Questions about the victims lifestyle. Reporter 21yearold Javier Garcia appeared in Santa Clara County superior court this afternoon. Garcia, who was arrested in oakland last week, faces six felony charges in connection with the murder of south bay businessman ravi kumra, amir allem is a deputy district attorney. Count 1 is murder. They are also charged with robbery, Home Invasion robbery you would refer. Reporter allem says he cannot discuss the fact of the case because the charging documents remain under court seal. We file it under seal because its pending investigation and that would negatively affect potentially the investigation and we dont want that to happen. Reporter kumra was found dead in this mansion in the earlymorning hours of november 30th after his wife called 911 reporting several people had broken into the home. So far, four people have been arrested. 22yearold raven dixon from alameda was the first to appear in court facing charges of accessory to murder with a gang enhancement. Javier garcia appeared in court today. 26yearold Lucas Anderson was arraigned last week. And 21yearold dangelo austin was arrested in sacramento and is expected to be arraigned tomorrow. Javier garcias family left the courthouse today without making any comments. Were not absolutely sure that there arent other suspects out there that will be apprehended, arrested in this case. Reporter Sergeant Kerry harris of the los gatos montserrano Police Department says police cannot provide more information about the case because it is still under investigation. But Court Documents from 2006 obtained by the mercury news paint a picture of a millionaire businessman accused of questionable Business Practices and a sham divorce. The key for us is to make sure we exhaust every Investigative Lead before we Start Talking too much about the case. Reporter and the fourth and final suspect in the case at least arrested so far is expected to be arraigned here tomorrow afternoon. At this point, we do not know if three or possibly all four of those suspects will be tried together. Reporting live in san jose, im mark sayre, cbs 5. Some agreement tonight on capitol hill. Nobody appears to like the deal but averted the fiscal cliff though. Cbs reporter Danielle Nottingham is in washington with the next crisis looming on the horizon. Hi, danielle. Reporter hello, brian. And some lawmakers express their disappointment while still voting in favor of this law. No one wanted to see higher taxes for the middle class. But congress only prevented one crisis to face another in the coming weeks. Reporter as the 112th Congress Wraps up its work, lawmakers getting ready to leave washington arent exactly proud of the deal to avoid the fiscal cliff. I hate this agreement. I hate it with every fiber of my being. Reporter late tuesday night, the house signed off on a bill that will prevent a middle class tax hike and delay automatic spending cuts. Mark gold wine of the committee for a responsible federal budget says congress missed an opportunity to tackle the ballooning federal debt. This problem isnt going away. Reporter the bill raises taxes on families making more than 450,000 a year and extends longterm jobless benefits for a year. But the law does not include spending cuts and Social Security and medicare reform leaving many lawmakers doubtful congress will ever reach a sweeping budget deal. Quite frankly, we have been slow to the dance on the revenue side. Reporter another showdown is around the corner. In two months, the treasury needs to increase the amount of money the country can borrow and lawmakers must approve it. Im worried about whats happening. We have another cliff and thats scaring me, too with the debt ceiling. Reporter the last Time Congress fought over the debt ceiling, americas Credit Rating was downgraded. And the debt and spending cuts are issues the next congress will have to deal with. New members will be sworn in tomorrow. Live on capitol hill, Danielle Nottingham, cbs 5. They may not be happy in d. C. But they are thrilled on wall street. Stocks surged in the new year after lawmakers reached their deal. The dow was up more than 300 points its biggest oneday gain in six months. The nasdaq and s p were also up dramatically. The cost of going green is going up because were so good at recycling. Were being punished in a sense. Many bay area cities have recently raised garbage rates and others are thinking about it. Cbs 5 reporter da lin on whats behind the increases. Reporter you can almost say recology is a victim of its own success. The San Francisco trash hauler claims customers are recycling more and throwing away less and thats cutting into its bottom line. Recology wants to increase both commercial and residential rates. The residential rates would go up by about 24 . Right now, the average Single Family homeowner pays 27. 91 a month for the 32gallon trash, recycling and compost bins. The proposed hike would bring that monthly amount up to 34. 54. Recology says the new amount would include charges for the recycling and compost bins which would be 2 each. The increase is really relates to increased costs such as fuel and also some new programs such as sorting of the black bins. Reporter at 27. 91 a month for the typical residents right now, San Francisco is in the middle of the pack for garbage rates compared to neighboring cities. But the new rates would make San Francisco one of the highest. Some recology customers dont like the proposal and say it doesnt pass the smell test. For normal garbage i wouldnt mind paying more but for recycling where they are making money off our junk anyways, i dont think thats fair. They are actually making money off the recycling because they sell that the composting and the recycle materials. Those go to market. They find places. So they get in income from there, too. So it just doesnt really add up. Reporter if city officials approve recologys request, the new rates would go into effect starting july 1. In San Francisco, im da lin, cbs 5. Checking bay area headlines, surveillance pictures of two bank robbery sucks respects are being released in hopes of identifying them. The man allegedly held up the oakland bank of america on telegraph avenue december 10 around noon. The woman inside the bank at the same time is believed to be his accomplice. A 2,500 reward is being offered for more information. And Water Service has resumed in the hayward neighborhood where a broken pipe flooded the area near jackson and santa clara streets overnight. Water was shut off and lanes were closed while crews made repairs. City crews blamed the cold weather and recent rains for helping rupture the 50yearold pipe. And now that the Holiday Season is over, construction is resuming on San Franciscos central subway project. That means stockton street is closed to traffic again between ellis and geary streets in union square. The project had been on hold since thanksgiving. The central subway is scheduled to open in 2019. Well, the San Francisco news talk channel cofounded by former Vice President al gore, current tv, has been sold. Gore says that aljazeera bought the company today. He didnt say for how much. Aljazeera is the cable news Company Based in qatar. Current tv once focused on short documentaries but has since rebranded itself as kind of a news outlet for liberals. Sale could mean a broader editorial platform. The colorado theater where a dozen people died in a mass shooting is preparing to reopen. Why some of the victims families are offendedded offendedded by a gesture to reopen the theater. And secretary of state Hillary Clintons recovery. How low will it go tonight . Well have the pinpoint forecast coming up. , excuse me, sir im gonna have to ask you to power down your little word game. I think your friends will understand. Oh no, its actually my geico app. See . I just uh paid my bill. Did you really . From the plane . Yeah, i can manage my policy, get roadside assistance, pretty much access geico 24 7. Sounds a little too good to be true sir. Ill believe that when pigs fly. Ok, did she seriously just say that . Gunman in the colorado Movie Theater massacre. Aring to determine well get a first look next week at the mountain of evidence against the suspected gunman in the colorado Movie Theater massacre. A hearing to determine whether james holmes will go to trial begins on monday. 25yearold is accused of killing 12 people and wounding 70. During a july movie premier in the denver suburb of aurora. His attorneys are expected to pursue an insanity defense. Many of the victims families are upset over an offer from the Movie Theater where the massacre happened. That theater is set to reopen this month and families have been receiving invitations to a special evening of remembrance followed by a movie showing. Several who received the invitations call the offer offensive and disgusting. Students at sandy hook elementary head back to School Tomorrow for the First Time Since last months mass shooting. They will resume classes at a newly renovated building in the neighboring town of monroe, connecticut. Furniture and other items from sandy hook were moved there to ease the transition. Parents and kids got a chance to tour the new school today. The children are coming in. They are so excited to see their teachers. And the students coming in completes the circle. Thats whats missing right now is getting our students back. A Strong Police presence will be around the School Tomorrow. But the superintendent says there will be a big effort to keep the atmosphere as normal and relaxed as possible for the young students. And a Bay Area Community with a threat literally in its backyard. Why seeking Disaster Relief and how close it came to catastrophe after recent rains. ,,,,,, because of the flooding fron francisquito creek. The creek is located along n francisco bay, east of of highway 101 in east palo al. A peninsula city is considering a state of emergency because of the flooding interest a creek located along San Francisco bay east of highway 101 and east palo alto. Heavy rain on december 23rd caused the francisquito creek to overflow the highest since 1930. Water topped the levee flooding streets and hopes. An emergency proclamation will secure funding for immediate levee and bridge repairs. Hopefully before the next storm hits. Were concerned about the entire rain ee rain ee season. We have two or three months left. If the state comes through with the funds, the repairs will be done right away. Its the end of an era in San Francisco. The exploratorium just closed minutes ago after 43 years at its current location. It went out with a bang. Check the crowd leaving at 5 00 after a ceremonial farewell. Heres a live look at the exploratorium in its iconic place at the palace of fine arts a favorites for generations of bay area families to came to learn, experiment and play over the years. Cbs 5 reporter anne makovec talked with todays final visitors. Reporter the sounds of wideeyed wonder are about to fall silent here after 43 years, the exploratorium closing its doors at the palace of fine arts and local families lined up for its swan song. Im going to just try to live it up and experience it one last time in its original spot. Reporter she has been coming here for decades with her children and brought her daughter back today not knowing it was the end. I think that the reason we felt we needed to come was because somehow we knew it was the last day. Reporter ron knew the day was coming. He spent much of his life here. I like to think my official title is loose cannon. I have been here so long i have been able to do so many things here. Reporter of his 43 years, he worked here for 41. We are going to really miss the palace of fine arts. We are going to miss the swans. Its going to be sad today leaving. But were moving to such a spectacular location. Reporter the exploratorium will reopen on april 17th at pier 15 on the embarcadero in San Francisco. The location has three times the size. [ gong ] reporter this is one of the features they cant take with them. Its a Musical Instrument that resonates in the column of the rotunda of the palace of fine arts. One exhibit left behind with a memory of so much. You cant experience it without being here. You cant speak of the exploratorium without thinking of the palace of fine arts. They go well together. Reporter between now and april they will hold popup learning events throughout the city. Find out more about these events on our website, cbssf. Com. Just click on links and numbers. In San Francisco, anne makovec, cbs 5. Such a neat museum. I love going there. Have you been there . Yes, i have the brian has held class there before. A veteran of many a live shot. Exactly. What a day to be out and about the city of San Francisco today and across the entire bay area. We had walltowall sunshine. Air quality, wow, it made a great improvement under this second winter spare the air day. Lets take a sneak peek outdoors right now. This is the scene looking out towards the bay waters as night is falling. Official sundown is at 5 02 and currently were sporting numbers in the mid50s across the Santa Clara Valley from milpitas through san jose, which these numbers are pretty typical for this time of the year. Were finally seeing our seasonal numbers. In fact, as we traverse on over to the northern and eastern portion of our bay area, napa is now at 54. Santa rosa after bottoming out this morning at 28 recovered quite nicely. Now into the mid50s. Livermore in the low 50s. Also realizing 28 degrees overnight. San francisco in the mid50s which is pretty spot on for this time of the year. At this hour, sausalito is at 53 degrees. Now, your pinpoint forecast does call for tonights overnight lows not as cold as last night. But nevertheless, below freezing in santa rosa which gives us a good idea that well wake up to some patchy frost in the morning hours. Below freezing in throughout the trivalley. 36 degrees in san jose after bottoming out at 32 this morning. Upper 30s and 50s at the bay. Sunup at 5 02. A layer of clouds beginning to move in from the north. Tomorrow, it is a volunteer spare the air day. Not mandatory. But were all doing our part. So air quality is definitely improving. Heres the setup for us. An area of low pressure is well to the north of the bay area. But watch right there. Theres the center, the core, and then it begins to fall apart at the seams as it backs up against this dominant ridge of High Pressure thats holding its own. In fact, we do not anticipate any rainfall until a chance of rain by january 9th. Rain likely by january 11 which is okay because look at our very healthy rainfall totals. Right now, for this season, San Francisco 141 of normal. We were 36 of normal last year and 30 of normal in san jose. I lot of black ice in hayward. Partly cloudy tomorrow. All due to that area of low pressure to the north of the bay area. Thats falling apart at the seams. Cloudy cloudy on saturday and dry during the period. I have already marked my calendar. Thank you. Hillary clinton, why the secretary of state was seen outside the hospital where she is being treated for a blood clot. Look at you guys with your fancyschmancy uverse high Speed Internet. You know, in my day you couldnt just start streaming six ways to sunday. Youd get knocked off. And sometimes, it took a minute to download a song. Thats sixty seconds, for crying out loud. We know how long a minute is sitting, waiting for an album to download. I still have back problems. Youre only 14 and a half. He doesnt have back problems. You kids have got it too good if you ask me. [ male announcer ] now uverse high Speed Internet has more speed options, reliability and ways to connect. Rethink possible. Its one of the most famous quotes in history. And 4 months rmstrongs deat thats one small step for man, one giant leap for mankind. Its also one of the most famous quotes in history and four months after Neil Armstrongs death, a secret is revealed. Armstrong claimed they didnt think about what he would say if he succeeded in stepping on the moon until just a few hours before they landed. He said we didnt think we had that big of a chance of getting there. But in a documentary his brother says he ran the line by him months before. Not earthshattering maybe but the fans of this kind of thing, a little moon shattering. Secretary of state Hillary Clinton is out of the hospital tonight. She was spotted leaving New Yorkpresbyterian Hospital with her husband and daughter this afternoon. The former first lady was admitted sunday for treatment of a blood clot that formed near her brain. An aide says she continues to make progress and doctors expect a full recovery. No word on when she will return to work. And in health news, a new study shows sugar substitutes may be playing tricks on your brain. Yale researchers studied the mris of people who just consumed drinks with fructose. They found their brains dont register the feeling of being full, which could contribute to overeating but the brain reacts differently when simple sugars are consumed. Just when you have made that new years resolution to lose weight maybe you dont have to . A new study says being slightly overweight may actually help you live longer. Cdc researchers found a link between being a little overweight and a lower risk of dying. But they say the extra pounds are only healthy when youre older, not when youre young. Generic drugs are the preferred choice for more than half of the medications americans take every year. But now a newsted finds many people arent taking them. Cbs reporter Teresa Garcia explains why. Reporter 73yearold mort allen takes medication for high blood pressure, cholesterol and diabetes managing all those prescriptions being confusing at times. This one drug, its either blue or its white. It changes colors. And so you dont really know. Reporter many of his pills are generic, which can vary in color and shape from brand names. Now a new study from brigham and Womens Hospital shows when pills look different, patients are 50 more likely to stop taking them. So if you are used to taking these guys, if we give you this, youre going to be obviously confused, saying what is this white pill . Mine is oblong. Reporter generic medications account for over 70 of prescriptions filled in the u. S. Doctors say its important that patients understand even though your drugs can look different, theyre still the same. During consultation we tell them theres a difference in shapes and size with the same pill, its still the same generic, everything is the same. It just looks a little different. Then in addition, we put a little sticker on the bottle saying same exact information. Reporter patients should also talk to their doctors and pharmacists if they have any questions. Allen keeps a line of communication open with his pharmacist. But with so many medications to keep track of, he knows he has to pay close attention. A little tray things, monday, tuesday, wednesday thursday, friday. You put one in each one. Reporter allen wants to make sure he is taking the right drugs at the right time. Teresa garcia, cbs news, los angeles. It looked like civil war might break out within the Republican Party over aid to victims of superstorm sandy. Well have the latest tonight on the cbs evening news. ,, to give a break cancer survivor a lifetime thats definitely a fair trade. Whoo you walk with friends, you meet new friends, and you keep those friendships. It was such a beautiful experience. jessica lee and its beautiful undeniable woman why walk 60 miles in the boldest Breast Cancer event in history . Because everyone deserves a lifetime. Visit the3day. Org to register or to request more information and receive a free 3day bracelet today. Building up from deep inside it was 3 days of pure joy. Susan g. Komens investments in Early Detection and treatment have helped reduce Breast Cancer mortality in the u. S. By 33 since 1990. Help us continue serving the millions of women and men with Breast Cancer who still need us every day. Register for the 3day now. woman its just been an amazing, amazing journey. I love these people. And its beautiful your every word. Every prive conversation. Someone coulde listening, even recording yr heres what were working on for the 6 00 news. Your every word, every private conversation, someone could be listening even recording your voice. Why a bay area Transit System is moving forward with a plan that is igniting big brother concerns. Plus, ethically thats over the line. Critics are calling it a marketing trick. What some colleges are doing to make the schools seem even more desirable. That and more tonight at 6 00. Thats it for now. Thank you for watching. The cbs evening news is next. Remember the latest news and weather are always on cbssf. Com. Along with brian hackney, im elizabeth cook. Thank you for watching. See you at 6 00. Captions by caption colorado comments captioncolorado. Com mason tonight, superstorm christie. S u. Shame on congress. Mason northeast republicans blast their own party from Speaker Boehner on down for failing to pass a sandy relief package. Elaine quijano is covering. Over the cliff and back. Nancy cordes and Wyatt Andrews on the new years night budget deal and how a tax break for racetracks got in it. Obesity is a health risk. But researchers now say being a little overweight could reduce your risk of dying. Dr. Jon lapook with a Surprising New report. And she was one of the most popular singers ever. Remembering patti page. I was dancing with my darling to the tennessee waltz captioning sponsored by cbs thisth