stop from hitting him. >> i saw the little girl, it was a serious thing, and i just had to stand forward and just kind of take charge. >> i would say they are heroes. >> i'm not a hero. i just did what i thought was right. >> what they did is very hobble. we are sure glad that they did to help get a tread tore like that in to custody. >> family shopping here today shudder at what could happen to their children. >> i know, it's horrible. that's why i tell the kids they can't leave my side any more. >> the two men don't have children themselves but they say they had to do what was right. allen, the suspect will be in court tomorrow charged with lewd act with a child, aggravated assault, and kidnapping. >> linda, i was just thinking it was two weeks ago, dollar tree store in union city, a young child, two guys jump into action. really it's horrible like you say we have to report these things but these guys don't want to be heroes, they did the right thing. that is heart-warming. >> it is heart-warming, and you know, even the police say if it weren't for these citizens coming up and helping ute they wouldn't be able to catch that predator, maybe somewhere down the road they would have caught him using security tapes but right now they are very grateful people would do this. >> keeps those perpetrators off the street for a while. all right. linda, thanks so much. in vacaville a 14-year-old boy is in juvenile hall accused of sexually assaulting a 13- year-old girl, then stabbing her, and her 18-month-old brother. police say the boy broke into their home early sunday morning while those kids were asleep. they say he attacked the girl, then her brother, after the brother woke up. >> the suspect is known to the victim, the victim's family, he is apparently an associate to the 13-year-old victim's older brother. he is 14 years of age and, again, he has been taken into custody. >> police say that the girl managed to escape when the suspect fell asleep. she ran to a neighbor's house for help. the 14-year-old was still asleep in the victim's home when police got there. both victims in critical condition but they are expected to survive. police are also looking into why those two children were home alone in the middle of the night. a napa state hospital inmeet may appear in court accused of assaulting a therapist. shawn borrow she attacked the hospital employee saturday morning and beat that worker unconscious. less than two months ago another staff member was murdered on the grounds of the hospital. another patient faces charges in that attack. well they are almost as much a fixture in san francisco as the golden gate bridge but now the transient who make their home in golden gate park may soon by selected. simon perez on attempts to close a loophole that allows them to stay. >> in our view nothing good is happening in golden gate park at 2:00 in the morning. >> reporter: that's why the board of supervisors is thinking about changing the law and establishing a curfew in the park, no one allowed in overnight. >> the laws are very murky. you're not supposed to be sleeping but you can be awake. you can be in certain areas but not others. and i think that that creates challenges for the police department and for our park patrol in keeping the park safe at night. >> reporter: much of the violent crime that happens in the park happens at night. >> in the last 6 months there have been i think two homocide, we have had, you know, well reported incident with a pit bull, there's been a stabbing, a assault. >> when i'm denied the rights to enjoy my park because of others claimed rights it's time to clarify the rules, make sure there's respect for everybody. >> reporter: what is the argument to keep it open all night. >> tradition or, you know, i don't know that there really is a compelling one to be honest with you. we're the only major city in the country that does not have regular operating hours in our largest open park. >> it's a new law targeting targeting homeless people. we have 34 laws against homeless people. >> reporter: they say they are targeting them. >> i think it's a classist attitude and so the park is going to be less safe or more safe when unsafe people are there, it has absolutely nothing to do with their socio- economic status. >> this issue still is in the discussion stage, they say it might be resolved maybe within a year allen. >> simon perez. et committee meeting tod attempted to iron out differences. the city has until friday to submit a bid. ne rhode i is working on a plan, should san francisco miss the deadline. the toddler who fell into a fountain newport, rhode island, working on a plan should san francisco miss the deadline. >> the toddler who fell into the fountain at the hyatt regency, 18-month-old oliver materre became separated from his family. he was found several minutes later in the fountain. police are calling it an unfortunate accident. and san jose could be on the verge of becoming california's biggest city with a ban on plastic bags. the city council votes tomorrow. customers would have to bring their own reusable bags or pay for paper. if the ban is approved it would take effect in january of 2012. call nehme electronic pick pockets. standing next t >> you have a chase card. >> yeah. >> here is the x probation date and your number. >> how they can scan your credit card, even your passport, just by standing next to you. and the explosion in online shopping leads to this, how fedex expects to make history today. facebook juts. students protest online and police say, yeah, you're right. that story is coming up. ,, ,,,, lightning fast. lightning strong. verizon 4g lte. rule the air on the most advanced 4g network in the world. died. we are just getting confirmation that diplomat richard holbrook has died. most recently holbrook was president obama's special envoy to pakistan and afghanistan. he had undergone surgery for a torn aorta friday. he collapsed after a meeting. he has been in critical condition ever since. holbrook served in several administrations, richard holbrook was 69 years old. what's in your wallet? you may not even know. but the guy standing next to you could. electronic pick pockets are getting really good at stealing your credit card information and they never even see the card. julie watts on the consumer watch of how you can protect yourself. >> you know those blips in your credit card, that one that lets you waive your card over the machine to pay. they contain radio frequency technology, rfid. is if you see a certain symbol your card has one, it's a little audio symbol. they are supposed to make paying faster and easier. but it turns out they are also making it easier for crooks to rip you off. in a crowd walt august citizen wits blintzes right in and that's the problem. >> if i'm walking through a crowd and i get near people's bank card or wallet there is the number on the screen. >> reporter: armed with a credit card reader he bought for less than 100 bucks online and a net book reader he can steal your credit card. >> you have a suntrust card in there and that's your card number and x probation date. >> i don't like it. >> reporter: it's not just your credit and debit cards at risk. while harder to hack, all u.s. passports issued since 2006 also have rfid technology. it gives me a lot of personal information like your date of birth, photo if i wanted to make id. >> reporter: he is the founder of identity strong hold, the company that markets security sleeves to block this type of rfid hacking and while he has a lot to gain from your fear mark gleason says that fear is valid. >> i think people do need to be concerned and should be aware and we'll see if this becomes a major problem. >> for now, the identity theft resource center says they have never actually seen a case of rfid skimming used to steal information but august citizen wits believes that's because the crime could easily go untraced. unsuspecting people falling victim to another face in the crowd, hidden scanner in hand. >> you have a chase card. >> yeah? >> yeah, here is the x probation date and your number. >> that's it. >> yeah. >> i can actually -- >> yeah. that's it. >> you might as well print your credit card number across your t-shirt it's the same difference. >> reporter: unfortunately there is no foolproof method to protect this but you can protect yourself by buying one of those covers or covering your card in tinfoil, another option, but we're told it is not foolproof. if you have a problem we'd like to help. go to consumer watch. one more thing allen. i checked, amazon has one of those covers, about 15 bucks. >> you can find them at a bunch of different stores and a variety of price points. >> right. or the foyle. >> or the foyle. >> thanks julie. fedex says today may be the busiest day in its history. the company projects it's going to ship 16 million packages, up more than 12% from the peak day laugh years, double the volume they handle on a normal day. maybe not surprising when you see holiday shopping expected to climb 15% this year. >> the bicycle crackdown in berkeley that backfired. look out below. the snowstorm powerful enough to bring down the metrodome and target the east now. ♪ [ music ] . he will live forever in internet infamy, the honor bestowed on a ranting man from alabama. it's time for the annual gentleman immediate media shower tonight t areas that will not be able to see the showers, but will see other showers, that's coming up as "eyewitness news" continues right here on cbs5. ♪ [ female announcer ] keurig has over 200 varieties of gourmet coffee and tea to choose from. ♪ keurig is the way to brew fresh, delicious coffee in under a minute. way to brew. [ female announcer ] so with keurig, every cup tastes like it's brewed just for you. ♪ because it is. choose. brew. enjoy. keurig. it's not too well done? nope. but it is a job well done. what are you reading, sweetie? her diary. when you're done, i'd love some feedback. sure. your mom and i read that thing cover-to-cover. loved it. thanks. would you mind if i cut the lawn this weekend? only if you let me talk to your mother on the phone for hours on end. done. [ male announcer ] u-verse brings peace to the family. at&t u-verse lets you record four shows at once from any room and play them back on any tv. now get up to $300 back in promotion cards. at&t. rethink possible. last year over a parki remember that mini revolution oakland businesses staged last year over the parking ticket crack county? well a similar fight is underwayen the cal campus but mike sugerman tells us the war is not about cars, it's about bikes. mike? >> reporter: well, and this is near sprawl plaza and well, you're not supposed to ride your bike on sprawl plaza and now because it is live television no one is. police were cracking down. students fought back. and sometimes, as you point out, protests work. . >> you need to walk that bike. >> neil akin is having a bad bike day. >> i think it's crazy because there's people that ride through here all day. >> there certainly are. some get caught. the law says you're not supposed to ride your bike in sprawl plaza and areas around it. you're certainly not supposed to be carrying marijuana. >> not even a bit, a leave. >> it cost him a lot more. >> the central part of the campus is restrict so no skateboarding during the heaviest times. >> you see police captain steve roderick says it has been the rule for years. but recently students fought back. they just received a 40% fee hike the past two years so another $220 for riding their bikes seems a bit much. they put up a facebook page and helped protest. and police listened. >> thought that that was a little excessive so we stopped issuing citations. >> part of the problem is that court administrator fees are half the cost. but the backlash was heard. protests won out. now -- >> you need to walk that bicycle. >> a warning first. on the second time, a ticket. >> pardon me, your question, what you just is illegal. >> machine a didn't know about the controversy, the tickets, for the fine. >> that would suck. >> it did for kneel akin. next time on campus he probably won't ride his bike and most certainly will leave his marijuana behind. the students are saying, you know, how much money do you want from us? we're already paying all that tuition and now, just because we're riding our bikes, which is dangerous, you know, there are pedestrians around, so police are trying to find another law that they can use that maybe doesn't have that $110 administrative fee. you got to spend money to make people understand that they really shouldn't be doing it. they are going to try do that in the next year allen. >> as long as nobody gets hurt as you said. that's the main thing. >> don't hurt anybody. >> yeah. well the deadly deepfreeze that tortured the upper midwest now it's moving east and the evidence came through the roof in slow-mo. watch this. so much snow piled up on the minneapolis metrodome the roof of that stadium collapses under the weight. yesterday's nfl game between the vikings and the new york giants, yeah, couldn't play it there so it's rescheduled for tonight in detroit. the storm now moving east bringing more snow, subfreezing temperatures to more than a dozen states there. so you know what travel can be like. let's check with low better take because you know what it couldn't be anything to complain about when you see that here. >> especially when we have record high temperatures being reported across the los angeles area. we had a high there of 83 degrees. locally our numbers were averaging anywhere between 1 and 3 trees above normal, it was hard to imagine that when you had a grey slate of clouds, this is 2 scene looking out towards san francisco. right now today' high was 57. that's 2 degrees below average. but everybody else came in very close to par. it's currently 56 degrees in san francisco, you can see the flag on the fly, the winds are ever so gentle out of the west at 5. out and about the clouds are thickening up and they will continue to increase and we'll see some rain showers developing later on tonight. but meanwhile with the blanket of clouds overnight lows in the 40s or 50s, we're going to have the best show, the meteor showers, not going to be able to see it because we have rain developing in the north bay later. i wanted to set you up for your week ahead. tuesday the light rain from the north to the south spreading including both commute and heavier rain as we look towards the end of the workweek. there you have the leading environmental of the precipitation as it continues to move towards the sonoran last of the state of california. this system promises to bring about up to an inch of rain in the spots in the north bay over the next 24 hours. one thing it will certainly do is scour out the fog as the rain line begins, the 8:00, 9:00 tonight, overnight, gradually spreading towards san francisco. there is your morning commute. you can see the rain is playing tag with the coast and then pretty scattered before it completely fills in over the entire bay area by tomorrow evening commute. so again, meanwhile, we're not looking at hefty totals here locally but in the high sierra pin winter storm warning in effect. a foot of snow expected about 6,000 feet, be careful if you're head to go the high sierra and take the chains along. tomorrow's temperatures in the 50s up to about 60 degrees, good as it gets, except towards salinas and holiday ister. otherwise it looks like we'll have the rain at the end of the workweek all the way into your saturday, sunday woo it will taper off, a bigger storm comes back into the bay area on monday. so you got to enjoy this. we're not going to see the sun until about wednesday here. ray and shirley sent us this one from napa, a north bay sunset. we invite you all to keep your photos coming to mypix@cbs5.com. that is, a len, the pinpoint forecast. >> just enjoying the picture. all right roberta, thanks. a legal setback for health care reform and another reason to watch your cholesterol if you want to stay sharp in your old age. ,, ,,,,,,,,,,,,,,,, healthcare reform. dge in virginia it's the first significant legal setback for president obama's health care reform. a federal judge in virginia ruled that a key provision in the plan is unconstitutional. he says congress does not have the authority to require americans to carry insurance. but, because this part of the law wouldn't go into effect until the year 2014, the judge did not stop it from moving on. >> our belief is that the health care act is -- will go forward and that it is constitutional, that it improves peoples' lives. >> the judge who issued the ruling is a republican appoint tee. two earlier rulings by democrat- appointed judges found the reform law constitutional. all sides agree the issue is destined for the u.s. supreme court. keeping kids healthy is what's behind legislation signed into law today by the president. the 4 1/2 billion dollar measure expands the free lunch program and gives the government greater say in which foods are served. the first lady was a strong supporter of the legislation and the president said, if he didn't sign it, he would be sleeping on the couch. here is another reason to keep a close eye on your cholesterol. new research suggests it could have big benefit for your brain and lower your risk for alzheimer's. dr. kim mulvihill explains the suggestion. >> reporter: good cholesterol is not only good for your heart, it may also be good for your mind. >> good cholesterol is associated with a lower which of alzheimer's disease. >> reporter: researchers from columbia university studied 1100 older adults for 10 years and found those with lower levels of h dl, good cholesterol, had half the risk for alzheimer's disease. how so? it is thought to take bad cholesterol from arteries and has an tee observations dent and hand tee inflammatory properties and all of that decreases the risk of heart attack and stroke. >> many people with a higher hdl have less strokes in their brain and thus are less likely to manifest alzheimer's disease. >> reporter: to help boost your hdl eat more foods, nuts and fish, that contain omega fat tee acids, stop smoking. alcohol in moderation can also help. dr. kim mulvihill, cbs5 health watch. the contamination inspired legal action big enough for hollywood. but it turns out there aren't many health problems in a small california town. erin brockovich put the spotlight on pg&e's $333 million settlement with hundreds of people living in hinkley over contaminated drinking water. new studies show cancer levels there have not elevated from 1988 to 2008. still, some believe the toxic chemical chrome yum 6 is in their water supply and may be spreading. youtube's biggest hit of the year in 2 minutes. eyewitness news at 6. ,, [ bell rings ] what are you doing, friending somebody? yeah. you got time for that? you got time to earn more on your savings, online at capitalone.com. that's new school banking, baby! instead of earning squatootski... your savings will be 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[ female announcer ] safeway is the place to stock up on itunes gift cards. right now, save $6 on a $40 4-pack. keep 'em on hand. only at safeway. ingredients for life. we told you i'm dana king, here is something we're working on for the 6:00 news. we told you about the plan to charge everyone who drives into san francisco. well, tonight, a neighboring county is firing back with a toll plan of its own. how it could cost you 8 bucks just to drive the length of 1 block. and get the festivus pollute. how the holiday made an official two-month run in a california jail. we'll have more on that. >> that's when the airing of griefanses begin. add this to the end of the list. a favorite youtube video. surely this one was on just about everybody's list. video for ♪[ music ] . >> that's the number 1 video of 2010 on youtube. the treatment it got by auto tune the news which made up this song, the video got more than 61 million hits. as he says, "we gonna find you" and people found him on youtube. >> easier to go like this. it's hysterical, you got to watch it.