american student was only 17 last august when these incidents first started happening. and because he was a minor when it first started, he hasn't been named by police. we understand though that he is still enrolled here at san jose state. as for the three other students, ken, they have up until 45 days before they will be arraigned in court because these are misdemeanor charges. they have not been arrested as of about two hours ago. they will be self surrendering to authorities in the near future. >> these are young college students, len, you know, they should have come under the scrutiny of the ra in that dorm. what was the resident advisor doing? should that person have known what was going on? >> reporter: well, ken, we have heard from other students that the resident advisors did know. in fact, students tell us that this flag was visible to people walking in from the hallway in the outside. they apparently did not report this to any higher authorities. they simply told the students to take that flag down and left it at that. >> there may have been more than one mistake made there. len ramirez in san jose, thank you. the bart board today approved most but not all of that new contract with its unions. they are attempting to dodge a generous family leave section they don't want to pay for. our da lin is live in oakland with how the tactic is going over with the unions. da. >> reporter: well, liz, after six months of negotiations and two strikes, there is still no contract. what's worse, those two unions are even more worked up and fired up after the vote that was given by the board today. instead of voting on the contract, the unions had ratified -- >> i will support it. >> reporter: the bart board of directors voted to accept a contract that leaves out the paid family leave provisions. >> this is a fair and equitable contract for our employees in my opinion. it's affordable and sustainable for our riders. >> reporter: the unions are furious calling it unfair labor practice because bart management previously signed off on the tentative agreement that includes six weeks of paid leave for union workers. bart management says it's a mistake. the provision never should have been in the contract. now that the bart board has voted to strip the paid family leave clause, it's up to the unions to make the next move. >> we're frankly stunned. we think the board has taken an action that is not legally defensible. >> reporter: they can ratify the contract without the family leave provision. renegotiate a new contract. take legal actions against bart. or strike. when asked, the unions did not want to talk about another strike. >> two strikes that took place had nothing to do with the union other than that we were forced into them. and this was like another situation yet again where the district is doing the pushing. >> reporter: the unions are meeting with their members and legal team for the next two days to decide what to do. what this all means is a lot of uncertainty for bart riders. >> i hope they don't strike because it's going to impact a lot of people's lives. >> very tired, you know, it's upsetting with all of us. i'm pretty sure i can speak with a lot of people. it's heartbreaking. it is. >> reporter: the unions say they may announce what they plan to do tomorrow and if that is the case, we'll be sure to update you. live in oakland, i'm da lin, kpix 5. >> the bart directors say taking out the paid family leave provision doesn't mean workers don't have family leave. it just means workers would have to first use up their vacation and sick days first. new at 5:00 a silicon valley jury says samsung electronics will have to pay apple a hefty price for copying certain technologies. apple will get $290 million to be exact. a jury decided samsung copied vital iphone and ipad features in several of their devices. we talked with one of the jurors in the case. he said their decision had bigger implications. >> these were about patents that they had been infringed upon and that's serious in this particular business that's serious. and so we believe that there was a message about it. >> apple and samsung were in court last year over the same issue. that court determined patents were violated. this jury was in charge of determining the extent of those damages. samsung is expected to appeal the verdict. now that the bay area has dried out, the new weather story is the gusty winds. meteorologist brian hackney has more on the wind advisories tonight. >> yeah. you know, right now, we're about oh, 10 minutes past sunset so i'm going to give you a fairly dark picture from mount vaca but the camera is really shaking around. gusts are up to 38 miles an hour. we are expecting strong winds tonight. it will dry out and warm up and the next chance of rain is midweek. there are wind advisories posted throughout the bay area especially affecting the peaks, north and east bay hills and along the coast winds gusting from 30 to 45 miles an hour. and with the recent rains there's the potential for downed power lines and downed tree limbs. and yet there are oases in this particular windstorm. if we go up to mount tam the winds are only gusting up to 7 miles an hour at the moment. but that's where the mobile weather is right now. later tonight though, those winds will be picking up and the latest winds from there show gusts from just three to seven miles an hour. around parts of the other -- in fact, right in downtown san francisco, we have gusts to 22 miles an hour. where this is really going to be a factor the higher up you go, the stronger the winds are going to be and that's nowhere more apparent than up in the sierra. cambi brown is there where wind gusts are expected to be as high as 80 miles an hour tonight. >> reporter: conditions right now at donner summit not terrible. in fact, take a look. we're looking at 19.6 degrees, although with the wind chill, it is feeling a lot colder than that. taking a look at wind speed, we're looking at 1.8 miles per hour, 2.4. it's jumping rather quickly. in the last 10 minutes, 20.2 miles per hour and the one hour peak is 23.7 miles per hour. so really not terrible. we have just seen the gusts in the 20s for the past couple of hours or so although they are expecting the wind gusts to pick up later on into the evening. we spoke to one tow truck driver who was expecting to be very busy tonight. for kpix 5, i'm cambi brown. >> so at the moment, the wind gusts are fairly mild at the peaks but don't be lulled into a false sense of security. they are going to pick up tonight. we'll have the entire weather forecast coming up. >> thank you. vallejo police are looking for a group of suspects that robbed eight people in less than 4 hours. police say the first robbery was reported at around 5:30 yesterday afternoon. the last happened at 9:15. the suspects targeted people and businesses in vallejo. victims told police two or three men wearing hoodies point guns and demanded money. >> because of the frequency of how these robberies took place last night, i believe that these individuals were just determined to go out and victimize as many people as they could during a period of time where they felt that they had the opportunity to do so. >> no one has been arrested yet. three women found living as slaves. >> we have never seen anything of this magnitude before. >> the decades of abuse inside a london home and how a tv documentary led to their rescue. >> the pilots got lost and ended up stuck the wrong airport. the tricky operation to get this jumbo jet off a tiny runway. >> and a field of cow manure near a bay area reservoir. the innovative new strategy to keep our drinking water clean. ,, ,,,,,, alto man trapped in north k. merrill newman w an innational everett is under way to bring home an 85- year-old palo alto man detained in north korea. merrill newman was pulled off a plane headed back to the u.s. three weeks ago. north korea has not acknowledged it's holding the palo alto man. the state department isn't confirming he was detained. his son says the day before the flight his fare met with north korean officials and had a tough negotiation about his army service in the korean war. >> we haven't heard anything. we have worked through the state department from the day that he was supposed to depart. we have heard nothing. >> the u.s. does not have diplomatic relations with north korea. so newman's family has been working with state department officials and the swedish embassy in an effort to get him released. police say it was a nightmare that lasted at least 30 years. three women now free after being held captive in a london home. officers arrested a man and a woman both 67 years old as part of an investigation into slavery and domestic servitude. one of the alleged victims told a charity that she was being held against her will after seeing a tv documentary about forced marriages. that charity then alerted police. >> we have seen some cases where people have been held for up to 10 years, but we have never seen anything of this magnitude before. >> the victims are safe and working with severe trauma experts as the investigation continues. call it a jumbo oops. a giant cargo plane finally reached its destination after landing at the wrong airport. >> all right, guys. you can see the plane is not there. it didn't take very long. >> a big sigh of relief as the boeing 747 dreamliner successfully took off today on a runway much shorter than recommended for that type of plane. it was supposed to land last night at mcconnell air force base in wichita, kansas. but somehow, the pilots ended up at a smaller airport 8 miles away. well, you can tell how confused they were from the air traffic control tapes. >> do you know which airport you're at? >> we think we have a pretty good -- >> roger. it appears [ indiscernible ] engineers calculated that >> the truck was brought in to turn the the plane around 180 degrees since it wasn't full of fuel engineers calculated that it would be light enough for take-off. california defies the president's changes to obamacare. >> insurers can extend current plans that would otherwise be canceled into 2014. >> what the surprise decision means for your health plan. >> and this computer game has nothing on these angry birds. the foul play forcing postal workers to carry weapons. ,, ,,,, announcer: right now at sleep train, announcer: save hundreds on beautyrest and posturepedic. choose $300 in free gifts with tempur-pedic. even choose 48 months interest-free financing on the new tempur-choice. the triple choice sale ends soon at sleep train. don't comply with the affore care act. on a major blow to californians who hope to keep health insurance policies that don't comply with the affordable care act. on our consumerwatch, julie watts on the state's surprise rejection of president obama's plan. >> if you like your doctor, you can keep your doctor. >> reporter: first he promised they could keep them. >> if you like your healthcare plan, you can keep your healthcare plan. >> reporter: then people getting cancellation notices in the mail because their policies didn't meet the new requirements of the affordable care act. >> so there was quite a bit of stick ever shock for us. >> reporter: so the president, facing pressure from his own party, decided to amend the affordable care act so to speak. >> but the bottom line is insurers "can" extend current plans that would otherwise be canceled into 2014. >> reporter: the key term, can extend. california insurers don't want to so today the head of "covered california" said they are not going to. >> the only thing we could have done is to delay a problem, to delay a problem in the middle of open enrollment that's actually working really well. >> reporter: peter li the head of the state's health insurance marketplace said it won't allow policies that don't fit the requirements of the affordable care act to be continued for another year. in spite of the president's about face. he say it would create confusion and not benefit consumers. eight other states have made the same move and lee says in spite of the controversy california enrollment numbers are good. that still leaves people like cathy with a case of insurance whiplash forced to sign up for new policies with significantly higher premiums based on a promise that wasn't the president's to keep. >> people who have plans that predate the affordable care act can keep those plans if they haven't changed. >> reporter: now, the state's insurance commissioner is condemning the move. meanwhile, it's back to square one for the 1.1 million californians who received those cancellation notices. "covered california," however, says it is going to extend the enrollment period and it says it will seek a national solution for those people who have seen the rates jump. >> interesting. no good news coming out of this right now. >> reporter: certainly not. really up. for those people many of whom have to pay more, really unfortunate. stayed senate democrats went nuclear making the biggest change to senate rules in decades. senate democrats voted to change the number of votes needed to break a filibuster from 60 to 51, a simple majority. the move strips the minority party's ability to block presidential nominees for everything except the supreme court. it's called the nuclear option for good reason. >> the vote today i think is an indication that a majority of senators believes as i believe that enough is enough. >> this was nothing more than a power grab in order to try to advance the obama administration's regulatory agenda and, you know, they just broke the senate rules in order to exercise the power grab. >> democrats changed the rule out of frustration over republicans who have been blocking president obama's nominees. the senate already used the new rules to advance the nomination of patricia to the d.c. court of appeals. janet yellen is one step closer to become the first woman to lead the federal reserve. a senate committee approved president obama's nomination today setting up for a full senate final vote. yellen is currently the fed's vice chair. new milestone for the dow industrial as it closed above 16,000 for the very first time. [ applause ] [ closing bell ] >> an improving job market pushed the stocks higher. a number of people applying for the first time for unemployment benefits dropped last week to the lowest level since september. the dow picked up 109 points. nasdaq gained 47. s&p 500 rose 14 points. tesla's elon musk is on top of "fortune" magazine's list the head of the electric car company named businessperson of the year. musk also heads spacex, which makes rockets and spacecraft. the fortune article compares musk's ingenuity to apple founder steve jobs. and here's a look at the rest of the top five. angela is going to join apple. reed hastings a ceo of netflix which is based out of los gatos. a new island formed near japan this week caught on tape. an under sea volcanic eruption raised the island right out of the water south of tokyo. watch it as it emerges under a big plume of ash and smoke, amazing. right now the island is about 650 feet in diameter. but scientists aren't sure if it's here to stay. >> isn't that amazing? >> drop a little condo there, have your own beach. >> hey, mine. >> i claim this rock. boy, it is windy tonight in parts of the bay area. it's going to get windier, too, as we look for gusts to approach 45 miles an hour in parts of the bay area. the kpix 5 mobile weather is high atop mount tam where we're recording wind gusts up to 10 miles per hour in the mobile weather lab. the higher you go tonight the stronger the winds will be across parts of much of the rest of the bay area as we pull back and show you the very safe blinking emergency lights. you can see that the top of the treetops are beginning to wave around all as a result of that storm system that's heading south. high pressure that's building over northern california. wind speeds right now in the south bay not too bad. wind speeds up to about, you know, 10 to 15 miles an hour out of the northwest. it's up in the north bay and in the east bay. the higher elevations, the best thing to do is pay attention to the hot colors because this is the swath of high winds that are happening right now. as you can see, the gusts are up to 29 at napa and 29 miles an hour at fairfield and as you look at the futurecast this is what's going to unwind overnight you can see the hot colors are mostly concentrated up in the north bay. it's not to say the south bay escapes completely but it will be windy the higher you go. the gusts could be up to 45 miles an hour. over downtown san jose tonight, 59 degrees there. 59 at santa rosa. we are mostly in the upper 50s. heading out about an hour and a half from now, the numbers will be in the mid-50s under clear skies. and clear skies is the story for the rest of the week. mostly sunny conditions expected in the bay area now through wednesday as the low pressure that was over the bay area yesterday heads into the southland triggering showers. we get building high pressure. and with the high building, we get winds tonight and then sunshine all the way through next tuesday or wednesday. so here's what's next. windy tonight, sunny weekend ahead, and it will be dry through midweek. next indication of the next tiny little hint of rain may be wednesday or thursday. stay tuned. heading out of the state tomorrow looks nice. mostly sunny from eureka to fresno. just 37 at yosemite overnight lows tonight in the upper 30s and low 40s. mid-50s out at livermore. and for the forecast highs, you know, mid-60s will do it for much of the bay area tomorrow. it will be a brisk day but plenty of sun around. skies will be as blue as a swimmer's lips in walnut creek, 66 degrees. in sausalito 62. the extended forecast we are going to go sunny and keep it that way through tuesday, wednesday we begin to pick up some clouds. and that will lead to a chance of, well, a chance of maybe on thursday. we'll see. in the meantime, plenty of sunshine and as they say, batten down the hatches. it's going to be a windy night in the bay area tonight. >> thank you. you may be familiar with the game angry birds. but it's no game for some postal workers down in new zealand. [ censored ] [ censored ] >> magpies known for attacking during nesting season but workers say it's been going on for a year. some actually have begun carrying weapons to fend off the aggressive birds. they even have spikes on their helmets as a deterrent when things run afowl. [ laughter ] >> reminds me of that movie the birds. >> yeah. >> coming right in. well, keeping nasty stuff out of our drinking water. the creative new solution to protect a bay area reservoir that involves mushrooms and manure. mushrooms are being used to protect the water supply at san pablo reservoir. ryan takeo shows us how it works. it's a groundbreaking approach to clean water. mushrooms with being used to protect the water supply at the san pablo reservoir. ryan takeo shows us how it works. >> reporter: before we show you this assembly line, we'll show what you this group is trying to protect, the san pablo reservoir. storm watered runoff flows into the reservoir when it rains. it flows from places like this cattle grazing field from the stream then to the reservoir. that's where the group bay area radical mikology. >> it's living filter or microfilter. >> reporter: it's putting a buffer so e. coli from cattle waste is not part of the runoff. >> since there is a lot of cow poop and e. coli goes with it, we are trying to keep that from getting into the stream. the enzymes will kill the e. coli. they won't kill every kind of microbe but it is effective on e. coli. >> reporter: the mushrooms are in this white block. volunteers break it up and then mix it with wood chips soaked in water. then it gets mixed together and put in a sack. the bag goes in between the pasture and the stream bed. >> the mushrooms grow on the straw and then the wood chips. and while they are consuming the fuel of the wood chip, they are also able to consume fecal e. coli. >> it might be a surprise to some people that we're not using more of a modern technology. >> reporter: this is the first time mushrooms have ever been used to protect water runoff. but these mushroom enthusiasts hope it will become a new natural answer. in orinda, take tack, kpix 5. >> east bay -- ryan takeo, kpix 5. >> east bay m.u.d. says it's not an issue in the reservoir but that it supports the pilot project. now for a look at what's ahead on the "cbs evening news." scott pelley is in new york. >> hi, ken and liz. great to be with you in the bay area. well, as you reported, wall street has smashed through a historic high. the question is, can the rally last? we'll tell you what is stampeding the bulls. plus in an incredible story three women have been freed after being held as slaves for 30 years. we'll have those stories for you on the "cbs evening news" at 5:30. ,,,,,,,,,,,,,,,,,, the feds say there was muche than meets the eye at some y area coffee shops. the results of a raid by law enforcement. new at 6 clocks the feds say there was much more than meets the eye at some bay area coffee shops. the results of a raid by law enforcement. and not normally friendly to the environment, how locomotives in the bay area are going green. thank you for watching. the "cbs evening news with scott pelley" is next. captions by: caption colorado comments@captioncolorado.com >> pelley: tonight, how far can the markets go? wall street makes history with a new high, but can the rally last? anthony mason on what is stampeding the bulls. >> this is a sad day. >> pelley: washington makes history with a new low. in a showdown democrats sweep away 100 years of tradition. republicans vow to make them pay. three women are freed after being held as slaves for 30 years. mark phillips is on the story. and bob schieffer finds the man who faced lee harvey oswald in the moment after oswald shot the president 50 years ago. >> he didn't appear stressed in any way. captioning sponsored by cbs this is the "cbs evening news" with scott pelley.

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