into the oakland estuary. ad samaritan trie save a driver died after witnesses say his speeding suv went straight into the oakland estuary. a good samaritan desperately tries to save the man's life. >> it happened around 7:00 this morning on the waterfront near blanding and roadway in alameda. alameda fire says the car was submerged 30 feet complicating rescue efforts. kpix 5's mark kelly spoke to witnesses trying to make sense of this bizarre scene. >> reporter: recovery crews pulled the water-logged suv out of the oakland estuary while witnesses try and wrap their heads around what they were seeing. >> first thought was that can't really have happened, right?

>> reporter: brian was working nearby when someone came into his store yelling for help. >> someone came in and yelled if there was anybody who knew how to swim, that a car had crashed into the water. >> reporter: emergency crews got the unusual call around 7:00 this morning. >> the vehicle went through the parking lot over that large sidewalk area through the metal railing into the water. it was traveling at a high rate of speed. >> reporter: before rescue workers got there, brian dove in and tried to rescue the driver, the vehicle completely under the water. >> i couldn't see the car but they were pointing at bubbles coming up. i didn't even think about it. i was just get in the water, try to get to the guy. >> unfortunately the cold water also dark just before sunrise proved too challenging for brian. >> it becomes completely black. i can't even see my hands. >> reporter: a trained swimmer with alameda fire was able to pull the driver from the vehicle, but the man died before getting to the hospital.

in alameda, mark kelly, kpix 5 news. >> dive teams spent time checking for more victims. some witness reports said as many as four people were in the vehicle. turned out not to be the case. >> at the same time a 55-year- old swimmer is in critical condition tonight after being pulled from the water at ocean beach this morning. about 9:20 rescuers responded to reports of a person floating facedown in the water near sutro baths. firefighters say when they got the man out, he had water in his lungs so they gave him cpr. he came to and was taken to st. mary's medical center. a 23-year-old man was found dead at a u.c. bearingly frat house -- berkeley frat house this morning. the death is called suspicious. paramedics were unable to revive him. campus police are being tight- lipped about it. it's not clear how the man died or if he was a student at cal. it's the third death at a berkley frat house since last year.

>> that's kind of scary. i think that it happens, so i'm not surprised, but just. >> reporter: according to statistics, 95% of all injuries and deaths at fraternities in the u.s. are alcohol or drug- related. gunfire erupted today inside a busy wisconsin shopping mall frightening dozens of christmas shoppers. witnesses at the east town mall in madison say a fight broke out around a group of young men at 3:00. a 19-year-old was shot in the leg but is expected to survive. the mall was shut down expe vac aitd as -- evacuated as ambulance swarmed the area. today is the busiest shopping days of the year. one witness tweeted never been so scared in my life. i could hear shots coming from outside sears, people dropping belongings and running out of the mall. crazy scene. police are still looking for the suspect who pulled the trigger. the mall has since been reopened. president obama described his meeting with relatives of the victims of the san

bernardino shooting as moving. after the three-hour meeting last night, the president shared a few words with each of the families separately. the girlfriend of one of the 14 victims said president obama immediately asked for a hug. he said to her, words aren't enough. how about a hug? >> they said to me, you know, i got you. and they're not going to let shannon's virtues disappear any time soon. >> the meeting was an intimate one between just the victims' families, the president and first lady. the media was not allowed inside. after the meeting in san bernardino the president and his family headed to hawaii for their annual christmas vacation. mr. obama plans to spend two weeks at a vacation rental on the island of oahu and return to the white house in early january to begin his final year in office. hillary clinton is accusing bernie sanders campaign of stealing millions of dollars worth of voter data held by the democrat national committee. that led to a suspension for

the sanders campaign. but a deal was reached to clear up the mess ahead of tonight's democratic debate. [ chanting ] >> reporter: democrats lined the streets in manchester, new hampshire, showing support for presidential candidates ahead of their third and final debate of the year. political analysts say voters in the critical primary state are eager to hear plans for national security, income equality and ways to combat drug abuse. >> with the increase in prominence of national security issues, they're starting to pay more attention to the commander- in-chief question. >> reporter: but the issues could be clouded by controversy. here at the media center, journalists from around the world have been following a civil war within the democratic party. on friday the democratic national committee discovered four bernie sanders staffers improperly took information compiled by hillary clinton's campaign and blocked the sanders camp from seeing any voter data from its shared

database. early saturday, it regained access after reaching an agreement with the dnc. >> this is sort of a sideshow issue that i don't think will and shouldn't be the focus of the debate tonight. >> reporter: but the data breach is expected to come up during tonight's debate. >> for bernie sanders, it puts him on the defensive going into a debate in which he really needs to be on the offensive against hillary clinton. >> reporter: both sanders and former maryland governor martin o'malley are scrambling to catch clinton, the dominant front-runner. cbs news, manchester, new hampshire. >> jeb bush is taking aim at donald trump with some harsh words. >> one other thing i've got to get this off my chest. donald trump is a jerk. [ applause ] >> you can't, you cannot insult your way to the presidency.

you can't disparage women, hispanics, disabled people. who is he kidding? >> the comment comes after a week of heated sparring between the two candidates. trump was quick to the rebuttal calling bush incompetent and terrible as well as dumb as a rock. it seems bush is switching up his strategy for his part by taking direct aim at trump. another republican in the running, chris christie says that he is stepping up his campaign. the new jersey governor has seen a spike in numbers since camping out in new hampshire. he says so far the race has been incredibly entertaining but that show time is over. today he launched a four-day bus tour across new hampshire, a key state for 2016. tonight a milestone in the count down to superbowl 50 in the bay area. the things being unveiled to mark the occasion. ,,,,,,,,,,,,

just about a half hour ago that big 50 lit up on the side of the ferry building against san francisco, part of the big celebration for superbowl 50 coming to the bay area in just 50 days. >> that's just one of the surprises taking place leading up to the big day. the local host committee today unveiled the first of 10 sculptures featuring the number 50. it was rolled out this morning at city hall in san francisco along with giant gold numbers. it features replicas of super bowl rings. >> these 50s will help celebrate the history of the super bowl. this one features the past 49 super bowl rings, future 50s might showcase game day footballs, official tickets

from the 49 super bowls, confetti, trophies. >> the statues stand 6 feet tall, 8 feet wide and weigh around 1600 pounds. in all ten will be unveiled in different cities throughout the bay area leading up to game day on february 7th. as you know kpix 5 is the home of superbowl 50. we want to give you a preview of what's to come to celebrate the biggest super bowl ever. highlights include a special edition of the super bowl today. host james brown and the guys will get you set for kickoff covering all the angles of the game starting at 11:00 a.m. >> the night before the nfl will recognize its best players and performances from the 2015 season with a two-hour primetime special called the nfl honors. it's going to air at 9:00. here at kpix 5, our own super bowl specials every night live from super bowl city, ken will be joined by jennifer montana. count down to gold will be your ticket to the biggest event starting monday february 1st

and every night at 7:00 p.m. >> and cbs announcing a first right after the game. a special live edition of the late show with stephen colbert. this is the first time a late night series has ever followed a super bowl. and still to come, we first met tonight's student rising above when he was just a 17- year-old high school senior. now, 13 years later, he's done something no one would have expected. >> on the other hand easy to predict, rain. more on the way for the bay area despite this unusually peaceful scene. wait until you see how much snow is in store for the sierra. it's all coming up after a break. there it is! [ gasps ] oh no! look, the sky's awake! ♪

that. was. epic! [ bark ] want to do something special this holiday season? support i have a dream foundation. help a child achieve the dream of a higher education. cbs cares. life... a higher education. is unpredictable.

life is deaths. and births. sickness and health. love and heartbreak. and covered california is there for it all. not just to help keep you well. but to make sure the cost of being unwell doesn't ruin this whole life thing. because it's more than just health care. it's life care.

students rising above proudly sponsored by bassett furniture. >> martin scrully the bad boy pharmaceutical ceo says the charges against him are baseless. he was arrested thursday, pleaded not guilty and posted $5 million bail. today he tweeted i am confident i will prevail. prosecutors say he lost millions of investor dollars through bad trades. he gained infamy early this year by raising the price of a lifesaving drug from $13 to $750 a pill. a small earthquake in the east bay overnight. it was a 3.1 in san ramon at 12:30 this morning in the same area that experienced an earthquake swarm in october. no damage or injuries reported. all right, we are starting out with partly cloudy and some clear skies around the bay area. but there's rain on the way. we're going to have to wait until about midday tomorrow for it to get here. but it is on the way as we overlook the beautiful skyline of san francisco.

numbers right now mostly in the low 50s. a lot to talk about. the first system moves out of the bay area, leaves us with clearing skies. but there is more on the way in the futurecast shows tonight looks fairly clear, but watch what happens in the wee small hours. we've got rain that begins to touch lake county and then work its way into sonoma county by about 11:00 in the morning and over the central bay area by midmorning and presses south. by 5:00 this time tomorrow night the rain will pretty much be over the north bay but focused on the south bay in 24 hours. expect sunday to turn wet, not exactly the best conditions for the raiders taking on green bay packers tomorrow at 1:05. cloudy and showery, probably a little bit later in the game. temperatures will be near 59 degrees at game time. then down for the 49ers playing as well in the bay area and similarly, clouds and some showers tomorrow at 1:25 when they play. christmas week looks wet. low pressure will be spinning

off the pacific northwest and that means in far northern california they've got a lot of rain toward the oregon border. south of this jet we get lesser amounts for christmas week, total of about an inch and it's going to be wet on-again, off- again. not a very clear video connection but makes it interesting, doesn't it? increasing clouds tonight. rain will spread south on sunday. a rainy tuesday and thursday in the bay area. on-again, off-again rain, raining on sunday, on tuesday and on thursday. you'll see that in the extended forecast in a minute. same time winter weather advisories posted above 3,500 feet. there will be moderate snow by tomorrow evening with 4-12 inches of new snow in the 24 hours. slow travel likely. if you look ahead, some places picking up more than 2 feet of snow. donner summit 21 inches. 22 inches at bear valley. a foot and a half at half dome. if you're heading out of the

bay area tomorrow, you'll find rain all the way to sacramento. rain will turn to snow and it's all wet, the northern third of the state. overnight lows tonight, temperatures will be mostly in the 30s. sunrise at 7:21 tomorrow. in forecast highs, not that far off of where we should be this time of the year. readings bay wide will be mostly in the mid-50s. extended forecast is calling for rain spreading south tomorrow. monday a lingering shower or two. more rain comes in on tuesday, partly cloudy for wednesday, a bit of a break. more rain on thursday. by the time we head back into the weekend the numbers will be partly cloudy and cool, too. christmas right now looks like it's going to be dry but also looks like it's going to be cold. in the meantime expect things to turn wet. >> okay, we've been warned. we first met our student rising above when he was a 17- year-old high school senior in san jose. he arrived in this country an orphan, a teenager who spoke no

english. now wendy tokuda tells us he's a man with a knew title. 2002, hector rodriguez was a 17-year-old honor student at bellaman college prep in san jose. 13 years later watch the fuzzy home video closely as hector rodriguez is sworn in as a lawyer. >> congratulations. >> i've been waking up thinking that i'm not sure if it's true. >> you can't believe you're a lawyer? >> i'm waiting for somebody to tell me that, you know, you're not licensed yet. >> but he is. this is hector when he graduated from santa clara university school of law last year. >> it's always been very clearas to what my motivation has been. education has always been my medium, so to speak, that connects me with my parents. >> hector was allowed into the united states after hurricane mitch with a wave of immigrants from nicaragua. but he and his sisters were

orphans. their father was killed by a drunk driver when hector was in 8th grade. his mother overcome with grief took her own life. >> in two months, you know, that life, that family was just absolutely destroyed. >> reporter: hector and his sisters moved in with their aunt in san jose. he spoke no english when he arrived. >> if there was any word i wrote it down. i would go to the dictionary and find out what the word meant. >> reporter: he learned so quickly and his grades were so exceptional he got a scholarship to go to bellerman college prep. he graduated from boston college in 2006. we caught up with him back in the bay area with his mentor and his sisters. and we learned these three siblings really rose above together. >> i think the tragedy of what happened to their mom and dad brought them together in a very unique way. they're responsible for each other. >> every step we give we're

making sure we're holding hands. >> i know that my parents are probably looking down at him and just being happy. >> reporter: and our new attorney has also told us he feels his parents close by. >> they're with me every step. they're here with me today. i wasn't supposed to graduate from law school. none of the statistics say that that was possible, but the statistics are wrong if you just work hard at it and you believe that there's something bigger than you that is moving you. >> reporter: wendy tokuda, kpix 5. this holiday season consider the gift of education. you can help students like hector rise above and get through college. just go to cbssf.com/sra. we will be right back. ,,,,

who patiently teaches how ta feast comes to life. the "family" ...who spends their holiday dinner with thankful strangers. the neighbor...who shares the season with another. you inspire us to do everything we do... ...for goodness' sake.

wasn't... as the warriors hd welcome back. it was a payback game that really wasn't as the warriors hosted the bucs on friday night. even after the clock hit double 00 there was extra evident on the court. the warriors trailed before outscoring milwaukee en route to a win. the bucs are the team that handed golden state their first loss of the season last week. now after the game, the warriors and the bucs mayo got into it a little bit but green didn't feel like elaborating on what caused the minor scuffle. >> i'm not really into talk,

see. what you think he said he may not have said or he may have said, but just no man going to touch my head. i'm a grown man. >> luckily he doesn't play european soccer. even if you're not part of the nation it's hard not to like the warriors but they get little love from hall of famer charles barkley. he said the warriors couldn't win a championship because they were a jump smoothing team. the warriors chased the 1996 chicago bulls record of 72 wins. the tnt analyst was asked who he would pick if the two teams actually faced off. >> you're kidding me, right? that bulls team, come on, man. first of all, let me tell you something. i still like the spurs to win a championship this year. i'm telling you, just because these guys are beating up on inferior competition, don't overreact now. don't overreact.

>> we'll see about that. in his rookie season mack had four sacks. he's been working to cause chaos in the backfield and picked up a move or two from his team made aldon smith. now his next target will be aaron rodgers as they face the packers tomorrow. all the talk has been about mack and his franchise record tying five sacks against denver. he said he's never had in a real game or a video game. >> have you ever had five sacks in a game? >> no, no, never. probably on madden. that's it. >> [ inaudible ] there is a certain amount of time it takes to watch all his sacks. it's not a season highlight, you know. it's just really a half. i think it said 24 minutes, he had five of them. i'm just glad he's on my team. >> slayton valley looking for

the state title. first quarter, clayton valley trailing but eagles quarterback scores from a yard out to tie the game at 7. third quarter, narbon back out in front. shawn riley takes the handoff and he goes through the defense. nice move for a 27 yard t.d. run to make it 21-7. narbon goes on to win 28-14. the las vegas bowl at byu facing rival utah for the fourth time since 2013. an interesting game here. disaster struck for the cougars in the fourth quarter. down 21-0 when a pass is picked off and returned by dominic hatfield for a pick 6. byu turned it over five times in the fourth quarter and trailed but the cougars come back. magnum scores. next possession on third and one, joe williams gets it to the outside and that's good for a first down. so utah would run out the remainder of the clock and hang

on to beat the rival 35-28. they finish the season 10-3. new mexico playing in thenew mexico bowl, their first bowl game since 2007. third quarter wildcats leading and jarod baker scores on the 4- yard t.d. run. baker rushed for three t.d.s in the game. final minute, the lobos driving down the field. the pass is picked off by camdenton securing the win for the wildcats. 45-37 is the final. they finish the year 7-6. state playing against georgia state. we will have more on that later tonight. >> hopefully it's a good outcome. >> hopefully. leading 10-7 the last i saw. thanks so much for watching. that's it for us here at 5:30. we'll see you back here in half an hour. >> cbs evening yourself is next. updates are always on cbssf.com. have a good evening. ,,,,,,,,,,,,,,,,

>> axelrod: the democrats face off in their final debate of the year, but it's a computer breach taking center stage. the snow shuffles in to buffalo, finally, but no one's smiling at the weather out west. a hero's sacrifice: a high school football player dies in a shooting, shielding others with his body. and author mitch albom on the failure behind his grand-scale success. >> the effort that i put in, to achieve what i've been able to do in the world of writing, is a direct result of my failure. captioning sponsored by cbs this is the "cbs evening news." >> axelrod: good evening. i'm jim axelrod. and this is the western edition of the broadcast. with the first votes now set to be cast in a little more than six weeks, the democratic