file charges if i wanted to and it was considered battery and a hate crime. i did not file any criminal charges. >> the woman identified herself on a linked in case as media intern for the associated student on campus. we cannot confirm, that nor would the police tell us anything, saying it was an ongoing investigation. >> university officials say they are investigating as well, under the campus student conduct procedure. in san francisco, mike sugarman, kpix five. we have exclusive information about what happened moments before two alameda sheriff deputies are pummeling a man. the man works out of the sheriff sub station in san leandro where andrea borba is standing by tonight. andrea? >> reporter: we have learned the name of the third deputy who has opinion placed on administrative leave tonight tonight for the first time, we are hearing from her river greg

ahern about the beating that turned into a scandal for his department. >> the attorney for the man who was beaten announced a civil claim. a picture of his client shows his client bloodied bandaged. >> it was wrong to flee the scene but what was more wrong is deputies violating their duties and using excessive force when there was no reason to since the man surrendered. >> the policies don't include excessive beating, taking jewelry and bribing witnesses >> reporter: at issue, this gold neck lace. a

somebody claimed that a deputy took necklace and gave it to two homeless people. the the necklace was taken but never logged as evidence. >> kpix learned that one of the deputy office on leave for the alleged theft and robbery is this one, sean osborne, who has more than 15 years on the force and is a decorated training officer for the dui unit. there are some questions about the initial reports, the 11 alameda deputies filed in this case right after the beating. the discrepancies, they say, the videos did not match the word. families of students killed in last summer's balcony collapse in berkeley can't believe that the d.a. decided not to file any criminal charges. in all, stiexdz died, sean seriously injured when the balcony gave way during a party

on june 16th. juliette goodrich is at the apartment complex for us. >> reporter: vern cashing -- vern cashing -- veronica, i want to show you the changes that have happened. the balconies have been taken off. the families are disappointed. flowers and photos of the six who were killed remained as a remainder. >> this is a horrible thing and our hearts go out to the parents and friend the children who were killed here. >> the family of one of the victims, 2 it 2-year-old ashley donahue said that they are disappointed that no criminal charges will be filed. they said, quote, there is a deep desire for this case to act as a lesson for other builders and avoid a tragedy like this from happening again. the district attorney declined to talk on camera about the

criminal charges and said for some reason, the ball copy collapsed because water had been trapped during construction leading to extensive dry rot. >> the district attorney, you know, did all of this investigation. a lot of information that she has that she has uncovered will be able to come forward in a civil trial. >> after the tragedy, the city of berkeley launched an extensive balcony and section program. as a result of the inspection program, more than 400 balconies in berkeley needed repairs. tenants in this apartment building tell us that their balconies received reinforcement. >> there is a back log in berkeley on balcony inspection? are you overloaded. >> no, we are not. we inspect them rigorously. in three years, we'll go back and check again. >> reporter: while changes have been made to ensure that ballot ball con -- balconies are

inspected and safe, people here say that their hearts and prayers go to the families of the people killed. >> you know, there was not much anger as to, how do we get this to not happen again. >> reporter: there has been a lot of interest in this case, especially in ireland. the berkeley mayor has been contact by irish radio -- has been contacted by irish radio about why criminal charges have not been filed. but the mayor said that because the investigation was done, it will help in a civil case. state audit criticized out the-of-state enrollments. two state lawmakers plan to introduce legislation to address the issue. janet napolitano slammed that audit saying that the university had to admit other

students that pay a lot more in tuition fees to make up for the budget cut san francisco mayor ed lee is accused of not doing enough to fix the homeless program was happy to show off a new program. there is a new lab that will help the homeless find housing and jobs. >> yes, of course, people need a place to live, but there is also that part of people's lives that need a job. they need good skill sets, supporting them to get back into the work force. this is what downtown streets are doing. >> the downtown street teams helped more than 500 people find employment and nearly 500 people find housing across the bay area. crab lovers, you will soon see fresh local dungeness in some local stores. tonight, we have a pretty good idea of how much it's going to cost. fishermen gathered at local meeting hauls today and voted to accept the wholesale price

of $2.90 a point. the commercial crab season opened last week, much later than usually because of acid levels in some crabs. >> we are get egg ready to go fishing. we have to get the gear into the water and dot best we can. >> fishermen say that fresh locally caught crabs should be in stores by thursday. it shut cost about $6 per pound. a man who hijacked a plane has been identified. he told a flight attendant that he is wearing a suicide vest and ordered that the plane be diverted to cyprus. when the plane landed, he freed 49 hostages including eight americans and walked off the plane. police arrested him. in cyprus? his ex-wife lives there and he

wanted police to deliver a letter to her. as for the suicide vest, it was a fake. trouble on the trail for donald trump. the frontrunner's campaign manager is facing charges after investigators say he grab add reporter's arm and yanked her out the way. cps's craig boswell reports that trump is defending his man. >> reporter: surveillance video shows donald trump's campaign manager, corey lewandowski confronting former breitbart reporter michele field. field was trying to talk to trump. the police affidavit said that field's forearm appears to have several bruising mark. field tweeted these photos saying, i guess these appeared on me. lewandowski responded by saying that i never touched you.

trump says that the presidential candidate says that his presidential candidate was just trying to protect him. >> she is grabbing at me if you look at her. and he is acting an an intermediate intermediary and trying to stop her from touching me. >> reporter: this comes as the republican campaign is increasingly heated. >> that has no place in a political campaign or in a democracy. >> steve shgarus doubts that trump's campaign will suffer. >> i doubt it will have any effect on the hard core supporters of trump. it may bolster the support. the is a da over -- saga over hillary clinton's e-mail is not overyet. in fact, a judge said he will allow a conservative group to

do more digging into the e- mails. more on the race to the white house, including a key endorsement for ted cruz a major victory for a union in a supreme court case brought by workers. the union wanted to collect fees from all many employees. merrick garland met with republicans for the first time since his many nomination. senator mark kirk went against the party saying that his constituency wanted him to have an open face. some believe that's a political move because kirk is in a tight

race. an lapd officer is taking on grammy winning elton john. >> why he is suing the grammy- winning singer. and we are adding sunshine and warmer temperatures to the forecast. not until the next chance of rain. would you not know if you looked outside. we'll vit all in the forecast coming up. and a san francisco man out of the box thinking to combat sky high rent. ,,,,,,,,,,

(scal): good day, m'lady! i am sir-can-a-lot, here to save you from another breakfast bore.

wake up those eggs with glorious spam! see what spam can! do... at spam.com happened in 20-14 when he w uty. but the capta new at 5:00, a los angeles police captain says that elton john groped him. it allegedly happened in 2014 when he was off duty but the cap tape says he will file a

lawsuit. along with groping, he says that the singer made some lewd comments. a rep for elton john says that is blaise. and after a tough week, dickinson got some good news. she said that cosby accused her of lying. the small court victory comes one day after dickinson announced she was diagnosed with breast cancer. >> i'm not feeling well but i will say there is a god. >> dickinson homes to use her recent health issues to inspire others we all know that renters in san francisco pay big bucks for small spaces. >> but we have never seen anything like this. >> peter berkowitz wanted some privacy in packed shared house in the san francisco sunset so he thought out of box by building an actual box. he pays $400 a box to live in a

house living room. the box featured a side table and shelving. fans will notice something different at next week's giant home opener. >> we'll have the safety changes behind home plate. >> reporter: there will be new faces and new foods but for many fans, the biggest change will be the netting behind home plate. as a result of new guidelines implemented by mlb, and after accidents around the country with bats and baseballs, the giants upgrated. >> we wanted to do everything that we could to increase fan safety and we increased both the height and width of the net >> reporter: this is video from june to 15 when an oakland fan was injured by a broken bat at fenway in boston. a net like this would have provided protection. it ups the height from 20 to 25 feet. not only do the giants say that

this netting will make it safer for the folks sitting behind home plate, they say that, contrary to what you might think, it would be a better view for all these folks, too. >> when you see the net, it almost disappears. you don't even notice it's there. it has allowed us to take down some obstructive poles that were heeling up the net. >> reporter: but safety is increased. >> you know, if you are sitting behind the plate, you know, safety is our issue the late, late show's james corden is taking over prime time tonight on kpix 5. his popular car pool karaoke has hosted an eclectic group

including justin bieber and adele. she picked up that girl, jennifer lopez for a music- filled ride. >> we've only done it -- we've done 11 times. for it to be something that people love so much is incredible for us. >> it's a good one. the car pool karaoke prime time special airs tonight at 10:00 right here on kpix 5. >> that's a good gig, right? >> pretty good. >> karaoke with j.lo. >> and the camera is mounted on the dashboard. >> the artists are loving it. >> that's a win-win. >> absolutely. >> don't forget to watch it tonight because it's going to be good, too. >> good idea. >> the weather looks win-win as well. plenty of sunshine. yet, the prospects for a little rain coming out of the bay area, almost a week from now. at least it's on the horizon which has not been the case.

lately, it's been a fairly dry week to round things out with. as we look live at the top of the trans pyramid. blue skies. wind scoured everything out. temperatures for now, mostly in the 60s in the bay area. 64 in con court. 59 in san francisco and 64 degrees in san jose. 64 for santa rosa. doppler, a few buildups there on top of san benito peaks. it's dried out in stark contrast to what it's been. going towards the california- arizona border. while we raised one eyebrow, just one, as to whether it will make it over the top of that low, seems like we should be drying out and continuing with a sunny regime and that much

warmer today cloud building in the south way. our is a producer has analyzed this closely. south bay, maybe some more clouds as we shall see as the day progresses. more sunshine. a little bit of the mix of sun and clouds tomorrow low clouds will form. overnight lows, we'll look to be chilly because we have clear skies. numbers will get down to 38 degrees in santa rosa. 35 in fremont. and a large zeppelin flying offshore here, i guess. 69 tomorrow. now in some places, we edge a little bit above. plenty of sunshine art low clouds burn off in the south bay which we'll see tomorrow

afternoon. temperatures climb up. numbers at least approach 70 degrees north bay tomorrow looks like sunshine and temperatures in the mid-60s ukiah, 70 squeeze. mix of sun and clouds tomorrow. for thursday, numbers warm, into the low 70s. a breeze. inland, and then for friday, saturday and sunday, more of the say. nearly 70 around bay. low 70s for the inland areas and then monday and tuesday, it looks as if maybe a few showers work their way into the bay area but it does not look like a huge rain maker but it will give julia something to talk about when she talks about the weather tomorrow. she does a beautiful job. i see her over there. >> i see her. >> thanks, brian. cleanup in aisle 9. some of

the nation's biggest food makers taking a key ingredient in food. why some others may soon follow suit. e: two of the world's largest manufacturef ,,,,,,,,,,,, ,,,,,,,

canned food are making a ch. new at 5:00, two of the world's largest manufacturers of canned foot are making a change. >> they will stop cans lined with a controversial chemical. >> julie watts says this comes

on the eve of a report expected to be critical of those companies. >> bp a is a chemical linked to hormoneal and health issues. it's still widely used as a protective lining in food cans. campbell says that they will stop using bpa likely in preparation for a new report set to be released tomorrow. they said that there are 200 cans which have bpa. this comes as. >> the controversial move, they just proposed the checkout line, instead. the center for environmental health says that environmentalists caved to corporate pressures. >> companies who have not done anything are complaining to the state and want a loophole to give them another year to comply. that's just not okay. >> the state wants to give stores another year to cycle

through the cans, still on store shelves in an effort to avoid what they call warning fatigue. >> people entering supermarkets might see this is just a mullets student of proposition 65 warnings lining store shelves. we don't think that's really a good clear way to get important information out. >> now, some largely natural and organic companies have stopped using bpa in their cans. both campbell and delmonte say that the level is safe. if you are -- they say that if have you a kit, for instance, that is a finnicky eater and you keep feeding from the same can, that may be a problem. >> how does the chemical get into the food? >> well, when they heat up the

can for sterilization, that gets into the food. >> no thanks for that. >> back after this. ,,,,,,,,,,,,,,,,,,

the unusual tragedy at an er pool party. bay area father electrocuted saving his children. the unusual tragedy at an easter pool party and only on 5:00, a bagful of voters registration form abandoned in a bay area park. personal information left sitting in plain sight. we asked how could this happen? and that's going to do it for kpix news at 5:00.

>> cbs evening news with scott pelley is coming up next. >> pelley: the f r says the charge against his campaign manager is "trumped up." >> he was very, very seriously maligned and i think it's very unfair. >> pelley: also tonight, the president takes aim at the heroin epidemic, and we'll show you a program that's working. an alert gun shop owner may have stopped a massacre. >> the look in his eye, i'm-- i mean, he just-- there was something about him. there was definitely something about him. >> pelley: and we'll remember former television and film star patty duke. ♪ patty duke captioning sponsored by cbs this is the "cbs evening news" with scott pelley. >> pelley: this is our western edition.