are he's not backing down, colin kaepernick defending his right to sit out the national anthem next. ,, ♪ ♪ hey, is this our turn? honey...our turn? yeah, we go left right here. (woman vo) great adventures are still out there. we'll find them in our subaru outback. (avo) love. it's what makes a subaru, a subaru. get zero percent on select subaru models during the subaru a lot to love event, now through august thirty-first.

explaining his actions... tt some call un- american. good evening, i'm juliette goodrich. i'm brian hackney. kaepernick's protest has spd a national discussion about respect for the country vers freedom of speech. kpix fi's sandra osborne reports from cap ebbing neck's -- kaepernick's protest has sparked a national attention. kpix 5 osbourne speaks out. >> i will continue to sit andly continue to stand with the people. with that being the press. >> reporter: colin kaepernick refusing to stand during the national anthem. capper if kaepernick asked for an end to police brutality and more law enforcement training.

>> that is insane. >> reporter: he claims that the stance is not anti-military or un-american. instead he says he is exercising his right to not stand. he even added a charity event where players couldn't escape the controversy. >> we understand that colin will have his right and that we are going to let him express those rights. >> reporter: fellow players say they held meetings this weekend with kaepernick about the attention. they tell us he has remained seated through the national anthem through other pre- seasongames as well. >> he doesn't divide us. i meane have met and we had meetings and all that. but at the end of the day we are all brothers and we all love each other and we want the best we can to help the guy next to us, whether it is on the football field or off the football field. >> reporter: for those saying he is protesting the wrong way, kaepernick disagrees. >> it's a freedom that men and women that have fought for this country have given me this opportunity by the contributions that they have made.

and so i don't see it as going about it the wrong way. >> reporter: despite the controversy, fan turnout was strong for tonight's charity event aimed at helping kids and schools. kaepernick was here. in fact they lined up to take pictures. sandra osborne, cbs5. some catholic fans have been burning his jersey. but others respect his name for standing up his rights. kpix joe vazquez talked to people on both sides tonight. >> he said today he would continue not to stand. we should continue to not pay him. >> i say that he could have gone with a different route. >> reporter: the opinions are as diverse as the bay area itself. just as many say that they are angry he's sitting during the national anathemas those who say they are proud that he's standing up. >> mean ought to stand up. people that mean something, but

they don't give up. that they will keep doing what they were doing. >> he was just making a statement in a cause that he feels is important. >> there are better ways to -- to make a statement. people are burning his jerseys. >> people are going to do whatever they want to do. that's why it is america that they will have the freedom to do whatever they want. >> you spoiled piece of blank, i hope you get cut. >> reporter: there are a lot of opinions on this issue and many of them are more nuance than just whether colin kaepernick is doing the right thing. >> kaepernick is going to get out of the end zone. >> reporter: people are showing his fat bank account. >> if he is not there he might not make the team am i right? >> he doesn't feel appreciated by the fans or ownership. and i think that a little bit of this has something to do with that. but for the most part it is just like a lot of other minorities there, they are frustrated. it is the wrong way, but i

understand his cause and i'm behind him on that. >> reporter: joe vazquez kpix 5. >> kaepernick joins a list of other athletes that spoke out about it. he announced on stage that racial profiling needs to stop. several players are wearing a black warm up shirt in solidarity against recent police shootings. if you would like to see today's entire interview with colin kaepernick we have posted it on our website cbs5.com. new tonight police made an arrest in connection to walnut creek's first homicide of the year. officers arrested 24-year-old larry griffin at a home in bay point today, accused of shooting this man, three times in the back. brown later died at the hospital. the shooting happened downtown walnut creek. witnesses described seeing a man running away from the scene. new at 11:00, several homes

in los altos are without water after a water main break. those roads have been shut down. the cause of the break under investigation. they don't know when services will be restored. firefighters are battling a new wildfire, forcing evacuations this afternoon. the willow fire burned more than 458 acres. that one is now 15% contained. fire broke out at 1:00 a couple miles east of the gold mining town of san andreas. hirsch castle will reopen. the chimney fire got within two miles of the castle walls since it started in mid-august. the fire has burned more than 45,000 acres. it destroyed 49 homes. the fire is now more than half way contained. a chp officer opened fire on highway 101 after a man came at them with a knife.

it happened in belmont it is for hours as the confrontation started at 2:30 in the morning and they hoped the concrete barrier. walking -- police are working on detaining the man, but it did not work. >> ultimately the suspect pulled over a knife. >> the chp officer shot the man who is now under critical condition. no officers were injured. an east bay woman is dead after she crashed into a school gym in san leandro. police say that at 2:30 this morning the driver from oakland lost control at bankrupt avenue. the car hit the gym at bancroft middle school. two passengers were hurt. one in critical condition. a man is behind bars in the east bay accused of going on a stabbing spree at the fremont bart station. that the suspect robbed and stabbed two passengers with a

screwdriver. as their train approaches the station last night. then he ran off, attacking another man who was on a bike. all the victims are expected to be okay. a vigil was held today to remember the young woman the cousins of dwayne wade. surrounded by family and friends, she expressed the sorrow of her daughter. the mother of four was pushing a baby stroller on the south side of chicago while she was hit by the bullet. murder charges were announced between these two men. they were targeting somebody else. instead they shot and killed aldridge who was steps away. >> aldridge registered her child at school. she wasn't aware that she would be the headline of a national--

outline. >> he is saying that because police say that both the suspects are career criminals who were out on parole at the time of the shooting. well now on the presidential campaign earlier this week. donald trump suggested that he would soften the immigration policy, but did not explain how. today his team clarified his stance. >> he is not talking about deportation, but he is talking about being fair and humane, but also being fair to the american workers who are competing for a job, being fair to all of us that want to secure their border. >> local analysts say it is a part of an effort to attract minority reporters. speaking of donald trump who will be back in the bay area hosting a fundraiser in napa. but some clinton supporters are interested in the amount of money that he has made. >> just because hillary clinton is almost sure to carry

california in the presidential election. that's not stopping her reporters in san francisco from talking smack about donald trump. today the subject was taxes. >> every major presidential candidate for the past 48 years has released their tax return. that is a tradition. >> reporter: but trump defies political tradition on a daily basis. and he has resend his democratic opponent by not releasing his tax returns. some called for donald trump to reveal his personal financial situation. taxpayer has the right to keep their tax return quieted. but charitable contributions to business relationships say a lot. >> the public has a right to know what type of interest, potential conflicts of

interest, priorities, that our next president may or may not have. >> reporter: while most here are willing to forgive hillary clinton for wanting to keep her e-mails from public view, they are calling on her opponent to be more transparent in his dealings. >> when you step up to serve our country in that capacity, you actually have to let go of some of the privileges of privacy that the rest of us enjoy. >> reporter: while democrats are demanding to get a look at donald trump's tax figures, the real number that matters is 72. the number of day until the -- days until the election. still ahead an officer pulls off a last-second save with a train coming right at him. the dramassic rescue caught on camera. passengers delayed for ten hours. not because of weather, but because their pilots were being arrested. and double trouble for a part of florida. a storm threatening to dump rain. why that could maying the fight against the zika virus tougher. >> you know we might get a

lightning bolt or two this week. we will tell you why as we gaze towards the tranquil bay bridge. forecast is coming up. ,,,,,,,,,,,,

they were arrested in two united airline pilots are under arrest accused of fueling up on alcohol. they were arrested in scotland yesterday just moments before their flight to newark, new jersey. the flight was delayed for ten hours while united looked for

replacement pilots. both men are expected to be arraigned tomorrow. some heart stopping surveillance video just out of new jersey where a police officer pulled a man from a path of an oncoming train, just moments to spare. it happened friday at a station. here you can see the man struggling against the officer. that officer wouldn't give up even as the train moved closer and closer. it fulled -- it pulls into the station just one second after he pulls the man off the tracks. the transit officer victor ortiz is being called a hero. the streets of cincinnati look more like rivers. heavy rain lead to flash flooding. drivers had to sledge through the high water. power out for more than 13,000 people as well and some schools are closed tomorrow because of flood damage. but still at least one guy was enjoying it. just playing in the water. a double threat in south florida, the tropical storm

turning off the coast that could bring days of heavy rain. the extra water could become a breeding ground for mosquitoes in an area already struggling to contain the zika virus. >> reporter: sunbathers flock to miami beach on sunday to soak in the sun before the storms roll in. the ocean winds are expected to bring in several days of rain, including heavy downpours. right now the main concern at the shore is the strong rip current. on land, health officials want to make sure that pooling water from possible floods, that they do not turn into a widespread breeding ground for the mosquitoes turning the zika virus. property owners face a $1,000 fine for not getting rid of the pools of the standing water. in florida, 42 people have contracted the zika virus from local mosquitoes. and 38 of those cases, they are right here in miami dade county. cbs news, miami beach, florida. >> back here in the bay area, congresswoman let us sit in against gun violence today.

jackie spear lead the effort right after sunday services at church in san mateo. signs on easels would show recent shooting victims and an assault weapon used in massacres. after so many mass shootings, people may feelfrightened about public gatherings. >> you should be able to go to a church, a movie theater, you should be able to go to a school and a dance club and not fear for your life. we need to get same gun safety legislations passed in this country pure and simple. >> reporter: spear and other democrats are demanding votes in congress for universal background checks, preventing terrorists from buying firearms. police in hillsborough are looking for a package thief. they said a man swiped the package in the 500 block of runner drive. this man is of person of interest as a neighbor saw him walk away from a home with a package in hand. they realized that a burglary

happened at the same time. an east bay city is making progress of the plan to set up license plate readers to help investigators track down suspects. they expect to have 18 readers installed by the end of october as they will be in four intersections and on police cars. a new code of conduct establishes rules for sharing data with other police departments. they also have safeguards to prevent anyone from misusing the data. and tomorrow we are going to get an upclose look for the first of muni's 215 new light rail vehicles. san francisco mayor ed lee and representatives from the sfmta will be there at their rail manufacturing plant for the unveiling. plans as they continue to roll out the new fleet next year. people to the north felt some shake today about 2:20 this afternoon. a 4.5 magnitude earthquake hit near the small town of hay fork in trinity county about 60 miles west of redding. people felt it as far away as

eureka, but there are no reports of any damage or injuries. >> all right, that's good. but we have already talked about a little bit of rain. all the flooding that they are having out in cincinnati that rain will be a factor of the hawaiian islands especially because of this storm that will be headed towards the island chain to get there some time late tuesday and early wednesday. right now it is 600 miles east of hilo, hawaii with just 55 miles an hour winds. as time goes on that it will be updates just briefly before it gets to honolulu. it won't get to honolulu, but the big island. when it does it will bring winds of 60 miles an hour. still a tropical storm, but still in a way of a bit of rain at the surf. back here in the bay area things look fairly nighttime 52 at concord right now. tomorrow afternoon the numbers will not change. but there is a lot of juice coming up towards california mostly because of the moisture

that will be turned up by the tropical storm. look at the low to the west and the high to the south, the perfect corridor. channeling in some of the subtropical moisture towards northern california. that's why we say that by tomorrow afternoon and on tuesday the north bay would not be a surprise. in fact, we will see the high clouds from that tomorrow with the low clouds that will be the factor that has been now for what seems like an eternity. look at the high clouds towards the end of the day to make far gorgeous sunset tomorrow night and maybe a thunder bumper or two by sunday. we shall see. in the meantime more of the same with the lower 80s inland. pleasant weather in an unusual mid-august. 22 minutes before 7:00. and it looks like a fairly decent day with partly cloudy skies in the mountains and clouds bit coast. in san francisco, concord, san jose, oakland well below average for all of the locations in the bay area the

next couple of days. 79 for palo alto. 86 at morgan hill. over to the east bay, the low 80s will do it with very nice weather. plenty of sunshine in the east bay. north bay will have to dig out from the low clouds tomorrow morning before the sun breaks out all over. plenty warm for windsor and clover dale all in the 80s tomorrow. extended forecast is calling for high clouds and low clouds. numbers will remain in the 80s inland, 70s near the bay, which will hold through all the way for next weekend. but don't be surprised when you see the increasing high clouds and maybe the sound of thunder. we shall see. juliette? >> thank you, brian. tonight fans are mourning the loss of latin singer juan gabriel who died today at the age of 86. his bald lads -- his ballads about love and heartbreak is hugely popular around the globe. and another song called "dear" lead the charts of mexico for an entire year. when he performed on stage he loved to wear shiny silk

outfits or jackets covered if skins. he was last seen on angel's play. still ahead it might baa reason to apply to amazon. giving employees more time away from the office. i'm dennis o'donnell, coming up next on game day. what is colin kaepernick's future with the 49ers? >> i will continue to sit. >> we'll break it down for you. >> and he has done it again. >> a historical explosion from the giants at at&t and how the oakland a's have become allies in the giant's playoff quest. game day right after this newscast. ,,,,,,,,

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.

costumes and banners moved g market street a pride parade today in silicon valley. people with colorful costumes moved across market street in downtown san jose. it featured raggae. this year's theme was diversity, inclusion, and success. the silicon valley pride parade has been going on for 41 years. well bart riders will soon have a chance to be able to do a little shopping while they are waiting for their train. the transit agency is partnering with the san francisco-based developer transmart to attract businesses early in september. dunkin' donuts, oakland

retailers. oaklandish, the plan is to start with the busiest stations first in san francisco and oakland. well amazon is planning to test tonight an idea that could be good for their employee's productivity and their morale a 30-hour workweek. the online retail giant will let roughly a dozen people put in fewer hours, but still keep all their benefits. so work from 10:00 a.m. to 2:00 p.m. monday through thursday, then they will have flex hours the rest of the time to get up to 30 hours total. amazon is not the first to propose the shorter workweeks, but the largest to offer such a big reduction. and still ahead learning about life on mars without actually going to the red planet. people emerge from the latest nasa simulation right here other than the. ,,

♪ ,, amazing sleep stays with you all day and all night. sleep number beds with sleepiq technology give you the knowledge to adjust for the best sleep ever. the time is now for the biggest sale of the year, where all beds are on sale! save 50% on the labor day limited edition bed. know better sleep. only at a sleep number store.

and delivers a baby... on t side of the road. just in the nick of time a sheriff deputy goes beyond the call of duty delivering a baby on the side of the road. a texas couple was on their way to the hospital to welcome their first baby, but they had to pull over and call an ambulance. emergency responders couldn't get there fast enough, but the sheriff deputy could. and he swiftly took action, telling mom exactly what to do. >> breathe and push, breathe and push. i just kept giving her directions. and like a champ, she came through. >> he just took over the situation. he got bay we deliver -- baby delivered, safely, and made sure that everything was okay. >> awe, mom, dad, and baby eventually made it to the

hospital. the baby is happy weighing in at seven pounds, 14 ounces. now this question, what would it be like to live on that? mars. well a group of scientists in hawaii just found out. >> three, two, one, come on. >> for the first time they got to come out. pictures of them emerging from the mars simulation dome today. they spent a year inside. and they could only go outside while wearing a space suit. the simulation was the second longest of its kind in hawaii by the way. way up ton o open -- way up the volcano. and on the way to the box office, don't breathe. they brought in more than $26 million this weekend. that's more than double with their second place suicide squad earning. we'll be right back. don't breathe. ,,,,,,,,,,,,,,,,,,,,,,

boy, you're talking about

monday morning on sunday night. >> hope you had a great weekend. we'll see you tomorrow for more news. good night. ir 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. you've had a good long run. but your time is over. it's time for something new. something simple. grown right here in california

with absolutely no antibiotics ever. food we're comfortable eating. making. serving. this is the new comfort food. and it starts with foster farms simply raised chicken. california grown with no antibiotics ever. let's get comfortable with our food again. good evening everybody. welcome to game day i'm dennis o'donnell. the oakland a's, they will become big allies in the giant's pennant race. that story is coming up. but as we head into the nfl's final week of the pre- season, we will begin with a hot topic around the country, you know, he used to protect colin kaepernick. but today the vikings scorer, they went after him for the sitting during the national anthem, saying, "that is why obviously they will give kaepernick the right to do whatever he wants. at the same time he should have some blanking respect for people who serve and especially

people who lost their lives to protect freedom." today kaepernick is playing his disposition, meeting with the media after practice. bernie glenn was there. bern? >> reporter: he happens to be the most polarizing person on the 49ers football team, quarterback colin kaepernick. as to why he chose to sit out, the national anthem for these three pre-season games, he did it because of this. do you see that? and this. >> if you roll it up on my way. >> oh my god, are you serious? >> get down on the ground. >> are you serious? >> reporter: kaepernick had enough. for the third straight pre- season game he sat down friday night through the national anthem in protest. in disgust. a social and racial unrest in america. >> there is a lot of things that will need to change. and one specifically, police brutality. there is people being