Shooting that has a marin man facing attempted manslaughter charge. Ken bastida tells us the calls were made immediately after the shooting last july. They played them in court today. The man who called for help is a 71yearold physician from corda midera. Today dr. James simon showed up for his preliminary hearing in marin superior court. He was surrounded by dozens of supporters who came from all around the bay area. Last july dr. Simon was involved in a road rage incident with a 69yearold retired mortgage broker. Police say both these guys were driving recklessly. The broker followed simon home then tried to follow the doctor in to his garage. Simon got his 357 handgun says he was scared, fired a warning shot and then shot the man twice. Take a deep breath for me. Calm down. Help is on the way. Did he shoot again after he fired the one shot . Yes. Did you shoot at that person . Yes i did. It was a warning shot. I did. Did you make contact . Im sorry i shot the man. Okay. Do you know where you shot him . I shot him in the chest. All right. Do you know if he was still breathing when you last saw him . He was breathing. Si mon is charged with attempted voluntarily manslaughter along with assault with a firearm. Hes pleaded not guilty saying it was a case of selfdefense. That preliminary hearing continues tomorrow. The preliminary hearing determines whether dr. Simon will stand trial. A chase ends with a multivehicle crash on the oakland side of the caldecot tunnel. One suspect was arrested another ran off. San Francisco Police will hold a town hall meeting tomorrow night after fatally shooting a man outside mission station. Police say the suspect was in an area that was off limits to the public yesterday. The sergeants told him to leave but he refused. Thats when police say he pulled a weapon out of his waistband and was shot to death. The weapon turned out to be an airsoft gun. Earlier in the day the same man approached other officers to ask what kinds of weapons they carry. Hes dubbed the goldy lox intruder. Palo alto police have a suspect in custody after two bizarre breakins. The first one happened last tuesday on middle field road. The second a day later on everett avenue. Len ramirez tells us its where the intruder was found that earned him his goldilocks name. Most burglars want to get in and get out but apparently this one broke in, set some things aside to steal and then took a nap. Reporter its not unusual that a burglar would break in to homes in palo alto. What is weird is what he did after. A man house sitting came home and found someone sleeping inside a bed inside the house. Reporter that was at middle field Near University on december 30th. Police say the burglar had gathered items to steal but walked away empty handed. The burglar apparently went in to hiding in a backyard play house where he avoided the manhunt and spent the night. A neighbor on everett avenue spotted him in the blanket in his backyard the next morning. One of the homeowners went out and called out to him and was able to get the blankets back to him while he took off. Reporter the suspect now known as the goldilocks burglar was arrested by police a short time later. One woman saw the man trying to get in to her garage earlier that day. He actually tried to come in to my house but i was home so he left. Of course i didnt think too much about it. But yes, of course its not pleasant as all. That suspect has been identified as Jason Anthony hines, 26 years old from san pablo. Hes booked under suspicion of prowling and being under the influence of narcotics. Police are investigating him for burglary but those charges have not yet been filed. Len ramirez, kpix 5. Police say the house sitter who discovered the burglar had a fiveminute conversation with him before the intruder fled on foot. Then the house sitter called police. Dozens of people in san jose have been without hot water for nearly a week. Last tuesday high winds knocked over a large tree ripping up gas and water lines, cutting off service to the manclair apartments. Pg e are lighting pilot lights for people but not able to do that for people who are not home. Theres a freshly dug trench. Residents are already fed up. Its been tough. My son mom, i want to take a shower. Theres no hot water. I feel like a bad mom. In this weather thats cold. The gas cant officially be turned on until the city inspects the work. Residents dont want to pay full rent given their situation but apparently the landlord isnt budging. Governor jerry brown was sworn in for a record fourth term. I jerry brown do solemnly swear that i will support and defend. Brown combined his inauguration address with his state of the state speech. The governor promised to keep a tight rein on spending and got big applause when he said hell ask state workers to pay a larger share of rising Retiree Health costs. I intend to ask our state employees to start funding of our Retiree Health obligations. Over the next four years and beyond we must dedicate ourselves making what weve done work to see that the massive changes in education healthcare and Public Safety are actually carried out and endured. The governor also proposed sweeping changes to address Climate Change in the next 15 years. Brown wants the state to increase renewable electricity sources from a third to 50 and cut Petroleum Use in cars by half. And a major takeover in oakland today where libbey shaf is about to be sworn in as the citys 50th mayor. Shes facing tough challenges including cutting crime and growing the local economy. The inauguration ceremony is happening right now at the paramount theater. Well hear from mayor schaaf at 6 00. How two men are trying to tackle the near impossible on the toughest cliff. He was the first person to find a 7yearold plane crash survivor. Her courageous trek a mile through the woods to find help. Over the past week weve had extreme wind. Weve had extreme cold. Now get ready for extreme heat. Find out where in the bay area well be in the 70s as soon as tomorrow. Was the sole survival of a plane crash in kentucky. Police are hoping new details tonight on that brave 7yearold girl who was the sole survivor of a plane crash in kentucky. Police are hoping little sailor gutzler can help them understand why that plane went down on friday. The crash killed sailors parents her 9yearold sister and her cousin. Amazingly sailor pulled herself from the wreckage and trekked nearly a mile through the woods in freezing temperatures. She ended up on Larry Wilkins front porch. I see a bloody little girl with tears in her eyes, her lips trembling. Sailor had a broken wrist and wilkins went with her to the hospital. When asked what the girl said during the ambulance ride wilkins teared up. I cant talk about that. She wanted me to go with her because she didnt know anybody else. The ntsb plans to interview sailor in its investigation in to the crash. Jury selection has begun in the boston bombing suspect dzhokhar tsarnaev. He could face the Death Penalty if convicted in the 2013 bombings that killed three people and injured more than 260. The defense has suggested it plans to show tsarnaev was under the psychological control of his older brother. That older brother was killed in a shootout with police. The jury Selection Process is expected to take weeks. Falling oil prices triggered a selloff on wall street today. Investigators were spooked as oil prices dropped below 50 a barrel. First time in more than five years theyve been that low. The dow is down 331 today. The nasdaq lost more than 74. The s p 500 was off more than 37 and a half. Kcbs financial analyst jason brooks says the price of oil isnt the only thing that has investors worried. Also there are concerns over greece potentially leaving the euro zone. Greece has been a problem for europe for several years now. Its impact on the euro zone if it exits could have reverberations around the globe. That led to todays selloff. The euro sank to a nineyear low. Sheer nerve. Two thrill seekers tackle what no one has done before. The risky attempt to climb in to the record books. A washout in washington. The damage to a home straight in the path of that powerful mud slide. Capitan. Which has certainl before, but it right now two californians are halfway to history climbing Yosemites El Capitan which has done before but its the way these two are doing it which would be a first. Reporter its not that no man has gone before, its that no man has gone before this way. No one has climbed this section of rock on this wall with only their fingers and arms as their tools. Reporter Tommy Caldwell and Kevin Jergensen of santa rosa are more than halfway up the dawn wall. The vertical sheer face of granite on yosemites 3,000foot el capitan and theyre free climbing, hands and feet only, no ropes except to hold deer and catch them if they fall. We asked him to give us some idea of what caldwell and jergeson are going through. Nine days so far of climbing, sleeping, and Everything Else on the dawn wall and a bit more than halfway up. Thats nine, ten days of pulling on your fingers. People havent been climbing on this wall so the holds are sharp. Their fingers are probably raw. Theyre probably taped up. Every finger is taped up and its cold. Its just incredible. Reporter for years Tommy Caldwell has been trying, practicing and preparing for this history making run of californias most famous rock. And nick meyer says if the men make it, the accomplishment just further elevates a man who he believes deserves it tommy is one of my idols. As he should be and is probably to most climbers and most big wall climbers. Hes it. Hes the guy so to achieve Something Like this in my lifetime, thats awesome. How crazy is it . Theres one part of the climb. Those two men actually had to let go of the cliff and then jump about 10 feet to the next hand hold. They made it. The rest of the climb could take a week to six weeks or as caldwell says, not at all. Two up and coming athletes with the u. S. Ski team were killed today in an avalanche in austria. 19yearold bryce astal and Ronnie Berlack were free skiing when the avalanche struck. Last year astal was at the u. S. Championships in squaw valley. The Indonesian Navy thinks it may have found the tale of the air asia flight that crashed in to the java sea eight days ago. The planes black boxerize boxerize boxes are located in that section. Sonar has found large pieces on the ocean floor but strong currents are keeping search and rescue teams from getting closer. So far 35 bodies have been recovered but 125 are still missing. Meantime investigators have suspend ed airport officials who allowed the flight to take off without proper permits. The flu is hitting the u. S. In full force. So far california is one of the states where the illness has not hit its peak. The cdc says almost all states are now seeing widespread flu activity. Most of the cases are from a virus that is not matched to the vaccine. So even if you got the shot youre still at risk for getting the virus. The flu outbreak officially reached epidemic level. It could peak by midjanuary. A la jolla womans brand new Jeep Cherokee burst in to flames just a day after she bought it. She said she had only driven the suv twice. She had just come back from an errand when smoke started pouring out. Cell phone video captured the tense moments when the tires exploded and the windows shattered. I was actually very afraid for my life and my familys life because were standing in the window looking down and the flames are coming toward us. Her dad and brother grabbed a garden hose and tried to put out the flames but the fire was too strong. Now all thats left is a shell and some melted belongings like her sneakers. Luckily shes covered by insurance. The car dealer was pretty speechless. He came over and gave margereta a loaner car. A mud slide coming down in hoquiam, washington. It was powerful enough to knock a home off its foundation. At least two others in evacuation zones have been damaged by mudslides. The area has been hit by heavy rain for several days. Paul you know that area well. Western washington coastline, one of the wettest spots in the country. If theyre having problems you know a ton of rainfall came down. No kidding. But not us. Where did our rain go . Mother nature left. Weve gone from everything it was one of the wettest decembers ever to now looking at the first 10 or more days of january without a drop of rainfall. But theres a change coming tomorrow. Its a change that will get us in to the 70s. San jose, youre at 57. Santa rosa, 54. San bruno, 54. Oakland the warm spot at 62. San francisco 59 degrees. Our radar is dry and will be for the foreseeable future. Overnight lows, still chilly. 39 in santa rosa, concord livermore. Not the freeze, not the frost weve seen. Fremont down to 43 in san rafael. The air quality will be worse in the east bay and santa clara valley. Another hazy day. Lets talk about that rainfall up to the north. Our ridge of High Pressure keeping us dry here is the same catalyst for the rainfall up there. The big storm hit the wall of High Pressure, went up and over, and it has been pouring for about three or four Straight Days in the pacific northwest. Well not see a drop from that because the ridge is not going to move. If anything well get warmer. Overnight lows will get chilly but afternoons mild. Well stay hazy. Ridge does finally move thursday and friday. If it doesnt move far enough to allow the rainfall to make it down here. The next storm will shove the ridge down but the rainfall will not make it to the bay area. Well see an increase in cloud cover. A little bit of a decrease in temperature but well stay rainfree for at least the next week. Tomorrow and wednesday and thursday well be near record highs in the south bay. San jose, you may hit 73 degrees this week. Cooler and cloudier for all of us starting friday as the storm passes by to the north. Rainfall we need more. Were not going to get more. Not a drop for the next week. San jose, 73 tomorrow. That is 13 degrees above average. Markedly cooler in other spots like san mateo, 64. Hayward, 68 degrees. Walnut creek, 64. San francisco tomorrow 61 degrees with filtered sunshine. Santa rosa 65. Clear lake, 63 degrees. So 70s in the south bay otherwise mid to upper 60s. That stays with us through thursday. The change youll notice on friday is cooler weather but not really cold not like we had last week and the wind is nowhere to be seen. Weekend, dry. Next week well also start off dry. Its amazing that we can go from so much rainfall to basically now were begging for rain again. Its a familiar pattern. I remember this happening before. Couple years ago. Wet in november and december and lets hope we dont see a repeat of that all winter. Lets take you to a live look at the Golden Gate Bridge because the countdown to the shutdown is on. The bridge going to close to traffic midnight friday. Theyre installing that movable median barrier. How long have we been waiting for that . The bridge not going to reopen until 4 a. M. On monday but you can go to kpix. Com bridge. Weve got the complete details on the closure links to transportation alternatives. Incidentally construction on the bridge actually started on this date in 1933. It opened to cars about 1600 days later. A refund runaway. Consumer watch goes the extra mile when a bay area marathon is suddenly canceled. The tips to speed up getting your money back. Cancellation of a muchanticipated halfmarathon. As c some runners here in the bay area say theyre getting the runaway after the cancellation of a much anticipated half marathon. As julie watts explains, they say the race organizer has been too slow to cough up refunds. Reporter Lindsey Castro is running out of patience. She paid more than 100 to participate in the santa clara half marathon. Average price of the 14mile run. Youve got to run around the stadium then you ended going in to the field and the finish line was in that area. Reporter but the event was abruptly canceled in september quote, due to a number of circumstances according to this email. Although city officials now confirm organizers never got the proper permit. And castro is not the only runner complaining of a run around. Some who have taken to social media say theyve made repeated attempts to contact the race organizer, yet six months after paying to participate theyre still waiting for their refund and federal law only allows consumers to be able to dispute charges for at least 60 days after the charge first appears on their credit card. The race wasnt canceled for nearly 90 days. It happens all the time. Reporter kevin wong says runners who paid by credit card in california are in luck. California civil code allows for certain credit card disputes for up to a year but there are special circumstances. It has to be for a merchant in your home state. Also you can only claim against what you havent paid off in your credit card bill already. Reporter you also must dispute the charge in writing with both the company and your bank. If all else fails you can also take the company to small claims court. A step castro is hoping she wont have to take. Superhero events declined an interview but says it is issuing refunds, though some are taking longer to process than others. It has expedited refunds for consumers who contacted us. Lindsey received hers just before christmas. If youre still waiting for a refund, give us a call. Scott pelley is in new york. Great to be with you in the bay area. That was a serious slide in the stock market today. Well have a look at whats coming next in the economy. Plus were going to introduce you to the Police Officer who helped save a young girl who was the soul survivor of a plane crash that killed four members of her family. Well have those stories and the rest of the world news tonight on the western edition of the cbs evening news at 5 30 right after kpix 5 news. Turn around every now and then i get a little bit hungry and theres nothing really good around turn around every now and then i get a little bit tired of living off the taste of the air turn around, barry finally, i have a manly chocolatey snack and fiber so my wife wont give me any more flack i finally found the right snack cant say thank you enough. You have made my life special by being apar