apple rumors, then the full- sized ipad is getting a makeover. a faster chip, thinner design, maybe even some rounded corners. >> from across the bay to around the world, the stories that matter on "kpix 5 news this morning." captions by: caption colorado comments@captioncolorado.com >> score! >> your realtime captioner is mrs. linda m. macdonald. good morning, everyone. it's tuesday, october 22. i'm michelle griego. >> hi, everyone. i'm frank mallicoat. it is 5:00. and bart riders are feeling a little duped this morning. they were told limited service would be running this morning after a deal was made late last night but that is just not the case. kpix 5 reporter cate caugiran live at the lake merritt bart station in oakland this morning and cate, we hear it's all about staffing i guess, right? >> reporter: yeah, that's right. we did get a tweet from one of the unions that said that we just don't have enough people to staff the bart station so you're seeing even probably behind me commuters coming up to these doors going inside and coming out just as frustrated as they were yesterday because these trains are not up and running even though the strike is over. we're hearing somewhere in the ballpark it could be running up

at 6:00 this morning. but again, there's still some good news. we were here when the unions and bart officials came out of these doors last night to give the announcement that 400,000 riders have been waiting for that the strike is over. both sides wouldn't disclose the details of the agreement right now. it's still tentative. it still has to be approved by bart's board of directors and put up for a vote by the unions. and these will be the final steps to what felt like a never- ending saga. >> we apologize to our riders for the hardship you have experienced these past few days. we're able to stand up for workers' rights, safety and the riders' safety. >> i will simply say that this offer is more than we wanted to pay. but it is also a new path in terms of our partnership with our workers. >> reporter: bart trains will be running on a limited service when it starts running.

bart is planning on running those charter buses from nine bart stations and those started at 5:00 this morning and will go until 8:00 this morning. bart says that full service will be restored in time for the evening commute. but again, yes, the strike is over, but no, bart trains are not running as of this point. we are going to let you know now, we have seen several riders come up to these doors and not be able to get on a train because the unions say and bart says there isn't enough staffing for running the trains this morning. reporting live in oakland, back to you in the studio. >> cate, any idea how much the strike has cost? >> reporter: well, frank, that's actually a really good question. we don't have the exact numbers on that yet, but we are hearing that sfmta is reporting they added 16 buses and two light rains to accommodate for the strike and that cost them or set them back about $100,000 a day and they say that's not sustainable so this is a bit of good news for those other transit agencies that sort of had to pick up the slack when bart did go on strike. >> well, hopefully they can get

the trains rolling soon this morning. cate caugiran live at lake merritt, thank you. plans to ban future bart strikes are moving forward. orinda city councilman steve glazier started a petition last month to ban public transit strikes in the state. he has been collecting signatures at bart stations, oregon and new york already have laws banning public employees from striking. and city law stops san francisco muni workers from walking off the job. glazier will hold a news conference today about his campaign. with bart trains not ready to roll yet, ferries are still a good option. sf bay ferry will continue its strike schedule through the end of the day, 12 boats instead of the usual 8 running during the strike. >> it could be another long day on the roads with traffic. let's check in with liza battalones. reporter: until the moment folks can take bart, we can expect delays at the bay bridge toll plaza. right now, we have backups and an accident in the clearing

stages. you can see the blinging lights there. two-car accident blocking one lane. we have delays at the toll plaza extending to about the end of the east parking lot. but as long as bart is still -- until bart service is established, expect delays at the bay bridge toll plaza. ing golden gate bridge commute, it's foggy out there. lawrence has been talking about the following. take it easy if you plan to make the golden gate commute. i drove along 280 through the peninsula in san mateo. that fog is thick there. that's a look at the drive into work. here's lawrence. >> all right. yeah, the fog is going to be the main weather concern today, liza, very thick. a dense fog advisory is issued in the north bay now. visibilities down to a quarter mile maybe even less in spots so be careful not only there, but we have patchy, dense fog outside elsewhere. thick fog to start with today. watch out for that early on but that should begin to lift through the middle of the morning. then by the afternoon looking at a nice day but the clouds continuing out over the bay, as well. looks like the temperatures

pretty cool in spots. 47 degrees in concord. 51 degrees in oakland. and 53 degrees in san jose. we'll have more on your weather coming up in a few minutes. back to you. >> thank you. some developing news now in the east bay. a police officer killed a man who they say was armed with a pipe in union city. it happened at about 8:30 last night on saturn way. officers were responding to a report of a neighborhood disturbance. police entered a home and found the suspect who was already on parole for resisting an officer. he allegedly refused to comply with orders and threatened officers with a pipe. one opened fire and the man later died. sparks middle school near reno will be closed the rest of the week after a student killed a teacher and then himself. cbs reporter jericka duncan reports the teacher is now being called a hero for his efforts to stop that shooter. reporter: dozens found the strength to attend a vigil last night for math teacher michael landsberry. a student killed him during a school shooting near reno, nevada. >> he was honestly like a second dad to me when i went

there. [ crying ] >> he cared so much about the students. >> reporter: police say the 45- year-old military veteran tried to stop the 13-year-old gunman monday morning by telling him to lower his weapon. but instead, the teen shot landsberry in the chest. >> he said, i would hope you guys, i would do anything for you guys. and i guess that meant taking a bullet. [ crying ] >> and he did. >> reporter: landsberry's sister told reporters she is not surprised her brother died trying to protect students. the shooting at sparks middle school started around 7:15. law enforcement officials say they arrived within three minutes. >> we're inside the cafeteria where the students have been huddled. so they are safe here. we're looking for the shooter now. >> reporter: but by the time they got there the shooter had already wounded two students, killed landsberry, and turned the gun on himself. >> he pointed to us and then

said, you ruined my life. and i'm going to ruin yours. >> reporter: police say it's too early to determine whether the 13-year-old student targeted specific people. jericka duncan, cbs news. >> officials say the 13-year- old used a gun that was owned by his parents. new details about saturday's accident that killed two workers on the bart tracks in the east bay. a bart employee who was being trained because of the strike was operating the train that hit the two men. the ntsb says the trainee was at the controls but the train was in automatic mode. >> we'll look at training procedures. we'll look at past training. we'll look at 72-hour history of everybody involved. we won't leave any stone unturned. >> investigators also say there was a warning that workers were on the tracks. today they plan to reenact the collision. they hope to learn whether the workers who were killed had a chance to see the train approaching. >> we could find out tomorrow if the governor will order a 60- day cooling-off period to delay an ac transit strike. union workers have rejected the

last two contract offers over wage and benefits. they took their case to a state appointed panel yesterday. that panel will report its findings to the governor. president obama is promising changes to make the affordable care act website a little more user-friendly. 19million people have visited healthcare.gov since the website opened three weeks ago. the white house says half a million people have applied. but it's not clear how many people have been able to enroll. president obama says there is no excuse for the glitches. >> we got people working overtime, 24/7, to boost capacity and address the problems. >> among the changes is a new feature called see plans now. it allows a person to do comparison shopping between health insurance options before opening an account. republicans have filed a freedom of information act request to find out exactly how many people have enrolled. kanye west proposed to kim

kardashian. how he made sure the bay area will be part of their story. >> reporter: i'm mark kelly, live in san francisco. apple is set to unveil its new tablet this morning. a second tech giant is coming up behind. find out who next. >> and boy scout leaders caught on camera behaving badly. and now it's coming back to bite one of them where he didn't expect. >> a thick fog settling in over the bay area now. will we sneak in some sunshine today? we'll talk about it coming up. >> and we're just getting word from bart that they do hope to start morning service by 6:00 this morning. in the meantime, expect delays at the bay bridge toll plaza. we have an accident just cleared. and delays now extending to the 880 overcrossing. i'll have more on your drive into work in just a few minutes. ,,,,,,,,,, ,,,,,,,,,,

kanye popped it was a romantic night here in san francisco for kanye west and kim kardashian. >> yeah. kanye popped the big question at at&t park of all places. with friends and family looking on, kanye asked the reality tv star to marry him. he gave her, get this a 15- carat sparkler. how can i say no to that? >> you do the to say yes. >> he rented out at&t park for

kim's 33rd birthday. there you go. >> it's time for a new tablet from apple and its rival the apple showcasing its newest designs this morning right here in san francisco. and cbs 5 reporter mark kelly is at the apple store in the marina with a look at what we could see. good morning, mark. >> reporter: good morning, frank. well, we all know the holiday weekend has to be close because these new gadgets are starting to come out p in fact, just in the next 48 hours, apple and microsoft they are going to be unveiling their newest tablets so here's a sneak peek at what these tech giants could be cooking up. reporter: it's a tech rivalry that's not cooling down any time soon. microsoft versus apple. and if you believe the rumors, big changes are in the works for both. take apple. there's talk of a faster chip, thinner design, maybe even some rounded corners. and a fingerprint scanner called touch id. >> apple hasn't really changed the smart cover in two years. they basically came out with the ipad 2, so we're kind of just expecting new colors.

they are not really going to go the same distance is like microsoft with a battery, keyboard, track pad, things that make it more of a laptop. >> reporter: on apple's heels, wednesday microsoft is set to unveil its surface 2 touted as doing everything the ipad cannot, it features a dedicated stand with optional attaching keyboard and track pad. it has a usb 3.0 slot and mini hdmi plus a mini sd card slot. >> pull it out during break or what not and actually work on my paper. at the same time, too, i work, so there's excel spreadsheet there that i can use so an ipad, you kind of don't have those options. >> reporter: so in the tablet wars, apple is in the lead but the others are quickly gaining speed. so samsung's galaxy tablet and amazon's kindle are some of the others that just have exploded on the scene just in the last year and a half giving apple a run for its money.

mark kelly, kpix 5. netflix has outpassed hbo in the number of subscribers in the u.s. 3rd quarter results show netflix had 29.93 million paid subscribers in the u.s. compared to 28.7 million for hbo. globally netflix has more than 40 million subscribers and it's projecting a gain of up to 2.4 million more in the current quarter. did you get all those numbers down? >> no i was just thinking i wish i bought that stock about five years ago. hey, traffic, bart strike is over but the trains aren't running yet. >> reporter: still a lot of hurry up and waiting for bart riders who are eager to catch their bart trains into work this morning. word that the bart strike ended last night. now, so far, still no bart service. and bart is telling us they are hoping to have service restored at all of the stations by 6:00 this morning. if it happens any earlier, of course we'll let you know. in the meantime, looks look some folks decided to drive to work. westbound traffic at the bay bridge toll plaza is delayed

from about the 880 overcrossing. the middle fastrak lanes are still doing okay. and i-80 as it rolls through the berkeley area, still looking okay westbound traffic fine approaching ashby in berkeley. now, the altamont pass we are seeing early delays now for westbound 580. it's slow from the 205 interchange through livermore. but through pleasanton speeds pick up with no major delays as of yet for westbound 580 heading down the dublin grade. the san mateo bridge, still a good option. westbound traffic is moving well leaving hayward bound for foster city. and remember, as a courtesy, san francisco bay ferry will continue their strike service. they will add extra runs to their ferry service today. no delays reported for caltrain or the altamont commuter express. that's a look at "kcbs traffic." now to lawrence. >> all right. we have a lot of fog around the bay area, liza, if you are headed out the door. get ready for thick fog even a dense fog advisory in the north bay valleys. cool temperatures in the 40s out there. by the afternoon, though, again going to stay cool out toward

the coastline. but as you get inside the bay you'll see some hazy sunshine with 60s and a few 70s and then lots of 80s and mild conditions in many of the valleys this afternoon. so here's how it breaks down. we have a ridge remaining in place. a couple of areas of low pressure, though, undercutting that ridge. one of those will move in from southern california over the weekend bringing clouds and cooling us down. today afternoon sunshine for most of us. and really a pretty nice day except out at the coastline, got that thick fog there, probably going to cause delays at sfo this morning. so be prepared for that. around the country showers into chicago about 46 degrees. sunny in denver at 68. partly cloudy in houston at 75. and 66 and partly cloudy in new york. i think around the bay today we'll find plenty of sunshine this afternoon away from the coastline and about 76 degrees very comfortable in san jose. 73 in milpitas and 71 degrees in union city. a lot of numbers up in the 70s and 80s as you head to the interior valleys this afternoon. and then as you get inside the bay a little cooler into san

francisco, 63 degrees there. about 57 degrees in daly city and the north bay you will see some sunshine 74 degrees in santa rosa. but a cool 58 degrees at stinson beach. next couple of days, we'll likely see more of that patchy dense fog in the morning hours giving way to some sunshine in the afternoon. maybe a couple of passing high clouds. otherwise, we're looking good. then as we get in toward the weekend one of those lows passing to the south of southern california bringing a few more clouds in our direction and maybe cooler temperatures into saturday and sunday. nice weather. >> very acceptable, lawrence. >> thank you. >> you're welcome. >> you did good, lawrence. >> thank you so much, guys. >> thanks, lawrence. 5:18 now. two of ariel castro's victims will write a book about their terrifying ordeal. amanda berry and gina dejesus two of the three women held captive for a decade in the cleveland house will be the authors. they plan to work with a team of award winning journalists from the "washington post" to tell their story finally. the women said they were inspired by the book written by jays see dugard. two boy scout leaders are

stripped of their position after they toppled an ancient wrong. cell phone video of the men pushing the boulder in utah has gone viral. they claim it was leaning and could have fallen on someone. [ hysterical laughter ] >> park officials say the rock hasn't moved for hundreds of years. it turns out the pusher filed an injury lawsuit just weeks earlier claiming debilitating injuries from a car accident. 5:19. the mother of a man who hit a woman in the face at an nfl game is coming to his defense. why she says her son really had no choice but to throw the punch. and i'm dennis o'donnell. you might want to marry a san jose shark the way they're rolling right now. could a stanley cup proposal be in the works? we'll tell you coming up. >> cool about your school -- what's cool about your school? we want to know. email your nomination to us at coolschools@kpix.com. we may come and feature your school right here on our show. ,, [ male announcer ] you got to love the weekend.

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good morning. if you haven't heard by now, yes, the bart strike is over and bart hopes to restore some -- at least limited service on the bart lines by 6 a.m. this morning. in the meantime, expect some backups for your alternates. bay bridge is already delayed from beyond the 880 overcrossing. more "kcbs traffic" for you still ahead.

a jets fan slugs a female patriots fan in the face. this happened after the jets upset victory over the weekend. now the slugger, 38-year-old kurt paschke's mother, is coming to his defense. she was there and says it was the patriots fan who was the aggressor. >> she punched my son three times to the head, cut his eyebrow. a guy should never hit a girl, i understand that. but you know what? when the girls are out of control, how do you defend yourself? >> police are now investigating the incident. paschke does have a criminal history. in 2011, he was caught serving alcohol to minors while bartending. and in the 1990s, he served 2.5 years in prison for fatally stabbing a teenager. but his mother says he was wrongly convicted. good morning, everybody. the sharks were scoring nearly five goals a game heading into motown last night but the red wings found a way to slow down

the express. 24 saves for niemi, 24 for howard. detroit's best scoring chance came late in the third. smith hit the post. the game was scoreless. a shootout. niemi pitches his third career shutout against detroit in the shootout couture findly finding the back of the net. they needed to answer to keep the game alive. niemi blocks the fake, saves the game. sharks win. the warriors touched down at 5 a.m. took part with a community event with a soccer team. they play jacksonville on sunday. quarterback josh freeman making his vikings debut after being traded from tampa. giants looking for the first wick. year. manning to ruben, 24-yard touchdown and they win. the giants win a football game, 23-7. two weeks after losing. alcs, 68-year-old jim leyland

is retiring after 22 seasons as a big league manager the last 8 in detroit. gone as manager of the detroit tigers. that's it everybody. i'm dennis o'donnell. see you tonight. play of the day to england for an incredible soccer goal. the long pass, gives it a little chest bump and kicks it right into the goal. look at that baby. on a laser! the goal is our play of the day. ba-da-bing! >> 5:25. attention parents, what experts say your students should do more of to bring home as and bs. >> reporter: hundreds of thousands of commuters are breathing a sigh of relief. the strike is over but riders have to wait for the trains. we'll tell you how long when we return. ,,

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>> your realtime captioner is mrs. linda m. macdonald. good news. the bart strike is over. bad news, riders still have to wait for the trainers. we'll tell you how long coming up. >> a former marine is killed inside his classroom by a student. the heroic act before his death that saved his students. >> a thick fog settling in over the bay area now. when will it break up? we'll talk about it coming up. >> and as bart riders wait for service to resume this morning, expect delays at the bay bridge toll plaza. the metering lights were switched on a few minutes ago and traffic is already crowded from beyond the 880 overcrossing. even fastrak is busy. long delays leaving oakland heading into san francisco. the altamont pass also crowded westbound 580 slow from the 205

interchange approaching the livermore valley. i'll have more traffic in just a few minutes. good morning, it is tuesday, october 22. i'm frank mallicoat. >> and i'm michelle griego. time now is 5:30. >> we begin with that breaking news now. bart trains are not running despite the fact the deal was struck late last night. kpix 5's cate caugiran is live at the lake merritt station in oakland getting the latest on when trains might get rolling. cate. >> reporter: frank and michelle, we're hearing that some trains are in position but they are not moving just yet. i spoke with a bart spokesman just a few minutes ago who said they hope to be getting a limited amount of trains running by 6:00 this morning. so it's just going to be another level of frustration for riders this morning. hopefully it will be one of very few in a while. bart and its unions came for a tentative agreement. the unions have to vote on it. neither the unions or bart management would give us the

details on what kind of agreement they settled on. with you we did hear from lieutenant governor gavin newsom who sat in on talks last night. he actually wasn't happy with how far this disagreement went. >> this has to be the last time this happen. everyone is fed up and no one ever wants to see this happen again. the people of this region don't deserve it and the folks behind me on both sides don't deserve this and if there's any lessons to be learned, that is, we have to work together. >> reporter: bart still plans to run buses until 8 a.m. bart says they hope to have full service restored in time for the evening commute. so just to repeat, if you are just tuning in, bart strike so far, but trains are not running just yet. they hope to get them running by 6 a.m. cate caugiran, kpix 5. >> thank you. 5:31 now.

there's a big push to ban future bart strikes orinda city councilman steve glazer starting a petition to ban strikes by public transit workers in california. he has been collecting signatures at bart station. oregon and new york already have the ban. city law stops san francisco muni workers from striking. glazer will hold a press conference today about his campaign. some new details on the ntsb investigation of that deadly bart accident over the weekend. an employee being trained was at the controls when the train struck and killed two workers on the tracks in walnut creek. the ntsb says six employees were on board the train including two trainees. a preliminary investigation shows the person at the controls did hear a warning on the radio that there were people on the tracks. developing news now from nevada where sparks middle school will be closed the rest of the week after a teacher was shot and killed. police say a 13-year-old student carried a semi- automatic handgun to the school

and started shooting before classes began yesterday. he wounded two students and before he took his own life, he killed math teacher michael landsberry after he tried to stop the student from shooting. >> he said, i would do anything for you guys. and i guess that meant taking a bullet. and he did. [ crying ] >> landsberry was a 45-year-old military veteran. investigators are trying to learn a motive for the killings. one witness says the killer said, quote, you ruined my life. now i'm going to ruin yours. a mystery child found in a gypsy camp in europe has triggered a worldwide investigation. police in greece found this 5- year-old girl known as maria last week during a drug raid. they believe she may have been kidnapped by the people who claim to be her adoptive parents possibly to claim government benefits or as a beggar. >> when you have good commodity

like this, they will use this as a girl in the streets of liza to beg because she was blonde and cute. >> if that little girl was abducted it could have been years ago. this is home video found in the gypsy community. it appears to show her as a toddler. 5:34. let's get another check on the weather. a bit foggy this morning. >> a lot of fog out there very thick fog settling in over the bay area. a dense fog advisory in the north bay valleys until 9:00. some of the visibilities less than a quarter of a mannheim. out the door we go. we have some fog settling in over the bay right now and elsewhere so not just the north bay. we have widespread fog. cool temperatures, 40s and low 50s. by the time we get to the afternoon we should find some mild sunshine and some 70s. maybe even low 80s into the south bay. closer to the bay, 63 degrees

in san francisco. let's check the traffic now with liza. >> good morning, delays continue over at the bay bridge toll plaza where traffic is backed up from beyond the 880 overcrossing with the metering lights on. expect to be sitting in traffic there. even though the bart strike is over we are hearing from the chp that they will still allow the extended carpool hours. those extended carpool hours will remain in effect today on the same freeways that we have had them on for the last few days. again, extended carpool hours from 5 a.m. to 7 p.m. no bart service. we are waiting. they hope to have some of the bart trains running by 6:00 this morning. that's a look at traffic. president obama says nobody is madder than him when it comes to the englishes on the affordable care act's website. he is vowing to make changes to streamline the site. cbs reporter tara mergener tells us, some republicans want

to know what went wrong. >> reporter: house republicans get back to work today and they want to know what went wrong with the government's website consumers use to shop for health insurance plans. >> they told us over and over again that they were going to be ready. >> reporter: congressman fred upton the chairman of the house energy and commerce committee will hold a hearing thursday to look into the glitches. monday he issued a statement saying, it is now time for all those responsible to explain what happened. >> there's no excuse for the problems. >> reporter: president obama is promising fixes. >> we have people working overtime 24/7 to boost capacity and address the problems. >> reporter: among the changes, is a new feature called see plans now which shows the price of health insurance before you open an account. the white house says a half million people have applied but the administration refuses to say how many of them have been able to enroll.

tara mergener for cbs news, washington. >> republicans have filed a freedom of information act request to find out exactly how many people have been able to enroll. the secretary of health and human services will testify before a congressional committee next week. happening today right here in san francisco, a new apple tablet. cbs 5 reporter mark kelly here in the city where apple will showcase its new product. good morning. >> reporter: good morning, frank, how are you? apple will unveil its new product later this morning. the others aren't far behind. nokia and microsoft will unveil theirs tomorrow. the big rivalry is between apple and microsoft. so let's compare those. first apple. there's talk of a faster chip, a thinner design, maybe even some rounded corners. and a fingerprint scanner called a touch id. no idea yet what the cost could be on that one.

and then with microsoft, we have the surface too. we could be looking at a permanent stand for the tablet with an optional keyboard to attach as well as a usb 3.0 slot, mini hdmi and mini sd card slot. and all that starting at $450. so what are the tech guys saying about these two tablets? >> apple hasn't really changed the smart cover in two years. basically they came out with the ipad 2 so we are expecting new colors. they are not going to get same distance that microsoft is adding things like a battery or a keyboard or a track pad things that make it more of a laptop. >> reporter: so if you are thinking about selling that outdated ipad, act fast. the companies that buy these old electronics say they are just pouring in. that means one thing. those prices will start to drop. >> i just got an ipad. i don't want another. mark, the tablet isn't the only new gadget coming out today, right? >> well, frank, there's also talk that we could see more on

the apple tv and we could also see a smartwatch from apple but, of course, too soon to tell. we'll have to wait. >> thank you, mark kelly live in san francisco. 5:39. hope for balding boys and beauties. all right. the new technique holding promise for hair growth coming our way. >> and kanye west's proposal to kim kardashian has bay area ties. where he popped the question. >> plus, the changes to the mega millions lottery that could make you rich as early as tonight. stay with us. ,,,,

i love watching tv outside. and why can you move the tv out here? the wireless receiver. i got that when i switched to u-verse. but why? because it's so much better than cable. it's got more hd channels, more dvr space. yeah, but i mean, how did you know? i researched. no, i-i told you. no. yeah! no. the important part is that you're happy now. and i got you this visor. you made a visor! yes! that i'll never wear. ohh. [ male announcer ] get u-verse tv for just $19 a month for two years with qualifying bundles. rethink possible.

uncle sam: san francisco wiener has a dog owners are getting official help to take on uncle sam. san francisco supervisors scott weiner has a resolution opposing a plan by the golden gate national recreation area. the national park service wants to restrict dog access at popular hangouts like kristy field and fort funston. check out this big will you marry me sign at at&t park. that is from kanye west for kim kardashian. the picture is making its way

around the internet this morning. the rapper dropped to one knee with a 15-carat diamond. how could you resist saying yes? kanye rented out at&t park to propose on kim's 33rd birthday. >> symphony, too. very nice. kanye west is trending now because he proposed. also trending, nevada school shooting and roma couple after a couple in greece charged with abducting a little girl. authorities are trying to figure out where she is from. and seal low green is accused of giving a woman ecstasy. apple is also trending. apple of course expected to showcase a new version of the ipad this morning. so there you go. you can follow us on twitter # #cbssf. that is the punch heard and seen all around the country this week. the man in the green is a jets fan and hit a new england

patriots fan in the face after the jets upset victory on sunday. now the pun cherrer's mother is defending her son. the mother is blaming the woman. >> she was the aggressor. she just came out of nowhere and started punching my son. >> reporter: colleen was there when this brawl broke out. she says five patriots fans including two women started fighting with her friends. that's when her 38-year-old son kurt jumped in to break it up. >> he just went over to just pull them off the guy and the girl and that's when they grabbed my son and started punching him. >> reporter: what she describes wasn't captured on video but in the clip that's gone viral you can see kurt in the chaos. when he suddenly gets pulled back. a blonde woman lungs at him and he throws a punch. >> she punched my son three times to the head, cut his eyebrow. a guy should never hit a girl, i understand that. but when the girls are out of control, how do you defend

yourself. >> reporter: kurt was interviewed by police after the fight as were the other people involved. initially, he was told that no charges would be filed. but now new jersey state police will only say that they are investigating. kurt paschke has a criminal history. in 2011 he was caught serving alcohol to minors while bartending. in the '90s he served 2.5 years in prison for fatally saabing a teenager. but his mother says he was wrongly convicted. >> it happened many years ago when my son was only 17. he was set up by a white supremacy group and unfortunately, he ended up taking the blame for the stabbing of another youth. >> reporter: a mother now hoping her side of the story clears her son's name in this incident. in holbrook, long island, jessica schneider. >> the victim's family says she is not the type of person to provoke fistfights. 5:45. weather time. and fog. >> yeah. a lot of fog out there. thick fog this morning but some sunshine coming this afternoon

but the fog a little dangerousry thick early on today as we have some visibility to a quarter mile or less in some societies. dense fog advisory in the north bay valleys. fog and drizzle toward the coastline, as well. temperatures generally in the 40s by the afternoon mild sunshine and 60s and 70s with hazy conditions inside the bay. 80s possible in some of the interior valleys and 50s cool at the coast. high pressure in place. we have a couple of lows undercutting that ridge. one will pass by cooling us down but right now looks like sunshine for most after the fog except at the coastline. we are going to see cool temperatures and patchy fog continuing. 80s into the central valley. about 66 degrees and partly cloudy into the monterey bay. around our bay temperatures running up in the 60s and 70s inside the bay. still 80s possible in the far interior valleys and 50s toward the coastline with the clouds. next couple of days we are going to see minor fluctuations in the weather so more patchy dense fog by tomorrow then a few more clouds coming our way and cooler temperatures are

expected for the weekend. all right. time for your schoolcast. this is a great name for a school. star of the sea school in san francisco. it is going to be a foggy start there in the school. the clouds will give way but staying cool by lunchtime recess, 61 degrees. 62 for the final bell. that school founded over 100 years ago. that's amazing. our lady star of the sea school. if you would like to nominate our school for schoolcast, go to kpix.com/schoolcast. we would love to put it on the air. let's check your "kcbs traffic" with liza. >> a bit of breaking news to report. just hearing now that bart trains are running. service has finally been restored. just keep in mind it is limited bart service. they do hope to have their full complement of trains available to you for the afternoon choose. bart trains are running. head out now to your local bart stations. the altamont pass, 205 slow going approaching the altamont. you can see all the brake lights there so you're going to

be backed up from the 205 interchange approaching the altamont pass. that slow traffic will stay with you as you head towards livermore. it's been slow over at the bay bridge toll plaza. we had an early-morning accident at the pay gates. that's long gone. meted meet are on and traffic is backed up from the foot of the maze. highway 24 is crowded. westbound traffic approaching the caldecott tunnel slow so expect backups there bay bridge caldecott the silicon valley has been fine. northbound 101 just a very small pocket of slow traffic as you leave the 280/signatures six united arab change. but still trouble-free for 280 approaching downtown san jose. and the san mateo bridge has been fine still no major delays to report to you westbound approaching the hayward area. bart trains are running and commuters can breathe. that's "kcbs traffic." >> that is welcome news. thank you. 5:48. just in time for today, mega

millions is changing things to improve your luck. mega millions has been overshadowed in recent months by those big powerball jackpots. so changes were made to increase the mega millions jackpots and improve chances of winning the smaller prizes. the number of white ball choices is up to 75 while the number of mega ball choices is down to 15. the changes all start tonight. a new study indicates spanking a child can do more harm than good. a report published in the journal "pediatrics" says kids who are spanked tend to demonstrate more aggressive behavior later and are more likely to break rules. researchers talked to nearly 2,000 parents and found spanking at age 5 was associated with behavioral problems and lower vocabulary scores by age 9. and more on your morning healthwatch. exercise could help kids do better in school. new research from scotland found girls who engage in physical activity when they are 11 years old do better in

science later in life. while exercise benefit both boys and girls in all school subjects, researchers say it had the biggest positive impact for girls in science. researchers at columbia university have found a way to generate new hair growth. it's an advance from transplant methods that simply redistribute hair from one part of the scalp to another. the new technique could be used to induce growth from donor hair follicles or to rejuvenate existing follicles in your scalp. it could help men and women balding. time now 5:50. a police officer watched a woman steal from a store but didn't arrest her. what she did instead to change her life. >> and it could be one of the most ridiculous things you have heard a fan do. justin bieber's mini me when we come back. stay right there. ,,,,,,

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dense fog in the bay area. in fact, that fog very thing in some of the north bay valleys where a dense fog advisory is in effect until 9:00 today. some of the visibilities less than a quarter mile. we are going to start off with the good news. the bart strike is over. trains are finally running. very limited bart service and now the bad news. they are reporting 30 to 45- minute delays on bart. you can see the delays right here at the bay bridge toll plaza. i'll have more "kcbs traffic" for you still ahead. a florida mother got caught shoplifting food. but instead of arresting her, police actually helped the mother out. jessica robles was stopped as she walked out of a store pushing a cart filled with food she didn't pay for. miami-dade police officer vicki thomas then went in and bought her grocery. >> she came out and helped you

even had food at the house and i looked at her -- and her face and i told her no. i don't. >> i made the decision to buy her some groceries because arresting her wasn't going to solve the problem of her children being hungry so i bought her some groceries. >> she bought $100 worth of food. country singer dolly parton is recovering after she was in a fender-bender in nashville. police say parton was sitting in the front seat of an suv when a car ran an intersection and hit her. she was taken to the hospital with minor injuries. she is expected to be okay though. she later tweeted about the crash saying she was sore and resting at home. singer cee lo green won't be charged with sexual assault but the coach of the tv the voice is facing charges. the l.a. district attorney accuses him of slipping ecstasy to a female dinner companion in july. green pled not guilty back in

court in november. justin bieber fan has gone to extraordinary lengths to make himself look like his idol. 33-year-old toby sheldon of britain spent almost $100,000 on five years of plastic surgery. this is what sheldon a songwriter looks like after all of the work. on top of botox injections and hair transplants. he also has smile surgery with his upper lip lifted and his lower lip plumped. i'm mark kelly live in san francisco. your ipad is about to be old news. later today apple is coming out with its newest version. we'll tell you what it has coming up. >> reporter: i have been it whatting a long time -- i have been waiting a long time to say this. the strike so far and bart trains are running. why they were delayed in the first place, coming up. ,, ,,,,,,,,,,,,,,,,,,

[son] all right,she has no idea. [man] no one told her,right? [son]hi! [mom screams]

the bart strike is over and the train system is up and running this morning. >> if there's any lesson learned, it's that this can never happen again. >> bart management and its unions reached a tentative agreement late last night. and some new information in the investigation into what happened right before this weekend's deadly bart accident. >> ntsb investigators spent the day again out here at the crash scene and what they're telling us is that even though the train was in a sort of automatic pilot, but there was someone in the cab by himself and that that person was an employee who was being trained at the time because of the strike. >> the tablet wars about to get even hotter with new releases in just a few hours. >> if you believe the latest apple rumors, then the full- sized ipad is getting a makeover. a faster chip, thinner design, maybe even some rounded corners. >> from across the bay to around the world, the stories that matter on "kpix 5 news this morning." captions by: caption colorado comments@captioncolorado.com >> score ! >> your realtime captioner is mrs. linda m. macdonald. good morning, everyone. it's tuesday, october 22. i'm frank mallicoat.

i'm michelle griego. time now is just about 6:00. graduationbreaking news, bart trains are running. this is a live look at the san bruno bart station. it was a late-night deal that was made ending the strike. one person buying a ticket. kpix 5's cate caugiran is live at the lake merritt bart station in oakland and cate, we understand limited service resumed about 15 minutes ago? >> reporter: yes. and finally we get to say it, the strike is over and the trains are rolling. how long have we all been waiting to say that to the bay area commuters? and we did speak with a bart spokesman who said, yes, about 15 minutes ago the trains started rolling. unfortunately, there's going to be about a 30 to 45-minute delay so this will be another setback for commuters this morning but i did sneak with one rider who had a good attitude about it. he said better late than never. >> reporter: we were here when bart officials and its unions came out of these doors la