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and drink 43% more water every day. sodastream. love your water. say pointed an assault-style gun at officers inside a starbucks. they call it an assassin now at noon, we're getting the first look at the man police say pointed an assault-style gun at officers inside of a starbucks. they call it an attempted assassination. good afternoon, it's monday october 17th. i'm ann. michelle and kenneth have the a. police shot that man three times as he tried to run away. he was taken to the hospital with life-threatening injuries. kpix jaime ward live in vallejo with the latest details. >>reporter: two vallejo officers were at a coffee break at a starbucks when this went down

and police are calling this premeditated. powell drove by the starbucks and powell walked up to police and pointed an assault weapon at them. the two officers said that powell tried to fire the gun but it jammed up and officers jammed their weapons and powell fled out of the starbucks and onto magazine store. you can see powell as he head towards the starbucks and shortly afterward, he runs down a driveway. the chase ended near the interseion of magazine and sheridan when police shot powell three times. this is when they confiscated his weapon that had a -- it could hold 70 rounds and he had an additional handgun on him and wearing a soft body armor similar to what officers wear under their uniform. if powell's gun had gone off, this could have been a tragedy. >> the officers in general, around the country are in a

heighten sense of alert. these were two officers -- it wasn't -- they were sitting in a coffee shop, and you know, taking a small well deserved break. >> powell is the father of a 2-year old who police say was accidentally shot yesterday afternoon at a home here on canary court. police are still unsure if this shooting was in fact accidental. powell had fled the scene before police arrived. and police are trying to peace this together in what happened in vallejo. the 2-year old boy is in critical condition at a trauma center and powell is being treated for the three gunshot wounds at a nearby hospital and he's a convicted felon. he served time in past for drug related offenses and robbery. jackie ward in have halo. >> thanks jackie. in san francisco, we know the name of the suspect who died after police say he shot one of their officers in the head.

the police identified him as 26-year old nicholas of pacifica. he died yesterday. he was injured in a shootout with police on friday near the lake shore shopping center. investigators say he shot officer kevin downs in the head. officer downs is in critical condition this afternoon. sources says that mcwardo had mental problems. the hunt is on for the white pickup truck. this driver hit and killed a 70-year old person. she died on the way to the hospital. deputies hopes that witnesses will come forward with information. jury selection has begun in the capital murder trial of a man accused of kidnapping and killing sierra lamar 15 years ago. we're live at the courthouse where jurors are questioned for the garcia torres

case and this has been a long time coming. >>reporter: today is all about finding jurors who can actually stay for the duration of this trial which according to the judge could last until april of next year. our cameras were not allowed inside the courtroom today as the jury selection got underway, but here's video of garcia in court last month. he's accused of abducting and killing 15-year old sierra kidnapped while waiting for a bus 4 years ago. her body hasn't been found but prosecutors say dna leads them to garcia. >> the prosecution has to deal with the issue that they do not have a body and they're going to want to question the potential jurors, can they return a verdict of guilty when they don't have a body? >> i heard --

>> garcia is accused of attempting to kidnap other women in 2009 and he has fled not guilty of all charges. the judge by the way expecting to see 360 potential jurors just today alone. and something that was a little bit surprising inside the courtroom earlier, garcia torres actually stood up and addressed the potential juror saying good morning and thanking them for being inside the courtroom. something you don't see especially in a case like that. jury selection expected to take several weeks. some of the potential jurors not answering questions until mid-november. and again, the trial once it gets started is expected to last through spring of next year. reporting live in san jose, sandra osborne, kpix 5. now to campaign 2016. 21 days left until voters head to the polls. clinton maintains a slight lead over trump in the latest national polls, but as

craig dozen well shows us -- >>reporter: trump took to twitter earlier this morning to complain about his polling poll numbers because of -- i can't believe these totally phony stories, 100% made up by women and pushed by the press have impact. the latest cbs tracker poll shows trump trailing clinton among women voters by 15 points. over the weekend, trump blame media bias. >> the election is being rigged by corrupt media pushing false allegations and out right lies in an effort to elect hillary clinton as president. >> anger over the election is causing physical damage. a republican campaign office in north carolina was fire bombed over the weekend. no one was injured. the fbi released more of clinton's e-mail from its investigation into her private server while she was secretary of state. >> over the weekend, republican congressman jason said documents suggested that under secretary of state patrick kennedy offered

a trade to lower a clinton e-mail classification ranking in exchange for more fbi lots overseas and the fbi says the classification was not changed and there was no quid pro quo. with the prooes debate weeks away, they're concerning -- >> he stuck with a strategy and she has a choice to make. do i rise above that and go higher or positive or do i stick in the fight. >> clinton has not campaigned since friday and has no public event today. craig boswell, cbs news. the white house. >> trump has a rally tonight in wisconsin and he's blaming clinton for a firing bombing at a republican campaign office in north carolina. a democrat named david weinberger has set up a go fund me page to raise money to help rebuild that office. as kpix melissa cane explains, he's already reached his goal. >>reporter: you raised it within 41 minutes and the total amount is $13,000 raised and go fund me

page is closed at this point but the donations received from democrats was saying violence is never the answer. no one should feel afraid to participate in american democracy. >> trump and clinton facing off in their third and final debate in 2 days. last coverage starts at 6:00 wednesday night and you can watch it on kpix 5. the raiders could be closer to moving to investigate as -- in vega. this is far from a done deal. at least 24 of the 32 nfl owners have to approve any team move. raiders owner mark davis and his executives are expected to push forward approval tomorrow. that's when nfl owners begins 2 days of meetings in houston.

if they approve it, the raiders will play in oakland for 2 years while their new digs are being built. a rough -- aside from the expected boo's at the game, fans were selling this t-shirt in the parking lot. it reads wanted. notorious disgrace to america aa picture of kaepernick with a rifle site on his body. despite the most hostile -- a group of protestors didn't show solidarity with kaepernick. some had their fist raised in the air. kaepernick has rose not to stand during the national anthem to protest police brutality and racial injustice. marking a somber anniversary. the bay area reflects on the earthquake. we're looking what's being done to help with future disasters. and tesla delays announcements

and why elan musk says he needs more time before unveiling the company's latest project. from rain to wind, to snow and now you're not going to want to miss the video from yosemite where the water falls are flowing freely. you're full forecast as the news continues. we'll be right back.

in new jersey.. less than 3 weeks after a commuter train crashed.. killing real service is now fully restored at hobo terminal in new jersey less than 3 weeks after the commuter train crashed killing a woman on the platform and injuring more than 100 other people. the station is still undergoing repairs after that crash on september 29th. but officials say hobo terminal opened six more tracks. nevada's governor declared a state of emergency as firefighters work around the clock trying to contain a wild fire burning near reno. 3400 acres have been scorched and destroyed 4 homes. the fire started friday in an area northeast of lake tahoe and evacuations with in effect, but the recent rain has been a help for firefighters. that fire is 55% contained. closer to home, today marks a somber anniversary.

27 years since the loma pre-data earthquake. 2 -- the federal emergency management agency leveraged $201 million to reduce future damages from bay area earthquakes and fires. the rain has moved out and boy, let's take a walk this morning. it's gorgeous this morning, roberta. >> i want to give a shout out to yosemite conservatory for providing us with this beautiful scene. this is our live camera. and we have the confrontation ot bridal veil, skas cade veil flowing freely because of our recent rain causing havoc on the rain. beautiful conditions there at yosemite. they flow freely in march all the way until may and june. for the water falls, look at the snow on

the slide. look at the sierras. we have snow there. grand openn 33 days, and we have the rain here. a foot of rain in the santa cruz mountain. san francisco, over a full inch. over 5 inches at mount diablo and the hills of oakland, approaching 4 inches. it's live. not picking up a rain drop at all. we have the coastal flood advisory in effect until 3:00 this afternoon. some big surf out there. up to 14 feet. live with the camera looking towards angel island. temperatures pretty uniform into the 60s. 68 degrees in san jose. hi, charlie. here's our weather watcher in v2 inches of rain. system out of here. that was the third impulse since friday. what you need to know now, partly to mostly cloudy today. milder tomorrow and then the heat is on by mid-week. future cast illustrates clouds appear in the overnight hours and the -- we start to see the setup of

that offshore flow which means the coast will be clear and we'll have sunshine and clear conditions in our inland areas. today, just the cloud cover. 69 states capital. surf and heavy rain and snow in the tahoe areas and here's our temperatures in the 60s. unset at 6:29 and we would have enjoyed a day which the air is fresh and clean and look at the low 90s. >> i'm glad you're back from vacation. a state program is investing nearly $50 million in affordable housing in oak land. it's 110-unit housing project near the coliseum bart station will get more than $14 million. half those units expected to be below market rate. another project on east 12th street in merit will receive $18 million in funding. this 91-unit project will include bike, bus, and

pedestrian infrastructure connecting people who live there to downtown. latter today, a push to quiet noisy smart trains in marine county. the sub city council will consider county wide legislation to establish quiet zones after numerous neighbors complaints. if approved, train engineers will not have to blow their horns as they approach and pass through intersections. the council meeting starting at 7:00 tonight. next, the wine industry happening here today. we'll be right back. ,,,,,,,,,,,,,,

tobacco companies knew that smoking kills. and they lied about it for decades. now they're lying about prop 56. if you don't use tobacco, you don't pay. smokers pay - their fair share of the 3 billion in health care costs all taxpayers are paying now. and there's one more thing: our kids.

every state that's significantly raised tobacco taxes has reduced youth smoking. please. vote yes on 56. if we can save even a few lives, it's worth it. big product announcement. c-e-o elon musk originally tweeted that a big surprise was but now he says a tesla enthusiast will have to wait until wednesday until a product announce: ceo elan mussing tweeted a big e was expected today, but he says in a new tweet he needs time for refinement. speculation is a growing ahead of the big announcement. analyst expect a tesla suv. the new nike plus version of the apple watch series 2 will go to sale. apple posted an october 28th release date. the watch has a band which comes in four color combos with a nike watch face. it comes with an app that lets users connect and

compete with friends. let's take a look at the big board on this monday afternoon. dow is down just about 54 points. new at noon, forget classy. danielle nottingham shows us what's behind the trend the wine. >>reporter: wine is rolling out a new look. and andrew jones in central california is one of the first wine makers to do it. >> sounds like you're opening a beer. >> yeah. >> jones started putting wine in cans back in 2013. back then it made a 5% of his business. today, canned wine accounts for 40%. >> why wine in a can? >> real simple. it is the complicity and wine doesn't have to be ceremonial. >> canned wine currently makes up less than 1% of the market but the growth has been explosive.

sales doubled from $6.4 million to $14.5 million. whitney adams says wine in a can is portable, affordable, single serving and a hit with millennials. >> i think that's the way that things are headed. i think more and more, every month or two, a new wine comes out in a can. >> single cans retail for as low as $5. at field recordings, it's $8. four packs and 6 packs are available. >> it's not like you have to drink it that night. cans age better than the bottle because the light doesn't hit the -- >> whether you want something bubbly, there's a variety in a can to quench the thirst of every wine lover. danielle nottingham, paso robles. >> the fire department has a new fire boat. the price tag are $11.8 million. the boat's name was decided in a contest amongst school kids. what they named it

and how it will help the city is coming up later on kpix 5 news at 5:00. have you a consumer problem, call our consumer hotline and that's 888-5-helps u and the e-mail address is consumerwatch @cbssf.com. we'll be right back. ,,,,,,,,,,,,,,,,,,

one southern california pup is also a fan of "a finally at noon, if you have love for in and out, you're not alone. one pup in southern california is a fan of animal style. he's got over 92,000 followers. pop pay and his owner of los angeles seek out pet friendly dining options. and they post about them. >> they don't serve hot dogs. >> no, they do not. we're safe. and he's a rescue dog. >> we lor rescue dogs. >> thanks for joining us. have a great one. ,,,, ,,

♪ >> ridge: you seem far away. >> brooke: just thinking about a lot of things -- eric and quinn, eric's health, and now this. i can't believe that you tried to steal eric's power of attorney from quinn! >> ridge: i didn't try to steal it. i tried to appropriate it for the good of the family. you think this is better? >> brooke: no! >> ridge: quinn holding all the power? no, it's not better, is it? >> brooke: of course not. no. but did you really think you were gonna get away with it? >> ridge: no, not long-term -- just... long enough to protect the family and to protect my dad. desperate times, desperate measures, like... letting you may