kiet do has more on the arrest in the lundy avenue shooting. kiet, good morning. behind bars at the main jail in downtown san jose. not a lot of details as to how and where it happened. all we know is that aguero was arrested in san jose on august 27. but sjpd only made it public yesterday.all we know is that aguero was arrested in san jose on august 27. it was made public yesterday. surveillance video caught the murder of christopher wrenn last month on lundy avenue. it appears the victim was surrendering with his hands up. he was killed execution-style. friends and family are expressing relief. >> i don't believe anybody should be able to murder somebody and get away with it. he was a good man. he didn't deserve tore murdered. >> reporter: the two other suspects in the case are both dead. each was fatally shot by police last month in separate confrontations with police. as for suspect 3, he is being held here without bail. live in downtown san jose, kiet do, kpix 5.

kiet. >>> reporter: good morning. it looks like the haze may be lifting on statewide regulations on medical marijuana. there was a flurry of activity last night with lawmakers as they struck deals on a wide range of bills to try to rein in that industry. first off, they created what's called a bureau of medical marijuana regulation to oversee every aspect of the industry from cultivation to retail distribution. next, cities and counties still have the right to ban medical marijuana businesses. individuals will have the right to grow it themselves. the deal also addresses some of the environmental damage done by outdoor crops that steal water and pollute forests are chemicals. all these measures will be up for a vote today when lawmakers adjourn for the year. also up for a vote the "end of life option" act otherwise known as the "right to die" or assisted suicide. it would allow doctors to prescribe a lethal dose of drugs for those who are second. the patient must submit two verbal requests 15 days apart and then a wri

we heard from kiet do a few moments ago. this fire in the bay point area has shut down several streets in the area of pacifica avenue. again, this is in bay point just north of highway 4. so at this hour, pacifica is shut down both ways between anchor and port chicago highway and surrounding streets in the area remain closed as well so do keep that in mind if you plan on making your morning drive through this area. meantime the bay bridge commute leaving oakland heading into the city, traffic is still flowing well at this bridge. all bridges checking in with very light traffic. there are some delays though for the altamont pass. it is another "spare the air" day. remember, if you can take local transit, it would be a great idea this morning. no delays for the bart system. the ferries are in good shape as with caltrain and "ace" train number one has left on schedule. that's a look at your "kcbs traffic." now to frank. >>> football fans are probably pretty juiced up today. it's kickoff day for the official nfl season tonight.

kiet do has more on the arrest in the lundy avenue shooting. kiet, good morning. duane aguero is behind bars at the main jail in downtown san jose. not a lot of details as to how and where it happened. all we know is that aguero was arrested in san jose on august 27. but sjpd only made it public yesterday.all we know is that aguero was arrested in san jose on august 27. it was made public yesterday. surveillance video caught the murder of christopher wrenn last month on lundy avenue. it appears the victim was surrendering with his hands up. he was killed execution-style. friends and family are expressing relief. >> i don't believe anybody should be able to murder somebody and get away with it. he was a good man. he didn't deserve tore murdered. >> reporter: the two other suspects in the case are both dead. each was fatally shot by police last month in separate confrontations with police. as for suspect 3, he is being held here without bail. live in downtown san jose, kiet do, kpix 5. >>> and let's check in with gianna at 6:01. how is the commute going? >> it's bus

good morning, kiet. >> reporter: good morning. still a very active emotional scene here on anchor drive in bay point. a lot of people evacuated now. many of their homes damaged. people in tears trying to figure out and worry about what they will do next out here in bay point. now, this all began at 1:00 a.m. when a minivan caught fire in a driveway off anchor drive. witnesses reported hearing explosions and at that late hour, firefighters think it burned for quite some time before anybody noticed. the fire then jumped to a house and then heavily damaged it and then spread to three more houses. a lot of folks are in bed and by the time they tried to escape, there was a lot of smoke and flames. many of them had to run past the house that was fully engulfed and had smoke inhalation. one man had burns to his back and went to the hospital. all injuries are minor at this point. contra costa county fire marshal robert marshall says the high cost of bay area housing might be a factor in all of this because when people cram into houses, th

kiet? >> reporter: yeah, good morning, we're live here at the chevron just outside of the stadium where the gas prices $2.89 for regular unleaded. if you're paying with cash. basically what you're looking at here is the new normal. at least for the next couple of years. that is because there's a worldwide glut of oil. and oil analysts say we will stay oversupplied through at least 2016. and that the price will drift upward over the next couple of years gradually but don't expect gas prices to go up at least until 2017. part of the reason is that the saudi wills take a financial hit if they reduce production. also iran also has a large supply of oil ready to be released and could be pumping as much as four million gallons of oil a day into the system once sanctions are lift there. that means the national average is now down to $2.29 a gallon. california's average is about $2.99 because of that big explosion at the refinery back in february. so analysts are predicting gas will fall another 50

while no tsunami is expected, kiet do discovered the earthquake was still having an effect on people along california's central coast. >> reporter: it's amazing to think that something happening in chile could have an effect here in santa cruz nearly 6,000 miles away. it was happening if you knew where to look. boaters and fishermen say this current is flowing unusually fast going in one minute and out the next. >> you have never seen it like that before? >> no. not really, no. no. it's been, um, -- the color is different. everything is really mixed up. >> reporter: this graph of a tidal gauge in monterey records the height of the water and normally has a smooth red line. but the network chile has caused wild fluctuations, seen here with the jagged edges. this time lapse video of the santa cruz harbor shows the water rising and falling as much as a foot in 10 minutes but boaters we talked to weren't worried. >> didn't lose any sleep. not this time around. >> reporter: in 2011 tsunami waves from the earthquake in japan caused heavy damage to several docks in the santa cruz harbor. her

i'm kiet do.have the incriminating text messages coming up in a live report. >> and we're kicking off a warming trend today. when will we see triple digits? i'll let you know about that possibility coming up. >> long delays for the tracy commute this morning getting towards the altamont pass. we do have an accident in the clearing stages still blocking lanes. i'll have details. >> thank you, liza. good morning, everyone. friday, it's arrived. it's september 18. i'm frank mallicoat. >> i'm michelle griego. >>> the "valley fire" has claimed more victims. at least 3 are dead but some of those who fled the flames are being allowed back to their homes. kpix 5's anne makovec has been covering the fire this week and is live at the evacuation center in calistoga. anne. >> reporter: evacuation orders have been lifted for the berryessa estates. but there are still hundreds of people staying here at the napa county fairgrounds waking up here once again this morning. many of them have been here since last wee

i'm kiet do with a live report i'm kiet do with a live report coming up. ,,,,,, we thought we'd be ready. but demand for our cocktail bitters was huge. i could feel our deadlines racing towards us. we didn't need a loan. we needed short-term funding. fast. our amex helped us fill the orders. just like that. you can't predict it, but you can be ready. another step on the journey. will you be ready when growth presents itself. femalevery best mattresses at the guaranteed lowest price. plus, pay no interest for three years on the best brand name mattress sets. but the best rest event ends sunday at sleep train. ♪ your ticket to a better night's sleep ♪ there areand then...ffection. there are signs of affection. use gas that cleans. chevron with techron. care for your car. >>> five things to know at the :55. pope francis is just about to start his address live pictures here to the united nations in new york city. the pope's packed schedule also includes a visit to the world trade center and mass this evening. he wraps up his trip this weekend in philadelphia. >>> house speaker john boehner i

kiet do joins us live in san jose this morning with more. kiet. >>> reporter: good morning. has begun in this historic case. later today watchdog groups plan to march around the jail demanding inmate safety and protesting guard abuse. that is scheduled to happen at noon here at the main jail in downtown san jose. sheriff smith says tyree's life had value and she is disappointed and disgusted by what happened. >> i want to express my profound sorrow. >>> reporter: at an emotional news conference, sheriff smith conveyed condolences to the family of michael james tyree an condemned the act by three deputies, matthew farris, gentlemen len ramirez and rafael rodriguez jereh lubrin and rafael rodriguez. >> each was booked into the main jail, the very same jail where they are accused of taking the life of an inmate they swore to protect. >> reporter: tyree was found dead in his cell last thursday naked lying in his own feces and vomit. sources say video evidence shows the three correctional deputies entering tyree's cell where they are accused of beating him to death reportedly ove

kiet. >>> reporter: good morning. it looks like the haze may be lifting on statewide regulations on medical marijuana. there was a flurry of activity last night with lawmakers as they struck deals on a wide range of bills to try to rein in that industry. first off, they created what's called a bureau of medical marijuana regulation to oversee every aspect of the industry from cultivation to retail distribution. next, cities and counties still have the right to ban medical marijuana businesses. individuals will have the right to grow it themselves. the deal also addresses some of the environmental damage done by outdoor crops that steal water and pollute forests are chemicals. all these measures will be up for a vote today when lawmakers adjourn for the year. also up for a vote the "end of life option" act otherwise known as the "right to die" or assisted suicide. it would allow doctors to prescribe a lethal dose of drugs for those who are terminally ill. it's modeled on other laws the patient must submit two verbal re

kpix 5's kiet do is live this morning with more on possible new regulations. kiet. >> yes. good morning. later today the state will vote and likely pass these new fuel standards. the governor says when it comes to fighting climate change what we need is historic virtual. if it passes it will be the first of its kind in the nation requiring a 10% cut in carbon emissions on transportation fuel sold in the state. it must happen by 2020. here's the rub to the oil industry. not only does that 10% cut have to happen with the fuel but it applies to the factories and oil rigs. it even applies to the tanker trucks used to deliver the fuel to gas stations everywhere. it's dubbed as a cut that applies from the, quote, wheel to the well. oil companies that fall below the baseline can sell credit to other companies. the idea is to encourage greater use of biofuels and electric vehicles. all of this of course will likely raise gas prices for drivers by a few cents per gallon. that amounts to roughly a extra 5 to $21 a year by the 2017. and by 2020 you will be paying an extra 12 to $48 a

kpix 5's kiet do is there. good morning. >> reporter: we are here to witness history as the largest all-girl catholic school in the south bay, hundreds of children attending this morning. probably still in bed right now. they have large screens ready for the pope's address to congress. what's a high school address without a selfie station? they have a life size cutout of the pope here so people can take selfies with him and make sure that they get a lot of likes on instagram. okay, so, students expected here at 6:30 this morning. joining me now is eric buhl the director or the chair of the religion department here at presentation high school. um, tell me, what is it about, um, this event that's going to make, um, these young kids come out this early in the morning? >> reporter: i think it's fun to be part of a community that really rallies around a cause and believes in something. and this pope is very authentic. when teenagers see that type of authenticity that type of passion, they have a chance to get togeth

camp cambria where homeless people in rvs are taking over the street corner in west san jose, i'm kiet do. >> things are heating up here at justin herman plaza, i'm not talking just the weather. we are 150 days away from super, >>> a new era for the late show here on cbs kicking off last night. steven colbert made his big debut as the host. >> mexico is taking our economy, and they're ripping it in two. >> colbert brought a lot of energy to the stage, his first guest was actor george clooney followed by jeb bush. the show ended with an all star version of the song everyday people. tonight colbert will welcome elon musk. >>> kpix 5 is your home for super bowl 50. the big game only 150 days away. >> i can't believe it. roberta gonzales is at justin herman plaza where the kickoff is in full swing. >> everybody's been talking about the weather but things are just heating up here at justin herman plaza. i'm talking about high octane energy here. this is the first time we've seen any kind of excitement regarding super bowl 50, and what you're look ago at is five vince lombardi trophies earne

kiet. >> reporter: good morning.ds and family of antonio ramos are planning a candlelight vigil at the scene today to remember him. they are calling him an incredible spirit and an amazing person who loved to do this kind of work. city leaders say his death was heart-wrenching and senseless. >> i just can't understand why someone would do this, like he was such a good person to everyone and we had so much fun together and i'm really going to miss him. >> reporter: candles light a dark overpass on west street in oakland after a volunteer artist named antonio ramos was gunned down. friends say he drove to the mural yesterday to paint with a smile on his face. he was carrying a speaker to listen to music. >> i'm in shock. we are in all shock. it's hard to actually believe that he is not here with us. >> reporter: david burke a fellow artist was just feet away when the shooting happened and wonders whether it was a robbery. others say there was a dispute over a can of paint. whatever happened, burke says he heard the gun

kiet do is in santa clara, where the sheriff is expected to hold a briefing. kiet. >> reporter: sheriff lori smith expected to hold a press briefing at 2 p.m. and do something never done before for the history of the agency and that's recommend murder charges against three of her own correctional deputies. we are hearing that one of the deputies self surrendered here at the headquarters through a back door. the others were arrested at home. sources say at least one of the deputies had a history of using excessive force. last thursday, 31-year-old michael james tyree, a white man transient was found dead in his cell. the sources say the sheriff's investigators became suspicious when the coroner revealed the inmade had died of massive internal bleeding consistent with being beaten. the following day the sheriff's office wasn't releasing much information but there were many election to reporters from anonymous sources and as a result, watchdog groups began to pressure the agency and calling for more transparency. >> the slow information is creating tension and di

i'm kiet do, we're live in santa clara. >> all right thanks.ying with the commute we have a traffic alert right now. >> let's go right to 580 and 680 right now. the good news is chp is clearing everything over to the right shoulder as we speak but the big rig involved with a couple of vehicles as well as a motorcycle. it has three right lanes completely shut down and now being pushed over to the right shoulder. they issued a traffic alert. but it's bumper to bumper out of the altamont pass to 680. another map here just a heads- up tonight for 49er traffic. if you plan on heading out to the game, you're going to see extra busy conditions along 101, 237, and 880. now a typical commute out of san francisco oakland via 101 or 280 is about 45 minutes to 50 minutes. extra busy conditions. it's in the heart of the commute. so give yourself some extra time. frank? >>> okay. thank you for that. well today b.a.r.t. is implementing changes to try to ease overcrowding during the commute hours. the transit agency adding and lengthening their trains. they wi

i'm kiet do.have the incriminating text messages coming up in a live report. >> we have clear skies to start out the day but a warming trend is on the way. just how hot is it going to get? that's coming up. >> traffic bumper to bumper through the san ramon valley. an accident blocking lanes. big delays at the bay bridge toll plaza. traffic is also very slow for the altamont pass. i'll have more details coming up. >> all that on a friday, too. good morning, everyone. it's september 18. i'm michelle griego. >> hi, everyone. i'm frank mallicoat. >>> we begin with the "valley fire" which claimed more victims. at least 3 are dead but some of those who fled the flames are being allowed back to their homes. kpix 5's anne makovec has been covering the fire this week and is live at the evacuation center in calistoga. anne. >> reporter: a lot of these people are sick of staying here at the napa county fairgrounds. i cannot blame them. evacuation orders have been lifted for the berryessa estates. but there a

good morning, kiet. >>> reporter: good morning.chdog groups plan to march around the jail demanding inmate safety and protesting guard abuse. that is scheduled to happen at noon here at the main jail in downtown san jose. yesterday, the sheriff held an emotional press conference condemning what she called a vicious violent cowardly act by three correctional deputies. matthew farris, jereh lubrin and rafael rodriguez were all arrested yesterday on suspicion of murdering michael james tyree in his jail cell. >> i want to express my profound sorrow. >> reporter: she conveyed condolences to the family of the inmate and condemned a violent cowardly act by three correctional deputies, matthew farris, jereh lubrin and rafael rodriguez were arrested yesterday on suspicion of murdering tyree in his jail cell. >> >> each accused murderer was booked, fingerprinted and photographed at the santa clara county main jail, the very same james where they are accused of jail where they are accused of killing the inmate. >> reporter: tyree was found d

good morning kiet. [ sirens ] >> reporter: yes, dream force now being billed as the largest software convention on earth. i'm going to speak up here because some sirens are going off here. but sales force is saying they have about 16 # thousand people now registered for this convention. that is roughly the population of sunnyvale, jammed into to a already crowded san francisco. as a result, dream force has a laundry list of closures and detours and muni bus rerouteing to talk about. take public transportation or use alternate routes. they're being warned of heavy foot traffic and parking control and police officers will be out in force and this is only day two of five. the conference wraps up on friday. now with all those people, there simply aren't enough hotel rooms to go around. so 1100 people are staying in an unusual spot. it's a cruise ship that's been dubbed the dream boat. it's docked at pier 27. sales force partnered with celebrity cruises to offer these accommodations after thousands of people got stuck paying a premium for hotels last year. rooms on the ship start at $250

kpix 5's kiet do joins us live now with the proposal. good morning. >> reporter: i yes, good morning. -- yes, good morning. rents in san jose for a one bed one bath apartment is about $2,300 starting price. that is $1,000 jump or 77% jump in just six years alone. and so today, the san jose city council will be studying ways to try and slow that down with a proposed apartment rent ordinance. now among the ideas, reduce allowable rent increases to just 4% a year. and the city's also looking at a good cause eviction rule to try and protect tenants. now rising rent has forced people to move out of san jose and into the outlying areas making the commutes very long. landlords and property owners argue for them it keeps them from getting money for maintenance and upkeep. the current ordinance doesn't allow rent control on any building built after 1979. >> we are not doing enough to make sure there's affordable housing for everyone our homeless population is far too large. >> reporter: city council will be voting on a staff report this afternoon

in san jose, kiet do, kpix 5. >>> and as kiet said in another move to curb emissions next week the state will introduce those plans to reduce methane and black carbon. >>> hyundai is recalling nearly half million cars to replace engines that have a potentially dangerous problem. the recall covers 470,000 sonata sedans from 2011 and 2012. metal debris play not have been removed from the crankshaft area during factory work. that debris can restrict oil flow to key parts causing a chain reaction that could make the engine stall. so far there are no reports of crashes or injuries from the problem. >>> a mystery east of redding. a lake disappeared overnight. saturday pg&e uses the water for hydroelectric power but says it didn't drain the lake. neighbors say the thousands of fish that died could have been relocated. >> just makes kneel like they really didn't want to do a fish rescue. and that was easier just to open that sucker up. >> until we get more rain, we are not likely to see much if any appreciable increase in the reservoir levels. >> at folsom lake workers are finishing work on floa

kiet. >> reporter: good morning. district attorney's office has had five days to look over sheriff's report. the sheriff recommends murder charges but the final call is up to the d.a. later today we'll get a look at the three men as they make their first court appearance at the arraignment. the three, rafael rodriguez, jereh lubin and matthew farris, only rodriguez gave an interview telling the "mercury news" he didn't do it and doesn't know how the inmate was killed. michael james tyree was found naked, unconscious, covered in vomit and feces on august 27. he had lacerations to his spleen and liver and died of internal bleeding. the correctional deputies were conducting a routine clothing search with the other inmates locked in cells for the night. sources say the deputies became violent when tyree refused to take his medication. investigators say there is surveillance video showing the three deputies entering tyree's cell about an hour before he was found. >> after refusing to give a statement, each accused murdere

we're live in downtown san jose, kiet do, kpix 5. >>> thank you. california's 4-year-old corral justice re-- criminal justice realignment population hasn't saved money. that's according to a new report by the public policy institute of california. the changes also did not produce a feared spike in violent crimes since october 2011. that's when the state shifted responsibility for lower level offenders to county jails. >>> a double homicide in castro valley and the suspect is a relative of the victim. it happened at the chetwood crest mobile home mark and police were called there yesterday morning for a welfare check. they discovered a bloody scene and the bodies of a man and a woman. police say a relative was in the home. that person was taken into custody. >> definitely going to want to talk to him. anytime you have a murder scene and you have somebody that's still there, that's going to be the perp you're going to -- person you're going to talk to. >> no word on a possible motive so far. >>> new data on police stops in berkeley this year is revea

kpix 5's kiet do is?an jose with details about the latest case and an alleged beating that happened earlier. >> reporter: good morning, this is the third inmate to die here at the jail since august and it happened at a time when the jail itself is in crease sis. this happened around 10:30 yesterday morning when a jail guard found the inmate unconscious and tried to perform cpr and first aid. paramedics a tried but he was pronounced dead. the sheriff's detectives and d's office and coroner are always investigating which is standard procedure. that identity is not being released until the man's family is notified. in other big news with the jail, two of the three jail guards accused of murdering an inmate last month are now free on bail. jereh lubrin and rafael rodriguez each posted bail. the remaining guard matthew farris has a court hearing today trying to use property to cover the bail in lieu of cash. the da is charging the three with murder for allegedly beating to death michael tyree last month. tyree

good morning, kiet. >> reporter: good morning. it's called ticket amnesty designed to help people who are have fines and penalties that are spiraling out of control. 5million people have had their licenses suspended because they got a traffic ticket they couldn't pay and hundreds of thousands of court files on top of that. the amount of unpaid traffic tickets in california is more than $10 billion. legal aid has been calling it a civil rights issue because it affects poor minority drivers. critics say it's a vicious cycle because without a license, offenders can't get to work to earn money to pay off the fines which result in more fines. >> people have parking tickets and i know that it's like overwhelming because some of them don't have jobs. with that, i mean, it helps out a lot. >> reporter: the amnesty parameter only applies to tickets before 2015. all fines will be reduced by 50%. if you can prove you are low income then fines are reduced up to 80%. this does "not" apply to reckless driving, dui or "parking tickets." the cour

kiet. >>> reporter: good morning.t looks like the haze may be lifting on statewide regulations on medical marijuana. there was a flurry of activity last night with lawmakers as they struck deals on a wide range of bills to try to rein in that industry. first off, they created what's called a bureau of medical marijuana regulation to oversee every aspect of the industry from cultivation to retail distribution. next, cities and counties still have the right to ban medical marijuana businesses. individuals will have the right to grow it themselves. the deal also addresses some of the environmental damage done by outdoor crops that steal water and pollute forests are chemicals. all these measures will be up for a vote today when lawmakers adjourn for the year. also up for a vote the "end of life option" act otherwise known as the "right to die" or wsisted suicide.

we're live in san francisco, kiet do, kpix 5. >> looks like fun. okay thanks. >>> it is 5:06 now. a mistrial was declared for a teen accused in the 2013 murder of an off-duty paramedic. meanwhile another teen was found guilty of the murder. alameda county judge declared the mistrial for 18-year-old christian birden. he was initially accused of shooting can killing quinn bowyer in the oakland hills back in 2013. instead 17-year-old david mcneil was found guilty of the murder. >>> tonight, the berkeley city council will consider a plan to boost the minimum wage to $19 an hour over the next five years. the proposal from the city's labor commission suggests bumping up the 2016 increase to $13 an hour. followed by an increase to $14.50 in 2017 and $16 in 2018, and $17.50 in 2019, and $19 an hour in 2020. the council will also vote on a proposal to raise the smoking age. it would prohibit the sale of tobacco products to people under the age of 21. according to the council member who submitted the proposal, nearly 9 #% of smokers -- 90% of smokers begin before the age of 18. he argues th

kiet? >> reporter: yeah, good morning, that inmate died at 11:00 yesterday morning. but it took some time for the sheriff to make it public. we didn't learn about this death untillen the hours later. -- ten hours later. a guard found the inmate unconscious in a cell and immediately started cpr and first aid and paramedics also tries to bring him back but he was pronounced dead after a half hour. sheriff's detectives and the da's office and the coroner are all investigating standard procedure. the name is not being released until the man's family is notified. this is the third inmate to die in custody since august. two of the three correctional deputies accused of murder last month are out on jail. they posted the $1.5 million bail and the remaining guard has a court hearing today trying to use property to cover the bail in lieu of cash. the da is charging the three with murder for allegedly beating a mentally ill inmate to death last month. michael teary was found unconscious an hour after the camera found the three deputies enters the kill. the -- entering the cell.

kpix 5's kiet do is there. good morning. >> reporter: we are here to witness history as the largest all-girl catholic school in the south bay, hundreds of children attending this morning. hundreds of students will -- almost 500 students rsvps to watch the pope address congress. they will do so here inside the gym. we have a couple of large tv screens, a fancy sound system, so that all these kids can experience this historic moment together. what's a high school address without a selfie station? they have a life size cutout of the pope here so people can take selfies with him and make sure that they get a lot of likes on instagram. thigh school also has face masks of the pope. joining me now is religious studies department chair. >> this is the first pope tweeting on social media. tell me, what he would think of all this that you guys have done now. >> pope francis is very joyful. figure. and i think our teenagers see the joy so i think he would enjoy the selfie station, the face masks, the bingo cards we have g

kiet do joins us live in san jose this morning with more. kiet. >>> reporter: good morning. the fallout has begun in this historic case. later today watchdog groups plan to march around the jail demanding inmate safety and protesting guard abuse. that is scheduled to happen at noon here at the main jail in downtown san jose. yesterday, the sheriff held an emotional press conference condemning what she called a vicious violent cowardly act by three correctional deputies. matthew farris, jereh lubrin and rafael rodriguez were all arrested yesterday on suspicion of murdering michael james tyree in his jail cell. they were supposed to do a simple search of clothing and belongings but the coroner found tyree had lacerations to the liver and spleen causing massive internal bleeding. sources say video evidence shows the three deputies entering his cell where they are accused of beating him to death reportedly over his refusal to take medicine. >> each accused murderer was booked, fingerprinted and photographed at the santa clara county main jail, the very same james where they are

good morning, kiet. >>> reporter: good morning. still a very active scene out here in bay point, where people are evacuated now. some of them allowed back into their homes, though, a lot of homes damaged, a lot of people crying. this all began about 1:00 this morning when a car caught fire in a driveway off anchor drive. the fire then jumped to a house and then heavily damaged it. it then spread to three more houses. people were in bed at the time. by the time they tried to escape, there was a lot of smoke. people suffered smoke inhalation. several people were injured, four taken to the hospital with relatively serious injuries. here's contra costa county fire marshal robert marshall. >> we're still assessing to see if there are other patients. the houses were all occupied at the time of the fire. but we still don't know for sure if everybody was out of the home. >> reporter: the cause of the fire is still under investigation. the flames are very intense. they burned a lot of power lines so power is out to the neighborhood. we are

we're live in san jose, kiet do, kpix 5. >>> okay thanks so much. the state of a mobile home park in palo alto is up in the air after the owner broke off negotiations for a potential sale. for three years the buena vista mobile home park has been facing closure, about 400 people live there. the owner stopped talking with the city as well as a nonprofit offering to buy the property. >>> accused their landlord of housing discrimination. the rentes of the apartments say the property owner banned them from the common space because it was being used by families with children. they say the landlord also made sure there were no play areas and changed the common space so it wouldn't be used for gatherings. the plaintiffs are getting a total of $370,000. >>> santa clara county leaders taking action after the valley medical center expansion project. the county hired turner construction shortly after voters approved the project back in '08 but delays had pushed the completion date from 2013 up three years to 2016. and now it's backed up again to 2017. county s

live in downtown san jose, kiet do, kpix 5. >>> search teams will be out again today in the north bay this morning looking for a man reported missing while on a camping trip. he was last seen on his boat docked near angel island about 1 a.m. yesterday. 42-year-old wouter van lier of san francisco is described as 6 feet tall, 190 pounds. the coast guard and some other agencies spent yesterday searching the area around the island. his wife thought he may have gone out hiking. >>> bart trains were halted and service was delayed systemwide all because of a selfie. last night, police were notified that a man post the a photo of himself lying on the tracks on social media. service resumed after 30 minutes once the authorities determined he was no longer within the bart system after tracing his cell phone. >>> big night here on channel 5. the dawn of a new late night era as stephen colbert debuts on the late show here on channel 50. here on channel 5. >> he has big stars lined up for the show. don champion joins us outside the ed sullivan theater in new york city. very exciting, don. >> repo

kiet do reports. >>> reporter: yes.s lit up social media with folks who live in the area saying there are a lot of broken hearts in the neighborhood. now, neighbors are suing the family of an autistic boy to try to declare that 11-year-old a public nuisance. the suit is seeking unspecified damages and an injunction to prevent future incidents. the boy has hit, slapped and kicked younger children in the neighborhood when the parents or sitters weren't around. the problem has steadily worsened over the six years the family lived there. neighbors say they have tried repeatedly to work with the boy's parents to make sure he is properly supervised but the attacks continued. on the flowers is one of the -- robert flowers is one of the plaintiffs. it's not about autism. it's about public safety. >> this was our last resort but we couldn't just sit by and watch it continue. >> as the parent of a child with special needs you're concerned, like, what if there's a precedent set about this, you know? how many times might my kid hav

kiet. >> reporter: good morning. this case has gotten national attention. it's divided this small neighborhood in sunnyvale. if the judge rules for the police officers it may have major implications for precedents. neighbors are suing the family of an autistic boy to declared 11-year-old a public nuisance. he has hit, slapped and kicked younger children when the parents and sitters weren't around and the problem got worse over the past six years. neighbors say they tried repeatedly to work with the boy's parents to make sure he is properly supervised. robert flowers is one of the plaintiffs and the didn't want to appear on camera but said it's about public safety, not autism. >> a neighbor boy who has continually attacked small children including our own culminating in a brutal and vicious attack on my son's fourth birthday. >> reporter: the suit is seeking unspecified damages and an injunction to prevent future incidents. what's more, the family moved out. neighbors are not dropping the lawsuit because the family can move back at any time. now, that boy's

kpix 5's kiet do is along story road with the latest. >> reporter: good morning. still a very active scene here in the foothills of east san jose off story road. they have some burning power lines over one corner of the house fire. take a look at the video. it looks like the fire started somewhere in the front part of the house possibly the garage area. the homeowner says they just moved in a week ago and were doing renovations. first they thought it was a burglar. they called 911 ran out and seeing the front of the house on fire. the family got out safely. a good portion of the house is heavily damaged. san jose fire called a second alarm because they thought it would spread to nearby homes. no damage to neighboring houses. story road is blocked in both directions east of clayton road. live in the foothills of east san jose kiet do, kpix 5. >>> santa clara county may be on the verge of altering its policy on undocumented immigrants. supervisor are expressing support for a plan to notify federal immigration authorities when inmates flagged for possible deportation

kiet do has more on the new program that could save you money. >> reporter: the governor signed this into law to help people out of what he called a hell hole of desperation under a mountain of penalties and fines. there are nearly 5 million people in california with suspended licenses because they got a traffic ticket they couldn't afford to pay and then hundreds of thousands of court fines on top of that. it's estimated that the amount of unpaid traffic tickets in the state is more than $10 billion. legal aid groups have been pushing for this calling it a civil rights issue because it affects mostly poor minority drivers. critics say it's a vicious cycle because offenders can't get to work to money to pay off the fine which results in more fines. >> sounds like a win-win. it sounds like great way to get your name off the list. it gives the state the money it probably needs for roads and bridges. so sounds like a good idea. >> reporter: the amnesty program applies to tickets only before 2013. all fines will be reduced by at least 50%. if you can prove you're low income, then fines c

kpix 5's kiet do on the text messages that were used against the officers. >> reporter: the judge set the bail for each guard at $1.5 million saying the prosecutor did not prove they were a threat to public safety. we finally got our first look in public of these three guards today in court. rafael rodriguez, jereh lubin and matthew farris appeared in shackles and jail uniforms that said alameda county. that's where they are being held in protective custody. they all face murder charged for allegedly beating a mentally ill inmate to death last month. michael tyree was found unconscious an hour after surveillance cameras captured the three deputies entering his cell. the coroner said tyree died of massive internal bleeding. the district attorney's office asked for a $10 million bail. each saying that the guards posed a threat to public safety because of some incriminating text messages sent about a month before the inmate's death: >> we don't know what the context was, what text messages came before though, after those or whether in fact they are actually even texts that trace directly

in downtown san jose, kiet do, kpix 5. >>> president obama is getting ready to welcome pope francis when he lands on u.s. soil for the first time this afternoon. reporter weijia jang tells us security teams in three major u.s. cities have spent months preparing for the historic day. weijia. >> reporter: well, michelle, this is one of the biggest security operations in u.s. history and it will be a moment in history as you mentioned when pope francis lands and walks on u.s. soil for the first time. the president and vice president joe biden will be waiting at the very bottom of the stairs of the airplane for what's sure to be an unforgettable welcome. pope francis has departed cuba for the u.s. after celebrating a final mass in santiago. he called catholicism the foundation of cuban identity and called for a revolution of tenderness as cubans rediscover their heritage. in washington, dc, security teams are making final preparations for the pope's arrival this afternoon. he will land at joint base andrews where he will be greeted by president obama and the first family. the pope's rival be

we are live with the details on the welcoming ceremony. >> i'm kiet do live in sunnyvale.n to cut down el camino real from three lanes to two moves forward. we have a live report straight ahead. >> and traffic is beginning to slow down at the bay bridge toll plaza where the metering lights are still off. i'll have more "kcbs traffic" still ahead. >> and on this first day of autumn it's going to be warmer today than the last day of summer. >> good morning, everyone. it's wednesday, september 23, i'm michelle griego. >> i'm brian hackney in for frank mallicoat. >>> here is a live look now from washington, dc where pope francis and president obama will get together again shortly. it's a day full of activities for the pope. >> and for a rundown of today's activities, let's go live to washington and cbs news' weijia jang. good morning. >> reporter: good morning to you and good morning to everybody. the pope had a quiet night but certainly not today. it is going to be a packed schedule. he woke up at the vatican embassy where he is staying in washington and after that unforgetta

kpix 5 reporter kiet do reports from the scene, where investigators believe they know what triggered that fire. >> reporter: it must make you shake your head. >> when you do this long enough, things don't surprise you. >> reporter: investigators say somebody got high with a drug pipe, lighters they found inside this minivan and started a fire that nearly burned down the whole neighborhood. >> sometimes people who are high will do stupid stuff. >> reporter: the fire in the minivan spread quickly and jumped to the house and raged or for some time before anyone called nine one. it jumped to three more houses. it was a frantic evacuation as people ran through the heat and smoke and tried to fight the flames with garden hoses. this person watched in horror as her own house burned. she and her three children escaped okay but says her life and dreams are gone. >> all my pictures, all my memories, are gone. >> reporter: her sister says she saw people doing drugs in the van at all hours of the day and called police multiple times. she says all this pain and suffering could have been prevented

we're live in san jose, kiet do, kpix 5. >>> bring it on. okay thank you. former stanford swimmer charged with sexually assaulting a woman on campus set to appear in a palo alto courthouse later today for a preliminary hearing. 19-year-old brock turner was arrested back in january when deputies found him pinned down by two people after he allegedly assaulted a woman outside a frat house. >>> the hot summer in wine country is kicking the grape harvest into high gear. >> kpix 5's maria medina with what this means for this year's vintage. >> reporter: this year the grapes are ready to be harvested more than a month earlier than normal. >> it's a cry s year. we're having a lot of fun with it. >> reporter: david page the owner of the winery in redwood city says not only is this the earliest harvest in the area, he says the grapes ripened all at once. >> so instead of having a staggered kind of set of fruit that would be ready over the next new weeks we had a big rush. >> reporter: but david says the vineyards and many others got hit hard by a cold snap in may. i

live here at levi's stadium in santa clara, kiet do, kpix 5. >>> thank you very much.s tonight. against the vikings. traffic down that way. how about right now? how we doing right now? >> right now traffic is not doing too bad to the south bay. in fact north 101 is actually looking pretty good. it's later on really going to have a big mess. 101. 237, 880. that's where we're going to see the bulk of the delays. again, 7:20 kickoff as he said. that's in the bulk of the evening commute. extra busy conditions anyway for folks headed home from work along 101 # t peninsula 280 as well. guadalupe parkway north will see some delays and also might see exits off of 101 and great america parkway backed up and also 880, 237, to north first street of course all of it leading the tasman right there at levi's stadium is. if you do use caltrain you do transfer to vta at mountain view. typical commute is about an hour, 45 minutes extra for your regular drive time. so i'm recommending at least two hours if you're coming out of san francisco or oakland. or the peninsula to get to levi's

kpix 5's kiet do on what police are doing to stop it from happening again. >> reporter: and this is the third inmate to die here at the jail since august and it happens at a time when the jail itself is in crisis. and under intense scrutiny. this all happened at 10:30 yesterday morning when a jail guard found the inmate unconscious inside the cell. and tried to perform cpr and first aid. paramedics also tried to bring him back but he was pronounced dead. sheriff's detectives, the da's office and the coroner are all investigating which is standard procedure. and that inmate's identity is not being released until the man's family is notified. in other big news with the jail, two of the three jail guards accused of murdering an inmate last month are now free on bail. jereh lubrin and rafael rodriguez each posted the bail can the da is charging the three with murder for allegedly beating to death michael tyree last month. tyree was found unconscious an hour after surveillance cameras captured the three entering his cell. the sheriff has called the beating gus disgusting and -- disgusting an

kpix 5 reporter kiet do is live at levi stadium with what you need to know if you're going to the game. >> reporter: good afternoon, we asked the stadium folks to give us a tour. show us the cool new stuff, and they said no because they wanted to keep a lot of it a surprise and secret for the fans. the first thing fans will notice are a pair of brand new screens, one at the entrance. 1400 seats have been added in what used to be the standing room only. given complaints about heat, beer and water are cheaper. as for internet access, there are 100 new wi-fi access points and 60 distributed antennas. chris says he can instagram that much faster. >> shouldn't you pay attention to the game. >> most of the people don't really pay attention but normally, the people paying attention in the 4th quarter because it gets interesting. >> reporter: on any given night, vta has 28 trains running. for monday night football, they are adding 10 additional trains. they will be direct route trains so passengers get to the game kicker. the agency says they learned a lot in the preseason game against the san

kpix 5's kiet do tells us three officers have been arrested and accused of killing him. >> i want to express my profound sorrow. >> reporter: at an emotional news conference the sheriff conveyed her condolences to the family of inmate michael james tyree and condemned what she called a violent and cowardly act by three correctional deputies. matthew farris, jereh lubrin and rafael rodriguez were all arrested yesterday on suspicion of murdering tyree in his jail cell. >> each accused murderer was booked, fingerprinted and photographed at the santa clara county main jail, the very same jail where they are accused of taking the life of an inmate they swore to protect. >> reporter: tyree was found dead in his cell last thursday naked and lying in his own feces and vomit. a coroner report detailed multiple blunt force injuries. sources say video evidence showed the three correctional deputies entering tyree's cell where they are accused of beating him to death reportedly over his refusal to take his medicine. tyree was in jail for petty theft and drug charges. he was due to be released to

kiet do reports the family just moved into the home. >> reporter: it was a raging single home house fire that quickly went to two alarms here in the east foothills of san jose. take a look at some of the video shot by some neighbors on their cell phones. it shows a fire started somewhere in the front part of the house, possibly the garage area. the homeowners moved in a week ago and were doing renovations. at first they thought the commotion was a burglar so they called 911 only to find out the fire had engulfed the front part of the house. all four family members got out safely. the fire got into the attic and started making a run to the rest of the house but firefighters were able to cut it off. however, it looks like a good portion of the home is heavily damaged. here's the san jose fire captain to explain why they called a second alarm. >> we were trying to protect the houses around it. when the first engine got on scene, the house was fully involved. that means there was fire coming out of every opening in the house, and some openings were made by the fire. >> reporter: san jose fir

kpix 5's kiet do explains why there were so many tenants in one home. >> reporter: if you want to set a against -- get a sense of how bad the housing situation is in the bay area, then look no further than 502 drive in east san jose. around 5:00 this morning, a fire broke out in the garage. the smoke alarm wept off and everybody got out okay. all 13 people. are you seeing multiple families living inside one house? >> it happens quite often. i don't know -- the statistics and i can't speak to that but yes it happens quite often. >> reporter: the house has a couple of bedrooms for the extra tenants and a family of seven, a second family of three, and a couple more individuals some of whom are elderly. >> sure i would say it's typical for like our community. our beautiful community where we need all the people to -- for a place to stay coming from you know, our friends, family. et cetera. >> reporter: the red cross will help tia lee find a temporary home for the next few days. >> get the hotel and we don't know yet. >> reporter: how a though tell? >> maybe. -- hotel? >> maybe. >> reporte

kiet do has more. >> reporter: yes, dreamforce is being billed as the largest software convention on earth. the company is boasting 160,000 attendees. that is roughly the population of sunnyvale crammed into the already crowded san francisco. as a result, dreamforce now has a laundry list of detours and road closures and muni bus rerouting to talk about. visitors are being hold to take -- told to take application transportation and being -- public transportation and being warned of heavy foot traffic. this is only day two of five. the conference wraps up on friday. now with all these people in town, there simply aren't enough hotel rooms to go around so 1100 attendees are staying in an unusual spot. it's a cruise ship that's been dubbed the dream boat and it's docked at pier 27. salesforce partnered with celebrity cruises to offer these unique accommodations after thousands of people got stuck paying a premium last year. rooms on the ship start at $250 a night and it is sold out. >> it's a thrilling experience being on board because we are able to offer more than five star service as