described corporal ronil singh. ron as many on the force knew him, immigrated him from the fijian islands living the american dream serving the community. he was on his way home wednesday before 1 a.m. when he responded to the report of a suspected drunk driver. authorities say there man seen here in surveillance video was behind the wheel. according to the sheriff, after singh pulled the man over he opened fire and a gunfight followed. the last radio transmission was shots fired. i've been hit. sadly, corporal singh died and the suspect took off. tips led to the discovery of the truck at a nearby trailer park last night but no suspect. authorities believe he was staying there and that he was in this country illegally. tonight even though law enforcement says they have identified him he is still on the loose. >> we are actively pursuing every investigative lead. we have spared no expense. we have multiple teams out following up every lead and we will relentlessly continue to

hunt our suspect down and bring him to justice. >> reporter: this memorial outside the police department continues to grow, many coming to honor corporal ronil singh. the police force only 12 strong and many in this area say they need to support them. reporting in newman, rachel wolf, kpix5. developing in the south bay the san jose police chief is defending his officers even though he admits they chased the wrong car and killed the driver. on christmas morning two victims were found with gunshot wounds in east san jose. police say that a witness pointed officers to a white car as the suspect's vehicle, but when officers tried to pull it over, the driver led them on a high speed chase and at one point officers say the driver tried to run them over. police opened fire and killed 24-year-old jennifer vasquez. turns out police went after the wrong car. >> i stopped short of the mistaken identity type of issue. no, they weren't the suspects in the shooting, but also had

they not been in a stolen vehicle, had they not led police officers in a high speed pursuit, had they not tried to ram officers cars, we wouldn't be here today. >> police say vasquez was driving that stolen vehicle and had been arrested previously for stealing a car leading officers on a chase. her parents are calling this an unjustified murder. translator: it shouldn't have happened the way it did in the manner it was resolved even if it was a mistaken identity. the way that it was dealt with wasn't right. >> the vasquez family met with police this afternoon before holding a vigil. they are demanding a federal investigation. the search is on for an escaped inmate from san quentin who may have committed another crime while on the lam. emily turner picks up the trail. >> reporter: the whole saga started almost 24 hours from this moment right now and that inmate is still on the loose. here's what we know about the timeline of his escape. san quentin is the state's

oldest prison that houses some of the state's worst offenders and tonight it's short one inmate. this is 21-year-old shalom mendoza. he's on the loose. police believe he carjacked a woman in his escape. >> i'm just surprised somebody walked out of san quentin. that's like a high max prison. 5:55 p.m. yesterday is when mendoza was last accounted for as part of a work crew at the prison. then at 9:17 p.m. just 1 mile away from san quentin san rafael police responded to a carjacking in the home depot parking lot. at 9:35 after an official jail count mendoza is reported missing. police can't say definitively he's the carjacking suspect, but they did find his prison jumpsuit nearby. >> the description given by the victim and what was provided by san quentin were almost identical and so that was an investigative lead that we are currently following up on as we speak right now. >> reporter: mendoza was

serving a five-year sentence out of los angeles county. he was convicted of using a deadly weapon during a carjacking and evading a police officer while driving recklessly. if mendoza is, in fact, in a car, he may have left the area and headed south in a silver rav4 with the plate 6stz502. if he's still on foot, police say he could still be in the area, but wherever he may be they say considering him armed and dangerous. >> if they happen to see the inmate or the vehicle in this particular case, that they immediately call 911. keep their distance and be a good witness. >> reporter: police describe this man as being 5' 5, about 177 pounds. he's got brown hair, brown eyes and pretty distinctive tattoos around his face and neck. if you see him or see that silver rav4, police say call them immediately. in marin county, emily turner, kpix5. criminal proceedings are on hold for now against the man

charged in a deadly b.a.r.t. stabbing. john cowell's attorney had testified that his client suffers from extreme dilutions and paronoia. now the judge is calling for two court-appointed psychiatrists to evaluate him. they'll submit their findings when cowell returns to court in february. cowell is charged with slashing the throat of 18-year-old nia wilson as she stepped off the train at the macarthur b.a.r.t. station in july. the two did not know each other. as for our weather, if you've been outside, you know it. the wind was blowing today and it could start picking up again this evening. most of the day there were white caps surrounding the san mateo bridge. things have calmed down a little bit, but the concern tonight, the wind picks up, trees could start coming down because the ground is so saturated. coming up in a moment, the danger sign to watch for. but first chief meteorologist paul deanno is with us watching those winds and what's coming tonight. >> we do have a slight increase in winds right now in the urban locations. the big concern is the hills because as you go up in elevation, there's less

friction. so those winds can double in speed. look at the winds around the urban core. it was a windy day. were you out there making your returns at your favorite mall? hope you had a jacket. didn't feel like 60 degrees outside. 30 mile-per-hour peak wind gusts in alameda, san carlos and crissy field in san francisco. the strongest wind information napa, 37 miles per hour, 29 in concord, 28 in san jose. it is the hills that are under the wind advisory. anywhere above 1,000 feet in elevation, winds sustained this evening 20 to 30 miles per hour with higher gusts. we've already seen wind gusts 45 to 55 miles per hour and the opportunity for winds that strong will continue until about 4 a.m. tomorrow, so several more hours to go. your new year's eve forecast first as we fast forward to monday night into tuesday it, will not be windy or raining or foggy. so for your viewing pleasure the fireworks forecast is fantastic with temperatures all around the bay area in the mid- to upper 40s. talk about wind, that wind will leave. your weekend forecast and if there's rain in the seven-day coming up in a few minutes.

>> thanks, paul. kpix5's don ford is live at grizzly peak in the berkeley hills with more on this wind advisory. don, what is it like right now? >> reporter: well, i'm at the 1,600-foot elevation off grizzly peak boulevard. it's chilly, but this is the spot, the elevation that the national weather service said in a few hours is going to get whopped. the winds have started to build, trees bending to the gust. the national weather service is predicting later this evening those wind gusts could reach 55 miles per hour at higher elevations. earlier this week we had heavy rains leaving the ground soft in many places. this combination has tree experts concerned. >> it just makes the situation much worse and, you know, like i said, trees could come down at any point. >> reporter: mr. gaitan said there are some signs you can

see when your tree is in trouble. what warning signs that it might be coming down? >> mushrooms, mushrooms. >> reporter: mushrooms? >> absolutely. mushrooms, they usually grow on dead wood. >> reporter: like dead roots. >> dead roots. >> reporter: even with the winds getting stronger this afternoon, visitors enjoyed the grizzly peak view. >> i'm from buffalo, minnesota, and if you have wind in minnesota this time of year, you can get frostbite. >> reporter: that didn't happen today. >> not here, no. >> reporter: well, no one is getting any frostbite here any time soon and throughout the day running around i didn't see any trees that fell yet, but if they do, i'll be here to get them. back to you. >> don, sounds good. thank you. speaking of mushrooms, santa clara county district attorney suing one of the nation's largest mushroom growers for illegal dumping. the $67 million lawsuit is

against monterey mushrooms, incorporated. it accuses that company of pumping wastewater containing toxic levels of ammonia from its holding pond and holding tanks in morgan hill into fisher creek. fisher creek flows into coyote creek which then flows into san francisco bay. the d.a. says the illegal dumping started in early 2016 and continued into spring of 2017. the lawsuit alleges the company did it in order to save money. we did reach out to the company, but we have not received a comment yet. authorities in arizona say a bay area teenager plunged to her death it off a popular tourist overlook. the 14-year-old and her family from san jose were visiting horseshoe bend in arizona on christmas eve. that's a few miles outside of grand canyon national park. her family reported her missing at 4 p.m. monday. officials found her body christmas morning 700 feet below the horseshoe bend overlook. officials believe it was an accident. stock market seesaw coming

up, what led to a nearly 1,000 point swing on wall street today. >> plus day six of the government shutdown, the deadline one democrat has set to take action. >> serena williams scores a victory for mothers, the new rules for professional tennis. >> and taking camping to new heights right in the middle of san jose, what these guys are hoping to win.

day six of the government shutdown. >> the trump administration's prediction that it may last into the new year seems closer to becoming reality. a live look at the white house, the lights are still on there. today lawmakers in both houses did reconvene. cbs reporter natalie brand on the deadline one democrat has set. >> reporter: the senate and house gaveled in nurse as expected before ending their session after just minutes. >> the senate stands adjourned. >> reporter: cbs news spoke with republican congressman mark meadows who said the two sides are not talking. >> there's no talk at the principal level. chuck schumer and nancy pelosi to my knowledge are not engaged. >> reporter: president donald trump is back from his surprise visit to troops in germany and iraq where he bashed democrats over the partial government shutdown. >> the democrats all agree that you need a wall until i wanted it. >> reporter: he fired off several tweets demanding funding for his border wall in

exchange for reopening the government. democratic lawmakers responded with tweets throughout the day accusing the president of using federal workers as bargaining chips. before leaving for the holiday break the senate decided it would not vote on legislation until a deal could be reached to end the shutdown. >> reporter: can it be resolved in this congress? >> it can be. i'm doubtful it will be. >> if republicans don't act before january 3rd, then on january 3rd democrats need to bring forward a resolution to fund the government and reopen the government. >> reporter: with no end in sight some cities are taking matters into their own hands. in philadelphia a tourism group is putting up the money to reopen independence hall and the liberty bell centre this weekend for an estimated 25,000 people hoping to visit the national park site. natalie brand, cbs news, capitol hill. another crazy day on wall street today. we are talking a nearly 1,000

point swing. the dow closed up 260 points for a gain of about 1.1%. earlier, though, the dow was down more than 600 points. that was midafternoon, but then bounced back in a huge closing rally. investors are dealing with a lot of uncertainty in the markets including whether interest rate hikes and a trade war with china will hurt economic growth. on top of that, the government shutdown may block the release of key economic data. marijuana has been legal for a year now, but the public banks still don't want in. the new report out this evening claims it's just too risky. reporter lanore abrams tells us what it means for the pot industry. >> reporter: a state run bank for cannabis is too financially risky this report says. >> when they're looking at risk, they aren't primarily concerned about the fact it's banking an illegal substance. >> reporter: the report's author saying there are other

factors involved. first a bank would be at risk of criminal or silver liability under federal drug and banking laws. second, the rapidly growing industry is too high risk for banks even if it were legal. third, penalties would be too severe. so what's the consulting company's recommended alternative? lobbying for legislative change on the federal level. that's one of the goals behind the cannabis goals working group which is trying to find a solution to address the state/federal conflict. >> i think there is obviously a lack of experience within the public sector when it comes to banking and financial institutions. >> reporter: and the outgoing state treasurer john chiang reiterated that saying the federal government must remove cannabis from its official list of banned substances. a live look at san jose, a campout is underway downtown right now high atop a billboard 45 feet up. four die hard college football

fans are camping out days ahead of the national championship game at levi stadium january 7th. they're part of an espn contest. the fans represent the four teams vying for the title, clemson, notre dame, alabama and oklahoma. the billboard is 40 feet long, 8 feet wide. each person gets a tent and sleeping bag plus three meals a day. there's a bathroom and shower underneath the billboard. the fans of the two final teams will get tickets to the championship game. serena williams is backing new rules to help other tennis players who want to have children. she's supporting changes made by the women's tennis association under which a player's ranking would freeze if they suffer an injury, an illness or if they get pregnant. the new rules would take effect in 2019. williams says the move could encourage players to take career breaks earlier than she did in order to have kids. the 37-year-old gave birth to her daughter last year. williams returned in march but lost her no.

1 ranking. she is currently no. 16 in the world. an instagram test had some users doing a double take this morning, didn't like it either. normally users view their instagram feeds by scrolling down through posts of people they follow, but in the tested format you had to swipe and then tap through your feed. it didn't sit well with some users. they quickly hit twitter with posts complaining about the unexpected change. the head of instagram says it was a small test that went broader than expected and not as well either. he's telling users don't worry. it's all back to normal now. you may be headed out to return some less than perfect holiday gifts, but it's important to know a store's policy to take the stress out of the process. many retailers will only let you return a gift until the first or second week of january and some companies won't take back an item if it was on sale, but other stores have extended their return period to give you more time. stores with the most lenient policies include nordstrom,

l.l. bean, zappo's and kohl's. >> nordstrom has a very generous policy. in fact, they don't even have a return policy. they say they take it on a case by case basis, but it's an unlimited return window meaning any time you buy it can be returned and they don't require a receipt. >> when it comes to online retailers, items shipped by amazon between november 1st and december 31st can be returned until january 31st. if you're returning to a brick and mortar store, make sure you bring the gift receipt if you were given one. if not, expect a store credit or refund for the lowest sale price. >> i don't know how she did it, but my grandmother could return a 10-year-old used toaster and get full price back, genius. here's a look outside. we have clear skies. look at that view from the top of the salesforce tower to the top of mount diablo. dew points are down. it will be chilly. we'll talk more about the wind and what you can expect in 2019 coming up. >> also how huge bolts of

lightning spoiled the fun for thousands of college football fans and players.

lots of folks coming into the city from the north bay, but look at this new video to show you, a lightning strike caught on camera. this happened in texas. severe lightning also forced the first responders bowl to be canceled in dallas, a little too dangerous for fans and players yesterday. >> amazing images. >> dallas can get thunderstorms any time. their storm season is any month on the calendar. that's what they can get. around here we only average two days of lightning a year,which is the least stormy big city in the country.

these are your current temperatures outside. got to hand it to mother nature with another amazing sunset. we'll gain daylight every day now until the first day of summer. oakland 60 degrees, san francisco 57. we are cooling off. the winds hit their peak early this afternoon. it will stay breezy, but the strongest winds have passed. 10 miles per hour in san jose, 16 miles per hour in berkeley, antioch 21 miles per hour, still windy, and 16 miles per hour in vallejo. with the breeze tonight it's not going to get as cold as it would if the wind was calm, but it will be plenty cold in concord, livermore, san jose 37, santa rosa down to 33, even vallejo 40, redwood city 38 degrees. san ramon is our microclimate forecast stop for today and tomorrow seasonal temperatures, a cold start, 57 with sunshine, less wind tomorrow, sunny and brisk saturday, high of 55. are you running out of time to

do the ice skating thing with your family. san jose upper 50s. san francisco, great stop is the embarcadero center, kpix5 a proud sponsor, cool with mid- 50s. we have a ridge of high pressure way off to our south and west. we had a low pressure area which was pretty strong slide down over nevada and utah. the combination of these two gave us the strong north to northwest winds today. until this low peels out which will be tomorrow morning things will stay breezy this evening and overnight, but when it comes to cloud cover, we won't see much the next couple days. we'll roll through futurecast and keep going until we get clouds. tomorrow morning, tomorrow afternoon, saturday it's not the time. we're talking sunday when another weak front moves through. one more reminder, monday night new year's eve, the closest precipitation? salt lake city, no rain around here as we end 2018 monday night. brisk and breezy tonight, sunny

and mild tomorrow, pretty chilly tomorrow night, near freezing in our inland valleys and the mainly dry pattern holds the next five to seven days. upper 50s tomorrow, fremont and vallejo 58, santa rosa and napa sunshine, less wind, 60 degrees, a little cloudier sunday and really that's about it. we're talking sunshine across the board with chilly nights and mild afternoons, 50s and 60s through next thursday. that is your kpix5 forecast. >> sounds good, paul, thanks. the cbs evening news is up next. >> we've got james brown filling in for jeff glor tonight. >> hello. here's a look at some of the stories we're working on. the latest on the manhunt for a gunman who killed a california police officer. >> plus border chaos escalates as concerns grow about the health of young detainees. >> and how an american explorer took on antarctica and triumphed tonight on the cbs evening news. who do you admire more,

michelle obama or hillary clinton? the first lady showdown next.

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coming up at 6:00 it was supposed to be a tax windfall for california, but one year in the promises of legalized pot seem more like a pipe dream. we'll explain what's blocking the cash flow. >> and new trouble for pg&e tonight, after an explosion sent a worker to the hospital and left a bay area neighborhood in the dark, those stories and much more coming up in 30 minutes on kpix5 news at 6:00. who do you think is the most admired woman in america? >> according to a new gallup poll it is former first lady michelle obama. she ends the run held by another former first lady hillary clinton. clinton held the top spot for 15 years. michelle obama finished second to her three times before. thanks so much for watching at 5:00. >> veronica, paul, vern and i

are back in about 30 minutes. >> see you then. captioning sponsored by cbs >> brown: on the cbs evening news this thursday, the hunt for a suspected cop killer officials say is in the country illegally. homeland security secretary heads to the border to review her agency's treatment of migrants. and a boy's million-dollar mission to help his sister. all that starting with the headlines in 60 seconds. >> a manhunt for a cop killer in california continues. >> the sheriff says the gunman is in the country illegally. >> we will find him. we will arrest him. and we will bring him to justice. >> the partial government shutdown now in its sixth day with no deal in sight. >> congress briefly reconvened before adjourning.