oakland. There were two Police Officers killed over the weekend. They visited the homes of rafeal ramos and wendy tokuda today. The mayor of new york is being slammed by the police union. They turned their backs on the mayor when he visited the hospital where the officers were taken. He is accused of stoking an atmosphere of officer hate. I will say that i think what he said was a mistake and it was wrong. But im not going to elaborate. We need to focus on the families, need to focus on healing. 28 year old ishmaaiyl brinsley opened fire on the years when they were sitting in their patrol car in brooklyn. He then killed himself. San franciscos police chief spoke out today about the murders. He says being a Police Officer of course is a tough job, but it is a difficult time for everyone in the line of duty. It is not true that every time an officer puts on his or her uniform, you dont know what you are going to draw that day. We do it anyway, because we swore that thats what we would do. The chief says his officers are on heightened safety alert. And today marks the 8th anniversary of the death of a San FranciscoPolice Officer, brian tavares. He was killed in the line of duty after an escaped felon shot him as he was trying to make an arrest. The station was open for people to remember the officer. A pickup job teethers on the edge of an overpass in brentwood this morning, and a 17 year old passenger was pulled from the wreckage. The driver, a 17 year old male was killed in the collision. The driver crossed into opposite lanes around 4 30 this morning and hit a utility truck head on and flipped over and dangled above the ground below. The driver of the other truck was not injured. The former chp officer accused of stealing nude photos from women in custody could be close to reaching a plea deal. Shawn harrington pled not guilty to Computer Theft charges. He stole photos of women under arrest for dui and sent them to other officers. He apologized for his actions. Prosecutors say there could be more officers charged in the incidents. Investigators say the driver of a car that crashed in a power pole in Sonoma County was likely high on methamphetamine. It happened yet on bo day ga highway. It knocked out power to 30 homes in the area. The driver said he was headed to the north pole to see santa. He tried to fight an officer when he was taken to jail. North korea is erased from the worldwide web. The entire internet goes off line in north korea. Some say a Single Person could be behind it all. Plus, a different kind of santas elfs are patrolling the airports this holiday season. Why these toys are not what they seem and could be dangerous to your child. The tale of who weather days. Nothing but fog if you were out this afternoon, nothing but sunshine in the afternoon. Both in berkeley today. The temperatures near 70. What does this mean as we look toward christmas . Just a couple days away. The forecast is next. ,,,, nats . Get by with a li help from my friends. Cocker hit the big time covg this famous beatles tune. Mt of his biggest hits were co but. British singer joe cocker has died of lung cancer. He hit the bigtime covering this famous beatles tune. Most of his biggest hits were cover, but his soulful voice made each his own. In the 70s, the song you are so beautiful put him in the top ten. And he won an oscar for the film up where we belong. He died in colorado. A Cyber Security expert said it is like north korea disappeared from the internet. All the officials networks have gone dark. The internet does route through china. There is no explanation for the problems but experts say a Single Person could be responsible. A few days ago, president obama blamed north korea for hacking Sony Pictures and threatened a response. They threatened the United States with serious consequences if we do not investigate into the attack they carried out. This is absurd. Sony pictures is still exploring options for distributing the interview, the film that sparked the controversy. It includes an online release. The christmas greeting to the cardinals was far from traditional. They discussed issues with the leadership and a problem he called spiritual alzheimers. One of 15 he says can destroy the cardinals. Pope francis warned of, quote, exostential schizophrenia and terrorism of gossip. He hopes the Christmas Spirit can be used to heal this sickness. Part of the College Experience is making friends, but no one ranks how friendly a college is until now. A survey of 55,000 students found a few in california make the top 20. They are california baptist, humboldt state, uc davis and california lutheran. A car wash of a different sort in parts of the bay area this morning, but this time, the rain is not to blame. Why some say they dont mind tiptoeing around these waters. So it is not this rigid, fixed picture of what the family is. A new take on a famous Norman Rockwell painting. His daughter helps renew the portrait of the American Family and what tylenol has to do with it. ,,,, female announcer sleep train thanks all those who helped make a difference last year for thousands of california foster kids. Thank you for helping foster kids. Thank you for the School Supplies thank you for the new shoes. Thank you, secret santa and thank you for donating money. Announcer your generosity proves that while not everyone can be a foster parent, anyone can help a foster child. Thank you thank you gracias por su ayuda [baby cooing] thank you. Stories off a building in s and survived. Nor the first time, we are hearing from the family of a window washer who fell eleven stories of a building in San Francisco and survived. Kpix5s Michelle Griego is here with a look at his recovery. Reporter the family of pedro perez feel lucky he is a live. He was nearly killed when he fell from the roof of a building. He crashed on a moving toyota camry and in a stroke of luck, it saved his life. He broke his arm, fractured his pelvis and had brain trauma. He is recovering, but his family is hoping for some help to pay his medical bills. Pedros wife spoke through a translator. He improved considerably. At first, he could only say a few words, and his he couldnt remember familiar faces. Now he is calling us by our names. And he can have conversations. We truly need help with all the costs of the rehabilitation and truly with the needs of our family. Pedros wife says now he cannot work she is struggling to make ends meet. They have three daughters. Pedros accident is still under investigation. If you would like to donate, head to our website at www. Kpix. Com. Well, the rain we have been having has caused the rock and mudslides this morning. One came down in marin, causing havoc with the morning commute. It fell in two southbound lanes around 2 00 a. M. And took eight hours to clear the freeway using heavy equipment. A boulder and a light pole were part of the mess. That was a mess. Not only is it three days before christmas, we are seeing the highest tides. King tides happens when the sun and moon align. The tide and standing water created problems in mill valley today. Drivers plowed through the muddles and people out walking tried to avoid getting wet. We appreciate it. We want to have water this summer. So it is a small inconvenience. It is an inconvenience, but an appreciated one. Road crews leave the Flood Warning signs, because the road floods a lot. The waves were a pain for the restaurant near san diego. The waves for seven feet at time. No word of any actual damage to the restaurant. We are used to waking up with sprinkles, and this morning, it was fog. A different type of precipitation. The nights have been mild and humid. If we cool off in the evening, which we did yesterday, it gets foggy. A lot of you did not see the sun until the afternoon. A foggy start is likely tomorrow. The king tides will be with us again tomorrow. Were seeing the fog form, it is the ocean beach camera. It was a nice day with highs in the mid 60s. A foggy start and will be tomorrow. 65 still for oakland and livermore, 60 in San Francisco, santa rosa 63. San bruno you are at 60. Mild, considering it is the first day of winter. Kpix5s high def doppler is showing nothing. We had a Sunny Afternoon today. This year has been cloudy and wet. Today was only the second Sunny Afternoon weve had for the entire month. Another mild night overnight with widespread fog. Napa down to 50. Redwood city 50. San francisco, 54. We should be down to the 40s and 30s. This year it is all about the low 50s. We have been wet and we have been cloudy. Right now we have a ridge of high pressure. Sunshine is back today. And back again tomorrow. Look at the eastern edge of the ridge. It is close to us. Things riding from top to bottom, from north to south on the eastern flank. That will play in the weather coming up on christmas. Tomorrow, another day with morning fog. As that ridge sits in the same spot, and area of low pressure will ride over the ridge and down the spine of the cascades in the northwest in california and nevada and that will bring a shower chance on Christmas Eve evening, mainly in the north bay and east bay. We call it an inside slider. Coming down from the north, may give us showers on christmas. Watch out for the dense fog tonight. Sunshine, mild tomorrow. Some of you up near 70 with a chance of showers late in the day on wednesday. 66 in san jose. Thats 4 degrees above average. Gilroy, upper 06s. Union city, 66. Pittsburg, 67. 56 in San Francisco. Mid 60s for san rafael. When the fog burns off, it will be 67. A chance of a shower on wednesday, it will not stop santa. Christmas day, it will be sunny in the afternoon and well keep the dry theme into the next week. Nothing like what we saw the past few weeks. A bit of a dry pattern. Good timing on the break. Shoppers are snapping up the bargains this holiday season, in some cases, the good deal could end up being dangerous. Customs officers are ramping up efforts to stop fake toys, sneakers, electronics from getting in the u. S. They tested a shipment of toy soldiers and found 12 times the legal limit of lead. In ayear period, officers at the port of new york seized 9 million worth of goods, but many still get through. Investigators say to avoid getting a fake, buy only at a trusted store and question the super low prices. The tsa wants you to be aware of what you put in your carryon bag. The show and tell at the airport shows a collection of knives that the tsa has confiscated. Knives are only allowed in checked bags. This year, 2000 bags were found in carryons around the country. The wait is over for travelers looking forward to flying in the newest wide body passenger airplane. The air bus extra wide body was delivered to Cutter Airways today. It is the first new model to be rolled out since the 787. It has 283 passenger seats. There will be a crowd. Bigger windows, and 18inch seats. 17 is the norm. It will take its first flied in mid january. You still have some Holiday Shopping to do . How about getting a cow or a water pump or an emergency toilet . Nothing says christmas like that. Why these gifts may impress the dogooder on your list rather than horrify them. Youve got plenty of compan tonight, consumerwatch repr some gifts. If you are looking for last minute gifts, you have plenty of company, tonight, julie watch shows us gifts that give back. If you need a gift that will put someone you know on the nice list this year, how about a gift that gives back . First up, high fashion with a heart. The high tail hat is a baseball cap designed for a ponytail. The best part. 20 of the sales from the hats with this logo go to Breast Cancer research. It retails for 19. 99. But you can get 15 off the first purchase. And check out this new hoodie from north face. Everything involved in its production from the cotton har vesting to the fabric is cutting is done within 150 miles of the north face headquarters, perfect for those that want to buy local. The hoodie retails for 125. And for those who need a bit of inspiration, the 100 good deeds bracelet is a fitbit for the soul. There is marker to mark each good deed. The good deed has to be an honest count. Proceeds from the bracelet create jobs for women that make them across africa, haiti, india and beyond. It retails for 30. If you really want to impress a dogooder, buy them a cow, or water pump or emergency toilet. These are not gifts, they are from oxfam. They send the gift in our loved ones name. It is a great last minute gift, between 20 and 2,000. And bay area hunger is always in need of donations. They supply food to a half a dozen food banks. Italian regulators is slapping a fine on trip advisor saying it does not do enough to block fake reviews. They have to pay 600,000 or fix the problem. They have not adopted controls to prevent false reviews. There were accusations from hotels claiming fake reviews were being posted. In a new campaign, tylenol reimagines a famous work, featuring a group of diverse families. Our definition of family is now expanding and blows blossoming so it is not a rigid, fixed picture of what the family is. Is for what matters campaigns recreates dinner scenes. It includes lesbian moms, and another adult. Well, now for a look at what is ahead on the evening news. Jay brown is in new york. Hello, allan and liz. Coming up, well talk to bill bratton about the rift with police. Plus, we follow the storm that could ruin Holiday Travel and look at who pulled the plug on north koreas internight, on the western edition of the news at 5 30, right after the news. ,, tag sooner or later, Everyone Needs a helping hand, or a helping paw so mattress discounters good deed dogs is raising money to help train Assistance Dogs for wounded veterans. Veteran i live independently because of what all it provides for me. And its huge theres a lot of wounded, ill, and injured out there just like myself, who just maybe need a little bit of help. Tag you can lend a helping paw too. Give at mattressdiscountersdogs. Com or any mattress discounters. Mattress discounters good deed dogs helping dogs help people. Coming up new at 6 00, protestors threatening to hijack christmas. There are concerns that could take officers away from patrols. Were going to look at the rise in crime since the demonstrations started. Plus, our relatively warm start to winter doesnt exactly scream that christmas is days away. We check out what it is doing to peoples moods and their holiday spirit. Join us tonight at 6 00. Thanks for watching. The evening news is next. And remember the latest news and weather is on our website, www. Kpix. Com. Brown tonight, the mayor says, halt the protests. New yorks bill deblasio tries to heal a rift with police as the city mourns two murdered officers. The assassination of these two officers was an attack on the city of new york, on every one of us, our values and democracy. Brown reports from don dahler and jerika duncan. Well also speak with n. Y. P. D. Commissioner william bratton. T ic fisher on the powerful storms that could ruin Holiday Travel. Who pulled the plug on north koreas internet . Bob orr takes a look. And Michelle Miller on a transformation of High School Dropouts after they got a second chance. I think that all of us got so much more out of it than expected. Captioning sponsored by cbs