this is kpix 5 news at noon . a saratoga neighborhood turns into a crime scene after a santa clara county sheriff's deputy ended up shooting and killing a man. good afternoon. it is tuesday, september 13. i am kenny choi. michelle griego is out on assignment.

it all happened after sheriff deputies say the man would not drop his handgun. kpix 5's jackie ward is live in our newsroom : the investigation. >> reporter: what started out as a welfare call started out with a man shot dead by a sheriff's deputy. it happened just before 8 pm on the 12,000 block of titus avenue in saratoga. the santa clara county sheriff's department says deputies had been at the house for almost an hour attempting to make contact with the person inside. deputies eventually went around the back of the house and that is where they found the man holding a firearm and aiming it at them. we are told the deputies demanded several times that the man drop the gun but he did not cooperate.>> our sheriff's deputy shot of the individual. he was later transferred to a hospital and pronounced deceased . >> reporter: this happened near christa mcauliffe elementary. at one point, both drivers to the school had been closed. they have since been reopened. the main road to the school is cut off forcing parents to go to the back way.

that'll help support will be available to any students who have questions about the police presence.>> they will ask lots of questions. the nice thing about this school is they open their classrooms with community meetings. they are used to that. they will take that process and i'm sure use it to answer the children's questions. >> reporter: none of the classes have been interrupted today. beauties had previously been to the house where the shooting happened and were there last night because they had not heard from the man in several weeks. at this point of investigation, it is unclear if the man who was shot had fired his weapon at deputies. we also don't know how many times the victim was shot. the deputy who shot the man is being described as a veteran deputy. in the newsroom, jackie ward, kpix 5 an internal investigation shows no sign of criminal investigation among richmond police officers in condition -- connection with a sex scandal. the police chief wrote that some of his officers engaged in

misconduct and other wrongdoings. some will be terminated and counseling will be recommended for others. just last week, the alameda county district attorney's office announced that seven bay area officers will likely face area -- various criminal charges in the case. the woman at the center of the scandal goes by the name of celeste squad. she claims that she had sacks with numerous bay area law enforcement officers and in some cases when she was under the age of 18. she is currently in jail in martin county, florida accused of biting a security guard at a rehab center. a prosecutor reduced her felony battery charge to a misdemeanor yesterday. the santa clara sheriff's department is looking for someone who severely beaten elderly woman in her home just before 8 pm last night. sheriff deputies were called to a home on the 200 block of north craigmont in east san jose. they are commonly found in 88- year-old woman badly beat up. the woman said that she lived alone and her home had been ransacked your jewelry she was wearing had also been taken as

well as her car that was parked in the garage. the victim is currently in the icu recovering from significant facial and head trauma. the sheriff's office is reviewing surveillance video from homes in the area to try to learn more about the suspect. a court case is weighing the right of the city to warn cell phone users of potential health hazards. kpix 5's anne makovec read ports -- reports on berkeley's writing a lot.>> reporter: today's hearing was an attempt i the cell phone. they were to block berkeley's cell phone morning lot. in march. it requires cell phone retailers to post a cell phone safety notification or provide a copy to consumers reminding phone users to read the manufacturer safety information in the cell phones user manual. the cell phone industry argues it violates the first amendment forcing wireless retailers to distribute speech they may not agree with.>> berkeley's cell phone ordinance mandates an

alarming point of view cell phone safety warning intended to change consumers behavior that is squarely contrary to science. >> reporter: since there is a lack of scientific evidence on the actual long-term risk home of the city of berkeley says the warning is fair and the case should be thrown out. >> think of it as a multinational corporate detail. >> reporter: the spca recommends keeping your phone 5 mm away from your body depending on the model to limit exposure. there is no time limit for the three judges to decide on this case. it could take months. in san francisco, anne makovec , kpix 5 a magnitude 3.5 earthquake struck just before 1 am in the east bay. the quake was centered in oakland west of highway 13. it was south of lincoln avenue. the usgs says it had a depth of about 3 miles. many people from pittsburgh to san francisco reported feeling

it. there are no reports of damage or injuries. the most crooked tourist attraction in san francisco may be getting out of control. neighbors on mulberry street say it feels more like a party scene that a tourist attraction. the county is conducting studies and brainstorming ways to control crowds in that area work some ideas being tossed around include banning cars, adding tolls or requiring reservations. a meeting is scheduled for 6 pm. the board that covers marion general hospital is expected to decide whether it can allow patients to use medical marijuana in the facility. marijuana should be treated like any other legally prescribed medicine. the resolution wouldn't allow patients to smoke pot because smoking is banned at the hospital. if the proposal is passed, they will be the first hospital in the state to allow marijuana use. hillary clinton is

taking another day to recuperate from pneumonia as her campaign deals with questions about of her health and transparency. as craig boswell reports, donald trump says he won't release more information about his health this week. >> hillary clinton's campaign admits it could have released more information about her pneumonia more quickly. >> i did not think it was going to be that big of deal. >> reporter: the democratic presidential nominee was diagnosed on friday but did not tell the public until after video surfaced of her stumbling into a van on sunday. bill clinton tells charlie rose this has happened to his wife on more than one occasion. >> the same sort of thing has happened to her when she also really dehydrated.>> reporter: at a campaign stop, joe biden had lent wirtzberger campaign.>> the staff acknowledged they should have said she has been diagnosed with pneumonia and

she should have listened to the doctor. >> reporter: the clinton campaign said it will release more for medical information in the coming days. lynton's rival also plans to release more medical information on thursday. trump is giving clinton a path -- pass on his health. >> you cannot run for president if you have such contempt in your heart for the american voters. >> reporter: the republican presidential nominee will appear with his daughter ivanka tonight to lay out his proposals to make childcare more affordable for working families. craig boswell, cbs news, the white house. >> bill clinton will fill in for his wife at events in california today and nevada tomorrow. overseas, a temporary cease- fire in syria continues to hold which went into effect at sundown. it will allow for deliveries of humanitarian aid. us officials hope it will eventually pave the way for an end to the countries bloody

civil war. more backlash over controversial issue. how the ncaa is fighting back against north carolina's bathroom bill. what 49ers quarterback colin kaepernick had to say to an espn analyst who said that his role as a backup is to sit in the shadows. it has been such an interesting day. we dipped down to 48 overnight in the livermore area. we did have some spotty showers. now, what you can anticipate for the afternoon. the full forecast is coming up. ,,,,,,,,,,,,,,,,

protest a state law. as kenneth craig reports: klash against hous

the ncaa won't play basketball in north carolina this year to protest a state law . kenneth craig reports the move is the latest backlash against hb2 which some say can lead to discrimination. >> the ncaa says its decision to pull seven college championship events out of north carolina is a direct result of hb2, a state law that opponents say allows discrimination of lgbt people. >> bareness and inclusion are right at the heart of what the ncaa does and what universities do. for our university presidents, this was the no-brainer. >> reporter: hb2 requires transgender people to use public bathrooms corresponding to the sex on their birth certificate. it also excludes gender identity and sexual orientation from antidiscrimination protection. state republicans call the ncaa's decision absurd and silly. >> i don't know what the ncaa

things they are doing but they are not standing up for the privacy and safety of their athletes. if they were, they would care far more about the women who are being raped by football players. >> reporter: in july, the nba announced it was moving the 2017 all-star game from charlotte to new orleans because of the law. state democrats feared more fallout. >> having the worst anti-lgbt law in the nation on the books is deadly for the north carolina economy, for tourism and for our continued ability to host critical events like ncaa tournament games. >> reporter: the ncaa says it would decide on future tournaments early next year. kenneth craig, cbs news. >> the atlantic conference says its counsel presence will discuss how the law might affect acc tournament games including its football championship at a meeting later this week. a public restroom bill in california is moving to governor jerry brown desk for consideration. the bill-when an bilking of san francisco calls for single user

restrooms to be labeled all gender. the governor has given no indication of whether he will sign it into law. rick scott goes to capitol hill to lobby for zika funding. this comes as the state is reporting it were cases. there is now a total of 64 people infected with virus from local mosquitoes. this week, the president urged congressional leaders to provide more money to fight the virus and prevent a government shutdown. he says he is hopeful that both matters will be resolved in the coming weeks. a shift in management teams is hoping to bring relief to firefighters continue to battle the sober on his fire. the alaska incident management team has been fighting the fast- moving flames but starting today, the california interagency management team is now taking over command. heat, wind and dry conditions have made this fire extremely difficult to conquer making air support especially critical. the fire is 60% contained. let's say hello to roberta

for our weather. >> what an interesting day it has been. we are well below our averages as far as temperatures are concerned. we have had snow in tahoe. this was sent to me by lily pain. she lives in tahoe on the south shore. she woke up, looked at her window and saw a dusting of snow. the national weather service in sacramento confirms that was happening. look at the dusting there. let's head to kirkwood with nice snow on the camera lens. that is the same area of low pressure that is producing these clouds over the bay area this morning circuit wiped out the marine layer early. is breezing through and pulling in the cooler air mass. our numbers are in the 60s after dipping to 40 degrees this morning. it is now 67 degrees in livermore. the winds have been picking up

to 10 miles per hour from oakland the redwood city all the way into fremont. these winds will increase to 20 miles per hour during the afternoon hours. dana is our weather watcher and she is in nevada. she says she had a low of 52 degrees this morning and she still has some old in the sky. -- fog in the sky. the temperatures have averaged about 10 degrees below where we should be. that is the low. it is the precipitation associated with the. you can see the wrap around moisture trying to head back in a westerly direction. we didn't see anywhere from three 100s eight 100's of an inch of measurable precipitation in the scott valley area. high pressure will firmly build in from wednesday through friday. we will be back where we should be for this time of year. 60s and 70s for the weekend. sunset is at 7:20 pm. by then, overnight lows will be

between 48 and 55. temperatures today will be up to 77. we begin to warm under the influence of high pressure tomorrow. seasonal temperatures will be over the weekend. if you are heading out to the giants game, dress in layers and do a lot of clapping to warm your hands. 49ers backup order back colin kaepernick to meet during the national anthem last night. after the game, he responded to comments made by espn analyst who said that his job as a backup is to be quiet and sit in the shadows. >> to me, you are telling me that my position as a backup quarterback and being quiet is more important than people's lives. >> after nick has been protesting what he calls the oppression of people of color. he was hoping for redemption after a scandal in rio. instead, ryan lochte was met with protests after his dancing

with the stars debut last night. >> at that moment, i was heartbroken. my heart just sunk. it felt like someone ripped it apart. then i had to brush it off. i had to realize that i came out here in front of millions and did something that i don't know how to do. >> instagram video shows two men being detained on the stage while others chanted liar, liar. preorder problems. why apple customers who are expecting to get their new iphone seven this friday might have to wait a little longer. ,,,,,,,,

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having a few minor problems... with

the pre-order system for its latest iphone model. apple is having a few minor problems with the preorder system for its latest phone model. according to mac rumors, a website dedicated to apple news, customers on the iphone upgrade program were put in a separate category than the general preorders. this resulted in upgrade customers reserving their iphone 7 directly from local apple stores which were already sold out. apple is now working on a

solution. affording an electric car that can go more than 200 miles per charge is now within reach. the chevrolet volt goes on sale later this year for $37,500 before a tax credit. by comparison, tesla's lowest cost model s is 66,000 before the credit. tesla makes a car that can go about 350 miles per charge starts at $134,000 without the credit. take a look at how stocks are doing. the dow jones is down big, 251 points. off the court and focusing on technology. where steph curry will be talking start up this afternoon. ,,,,,,,,,,,,,,,,,,

ale event got if you are a warriors season-ticket holder, you can buy tickets for the upcoming season. the first preseason sale got underway a few minutes ago. general admission go on sale thursday and at the box office at 10 am. steph curry will be taking part in day to of text crunch disrupt this afternoon. the warriors point guard will speak about his involvement with the content management start up cold slice. he will touch on his work with the united nations foundation called nothing but net which is a global moment to save lives by his fighting malaria. you

have to protect yourself from the cold today and make sure you have a jacket or sweater. it is like autumn out there. officially it arrives in nine days. look at that sky. we have unseasonably cool temperatures. here is one more time of the snow in the late taco aerie -- lake tahoe area. >> have a great day everyone.

♪ >> steffy: you and quinn are engaged? you proposed to her? take it off! >> eric: steffy, listen to me. >> steffy: no, take it back, granddad! take it back! >> eric: i asked her to marry me, and she accepted. >> steffy: no. granddad -- >> eric: quinn and i are getting married. >> steffy: no, this can't happen, granddad! no! no! >> bill: am i interrupting? >> brooke: hi! >> bill: hi. >> brooke: i didn't know you were coming by. >> bill: apparently not. what'd i walk in on? >> ridge: a private conversation. >> bill: a private conversation. huh. well, in that case, i'm gonna have to use my powers of deductive reasoning... i got it.