this is kpix 5 news on kbcw we are learning more about the wild night that left a 49ers star facing felony weapons charges everyone wants answers, and we want answers, too. we don't have all of the answers. >> sf general refuses to take questions about the missing patient found dead on hospital grounds. foster farms says it will not raul recall the contaminated chicken putting people in the hospital. what it plans to do instead. gooevending. i'm ken >> i'm elizabeth cook. foster farms could face their own government shutdown in a matter of hours. >> the sushgssda is threatening action against foster farms. so far, as you mentioned, no

recall on the chicken, but kroger and food for less decided to remove the chicken from those affected plants on their own. other major stores continue to stock it. >> it's still on the shelves. we shot this video at a san francisco supermarket tonight. this is raw chicken from foster farms directly from three california processing plants that have been identified by the usda as having been contaminated with salmonella. tonight weir learning usda threaten todz withdraw thaer inspectors effectively shutting the plants down if foster farmings doesn't come up with a corrective action plan. the usda is giving foster farms until tomorrow to come up with a corrective plan. the company president said in a statement this evening foster farms is responding with new and already implemented practices in the affected plants. a spokesman told me tonight he could not confirm foster farms

correctivea plan had already been submitted. it is not recalling the chicken from the flants that had salmonella contamination. the company is urging people who eat chicken to cook it thoroughly. >> we don't need to treat our food like toxic waste. >> so far 278 people in 18 states are sick with eating chicken with salmonella traced back to those plants. 77% of them are in california, liz. >> joe, regulators had to do a bit of a government shutdown work around to get this going, right? >> they did. this is the sort of thing they were worried about, some kind of disease that might break out. here you have a break out of salmonella. they had to bring people back from not only the usda but also various departments to work on this. they are still work on it. tomorrow is that deadline. we're looking at the possibility they could shut down the plant. >> all right. joe, thank you. things are looking bleak for 49ers linebacker alden smith. he was charged today with three

felonies for illegal possession of assault weapons. he is also facing two misdemeanor dui charnls. kpix 5's kiet do reports it all started with an out of control party at smith's mansion. >> this is al don smith's $1.7 million party mansion in the east san jose foothills. last summer, court documents say the alcohol was flowing and guns were blazing. >> like, pow, pow >> no, neighbor was not invietd. it was a widely-publy sides party, but it was not free. >> smith's contract is worth $23 million. none theless, he charged $10 for admission and $5 for drinks. party goers started fighting. someone fire add shot into the garage. smith then went out into the balcony and tried to clear the crowd by firing a.45 caliber handgun twice into the air.

>> you ducked >> i did duck. i didn't know what it was. i kind of figured it was probably gunshots. >> a gunfight broke out, two people got shot, and smith himself got stabbed. at one point, somebody went into his closet and grabbed one of the assault rifles and began walk around the party witt shths a party filled with gang members. santa clara county sheriff's deputies arrived, searched the house and confiscated three illegal assault rifles similar to these. the da's office says assault weapons are stolen and gludz crimes. >> weapons like this lend themselves to crime and lend themselves to killing as many people as fast as possible. >> he broke the law when he brought them to california. he now faces three felony charges of illegal weapons possession. this is on top of the dui charges from last month when he crashed his truck into a tree. he later apologized for that. >> this is something i will get fixed and do everything in my

power to make sure this never happens again. in san jose, kiet do, kpix 5 chlth >> if he is kwiktd, smith could spend four years in prison. . well, a san francisco street where a man was killeded is back open tonight. guy was shot multiple times about 4:15 this afternoon. he died on the corner of mission and brazil. police say a man was seen running from the area. the investigation tied up traffic and muni service for several hours, but everything is back to normal tonight. still a mystery, what happened to lyn spalding? the coroner confirms her body was found in the stairwell at sf general hospital. the 57-year-old went missing on hospital grounds nearly three weeks ago. her friends have a lot of questions, but ryan says the hospital doesn't have many answers. >> family and friends of lyn spalding want answers. how did the 57-year-old woman and mother hospitalized for an infection disappear unnoticed from her hospital room and turn up dead in the stairwell weeks

later? >> i hear that the san francisco sheriff's department initiated a search. evidently it wasn't a very good one. >> the hospital says an engineer found the body in a rarely-used stairwell outside a locked fire exit. >> it is alarmed, locked from the outside and exits into the hospital ground at the bottom of the stair well. >> during the initial search, no one checked the stair well, but hospital staff insist nurses followed protocol once they noticed spalding was missing. >> when she was not found, hospital staff notified the family and sheriff's department on site. >> the sheriff searched the campus and did not find her. the one glaring omission is how a woman was missing from 17 days in san francisco general hospital. >> we're not going to take any questions today. thank you all for coming. >> the hospital chose not to take any questions today. the sheriff's department is in charge of hospital security and will be conducting an internal investigation. in san francisco, kpix 5. >> sf general administrators say they will review the hospital's alarm and search procedures. well, no movement in

washington on the government shutdown, and we have learned of even more fallout here in the bay area. 6500 employees could be furloughed on october 21st. the lab stores some of the most powerful exemployees efs in the world. >> we need to let them know, open the government now. we want work. >> meanwhile nasa employees showed up at work in mountain view to protest their own furloughs. they say they're ready to get back to work, too. >> congress may think it's okay to get paid and to do nothing e, but we don't expect that. we have always expected to have to work for our living and to do good and right by the american people who pay for our salary. >> more than 1100 nasa workers were sent home last week. the shutdown is holding up death benefits promised to families of fallen troops. thankfully a private group

stepped in on behalf of a bay area soldier. lieutenant jennifer was killed sunday in afghanistan. she was a former nursing student and also a member of the rotc. the group honored her today on campus. late word that the fisher house foundation would pay the death benefits came as welcome news. >> thank fwod the fisher house stepped up and has provided money for the families to be able to receive the body and oefrg, but it's kind of asinine. >> she was among four soldiers killed in sunday's attack. governor brown ordered frags at the state capitol to be flown at half staff in her honor. a south carolina man has taken it upon himself to keep washington war memorials in shape. chris cox calls hems the memorial myly sha. he says he'll keep it up until the shutdown is over. as that shutdown drags on, a

small group of house republicans will meet with president obama tomorrow at the white house. it comes as gop leaders consider a short-term increase in the debt limit to avoid full default. when the government runs out of money next week. today it was house democrats who met with the president. they left united in their message. >> there will be 220, 230 votes to open this government tomorrow. it takes one person to allow that vote to come to the floor, and that is speaker boehner. >> since the shutdown began, the house has passed 13 bills aimed at funding individual government agencies and programs. the senate has rejected that piecemeal approach. access to abortion here in california is even broader tonight. governor brown signed a bill into law allowing nurse practitioners, mid wives and physicians assistants to perform abortions during the first trimester of pregnancy. it's designed to help women in rural areas where there aren't

enough doctors. critics argue it puts women's health at risk. president obama today officially nominated janet yellen to head the federal reserve. >> thank you, mr. president. i'm honored and humbled by the faith that you've placed in me. >> yellen is currently the vice chair of the fed. she also taught at uc berkeley and was the head of the san francisco federal reserve. if confirmed by the senate, the 67-year-old would be the first woman to head a major central bank. >> she probably is the first or second most powerful woman in the world because she controls the pocketbook. >> yellen will succeed ben bernanke. his term ends january 31st. well, we could be just over 24 hours away from another bart strike. i know you're sick of hearing this, but based on our exclusive poll, the unions won't get much sympathy from you if they walk out again. >> return to sender, the icky sign that forced the post office to pull a couple mailboxes for

teep cleeng. and some thrill seekers got more than they bargained for when a roller coaster left them hanging. temperatures are up and down, as well. they cooled off today big time. as you head out the door tomorrow, it looks sunny. all the details coming up in the weather department after a break. ,,,,,,,,,,,,,,

another strike. ou . well, as bart's 60-day cooling off period comes to an end, we are finding that there is little support for another strike. nobody wants it. our exclusive kpix 5 poll finds that more than three quarters of the bay area opposes bart workers walking off the job. kpix 5's christin ayers is live in oakland tonight with other details from our poll to want. >> ken, just a few moments ago, both sides came out saying they are no close tore a deal, essentially back to square one in talks, and our exclusive polling showing the public eager to strip the union of their power to strike. >> with the haggling continuing into the night, commuters are tense, torn and at the mercy of a looming bart strike.

our exclusive kpix 5 survey usa poll found that 44% of responders think bart management has made a better case than the union. what's more, 53% of those surveyed think california law needs to change to ban transit strikes all together. >> obviously as a commuter, it's inconvenient, and it puts a damper on my commute. the power to actually shut down transportation are really sort of cripple a city seems to be out of step. >> such bans are already in place in new york, chicago, dc and right here in the bay area. >> even in san francisco, you cannot have a transit strike. >> city councilman steve glazer running for the assembly is gathering sittings in support of a statewide ban on transit strikes. negotiations won't fire back up here until around noon tomorrow. in the meantime, the union's plan to flood the bart board of

directors meeting at 9:00 a.m. tomorrow. you have to think that after tonight that is going to be one tense rockets meeting. live in oakland, christin ayers, kpix 5. >> bart is also looking for people to give feedback on new seats for fleet of the future. riders were able to try out three prototypes at the downtown berkeley station today, but some question the timing of the event. >> i don't know why they're doing this right before the strike. seems like a little bit of a public relations move. >> there are three cushion densities, soft, medium and firm. whatever new seats are chosen, they will be made 74% repsych labl materials and have easy to clean surfaces. well, there's nothing special about deliveries to several u.s. postal mailboxes in south berkeley. it's more lieshg yuck. last month, somebody had been dumping human waste inside this box on adeline street. don't worry, it was removed and all cleaned out. the mail inside was tagged as

hazardous and sent to a processing plant so some mail never made it to its destination. a second box is also being replaced now. unfortunately the post office says there isn't much they can do to stop the problem. elsewhere in berkeley, there was this. check it out. this volvo station wagon somehow got stuck halfway up a power pole on claremont avenue. it's unclear exactly how the car got up there or whether anyone was hurt. well, it wasn't the thrilling ride they were hoping for. a dozen people spent two hours stuck on this roller coaster at universal studios orlando. the hollywood rip ride rocket stopped working as the people near the top of the first hill. park officials say a glitch sent the computers into safety mode, and that stopped the ride. no one was injured. and a messy commute north of downtown la today. a deluge of water and mud flowed onto interstate 5 in sun valley

shutting down the northbound side and reducing southbound traffic to just one lane through the afternoon rush hour. it appears a clogged storm drain was to blame. >> look at that. and there is snow in the high country. that's right. these are pictures from sierra at tahoe. they got a dusting this morning, all part of a system also dropping snow on the mountains of southern california. >> all it does is require three flakes of snow to shut pass, and they did it >> i know. >> and it's -- i don't know if it's closed for the season, but -- but -- >> parks closed anyway. >> exactly. but if you're going to bishop, it's going to take you a long time on 80 and then down 395. if you've never been down 395, by the way, it is wung of the most spectacular roads. it's extraordinary. >> beautiful. as we head outside tonight -- well, first, let's show you tomorrow in a nutshell. mid 70s inland. around the bay, sunny and mild and sunny and cool by the coast. right now 56 degrees at concord.

oak labd 57 -- oakland 56. livermore is 57. all of the 50s right now and will cool down to the upper 40s and low 50s overnight. in the big picture what we're saying good-bye to the low that caused that mess down in southern california and hello to the highs. as that moves in, we'll get mild weather once again. as per usual in october, it's looking pretty nice. chilly overnight temps but minor warming trend begins. back to near 80 greece inland by saturday so the weekend does look pretty good. on the future cast, there's not much in the way of low cloudiness tonight along the shore line, but as you continue to watch this, you'll see the low clouds build by tomorrow afternoon along the peninsula north to around pacifica so few low colloids along the shore line tomorrow night, but tonight looks okay. pinpoint forecast for the state 76 up at redding and 77 in sacramento. 76 in fresno, and rest of the country doesn't look too bad really. the numbers out there a little bit warmer than the bay area and

san antone 88 degrees. back here the numbers will be upper 40s and low 50s. 54 overnight in the city and 52 san jose. san jose hit 72. that's about 6 greece below average. cupertino at 74. east bay tomorrow, livermore will be at 75 greece, and walnut creek 76, and in the city tomorrow, we'll hit 67 degrees, and 68. extended forecast, apply high pressure, warm things up a little bit for the next couple of days. back to upper 70s inland by saturday. the numbers around the bay will be in low 70s for the most part and keep that warmth right into the beginning of next week and through wednesday. there's not a drop of rain in sight. >> so we're high and dry for awhile. >> yeah. >> looks gorgeous. starbucks wants congress to wake up and smell the cough feeshgs the shutdown specialist offering to encourage cooperation. ,,,,,,,,,,,, when our little girl was born,

we got a subaru. it's where she said her first word. (little girl) no! saw her first day of school. (little girl) bye bye! made a best friend forever. the back seat of my subaru is where she grew up. what? (announcer) the two-thousand-fourteen subaru forester. (girl) what? (announcer) built to be there for your family. love. it's what makes a subaru, a subaru.

visitors wit cards don't ha disney land visitors with disabilities had to wait a little longer today to get on the ride. visitors with disability access cards don't have instant access to the front of the lines anymore. instead, they're issued tickets with the times to come back for the ride. the change comes after reports that people were abusing the old system by hiring disabled guys to get them to the front of the line. no proof of disability is required under this new policy. samsung is trying to lure in customers with a new smart phone feature, a curved screen. we showed you this the other day. the new galaxy round has a

5.7-inch display. it debuts tomorrow in korea. samsung hasn't said how much it's going to cost or when it will be available here in the u.s.. this unveiling comes in the same week that rival lg announced that it's developing a smart phone with a flexible curved screen. hate the government shutdown? head to starbucks. through friday, the coffee chain is offering a free,al, brewed coffee to anyone who buys a drink for a fellow customer. it's part of the company's new pay it forward campaign, which aims to encourage people to help each other out. someone give this guy a free coffee because he's clearly not happy about the shutdown or maybe he is because this elk now has the run of yellow stone national park, which is, of course, shut down. hey, folks, you are the skipper of the oakland a's. do you go with the veteran or rooki e pitcher in game 5? see what the answer is. and game 5 between the pirates

and cardinals. who will move onto face the dodgers next? ,,,,,, female announcer: female announcer: through columbus day, at sleep train's inventory clearance sale, get three years interest-free financing on tempur-pedic. save 10, 20, even 35% on a huge selection of simmons and sealy clearance mattresses. even get free delivery! don't miss three years interest-free financing on tempur-pedic through monday, columbus day. guaranteed!

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so i read a tweet tonight. sonny gray said, i think you got it, too, i received it said that he gave two tickets to his waiter tonight. he went out to dinner, and the guy was such a big a's fan, he gave him a couple tickets to the ball game. that's good karma, man. >> and the a's relief pitcher also tweeted tonight in 140 characters get me the best story about the 2013 a's, and i'll give you two tickets. so i entered, and we're going to have the winning results at 11:00. >> there you go. we are less than 24 hours away from the first pitch. game 5, tigers and a's. would it be colon or gray starting for the green and gold?

bob melvin goes with that man -- yeah, kid, 23-year-old sonny gray who psych md ld lineup in game 2. winner takes all. tigers going with ver lander. he eliminated the a's a year ago in game 5 at the coliseum. been 40 years since the a's have won an elimination game for both teams. cardinal fans hoping their team makes it to the nlcs for third-straight year. david freeze gone. two-run home run into the pie ratd bullpen. you won a lot of money in the sports bar for that home run. there's matt adams crushing one. two-run shot put the game away. adam waynewright pitched a complete game for st. louis, struck out 6, gave up just one run, and the st. louis dodger cardinals will face the dodgers. they pick up three points. chris heads it in on the nice corner kick, and the quakes beat

the rapids one nil. >> one nil. >> yeah. 11:00 the tweet that's winning tweets. ,,,,,,,,,,,,,,,,,,

(exclaiming) (school bell ringing) (barney belches) (whistle blows) (yells)