by a fallen tree talks to kpix. ,,,, every day, the oil companies pollute our air. putting their... ...profits ahead of our kids' health. now they're trying to weaken california's clean air laws. i'm tom steyer. we've had a million kids get asthma. we need to send the oil companies a message. tell your legislator to stand up to the oil companies and protect our clean air laws. don't let the oil companies put their profits... ...ahead of our kids.

leaves a bay area mother zed. and tonight: live from the cbs bay area studios, this is kpix 5 news. >> a normal trip to the playground leaves a bay area mother paralyzed and tonight she's talking about her difficult road to recovery after a tree branch fell on her. good evening. i'm juliette goodrich. >> the 36-year-old mother is still in critical condition and new tonight she told kpix 5's joe vazquez why she is angry about the city's response to her accident. >> reporter: look above the playground here at washington square park and you can see the tree is still -- standing. the city has inspected it and it is healthy but i talked to the woman who was injured by the fallen branch and she tells me she's not happy with that answer. she's worried someone else could get hurt. >> my head, i feel very

painful. >> reporter: very painful? >> yeah. >> reporter: she is in hospital bed at san francisco general with a broken spine and a cracked school. she was sitting on the park bench water -- watching her two young daughters killing time before a dental apartment when suddenly a large pine branch broke loose and fell squarely on her head. >> did you hear anything? >> i don't hear anything. and then very quick -- >> reporter: she was knocked out cold. regained consciousness in the hospital. she said the doctors informed her she may end up paralyzed from the waist down. >> i can't move. i just laid there on the bench. >> reporter: her husband sells computer parts. she is a full-time mom. family members have set up a gofundme account to help with bills. >> nobody from the city -- >> reporter: the only call he's

gotten from the city is from the parks department and it was about the tree. >> they called me and said that the tree is healthy. and the tree is, nothing wrong with the tree. and why is it broken off? the tree is healthy, you know? it's not healthy. >> reporter: what do you think about that? they think the tree is okay now? >> it's not okay. no. i don't want anybody hurt, like me, you know? they should do something. >> reporter: joe vazquez, kpix 5. san jose police are looking for suspect in the shooting death of two men just before 9:00 tonight in the 900 block of south eighth street. police are investigating what led to the shooting the victim's names have not been released. a major power outage in east bay and the peninsula. pg&e says about 12,000 people are in the dark in san leandro and castro valley. causing bart delays systemwide. about 1500 people without power in millbrae and san bruno.

no word on the cause or when power will be restored. iconic landmark in san luis obispo county is shut down because of a raging wildfire. hearst castle is one of hundreds of structures threatened by the fast-moving chimney fire. now covers more than 27,000 acres near the historic estate. cal fire has set up a special base to protect the century-old structure. >> world renowned art inside. we have tapestries, furniture. we do have contingency plans in place in case we need them due to the fire. >> the chimney fire is now 35% contained, since it started a week ago it has destroyed nearly 50 structures. in lake county firefighters continued to gain control over the clayton fire. 95% contained, the wildfire tore through 14,000 acres destroying hundreds of homes and businesses. a clearlake man is in jail accused of intentionally starting that fire and more

than a dozen others. thousands of people affected by the blue cut fire in san bernardino county returned to their homes today. all evacuation orders have been lifted. the fire is now 85% contained. it broke out last week and has since burned more than 37,000 acres. new vaccine law is disrupting the start of the school year for scores of california students. kpix 5's maria medina shows us hundreds of kids in oakland are expected to miss class tomorrow. >> i am so excited! >> reporter: solomon guidry is ready for his first day of kindergarten. because his mom made sure he would be. >> we've learned that vaccinations can really help. >> reporter: solomon is up-to- date with his vaccinations. but the oakland unified school district spokesperson says hundreds of others may not be on the first day of school tomorrow. >> there could be a few hundred kids not immunized. we'll be encouraging them to get -- >> who cannot come to school. >> their parents may try to

drop them off and we have to turn them away. >> reporter: a new state law says moms and dads can no longer use personal or religious beliefs as a reason not to get kids immunized. which means this school year kindergartners and seventh graders must show proof of immunization. >> the one exception is if you had a personal belief exemption in place before january, you are accepted. >> we follow a pretty natural diet and lifestyle. >> reporter: solomon's mom says despite choosing to vaccinate her son, they lead a holistic lifestyle. and believe parents should still have choice. >> i think that that can be pretty dangerous. a.b. infringement on people's rights. they definitely think people should have options. >> reporter: also important to know the oakland unified school district spokesperson says those students who got their personal belief exemptions approved before january 1st of this year still need to get vaccinated when they reach seventh grade under the new law. in oakland, maria medina, kpix

5. hit and run ruptured a gas line outside a strip mall in east san jose forcing evacuations at about 1:00 p.m. a car plowed into a set of gas meters cheering them off from a line in the ground and speeding away. a full block was shut down, people had to leave the businesses, plus about pg&e got the line capped and police are looking for the driver. police in vallejo arrested a man involved in a fate -- fiddle hit and run accident. donald smith was booked into solano county jail but police are still -- still looking for 26-year-old taylor galan. this car was traveling south on sonoma boulevard earlier this month when it struck and killed matthew bennett. the car was later found abandoned in south vallejo. in san jose an overnight car chase ended in a crash, sending five teenagers to the hospital. police say the person chasing them was the owner of the car

the teens were accused of stealing. the crash happened on mclaughlin avenue. reporter devon feeley tells us what happened leading up to the crash. >> update on injuries. the driver is going to have a broken left arm. >> reporter: stolen cars owner says when he realized what was happening, he hopped into another car and started following after the fleeing suspect. >> that's all i know. we started following. >> reporter: it wasn't long before the suspect plant -- panicked and plowed into a parked car. >> he lost control. swerving, driving like a maniac. >> we need a few ambulances. the driver has a compound fracture. >> reporter: san jose police were -- will investigate the theft of the subsequent crash. the mission of the first firefighters was simply to rescue the five teenagers still trapped inside the car. >> our main priority is actual patient treatment and getting them to the hospital for further evaluation and then san

jose pd will follow up. >> reporter: a neighbor who witnessed the aftermath of the crash says what might have begun as a joyride could easily have ended. in tragedy. >> the first thing i'm thinking of is really simple and easy to follow the rules. you could think that something is going to be harmless and then it just lanes in big trouble. it puts other people in harm's way. >> reporter: devon feeley, kpix 5. campaign 2016 vice presidential nominee tim kaine was in the bay area. collecting cash for the clinton campaign. kaine attended fundraising events in san francisco, portola valley and in atherton. that's where hillary clinton will visit the bay area later this week for a fundraiser hosted by apple ceo tim cook. next week donald trump will hold a fundraiser in napa valley. a cbs news battleground tracker poll shows clinton is gaining ground in ohio while trump tries to present a new image to voters. wendy gillett breaks down the numbers. >> on november 8th, you've got to get out and vote.

>> reporter: top republican officials say donald trump is back on track after a series of controversies. >> i think he has shown maturity. i think he's growing in his role. he's a person who has never run for public office. >> reporter: the trump campaign has faltered. hillary clinton is now leading trump nationally by at least five points. a cbs news battleground tracker poll shows clinton has extended her lead in ohio to six points. improving two points since july. in iowa the candidates are even at 40% apiece. the only state with recent polling that doesn't show clinton leading. trump's new campaign manager kellyanne conway says voters are seeing a more focused candidate. >> this is the best week so far in the trump campaign. mostly because he's able to be himself. the authentic donald trump. but also the pivot he's made is on substance. >> reporter: clinton's team disagreed. >> we are not seeing a pivot. donald trump said this was not a pivot. >> reporter: trump announced his first ad buy of the

campaign. in terms of raising money clinton is far ahead. raking in a total of $326 million since 2015. more than twice of what trump has brought in. went and spent the weekend fundraising in massachusetts. and will hold more events monday in california. wendy gillett, cbs news, new york. members of trump's team say they are discussing whether they'll accept a debate schedule laid out for the fall. clinton team says it's time to agree to a schedule and move on. coming up california seeing its lowest arrest rate ever for minor drug and property crime. but it's not because fewer people are breaking the law. how voters played a huge role in the milestone. a disturbing find at the home of the late singer prince. what police say a bunch of counterfeit drugs turned out to be. the president of turkey is

blaming isis for the deadly terror attack at a wedding this,

due back in court tomorrrow. 36-year-old christina bankston of newark will appear in le on a east bay woman accused of harassing the kardashians is due back in court tomorrow. 36-year-old christina bankston of newark will appear in oakland to settle on a defense attorney. she's accused of stalking kris jenner and at least three of jenner's relatives. police say bankston hacked into

online accounts and impersonate her victims and tried to extort them. local shellfish industry taking another hit. warning about high levels of the chemical which can make seafood eaters ill. kpix 5's cate cauguiran talked to fishermen today in half moon bay. >> reporter: berry makes his living off the see. but after the california department of public health issued a warning to avoid eating raw crab from half moon bay, salmon is all he is selling today. according to the california department of public health, rock crab caught and tested in half moon bay showed domoic acid levels ten times more than the action level. which is 30 parts per million. the warning also includes bivalve shellfish, oysters, mussels, clams and scallops caught between pigeon point and monterey county. the restrictions are too tight. >> the old exchange the -- used

to be 50 parts per million. no one ever got sick. why is it 30 parts per million now? more realistic research has to be done. on it. because other countries aren't following the standard. >> reporter: the action levels have cut down business dramatically. especially during the last dungeness crab season when high domoic acid levels shut down most of dungeness crab fishing. >> we plan our bills to be in late november. insurance and stuff. finances are set up, this year, bang. stopped. >> reporter: that shutdown caused $48 million in losses for the crab industry. barry said some of his fellow fishermen went out of business. he said the state should work harder to find a fix. >> looking for the problem, look for the solution. at the end of the day, we don't want people getting sick. >> reporter: people say they won't take any chances with the new warning. >> they've been doing the test in the water.

they are the officials that tell us what we can and can't eat. so i'd listen to them. >> we wait until it's all clear. and we have time to worry about. it's not worth the effects of what it can do to your body. >> reporter: no illnesses reported so far. in half moon bay cate cauguiran, kpix 5. >> poisoning can hit people within 30 minutes of reading toxic seafood. mild symptoms include diarrhea and vomiting. more severe cases can cause seizures, coma and even death. arrest for minor drug and property crimes hit all-time low in california. largely the result of prop 47. the ballot initiative reduced many of those crimes from felonies to misdemeanors. an effort to clear out california's overcrowded jails and prisons. experts say there have been 52,000 fewer arrests overall since voters approved it in 2014. reports that counterfeit bills found at prince's estate contained the painkiller pen -- fentanyl. selected from the paisley park estate after his body was found

in april. autopsy results attribute it prince's death to an accidental fentanyl overdose. the sinker did not have a prescription for the drug. investigators are looking into whether he took the pills without knowing that fentanyl was in them. zika virus is a growing concern in miami where children return to school tomorrow. so far at least three dozen people in the area have been affected. david begnaud explains what's being done. >> reporter: this afternoon the florida department of health handed out free bug repellent at miami beach senior high. students from here and one other school in the new zika zone were encouraged to spray themselves before class tomorrow. melanie fishman's principal of southpoint elementary. >> there's kids that have asthma. >> reporter: the miami-dade school district handed out protective clothing, long sleeves and pants for student that needed it. proactive efforts taken by the school district have impressed

carol karp, whose son is entering high school. >> i commend their efforts. i think it's fantastic. >> reporter: 3300 kids will not be attending school in the 1.5- mile area where local zika transmission has been confirmed on miami beach. ashley beauregard is six months pregnant. the yoga teacher has canceled her baby shower. and now worries that her home 15 minutes north of this new zika zone may also be a vulnerable area. >> i just feel like, you know, it spread from wynwood to miami beach. cases that we know of. how many cases that we don't know of, could have spread further already. >> reporter: monday morning 7600 students are going to be going to class inside of a zika zone, now two zones in miami- dade county. superintendent of schools told us he thought about relocating some of the students. but decided not to. david begnaud, cbs news miami beach. the national institutes of

health say the zika virus could hang around for the u.s. for a year or two. the agency director told abc's this week that other gulf coast states besides florida are most vulnerable to the spread of the disease. i would not be surprised if we see cases in texas and louisiana particularly now where you have the situation with flooding in louisiana, a lot of problems getting rid of standing water. >> doctors say the big issue is muscular control but what's making things complicated is that the zika virus is also sexually transmitted. it's the last thing louisiana needed but the flood ravaged state received more rain today. another two to three inches fell as people trained their homes in last week's floodwaters, 3200 people are in shelter. but there is some good news in recovery efforts. more than $30 million in federal housing has been approved. back in the bay area, we had a little bit of rain in four east bay, roberto gonzales phoned in and said some of her

friends told her discovery bay, they had a few light showers. personal observations trump technology. and also around brentwood, a few light showers. they were popping via technology over the sierra. with afternoon heat generating thunderstorms, along the crest of that range. out here we had a nice day inland and low clouds along the shoreline. there you have 580 headlights coming towards san francisco. concord right now at 61, livermore 59. san jose 61. here is how it looks from high atop the west coast, high- pressure but not very strong. over northern california, there's a low spinning off shore and one the south. still continue with cloudy along the coast, and somewhat cooler temperatures inland tomorrow. low 80s, very nice day in the east bay. shoreline does look like overcast, and it's going to stay that way much of the week. a few high clouds over the east bay tomorrow.

and some low clouds near the shoreline. as the day goes on clouds bring back and come back in by tomorrow night we'll have the usual ebb and flow of low clouds and sunshine in the bay area for the entire week. temperatures won't change much. cool off tomorrow, warm back up by midweek. in either case not big swings. nice night for baseball tomorrow night, oakland will take on the indians under partly sunny skies, by 7:05 p.m., overnight lows mid-50s. sun up at 6:32 a.m., now to the bay area, thunderstorms in the sierra again but in the bay area unusually cool. san francisco only 63. concord is eight degrees below average, san jose 77. oakland 67. south bay tomorrow sunshine after some low clouds and mid- 70s, east bay very warm out of brentwood, otherwise low 80s for the most part. north bay tomorrow low clouds again to start your day. before temperatures recover to the mid-70s and plenty warm at ukiah lakeport clearlake and st. helena tomorrow.

extended forecast usual night and early morning low clouds, rinse and repeat. and we're going to have son in the afternoon, temperatures will begin to warm up to the near 90 degrees inland by midweek before cooling off as we get towards next weekend. still ahead at the rio olympics are over, but things are getting a chance to leave a parting gift of sorts for embattled swimmer ryan lochte.

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someone purchased steph curry's used mouthguard in an online au the winning bi proof that sports fans will buy just about anything. somebody purchased steph curry's used mouthguard in an online auction. winning bid? nearly $3200. apparently a fan found the mouthguard and the carrying case at a warriors road game last december. >> the olympics are over in rio but travelers are getting a

chance to leave parting words for ryan lochte. the swimmer came under fire for lying about being robbed. there's a giant mark worrell where visitors can write messages, the most popular message is, sorry about ryan lochte. a closer look one person had other words as you can see, in this picture. >> when we come back, the weekend box office, why the new ben-hur is being called an epic flop. ,,,,,,,,,,,,,,,,,,

the d-c comics adaptation remained numbe third we at the box office, comic book fans can't get enough of "suicide squad." the dc comics adaptation remains number 1 for the third week in a row and this time it earned nearly $21 million. coming in second is sausage party with more than 15 million followed by war dogs. ben-hur cost 100 million to make, but opening weekend raked in just $11.4 million. >> a slow starter. ,,,,

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