wheelchair hit from behind. what the driver was seen doing before taking off. nearly a half dozen schools on the chopping block. why one of the largest school districts in the bay area says the consolidation is necessary. good evening. i'm anette. he's a season ticketholder, but one bay area sports venue is telling hiwhatnot to wear. troubles. the t-shirt >> sharks fans who watch their team on tv got plenty of glimpses of the bench and season ticketholder wearing t- shirts, promoting his bail bonds company. >> this isn't about marketing. it's about our company showing our support for the sharks. our company is involved in over 200 charities, and each one of these events, we show our community spirit. >> but as of this game, the free tv exposure for the t- shirts is supposed to end. >> i received a letter from

the council of the sharks, said if i tried to go in there with my t-shirts, i will be rejected and have my tickets confiscated. >> that's $20,000 worth of season tickets from a guy that sells season tickets for the past ten years. for the past couple of seasons, stanley has been paying $70,000 to put his banners on the bench and penalty box. this year he canceled the ads. >> this came three days after we informed them that we were no longer going to be sponsoring the sharks for this season. >> the sharks in a statement handed out before the game say the purpose of the policy is to protect the investment of its corporate partners from an individual or group to get in. stanley insists it's a first amendment issue aimed at him because the place is full of other logos. >> i see google, nike, adidas,

if so, then you'll find out half the arena will not be full. they are keeping everybody out with logos. >> stanley wearing his t-shirt walked into the shark tank, showed his ticket, and made his way to his seat. >> stanley says he loves the sharks, but he will go to court if that's what it takes to wear his t-shirts to the games. in san jose, cbs5. >> now rain is in the forecast. meteorologist jim bernard is here with the details. jim. >> didn't take long, did it? after last week's warm temperatures and sunshine prevailing across the region, we take a turn back to the cool and wet. as we see a chance of showers creeping into the forecast for tomorrow, a cool and foggy night. chance of rain is on the way through tomorrow morning mainly in the north bay now as we take a lock at the future cast rain fall expectation. you see the rain creeping from the north to the south and dispating across the mid bay sections with generally less

than a quarter of an inch of rain appearing in the north bay. just across the central bay here by tomorrow afternoon as once again, it will be more clouds than rain for us, but nonetheless, it is an early start to our rain season right on cue here as fall officially started yesterday. >> all right, jim thank you very much. well, a sunnyvail mother of an 8 month old is in custody tonight accused of killing her baby. police were called to an apartment yesterday where they found the boy. a short time later, the mother was found nearby trying to jump from a 101 overpass. police say an autopsy will be needed to determine how the child died. there were no signs of trauma when they found him. neighbors say they heard nothing and no sign the mother was despondent. the d. a. will determine what, if any charges will be filed.

a lifelong richmond resident is dead tonight hit by a car from behind in his wheelchair. it happened along esmond avenue. the police search for the driver. >> kind of like a free spirit all over this town. >> jim cox is talking about his brother, dave, who was hit and killed last night as he wheeled himself in his wheelchair in richmond. >> it's all over with. >> there's a flower memorial at the intersection with 34th street today. that's where we found a witness. >> i saw his body on the ground where the wheelchair. >> she didn't want to appear on camera, but after the driver hit cox from behind, he took off. >> he tried to drive forward, the wheelchair was stuck, so he reversed the car and then turned. >> it could have been an

accident, but the fact that the person failed to stop after he hit the victim makes it a crime at this point. so if the felony hit-and-run. >> cox died at the hospital at age 52, a lifelong richmond resident. >> being in a wheelchair, he was still very energetic. to me, he really loved life. >> he spent his life in that chair. >> his nerves grew into a circle, didn't grow into his legs. >> jim cox lost his own leg a few years ago. since they lived in their childhood home together, dave had been coaching him along. >> he had all the criteria for running. just that crazy thing to happen. >> police are now looking for the vehicle, an older model black lexus with tinted windows. it probably also has front end damage from the crash. they are offering a $10,000 reward. >> i can't understand the guy

just driving off. i just don't understand that. >> in richmond, contraction cbs5. >> sending gamblers. it happened last night at the nugget in sparks, nevada, during the annual street vibrations motorcycle event. the shootout was the result of a fight between rival motorcycle gangs at a bar inside the casino. police say jeffrey was the hells angel member killed. two members of the motorcycle club of southern california were injured. >> whenever you have people that enter our city with bad intentions, bad things are going to happen. that's what happened here last night. >> the mayor of sparks declared a state of emergency and has canceled the rest of the street vibrations event in the city. he says there are fears of retaliation and a drive by shooting this morning outside

the hotel casino was apparently such an attack. the oakland unified school district released a list of schools they would like to close as the first step in the district's consolidation plan. the announcement comes on the same day the district celebrates the opening of the refurbished campus. it features a state of the art community health clinic. school officials say the goal to create more campuses like this one, a full service community school. >> we have 101 schools for 38,000 kids and that is really far out of alignment. so we have to be able to manage our resources better to serve our children better. >> officials say the decision on which schools will be closed depends on where schools are located. schools in neighborhoods with the fewest number of children using them will be the first to close. here's the list of schools on the chopping block. lakeview, marshall, maxwell park, and santa fe.

a surprise winner in the florida republican presidential candidate's straw poll. georgia businessman, herman cain came out on top beating the supposed front runner, texas governor, rick perry. drew on what cain's victory really means. >> his name is herman cain. he is running for president and he just won the florida gop straw poll in an upset. >> thank you. >> some people are spreading the nasty rumor that herman cain can't win. well, i tell you what, that might be what they think, but the american people have a different idea. >> cain, a 65-year-old businessman from georgia doubled favorite texas governor, rick perry 37% to 15%. mitt romney had 14% and michele bachmann came in last with 1 1/2%. while cain was winning florida, romney and perry were in michigan speaking to the gop faithful. >> in washington, you have people that don't understand america. the president and the people

around him think that government is what makes us great, they're wrong. it's the people of america that made us great and keep us great. >> yup, there may be slicker candidates and smoother debaters, but i know what i believe in and i'm going to stand on that belief every day. i will guide this country with a deep, deep rutter. >> though many political experts have said the straw poll won't do much to change the candidate's positions nationally, they may have to rethink their position. >> herman cain in 2012. >> now that herman cain has won in florida, cbs news, new york. they were kicking me out of school because i didn't have my shot. >> students have an urgent assignment. get a shot or get kicked out of school. the reason for the new mandate. >> where did it go? that satellite plummeted to earth early this morning. where nasa believes it may have landed. it's contagious and one of

the most puzzling medical mysteries. why do we yawn in scientists think they finally figured it out. so...what do you think? i'm not crazy about these light fixtures. kitchen's too small. what's next? 607 franklin st. ♪ sea bass... ♪ ooohhh! ♪

i like it. yeah, i love the kitchen. [ male announcer ] the epa-estimated 42 mpg highway chevy cruze eco. perfect for finding your way home. tonight, many are asking where where did that satellite go? tonight many are asking where exactly that falling space junk went. a nasa scientist says that if the satellite returned to earth five minutes later than estimated, some of it could have hit land and it could have come as close as partland. we may never know for sure. amateur video in france and los angeles caught the satellite burning up in orbit. more than two dozen pieces of debris, some weighing as much as 300 pounds are somewhere in

the pacific ocean. so all humans yawn, so do a lot of animals. there's a scientific theory about why we yawn and it's basically to cool it. as scientists who studied yawning says when you yawn, powerful stretching of the jaw increases blood flow in the neck, face, and head. now the deep intake of breath during a yawn forces the downward flow of spinal fluid and blood from the brain and when you yawn, cool air breathed into the mouth cools those fluids. so basically you are really cooling your brain when you yawn. no vaccine, no school. that's what state educators may soon be forced to tell some students if they haven't been vaccinated against one highly contagious disease. john blackstone explains. >> at southgate high school in los angeles, it's been a painful start to the new year. under pressure to comply with a

new statewide mandate, nurses are doling out shots as fast as they can. >> all the high schools and 7th and 8th grade need to have the shot. >> the shot protects against whooping cough, the highly contagious and preventable disease that was once nearly eradiated. ten infants died. >> at times we felt helpless. there wasn't much we could do. >> over the summer, ads urged parents to vaccinate their kids before the start of school. thousands of students still haven't complied. sacramento, kids are now being yanked from class. >> kicked me out of school. >> in berkeley alone, some 600 students have an urgent assignment. show proof they have been vaccinated or roll up their sleeves and get the shot. the deadline is thursday and excuses won't be tolerated. potentially a lot of kids will be told you can't go to school. >> california with a dropout rate as high as it is, we can't

afford to lose any students. i worry about that with laws like this. >> 40 states passed laws requiring secondary school students to be up to date on the whooping cough vaccine. >> when you mandate anything, there's going to be some discussion, quite appropriately, and some push back. those parents just have to be convinced. >> in california, parents can opt out of the whooping cough mandate if they are personally opposed to vaccines. only a small percentage is expected to do so. much to the relief of state health officials. john blackstone, berkeley, california. a spectacular sight in lake michigan off the shores of milwaukee tonight. the mix of cool autumn air and warm lake water spawned waterspouts. now that prompted the national weather service to issue a marine warning. the waterspouts are basically tornadoes over water and they can be dangerous to planes and boats. but none of them moved on shore.

clearly meteorologist can get a close look at that. that was cool and fascinating. >> good video there indeed. none of that to the bay area today. we did see cooler temperatures across the region. 10 to 20 degrees cooler than yesterday. as all the cloud cover came back in through the golden gate today, as the on shore flow increased. it's with us tonight and see the low clouds and fog settle in here into the early morning hours, only to give way to a mix of upper level clouds. with that chance of showers showing up mainly in the north bay, but it will spread across the bay through the day tomorrow and then look for things to warm up for next week. but first we have the clouds and rain to contend with for tomorrow as mentioned, it will be a pretty light and in the way of any precipitation falling. see generally less than a quarter of an inch tapering off quickly as you come back to the bay. the fog and low clouds are with us tonight. temperatures in the mid to upper 50s for most locations.

tomorrow will continue cool, low 60s in the city. mid to low 70s for the warmer locations. out across the valley and throughout the north and south bay as we look for mostly cloudy conditions and a slight chance of showers for the greater bay area. taking a look at the temperatures, the cooldown, a good 20 degrees out of the 90s for the inland locations here. north bay mid to low 60s. as mid 70s prevailed across the south bay. that thunderstorm activity out over the high country is contained to our south this evening and probably stay there. we are looking at a cooler air mass that will cross the region tomorrow, bringing with it the chance of early showers for the region. as it will probably be more clouds than rain for most of us. continue with the on shore breeze, low clouds and fog mixing out gradually through the day and as we've seen, temperatures will cool here through the weekend and begin to warm come next week. we'll look for mid to low 70s

for tomorrow. the south bay, mid to upper 70s for the warmer locations. out in the valleys, otherwise low 70s to upper 60s as you head into the north bay where they will see most of any precipitation that may fall tomorrow and again it will be very light for most locations. a quarter of an inch tapering off to a few hundredths. it's the first rain shower activity or potential rain shower activity of the season. the highways and biways could be slick as it tends to wash off all the oil accumulated over the summer. so caution advised if you are out and about tomorrow and we will see things dry out and warm up through next week. back to near normal before we cool slightly again come the weekend. this is definitely early start to our rain season. i don't expect it to amount to much. >> thursday, i saw a hint of 95. it gets warm. >> warming back up. >> all right. thanks jim. >> more than 5 million americans live with alzheimer's

disease. thousands gathered today at san francisco mission creek park for the annual walk to end alzheimer's. care, support, and research. >> these thousands of people here today are willing to talk about it, willing to say i understand it. i have had it in my family and don't believe my kids and grandkids have to have that future. >> the event raised more than $1 million every year since 2007. fed up with service and price changes from netflix. movie lovers may have a new and convenient way to use their home entertainment centers. why it may be the next nightmare for netflix. ,,,,

show could be labeled propaganda -- and cance hard to believe a children's art show can be labeled propaganda and canceled, but it happened this week in oakland. the exhibit called a child's view had to be moved to a sidewalk outside the museum after the museum canceled it.

several jewish organizations protested the artwork to palestinian children. >> who are they to say an exhibit of children's art should be modified? shame on them. >> what this exhibit actually is though is really a one sided hamas propaganda show. >> the display of the art work, the group moved the show into a nearby gallery that provided space. customers are not happy with pricing changes. now a new nightmare for netflix. the competition just announced. >> one company, one bill, one connection for everything you need in video entertainment. >> it's called the blockbuster movie pass and for dish network subscribers, it gives access to video titles, available by mail, in store, or streaming online. >> what a great brand name to

complete with the names of amazon, red box, and quicster. >> and speaking of the competition, the timing of this announcement at a san francisco press event arrives on the heels of more bad news for netflix. lost 1 million customers after a price hike over the summer, a broken partnership with stars network and recent news of the split between their mail in and streaming services. >> that's going on at the same time as we are launching. >> there's an old saying that sometimes no amount of planning can replace good old luck. we'll take luck, too. >> while this blockbuster movie pass will complete with netflix and others, it does have draw backs. >> if you already have a cable provider like comcast or time warner, you have to switch to get this and that may not work for everybody. >> for dish customers, they'll have access to the service starting october 1. in san

francisco, cbs news. the giants try and avoid being eliminated from the playoffs and could cal rally on their final drive and remain undefeated? the minute is next. ( grunting )

state 34-24 for their first win of the year... brandon rutley ran for a career high 209- yards san jose state beat new mexico state 34-24 for their first win of the year. brandon ran for a career high 209 yards and two touchdowns for the spartans. christian, start the clock. cal had ten catches, but he needed 11 for the bears to have a chance to win. over throws his brother on 4th down and washington hangs on for the 31-23 win.

in other notable games, lsu took care of west virginia. oklahoma state came back to beat texas a and m. it's safe to turn out the lights on the 2011 giants. i know, so sad. they are officially eliminated from the playoffs. mike runs into the second base umpire, two-run score. they score 6 in the 1st and pound the giants 15-2. a's and angels, former giant, jerome williams improves to 4-0. torii hunter crushes one to left. doesn't need to look, he knows it's gone. 23rd homer of the year for hunter. the angels beat the a's. and finally, hunter tied for the lead through three rounds. the big $10 million prize in the fedex cup sitting out there waiting for someone to grab it. >> we'll check in more at 11:00 on cbs 5.

finally tonight, diners in one east bay county could soon know how their favorite food establishment scored. alameda county is proposing a color coded grading system. red, yellow, or green plaques would be placed in restaurant windows. >> i don't know if i want to know. >> i want to know. >> no, i do too. i'm hoping my favorites don't pop up there red. >> just think green. >> exactly. that's it for eyewitness news at 10:00. kim has more sports at 11:00 on cbs 5. see you then. good night. i'm a curious seeker.

i am a chemistry aficionado. diphenhydramine. magnesium hydroxide. atheletes foot. yes. i'm a people pleaser. if elected, i promise flu shots for all. i am a walking medical dictionary. congratulations virginia.

inflamed uvula. i'm virginia. i'm a target pharmacist and i'm here to answer your questions. i'm not crazy about these light fixtures. kitchen's too small. what's next? 607 franklin st. ♪ sea bass... ♪ ooohhh! ♪