we feel happier. small changes you make today can make a big difference in how you feel.... and may help prevent obesity, high blood pressure, and type 2 diabetes. start now to turn today into a better day. we're still going, and we feel better! strians in times s boom it was like a bomb or something. something like an explosion. >> now at noon, plowing through pedestrians in times square. what police in new york city now say about the driver who killed one person and injured almost 2 dozen others. good afternoon, i'm kenny choi.

>> i'm michelle griego. investigators believe the driver was drunk when he drove through the crowd. they say the suspect has arrests in the past for driving under the influence. however, his name is not being released. we have a reporter in times square with more. >> reporter: kenny and michelle, eyewitnesses here today describe this scary chaotic scene. they say they saw passersby and police tackling the suspect to the ground. >> reporter: new york city firefighters used hoses to put out a fire after a car plowed into a crowd of pedestrians in times square. >> hanging out right before i was going to get something to eat and looked down at my phone and next thing you know, boom! it was like a big old bomb or something. something like an explosion. >> reporter: it happened during the busy lunchtime hour. police quickly closed off times square. paramedics tended to the injured. the car came to a rest with two

wheels in the air. cell phone video shows police taking the driver into custody. police say the 26-year-old bronx man is being tested for alcohol. police say it doesn't appear to be related to terrorism. police here closed off several blocks at times square as the investigation continues. fox news founder roger ailes is dead. he hit his head days ago before his death this morning. the 911 caller said that ailes had fallen in his bathroom eight days ago and was taken to the hospital where he had serious bleeding. the cause of the death is still unknown. he was 77. fox news executive chairman rupert murdock said the media giant was shocked and grieved by his death. president trump blasting the justice department and the investigation into russian election meddling. cbs correspondent mola lenghi is on capitol hill ahead of a

key briefing today in the senate. >> reporter: president trump took to twitter this morning to slam the justice department's decision to appoint robert mueller as special counsel to investigate trump campaign ties to russia. he tweeted: >> i'm sure he is going to say it's a partisan effort. i don't think mueller is going to be a partisan guy. >> reporter: the deputy attorney general rod rosenstein tapped the former fbi chief saying i determined that a special counsel is necessary in order for the american people to have full confidence in the outcome. >> i now have significantly greater confidence that the investigation will follow the facts wherever they lead. >> reporter: rosenstein is on capitol hill this afternoon to answer tough questions from senators about the events that led up to fbi director james comey's termination and his decision to appoint a special counsel. congress will continue to carry out their own investigation. >> congressional investigation will determine [ indiscernible ] we are going to redouble our efforts because we still have to get our job done, as well. >> reporter: they have requested comey hand over the

memo he wrote which claims president trump asked him to back off the investigation into national security adviser michael flynn. they are asking comey to come back to capitol hill to testify. mola lenghi for cbs news, capitol hill. >> the senate intelligence committee investigating trump campaign ties with russia announced thursday that fired national security adviser michael flynn does not plan to honor a committee subpoena calling for him to turn over documents related to his contacts with russia. the president is preparing to leave dc tomorrow on his first foreign trip. he will visit five nations in eight days including saudi arabia and israel. a meeting with the pope is also planned. next week president trump will attend a nato meeting in brussels and g7 in italy. the trip cast scheduled before james comey was fired. protestors are rallying against a san jose construction company because of president trump's border wall. hensel construction company is bidding on building the wall on the mexico border. demonstrators want the company

to publicly say that they will not help with the construction. today's rally started minutes ago at noon outside the company facilities. a person trespassing on the train tracks in pinole was struck and killed by an amtrak train this morning. officials say an eastbound capitol corridor train struck the pedestrian just after 7 a.m. about a block from bay front park. it's unclear what the person was doing on the tracks. the person is not identified yet. no injuries reported among the 57 people on board the sacramento--bound train. police standoff in contra costa county is finally over after hours. just before 5:30 this morning, officers escorted a man in handcuffs out of the el sobrante home where the incident happened. witnesses say they heard yelling and gunshots around 11 last night. deputies ordered a "shelter in place" for area. we spoke to a man out in the morning and he says he was shocked to see what was going

on. >> very surprising. it's not what this neighborhood is usually like. it's usually quiet especially this time of the morning. lots of the neighbors know each other. it's a good place. >> the "shelter in place" was lifted 30 minutes after deputies arrested the suspect. no one was hurt. charges have not been announced. the penalty phase trial is back under way for the man convicted of killing morgan hill teenager sierra lamar. our cameras were there this morning as deputies arrived to testify in the sentencing phase for antolin garcia-torres. lamar's family was also seen walking into the santa clara county courthouse. yesterday, doubt surfaced among attorneys over the credibility of testimony from sheriff's sergeant herman leon who is a central investigator in the lamar murder. >> if the court feels that there's credibility issues involving one of the main detectives and that should have been disclosed to the defense, that will certainly be grounds to ask for a new trial in this case. >> we're told that photos and

videos of lamar played on a screen inside the courtroom. her mother says today was a very emotional day. >> it's the first time that i heard her speak live on a video, so that was really hard because i have been avoiding that because it's been so painful just to look at videos of her. but i have been doing it a lot lately the past month. >> defense attorneys are now trying to convince the jury to spare garcia-torres from the death penalty. university of california officials are meeting in san francisco right now to vote on their budget which could include a tuition hike. the uc board of regents is under fire after a state audit revealed a secret university fund of $175 million. students protested at a regents meeting yesterday hoping uc officials will scrap the tuition increase. many believe the hike is unfair, especially since the uc system had been hiding money. so far, no decision has been made. next, why the city of santa

clara is threatening the 49ers today following last night's huge u-2 concert at levi's stadium. ♪[ music ] plus a musician found dead following a show in detroit. what they say about the death of chris cornell. >> state officials announced the nation's strongest refinery safety regulations. the impact here in the bay area. >> so imagine sitting poolside or at the delta with a beverage and lots of sunshine. you know what? it's going to happen this weekend some of the hottest temperatures this weekend. we'll be right back. announced the nation's stronges,

which will boost safety standards at local refineries.. nne makovec today, cal/osha announced the nation's strongest refinery safety regulations which will boost safety standards at local refineries. as kpix 5's anne makovec explains, a richmond refinery sparked the calls for change. >> reporter: today's proposal was set in motion by this explosion at the chevron refinery in richmond in 2012. it blanked much of the east bay with radar every dark cloud of toxic smoke. an estimate 15,000 people when to the hospital after breathing it. a federal investigation found 40-year-old pipe that blew up was corroded and should have been replaced. >> i think it could have been prevented. >> mike smith used to work at chevron. now he speaks out against what he claims are outdated practices. >> running a refinery is risky.

burning oil is inherently dangerous. >> reporter: then environmental concerns. flaring at chevron in december led to dozens of complaints about a rotten egg smell that spanned the bay. chevron was cited for releasing excess levels of hydrogen an on may 5 a fire avenue flare at the valero refinery in benicia. it forced evacuations of two elementary schools and a nearby industrial park. >> we just need to have the policies and the regulations to ensure that oil companies are held accountable for that. >> reporter: a six-member cal/osha panel voted to unanimously approve a plan to mandate that companies choose the safest equipment available rather than what's quicker or cheaper. and it will give equipment operators greater oversight on how things are done. >> we're the ones throughout 24/7 running the plants, nights, weekends, holidays. it's our safety. >> reporter: an oil company representative asked for more time to implement the rules but the board called this urgent and critical. they say the rules could be in

effect by october 15. in oakland, anne makovec, kpix 5. >> we reached out to representatives of chevron an valero for comment. no response yet. singer chris cornell of the rock band "soundgarden" and "audioslave" committed suicide at the age of 52. he was found hanging in the bathroom of his hotel room last night following a show in detroit. cbs's anthony mason looks back at his long career. ♪[ music ] >> reporter: chris cornell helped redefine the sound of rock and roll in the late '80s and early '90s. ♪[ music ] >> reporter: emerging from the seattle grunge scene as the front man of "soundgarden" the singer was known for his octave- smashing vocal range. ♪[ music ] >> reporter: his talent spilled across a number of line-ups

over the years including the super group temple of the dog. [ heavy metal rock ] ♪[ music ] [ screaming ] >> reporter: and seven years with former members of rage against the machine in "audioslave." >> exactly, it's exactly in the works. >> reporter: last month, he told me he was working on a new "soundgarden" album. >> and how far away is the new album, do you thing. one of the things we did when we got back together was decide to never put a clock on what we do. which i think has been really helpful and it just always will be a positive experience. >> reporter: and in the studio that day he performed an acoustic version of "soundgarden"'s best known song. ♪[ music ] >> cornell also released four solo albums. he tweeted before yesterday's

show that he was excited to be back playing in detroit. the city of santa clara is looking into fines today following last night's u-2 concert at levi's stadium. chopper 5 was over the show well after last night's 10 p.m. curfew set by the city. now the city will decide if the 49ers have to pay for the violation. ♪[ music ] >> the concert went nearly an hour past curfew last night. the 49ers managed the stadium. they asked the city for an extension months ago but were denied. now some city leaders say the team should be responsible for the violation. >> we have some issues in the past with concerts that did not start on time, that were being held in the middle of the week. >> so far there is no word yet on the possible fines. crews will begin fixing the spillway at the oroville dam tomorrow. they plan to fill the giant crater in the spillway with concrete. they are hoping to turn before

november 1 when the rainy season starts. the state has already borrowed $500 million to make the repairs. it's hoping it will get paid back by federal government. >> roberta, no rain in the forecast for a long time. i see sunshine, sunshine, sunshine. >> that's why they're going to be doing the repairs tomorrow in oroville because they have sunshine, low 90s in the fact. that's right, low 90s. good afternoon. check this out. this is our live weather camera looking out towards the bay waters where we have a little bit of a breeze. you can see the flag on the fly atop pier 9 at this lunchtime. you can also see mount diablo in the background so visibility is at least a good 45 miles at this hour. how about this? wow. going to get a little bit of love to the golden gate bridge at this hour. look at sausalito. just look how splendid the air quality is. temperature-wise, 60s in oakland but check out san francisco. just jumped to 70 degrees. you know it's a good day in the city by the bay when it's 70 and average high is 64.

winds all over the place. a little more consistent this afternoon out of the northwest, 10 to 20 miles per hour. currently northwest at 9 in antioch. today the warmup let it begin. friday will be sunsational. even warmer conditions. then this weekend saturday will be the warmest of the two coming up. this is what an offshore flow looks like. notice the coast is clear. this is all because the ridge of high pressure is taking place. but watch our futurecast. it does illustrate while we have the clear skies tomorrow morning, during the afternoon behind me here, thin layer of low clouds begins to spill in towards the bay by saturday afternoon. that's going to drop off the temperatures along the seashore over the weekend. but for the most part, we'll still see some comfortable readings in the 60s while inland remains in the 90s. so the high pressure ridge has arrived diverting the jet stream well to the north of the bay area. if you are heading to the coast, wow, santa cruz, grab the shades, 78 degrees. a gentle breeze.

the surf is okay. kind of fair to poor about 3 to 5 feet. meanwhile, temperatures onshore. anywhere from the 60s at the coast, 70s bayside, 70s peninsula, climbing to the 80s inland. outside number 85. discovery bay 8:15 sundown. it will be really pretty, too. lots of clear skies. check out the 90s inland. the beat goes on or the heat goes on through monday. then sharply cooler by tuesday and wednesday. a's hosting the red sox, pleasant mid-60s. can you believe it's time for the contra costa county fair? wow! i say sno-cone weather. >> the heat is on. >> you know what? they have those big giant turkey legs, too, the kind that you see on the flintstones? >> don't talk about food right now. [ laughter ] [ crosstalk ] >> hungry now. let's take a look at the big board right now. [ laughter ] >> let's see.

the dow is up about 87 points. coming up next, getting children wired for learning. how a bay area woman's unique approach is helping thousands of kids to learn to read and write. ,, who are these people? the energy conscious people among us say small actions can add up to something... humongous. a little thing here. a little thing there. starts to feel like a badge maybe millions can wear. who are all these caretakers, advocates too? turns out, it's californians it's me and it's you. don't stop now, it's easy to add to the routine. join energy upgrade california and do your thing.

learned to read and write .. thanks to a marin county woman's unique approach. n introduces hundreds of thousands of

children worldwide have learned to read and right thanks to a marin county woman's unique approach. sharon chin introduces us to this week's jefferson award winner. >> reporter: sophia finds her lessons empowering. >> i'm able to write letters and more. >> reporter: her second grade class at audubon elementary school in foster city uses "read, write & type," software developed by dr. jeannine herron. ♪[ music ] >> reporter: it's part of a literacy program dr. herron created 20 years ago in san rafael called "talking fingers." the neuropsychologist studied how the brain learns and using federal grants, created a multi- sensory approach using technology to help children read and write more easily. >> they see a picture, they say the word, they figure out what the sounds are, they link those sounds to a letter, and the finger stroke. so they are using the eyes, ears and their motor system to link all those things together. >> in the last 20 years, dr. herron's software has reached more than half a million students in all of the states

of the u.s., canada and 33 countries. >> you will never write my virus name unless you win the sound game. >> reporter: the lessons are fun. so this girl wants to keep learning. >> it's exciting to city when >> it's exciting to see when you pass a level and get a certificate.>> reporter: here at audubon, the technology coordinator says dr. herron's software has taught more than 4,000 students in 17 years. >> the kids love doing this. we find that it does help with their reading and their writing. >> it really makes me feel wonderful. >> i can read, i can write! i can type! >> reporter: so for teaching children to "read, write & type," this week's jefferson award winner in the bay area goes to dr. jeannine herron. sharon chin, kpix 5. >> the curriculum has instructions in nine different languages helping with students whose second language is english.

she has an app called talking shapes that teaches speech sounds to preschoolers and kindergartners. if you have been inspired by someone like dr. herron, nominate that person for a jefferson award online at cbssf.com/hero. we'll be right back. ,,,,,,,,,,,,,,,,,, ,,

oakland police caught in the middle of a sex scandal involving a teenage girl. we're in court today with *new f. the case caught a ton of attention. oakland police caught in the middle of a sex scandal involving a teenage girl. we're in court today with new details from the teen. that story and more at 5:00. quick check of the forecast. it's going to be hot. >> yes. it's already warming up. 70 degrees in san francisco right now. right here. >> hot. >> i like it. have a great day. >> enjoy it, everyone. ♪[ music ] ,,

♪ >> bill: hey, beautiful. i'm here at my house -- well, soon to be our house -- and the caterers and the florists are putting on their last-minute touches. i can't wait to say our vows in the same place we're going to call our home. and then it's off to the jet and our honeymoon. how does that sound? >> brooke: you've thought of everything, as usual. >> bill: so, are you, uh...