soccer moms, why that group is key to making it legal in california next.

suspects in a deadly shooting. it live from the cbs bay area studios this is kpix5 news. breaking news, police are searching for two suspects in a deadly shooting. >> it happened in hayward shooting. a source tells cbs5 two people were killed. >> shots rang out around 8:30 tonight, no information about the suspect at this point. >> we'll bring you updates when we get them. on to campaign 2016 and a bombshell two days before the election, hillary clinton is cleared in the fbi investigation into her e-mails. kpix5's cate cauguiran is here with more. >> this is welcome news to hillary clinton's camp and in the final stretch of the race democrats say she's cleared, let's move on, but republicans still insist clinton broke the law. two days away from the

presidential election and tonight former secretary of state hillary clinton and her campaign are celebrating. >> we're glad this matter is resolved. >> reporter: earlier today fbi director james comey said investigators founding in to criminally charge clinton. two weeks ago investigators found a new batch of e-mails from a laptop longing to anthony weiner, estranged husband of clinton's top aide huma abedin. the documents were mostly duplicates. clinton avoided the controversy on the campaign trail. >> it is a choice between division or unity, between strong, steady leadership or a loose cannon. >> reporter: now comey's leadership has come into question since the latest investigation into this set of e-mails started. even president obama publicly criticized how it was handled. kpix5's security analyst and former phish assistant special agent in charge -- fbi assistant special agent in charge jeff hart. >> as an fbi director, if

you're really doing your job, you'll make congress mad because you'll do an investigation regardless of political party. >> reporter: hart says criticism from either political party comes with the territory in any fbi investigation. >> what if they did have something and didn't release it until after the election? people would say why didn't you tell before ushand? >> reporter: bay area congressman eric swalwell. >> many states do not have early voting and many of those are swing states. in new hampshire voters go to the polls tuesday and anyone undecided there has no excuse now for being undecided. >> but some damage may be done. since the latest round of clinton's e-mails were released donald trump has tightened the gap in national polls. >> the cbs news battleground tracker poll shows trump with a one point lead in ohio. in florida the candidates are tied with 45% each. nationally the latest average of several polls has clinton ahead by about two points.

donald trump isn't taking the news today about the clinton investigation lying down as he makes his final push through swing states. kpix5's joe vazquez tells us he's swinging back at fbi. >> a few days ago trump was praising director comey, today not so much. sterling heights, michigan, donald trump said the fbi director's newest letter exonerating clinton is evidence of corruption. >> right now she is being protected by a totally rig system. i've been saying it for a long time. you can't review 650,000 new e- mails in eight days. you can't do it, folks. >> reporter: the republican nominee has been keeping to his script as the election draws near. he's been able to stay disciplined in part because his staff recently wrestled his twitter account away. >> they have so little confidence in his self-control they said we're just going to take away your twitter.

now if somebody can't handle a twitter account, they can't handle the nuclear codes. >> reporter: yesterday in reno trump endured a security scare. kpix5 was there as secret service agents whisked trump away mid-speech. turns out it was a protester with a sign, but somebody in the crowd panicked and said they thought they saw a gun. members of the crowd punched and kicked the man until police pulled him away in cuffs. i was there last night. it was very chaotic. the protester was later released. he said he's actually a republican and said the cops plight have saved his life. -- might have saved his life. >> it looked like it at the scene. you were there when it happened. you've been in reno a few days in nevada. what's it like out in reno? >> it is close, looks like clinton is ahead by just aless, but it's very contentious.

here's something interesting. as we were driving around, we had trouble finding any campaign signs that said trump or clinton on them. that's sort of counterintuitive. the fact is i talked to a lot of reno residents who said they don't want their neighbor to know how they're voting. they are tired of the fight and tired of the election with two days to go. >> i think we kind of all know how they feel. the 7 is on for the person who -- search is on for the person who vandalized campaign signs on one of the main routes to the napa valley wine country. signs for school board, city council and mayoral candidates are torn. someone spray painted the word trump several times. there could be long lines on tuesday. kpix5's devin fehely went to the south bay where one county just got the help it needed to

handle the crowds. >> reporter: this is democracy in action, long voter lanes in santa clara to cast their ballots in tuesday's history making election. >> government is an imperfect thing. it has has been, always will be. considering it was what it was on a sunday i think it moved pretty quick. >> it was a new experience for me, but in a way it was exciting to see that that many people are interested in voting early and performing their civic duty. >> reporter: the registrar of voters was bracing for what they feared could be a perfect storm, a shortage in volunteers and higher than average turnout for election, but a last minute recruitment insured they'll be fully staffed come election day. >> we really relied on the community to help democracy support us and we've gotten great responses. >> reporter: that doesn't mean there's not a tremendous amount of work to be done before the polls close tuesday night. the can. has already collected more than

-- the county has already collected more than 300,000 vote by mail ballots and volunteers have started the daunting work of sorting those ballots. >> we have a number of different safeguards and procedures we use to make sure every vote that should be counted is counted. >> during the day tuesday poll workers in santa clara and sonoma county will pick up ballots and take them back to the registrar's office before the polls close to help speed up the counting process. meanwhile ail lot of bay area -- a lot of bay area votes are already being tallied. workers were busy all day tabulating early and mail-in ballots. >> join us tuesday for extensive election night coverage. we'll also have reports from our political insiders phil matier, melissa caen and the rest of the kpix5 team. san jose police arrested a man they believe was responsible for ramming an

officer's car last month. detectives tracked down juan aguilar early this morning. they say he was driving a stolen car. he's in jail now for assault with a deadly weapon on an officer among other charges. police say he was in a difference stolen car when he rammed a police cruiser last month. officers opened fire, but the suspect got away and police found the car nearby. chp said a young man died after racing his car through santa clara, then trashing into a tree this afternoon. the chevy camaro caught fire and you can see the twisted wreckage left behind there. witnesses said the man and another driver were racing. the another driver took off. a man in his 70s was swept into the surf and killed while fishing in pescadero today near pigeon point lighthouse. the man was standing on the rocks when a wave knocked him over. the surf was at least 15 feet high at the time. rescuers found his body an hour later. the suspects accused of

killing an alameda county sheriff's department volunteer will face a judge for the first time this week. laura rogers is scheduled to be arraigned tomorrow and curtis taylor on tuesday both held without bond at the santa rita jail on homicide charges. the body of karla ramirez segoviano was found wednesday at a city park in oakland stabbed beaten and burned. a love triangle may have been the motive behind the murder. rallying to keep the raiders in oakland, many fans made it clear today they won't follow the team if they move to vegas, kpix5's jessica flores with their strong message. >> keep the team in oakland. don't go to vegas. >> don't go no place. >> reporter: at the raiders game in the ground and on the sky a strong message to raiders owner mark davis and the city of las vegas.

fans with stay in oakland flyers expressing resensement over the real possibility davis could move the team to nevada. >> oh, i'm beyond mad. >> we're not going away quietly. >> i fell betrayed. >> it's like waiting for the election on tuesday like waiting for that other shoe to drop waiting for mark davis to say something. >> reporter: still the team is clearing the path. nevada lawmakers already approved 750 million taxpayer dollars for a new stadium. meanwhile oakland city leaders have pledged no public financing for a stadium here, but the raiders still need 24 team owners to approve relocation. >> the fan base is here, not in las vegas. >> reporter: just as fans are hopeful about their team season, there's a surge of emotions about what lies ahead. >> we're facing our first winning season in 10 years and yet we are facing our own

beloved raiders and our owner trying to relocate our team. that's just not fair. >> reporter: one thing is for sure. mark davis said the team will stay in oakland the next two years. i'm jessica flores, kpix5. >> they really don't have anywhere else to go. meanwhile in the south bay the 49ers are struggling to fill seats at levi's stadium. the browns are the only team doing worse than the 49ers. tickets for the game against the saints today were going for as little as $28 on stubhub, less than it costs to park at the stadium. still ahead the fate of legalized pot in california in the hands of soccer moms? >> how thisone group of voters could make all the difference. >> and a major quake rattles oklahoma the tonight they're just beginning to get a look at the damage. >> why one mom could go to

jail for sharing a homemade meal. >> closed captioning for this newscast is sponsored by living spaces furniture.

today. here's just some of the damage. police blocked off the downtown area of cushing..which is about a magnitude 5.0 earthquake shook central oklahoma today. police blocked off the downtown area of cushing which is about an hour west of tulsa. the roof caved in on one homeowner and debris was all over the floor. >> i happened to look up and i

sauer it looked like the creel was about to -- swear it looked like the ceiling was about to collapse on me. it was scary and i'm still shook up about it. >> the quake was felt as far away as kansas city, missouri, and little rock, arkansas. oklahoma has had many quakes in recent years. most have been traced to the underground injection of wastewater. soccer moms could be key to the biggest item on the california ballot. as kpix5's wilson walker explains, they just might be the unlikely secret behind a big victory for marijuana. >> reporter: welcome back, everybody, to a special everybody of the grow show on cannabisradio.com. >> reporter: long time marijuana radio activist is on the air talking politics. he is also a world renown

marijuana grower positioning himself for a world post 64. >> about 125 plants. >> reporter: but to get these plants legalized for recreational use he needs some help from someone you might consider an ally. >> soccer moms are going to vote yes. >> the voucher moms are very pro -- soccer moms are very pro choice. >> reporter: soccer moms never really went away. >> i was just your average hockey mom in alaska. >> reporter: hockey, soccer, whatever, this is the demographic that will likely decide prop 64. >> voters with children are more likely to be in opposition. >> reporter: this was the campaign consultant for prop 19 in 2010. >> didn't work out, got closer than i think a lot of people expected us to get. >> reporter: he blames the loss on one specific problem. >> the parent issue, soccer moms, if you will. >> i've never liked marijuana.

>> reporter: it's no coincidence the ads are rolling out. >> children to be exposed to ads promoting marijuana gummy candy and brownies. >> reporter: how will parents vote? our exclusive kpix5 survey usa poll shows 48% of californians with children under age 18 are in favor of legalization. it's important to remember prop 64 doesn't need a clear majority of those voters. they just need enough of them. for our purposes we'll call margaret garu baseball mom. >> i certainly don't want my kids smoking pot, but we will raise our kids to make good choices and you educate them. >> reporter: where did she land? >> i voted yes. >> reporter: that might be the story tuesday night, just enough margarets in the most populous state in the country will likely go green. >> people have asked me for years when do i think marijuana will be legalized and i always

say when they're ready for it, when set to as a whole is ready for it. >> yeah. it kind of seems the tide is going that way. >> reporter: in san francisco wilson walker, kpix5. we all know morning commutes conclude a pain, bumper to bumper traffic. now tide line marine group sets sail monday with a 40 person water taxi from marine bay harbor in richmond to a pier by the ferry building in san francisco. the fair takes about 35 minutes and costs $22 round trip. >> let's face it. the san francisco bay is totally underutilized. there's room for all sorts of water transportation vehicles to go to and from. >> riders have to buy tickets online. operators are starting slow offering departures at 7:00 and 8:15 a.m. in richmond and you can leave san francisco in the afternoon at 5:00 and 6:00.

runners took part in the golden gate half marathon and 5k today. participants from 47 states and 30 country took part in this soldout event, the 15th year for the run. a woman from kenya has won the new york city marathon the third straight time. 34-year-old mary catani acrossed crossed the finish line several minutes in front of the next competitors. eric trea came out on top for the men. >> looks like they had a nice day for that. >> absolutely. tonight we've got some fog around the bay area as you can see, the golden gate bridge at the south anchorage by the toll plaza is just hazy at this hour. maybe you can't see it. oakland 61, winds dead calm for

many reporting stations throughout the bay area with partly cloudy to mostly cloudy skies. radar shows us with low pressure still spinning in the gulf of alaska. it won't do much this week even as high pressure slowly directs that moisture stream to the north and any moisture coming in off the pacific is pretty much just giving it up as it gets towards california. there's just nothing left in terms of rain. tomorrow we get a few high clouds. in fact, on the futurecast we'll freeze this around midday. you can see the clouds we start with tomorrow morning pretty much disappear pitch midday. we'll get a few racks of high clouds floating over from time to time and nothing of rain until a little hint of rain comes in saturday in the north bay. for tomorrow partly cloudy skies and then sun midweek as high pressure reach asserts itself and then a mostly dry and warm week right through next weekend with as they say on saturday maybe a few light showers for the north bay, but that would be it. if you're heading out of the bay area tomorrow, redding has mostly cloudy skies, but so

does eureka and mendocino. monterey will get son in the afternoon, as does sacramento and fresno. for the bay area overnight tonight upper 40s, low to mid- 50s and sun-up 18 minutes before 7 a.m., the first time in a while we'll see the sun out heading to work early tomorrow morning. daytime highs tomorrow will be a little warmer than average in most spots, san francisco 68, in san jose74 and oakland 79. about the same story for the east bay, 70 at walnut creek, 72 san ramon, north bay cooler and more clouds tomorrow, but we'll get peeks of sun as the day goes on, temperatures in the supper 60s and pretty much the same for ukiah and clovedale. extended forecast, we'll look for things to warm up, mid-70s midweek, sunshine, a few clouds by the weekend and maybe a few showers saturday.

stay tuned. paul deanno will have the latest as the week wears on for that. that's weather, a lot happening in sports. here's dennis. i'm dennis o'donnell. next on gameday was this the biggest raider win in 14 years? >> we like not getting credit. we like not getting respect. >> the 49ers gave up another 500 yards in their latest blowout. >> i just feel like every team circles us on their calendar. >> we've got andrea nakano with the 49ers. vern glenn is with the raiders. nfl wrap-up super sunday coming up. ,,,,,,,,

the u.s. is the beacon of freedom around the world. those of us who served in the military are very proud of that. i believe very, very strongly in our country and what we stand for. i went to iraq in 2004 to fight for freedom. for generations, our troops have sacrificed for our freedoms. one of the most important things we do is vote - to protect that freedom.

i'm tom steyer. let's make the people we're so proud of, proud of us. please. vote. vote. vote. vote.

delaware... when an air cannon meant to shoot pumpkins... exploded. it happened this afternoon during what was supposed to be fun and games went horribly wrong in delaware. it happened during the punkin chunkin contest this afternoon. as a cannon launched, a trap door for loading pumpkins launched and hit a 39-year-old woman in the head who is now in stable condition. a stockton mom may be facing jail time for serving a bowl of homemade servichi. she said she joined a facebook group where people in her area organize potlucks. late last year someone asked her for a plate of her servichi, but it turns out her person was an undercover

investigator. eventually about a dozen people were cited for operating without permits. >> they are saying you could face up to a year in jail. somebody would be i don't have anything to give, but i would love to buy a plate. >> the deputy said selling any food not subjected to inspection could put consumers at risk. the woman is the only one helding to trial because she's refuse -- heading to trial because she's refusing a settlement offer of three years probation. we'll be right back. man: in cities big and small, newspapers all over say it's time. woman: time to legalize and regulate marijuana in california. man: time to "vote yes on prop 64." woman: it's "better for public health, for law and order and for society." man: "it makes sense to regulate and tax" marijuana.

woman: "prop 64 would bring discipline and oversight." man: "prop 64 is the first step toward a rational drug policy." woman: "it's time for a new approach." man: vote yes on 64. they prey on our children, spending billions. addicting 17,000 california kids each year. eventually killing one-third of them. now tobacco companies are spending millions to... defeat prop 56. because in every state that's raised tobacco taxes, smoking rates go down. so who are you going to trust? pediatricians, cancer groups and the califronia pta who all... support prop 56. or the tobacco companies trying to kill it. vote yes on 56. the mae gave her top executive managed aa huge pay raiseet, and a lavish car allowance, run up a deficit, then cut jos for local teenagers, and cut after-school program. no wonder tchronicle called mae torlakson

"flat-out unprepared" for the assembly. they endorse tim grayson. as mayor of concord, grayson balanced the budget every yer while doing more for kids. tim grayson for assembly.

but one shop in arkansas is saying no... to politics. the hair salon or barbershop, usually a place to shat about all topics. >> but the owner of bobby g's hair-cut shop in arkansas said the election has everyone so worked up things are out of hands, so he changed the rules. >> i had two customers arguing back and forth and almost went to fisticuffs and i said wait a minute, guys. i come up with this sign no politics spoken here until after the election because i said i got to do something and so far it's worked pretty good. now after the election we'll have to see. >> who uses the word fisticuffs anymore? the new sign is becoming pretty popular. people are coming by to take pictures of it. we'll be right back. ,,,,,,,,