. the man accused of assaulting a woman in front of her apartment building faced a judge again today. but the case is now stuck in limbo. good afternoon. i'm michelle griego. >> i'm kenny choi. and jackie ward is in san

francisco with why the hearing didn't go as planned. >> reporter: he's held for criminal threat and assault charges for an incident back in february. he was supposed to get the charges dropped today, but have to wait one more day. 25-year-old austin vincent was in court for all of 90 seconds today. he faced a different judge than the one handling the case so far which meant the case is held until tomorrow and held remain in jail. >> this is an example of how public hysteria can impact the accused of how fear and ignorance can victimize the mentally ill. >> reporter: his attorney says his client has been in jail for nine days for a crime he did not commit. three people misidentified him as the person who attacked a woman with a knife in february. the public defender's office proved vincent was not the suspect because he was in southern california at the time, forcing the district attorney's

office to drop the charges. >> misidentifications occur often from eyewitnesses. >> reporter: the public defender wants him placed back with assertive case management, which he had been in full compliance and receiving and help. . >> given the circumstances, we believe strongly that the appropriate way to proceed with the case is keep him in. >> reporter: whether or not he's released will be up to the judge tomorrow. jackie ward, kpix5. >> the hearing is tomorrow morning at 8:45. and tropical storm dorian is now a hurricane. this is a live look from puerto rico. it does look beautiful right now. but in hours, the storm is expected to make land fall. puerto ricans are bracing for impact and preparing for the worst. dorian will bring heavy rain and high surf to the island.

some parts could see up to ten inches of rain. 23 shelters have been established and more than 40 residentings sought rev fuj. some who don't trust the government's preparations are leaving. >> i'm unsecure here with the power, the food, the security. so i'm leaving. >> dorian arrives two years after the a wland was ravaged by hurricane maria. president trump approved a federal emergency declaration for puerto rico. mary lee is tracking the path. >> the storm exploded to a category one hurricane. this is the enhanced satellite imagery of dorian. it's producing hurricane-force wind over the u.s. virgin islands. it's over st. thomas right now with sustained winds at 75 miles per hour. in a few hours, it will make land fall over puerto rico as a

category one storm with sustained winds of 75 miles per hour. we're talking heavy rain and strong and damaging winds. as it moves over the warm waters of the atlantic, it will strengthen. the latest models show it strengthening to a major hurricane as it approaches the florida coast, probably as a category three hurricane. we'll watch it closely and talk about the weather at homecoming up. >> and more coming up on the news at 5:00 and online at kpix.com. i'm emily turner. we have breaking news out of fairfield this morning. at this point, a man is in a standoff with authorities and his entire neighborhood is on lock down right now. you're taking a look at video of the s.w.a.t. team there on the scene in the fairfield neighborhood. this happened around 7:30 this morning. the call came in to authorities the suspect was barricaded inside of the home. the secret service is at the scene and the s.w.a.t.

team. they're heavily armed and have all of the units there, the cars, et cetera. and this is unfolding as it continues right there near oliver road in fairfield. we will have the latest as this unfolds. emily turner, back to you.. and new at noon, a new reward announced in a san francisco cold case. more on the pus to solve the mystery. >> reporter: yeah. almost three years since the murder occurred. and today, police announced a $25,000 reward for help solving the case. lamonte was shot and killed on october 7, 2016. it was 7:00 p.m. and he was watching an artist paint mural on a building. it happened at plymouth avenue and broad street near 280 in san francisco. his mother commissioned a billboard announcing the award. that was unveiled today four blocks north of the scene on ocean avenue near the church.

police and the family are hoping more witnesses may come forward. the reward is for information leading to the arrest and the conviction of the killer. send a tip over the pho or via text. the numbers are on our website at kpix.com. and the body of a missing boater has been found in discovery bay. two men were fishing in an inflatable raft and it mag functioned three days ago. one of the men swam to shore and the other disappeared. it is not clear what led to the raft malfunctioning. and happening in about 90 minutes, a suspected car thief is set to be arraigned with a crash involving a ride share car. she was trying to avoid a traffic crash and crashed in a lyft car. he faces charges that include

driving under the influence and auto theft. one passenger, a 28-year-old, was killed in the crash. another passenger and the ride share driver were injured. a busy street is back open after a cyclist was struck and killed this morning. police that a car struck a 28-year-old man just after 5:00 a.m. in freemont between stewartoff and awe though mall parkway. and we are told that the driver stayed behind and is cooperating with with the police. and a brush fire that forced evacuations is expected to be fully contained today. the fire burning on the ridge is 80% contained. the flames scorched about 16 acres and crews say a man is facing criminal charges for starting it. 73-year-old henry walker is charged with reckless burning. the sheriff's office says walker flagged down fire personnel

saying he was trying to burn personal items when the flames grew out of control. he had minor injuries from attempting to stoment it out. and there's an evacuation warning in the area that was lifted. of and the devastation from the wild fires in the amazon rain forest. the tension between brazil and european countries is preinventeding the help to battle the wild fires. brazil will set conditions before it accepts help from the group of seven countries which has offered tens of millions of dollars for fire fighting and rain forest protections. the rain forest is considered vital to the health of the planet. and this morning, new prime minister boris johnson will temporarily shut down parliament. he previously declared the uk will leave the union on october 31st.

today's announcement will restrict the amount of time lawmakers have to discuss a potential deal. and the head of san francisco-based juul calling the recent cases worrisome. >> the company's next move. and millions of cars on the road could have a potentially deadly air bag defect. the lawsuit and if your car is at risk. and we are tracking hurricane dorian and also the weather here at home. we are looking at a cool down. temperatures much cooler compared to yesterday at this time. here's a live look with the sales force tower camera of the gray skies.

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. san francisco based juul is speaking out on the growing number of breathing illness cases for people who vape. >> why the ceo is worried. >> reporter: as the number of cases of lung illness among people who vape continues to grow, the head of the most popular e-cigarette company calls the report worrisome. >> worrisome for us. >> reporter: in his first broadcast interview, the ceo kevin burns tells cbs this morning the company is in contact with the cdc. >> if there was any indication there was an adverse health condition related to our product, we would take very swift action.

>> reporter: the cdc is looking into nearly 200 possible cases of severe lung disease that may be tied to the use of e-cigarettes. the cases are reported in at least 22 states. >> vaping is promoted as a safer alternative when in reality, it's not. >> reporter: 20-year-old alex mitchell of utah used to vape daily. he developed acute respiratory sdroen last month and ended up at life support. . >> 25% diminished lung capacity now. it's crazy how fast it escalated. >> reporter: this doctor says the number of cases he's seen related to vaping the frightening. >> some as benign as coughing, headache, shortness of breath. others more serious with long collapse, mechanical ventilation and more severe things. >> reporter: there's a new study that finds about a third of middle school and high school

students are exposed to second hand e-cigarette aerosols. hillary lane, cbs news, new york. and much more on the interview with juul lab ceo on tomorrow's cbs this morning. one fitness start-up wants to take a spin at the stock market. peloton sells bikes and treadmills and filed for an offering. it lost many last fiscal year. peloton says it has more than half a million subscribers. of and let's take a look at the big board and see how the market is doing. the dow is up 242 pointses. first, air bags that explode. now air bags that don't deploy. a class action lawsuit covers models ranging from 2015 to 2019 and includes kia, hyundai toyota, and others. some of the makers knew about

the faulty air bags as early as 2011. the federal government is expanding the investigation into all makes and models with the faulty parts. and this afternoon, cbs news learned the maker of oxycontin preparing to settle thousands of lawsuits. they're offering to pay out between 5 and 6 billion two days after a judge ordered johnson and johnson to pay other -- pay over $500 million. and is that rain drops on the camera lens? >> it's drizzle. yeah. we have so much of the on shore flow kicking in for us. you can see the drizzle drops on the camera. and here's the live look from the sales force tower camera. you can see the low clouds still out there hanging around as we look east at the bay bridge.

temperatures running much cooler compared to yesterday at this time. mid 70s in concord. mid 60s in oakland. mid 70s livermore. and 61 in downtown san francisco. mid 70s for san jose and santa rosa. many locations with the temperature change, cooler compared to yesterday at this time. especially inland. fairfield, 10 degrees cooler. concord, 9 degrees cooler. 14 degrees cooler in livermore. 6 degrees cooler in san jose. and this is the reason why the low pressure system is ushering in the on shore flow and cooler temperatures. hour by hour, we will see some clearing through the day for the inland locations. you are seeing the sun. and tomorrow morning, we are going to see the gray start for many of us along the coast, parts of the bay, and inland, seeing the cloud cover as well. more of the extensive cloud

cover thanks to the stronger sea breeze and temperatures cooler for thursday and friday. our sunset at 7:44 m sunrise, 6:37 tomorrow morning. daytime highs more comfortable. cooler compared to yesterday. right around where we should be. upper 80s in concord. low 80s in freemont. low 80s in oakland. upper 60s san francisco. and now the seven-day forecast and what you can expect. temperatures cool down even more through the workweek due to if strong marine influence and the ocean breeze kicking in. thursday and friday, temperatures cooler. if it's been too hot for you, you'll like the rest of the week. and a look at the holiday weekend, saturday, sunday, labor day, temperatures warming up as high pressure builds in. plenty of sunshine. looking great as we head to the weekend. >> no complaints here. well, some crazy new video

to show out of italy. a powerful volcano eruption sent tourists running for cover. huge plumes and smoke and ash for miles. these images were posted on social media. it happened on a small island off the north coast. no reports of injuries. and just a little programming note. a special newscast lineup ahead of 49ers football tomorrow. the news at 5:00 and 6:00 will feature live reports from the stadium and that leads up to the big game at 7:00. the nineers and the chargers. and stay tuned, of course, to the 5th quarter right after the game. still ahead, a math teacher comes up with a perfect formula to improve stuments' test scores. the music videos helping kids love what they learn.

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that needed help. >> that was no problem for this texas math teacher who uses music to get students engaged with school. ♪ [ music ] >> not bad. thomas may field started a year ago. the school is in an area where the median income is less than $19,000 and more than 94% of students considered economically disadvantaged. attendance was low and scores were bad. >> if you do not get out of that hole, yes, the state can decide to come in and take over your school. >> well, the school has been re-evaluated and received a b grade for the state. the principal credits the improvement to an extra hour of class and better support for families with afterschool programs. and raise a glass. it is national red wine day. today also marks the start of the 2019 wine grape harvest in

livermore. and just an hour ago, a rabbi, priest, and pastor blessed the first picks of the harvest. suddenly, i'm thirsty. i don't know why. >> and amen to that. happy hour begins in about ten minutes for us. >> we're almost done. and reminder, if you have a consumer problem or question, e-mail consumerwatch@kpix.com. or call the consumer line, 888-5-helps-u.

. well, today's tip of at the day is cluster tomatoes. cluster tomatoes are one of my favorites. with all the summer tomatoes, they're in the backyard, local grown, even though these are grown in a hot house, i got to tell you, for the price, the prices have come down. and the flavor is great. so considering tomato, you have many choices. but the hot house. if you do, let me give you a tip on selection and storage. nice and red all the way around. make sure the stem is attached, nice and green. and it's pulling nutrients from the estimate. a beautiful aroma. and store the tomatoes, here's the key, on the counter. remember that.

not in the refrigerator. summer time tomatoes out there. if you choose to enjoy, asalad, these are one of my favorite. there you go. i'm tony tantillo, your fresh grocer. eat fresh and stay healthy. an east bay beach is getting washed away. the questions about whether anything should be done to save it. that and more at 5:00. it's national red wine day. have a glass, if you would like. >> cheers to that. >> have a great afternoon. hope to see you right back here tomorrow morning.

♪ >> brooke: honey, i don't -- i don't even know what you're saying. i was there. i saw thomas with his hands on you. you were trying to get away. >> hope: no, i was. i was. when he showed up at the house, i didn't know what to think. i didn't know what he was going to do, and then when i ran out the back... >> brooke: he had you at the edge of the cliff! i was terrified! you were in danger, hope. >> ridge: that's not what she said. >> hope: [ sighs ] mom, i could see how you might think that at the time. >> ridge: he was threatening you at all, was he? he was apologizing.