you're watching cbs 5 eyewitness news on the cw. growing restless. the occupy movement in oakland defies authority, tears down fences and sets up camp in a new park. how neighbors in nearby condos are reacting. a new plan for occupiers in san jose go right to the mayor's house. outrage growing tonight over a group of students pepper sprayed by police at uc davis. the chancellor says he vows to do next. >> good evening, they're mad and they won't take no for an answer. occupy oakland protesters evicted to go over to an empty lot. don knapp is in oakland where protesters have pitched their tents in the city's uptown neighborhood. don. >> reporter: if you can hear behind me, what you are hearing is the absolute, in your face defiance to bring occupy

oakland under control. a couple hundred families at 5:15 tonight and they have been going strong ever since. simply been a lot of music and certainly the neighbors are upset. but so far, oakland police have not moved in. here's the situation. >> after marching for a couple of hours through oakland's downtown, hundreds of protesters did what the city warned them not to do. headed for the park at 19th and telegraph. tore down fences and moved in. then celebrated their takeover with a party. while music blared from high powered speakers, occupiers set up camp. at least 16 tents were on the ground. others erected a huge tarp attaching it to troll lass in

the park. police helicopter flew overhead. dozens of officers who spent much of their day here took no action as crowds moved in. police moved to protect entrances to residential buildings surrounding the park. earlier in the day, some residents of condominiums gathered to share their opposition to allow a camp in the center of their neighborhood. >> we witness things and we are aware of the drug use and distribution and health hazards and the noise pollution. it doesn't seem like it's a responsible thing. >> the mayor said in a press statement that she supported free speech, but would not allow camping. despite the rain, occupy oakland supporters seem determined to stay and police were only standing by for now. now the rain helped considerably. this crowd thinned down quite a bit, but there's a hard core

group of campers in the middle of this park. the tents are up and police are standing by. whether they'll move tonight or not, we don't know. there's some suggestion that they won't move tonight. the campers have done exactly what the city of oakland did not want them to do, they set up camp. >> don knapp in oakland, thank you very much. before taking over that, protesters marched down grand avenue along lake merritt. they gathered at the intersection in front of the grand lake theater for a demonstration that lasted nearly an hour. some of the signs protesters were holding said tax the rich and revolt. protesters marched back up grand avenue toward downtown to the park near the uptown district. demonstrators are also on the move in the south bay and san jose, the occupy movement brought their protests to the mayor's house. police confirmed about 30 to 40 people are outside mayor chuck reid's home, apparently only on the sidewalk. one of the protesters tells

kcbs radio that among them is a demonstrator called cracker. 28 days atop san jose city hall. new faces at the occupy encampment in san francisco today. but they didn't receive a warm welcome. crews from the city's department of public works came to the federal reserve bank and the plaza. workers removed some tents and cleaned up garbage after the city declared the area a public health nuisance. workers dressed in protection blue suits, cleared out some areas that left the main camp in tact. >> their intention was to bring things into compliance. however, when we showed that we weren't going to let anything be removed, then they stopped doing, trying to remove anything. >> protesters moved some of their tents. the crews were successful in clearing the grassy areas. calm has returned to the uc

davis campus. at least for now after students caused a rough cues earlier today. they demanded to speak to the chancellor about a pepper spray incident that happened on campus yesterday. today dozens of students chanted outside the building where the chancellor spoke about the incident. they were not allowed inside for the news conference. that news conference was all about this. this was yesterday, demonstrators gathered as part of the occupy movement and to speak out against tuition hikes. the students ignored repeated orders to clear out. a law enforcement official who watched the clip called the use of force, fairly standard policy procedure. today the university's chancellor described the incident as chilling. >> it shows that it is very unexpected and very sad and a

problem, at least in the face of it. >> the chancellor is forming a task force. they will be back in force on monday. well, wind, rain, thunderstorms, you name it, we got it. meteorologist, jim is here with a quick look at what is going on outside. >> a little bit of winter weather moving through the bay area earlier this evening. a fast moving cold front, rain showers and chance of thunderstorms lingers into the early morning hours here, probably into tomorrow morning. we'll see that threat of thunderstorms as well. it will be winding down through the day, but taking a look at the high definition doppler. you see lighting up here with moderate returns throughout the bay area. east bay into the trivalley area, south bay as well. down into san jose, redwood city and offshore of the north bay. more moderate to heavy returns showing up on radar. they will be moving slower and moving into the area this evening with once again, rain fall expectations in the 1 inch

to half an inch range for most locations as we see once again, the rain will continue to move into the region this evening. we have winter weather advisories up for the high country with snow levels down to 3500 feet. quite a turn in the weather. we'll have more details coming up in your complete forecast in a few minutes. >> thank you. dozens of people, including cal students are without a home tonight. that's after a five-alarm fire gutted an east bay apartment building. it happened just blocks from the uc berkeley campus. ann explains why firefighters are still keeping watch more than 24 hours after the fire started. >> it felt so surreal. >> she saw the smoke and shot this video with her cell phone. a raging fire in this five store commercial and apartment building on telegraph. >> it just got bigger. kept getting bigger. there was black smoke coming out of the windows. >> her building was evacuated, but it was the people in the 39 apartments in this building

that she really fell for. students at uc berkeley. >> they were freaking out because they lost all their stuff and they were crying and i mean, so close to finals week, so they are just freaking out about the whole thing. >> firefighters don't know how many people were in there. they are asking anyone who lived here to contact the berkeley fire department for a head count. the red cross is helping at least eight people with emergency housing. >> it is a kind of constant state of not knowing what's going on or how many people need help. >> more than 12 hours after the fire broke out in this building, firefighters were still pouring water on the collapsed roof. they say there is active fire inside the walls and the building is so unstable right now, traffic will be affected on several surrounding streets this weekend. >> we have firefighters who are going to be standing by throughout the weekend, 24 hours, to make sure we don't have any flairups of the fire. >> then the whole building has to be knocked down because it's about to collapse on its own.

>> if you look at the building right behind me, you can see the building in. so we are concerned not only is the building falling inwards, but outwards. >> in berkeley, cbs 5. >> the wild fire that burned 2,000 acres is almost fully contained tonight. the fire tore through the sierra foothills yesterday, fueled by 60-mile an hour winds. 29 homes were destroyed. eight others damaged. today shows us some people were allowed back into the area to survey the damage. looking outside his window, matt says an orange glow filled the night sky. >> we saw that it was 200 feet away and it was just charred earth behind it. >> his home was next in the fire's path. >> we rented a house, then we grabbed everything we could and got out of there. >> they all made it out safely, but the home -- >> the entire thing was burned down to the ground and the only thing up was the railing.

>> the family of seven is left with nothing because the home was a rental and they did not have insurance to cover what was lost. here on pioneer drive, more than 24 hours after the fire first broke out, firefighters are still working to mop up hot spots. what's interesting, take a look. this is what used to be a fireplace. the wood inside the fireplace, untouched. but then just a few feet over, you see this used to be the garage. these two cars a total loss. >> went down into this gully and went roaring into one of the doctor's homes over there and then just expanded over to here. >> dennis saw the flames and didn't wait for firefighters to take action. >> we got the garden hoses and i spent most of the morning keeping that fire down. and it was raging in our gully. >> and his efforts paid off. one of the lucky ones. his home was saved. he just wishes others had the same outcome. >> sad part, we witnessed our

neighbors houses just burn down in front of our eyes. >> paul watched as burning embers got into this attic and smoldered three hours later. attacking the flames from all directions were enough to save it. >> the wind was so strong that it just went through the attic and flames were shooting out. probably 30, 40 feet downwind. >> so now, as people survey the devastation in the neighborhood. when these homeowners come back, all they will see is the cracked china and mangled metal from what used to be a dining room chair. well police say they solved a disturbing sexual assault case. how a suspect was linked to a brutal beating. the cars in the not so distant future this weekend. the dash board that resembles a tablet. the cars that can drive themselves.

pedestrian l police are searching for the driver who hit and killed a pedestrian last night. the man was hit near story road and bedford street about 6:40 in the evening. his name has not been released, but appears to be in his 60s. this is the eighth pedestrian or bicyclist in santa clara county to be killed in the early evening. other bay area headlines, the man jailed tonight for killing vallejo police officer, james capoot is due in court monday. henry albert smith jr. of fairfield will face robber charges. the officer chased the bank robbery suspect into a neighborhood on thursday.

a memorial fund has been set up for the family. he was married with three daughters. after a series of sexual assaults in the area earlier this year, an arrest in at least one case, oakland police say the man who brutally beat and assaulted a woman last february is now behind bars. police say 18-year-old derek park was identified from dna evidence found on the victim. a match was made last month. multimillion charges were filed this week. parks could face four life sentences if convicted. imagine a car that drives itself while you sit and read the paper. it is not so farfetched. the los angeles auto show this weekend is showing off rides that will do a lot more than take you from point a to point b. the technology coming to a dash board near you. >> distracted drivers pay attention. there's no longer a need to look down at that phone. >> letting all the nearby

movie theaters. >> a new generation of dash board technology is being unveiled at this weekend's los angeles auto show. from cadillac, whose console looks like an ipad to toyota. buy movie tickets and to where you're going. >> destination street address. >> technology analyst, brian cooley says it is still distracting but -- >> a little safer using voice command, bigger displays, and locking things out when the car is in notion. >> and it is self-correcting. this lexus has infrared sensors that can tell if you are looking away or tired. >> it will sound an alarm. hey, wake up. this system will stop. you aren't going to apply the brakes. >> the backseat of this bentley complete with internet hookup and massaging seats looks more like an executive suite than a car. perfect for femme with chauffeurs. but we may be close to a future in which none of us will be driving.

>> by the middle of this decade, we'll have partial vehicles and by the end of the decade -- >> a new model by volkswagen, which drops you at the curb and with a push of the button, parks itself in the parking lot. google has used driverless vehicles to help map over 140,000 miles of road and in june of this year, successed in getting legislation passed in nevada to make cars legal. the technology is ready, but are we? >> who is ready to be out there and see a car drive by without anybody sitting behind the wheel? what regulator is ready to pull the road laws apart and rethink them? >> lawmakers may have no choice because look around, it's clear auto makers are rethinking how we drive. bill, cbs news, los angeles. >> and driving in the rain never fun. guess what? we might be doing a lot of that heading into thanksgiving day. >> i'm ready for the automated

car any time. we did see a lot of rain showers out there tonight. wet streets throughout the bay. a quarter of an inch of rain so far. more to come this evening. a fast moving front across the area earlier this evening. did leave rain in its wake and as we take a look at doppler, we see there's quite a bit of returns showing up on radar throughout the region here. moderate returns across the north bay out to the east into the trivalley and south bay as well. taking a tour around the bay here, we'll zoom in on some of the activity. we see again, moderate to occasionally heavy returns showing up to the far south and just offshore, there's a few moderate to heavy returns showing up as well. now the initial frontal boundary did move through. we'll see the energy slow down as it crosses through the region. turning into rain showers by tomorrow and tapering off through the day. cool and dry monday and tuesday. we can look for lows tonight in the upper 30s to low 40s across

the north bay. mid to upper 40s at the water here and back at the beach, we'll look at 40s. under mostly cloudy skies. here's the rainmaker, the move rapidly south along the coast. it is now clearing the region. the leading edge of it. behind it, we'll see wrap around moisture continuing through the night into tomorrow morning. it will be moving much slower and likely need more rain in its wake. the leading edge did tonight. we'll hang on to the showers through the evening here with snow levels lowering, as i mentioned, to about 3500 feet. here goes the first front, scattered showers to continue on and off. through the day tomorrow, again, some snow in the high country. down to 3500 feet as well as the northern mountains here. they will be looking at snow levels there at 3500 feet as well. temperature wise, we can expect mid to upper 50s for the highs tomorrow as a cool day will continue with showers tapering off as mentioned through the day. still mostly cloudy in the

early morning hours, and the beginning of the week as we get a couple daybreak with another weather system due in the area wednesday, which will likely continue the showers into thanksgiving. so, cool and unsettled holiday is taking shape out there. that is looking wet at this point. didn't look so bad, but developing in the gulf of alaska. so it would be a good time to stay home. >> thanks so much, tim. something old is new again for a whole new generation just in time for the holiday season. the marketing move retailers are banking on to get them back in the black during a bad economy.

cards. one retailer is it's a shopping gimmick that goes back to the days before credit cards. one retailer is bringing back lay away plans. the marketing ploy that began during hard times decades ago is finding new success in today's economy. >> everything old is new again. >> let's plan ahead and budget our christmas spending. >> lay away is back. born in the great depression when people had little spending

money and no credit, lay away is tonic for today's great recession. retailers fearing empty aisles are turning to an old gimmick to rev up holiday sales. >> it shows that retailers are desperate to get people to spend money when they don't have that much money. >> the miles family, for instance, buying bikes for the kids on lay away at a new jersey toys r us. >> you know that to buy what you need and not over spending. >> wal-mart, the nation's largest retailer revived lay away for electronics and toys a month ago. it's been a big hit. >> we are getting new customers. we are getting great lay away purchases. >> a major wal-mart competitor, target, this week admitted. >> the wal-mart program has certainly hurt us in november. >> lay away is a deferred purchase plan requiring at least 10% down and a $5 service fee. installments are spread out over two months usually and should the customer not complete the purchase, there's

a cancellation fee. >> in the end, the consumer will spend more using lay away than if they bought the item outright. >> but if they can't buy the item, shoppers appreciate lay away. >> easier to spread the payment out. >> and not face any troublesome bills on december 26. tony, cbs news, new york. >> a massive highway cleanup campaign kicked off. hundreds of volunteers with safety vests to pick up trash along freeways. why litter is a growing problem. >> in the past, we would clean up an area, it would stay clean for two or three weeks before it would start showing litter. now, we are getting two or three days. >> caltrans supervisors watched over the groups. bay area roads are among the most littered in california. so far this year, nearly 5,000 bags of litter has been removed from bay area highways.

caltrans spends $50 million a year to keep them clean. tiger and the u.s.a. trying to finish off the international team. highlights on the way and the trojan came out with something to prove. and a nail biter. sports minute in about a minute. [ man ] i got this citi thank you card

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a lot of upsets... wayne, stanford leads cal 28-21 in the 4th quarter and nothing has been easy today. a lot of upsets. start the clock. lebron james has plenty of time on his hands. why not take in a football game. looking good. he saw a good one of eugene. would have sented the game into overtime. hangs on for the 38-35 game at

a national title. wow, how about the ducks? they were not the only top five team to lose. oklahoma was knocked out by bailor. hits terrance williams with a game winner in the end zone. baylor wins 45-35. that is threading the needle. tiger took care of aaron, 4-3 to clinch the win. the americans beat the international team 19-5. how about some ice action. the sharks and stars combine for 100 penalty minutes. san jose state took advantage with two power play goals. logan score from right in front of the net. dallas has lost 5 straight games. as soon as that final comes in from stanford and cal, we'll have that for you on cbs. >> is this the part where you ask for more time for sports at 11:00? >> we need more time. >> you got it. that's it for eyewitness news at 10:00. the news is always on cbssf.com

and gary has more sports at 11:00 on cbs 5. good night. at bank of america, we're lending and investing in the people and communities who call the bay area home. from funding that helped a local entrepreneur start a business... to providing grants to a nonprofit which offers job training and placement... and supporting an organization working to help the environment.

because the more we do in the bay area, the more we help make opportunity possible.