an innocent bystander, walking at night with a lady friend, interrupted by three men who may or may not have been selling drugs. >> the victim had no criminal background. it was just a senseless crime. >> reporter: against a kid who had lots of friends and admiring teammates in football and wrestling. >> he was a very funny guy. easy to get to know and makes you laugh no matter what. >> on social media it was more of the same. thank you, kionta for always putting a smile on my face and keeping one on yours no matter what. i lost a brother today and visiting the site today brought me to tears. the place where he drew his last breath has become a gathering spot. even more are expected here. there's a memorial planned at 6:00 tonight. suspects, police say, three teenaged boys, hispanic, who made a getaway in a silver suv. in hayward, mike sugerman, kpix

5. >> this is the second murder in two weeks in that west hayward neighborhood. a light rain started falling this afternoon on the rocky fire. cal fire says it's going to bring little relief simply because that fire is too big. it's charred 65,000 acres and remains out of control. in fact, it's only 12% contained. almost 7,000 homes are threatened by those flames. let me show you a map that will give you an idea how big the rocky fire is. the area in red has gone up in flames. the fire has jumped highway 20, headed north. reporter chris martinez has the latest from lake county. >> reporter: the rocky wildfire is quickly tearing its way through heavy brush in multiple directions, blackening more than 101 square miles. >> this area has never burned before. the fire is extremely dense, extremely dry. that's what's really fueling, pun intended, the fire. >> reporter: the wildfire has destroyed at least 50 homes and other buildings. flames jumped this highway that was acting as

a vital containment line. despite the fire's advance, no other homes burned, but the 13,000 residents who were ordered to leave remain on edge. >> it's tough thinking what i could come back home with. but once again, as long as i'm okay, life goes on. >> reporter: crews say their biggest challenge is the shifting winds in this area and they say this fire has grown at an unprecedented rate. >> two days ago we saw the fire spread and five hours, approximately 20,000 acres. that's really something we haven't seen before. >> reporter: mor tn 3,000 firefighters are doing everything they can to build buffers between flames and the thousands of threatened homes. and residents are leaving behind signs of their gratitude. chris martinez, cbs news. >> it's forcing the middletown school district to delay the start of the school year. some of the schools are being used as evacuation centers. that same system bringing

rain here today. kind of cloudy. maybe a few raindrops. paul, i felt them when i went to get lunch today. >> we did have showers out there. a few raindrops. no measurable rain report ed throughout the area but raindrops are rare this time of year. there will be no additional rainfall toward clear lake this evening. it will be sunnier and less humid tomorrow. as mentioned in the story the winds are coming from the east southeast, a wind direction change for tonight and tomorrow. they'll be peeking at 10 to 15 miles per hour. there were a few drops of rain over the fire area and lake county and northern sonoma and napa. you see everything lifting to the north. a few showers in fremont and walnut creek and marin county. that tropical air is lifting to the north. we can trace the tropical air from the bay area all the way back to hawaii. there's a big time hurricane sitting just to the east of hawaii. his name is guillermo. some of the tropical moisture has been pulled out of the storm and transportload the way to california and that's why

we have that tropical feel outside, why it looked like rain throughout the day and a few raindrops throughout the bay area. we'll talk about an additional chance of rainfall coming up in about 12 minutes. a sad end for the search of a missing teacher. ed cavanaugh's body was found today. he was last seen on july 17th in the el dorado national forest. he went for a dirt bike ride along the rock creek trail when he disappeared. cavanaugh taught wilderness skills. today his family thanked everyone who took part in the search. cal trans is apologizing for a huge traffic jam in pacifica. workers were repaving a section of highway 1 yesterday between maury point road and that's when things got out of hand. cal trans is blaming yesterday's gridlock on an accident that sent one car in to a section of fresh pavement. adding to that insult, the city of pacifica says it was never notified about scheduled road work.

the city says it wants a head's up from now on and was stung by all the criticism. they plan to do additional repaving work today. hayward fire chief garrett contrares is back at work after being suspended for drinking on the job. an investigation found that the chief also started a fight and ignored calls to supervise his firefighters at an apartment fire. contrares was suspended for a month starting in june. he also had his salary docked. a fundraiser being held for fallen police officer scott lunger. famous dave's donating a portion of today's sales to a family trust. money will also be raised from prizes, raffles, a live auction. sergeant scott lunger was shot and killed two weeks ago during a traffic stop. closing argumenterize being heard right now in an unprecedented league case taking place in san francisco. the issue, what to do with five frozen embryos that belong to a couple now divorced. the couple signed a prenup saying if they

divorced, the embryos would be destroyed. the wife is a cancer survivor and says this is her only chance to have a child. her ex-husband wants them destroyed. >> all this is a ploy. it's to get the court's sympathy. everyone feels empathy for dr. lee and her situation. but that's not what the court needs to decide because the cancer is not relevant to what we're doing. once we filter out all the noise, we have a really simple case. >> her lawyer insists she believes she was signing a medical waiver and not a binding agreement. a judge will decide whether lee's right to have her own child outweighs the prenup agreement. a claim today that the big corruption scandal goes all the way to the top of san francisco city hall. the filing says mayor ed lee and some of the

other top city officials as well as an alameda county prosecutor were all named in the fbi investigation. chow's lawyers want his case dismissed for what they call selective prosecution. his trial on racketeering charges is supposed to begin in october. ed lee's re-election campaign had this response. there's absolutely nothing in today's filing by raymond chow's attorneys that suggest that mayor lee himself or his 2011 campaign did anything wrong or inappropriate. a lifeguard pommeled on the beach and now a new twist in this brutal brawl caught on tape. what the victim did moments before that may have fueled that fight. >> survivor campaign 2016 style. who's in and who's out for the first republican presidential debate? >> stealing the spotlight from chris brown? how this bay area grandpa became a hip,,,,

for over 60,000 california foster children, having necessary school supplies can mean the difference between success and failure. the day i start, i'm already behind. i never know what i'm gonna need. new school, new classes, new kids. it's hard starting over. to help, sleep train is collecting school supplies for local foster children. bring your gift to any sleep train, and help a foster child start the school year right. not everyone can be a foster parent, but anyone can help a foster child. the deaths of two base

jumpers killed this spring in yosemite remains a mystery. daredevil dean potter and his climbing partner graham hunter were attempting to sore through a rock formation when they slammed in to the ridge line. investigators ruled their deaths an accident but officials still don't know exactly what went wrong, listing several possible factors like distraction, miscalculation, indecision, and air turbulence. new video of a brutal attack on venice beach. it turns out a lifeguard poured water on to a group in the moments before he was attacked. some beach-goers recorded this video showing a group of people shouting at the lifeguard who was up in his tower. one man tries to climb the tower ladder to get to him. moments later the lifeguard grabs a bucket of water and pours it. one of the men knocks him to the ground. this witness video that went viral last week shows what happens next. two men hitting the lifeguard over and over. a woman seen kicking the lifeguard

while he's down. police say the lifeguard fought back and knocked the man unconscious. the three alleged attackers have been arrested. the lifeguard's actions under investigation now. officials say it all started because he asked the group to put out a cigarette. weeding the campaign crowd down to 10. the stage set for the first republican debate. who didn't make the cut and what they'll have to do to catch up. >> asparagus water the next crazy health fad? why whole foods says the $6 drink was a mistake.,,,,,,,,,,,,

late this afternoon the invitations were sent to the 10 republican candidates who made the cut for the first presidential debate. reporter craig boswell says new poll numbers show one of the candidates with a good sized lead over his competition. >> reporter: the lineup for the first presidential debate of the campaign is set. the top 10 candidates from an average of national polls were selected to take the stage thursday night. >> we're leading by a lot, number one in the polls. >> reporter: but attention is clearly focused on the frontrunner, donald trump, who's outspoken style has him out front in nearly every national poll including the cbs news poll released tuesday morning. >> people are so starved for

candor from politicians that they're rushing to him because he appears to say what's on his mind. >> reporter: for the rest of the candidates, thursday's debate has a chance to go face to face with trump and potentially grab the spotlight. >> executing an attack on trump that would be successful is a very high wire act. >> reporter: those not in the top 10 must take the stage hours earlier when fewer voters will be able to tune in. but bob leerman, a political professor at american university says all is not lost for the candidates kept out of the debate. >> it doesn't mean you can't do well if you're in the second tier. somebody will say wow, i didn't know he was so effective. >> reporter: the candidates who failed to make the cut this round have a month to get their numbers up before the next debate in september. craig boswell, cbs news washington. >> the debate in california will also feature the top 10 candidates based on an average of national polls in the main field. mississippi police on the lookout for two men who fired shots at a military facility.

happened this afternoon near camp shelby near hattiesburg. the facility is hosting 4600 soldiers for summer training. authorities say two men fired gunshots at the soldiers from a vehicle and then sped away. we're told nobody was injured. the family of a woman who died in a texas jail cell has filed a wrongful death lawsuit. sandra bland died in jail last month three days after a confrontation with the state trooper during this traffic stop. an autopsy determined bland hanged herself in her cell. the lawsuit claims the officer was reckless when he pulled bland from her car and that jailers disregarded her safety. the father and daughter killed when a circus tent collapsed in new hampshire died of blunt force trauma. a severe thunderstorm warning was issued minutes before it uprooted and toppled the tent. inspectors did not inspect the structure after it was set up and the circus was operating without the

correct permit. the fda has approved a 3d prescription drug. it's made by creating layers until the correct dosage is reached. the drug should be available next year. whole foods has been called out for its high prices before but the company is doing damage control after an instagram picture of asparagus water went viral. the bottleed water with three stalks of asparagus cost $5.99. as we mention weather, a big part of the massive wildfire burning across three california counties. cate cauguiran with a closer look at what the crews are up against. >> two things working against firefighters are the winds and dry brush in this area. the wind is what keeps that fire unpredictable and this is what's fueling it. to give you an idea of how aggressive this fire is, we're standing at highway 20

where the fire has actually jumped from one side to the other creating a whole new battleground for firefighters. >> paul, what are weather conditions like right now? >> windy, 10, 15 miles per hour. we've seen windier days in the area but the wind has been changing direction. you want to create a wall. tough to create a wall when the leading edge of the fire keeps moving in different directions. the inconsistency of the wind direction that's been a big problem and will continue tomorrow because now the wind is coming prom the east southeast. kind of felt strange today. it was humid, cloudy, looked like it was going to rain all day long and we did not hit 80 degrees. livermore, 77. san jose, 75 . even with the sunshine breaking out in san francisco you're shy of 70 degrees. we did have a few sprinkles. looks very intense on the radar. we're shooting in to the cloud and the majority of

this rainfall evaporated before hitting the ground. we call that virga. something fell from the sky in the summertime yet again. we had three rain chances in july. this is our first one in august. tonight we'll have partly cloudy to mostly cloudy skies. san rafael, 58. san francisco, 59 degrees. we can trace this moisture all the way back to hurricane guillermo which thankfully will pass just to the north of hawaii. all the way out back to the bay area. kind of acting like a slingshot sending some of that moisture in to california. that's why it was cloudy throughout the day today. tomorrow a ridge of high pressure. taking that tropical moisture and shoving it to the north. we'll be milder tomorrow and thursday. remember that low we were just talking about? not the storm itself but the low pressure area along that tropical moisture. that will move directly over the bay area on friday and there's another

summertime rain chance with a chance of a few showers anywhere in the bay area and a chance of a mountain thunderstorm especially in the north bay. unstable air returns on friday. our second rain chance of the week. sunny, less humid the next few days. watch out for an isolated thunderstorm coming up on friday. that means the potential for dry lightning which could make a bad situation worse up toward lake county. concord tomorrow, 84 degrees. much warmer, much sunnier. santa clara, 78. campbell, 82. san mateo a -- mateo, 73. upper 60s in san francisco. clouds in the morning. sunshine in the afternoon. novato, 79. santa rosa, 80. a little bit warmer thursday. watching out for that isolated mountain thunderstorm on friday and the weekend looks pleasant. 70s near the bay, 80s inland. we've had these rounds of tropical moisture. i think about five or six rounds of at least a chance of rainfall. some summers we get zero.

we've had six. abnormal. new at 5:00, we're learning the story behind this dramatic rescue. deputies rushed to pull a man from a car seconds before it's hit by a cal train. today new praise for those men who saved a life. and that rescued driver, he's in a lot of trouble. kpix 5 reporter mark sayre on the driver's own behavior that put everyone in danger. >> the first thing is you've got to get out of the way. >> reporter: deputy lance said he only had a split second to make a decision. >> the train was coming. at that point after he wasn't responding i knew i had to take control of the situation and physically remove him from the train for both our safety. >> reporter: in this cell video, the deputy is seen pulling 20-year-old nelson gomez to safety. gomez had been driving erratically and slammed in to a signal post just as the gate arm was going down. >> he was sitting in his seat obviously injured and nearly

incapacitated. i grabbed him by his arm, pulled him from the vehicle, at which point we got a few feet from the car. i noticed the train was coming in at the angle the car was parked. the car was still going to possibly strike us. at that point i dragged the driver a few fec farther from the car. >> reporter: deputy erick rueppel ran down the tracks toward the approaching train to try to get the conductor to stop. >> i decided at that point run toward the train, waving my arms, trying to give him the signal that he needed to stop the train and as he passed me, that's where i took a breath and the car went out of my view and i heard the impact so i guess at that point i hoped that they got out. >> reporter: both say they did what they had to do under the circumstances. >> definitely proud of what i did. essentially saving someone's life

and that's the greatest thing you can accomplish as a police officer. >> that was mark sayre reporting. just before the rescue investigators say driver nelson gomez was involved in two other hit-and-run incidents. he'll be charged with felony dui, hit and run, driving without a license, and also a probation violation. we want you to meet the grandpa taking the hip hop world by storm. >> my dancing man is og. >> that's og for old guy. the twist of events that drove him to the dance floor. ,,,,,,,, jamie wanted a taste of the real new orleans

and we just couldn't say no to that face. then we wanted more of that local flavor so betty says... oh yeah, that's betty. you're going to want to do this alligator thing. and betty didn't lead us wrong. a little later we passed some dancing.

and who doesn't like dancing? especially when it's followed by fireworks everyone's nola is different. follow yours. a northern california man proves that age, nothing but a number. >> kpix don ford breaks it down with the hip hop grandpa. >> reporter: he's a hip hop dance sensation. he's 62 years

young and he surely stands out in the crowd. but who is this guy? >> my dancing name is og. >> for what? >> for old guy. >> reporter: og started hip hop dancing in 2009. first parties, now a featured head license plateer -- headliner at clubs. even recognized in the professional hip hop music scene including major videos. >> the different videos i've danced in and especially the last one with chris brown and tyga and school boy q, that whole day was dope. it was a lot of fun. >> reporter: here in the chris brown video, he has admittedly a small appearance, but to be included at all is a recognition of his talent. or is it? at first he was always asked -- >> what in the world is that

old white man doing? >> and what were you doing? >> i was dancing. so i just walked out to the middle of the floor and kicked my moves and they said wow, that's why he's here. >> reporter: hip hop isn't the only dancing he enjoys. turns out og is a trained salsa dancer. he enjoys ballroom dancing and -- >> i do like country music. >> you like country music too? >> oh, kenny chesney. yeah. >> what music do you not like then? >> square dance music. [ laughter ] >> reporter: og says he will keep on cancing until the wheels fall out. don ford, kpix 5. >> bust a move. in tonight's jobs report, one important perk of any job. your vacation time. >> americans receive the least paid vacation time in the world, while employees in other countries enjoy as many as 40

days off a year, the average american worker with five to eight years of experience gets just over two weeks or 11 days of paid vacation annually. if your summer respite has you pining for more time off, some industries reward their employees with both pay and vacation. top of the list according to payscale.com is civil engineers. they earn an average of over $79,000 a year and get 3.2 weeks of vacation. civil engineers design, construct, and supervise large construction projects and systems including roads, buildings, airport tunnels, bridges, systems for water supply and sewage treatment. civil engineers need a bachelor's degree and a license to practice in the locations where they provide services. to learn more about the rules here in the bay area, go to the american society of civil engineers website at asce.org. it's organized regionally.,,,,

♪ how's it progressing with the prisoner? he'll tell us everything he knows very shortly, sir. as you were... where were we? 13 serving 14! service!

if your boss stops by, you act like you're working. it's what you do. if you want to save fifteen percent or more on car insurance, you switch to geico. it's what you do.

i'm ken bastida in the kpix 5 news room. new at 6:00 tonight, a tense confrontation with police caught on camera. >> take your hand out of your pocket. >> no, sir, i've done absolutely nothing. no. >> put your gun down. really? >> what led that cop to pull out his gun and what the police department is saying about the exchange tonight. >> plus they light it up for bay area sports teams, now a new plan to sell ad space in san francisco's city hall. join us for that coming up tonight at 6:00. >> see you then. >> thanks

for watching us at 5:00. the cbs evening news with scott p >> pelley: nature at its worst. a violent storm takes out homes in the east, while fire runs wild across the west. also tonight, trump leads the pack heading into the debate. some surprising findings about him in our new poll. the death toll rises in an outbreak of legionnaires ansease. and when this song is performed in public-- ♪ happy birthday to you >> pelley: somebody is celebrating in private. ♪ happy birthday to you captioning sponsored by cbs this is the "cbs evening news" with scott pelley. >> pelley: this is our western edition.