live from the cbs bay area studios. this is 5 news. >> there is rhetoric -- >> he was put on leave and now he is on a tirade. that he is at the santa clara our county main jail tonight. >> he describes an environment of fear in the jail. he is talking about fear they have of the administration and the punishment they may face for what they call false allegations. >> this harkens back to the salem witch trial in 1692. >> sources confirm to kpix that one of the officers on leave is lance c is. he is seen here in a video he posted as president of the correctional peace officers association. in the video he criticizes sheriff lori smith and her investigators for reopening dozens of past complaints and he urges officers not to be -- >> know your rights regarding personal property. if they don't have a warrant, don't freely give it. >> reporter: tonight he had no comment on why he was placed on leave to be learned it was because he may be linked to a new investigation into officers exchanging racist text. that brings the total to eight officers now on leave including three who are now charged in the beating death of a -- and in that -- inmate. >> yesterday the sheriff emphasized that the majority of her staff is law-abiding. they are thoroughly looking into about 100 complaints from before and after he died, even those who have -- that have been closed. >> what happened a few weeks ago was, i hope, and anomaly. we have highly motivated -- motivated and dedicated people. >> reporter: among the eight deputies on leave, one is out because of alleged abuse separate from the michael tyree case another has been removed from his job. betty yu kpix5 >> he shows no signs of acute injury. the cause of death is still unknown. a live look outside a downtown san francisco. the rain is not over just yet. some parts of the bay area will get more rain tonight. a wet drive against -- across the bridge earlier tonight. not a lot of rain but we will take what we can get. will it be another wet commute tomorrow? >> yes it looks wet tomorrow. you can call this round two. already some soaking rainfall north of santa cruz, gilroy, you receiving -- you are receiving moderate rain. in the peninsula, so the first bus to get rain. not much earlier, kensington 100th of an inch. a few trips in san jose but look at what the future casts is about overnight and tonight -- tomorrow morning. some of us tomorrow may have an extra two tensor 3/10 of an inch -- 2/10 of an inch or 3/10 of an inch and that may slow us down. more coming up in the 7-day forecast. >> thanks fall. would weather caused dozens of crashes today. the driver of this just to be spun out on redwood parkway and ended up going off the road. >> it was such a mess that csp oakland said we have lost count on how many crashes we have already responded to today. please slow down in the rain. the superintendent's job is on the line tonight. he was accused of losing it at a meeting, cursing and yelling. a lot of people started clapping as he learned his fate. >> let me be clear -- [ applause ] >> and with the crowds clear support, he will keep his job with schools. >> happy with the decision? >> yes very happy. >> but the school board member is not smiling. >> at tonight's meeting he told schoolkids and parents that he stands by his police report, claiming the superintendent cursed at him and chest bumped him during a closed door meeting two weeks ago but we caught up with him before tonight decision. >> he needs to go. we need to set an example for the safety of our students an employee of zero tolerance for violence. >> he wrote a letter to the board apologizing for his wing which. he never mention physical contact, but did say his behavior stemmed from a medical procedure he had that day. the preparation left with me -- left me with little sleep or food and i left the procedure medicated. some experts say that is no excuse. >> they are board members and do nothing about it accept an apology -- >> the superintendent spoke briefly tonight, assuring the room, he will serve them with diligence and dignity. >> he is a great person. he has made great change in the district and i respect him and i'm glad that he is keeping his job. >> he became superintendent just two years ago. many credit him for the improvements that have been made in the last few years, moving him from the very bottom of allen county schools. kpix5 >> oakland police are trying to solve for homicide that happened within 24 hour's. there is a growing memorial for an artist who was gunned down while he was painting a mural yesterday. his name was antonio ramos. his mother was so upset at the vigil that she collapsed. paramedics had to take her to the hospital. other artists promise to finish the painting and dedicate it to tony -- ontario antonio. >> he was just a bright light in the community. >> for killings in 24 hours? it said. it's really sad. >> some say he got into an argument with the shooter but it is long from over with the investigation. the mayor of oakland -- oakland said she will create a special cabinet to look at housing affordability. kriston heirs was there. >> reporter: solomon lost his home three months ago. >> we don't have a place to go permanently. >> he says he is lived here for 33 years but his landlord wanted him out so he could bring in someone who could pay the market rate. >> we need affordable housing here in oakland. 4 it's a story rebecca kaplan has heard countless times. their tenants losing their homes for reasons that are actually illegal. oakland is leading the nation in job growth but lagging in housing. the city has a plan called the housing equity roadmap. the plan would build more housing using money from developer fees and require new developers to contribute to affordable housing and make use of public lands on vacant lots but opponents say it does not do enough. >> it's following the same script san francisco followed -- that's probably not the right solution. they want to help transfer vacant lots to developers that can build affordable housing. it's a strategy that is mentioned in the plan. kaplan says she intends to take action but first she wants to take the -- help those facing homelessness. people like mustafa. >> we need to make sure existing tenants are not displaced. part -- >> reporter: kpix5 word is he is going to take on the role permanently. it would be dorsey's second go around as twitter ceo. he held the position from 2005 -- 2006-2008 when he was founded -- ousted by evan williams. and they have made history by hiring the first coach ever in major-league a spot. justine siegal is working as the -- in arizona for a couple of weeks. the a's say they might be bringing her on full-time. she has worked for the a's before, just not as a coach. this is a video from when she was in spring training back in 2011. she threw batting practice for the a's, as well as five other teams. a new scandal at the secret service tonight. how agents are accused of retaliating against a lawmaker who investigated them for alleged drug driving. -- drunk driving. and starting tomorrow the city will give you a break and it could save you a fortune. and this area boy was diagnosed with cerebral palsy. now look at him.,, rushing -- russian warplanes tonight, serious questions about their targets. the us says they have found eight targets. russia says they are going after isis but the us says that is not the case. instead they claim russia hit groups that are trying to oust the syrian leader bashar al- assad. president obama signed a spending bill that will prevent a government shutdown. the short-term bill gave congress 10 more weeks to draft a long-term budget plan. the white house issued a statement saying the americans deserve better than last-minute legislation. allegations that the secret service took part in a scheme to retaliate against a republican congressman. how they tried to in their is this guy. allen? >> it's quite a story. inspector daniels says not only is the conduct of dozens of agents wrong, it may be criminal. >> don't let anybody -->> congressman jason shift says -- agents allegedly drove drunk on white house grounds. a department of homeland security inspector general report says in retaliation some of the secret service sought to embarrass him by accessing his 2003 application to be an agent. his file was protected by the privacy act. according to the report assistant director at lowery wrote in an email some information that he might find embarrassing needs to get out. a day later it was leaked to the media. the report says at least 45 members of the secret service viewed his application. the inspector general concluded the conduct was simply wrong. >> i don't trust him. >> reporter: he says the disclosure reflects deeper problems at the agency. >> if they are doing this to me, who knows what else they are doing. it really is scary. >> reporter: he says he was just venting. he didn't want the information leaked. the director apologized and said he would take appropriate disciplinary action and if criminal, he would look for the atty. general. to get involved. tomorrow california drivers will get a break on outstanding traffic tickets. it is part of a statewide amnesty program. the governor says he hopes it will help eliminate what he calls the hellhole of desperation in traffic court. drivers will get discounts of up to 80% -- based on income -- but there is a catch that could have been paying the price down the road. >> you are still getting the point violations on the dmv record which means that for every point you are taking, you're still taking the insurance hike for as long as that to get remains on your record. >> more serious violations as well as parking in speeding issues are not eligible. tonight thousands of families are banking on potentially life-saving treatments for something often thrown away. cold blood. it has long been used to treat cancer and now doctors hope it could cure a number of others -- other life-threatening conditions. >> cord blood is a rich source of a particular kind of stem cells that rebuild blood in the immune system. >> at the cord blood registry more than 300,000 families have arranged to save those vital cells in case there baby or another family member needs a life-saving treatment. vice president of scientific and medical affairs heather brown says doctors have used the cells to treat dozens of diseases. >> cord blood has been used to treat over 80 conditions. they include cancer, blood disorders, genetic diseases, things like leukemia and sickle cell anemia. >> but what surprises many parents is that now they are being researched to treat many more conditions like acquired hearing loss, autism, pediatric stroke and cerebral palsy. >> nothing was wrong during my pregnancy. it was just an insurance policy so we decided randomly to bank our court but. -- cord blood. when he was a tall it -- toddler he struggled to hit development of milestones. >> once we got the diagnosis of cerebral palsy we were shocked. >> reporter: they were ready to try anything to help them learn to walk and talk. they flew to southern california for an infusion with his own cord blood stem cells. the doctor gave him no guarantees. >> she was very hesitant to say it is not going -- it is going to work. she said it won't hurt him but i can't promise you anything. >> and we saw amazing results. >> good job honey! >> within a couple weeks he was using words and laughing. he did learn to walk and is currently a fourth grader who swims and does karate. >> to this day researchers alike, we don't know. >> we were just to parents trying to do the best for our kids and we are not scientists are doctors. it is really up to them to do a trial and prove it. >> cord blood stem cell researcher andrea says there is a lot left to prove. >> we have some studies but they are in the very early research stage. >> he draws a difference between families who carry an inherited blood disorder and those who don't. >> for some parents, it makes more sense for them to put something down because they may have a reasonable chance of having an issue. if you took a random issue off the street -- person of the street, the idea gets a little bit questionable. >> the umbilical cord blood is donated to the public system -- it would be available to anyone who needs it. like the bone marrow donor network. and it's free. >> cber recommends, whatever you do, don't throw away your family -- cord blood. donated but don't throw it away. this will change the face of medicine and will see a number of chores -- cures. >> private thinking costs between 3200 -- and then between $100-$200 per year for storage. >> here is something you don't see everyday. turkeys crossing the road. this was in albany, which got a good soaking earlier today. the turkeys needed a bath. >> they did. got a little rainfall for the turkeys. today we all get to enjoy rain. did you enjoy the sense but -- sunset? look at that great time lapse. a gorgeous sunset but now another round of rainfall. look at kpix5 . san jose, foster city, san mateo, you were next. as is morgan hill. look at all the rain. the majority of it to our south and east but lifting north throughout the night. it may be a floppy drive tomorrow. big news is hurricane joaquin. now a major category 3 hurricane with sustained winds of 120 miles per hour. a big problem for the bahamas, likely a big drop for the east coast by this weekend. a land falling hurricane somewhere between north carolina between -- and new york city. this could be a major problem for a major city as soon as sunday and monday. the entire coast will deal with flooding. we will not see flooding. this low-pressure area attracted little further north than we originally thought. now it is in the path directly over us giving us tropical moisture and that means more rainfall for us tonight. it will move out by tomorrow when sunshine returns. it hangs out for two days. saturday dry and warm and a different low-pressure area rides over the bridge and sneaks into the bay area, cooler and cloutier. again coming up on sunday. are computer forecast model is in 2/10 of an inch of rain by tomorrow morning, perhaps a half-inch of rain of -- rainfall in san jose. don't focus on the individual numbers but rain moving in tonight and it could be steady at times. son is back friday and saturday -- the sun is back friday and saturday. oakland 71, san jose 76, napa tomorrow 76 degrees. warmer friday and saturday. sunday the cool weather moves back in and it will hang out for a while. we're talking a lot more about cooler and cloutier -- cloutier -- that is wonderful news. >> thanks paul. look at this. tonight fans lined up for one last cone. and coming up on the late show with stephen colbert, john oliver, ev,,,, my name is chris hughes and i am a certified arborist for pg&e. i oversee the patrolling of trees near power lines and roots near pipes and underground infrastructure. at pg&e wherever we work, we work hard to protect the environment. getting the job done safely so we can keep the lights on for everybody. because i live here i have a deeper connection to the community. and i want to see the community grow and thrive. every year we work with cities and schools to plant trees in our communities. the environment is there for my kids and future generations. together, we're building a better california. what can i make for you? how about our new flavor-packed italian hero? with three authentic italian deli meats; spiced capicola, a cracked- pepper-seasoned mortadella and spicy genoa salami. enjoy it while it's here! subway. eat fresh. a menlo park tradition shutting its doors tonight. >> there was a farewell party earlier. people of all ages came out to sing, dance and enjoy one last chocolate dipped ice cream cone at the shop on oaks grove avenue. the post itself is in front of the famous sign. the shop has been around for almost 70 years and that is a lot of memories. >> every plated growing up, we would come here. our moms would take us to get our chocolate chip -- chocolate dipped cones. our dads would be jealous. [ laughter ] >> i love to come here with our grandparents. >> little league games. >> the owner is packing up because it has gone too expensive to do business. he has kept ice cream prices low over the years at just two dollars. >> two box. i used to go to thrifty wallet. $0.10 for an ice cream cone. >> the 49ers get ready to face aaron rodgers. that means we get to test off -- dust off the highlights. ♪ great change comes from doing the right thing. like the radical idea that health isn't an industry. it's a cause. so we do things differently. we combine care and coverage. and believe prevention is the most powerful of cures. so forgive us for not going with the flow. we just think the flow should go with us. which makes us rebels with one cause. all of our legendary racing heritage. all of our pioneering four wheel drive experience. come together in one amazing new vehicle. this is the all-new gle coupe. a mercedes-benz suv with the heart and soul of a race car. ♪ ♪ the beautiful sound of customers making the most of their united flight. power, wi-fi, and streaming entertainment. that's... seize the journey friendly. ♪ the giants have an opportunity to make a run at the playoffs. the giants were eliminated by the giant -- dodgers. looking for his first big- league home run. [ laughter ]he did not miss that one. nearly -- look at the catch by the fan out there. giants lead 4-0. they got corey into the game, the league's first career shutout. that's pretty good. giants win 5-0. he made possibly the final start of his career. or maybe not. he struck out to angels in the third inning with the curveball. a couple runs in the third and fourth innings but knocked down a comeback to end the inning -- possibly his last pitch in the big leagues. they 18-7. the 49ers play the packers which means we go to the well with a classic soundbite from the 2005 draft. >> how disappointed are you that you will not be 49er? >>not as disappointed as the 49ers will be that they didn't draft me. >> they would take anything at this point. rogers has thrown 10 touchdowns and zero interceptions so far this year. he is almost out of control. >> the other day i said it is like watching michael jordan in his prime. these first three weeks we're witnessing something special. we probably ain't going to realize it until later, how good he was. but he is a special qb. >> a measure to keep people off their phones during games. he scared her with the fake spider. she probably did not look at her phone the rest of the game. this is something we should do with veronica, who was on her phone the entire time on commercial break. in my right? >>[ laughter ] i am always on social media. >> we will be right back. right here. ,,,, [announcer] right now at sleep train, get up to 48 months interest-free financing on tempur-pedic. save $300 on beautyrest and posturepedic. or choose $300 in free gifts with stearns & foster. the triple choice sale is on now at sleep train. [ laughter ]the late show with stephen colbert is up next. next. [ laughter ] captioning sponsored by cbs ( band playing "late show" theme ) >> stephen: whooo! ( cheers and applause ) whooo! whooo! >> stephen! stephen! stephen! stephen! stephen. >> stephen: thank you, everybody. welcome to "the late show. o( cheers and applause )