Live, from the cbs bay area studios, this is kpix5 news. Tonight, police say this bay area guy was selling a lot more than ice cream out of his truck and it landed him in handcuffs. Joe is standing by in brentwood tonight where Police Nabbed him. Joe . Reporter and right here at this arco gas station. Let me show you a couple of photos taken by cell phone by a couple of people who didnt want to be identified on tv. You can see the ice cream man and this, according to police, is 62yearold kelly brown of oakley. The investigation started when someone called the cops an reported the ice cream driver just tried to sell me some drugs. The cops caught up with brown here in his Ice Cream Truck right here at the gas station. He buzz arrested for possession of suspected methamphetamine. Im 62 years old. Last person you would suspect of doing it. The ice cream man selling drugs . I guess everything is possible. It is still a little shocking. Reporter brown is booked in the county jail in martinez. Reporting live in brentwood, im joe vasquez, kpix5. We have breaking news in salinas now, hundreds of people are rioting in the street. Now the court record mushily gathered to protest this. Police shot and killed a man in this same spot yesterday. They say he was armed with a pair of gardening shears. They said they had to shoot after efforts to taze the man tailed. When we learn anything else tonight about the riot, we will stay on top of it and let you know. Tonight, we have this Surveillance Video of a gunman barging into a san jose liquor store and got really nasty. Andria borba has more. Reporter the Armed Robbery at clives liquors happened may 9. It was all caught on video. The robbery starts with an expletive and only gets worse from there. With the butt of a shotgun bashed into a mans face and customers forced to the ground. Now now down reporter the suspect demands cash from the clerk. Goes to the back of the store, and then again to the front. Put up the [bleep] money. Reporter and drops f bomb after f bomb at the clerk until the register is unloaded, and then makes a run for it. The moment that man stepped off camera, he got into a waiting toyota camry. They took off. Police looking for the man and the car tonight. Live in san jose, andria borba, kpix5. A big turnout for a memorial for a student killed by an amtrak train. People at San Leandro High School made donations and brought flowers in honor of brittany silva. She was about to graduate. I know it affected a lot of seniors. We already lost another senior. We are heartbroken. Reporter brittany was wearing ear buds and did not hear the train coming. A Southern California woman is free. Ten years after she was kidnapped as a teenager. Stacy Butler Police tell us the kidnapper forced him to marry him and have his child. Something is not right here. Reporter neighbors are in shock after Isidro Garcia was arrested on suspicion of abducting this woman at the age of 15 and holding her captive for a decade. Who would imagine a guy would do Something Like that, you know . Do you believe it . I dont believe it. Reporter the case came to light monday when police say the alleged victim who used the lame laura artiz filed domestic charges against her husband. Police contacted her after she reached out to her sister on facebook. Ortiz told them she was abducted ten years ago at a santa ana park by her mothers livein boyfriend. He sedated her at 15 and forged fakey dentati documents for them both. For ten years, he sexually assaulted her, beat her, and forced her to illegally marry him and bear his child. He convinced her, her family didnt care. But neighbors saw a couple in love. He bought her a car. She had her and just out of the blue, get aheld of her family and be in danger . Reporter in los angeles, stacy butler, kpix5. This story has an eerie parallel to the jaycee dugard story. She was kidnapped as a child and held captive 18 years. This is what the house looks like now. The new owners bought it for 41,000. As you can see, they put a lot of work into it. It is now worst about 230,000. A Bay Area State Senate race has become a mud slinging contest between two democrats. This is only the primary. And tonight, for the first time, we see mary hiashi shoplifting a bunch of clothing from an expensive store. Reporter this is mary hiashi while she was an assemblywoman. At this point, security cameras had already locked in on her. She goes into a dressing room. But look. She already has a bag in her hand. She also had company. A Security Guard had tailed her. Hiashi then goes to a Cash Register and appears to pay for some of the clothing. But once she leaves the store, Security Guards stop her and take her back inside. She pleaded no contest to shoplifting charges and salinas judge sentenced her to probation. But when she spoke to the San Francisco chronicle earlier this month, hiashi was defiant. No, i did not shoplift 2,500 of goods. I offered to pay for them immediately. Reporter but her explanation doesnt end there. You have to draw your own conclusion about what happened. Reporter the shoplifting video was put together and posted online by her opponent, bob wikowski. They are both democrats which is why our political analysts say he is going all in by launches this kind of attack. These are big guns you would roll out before a general election if you were confident this was who your opponent was going to be. They are getting all the spotlight, but another, a republican is also in the race. A man was unloading some sheet rock at capital avenue. He fell three stories and died at the scene. Cal osha is investigating. A man is in Critical Condition after a train hit him. The man was on the platform when he decided to cross the street. Right in front of the train. Tonight, president obama is sending drones to look for all those nigerian schoolgirls who were kidnapped. These global hawk drones fly at 60,000 feet and cover as much as 40,000 square miles. Meanwhile, these predator drones fly much lower, about 20,000 feet and they can zero in on specific targets. Tonight, we learned a high tech tool that police use to pinpoint gunfire can be used to listen to conversations people are having on the street. Christin ayers has obtained one recording that put a killer by hind bars. Reporter first the gunfire. Then the final words of a dying man. Why did you do me like that . Right before he was fatally executed, he yelled out, the suspects nickname. We were able to get the suspect identified through that nickname. Reporter it is how this shooter arlinton johnson was identified that is making waves four years later. The voice was recorded with this, a shot spotter device for detecting gunfire. The only way it can record your voice is if you are standing directly underneath the shot spotter talking loudly in the critical seconds after a gun has been fired. But privacy advocates say that is not the point. We have been told by opd for months that it was not record audio. It records our voices. Reporter brian hoffer claims Oakland Police have never publicly confirmed shot spotters ability to record voices until this Public Safety meeting last week. We can capture voices. Why wasnt opd clear about using shot spotter to record voices . I dont believe we werent unclear. I believe that at all the public hearings i have seen when asked about the technology, we were forthright. Reporter but hoffer fears there is a culture of secrecy. They have a cell phone tapping device called sting ray. Bring this stuff out into the open. We know technology is amazing and Getting Better and better. Let us have some imput into debating whether it is appropriate. Reporter now important that the shot spotter is not continually recording. It is only activated when three of them in the area pick up on a burst of unfire. There has been no misuse of it. In the news room, christin ayers, kpix5. Tonight a big question, whether one of the 49ers star players is going to have to go to prison. Betty yu tells us what alden smith did today hoping he doesnt have to go. Betty . Reporter well ken, the 49ers report for Training Camp in july. The big question is whether or not alden smith will be with the team. Today, he pleaded no contest to three counts of felony weapons charges and two miskey minor charges. The da says there was no plea deal, but alden is hoping for leniency. Are you prepared to change your plea to no contest to be charged . Yes your honor. Reporter it can work in his favor changing his plea from not guilty to no contest. It is important that smith stood up and took responsibility. Reporter aldens legal troubles are tied to a house party he threw in 2012. Police found three illegal assault rifles at his san jose home. During ha party, he fired a handgun in the air and was stabbed two other people were shot. Last year, alden smashed his truck into a tree of the police said his blood alcohol level was twice the legal limit. Tonight, the 24yearold is dealing with another mess. He was arrested at lax after he had a bomb at a security screening last month. No charges have been filed in that case. The niners released a statement that said today was an important step in reaching a resolution. He could very well get no jail time or up to four years in prison. He will find out at his sentencing hearing on july 25. Keep in mind, he could still get suspended by the team or the nfl. Live outside levi stadium, betty yu, kpix5. Tonight, we are hearing more from the woman at the center of the Donald Sterling scandal. V. Stiviano talked to mr. Phil and entertainment tonight. She is not exactly sticking to her story. Reporter both interviews were conducted before the la times reported nba documents suggested sterling may have asked stiviano to lie. There were no restrictions and she had a team of three lawyers with her. Reporter but entertainment tonights Brooke Anderson said stiviano didnt like being asked if she gained financially for the leaking of the tapes. I dont know. I dont know exactly the details of that. So you got no cut. From you kidding me brooke . This question also appeared to rub her the wrong way. I want to make sure we are not having a bill clinton moment here. You say you have never had sex with him, define sex. Any type of sexual contact. You define sex. Reporter she said she just worked for sterling, nothing more, but appeared to change her mind on another question. Did you enjoy the attention of the paparazzi following you around . Absolutely. Are you kidding me . Reporter when i asked her the same question, she said no. Stiviano insists she was never sterlings misstress. Tonight, ebay says it has been hacked. Hackers got into a data base that contained incrypted passwords and other nonfinancial data. Thats the good thing. That gave them access to names, passwords, and addresses. 145million people use ebay. So far, no fraudulent activity has been defected. And facebook lets you tag your favorite shows and movies in your status updates. A dead baby hump back whale washed up at pillar point and halfmoon bay. A viewer said at first she and her husband thought it was a rock. Then they smelled it. People pulled over to look including this boy scout and a group of girlsful it is not clear why the whale died. A San Francisco paddle boarder had a much less gruesome whale encounter and he had a camera with him. Mike lane and a friend were paddling in kellys cove when say saw a couple of gray whales. Tonight, the u. S. Government is on a mission to kill thousands of owls in northern california. The feds call it lethal removal. On the hoopa indian reservation on the oregon border, it is owl country. But not the kind that mike higley wants to see. They are tracking an Invasive Species from the east. The barred owl. At first, they were a novelty, but now they are a huge problem because they are taking over the nesting territory of the native spotted owl. A threatened species. Their numbers have dropped as much as 80 in the last 20 years and many scientists agree that the more aggressive barred owl is the culprit. So mark and his Research Team are taking drastic action. Using recorded calls, they have been luring the barred owls in to shoot them. You want to make sure when you call them in and remove them that you take a clean shot where you know you are going to have a clean kill. And not wound birds and have them suffer. Reporter it is mating season now, so the shooting is on hold, but this past winter, marks team gunned down 71 barred owls. Reporter it is all part of an experiment approved by the fish and wildlife. The plan is to kill 5,600 barred owls over the next four years in california, oregon, and washington. I thought it is ridiculous. Reporter Jennifer Barnes is with friends of animals. As soon as they stop the shooting ever m of the owls can come back. Reporter her group has filed a lawsuit to stop the killings claiming barred owls are protected under the Migratory Bird treaty act. But once you meet a spotted owl face to face, it is easy to understand the urge to protect them. We followed mark on a hike along with fish and wildlife biologist robin bound to one of the last remaining spotted owl nests on the reservation. All it took was a mouse to watch dad show up. He watched us interview robin. If you lose spotted owls, you lose a piece of the forest. Reporter she says to save them, lethal removal of their aggressive cousin is the only option. We asked the states back east if they want some back, but they have no place to put them. Reporter mark admits it is not easy. It is awful. I mean. Im a biologist. The barred owl is a wonderful species. The only reason i am doing this is i feel it is an Invasive Species. Reporter so this fall, he plans to kill one bird to save another. There are signs it is working. A lumber company in humboldt county has been killing barred owls five years. The spotted owl population has increased more than 50 . Fascinating animals. Yes they are. It is interesting debate, though. As to whether or not that is appropriate. Got a little weather coming in huh . Yes. Perfect weather for the Holiday Weekend coming up. Got a threeday weekend for most of you and the weather will be changing. Today we began to transition back to more of a summer like pattern. We are seeing that again tonight. Fog, low cloud cover enveloping much of the san mateo peninsula. A time lapse here of the fog and low cloud cover rolling in this eveningful it will be a foggy start to your thursday tomorrow. Almost the Holiday Weekend. Friday eve tomorrow. Vallejo, 54, concord, 56. Waking up to 55 in mountain view. Low pressure close enough to give widespread thunderstorms to the sierra. Some of the storms made it all the way back to sacramento. But that low continues to inch itself away from us. What we will get in its wake is another foggy morning tomorrow. High pressure on its way taking its time to get here. A little built milder tomorrow. A few more degrees friday. By the weekend, saturday, sunday, or monday, you pick the day, each one will be very similar. Each one will be excellent to get outside if you have any outdoor plans. I know most of us do. Foggy once again tonight. Anywhere near the water. That is you oakland, that is you fremont. That is you San Francisco. A little warmer coming up thursday. By the weekend, we are well above average. We will make tout the 80s in concord. Sunnyvale, 76. Hayward, 70. Pittsburgh, a beautiful day. 83 sunshine, concord, 81, alameda, 69. Novato, 76. Sonoma, 80. Clovedale, 88 degrees. A nice spring day tomorrow. By saturday, some spots will hit 90. We will stay near the water just about perfect. Mid 70s , afternoon sunshine. A beautiful Holiday Weekend. The sierra looks good. Anything outside. Love it. You cant go wrong. In is a good place to visit for memorial day. Thanks paul. Coming up, the secret to a perfect pair of jeans. ,, female narrator through memorial day female narrator through memorial day at sleep train, get 36 months interestfree financing plus big savings of up to 400 on beautyrest and posturpedic. Even get three years interestfree financing on Serta Icomfort and tempurpedic, plus free sameday delivery, setup, and removal of your old set. When brands compete, you save. But this special financing offer ends memorial day at sleep train. Sleep train your ticket to a better nights sleep yeah. I heard about progressives name your price tool . I guess you can tell them how much you want to pay and it gives you a range of options to choose from. Huh . Im looking at it right now. Oh, yeah . Yeah. Whats the. Guest room situation . The name your price tool, making the world a little more progressive. At a green conference in southern califor the white house is taking Water Conservation to a whole new level. We have yet to see a washing machine. I know that sounds totally disgusting. I have yet to get a skin disease or anything else. It works. How often should you wash your blue jeans . Chip burg announced his company will release new jeans that use 96 less water in production. I just washed my gym shirt for the first time in six months. Oh man how does a Major League Baseball team win with just one hit . And speaking of hits, the giants pitching staff took two of them tonight. Of them tonight. We will show inside each of us is a little bit of minion. Of them tonight. We will show the part of us that wants to play, wants to be mischievous, wants to run free, all you have to do is let it out. Find your inner minion only at the despicable me minion mayhem ride at Universal Studios hollywood. [ car alarm chirps ] just like you, i love everything the golden state of california has to offer. So i stay golden by managing my energy use. Energy upgrade california taught me how. Learn to manage your energy at energyupgradeca. Org another to lose t