benton harbor's emergency manager has now rescinded that resolution. declaring that the decision to acknowledge and honor the u.s. constitution, quote, was not authorized by the emergency manager and is null and void and of no force or effect. elected officials not being allowed to honor the constitution because they've been overruled by an appointed overseer who nobody voted for. second vignette from republican america in today's news comes from the republican race for president. one of the stranger developments in how republicans are running this year is about who they have to make nice with. who they have to court publicly to try to become the nominee. since donald trump made a short lived almost run earlier this year based chiefly on him questioning whether president obama was secretly foreign, republican candidates and maybe candidates have started making big public photo ops out of being seen to meet with donald trump. he met with sarah palin back in may and michele bachmann back in july. he met with rick perry last week and then called him jim w

a gas leak reported on benton and los padres.irst reports a construction crew ruptured a gas main. we are hearing that leak prompted evacuation of three block area around the incident. we are still checking we will keep you updated on the air and twitter. >>> women's resource center at st. mary's college expecting to hold a rally this afternoon to raise awareness about sexual assault. a female student told investigators two men sexually assaulted her in an on campus dorm sunday. police say the suspects have been identified as a student and his friend so far no arrests. police also investigating a rape of another female student a week earlier. 18-year-old male student has been arrested in that case. >>> the prime suspect in the murder of michelle le is expected to miss her latest court hearing today under doctor's orders. for the giselle esteban le's body was found nearly two weeks ago. esteban is pregnant and under a doctor's orders to rest. her attorneys expected to enter a plea for her today in alameda county's super court. >>>

a gas leak reported on benton and los padres.irst reports a construction crew ruptured a gas main. we are hearing that leak prompted evacuation of three block area around the incident. we are still checking we will keep you updated on the air and twitter. >>> women's resource center at st. mary's college expecting to hold a rally this afternoon to raise awareness about sexual assault. a female student told investigators two men sexually assaulted her in an on campus dorm sunday. police say the suspects have been identified as a student and his friend so far no arrests. police also investigating a rape of another female student a week earlier. 18-year-old male student has been arrested in that case. >>> the prime suspect in the murder of michelle le is expected to miss her latest court hearing today under doctor's orders. for the giselle esteban le's body was found nearly two weeks ago. esteban is pregnant and under a doctor's orders to rest. her attorneys expected to enter a plea for her today in alameda county's super court. >>>

southbound lanes of san tomas expressway by benton. can see that some southbound traffic is getting through. northbound traffic not affected at all. but caltrans guys are out there hard at work this morning. they got their saws out working to chop down the tree clear it from lanes. but in the meantime, expect some slower speeds across the stretch in santa clara. that's traffic. back to you. >>> the latest dispute in congress means the federal government could shut down by next weekend. today the senate is expected to vote on a temporary funding measure after it rejected a house bill tepid of last week. that bill would have kept the government running through mid- november. at issue, billions of dollars to help victims of floods, tornadoes and earthquakes. republicans want spending cuts to pay for it but democrats say that will only cost jobs. >>> that economic turmoil in europe continues to affect markets overseas and here in the u.s. and netflix makes a deal with a major hollywood studio. jason brooks with kcbs and cbsmoneywatch.com h

the rupture happened on benton and lows padres boulevard, right off el camino real. contractors working for the city hit and ruptured the two-inch pg&e gas line. the entire block was evacuated. >> a little scary, yes, because of what happened in san bruno. all the neighbors were leaving quickly. they said a six-inch pipe that had the leak. >> the line was just eight inches below the surface. pg&e capped it in about an hour. no one was hurt and there was no explosion. >>> while building a safer pipeline network is the goal of the bill being considered in washington, the bill states federal regulators would order automatic shut-off valves be installed on new pipelines so leaks can be capped sooner. it would close a loop pole that would allow pipes installed before 1970 to avoid mandatory inspections. there is a roadblock. republican senator rand paul from kentucky has put a hold on the bill stopping it moving forward. he said the natural gas industry can regulate itself and the government should stay out of it. we asked, what can get done to get it moving again? >> sen

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that leak was reported just after 10:00 on benton street between los padres boulevard and san tomas expressways asked people to leave their homes while the utility workers capped that leak. they say it was fixed in less than an hour and nobody was hurt. >>> a new idea to save the city of san jose hundreds of millions of dollars. but it comes at quite a cost for city employees. len ramirez on the plan that could help save vital city services. len? >> reporter: that's right. pension reform is a big topic here in san jose. and it's put mayor chuck reed and members of the city council in battle with thousands of city workers over the past couple of years with the only end in sight being the ballot box or a court of law. but this new proposal by five unions today could change that whole scenario. future police, firefighters and other san jose city workers can expect to work longer to reach retirement, have lower cost of living adjustments and no longer be allowed to cash out unused sick time. all of that and more would happen under a new union plan to reform city pensions. >> our proposals that are

we should have a gorgeous day later this weekend sunday will be wonderful in south bend and benton harbor like affect showers ... >>here is that warm-up that we were talking about ... this will be a welcome change after a cool september we are into wednesday and thursday we have warm weather and the big marathon is next weekend will watch the weather carefully for that ... the wind will come down by sunday for the bears game ... that southerly wind flow will warm this area ... we will go from 65 sunday to 74 on monday 76 tuesday 77 thursday and friday of next week terrific whether we deserve it it's about time ... this could qualify as indian summer for some people ... at any rate have a great weekend ... >>thank you for joining us today. we hope you have a great weekend. we will leave you with more from bob molduld he's performing tonight and tomorrow night at the montrose room in rosemont have a good one everyone

. >> a gas line break happened on benton and los padres boulevard. the entire block was evacuated. the line was just eight inches below the surface. pg & e capped it in about an hour. no one was hurt. >> a bill in washington states that federal regulators could order automatic shutoff valves be installed in new pipelines so that links can be capped faster. it would also close a loophole in the inspection process which allows pipes installed before 1970 to void mandatory inspection. now there is a roadblock. republican senator, from kentucky, has put a hold on the bill effectively stopping it from moving forward. he says the natural gas industry can regulate itself and that the government should stay out of the process. today on "nbc bay area," we tracked down san bruno congressman jackie spire to get her reaction to what rand paul is saying and what can be done to get the bill moving again. >> to lift the hold, you either have to go through a process by which there would be a filibuster or negotiate with the member who has put a hold on it. it's really quite amazing that the u.s. s

>> reporter: well, craig, this is where it happened at this walgreens here in benton harbor.n burst in, 4:30 in the morning. one of the men held another employee at gunpoint with the gun in his back. the one who leat over the counter not only pointed the gun, he pulled the trigger three times but for some reason the gun didn't go off. hoven told what happened next. >> i feared for my life, and in self-defense, i fired my weapon as i continued to move from him. >> he was exercising his reasonable right of self-defense in the face of a gunman who attempted to pull the trigger three times and shoot him, presumably shoot him dead. >> reporter: now hoven bought that gun after the store was robbed in 2007. he had a concealed weapons permit, but he acknowledges he didn't tell store owners or store managers that he had the gun with him at work. five days after this incident, hoven was fired. he says he was told that he violated company policy. walgreens issued a statement that said "store employees receive comprehensive training on how to react and respond to a potential robbery situ

the video shows a couple of masked armed robbers coming into the store in benton township, then watch they shove a store employee around. one of the other employees, seeing the guy with his hands in the air, jumped into action to defend himself, he pulls out his own gun. one of the robbers then jumps over the counter at the pharmacy, fires a couple of shots, and then drops his own weapon as he runs off. the store employee, je me hoban, was praised at first for his bravey, but then guess what, he gets fired for violating company policy. now hoban is suing, raising the question, do employees have a right to defend themselves in the workplace. daniel swan son is jeremy hoban's attorney. daniel, first of all, this wasn't a case where he saw guys with a gun, they shoal him, right? >> good acchioo good afternoon. he did shoot at them after the gunman pulled the trigger at least three times of his gun. fortunately for reasons we don't know, the gun never went off. but jeremy only responded after that occurred. jon: he was listened to carry this firearm, correct? >> he did. he received a mich

. >> reporter: in may, two armed men entered a walgreens in benton harbor where jer huven worked. they take a manager hostage and push him to the back of the store. >> the gunman repeatly attempted to fire upon me. >> reporter: in this edited security footage, given to wzzm 13 news from huven's attorney, you can see a masked man leap over the counter, weapon drawn. >> in self-defense, i fired my weapon. >> reporter: and the crooks ran off. in a press conference on wednesday, the pharmacist says he has hey permit for the weapon but was fired a week later. >> mr. huven by the way of this lawsuit is challenging walgreens' right to fire him. >> reporter: a walgreens district manager fired the pharmacist based on a nonescalation policy, his attorney says. >> as we stand here today, neither jeremy nor i have ever seen that policy. >> reporter: a statement from walgreens says, employees go through extensive training in crisis situations and are told to be compliant. >> that makes for a really interesting case, you know, potentially with national importance. >> reporter: this law professo