Statement that has since gone viral around the world talking about how turners story change after he learned she couldnt remember anything. You do not get to pretend there were no red flags. You have been convicted of violating me intentionally forcibly sexually with malicious intent and all you can admit to is consuming alcohol. Loser reporter he has three years of probation where he has to submit to random drug testing and register as a sex offender for the rest of his life. Back to you. And kiet, whats the latest on brock turner tonight . Reporter so according to cbs news, he is on his way back home to ohio. Once there, he has five days to contact his probation officer. Live in downtown san jose, kiet do, kpix 5. Thank you. Turners release got attention from media around the world. A scrum of reporters was at the jailhouse door when the former stanford student was freed before dawn. Despite a barrage of questions, the convict sex offender walked quickly to his waiting car and slammed the door. Stay with kpix 5 news and cbssf. Com for continuing coverage of turners release and the campaign to recall judge persky. An inmate who was released by mistake told jail officials he would surrender but hasnt yet. 20yearold Victor Rodriguez was arrested last november accused of robbery, battery and resisting arrest. Officials say a clerical error led to his release this week. The jail tells us rodriguez and his family have called saying he would turn himself in but so far, no sign of him. New at 5 00 an inmate is on the loose in the north bay. His name is benjamin molina. The Sonoma County sheriff says he walked away from a work detail this afternoon near santa rosa. He was being held on a drug charge. Only on 5 a violent confrontation at a San Francisco dog park. Caught on camera, cell phone video shows a man kicking a dog before being tackled to the ground. Kpix 5s emily turner on what led up to that confrontation. Emily. Reporter well, duboce park is full of dogs at any given hour of the day and yesterday it was packed and that packed park turned into a madhouse when this happened. This started with dogs at play and ended with a fight. This is the scene from duboce dog park last night. The bassett hound was making noise, went between this other owners legs and the owner of the hound came out of nowhere and pushed this guy in the orange hat. Reporter that guy had nothing to do with the situation witness brook stevenson says. The situation involved the black lab you see there and its owner. The bassett hound got scared and started yelping. That happens. Reporter did the owner overreact . He did and, um, just escalating and he would not let go of the womans dog. Reporter thats when the crowd pulled him off. This video begins. Someone man handles the guy so the lab and the owner could get away but as they exit the park look what happens. Walk away like [ censored ] oh [ screaming ] whoa, whoa,whoa [ cursing ] im calling the cops Reporter Police were called but the man left before they got there. The people at the park hope they will never come back. Everybody blew up after that. You dont come to a dog park where Everybody Loves dogs and kick somebodys dog for no good reason. Dogs will be dogs. Reporter and when i talked to the witnesses last night they say no dogs have any injuries. Emily turner, kpix 5. Only on 5 we learned a crackdown on bart seat hogs is on hold. As kpix 5s da lin explains, the delay comes less than 24 hours after a tough new law went into effect. Reporter bart Police Officers were supposed to start issuing verbal warnings to passengers who take up more than one seat starting september 1 but the department delayed the enforcement so the police chief can figure out how best to implement the new law. Bart passengers are familiar with those socalled seat hogs. There are a lot of pictures of bad behavior posted on this website. Barts idiot hall of fame. Com. Some of the pictures will crack you up. People sleeping, spreading out, and putting their backpack on a seat when others are standing around them. The idea of this law is to have verbal warnings for the first two months and then officers will ticket repeat offenders up to 500. Officers would only enforce the law during the busy morning an evening commutes. But again, the enforcement is put on hold for now. Bart doesnt know when they will start to implement the new law. At the Pleasant Hill bart station, im da lin, kpix 5. Colin kaepernick stuck to his convictions by refusing to stand for the National Anthem. Last nights game against the chargers, kaepernick took a no during the starspangled banner. Some fans booeded but he called the public reaction a misunderstanding says he will put his money where his mouth is. He is im working with communities and actively in the communities as well as donating the first Million Dollars i make this year to different organizations to help these communities and help these people. Kaepernick didnt provide specifics. His push for social justice issues is to go to a church this weekend. Vernon jordan reports. After the game with the q a session it was about this much kaepernick the Football Player and this much kaepernick the activist. Before he went 11 of 18, 103 yards, no touchdowns, no turnovers, he took a knee. He decided to kneel down during last nights National Anthem in san diego. First three see so games he sat down on a bench to protest. Safety eric reed knelt with him. He said the idea to take take a knee instead of sitting down, he heard from nate boyer. We were talking to him about how can we get the message back on track. And not take away from the military, not take away from pride in our country, but keep the focus on the issues. We came up with taking a knee because there are issues that need to be addressed and it was also a way to try to show more respect to the men and women that fight for this country. Kaepernick applauded when military was honored during the game. And he signed autographs before and after the game, as well. The 49ers 53man roster will be set by 1 00 p. M. On saturday. He is going to be on that roster. He has to be he has to be. 11 million . Afro and all. I cant take my eyes off of it. Thanks, vern. New developments to report in the chris brown case. Brown was arrested at his home near los angeles on tuesday. A woman there called 911 claiming the singer threatened her with a gun. At a News Conference today, browns Attorney Says no guns or drugs were found inside the house and the whole incident was a setup by the accuser. Nothing happened that this woman got irate because she was asked to leave because she was acting erratically. The attorney insists there was no standoff with police. Brown refused to come out because police had no search warrant and he was waiting for his attorney to arrive. Brown is free on a quarter Million Dollars bail for assault with a deadly weapon. Campaign 2016. New details on the fbis investigation into Hillary Clintons private server emails. We know staffers used hammers to destroy clintons old blackberry cell phones. Our veronica de la cruz has more on what clinton told fbi agents. Reporter the fbi released notes from its july interview with Hillary Clinton about her use of a private email server. Clinton told fbi agents she did not recall receiving emails she thought should not be on an unclassified system. She said she never deleted or told anyone to delete email to avoid complying with federal laws. After a yearlong investigation, fbi director james comey recommended clinton not be prosecuted but did say she had been extremely careless in handling classified material. The fbi investigation says did not ask for permission to use the private server. The emails of have been a major line of attack from donald trump. His campaign issued a statement saying in part, quote, clintons reckless conduct and dishonest attempts to avoid accountability show she cannot be trusted with the presidency and its chief obligation of commanderinchief of the u. S. Armed forces. Trump is in philadelphia for a roundtable discussion with black leaders. Tomorrow he is scheduled to visit a black church in detroit. He is not expected to speak to the congregation. This again is another show event. Its part of the new strategy to show that he is a different candidate than the one that he is frightening that group of republican voters. Reporter trump is taking heat for the detroit interview he scheduled to do with a black pastor. The New York Times obtained a draft script of the questions and proposed answers. The pastor is now promising an open exchange with trump. Liz and allen . Thank you. A global recall for some brandnew smartphones. Coming up, whats prompting new samsung phones to explode plus, why a certain type of common household soap is about to be banned. And Labor Day Weekend is finally here. Well take you inside one of the biggest events in the east bay the scottish highland games. ,,,,,,,, it has to deal with a medical emergency we have a commuter alert for you. We have major delays on bart right now. Trouble is on the pittsburgbay point line. A train is being taken out of service after a emergency on a train. Starting video out of austin, texas. A 12yearold boy in a crosswalk is hit by a truck as it rounds the corner. It was seconds after he got off a school bus. In a separate incident, the stop sign is out and the bus lights are flashing when a car hits a student crossing the street. Neither of the students was seriously hurt. Bus cameras caught more than 900 cars passing stopped buses in austin, texas in just the first week of school. Samsung is recalling millions of its new highend galaxy smartphones. The brandnew ones. As consumerwatch reporter julie watts explains, there are concerns those phones can catch fire. Reporter it was supposed to be the hot new phone. But some of Samsungs Galaxy note 7s got a little too hot. What just happened to my note 7. Reporter since its release two weeks ago at least 35 people have reported their device exploded or caught fire while being charged. Whoa reporter the Company Announced its recalling 2. 5 million phones and blames it on a glitch in the lithium ion battery needed to power an array of new features including an iris scan that unlocks the phone with your eyes. While other devices have gone up in smoke, this recall is unprecedented. To have a real flagship phone and thats what this is for samsung, they have pretty much the entire run of the phone millions of phones recalled right after they get released i cant think of any that has been as big as this. Reporter samsung says replacement phones will be available next well and its offering a 25 gift card to those who wait for the replacement or exchange theirs for a different phone in the galaxy s7 family. They finally had a real hit on their hands and it looked like they were going to out match apple. Reporter it comes at a Pivotal Point in the cell phone wars. The waterresistant supersized note 7 had strong sales and reviews. Its success was crucial to challenge apple, expected to announce its new iphone next week. Still, many say they are sticking by their samsung. I dont freak out that easily over the first word of a recall. Its a great phone. I wont switch. I have my note. Reporter now, you can return or exchange phones and accessories at the retailer where they were purchased. Sprint says it will offer affected customers a temporary replacement. At t, verizon, tmobile and best buy all say they will wave restocking fees for returns and exchanges on affected phones. Apple is set to unveil iphone 7 next week. Julie watts, kpix 5. In the healthwatch, changes are coming to the soaps that many of us use at home. The fda is banning 19 antibacterial ingredients commonly now under liquid and bar soaps such as dial. The chemicals can pose health ris including bacterial resistance and hormonal effects. Some are already banned. Manufacturers have one year to comply with the new rules. Floridas panhandle pounded by hurricane hermine. The storm is weakening as it moves north but thousands are still without power and many coastal communities are under water. Hermine will not be taking the Holiday Weekend off. There are still threats of more flooding and dangerous riptides. Kenneth craig is live in charleston, South Carolina. Kenneth. Reporter things calmed down over the last couple of hours but started picking up within the last couple of minutes as the storm comes through the carolinas. Up the east coast to the mid atlantic, millions of people are getting ready. Tropical storm hermine roared into charleston, South Carolina friday afternoon bringing heavy rain driven by wind gusts more than 50 miles an hour. We are expecting serious winds, serious rainfall, that can lead to flash flooding. Reporter the storm made landfall overnight near the Florida Panhandle as a cat1 hurricane. The first for florida in more than a decade. A 7foot storm surge and several inches of rain flooded streets a downed trees knocked out power to more than 100,000 residents. Near charleston, the wind has been picking up all day and now heavy rain. The area could see up to 9 by the time hermine moves on. Gordon and bonnie spent the morning securing the house thats been in their family for 150 years. But they are not worried. Been there, done that a couple times so it shouldnt be that bad. Its just the wind. As long as its not a lot of rain. Reporter whats left of hermine could cause big problems for the Labor Day Weekend throughout the northeast. The storm is expected to stall off the midatlantic coast bringing heavy surf and spreading rain through midweek. New york citys mayor has closed city beaches for sunday possibly through tuesday because of rip currents. If you go in the water, you are putting your life in danger. Its as simple as that. Reporter but for now, at least in the northeast, the coast is clear. We have seen a number of people out and about tonight trying to enjoy whats left of their friday night despite the wind and heavy rain. Reporting in charleston, South Carolina, kenneth craig, kpix 5. The sounds of scotland are filling the air in pleasanton this weekend. Without weather like that. Roberta gonzales found out there is some serious competition. Reporter everybody at home, im serious. This is big doings going on here. Its a bagpiping playoff. We are looking at bagpipers. They have their game face on. They are being judged for the best bagpiper in the whole wide world its part of the 151st annual scottish gathering and games. And we are out here in pleasanton. Rubin santos joins me. How are you . I heard you made a journey. Yes, i did. We flew out here from virginia. Reporter just for this . Well, we have family but mainly for this. We have family out here in california. Reporter and we have lots of games going on and lots of music . Absolutely. Reporter tell me about this beautiful wind instrument. We have a four reeded instrument. Three drones that give you the hum. And a chanter that plays the melody. Reporter i learned for my very first time you cannot control the valium. Thats absolutely correct. Thats absolutely correct. Reporter okay. So while you play me a little ditty here im going to step aside and you go for it, okay . Thank you. And good luck to you, sir. Thank you. Reporter here at the Alameda County fairgrounds, it is the 151st scottish gathering and games all weekend here in pleasanton. Great food, great music and, of course, great weather. From pleasanton, roberta gonzales, kpix 5. [ music ] lots going on around the bay area. Theres a whole section on labor day fun on our website, cbssf. Com. Didnt know you would be serenaded by bagpipes during this newscast, huh . What do hurricanes, thunderstorms, tornadoes, heat waves and hail have in common . Five things you dont have to worry about in the bay area this weekend. Well have sunshine. How warm . Thats the question. The answer next. Coming up all new at 6 00 tonight, teenagers take over the Bay Area Park with late night the neighborhood has enough of drugs and trash. The move to crack down on this party spot. He hi, its me. [imitates fanfare] lois prices from Grocery Outlet. Hi, its. The rest of us hey there. Hi hey. Loifor over 60 years now, Grocery Outlet has been selling the brands you know and love, for up to 60 less than what youd pay at Traditional Grocery stores. And check this out. Lois weve got meats and produce, naturals and organics, at prices thatll make you wanna sing. Good thing weve got a really catchy theme song. Hit it Grocery Outlet bargain market bargain market. Now its stuck in my head. Were talking scottish games and barbecues. All kinds of stuff outdoors. Its a Holiday Weekend. It started 20 minutes ago. Were here. Right now. Friday night, whats the weather going to be like, can you get outside . Absolutely. The bay area doesnt rain this time of year. We have pleasant weather and it will be gorgeous for the upcoming weekend. The kpix 5 mobile weather live at duboce park. No fog. San francisco is sunny this afternoon. The lab is looking good. Temperatures in the city in the low 60s. Well take you live on top of the pyramid looking to the south over the financial districts. Cool in San Francisco. 63. Oakland 72. 80s in livermore, concord and santa rosa. 86 san jose. 76 degrees. Overnight tonight 50s. Nice start to the weekend tomorrow morning in concord, 56. San francisco 55. San rafael 53 degrees tomorrow morning. A lot of traffic on i80 trying to get to tahoe. You may be frustrated with the sevenhour drive to get there but looks good. 73 degrees sunny and comfortable tomorrow. 69 degrees on sunday. Sunny and pleasant. The overnight lows in the 40s. If you are hanging out around here, one of the many events you can join would be the millbrae art and wine festival. Broadway avenue in millbrae, sunshine this weekend saturday and sunday highs in the low to mid70s. Heres whats going on. We have a big area of low pressure its not sunshine, its liquid sunshine in the Pacific Northwest right now. Its pour in western washington, western oregon, southern british columbia, its pouring. And that has a direct impact on our weather. As that low sits and spins to our north, we continue to get that feed from the chilly pacific ocean. 55 degrees the ocean temperature right now. Thats why its so chilly outside despite the sunshine. The onshore flow continues tomorrow and sunday and monday. So temperatures will respond by staying below normal through the Holiday Weekend. Next week, though, we are going to warm up. This is a big ridge of High Pressure getting closer. We still have the ocean influence. So at the beach youre not going to warm up that much but away from the water inland in the 90s next tuesday. Weather headlines pleasant for the weekend. Morning cloud cover each morning through monday. Next week not as chilly. 70s tomorrow. Livermore 79. San jose 76. Napa 78. Lots of blue sky in the afternoon. Kind of brisk in San Francisco, blue sky but only 65 degrees. Oakland 69. Redwood city tomorrow 74 degrees. Extended forecast through the Holiday Weekend, very pleasant, 70 near the water, 80s inland, and we get a little hotter and a couple of mid90s toward next wednesday and thursday inland. Thats your forecast. Well have more news coming up in two minutes. Be right back. ,,,,,,,,,, now sony releasing a new version of the music player. If you want it, get ready to before iphones, ipods, and mp3 players there was the walkman. Sony releasing a new version of the player. You will have to pay for it. The new version 3,200. Yeah, the hightech junkies want this one. They want the super clean sound because the updated walkman has over 250 gigs of storage, the wiring inside gold and copper and it is plated in real gold. The transit alert in the east bay bart was delayed both directions at the lafayette station, bart says its starting to recover from that. The delays are still there but the trains are rolling. Thats it for the kpix 5 news at 5 00. Up next, Maurice Dubois fills in for scott pelley on the cbs evening news. Captions by caption colorado comments captioncolorado. Com ni captioning sponsored by cbs dubois hermines knockout eeow. I cant see dubois floridas first hurricane in 11 years knocks out power for hundreds of thousands, then starts a Holiday Weekend p ek up the east coast, 43 Million People in its path. Also tonight, what Hillary Clinton told the f. B. I. In its criminal investigation of her emails. A former College Swimming star gets out of prison after serving just three months for sexual assault. New photos reveal the wounds he received that night. And chloes special guest for show and tell. What brought me here today to talk to your class was an act of t aracter. Dubois Steve Hartman will