joe vazquez on what the law says you can do when your life is in danger. >> jay says he did what he had to do to survive. >> right in the head. >> i went pow, pow. >> after a burglar busted in his front door and held the 90- year-old at gunpoint, he tricked the gunman into letting him go to the bathroom, that's where the veteran stashed away his 357. when he came out, the burglar shot first, then pleaded for his own life. >> i looked him straight in the eye. i said, don't kill me. don't kill me. >> he shot the burglar three times. he was clearly defending himself, but could he face criminal charges? >> not at all. why? the intruder come in, pulled a gun on his head. >> sarah lives right beneath him. >> this is one of the boys. >> she heard the gun shots and realize they barely missed her. >> you need to wait to be shot first and then be dead and then what? >> and some states, you must retreat. >> cbs 5 legal analyst says in some states, homeowners can get criminally charged instead of running away, but not in california, because here we have the castle doctrine. >> what the doctrine doe

joe vazquez, cbs 5. >>> a rookie reserve sheriff deputy is being called a hero for the arrest for a man that says is the los angeles arsonist. he pulled over a minivan that matched the description of a vehicle that had been seen near several of the fires. more than 50 suspicious car fires were set in less than a week. two police officers arrived after the traffic stop and arrested 24-year-old harry burkeheart. they are sure they have the right man. >> we are very confident in this arrest that we have a long way to go. >> police release surveillance video to the public yesterday. that video led to tips that the man in the footage was burkeheart. most of the fires were set in carports or garages next to apartment buildings. police aren't saying how the fires were started. >>> other bay area headline, fire crews believe another office equipment started a fire. it broke out an the 11th floor in a building downtown. the size of the building, they called in for a third. there were minor smoke and water damage. >>> starting today, the city of alameda has more places where smokers cannot light

joe vazquez at the hall of justice. sheriff mirkarimi and his wife just talk about the charges.hat did they say? >> reporter: they did. in fact, now there's another developments. the sheriff is on his way right here to the jail. he is going to be booked into the county jail that he supervises! keep in mind, they have been at this for hours trying to negotiate a surrender. those talks fell through so he is being escorted by the sheriff's department or the police, it's not clear, apparently it's the san francisco police, into the jail. now, as we mentioned, his wife and mirkarimi both spoke at a news conference a short while ago. >> believe that these charges are very unfounded. and we'll fight these charges. i'm confident that in the end, that we will succeed in showing the missteps. >> this is unbelievable. how i say this, i don't have any complaint against my husband. we are together and we are fighting. we are going to fight this. this is my family, my husband and my son. this is unbelievable. it is completely wrong. >> reporter: that's eliana lopez ross mirkarimi's wife sayin

as joe vazquez explains, it could take months before a verdict is reached in this case. joe. >> reporter: dana, jury selection alone is expected to take more than two weeks in a case that has taken, you know, 3 1/2 years to come to trial. potential jurors lined up by the hundreds outside department 25 at the san francisco hall of justice. many claimed hardships especially after learning the murder trial of edwin ramos could take four to five months. ramos, a suspect ms-13 gang member, is accused of killing three members of the bologna family in 2008. father tony and his two sons, michael and matthew. a surviving son is expected to testify he saw ramos driving the car that blocked the bolognas in and that he saw ramos make a face and open fire. >> the bologna family was obviously destroyed as a result of this process. and what we want to make sure is that we bring justice to the family. >> reporter: ramos' defense attorney says, yes, he admits he was driving, but that another man pulled the trigger, a suspect who has never been caught. >> he is there when the murder is be

joe vazquez was in the courtroom today. he has the latest. joe. >>> reporter: as a matter of fact, i just stepped out of the courtroom. they just broke up. this hearing started at 2:30. a very long arraignment process that in fact the charge of domestic abuse was almost like a side issue because the main issue today was a protective order that orders the sheriff to stay away from his wife and child. now, i want to show you video. this is eliana lopez the wife of sheriff ross mirkarimi as she strided into court today and went before the judge and made an impassioned plea to lift a protective order. she said she wants to see her husband. she wants to be reunited as a family. and she said the only violence being inflicted on her is that violence to her family and them not being able to be together right now. now, the d.a. went at some length to say wait a minute. the prosecutor said, look, we have to look at the evidence that we've soon so far here and that is that eliana lopez on new year's day went to her neighbor, allowed her neighbor to vide

. >> thank you, joe vazquez. >>> now, can mirkarimi still perform his job as sheriff? state law says he would be automatically removed from office if he were to be convicted on a felony charge. he faces misdemeanor charges. however, the mayor has the authority to charge him with official misconduct and suspend him. then it would be up to the city's ethics commission to make a recommendation to the board of supervisors. they could either reinstate mirkarimi as sheriff or remove him from office. >>> joining me now is phil matier. certainly there has to be if not some fallout yet from this from city hall there has to be blowback. >> reporter: there is a lot of examination going on. i asked george gascon if he could continue to work with the sheriff. he said yes, he thought he could continue to work with the department. that there were professionals over there and in fact it's ross who is relatively new to the job that he could continue to work so there is one, we don't have a crisis as if people can't work with each other. but we have a public relations and political cris

as joe vazquez explains, it could take months before a verdict is reached. joe. >> reporter: in fact, ken, jury selection alone is expected to go more than two weeks. in a case that's taken more than three years to finally get to trial. potential jurors lined up by the hundreds outside department 25 at the san francisco hall of justice. many claimed hardships especially after learning the murder trial of edwin ramos could take four to five months. ramos, a suspected ms-13 gang member, is accused of killing three members of the bologna family in 2008. father tony and his two sons, michael and matthew. a surviving son is expected to testify he saw ramos driving the car that blocked the bolognas in and that he saw ramos make a face and open fire. >> the bologna family was obviously destroyed as a result of this process. what we want to make sure is to bring justice to the family. >> reporter: ramos' defense attorney says yes, he admits he was driving but that another man pulled the trigger, a suspect who has never been caught. he is there when the murder is com

joe vazquez on what she says is the real reason her husband was charged with domestic abuse. >> reporter: she is calling it political persecution and speaking out against her neighbor, who called police because she said eliana lopez came running to her crying showing her a bruise. now she reached out to an international audience to say that's not what happened and if the she says her neighbor doesn't know what she's talking about. >>> reporter: she's not saying what exactly did happen. but eliana lopez the sheriff's wife insists she is definitely not the victim of domestic abuse. [ speaking spanish ] >> reporter: the former tv star from venezuela called in to a popular news source in her home country and told the interviewer that her husband's legal troubles are a, quote, political persecution. she also questioned the integrity of her neighbor, ivory madison. she is the attorney who lives next door. eliana wonders aloud whether madison has a political axe to grind. quote, we must find out her motives and who is back her. -- and who is backing her. she waited four days to report this? we

joe vazquez talked to the greenbrae man today and he explained why he showed his intruder no mercy. >> reporter: jay leone is 90 years old. he is doing extraordinarily well considering he was shot in the face. bullet went through his cheek and then around the back. it exited out the back without hitting his skull. he was just sitting aat home when a burglar burst in. he is telling a story today that's even more harrowing than we initially realized. >> walked through and out the back of my neck. >> reporter: he escaped death but barely and now in an exclusive interview from his hospital bed, 90-year-old jay leone of greenbrae tells me it took more than fire power to defeat a burglar who held him captive yesterday. turns out he out smarted the man who kicked in his front door. leone says the burglar held him at gunpoint and ordered him not to move then scoured the house for valuables and then leone convinced him to use the bathroom. he convinced his captor to let him go. it was all a ruse. he had a .357 revolver in the restroom. he grabbed it ran back and pointed it at the burglar. >> h

campo, ambos tuvieron poca llegada y al final fue empate 0 a 0 con este resultado el empate de memo vÁzquezsÉ sanz . hizo el empate para tijuana de penal. santos volviÓ la cara 10 minutos despuÉs, el ecuatoriano tristÁn surez puso arriba al equipo y luego en la victoria para los laguneros 3 a 1 . es la primera derrota de los cholos en la era del tÉcnico antonio mohammed. >> el arsenal vino de atrÁs ante la sombrilla, con dos penales cobrados por el irlandÉs robert mcpercy. arsenal ganÓ tres a dos y adelantÓ a los octavos de final. en espaÑa el valencia jugÓ un partidazo, apenas al minuto dos adriÁn gonzález al 76, de esta forma el empate para el valencia,13 minutos depuÉs otra vez aduris para dar la marca, sin embargo, a dos minutos del final espinosa dejÓ el negocio parejo dos a dos. en italia lecce dio el campanazo y venciÓ al internet milÁn, el hÉroe fue guillermo giacomazzi y me tiene lugar al minuto 40. cerramos con el campeÓn del abierto de australia, se trata del serbio novak djokovich, quien le ganÓ a rafael nadal y fue la final mÁs larga de la historia de un grand slam, con mÁs de

reporting live, joe vazquez, cbs 5. >>> a related programming note for you. friday night dennis o'donnell, kim coyle and we're going to call it a cast of thousands will get you ready for the big game. they are hosting "49er preview" a special daytime on friday at 7 p.m. right here on cbs 5. >> should be an exciting show. >> great weekend. >>> developments so secret it's only known as project x. what's in the works that could mean thousands of jobs for california. >>> this is kind of like the gold rush. >> bay area tech company fighting over workers? call that fighting. the unusual thing one place is serving up to take a bite out of the competition. that's in two minutes. thousands of new jobs. >>> there is something big happening in the central valley. it could mean thousands of new jobs. a mystery project is being built in the town of paterson that facility one million square feet. apparently, whoever is behind it is looking to hire 1500 people right off the bat. so who is behind it? no one is saying. at a city council meeting a city councilwoman said that w

ana vazquez. gloria. my colleagues will read the chinese members. >> maggie pho. [applause] thank you. >> we look forward to serving the needs of this district's english learners. the english learner students. thank you. a few words from our new president. [speaking spanish] >> hi, my name is maria rocha, and it's an honor to be chosen to represent the english learners. >> [speaking spanish] >> so i'm looking forward to working together and all of us are on the same page so we can provide the children with the tools so they can be successful. so again, thank you for this opportunity and we're willing to work. >> once again, thank you for those that served last year and thank you for those that are willing to serve this year. it's going to be a lot of work. congratulations. we're moving on to our next item, which is for the japanese american citizens league donation of the book "zero" to the san francisco unified school district elementary school libraries. superintendent? commissioner murase. >> one of the few things i did on the board was to recognize a civil rig

joe vazquez, cbs 5. >>> a medical milestone.tarting this summer, insurance companies will be required to provide birth control for free. the white house confirmed its controversial decision today. beginning august 1, most medical insurance plans will be required to offer birth control without charging a co-pay. religious organizations would be exempt. however, religious affiliated hospitals must comply by august 2013. >>> we have all been taught to share but what about sharing your car, your work space, even a nanny? on the consumerwatch, julie watts explains how a south bay man is saving thousands of dollars a year by borrowing instead of buying. >> there you go. through the tunnel! >> reporter: neil enjoys sharing, so much he turned it into a lifestyle. >> i think everyone shares, maybe not aware of it but i have done it a little more consciously so it's integrated in my work and at home. >> reporter: for instance, instead of renting an office in san francisco to run his online magazine, neil shares an office for $195 a month.

joe vazquez on the prayers, tears and unconditional love that filled candlestick park. >> before the game, heroes of 90, 4040 niners past bump bellies and high abode and reflected on the path the mac fact that it's been nine years since they made the playoffs. >> we been waiting and watching. inside candlestick, but deafening crowd focused on the new hero. >>> he crashes the saints party early, with two quick touchdowns. >>> if you are playing the niners, wouldn't you be sad to? [laughter] >> they were crying that they came right back. so did the niners and went back and forth over and over throughout the game. watch the saints fan. in despair one moment and a few minutes later, the team is back on top. it was the nailbiter, unlit fighter and an eyebrow raiser. and just at the end of the night when they needed it the most, there was pandemonium and in candlestick park. the 4040 niners held on two victory. >> one of the most exciting games played in the bay area, the male body is through and the 40 niners are on to the next part of the playoffs. >> that was an amazing game. >>> i dele

joe vazquez, cbs 5. >> there's good and bad news when it comes to california's budget. the deficit is shrinking, but cuts to education could grow. the governor's new budget plan projects about a $9 billion deficit for the upcoming fiscal year. now that's a lot more manageable than the $26 billion hole that lawmakers projected for the current year. but the plan depends on voters approving the sales and income tax hikes. and if they don't, public education would automatically be cut by nearly $5 billion. linda yee shows us that is not the only threat california children face under the governor's plan. >> innocence is bliss. it's a good thing for jesus and ivory. life for them is about to change drastically. their day care is one of hundreds statewide that could get $447 million in cuts. at least one of these kids will lose daycare and a head start in education. >> you didn't get to come to school, what would you think about that? >> not learn. >> you'll have to stay home with grandma? is that okay? >> no. >> you didn't have childcare, what would happen? >> i would be in b

joe vazquez on why you're being watched. >> so we're reading that plate right there. >> it's a growing trend. mill valley police are one of many agencies that mounted license plate scanners. the camera takes a picture of every license plate as it goes by. when it spots one that is wanted or belongs to a criminal. >> it pops up on the screen. says high alert and the officer that is matched on the plate. >> an east bay company is taking it a step further. vigilant video keeps a larger data base and the national vehicle location service. law enforcement agencies can access the national data base and the company reports it led to bad guys getting thrown in jail. missing children getting found. license plate photos are collected for the data base, not by law enforcement, but private citizens. tow truck drivers are among the many people scanning and entering license plate photos as well as the car's location. so how long do they keep that information and do they allow anyone besides law enforcement to access it? we asked, but video denied our request for an interview. >> the problem is that

and joe vazquez reports, this break in is gaining new international attention. >> we did increase security. >> while banana sam gets comfortable back home at the san francisco zoo, his keepers are ramping up security. they tell us they are repositioning surveillance cameras. they are trying to figure out how it could happen. how someone could breakthrough a fence and cut two holes in the monkey exhibit and take off with banana sam. >> how does that happen? >> we are a 99-acre facility. i mean, we are a 99-acre park. when it comes to an act of vandalism and a motivated criminals. if someone is motivated to commit a crime, they're going to do it. >> case has worldwide coverage. now securing its legendary status with this animation video. the same folks who showed us the tiger woods story are giving us a dramatic reenactment of the monkey theft as well as his suspicious rescue. officials say saturday night, somebody claims to have spotted banana sam. a park about a mile away. that person tells police he was able to quickly lure banana sam into his backpack, then he called the cops. this weeke

. >> in green bay, joe vazquez, thank you. >>> a 5-year-old girl at the time, she was let off a school bus in the wrong neighborhood and all alone. tonight an east bay school district says it is not to blame. it's fighting a court ruling that says otherwise. ann notarangelo tells us why the battle could go a no-win for that school district. >> reporter: this is the place where the children in this neighborhood usually catch the bus and usually it goes without a hitch except for one day a year ago october when a little girl got lost. >>> reporter: this is how a school bus drop-off is supposed to work. children get home promptly and safely. but 6-year-old isabel remembers the day last year she got lost after getting off the school bus. >> i called for help, and then a man helped me. >> they lost my daughter. >> reporter: isabel's mother, lisa, says her daughter's daycare provider was waiting for the bus. but instead of dropping the child off at the regular stop, the substitute bus driver stopped somewhere else. it's still unclear how far away she was from home and her regular stop. >> th

eighteen point eight fourteen from fran vazquez were the strongest contributions into their confidencein two hundred fifty seven victory for the catalans that result leaves them top of eight with two wins after as many games. in other news in the n.b.a. the los angeles clippers have beaten the memphis grizzlies their side jumped out nine twenty nine seventeen lead after the first quarter grizzlies opened the second with fourteen of their own cutting the difference to just one point where half time and then there was a tight battle all the way to the final minutes clip is better mentally williams was the most out of their nine of his eighteen points in the final quarter his partner griffin i did nothing during the last twelve minutes but top scored for the house with twenty points overall ninety eight to ninety one to that california. latics way some of the world's elite runners suffer powell and veronica campbell brown are already looking ahead to the twenty twelve london olympic games and above all else taking first place is once again the number one goal for the jamaican sprinters. o

joe vazquez on how far you can go to protect yourself, your family, your home, joe? >> reporter: you know, jay leone shot the intruder in self- defense. it seems clear. well, we explored this legal doctrine called the castle doctrine. jay leone says he did what he had to do to survive. >> i got him right there first. i went pow. >> reporter: right in the head. >> then he moved, pow. pow, pow, pow. >> reporter: after a burglar busted in his front door and held the 90-year-old at gunpoint, leone tricked the gunman into letting him go to the bathroom. that's where the world war ii veteran had standard his gun. the burglar shot first, then pleaded for his own life. >> i looked him straight in the eye. don't kill me, don't kill me. he says i got a daughter. i says [ bleep ] you. pow, pow, pow, pow, pow. >> reporter: leone shot the burglar three times. he was clearly defending himself. but could he face criminal charges? >> not at all! why? the intruder come in pulled gun on his head. this is one of the bullets. >> reporter: this neighbor heard the gunshots and realizes th

joe vazquez on how you're being watched and why. >>> reporter: >> so we are reading that plate right there. >> reporter: it's a growing trend in law enforcement. mill valley police are one of many agencies that have mound license plate scanners on their patrol cars. the camera takes a picture of every license plate as it goes by. then when it spots one that's wanted or belongs to a criminal -- >> it pops up on the screen. it says, high alert, and that alerts officer that it's matched on a plate in the system. >> reporter: now an east bay company is taking it a step further. vigilant video of livermore keeps an even larger database and keeps them in what is called the national vehicle location service. law enforcement agencies can access the national database and the company reports it has led to bad guys getting thrown in jail. missing children getting found. license plate photos are collected for the data base not just by law enforcement but by private citizens including repo companies, tow truck drivers looking for debtors are among the many people scanning and entering license pla

. >> joe vazquez, thank you. >>> the captain of the cruiseship that capsized off the italian coast appeared in court to face charges of abandoning ship. shocking new audio recordings released today will likely become a cornerstone of the investigation into the deadly crash. [ non-english language ] >> reporter: an italian coast guard official swore in frustration at the captain of the stricken costa concordia after the ship crashed into rocks off the coast of italy friday night. the dramatic recording makes clear it captain schettino left his ship before all passengers were off and resisted going back. [ non-english language ] >> reporter: when asked how many passengers were still on board, schettino grossly underestimates the count and can't give a precise answer. >> reporter: at least 11 people died in the shipwreck. 23 others are still missing. rescue workers are now blowing holes in the side of the ship so divers can search its murky interior for survivors. >> we hope in this way we can reach all the places that haven't been inspected yet. >> reporter: but so far, rescue crews have only

joe vazquez just got the court of documents that detail what was on the tape.'t released the video, but we're starting to get some of the transcripts from the video in this arrest affidavit just obtained by cbs 5 and this affidavit contains some of the evidence -- much of it from neighbors, one of whom happens to be a lawyer. this neighbor says sheriff ross mirkarimi's wife came to her house crying and freely flowing with details of domestic abuse including what she called

joe vazquez reports she is now questioning the woman who reported the alleged attack. joe. >> reporter: allen, we're talking about her neighbor the very same neighbor who according to police documents went to the police for help on behalf of eliana lopez. now the sheriff's wife is telling an international audience in spanish that that neighbor doesn't know what she's talking about. >>> reporter: she's not saying what exactly did happen. but eliana lopez the sheriff's wife insists she is definitely not the victim of domestic abuse. [ speaking spanish ] >> reporter: the former tv star from venezuela called in to a popular news source in her home country, [ non-english language ] , and told the interviewing that her husband's legal troubles are a, quote, political persecution. she also questioned the integrity of her neighbor, ivory madison. she is the attorney who lives next door. eliana wonders aloud whether madison has a political axe to grind. quote, we must find out her motives and who is back her. she waited four days to report this? we want to know who she talked t

joe vazquez is outside the hall of justice with how ross mirkarimi is responding to that decision. >>ormer supervisor now sheriff spoke out. we'll tell you what he said here in a short while. but right after he spoke out, he was under arrest. he is being booked into the county jail here. let me tell you about the charges. there are three misdemeanor charges, domestic violence battery, child endangerment, and dissuading a witness. now, he also faces a restraining order from the district attorney and they say they are calling that a protection order that

hay un testigo vÁzquez de armas colombiano que dice haberte visto en panamÁ en una reuniÓn en la que cruzÓ un aeropuerto son detenida. mientras doy las explicaciones... pude demostrar en este paÍs donde tengo asilo que fui acusada. no creo que estados unidos le vaya a dar asilo a terroristas. >> quÉ pasa con la enfermedad de chÁvez? >> no creo que se muera... >> pero esta desmejorando. ¿se le puede ganar con votos? >> sÍ, pero no lo puede reconocer, tenemos muchas maneras... como se han venido alimentado las mÁquinas electorales porque la oposiciÓn no tiene suficientes testigos en la mesa y hay muchos testigos para desconocer el triunfo de la oposiciÓn. >> describes una travesÍa en barco o terrible desde venezuela a curazao. >> me estaban buscando, luego escribo el mes que pasÉ escondida en venezuela hasta que salÍ en un barco porque habÍa una tormenta terrible y estuvimos navegao nueve horas. yo creo que fue el comienzo de todo esto. >> en un viaje a perÚ a bien te dijo algo que marcÓ el tÍtulo del libro. >> sÍ, detuvieron en el aeropuerto, estuve horas detenidas, se aclarÓ la situa

que se lleve a cabo el primer debate, una encuesta reciente dÁ una ventaja descomunal a josefina vÁzquezciÓn çd desarrollar este debate. >> este encuentro sÓlo se transmitirÁ por internet en por -y no por radio y televisiÓn. >> los porcentajes necesarios, el primero esa mayorÍa absoluta, o por lo menos, el 37% de la votaciÓn con 5% de ventaja sobre çel segundo lugar. >> sin embargo se prevÉ un segundo debate porque de no haber un ganador, los dos precandidatos, competirÍan en una segunda vuelta por la fecha lÍmite para seleccionar al candidato del pan. >> este escenario lo criticaron miembros del partido por considerar que beneficia a sus contrincantes. >> muchÍsimas gracias paulinaç y ahora nos vamos hasta colombia donde el alcalde de bogotÁ tomÓ el toro por los cuernos, el argumento del alcalde es que estas corridas, glorifican el maltrato y la muerte de los animales, decenas de personas que lo apoyan se pintaron la cara de rojo para protestar contra los espectÁculos ç violentos en un paÍs con 86 plazas de toros. tampoco es fÁcil predecir exactamente el tiempo pero paola lo hace mu

. >> thank you, joe vazquez. >>> tonight a 14-year-old boy who oakland police say sexually assaulted two women is in custody. police say the boy turned himself in to alameda county juvenile hall this morning. they say both attacks happened within half a mile of each other. in a rare move, investigators released the boy's name because they considered him armed and dangerous. >> we strongly believe that if we did not put this information out in the interests of public safety, he would not have turned himself in. >> since he is now in custody, we are no longer identifying the young man because of his age. police haven't determined whether a gun was actually used in the attacks. >>> 100 blocks, that's the area the city of oakland is targeting in its effort to control ongoing street violence. as christin ayers reports, we don't know where extra officers will be deployed. >> reporter: the city does not want to show its hand or stigmatize some of oakland's most violent neighborhoods so they are not telling which 100 blocks they are targeting but they are in areas where three of the city's m

joe vazquez on why the restaurant may have to tell its customers, you don't have to go home, but you can't stay here. >> reporter: they have been 24 hours but 6:0now on room 400 city hall, the entertainment commission will be meeting and they are going to entertain the possibility that they are going to have to tell this jack in the box on geary they are going to cut their hours. hold the jumbo jack at least overnight. that's the message from one community activist in san francisco's richmond district. >> in a week's time we gathered 1500 signatures from neighbors, residents and businesses. >> reporter: and david lee claims they all want one thing, to deny the jack-in-the-box on geary the ability to get a new permit that allows them to stay open from 2 a.m. to 6 a.m. >> they have been closed since december 5 because they lack the permit and now they are trying to get reopened again. neighbors have had enough. >> reporter: as one of the few 24-hour establishments in richmond, it gets crowded and sometimes rowdy. an early-morning argument on thanksgiving escalated once the men got outs

joe vazquez tells us both the world war ii vet and the suspect are until hospital. -- and the suspect are in the hospital. >> reporter: this is the case of a criminal just picking the wrong target. some of his housemates say in fact he spent some time in uniform defending the country 70 years ago. he is a 90-year-old former world war ii fighter pilot who according to his neighbors still lifts weights every day. now jay leone of greenbrae is in the hospital following a shootout with a burglar. police say he was home when the suspected burglar identified as a 30-year-old man from novato busted the door in around 10:45 this morning. he held leone captive but he snuck to a back room and grabbed his .38 revolver. >> the victim was shot in the face and the suspect was shot three times i believe in the torso possibly the leg, as well. >> first i heard this bang. >> reporter: sarah lives downstairs. she hard the loud noise and ran up to check on leone. >> i shouted jay, jay, jay and he didn't answer me but he was it was shouting there and i heard only one bullet. i didn't hear anybody else. >

. >> that was joe vazquez, reporting. a $5,000 reward had been offered for banana sam. no word if the man who found the monkey will be receiving that reward. >> can't make that up. >>> coming up at 4:00. bruised and battered. hear from a little girl who survived an attack by a wild kangaroo. >> who fired the fatal shot? shocking developments in the shooting of an off-duty federal agent. >>> it's fridgeid outside. well-- frigid outside. well-below-normal temperatures outside. meteorologist bernadette woods is updating your five-day forecast. >>> for instant updates and first warning weather all the time, click wjz.com. ,,,, [ male announcer ] get ready for some deli-style delic-ious-ity: the subway big hot pastrami melt. take a moment to ponder tender cuts of pastrami, piled sky high atop your favorite freshly baked bread with spicy mustard, pickles and melt-a-licious cheese. okay, enough imagining how this fresh toasted number would tantalize your taste buds -- it's time to actually experience the subway big hot pastrami melt, built by the sandwich experts the way you l

joe vazquez on how far you can go to protect yourself, your family, your home, joe? >> reporter: it's like the expression no jury would convict. in fact, in most cases a self- defense like this one, you'll never see criminal charges. most cases. but not all. >>> the holidays may have been a little happier for those -- jay leone says he did what he had to do to survive. >> i got him right there first. i went pow. >> reporter: right in the head. >> then he moved, pow. pow, pow, pow. >> reporter: after a burglar busted in his front door and held the 90-year-old at gunpoint, leone tricked the gunman into letting him go to the bathroom. that's where the world war ii veteran had standard his gun. the burglar shot first, then pleaded for his own life. >> i looked him straight in the eye. don't kill me, don't kill me. he says i got a daughter. i says [ bleep ] you. pow, pow, pow, pow, pow. >> reporter: leone shot the burglar three times. he was clearly defending himself. but could he face criminal charges? >> not at all! why? the intruder come in pulled gun on his head. >> r

when another passenger, alicia vazquez climbs out of the window of the cab, deputy watson pulls her by beats her with the baton and pulls her to the ground. a second deputy joins in and strikes her with his baton. >> black and blue marks across her body, her legs and arms and her back had a number of, what looked like, very deep welt marks. it was our impression and doctor's impression she had been hit more severely on the back than any other part of her body. >> i'm not going to pull any punches. we are embarrassed at the actions of our officers caught on videotape. >> but the question remains. are the beatings a justified reaction by the deputies? the lawyer for deputy kurt franklin says yes. >> when you consider from looking at the tape, the strikes that tracey watson and kirk franklin did, kurt's strikes were within departmental policy. they were where they were supposed to be. they did not number more than he needed to do in order to gain compliance. >> but lawyers for the immigrants say the video clearly shows they offered no resistance. >> we're talking about a five foot woman w