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>> yes. >> reporter: for that reason they fled to get to west of the capitol. officials believe over 10,000 people are dead from the massive quake and tsunami and the struggle continues for the hundreds of thousands of survivors. the military is ordered its troops to leading the way to stay at least 50 miles clear of the stricken plant. in japan. cbs5. >> are you worried about the raidation coming here? our eyewitness news poll finds most people in the bay area, 54% aren't that concerned. 45% are either or somewhat concerned. the most experts say at this point california shouldn't be alarmed. >> a man shot on the sidewalk right in front of people eating. it happened in front of a mcdonalds. we get a look at surveillance video. >> reporter: look closely at the top of the screen. are you about to seat shooter onto run. here it is again in slow motion. watch as the woman apparently hears the shot and turns around. a moment later the suspect runs by. paul owns liberty tax right next door to the crime scene at the mcdonalds and released the video because he said he wants to keep his neighborhood safe. >> we catch the person that done this, harm to the young man that got shot. i hope they catch him. >> i heard a pop. >> reporter: bill came out to see blood coming from the victim's head and got a good look at the suspect. >> shot him and just kept walking down the sidewalk, real tall, and i seen him tuck in the gun back away. i couldn't see. >> reporter: it happened at found the arches in front of the lunchtime crowd. police say the gunman walked up to the victim and shot him at point blank range in the back of the head. paramedics took the victim across the street to the hospital leaving behind the victim's cap and cell phone. >> horrible. smoking a cigarette and then next thing he see on the ground flat, still, you know not moving. >> reporter: it's not clear how the victim and suspect knew each other but it could be gang related. the victim is in serious condition in the hospital. as far as the description of the suspect police say he is a white or hispanic male in his late teens or early 20s. if you have information police wants to you give them a call. live in san jose, cbs5. >> a woman is sharing her story tonight hoping you that can help her. the man who attacked her and slit her throat is still on the loose. in fact he is so worried she hasn't been able to sleep at night. >> reporter: she said she faced death six weeks ago after a knock on the door. >> i ask who is that and no people answer. second time and -- he knock again, it's a -- knock very hard. >> reporter: on the other side of the tiny door was a 200 plus pound man who she had seen before at a yard sale. >> i said you have money? i say johan no. >> reporter: the 90-pound woman was forced in to the bedroom after he broke down the door. >> look like that. it a -- it's a put the -- >> reporter: attempted to suffocate her is what she is trying to say. she blacked out for at least five minutes. when she work woke up he struck her on the head. >> i feel the blood in my face. >> reporter: it's the blood vessels in her eyes that ruptured. >> i remember he hold my neck. >> reporter: she fought back. >> i put my head -- i went hold his something. >> reporter: that is when her attacker slit her throat. she summoned the strength to crawl out of that apartment and make it here to plea for help but it's here that the case has hit a wall. despite being surrounded by three apartments and homes across the street nobody has come forward to identity the attacker. richmond police ask that you take another look at who they are calling an attempted murder. your call may stop her terror. >> i feel -- scared. >> reporter: in richmond. cbs5. >> tonight we are learning some of what barry bonds told his one time mistress. lawyers want to play taped phone messages in his perjury trial. what prosecutors want to use them to prove. >> a floater. >> reporter: from 94 to 2003 giants slugger barry bonds had an affair with kimberly bell. prosecutors want those tapes as evidence that he was becoming aggressive. the suggestion that he was experiencing roid rage. the messages range in tone, some are sweet, in one he says i'm calling to wish you a happy valentines ' bah because you are worth all that, love to you baby, peace. other messages filled with swearing as bonds trying to track bell down, time after time. quote, kim, i just paged you, now i'm missed -- i don't give a blank what you better just find me. if i page you better drop everything and call me back. kim, i'm starting to get upset. very upset. where in the blank are you? pick up the phone, call you tomorrow. i'm beyond the word missed. in a motion the defense argues that the recordings shouldn't be admissible because they are irrelevant, prejudicial and a waste of the court's time. the defense said that is because there is no reference to performance enhancing drugs in any of the messages. tomorrow two things happening. the judge will consider whether the messages add missable and possible jurors will be filling out a questionnaire. whether the messages are added into the pool -- the jurors could see the media reports starting tonight. >> that's what they tell them. don't turn on the computer, don't watch television. >> up until this point they are allowed to. we will see what happens. >> thank you. >> the state is threatening to fine pg&e a million dollars a day for failing to turnover key safety records by yesterday's deadline. in the wake of the san bruno explosions the puc asked the company to supply documents that prove its gas pressure levels safe. the puc's executive director suggests that pg&e made a decision not to comply. he said they relied to much on showing pressure levels instead of tests or engineering work. >> in sacramento lawmakers chipping away at that big budget deficit with big cuts to welfare and health care. joe vasquez reports one of the elements is still up in the air. >> some politics being played. >> reporter: the governor is still trying to swift republican arms to help him set a special election for june. sot voters can decide if they want to raise a billion dollars in taxes to off set a 26 billion-dollar deficit. so far almost all republicans are refusing any vote for taxes but there are five known as the gop five saying maybe. just the fact they are negotiating the governor has one group calling for any republicans that vote for it to be censored. now talk they should maybe wait for the vote until after the weekend's state gop convention sot republican lawmakers tonight have to feel so much heat. leaders say there are no plans for delays. >> we will make the cut one way or the other. >> reporter: in sacramento, joe vasquez, cbs5. >> a piece of highway one slid into the ocean. >> this is the big sur area where 30 feet of the road fell down the cliff of hurricane point. drivers were forced to leave their cars and walk to safety. there hasn't been a lot of rain in the area but all signs point to steady erosion. it could be months before cal trans gets it fixed and a few minutes ago we learned more of the road has given way. >> already feeling nickel and dimed to death? there is another way banks want to increase their bottom line. how much some of them are about to raise your atm fees. >> do you prefer pete's ,,,,,,, . say this all the time, get ready to pay more. in this case to use the atm. those fees probably going up. last spring's initiative to cap the fees at 50-cents a transaction went nowhere. now chase is testing out fees of four and five dollars a pop. other banks expected to follow suit. banks generally charge about three dollars when atm's are use bid noncustomers. about $7.1 billion by fees generated by atm's last year. >> we are either coke or pepsi usually. mack or pc. same for coffee. it's often starbucks or petes. petes wait until you hear what elizabeth cook has to say. >> reporter: dana that classic story of david verses goliath. that little company based in seattle and pete's coffee. for the people who define themselves by their coffee this news is a little hard to take. customers at the pete's coffee shop at the corner of walnut and vine aren't your average coffee drinkers. >> it's deep and rich and has different levels of taste. >> the feeling of it after you drink it. >> reporter: they call themselves the pete mix. self professed coffee somebody snobs who only drink pete's. >> everything else is just like not as good. >> this is the gold standard. >> reporter: started in 1966 it's a bay area tradition. the founder even mentored the future founders of starbucks. many coffee drinkers we talked to said pete's coffee isn't just your average cup of joe and if starbucks took over their favorite drink just wouldn't be the same. >> no. no. it can't be true. that would be terrible. >> reporter: patty and her daughter are visiting the bay area from kansas city missouri. they get their pete's coffee shipped to them and they made a special trip to the original store. >> very been here once and came back to walk inside because i have never been to san francisco and she is always -- we have always gotten the coffee at home and so i just wanted to come in -- and walked through and i was like wow, i feed need a t-shirt. >> reporter: the companies wouldn't comment on the talks but stocks in pete's rose for the second straight day today. why would pete's even consider doing this? some speculate that starbucks would help pete's gain access to supermarkets. >> it might be a collector's item to have a t-shirt now. elizabeth cook. >> we love tourists when they come. >> yeah. >> are they going to see rain? >> it depends on the day they come. tomorrow really is the buffer day. we have a big time store heading this way for friday through the weekend. clouds breaking up by tonight sunset at 7:18, by then 54, cool spots coast side, 64, gilroy tonight, mid-30s, and also santa rosa to the mid40s across the central bay. we have an area of low pressure. 20% chance of a couple rain drops thursday but the bigger system will be noted on friday. morning drive will be a wash out and look at that line. that's the front with a heavy precipitation in the san jose area. this time it could be off. you get the flavor and check that out. snow in the local mountains down to 3,000 feet by friday evening. this is how we play it out. a half inch of rain to two inches to the north bay. friday winds many to 45, snow level at 3,000 feet. in addition with the power associated this area of low pressure the national weather service has issue aid high surf advisory in effect now all the way through friday 11:00 p.m. some swells up to 16 feet. backing up one day at a time. mostly cloudy tomorrow, couple rain drops possible. 50s and low 60s. a brisk windy day, saturday, less wind on sunday but still a scattered shower, unsettled weather conditions on monday through wednesday. last time it snowed here in the bay area wade was able to get this picture near morgan hill. we had all that snow in the south bay. few flurries here in the san francisco area at sea level. don't buy a snow shovel, no building snow men. >> not going to snow in san francisco. >> no. it is not. only down to 3,000 feet. >> good to know. >> thank you. >> thank you. >> and we are co what does that say? 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[ cackling ] he's my ride home. how much can the snapshot discount save you? call or click today. . vcu one of the teams experts said didn't belong in the field over saint mary's. tonight the rams advanced to round two. >> if we -- the fact they go 3- 5 why are we holding against saint mary's? >> us c's kevin o'neal. no luck of the irish. the trojans held to 46 points. they -- they do deserve it. they will play georgetown on friday. cal's big man. power forward out to the season. taking on old miss, guiterrez puts in go of his 25. take me to the final minute, up one, smith -- cal hangs on for the win. they will take on colorado friday. the nat in boulder. facing crisis domestic and across the world at least the president has his priorities in order. >> i'm thinking kansas. just because i think they are deeper. they always feel bad about losing when the president picks them. they will go all the way. >> have you any other help? >> i read your column and then disregarded everything you said. >> that's the way to do it. here are our picks. i will take ohio state, ken, ucla, you are out of your mind. dana has kansas, that's a good pick and san diego state. roberta, that explains a lot. they went to san diego state but that's a good gone. fans treated to another bad inning. david lee up ahead to monte led by 18 in the first half. 26 for ellis. it was ac law providing the scoring for the other -- season high 15. the lead was down to five. dallas took control -- jump shot, please. >> why even dribble? >> they come back to beat the warriors. danny was docked $80,000 as part of a two game -- part of his suspension for elbowing last night. give me the top five. watch number five. white of alabama state, he didn't enjoy his trip to the big dance. texas -- they will play ohio state. >> number four, won't be a giant's top prospect for much longer. giants lead the white sox 5-2. blake griffin, block party tonight. were you invited? >> nope. >> watch how close his head comes to the back board? number two, dwayne wade, now you can call traveling. go head. he walked more than hookers in front of my condo. the heat lost to the thunder. at number one, alaska john baker the first eskimo to win and he won the thousand mile mare ton in a record time of eight days, 19 hours and 46 minutes and -- his lead dog frost was given credit. >> i have his card. >> you know why they call him that? because he bites. thank you i will be here all week. . >> so did that. wow. >> they started the race in 1925. you know why? so they could get ,,,,,,,,,,