>> announcer: live from the cbs bay area studios, this is kpix 5 news. a female student dragged from class by a school resource officer and now the justice department is getting involved. hi, everyone. good afternoon. >> the video has gone viral, getting a lot of attention across the country. reporter omar villafranca said it's in the hands of federal

investigators. [ bleep ] >> reporter: amateur video shows richland deputy ben fields wrapping his arm around the student's neck. fields flips the student and desk over and drags her across the floor. >> hands behind your pack. give me your hands. >> reporter: other videos show fields restraining the student in front of the classroom while a school administrator and stunned classmates, including tony robinson, looked on. >> i've never seen anything so -- so nasty looking so sick to the point where you know, other students are turning away. >> reporter: the justice department opened a civil rights investigation into what happened and will determine if federal charges are warranted. the 34-year-old deputy join the sheriff's office in 2004. in 2008, he was astound the district as a school resource officer. fields has also been an assistant coach on the football

team since at least 2012. leon lot s the richland county sheriff. >> it smoked like everybody else. >> reporter: lott said fields has been placed on leave pending outcome of the investigation. >> it's not something he self initiated. he was ask to remove the student from the classroom. now, did he do that properly? what's we're going to look at. >> reporter: the girl was not hurt and release to her parents. we have not heard back from fields for comment. klum yeah, south carolina. >> the student face the charge of disturbing. fields was name in a 2007 lawsuit aaccused using excess force during an arrest. a jury rule in his favor. a fairfield boy is in protective custody, suspected of stabbing his stepfather to death. police said the child was trying to protect his mother from her abusive husband. the boy has not been charged and his age is being withheld. san jose police arrested a 28-year-old man for the stack death of a woman in a downtown

apartment. the body was found on south third street. the couple had a prior relationship. neighbors said the complex is a safe place to live. >> i have been here almost two years now. i haven't had issues any place and 95% of the time, my door is always open. i keep it open during the day, during the night. >> police are not releasing victim's name until her family is notified. we have some rain in the forecast. let's check in with whereabouta. >> it's always exciting when i get to fire up my high def doppler radar and doesn't this look pretty ominous? i have to tell you a lot of the green you're seeing is virga and that's when the raindrops leave the cloud and we have so much dry air mass in place it's evaporate before it hits the ground. but we are picking up a fat raindrop here and there, maybe a sprinkle in vacaville, a couple of raindrops around hidden valley lake. that's about it. nothing to wet the sidewalk

completely, just raindrops noted here and there but we definitely have the mostly cloudy skies right now. it's remaining on the mild side. a little bit of mugginess in the atmosphere and temperatures are between 63 in santa rosa to 69 in livermore. when the front will pass through the bay area -- we'll track it later in this newscast. michelle and frank? >> all right, roberta, thank you. more shaking in san ramon today. 15 small earthquakes struck since midnight. they add to the hundreds since last week. the strongest was a 3.1 just before 2:00 this morning. the usgs said this could continue a few more weeks. >> the last -- >> the powerful quake that rocked outasia caught on camera during a newscast. the magnitude 7.5 quake yesterday cause landslides and

buildings to collapse. rescuers are trying to reach affect aired yays in pakistan and afghanistan. 345 people have been killed. the epicenter was in northeastern afghanistan. one valley in pakistan was hit hard. nearly 2500 homes are damaged or destroyed and some 2,000 people are injured. searchers have resumed looking for a fisherman who disappeared. a second person was rescued but a third was found dead, a 55- year-old roseville man. several agencies spent the night looking and more joined this morning. crews did find the boat with life vest on board. it does not appear the victims were wearing them. children are gearing up for trick-or-treating this week and a federal court clarify what had authorities can do to protect kids from sex offenders. kiet do has the story. >> reporter: we are here on ray street near highway 280 where there are cluster of four registered sex offenders on the

short stretch alone. now, there are lot of urban legends about what they can and cannot do on halloween. we are here to set the record street. there's a belief that says registered sex offenders have to hang a sign that "not participating" or "no candy" on halloween. that is not true and has never been true. sex offenders have a strict set of rules but hanging a sign on a door is not one of them. this stem from a case in 2013 in southern california where some parole agents wrongly posted signs outside the home of sex offenders. a lawyer and activist sued the department of correction about those signs and has dropped that lawsuit. >> of all days during the year to put a sign on the door -- this is what normally are out, creating mischief. sometimes it's more dangerous so we have -- unfortunately have registered citizens who

have been murdered for no other reason than they're on the sex offender registry. >> reporter: here's what offenders are required to do -- turn off porch lights. offering candy or decorating their home is not allowed. remain indoors during curfew from 5:00 p.m. to 5:00 a.m. and keep their door close and open only for law enforcement during the curfew. kiet do, kpix 5. >> for more information about sex offenders in your area, find a link at our website. click "link and numbers." a collision between a scooter and jogger is caught on video. mark pettitte was riding near third and sun. he was check an intersection where a muni bus blocked his view. as he moved forward and the bus pulled out, a jogger appear and they collide in an instant. >> i only had a couple of seconds or half a second, it felt like, to react to what was happening and all of a sudden, i saw movement and kind of said, whoa whoa! i hit the brake and she ran in

to me. >> the insurance company said he's not at fault and the jogger is now out of the hospital. a california police department will try a new approach to crime-fighting. remember nunchuck from bruce lee movies? the department said they will control suspects during arrest without strike them. officers won't be required to carry them and they will have to undergo special training. outdoor giant rei has a message for black friday bargain-hunters. drop the shopping bags and get price share. more on the decision to shut down over thanksgiving. >> reporter: this is typically what people think of when black friday comes around. long like, huge crowds, deep discounts. but this year, the lights will be out in the all rei stores including berkeley and all 12,000 rei employee will be getting paid time off for that day so they can opt outside.

it's nice to see a large retailer recognizing the reason for the season. >> i appreciate shopping just like anybody else but i think that family is most important part of the season. >> reporter: that's exactly why rei president and ceo jerry striske decided not to open on one of the biggest shopping days of the year. >> we believe the day outside -- black friday outside with your family and enjoy, outdoors is really special and it's something we're passionate about and taking advantage of this opportunity to do that. >> reporter: as someone who has had to work holidays before, shannon is surprised. >> it's nice for them to get to spend that time with their families and, you know, like the rest of us, spending time with family, but retail, um, you know, kind of goes with the territory. >> reporter: from a financial standpoint >> i would think that's such a huge day that without the -- you know, biggest day of the year for shopping, loss of revenue -- i mean, it's a bold move. >> reporter: a bold move rei

said is worth it for the benefit of its employees. in berkeley, jackie ward, kpix 5. >> some may view this campaign as way to drum up publicity -- and it is -- the president insists it's about maintaining authenticity. another company wants to make shopping easier by delivering food and goods to your doorstep. wal-mart applied with the faa for permission to test drones for home delivery. the move comes as other companies like amazon and google explore their own drone delivery services. faa's spokesperson said it helps finalize regulations for commercial drone use some time next year. tonight, the warriors begin their quest for another nba title. it was just four months ago the men in gold and blue won it all and tonight, players will receive their championship ring. head coach steve kerr will be on hand, even though he's recovering from fan surgery. fans should be inside 7:10.

the first game of the season starts at 7:30 against the new orleans pelicans. >> say hi to roberta. she'll be front and center. lawmakers get it under the wire. what is funded in an 11th hour budget deal. donald trump compliments tradition of muslim women and why some say it sound like an insult. another piece of space junk zeroing in on mother earth. we'll tell you about its arrival on the most unlucky day, coming up. ,,,,,, i am totally blind.

and sometimes i struggle to sleep at night, and stay awake during the day. this is called non-24. learn more by calling 844-824-2424. or visit your24info.com.

white house. the agreement averts house republicans have struck a budget deal with the white house. the agreement averts another government shutdown and debt crisis. reporter don champion has the story from washington. >> reporter: the budget deal is poised to be john boehner's last hurrah before leaving office, prevent another

government shutdown and puts off the debt crisis while leaving negotiations with the white house that stretched until almost midnight monday. republicans sounded optimistic. >> i won't be part of shutting down government and don't want to be part of doing nothing. so hopefully this middle ground is something can support. i suspect i will. >> reporter: the 144-page bill calls for increase in spending of $80 billion over two years and covers defense and domestic programs. the deal calls for some reforms in social security disability insurance and lifts the debt ceiling until march 2017 with well after the presidential election. some conservatives want more. >> this president has never shown interest in reforming entitles. >> reporter: congress had faced a fast-approaching november 3 to avoid default. paul ryan is set to be elected the new house speaker. don champion, cbs news. >> democrats will review the bill today before it goes to a

vote. donald trump's latest comment on women getting a lot of attention now. this time, he was talking about women in islamic cultures weari burkas. >> they want to! why the hell are you planing? wouldn't wouldn't it be easy? you don't have to put on makeup. i'm ready, darling. let's go. it's true! >> trump is still the republican front-runner in new hampshire and south carolina but in iowa, ben carson has opened up a 14 point lead over trump for the first time. some big issues on local bay area ballots. important to note today is the deadline to request votes by mail ballots. election day, by the way, is november 3. an asteroid the size of the empire state building zip by earth this halloween and what will be a sweet treat for scientists. >> yeah, it's coming close to

our planet but nasa said earthlings have nothing to fear. earth's graf stational pull is too weak to precinct into our atmosphere. the asteroid isn't the only thing flying by, either. on friday the 13th -- a little crazy -- a piece of space junk will hit earth. nasa says the piece of debris is 6 feet long and expected to splash down in the indian ocean. it's just one of thousands of pieces of debris orbiting our planet. a little weird. >> a little traffic in outer space, yeah. all right, how about weather? we have a little virga, a little rain. >> you're scaring me over there. >> hi, everybody. good afternoon. let's call on our weather watchers. we have at least a dozen people checking in with us. everybody is hunkering down, enjoying the cloudy skies today and in fact, i want to look at this one right here. 59 degrees. i want to say hello to scott. it's so great to have scott pack. he was evacuated for a couple of weeks during the valley fire. his home is okay. he's okay. his weather station is soak. we're so happy to have you here, sir, with us.

the north bay has been talk about feels like rain outside. if it feels like rain, it must be rain. it's our live high def doppler radar picking up a lot of green on the screen. this is misleading, though. a lot of that is the virga not hitting ground but nonetheless, as the day progresses, and the air begins to juice up, sprinkles may hit the pavement. this is our live weather camera, looking in san jose. mostly cloudy skies, air temperature of 67 degrees, same in concord. winds have been nonexistent except picking up a few gust in north bay, up to 17 miles per hour. mostly cloudy skies. the view from sausalito to san francisco mid and high level clouds and this is the scene from the university of california berkeley. mostly cloudy skies. a few fat raindrops says cathy munch in past poll. we have a wet winds. let's track it together. this is a cold front trying to tap into some tropical moisture

from the leftover remnants of olaf. it may be a renegade shower ahead of that. that's a frontal boundary area, slicing through the north bay. by 7:00 during the morning commute it gradually falls apart as it drift in a southerly direction towards the central bay so barely a trace should be noted in the santa clara valley. a half inch of rain expected -- that has been downgraded. i'm not liking that. i won't bring in the furniture. you know, the patio furniture? was going to do that today? i won't in pleasanton. sunset at 6:17. sunrise tomorrow at 7:31 with a cooler day by ten degrees. throughout fremont and concord. 77 fairfield. 70s everywhere except immediate seashore into the 60s. there's your extended forecast. we'll call it a wet wednesday

-- okay, a damp wednesday. and then sunny skies thursday through monday. don't forget to set your clocks back one full hour on sunday meaning we can trick-or-treat a little hour. >> exthat hour of sleep. we love it. how are we doing on wall street? stocks went down a little bit but not a lot, down 53 points at this hour. the saga of a stolen goofy purse and where it ended up decades later. what's cool about your school? e-mail coolschools@kpix.com and we may feature your school on the show. we'll be right back. here at humana, we value sticking with things.

when something works, people stick with it. more people stick with humana medicare advantage. because we stick with them. humana medicare advantage. the plan people stick with. my name is phil zietlow, and i've been an engineer on the cheerios team for 51 years. about five years ago, i found out that if my daughter-in-law, joyce, eats anything with gluten in it she feels pretty darn terrible. so my team and i came up with a way to remove the grains that contain gluten, from the naturally gluten free oats that cheerios are made of. so now joyce and i can have cheerios together anytime we want. and if you love someone with celiac, or gluten sensitivity, you can too.

it started out as a trick..n r expensive a southern california woman is getting an early halloween treat from her pets. >> it started out as a trick when a thief stole her expensive gucci purse on halloween some 20 years ago cannot too far away and years later, a farm worker noticed the dusty and weathered purse sitting along a row of trees. >> sorry, guy hi, but it looked like a piece of junk but i looked in it. it was open. i looked in and found a social security card. so i stopped there and secured

the purse. >> a police officer drowned the woman and handed over the purse. many item likes her credit cards, driver's license and mascara inside and intact. where the person has been the last two decades remains mystery. >> she got it back. that's great. the frappula frappuccino is made with white chocolate blended milk and ice sandwiched between moe is a cause and whipped cream with raspberry for a bloody touch. i see a little dracula going on. >> more ice cream. >> maybe. a lot of caffeine. if you like fresh-squeezed orange juice, we have a tip for you. >> tony tantillo said you need the right fruit for the perfect glass of oj. >> reporter: juice from

florida in the market. valencia juice orange is made for the market, little pulp and all juice. look how beautiful that is inside. when you buy them at the market, select them like this -- now, fairly smaller size than a naval orange but make sure it's nice and shiny all the way around and heavy, meaning it's loaded with juice. always throw them on the counter. what's great about these oranges -- they're easy to squeeze, make that wonderful orange juice in the morning, and besides that, they're great for with us nutritional value and the vitamin c. valencia juice oranges into the market for the next several months -- beautiful. i'm tony tantillo. remember to eat fresh and stay healthy. oh, so good. ♪

woman busted for d-u-i not once... but three times in a week. we're asking police..d that happen? that story and five. a south bay woman busted for dui three time in a week and we're asking politician how that happened. that story and more at 5:00. where you going to be tonight? >> warriors game courtside tickets, 2900.

and sometimes i struggle to sleep at night,blind. and stay awake during the day. this is called non-24. learn more by calling 844-824-2424. or visit your24info.com.

1 >> thomas: caroline, i have to know, even if you're not sure, even if there's a chance. >> caroline: thomas, i told you. >> thomas: we're alone now. all right? you can be honest. is dad really the father of your baby? or am i? >> brooke: thomas is back from paris? >> ridge: yes. >> brooke: he wasn't gone very long. >> ridge: no. >> brooke: did you know he was coming back? last time we talked about this, you thought he'd be gone for a while. >> ridge: my son thinks he can do whatever he wants. >> brooke: so there's still a problem between you two. ♪ ridge, i can tell there's something wrong. what is it? >> maya: i just wish i kneat