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you're watching cbs5 "eyewitness news." police shoot a man in a wheelchair, captured on tape. is there more to the story? . >> those officers are supposed to serve and protect. i mean it's really heartbreaking. >> a family pet is killed by an off-duty police canine. how it has led to a review of policies. he says women are not protected from discrimination by the constitution. the shocking statement by a supreme court juts. >> good evening, i'm cell phone bastida. >> dana king. >> dramatic new video tonight of a man in a wheelchair shot by san francisco police. officers opened fire in the south market district after the man stabbed a police officer while being confronted about slashing tires on briant street this morning. joe vasquez shows us the actual shooting. >> he has got a knife, got a

knife. >> the video shot by two passers-by show a police shooting. they say he resisted arrest and before this he stabbed an officer in the arm. they tried to get him under control with teargas. a few minutes later as a truck fires a truck passes in front of the camera. the bean bag is shot. watch closely. the man in the wheelchair is on the left. a plainclothes officer is on the right. the man in the wheelchair throws the knife, the plains clothessed officer jumps out of the way. watch again, the knife, the officer jumps out of the way. in the next split second a couple officers open fire shooting him with their service revolunteer investor. >> that piece of thing he tossed hit the sidewalk he got shot twice. >> they say they stopped to record video when they saw all

the cops with their weapons out. they say they clearly saw the knife thrown toward the officers but still they wonder whether the cops could have subdued the man in another way. >> drop the guy you know. somebody go back there and move the wheelchair forward and the guy is gonna be like on the ground. >> the guy is in a wheelchair. >> reporter: could they have gotten behind him and through the wheelchair over. >> obviously we, we deal with probabilities, not possibilities, there are infinite possibilities in this case. apparently we -- and again, not having all the information, but we tried to control him earlier and what that got us was an officer stabbed in the shoulder, seriously stabbed, and the knife that was used is a pretty good sized knife. >> chief gas scone, reeling from several officer involved shootings, asked people to look beyond the video to try to understand the context to determine whether the shooting was justified. to show you how how complicate

ed it is the two who shot the video don't even agree. >> he hit the cop on the face. >> i can see that, but after he threw the knife they shot him, that's what i think is wrong. >> you got one guy saying the officers did the right thing, the other guy saying why did they have to shoot a guy in a wheelchair, couldn't they have subdued him. but this is when the chief says wait to understand the context before you judge, this is exactly what he means, you can watch this video, you can see what's going on here, but the fact is when you see it over and over again you see all the extenuating circumstances and they tell us that the man in the wheelchair was actually am buy la torrey. >> always a tough call when an officer is in the hospital with a severe stab wound minutes before this happened. >> right. so both of these guys are, apparently they are going to do fine right now, but earlier today you don't know. an officer is hurt, a whole

bunch of officers rush down there to see what's going on, that's where the gun shots are fired. >> all right. joe vasquez, thank you. also on the news tonight, a man who says that his dog was fatally mauled wii hasan leandro police dog is pretty upset the canine is still on duty. the department says it is trained to deal with dangerous suspects. the brentwood man who lost his pet tells grace lee that the dog's police handler was not present at the time of the attack. >> either on her bed or the couch. >> was she supposed to be on the couch? >> yeah, she was one of the family, so it really didn't matter. >> reporter: she is clowey, adam lovell's 6-year-old dog. he took her on a walk behind his house after christmas, that's when he says she was attacked by hasan leandro police canine. both animals were leashed but the canine's handler was not there. >> next thing i know he was right on chloe. >> reporter: he says the german

shepherd canine bit chloe 5 times, the largest a 5". >> on her back. the records show she had emergency surgery, 5 drains inserted into her wounds. >> that dog weighed at least i would say three times the weight of her and that's just no match. i mean each if my dog did try to defend it, which it didn't, no match. no match for my 40-pound dog. >> reporter: san leandro police would not let us take pictures of ergo but a spokesman confirmed he is a 5-year-old german shepherd like this one. jeff tudor says that ergo is trained to engage with threatening suspects but has no history of an attack like this. the officer who was responsible for ergo paid the veterinarian bill that was more than $1,700 and apologized repeatedly. he wrote "my wife and i sincerely apologize and wish chloe a speedy recovery."

but two days after that attack chloe did not wake up. >> would you get another dog? >> i have thought about it, but no, you can't replace chloe. it's not like you can go out and buy another, you know, it's not a car, you can't go buy the same make and model with all the features. i mean it's definitely irreplaceable. >> reporter: in the meantime he doesn't want to you that nice the canine but hopes it will be taken off duty to protect other people and their pets. grace lee, cbs5. well that dog was being walked, the police dog, by the handler's wife and mother in law at the time. the san leandro police say they will be reviewing their policies regarding who is allowed to handle the dogs as part of their investigation. for the second time in two weeks loose dogs have attacked in san jose. tonight a husky mix and a boxer are in quarantine. one of the dogs bit 78-year-old bob ferguson in the head. ferguson said he was returning home saturday after walking his own dog when the other dogs

attacked and dragged him to the ground. he believes the dogs could have been after his pet which he clutched to his chest. >> i could feel them tearing my skin, i could feel the pain, i didn't feel pain, i felt my skin caring and i could feel the other dog's teeth in my hand. >> he said if the neighbor didn't chase those dogs away he would be dead. animal control said there was a previous call about one of those dogs. this comes two weeks after two pit bulls attacked and mauled a woman in san jose. also tonight police are taking a closer look at a couple people caught on surveillance video after an arsonist set a fire inside east palo alto's city hall. that was in a steal trash can next to a police evidence you room. it forced the cancellation of a city couple meeting. the billing re-opened this

evening. other headlines around the bay area, hasan josi youth minister is under arrest and facing charles of child molestation. robert crack volunteered at a church that served several junior high school-aged boys. they tell the mercury news the incidents didn't happen at the church so they are not going to identify it by name. but police want to talk to you about you have any information about craft. a frontrunner for interim marry merged in tonight's marathon meeting of the san francisco board of supervisors. it appears that supervisor ed lee has the vote, but he is in hong kong, the supervisors want to wait to talk to him to make sure he actually wants the job. a vote is expected friday but the new board, which will be installed over the weekend, must ratify the decision next tuesday. the position will be left open when gavin newsom takes the reins and lieutenant governor. the coast guard is working

to remove a 65-foot fishing boat from the beach near half moon bay and it a delicate job because the boat has 2000 gallons diesel fuel in its tanks. the three-man crew made it safely to shore. investigators are still trying to piece together how that boat ran aground but say the captain has admitted he was on break when it happened. one part of the bay area is pulling the plug on smart meters at least for now. today marin county supervisors voted in favor of a 1-year moratorium. but that ban only affects unincorporated areas of the county. the move comes 6 days after some sheriff's deputies arrested two protestors refusing to get out of the way of pg&e contractors installing meters in inverness. today dozens in marin county told their supervisors they shouldn't have to take the meters. >> there are very serious health, privacy issues, and saved issues. >> i'd like a time out. i'd like us to put on the brakes until we have had the

opportunity to really have the discussion. >> well pg&e is controlled by the state of california, it does not have to take its orders from local governments. it is unknown if they'll continue to install the meters despite the moratorium. the utility insist those machines are safe. there is no evidence they pose any health or security threats. have you checked your tickets? the winning numbers are in and people lined up across the country today to get their hand on tickets for the second largest megamillions jackpot in history. an estimated $3,555,000,000. so here they are. the winning numbers are 4, 8, 15, 25, 47, and the meganumber is 42. >> i won. >> ha ha. >> i got it. here it is. see ya. i'm taking off for hawaii. >> in your dreams. >> not gonna happen. >> we don't know if anybody has won. certainly nobody in our newsroom. you might have to eat your

words, a reality check on how many people are in denial about what they eat. >> videos taped years ago come back to haunt a military commander. the fallout over the raunchy home video starring a navy captain. >> and the daily show has a little fun with gavin newsom. >> clear skies currently in the city of san francisco but the advisory you need to know about for the morning commute. pinpoint forecast as "eyewitness news" continues on cbs5. ,, fee court is now in session. ♪ [ judge ] let me get this straight -- you changed flights in order to get home to your buddies for new year's. and i paid the difference in airfare... plus, i paid a 150-dollar change fee. oh, man! southwest would never do that.

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healthy when really they don't. that's what consumer reports health has many americans are simply deluding themselves thinking they eat healthy when they really don't. that's what consumer reports health has determined from the new survey. they describe their diet as somewhat, very or extreme he healthy. 80% rarely count calories and when asked about the calories in certain items the answers surprise people. 75% thought a glazed donut has more calories than a plain bagel. >> people want to be healthy. people want to do the right

thing and they don't want to admit how bad things have become. >> it will soon require restaurant chains nation-wide to post the amount of calories for each menu item. u.s. supreme court juts anthony ska leah is under fire for some remarks the critics call discriminatory. in a recent interview he said it does not base on sexual orientation. certainly the the constitution does not, the only question is whether it prohibits it. it doesn't. if associate wants to outlaw discrimination by sex, eh, we have things called legislators. this isn't the first thing that just sco leah alluded to this, he has made similar attacks back in september. >> today the navy fired the

captain of an aircraft carrier who produced raunchy videos and showed them to sailers. some sailers are coming to his defense. >> reporter: they took action releaving him of command in on the u.s.s. enterprise. >> i've lost confidence in his ability to command enterprise. >> reporter: it came from racy videos. they were played to thousands of sailors deployed on the environmentter prize. honors who was second in command at the time produced and standard in the documentaries. the clips included simulated sex acts and shower scenes. the videos have turned into a major embarrassment here in the pentagon. it turns out the navy knew about the raunchy video four years ago but didn't take action against honors. they told the ship to stop playing the videos but honors

was promoted to command the nuclear powered aircraft carrier in may. some of the sailors who served on the environmentter price came to his defense saying the skits were only done to boost up the crew. >> he did it to boost up our month al. >> reporter: even some they say it was a lapse in judgment. >> our leaders must be above reproach and our sailors deserve nothing less. >> the environmentter prize is scheduled to deploy to the middle east later this month. so with the new commander in charge, captain honors has been reassigned to administrative duties. cbs news, the pentagon. san francisco's outgoing mayor seems to steal the spotlight on the daily show. it's a bit on san francisco's fast food toy ban. take a look. >> it's a bad idea. we'll get into private business decisions. it is not the role for government to decide what is in the best interests of kids, it's the role of parents to

decide. >> you are really good-looking. >> gavin newsom's spokesman tells the chronicle the mayor couldn't help but laugh the first several times the daily show reporter commented on his looks. 20 takes later they finally got it on tape. >> good one. >> he is a handsome man. you are really good looking roberta. >> how can you tell. it's too foggy, right? you can't even see across the city right now. getting lots of emails. messages on facebook and twitter saying it's down right socked in throughout the central valley, the fog is now seeping in throughout the eastern and northern portion of our bay area. we have a fog advisory in place for the car teen as straight and also the delta until 10:00 tomorrow morning. the big problem with that you couple happen the fog with the temperatures at or below freezing away from the bay of water. the end result is tomorrow morning for the morning commute we'll have some areas of dense freezing fog.

and that could lead to some very slippery roadways, some sidewalks, bridges, and overpasses. please be very mindful as you step on out tomorrow. official sun up 7:25, clear skies, away from the inland area towards the bay, also around the immediate sea shore. we do have an area of high pressure. this is a key component for several days to come. it's blocking the storminess. to the north of the bay area we'll remain dry until, how about tuesday. that's the next threat of rain returning to the bay area, until then turning mostly sunny, numbers up to 60 degrees, that will be in the salinas area to the south, otherwise in the 50s with the northeast breeze at 5 miles per hour, that's pretty seasonal. today's numbers banked between 52 and 59. notice a string of consecutive days with lots of sunshine, partly cloudy, breezy over the weekend. otherwise that chance of rain on tuesday and just in case you're thinking about what to do this weekend how about our

own back yard, we thank you sir. he is he is a forest ranger at yosemite. not a postcard but not a bad picture. >> not too bad. >> maybe he won the lotto. >> got a million dollars view every day. wonder what the new memorial stadium in berkeley is gonna look like when they finish? we'll have that answer coming up in tonight's good question. don't dare call it a cover band -- unless you're talking about covering freshly baked bread with layer upon layer of flavor-packed pastrami. this sub lays down power cords of tasteocity with pickles, mean licks of mustard and riffs of melty, bubbly cheese. catch 'em before the fresh toasted tour leaves town. subway big hot pastrami.

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well after stanford's big win last night the bay area is all abuzz over college football. it's a topic of tonight's good question. hailey from berkeley wants to know what will cal's new memorial stadium look like? it was opened in november, 1923, and it closed just a couple of weeks ago. >> so we're going to be taking about 2/3 of the stadium out, the only thing that's going to be left is the stadium wall. >> cal's memorial stadium is coming down, caught between a rock and the hay ward fault line. the old stadium has been moving for almost 90 years. >> you can pick up walls that are buckled and door ways that don't close and sewer pipe that needs repairs that are offset. so it definitely is continuing to creek. >> cal assistant athletic director bob milan oh says work

has already begun on a major size mcrenovation that will take the next 20 months to complete. >> the two places where the fault bisects the stadium will be built on a fault rupture block. it's basically a concrete craft. >> a large section of the historic outer shell of the stadium will be preserved but inside a new modern facility from rest rooms to seating to a new multilevel end zone toen zone press box and several stadium clubs. >> we'll have three distinct clubs. a stadium club anna university club. >> but no luxury boxes and no tax dollars are the. the $300 million plus used for the project will come from donations. go to cbs5.com and click on icon to send me your good question. >> big changes here at raider headquarters in al a meet a, being for their sixth head coach. but is that man inside the building? we'll tell you coming up in sports.

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was prou the tom cable led the raiders to their best season since 2002

andter winning sunday's game he said they weren't losers any more. apparently that wasn't enough. tonight the raiders said he will not be returning next season, declining to offer him a new contract. it is a move that won't go over in the locker room. pupter shane lechler said he wanted cable to return. >> i can't go through another coach. i have been through too many of them. they come in and say the same thing, i'm going to come in and deal do this and do that. no, they are not. i'd rather stay with the guy that's here right now. hue jackson will take over as head coach but one raider executive told me that's not the case and the team plans to interview outside candidate, earlier today the raiders granted the 'niners permission to interview jackson for their head coaching vacancy and we now know that trent balke will

be doing those with personnel, he was pro motted to the general manager. the jim harbaugh and the rest of the stanford football team welcomed back take the farm after their big win in the orange bowl. with all the rumors swirling about his future the once outspoken harbaugh wanted no part of the spotlight. >> i tell you, i'm not talking too much. [ inaudible ] [ cheering and applause ] . >> give me the top 5. the rangers have agreed to a 6-year $96 million deal with third baseman adrian beltre. the 32-year-old hit 28 homers last season with the red sox. at number 4 lebron james has nick named his team the miami heatles. i guess that makes him lennon and dwayne wade mccartney. the heat win their seventh straight. the grizzlies mascot at number

31 going to have a hard time topping this the rest of the season, and at number 2, arkansas found out you don't mess with texas, or at least big man jordan hamilton, the longhorns beat the razorbacks by 33. and at number 1, ohio state dorell prior threw for two touchdowns and ran for over 100 yards as the ohio state held onto beat arkansas 31-26 in the sugar bowl. he is one of five buckeyes suspended for five games next season for violating rules. i don't know what this move by the raid services going to do to free agency. they have over 20 free agents. guys, big supporters like bush and gallery may want to change their minds and not return to the raiders without cable. >> best record in a lot of years. >> yeah all right kim, thank you. >> sure. >> we'll be right back. bap

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is next shaquille oneal and tim >> you know what -- >> what. >> tomorrow is the first wednesday of the new year and you're. >> you're gonna be here because you didn't win the lottery. >> the feeling of the new year thing has set in now.