>> reporter: it was to: 30 in the morning in mountain view and police officers had a neighborhood surrounded. the palo alto police officer and his k-9 were about to enter a side gate and search of backyard. the k-9 stays clamped on the man's leg for about 45 seconds. the officers then look through the man's wallet. >> does he live here? >> that's when he realized they had the wrong guy. >> it is not him. >> at this point they uncovered joel and get him medical help. he limps to the patrol car as officers explain what happened. >> we are looking for a kidnapper around here. so when we found you hiding in the shed we thought it might be

you. >> that is the most pain i've ever felt in my life. >> reporter: joel said he worked a long day and fell asleep in the backyard and thinks the bite may have damaged the nerve in his leg. he now walks with a slight limp and is not sure if you will be able to go back to work in construction. >> i'm mad, big time. it's not right. >> the family actually granted the officers permission to check the backyard. >> did you hear the officers saying hey, come out. >> we did not hear that. >> reporter: the security analyst says it's common for officers entering the property to announce themselves. >> you want to give a person an opportunity to answer the door and say i give up. but we don't know whether this person would have responded to an announcement or not.

>> the man has filed a claim against the city of palo alto, what has the city told you today. >> reporter: he filed his claims last year citing emotional distress, loss of earnings and other punitive damages, the city of palo alto has denied both of those claims another next likely step will be some sort of action with the court. now to a live look at san jose where the new police chief is defending several controversies surrounding his tenure as a cop. devin fehely with the backlash behind his appointment. >> i was involved in an incident 22 years ago resulting in the death of a man. it was an event that changed my life. >> reporter: the chief address the multiple controversy swirling about his selection about the city's top club including a deadly officer involved shooting, something

critics say should have made the city think twice before hiring him. >> no one disputes the fact that he killed a man, that is disqualifying out of the gate for the chief of police. >> reporter: in 1989 he shot and killed arabber suspect that he followed from san jose to salinas. what he thought was a weapon turned out to be a pair of sunglasses. despite the shooting they still say he is a man to restore the city. >> he protects and serves the entire community regardless of their status, gender or ethnicity. he is here to serve and protect them. >> reporter: chief mata is a 25 year veteran of the san jose police department, one of three candidates that were finalists for the job. you have been presented as a potential reformer of change. is that a row you can

effectively assume as someone who can rightly be considered an insider? >> we are always open to improve our due processes, and yes, i've been part of the change to make the department better. >> reporter: mata's candidacy was nearly derailed when a former transgender officer wrote the city saying he didn't support her transition and feared he would create a culture hostile to other lgbtq officers. >> time will tell. and the community will know. >> certainly some pretty weighty stuff for a new chief. but what did the city council say about his handling of ings, also his vetting process? >> reporter: first of all i want to make something abundantly clear, he was never charged criminally with that shooting 22 years ago. he was cleared of any wrongdoing. the city attorney's office says they did launch an investigation into those allegations that he showed bias towards members of the lgbtq

community. they said they were not able to substantiate those allegations that all these controversies will form the backdrop against which is time as police chief will be measured and he's likely to face added scrutiny as a consequence. >> we brought you the new police chiefs address live today on cbsn bay area and be sure to download the kpix 5 app to stream the news anytime. this evening, a call for bay area leaders and police to put a stop to attacks on the asian community. one of the latest attacks happening on monday on market street in san francisco. danny chang told us he was walking back to work from lunch when someone attacked him unprovoked. despite hate crimes to cleaning overall, crimes against asians wrote more than 150% in 2020. in january and 91-year-old man was shoved into the ground in chinatown and an assault killed

a 94-year-old. another assault left a 75-year- old dead in oakland last week. >> it is not just the incredible violence in the number of incidents, but help racism has manifested itself in so many ways. at this point, thoughts and prayers are not enough. we need action, leadership and someone who truly understands our community. >> state assemblyman david chu now calling on drastic changes. they want legislation for restorative justice programs. and mayor london breed asking police to step up patrols in areas with a higher number of asian residents and says more long-term efforts will be announced soon. >> i wanted to make it clear that we will not tolerate it. san francisco will continue to support and uplift our asian community. at the beginning of this endemic, the xenophobia and

discrimination against our asian community has been horrible. >> coming up all new at 6:00, dennis o scene in san francisco after an elderly asian woman fended off an attacker. more on that at 6:00. developing in atlanta, the suspect in a deadly shooting spree at several spas is now charged with eight counts of murder. nearly all of the victims were asian but the suspect told police that wasn't the reason for the attack. the suspect who shot and killed eight people at three atlanta area spas has told investigators that he was not motivated by race. >> he made indicators that he has some issues, potentially sexual addiction, and may have frequented some of these places in the past.

>> paul: 21-year-old robert lawn was taken into custody after a manhunt and police used surveillance footage to identify him and were able to track his phone. >> he claims it was not racially motivated and sees these locations as something that allows him to go to these laces and it's it temptation for him he wanted to eliminate. >> seven of them is are women, six are asian. and a day later they are still a two crime scenes in atlanta, gathering evidence and talking to witnesses. and a woman that works nearby that she knew some of the victims. >> they are really nice girls and they do great sizes. >> these killings come during a wave of nationwide attacks targeting asian americans. vice president kamala harris is speaking out about the incidents in atlanta and other recent attacks.

she says that hate crimes are unacceptable. >> we are not yet clear about the motive, but i do want to say to our asian-american community, that we stand with you and understand how this has framed, shocked and outraged all people. knowingly increasing level of hate crimes on asian americans, as brothers and sisters we also want to speak up in solidarity with them and acknowledge that none of us should ever be silent in the face of hate. >> they are waiting for more information on the incident but calls it very troubling. developing news, a strong police presence outside the vice president's official residence after officers attained a texas man who had a rifle and ammunition. paul murray was first detained by the secret service then arrested by washington police. vice president harris and her

husband have not yet moved into the home because it is still undergoing repairs. starting tomorrow in dublin, the school district will begin the process of reopening classrooms for hybrid, in person section. grades set to return include preschool, kindergarten, first through third grade will be able to return next monday followed by fourth and fifth grade next thursday. they have also set a target date of march 29th for middle and high school. some families chose not to be a part of the hybrid in person instruction and will remain in distance learning for the rest of the school year. to our weather now, the clouds are back, here's a live look from our mark hopkins hotel camera. paul heggen joining us now. >> the heart of that system is still out over the pacific. this is a big storm system and some of the outer edges of the moisture are already trying to

make their way onto the coast. but it has all evaporated before reaching ground level. so no worries about getting what if you're headed out for a walk or run. the best chance of rain will hold off until well after midnight with the shower change is increasing just in time for the morning rush hour. this will be like ranger activity for the first half of the day, more widespread and heavier by thursday afternoon. we will track that coming up in just a few minutes. still ahead on kpix 5 and streaming on cbsn bay area, it is a happy st. patrick's day for bars and san mateo county. we take a look at the risks of reopening on one of the busiest nights of the year. and a stowaway busted again, how police say she was caught trying to sneak past airport security. americans will get more time to file their taxes this year, but there is

i'm made to move. but these days, i'm not getting out as much as i'd like to. that's why i take osteo bi-flex. it helps with occasional joint stiffness, while it nourishes and strengthens my joints for the long term. osteo bi-flex. because i'm made to move.

two jurors have been dismissed in the trial of derek chauvin, the former minneapolis police officer that is accused in the death of george floyd. the judge dismissed the jurors after they heard the news about the $27 million settlement between lloyd's family and the city of minneapolis. the judge is also considering a request by the defense to delay the trial. the woman nicknamed the cereal stowaway has struck again. she was arrested in chicago's o'hare airport yesterday. officials say they tracked her monitoring ankle bracelet after she escaped from a nonprofit facility where she was living. she has been arrested 22 times for either taking airline flights are trying to pass through airport security without a ticket. the first documented attempt was in 2014 at sfo. california has now passed the 13 million mark for covid vaccinations given. but a more infectious strain of the coronavirus found in our

state may reduce the efficacy of the vaccines and therapeutics. the cdc has labeled it a variant of concern. the strains were first identified in the uk, south africa and brazil. taking a live look at the white house, president biden and the irish prime minister discussed the pandemic during their virtual st. patrick's meeting. >> we have a robust agenda from combating covid to strengthening global health security. >> the department of health and human services announced plans to distribute $10 billion to support coronavirus testing in schools. meanwhile, dr. anthony fauci had a virtual committee about vaccinations for young people. >> for high school students, it looks like they will be able to get vaccinated in the beginning of the fall. >> he estimates elementary school children can get vaccinations in early 2022. taking a live look at

capitol hill, where homeland security testified before congress as thousands of migrants arrive at the nation's southern border. >> do you agree that we have a crisis on the southern border? yes or no. >> congressman, we have a very serious challenge and we have a plan to address it. >> paul: the secretary testified that most adults and families are being turned away under a pandemic related health rule. but now some children are arriving alone. cbs news has learned that there are more than 13,000 children in u.s. custody. >> we are addressing the number while we rebuild our capabilities from scratch. while we rebuild pathways that the law provides. >> the administration scrambling to open new sites to house the children including the convention center in dallas area it will serve as an

emergency shelter for thousands of teenage boys. moffett field and mountain view may also be used as a temporary overflow shelter. they are assessing the vacant property but more than 50 people protested the move on monday. you have a little more time to file your taxes this year. congressional sourcestelling cbs news that the new deadline is may 17th. the irs is giving americans more time because the pandemic may taxes a little more complicated for some. the agency is also busy still processing 2020 tax returns and sending out the new round of stimulus checks area but you've got to keep in mind, state taxes are still due april 15th. the stocks closed higher today, the nasdaq is up 53 and the s&p is up 11. investors like the news that the federal reserve expects the key interest rate to state near zero through 2023.

the announcement eased fears about the potential of inflation. police have identified two men missing after a large explosion in southern california. the blast existed mostly of commercial grade fireworks. two people were found dead in the debris, but officers say a 38-year-old and 28-year-old have been reported missing. three others were injured in the blast which sent debris flying across at least 80 properties. >> it through me against the wall. i had the wall very hard. i got the kids and they just covered themselves. >> investigators say they can't yet determine the exact cause because the area is still not safe. police first must clear any unexploded items. until then, dozens of homes will remain evacuated. a tornado outbreak hitting much of the southeast.

you can see one tearing through alabama. the storm prediction center issued a rare high risk level warning, a five out of five buried the last time was 10 years ago that happenedthreat i continue through tomorrow. but still, wild weather going on in the south. >> we will start with that and then focus on our rain chances over the next 24 hours. this is a powerful storm system bringing all this severe weather to the deep south, tornado warnings, flood warnings and flash flood warnings. they are in for a long 24 to 36 hours, and we will get some rain, mercifully, which we definitely need. we are running at about 40% of where we should be at this point in the rainy season. the rain that weekend tomorrow will not erase the rainfall deficit, but if we can just

improve by a little bit, we will take it. clouds increasing over the bay area, with some trying to fall, but it's evaporating long before it hits the ground. so let's switch over to futurecast. showers are starting to approach the coast as we had passed midnight. with showers likely as we had through the drivetime hours on thursday. but this will be light activity, we will be tracking some locally heavy rain trying to make its way into the area by thursday. the heaviest and most widespread rain will sweep in as we go through the afternoon and evening hours. i don't think it will be heavy or fall long enough to cause any major issues. but we will keep an eye on it just in case and it will be

moving off to the east after the sun goes down tomorrow evening. largely we will be drying out, with just a slight chance of lingering showers far north, in the north bay and maybe a few in the east bay and santa clara valley. friday looks mostly dry. we are talking about quarter inch to half an inch of rain, which is nice, it is not nothing, with close to three quarters of an inch for the north bay and a little more than that on top of some of the higher peaks, where you can pick up more than one inch total accumulation. this is the less chance of rain we will see for a while, we've taken the chance of rain out of the forecast for monday, so without any additional rain chances, the pollen count will go from a lot better tomorrow to not as great on friday, worse on a saturday and then skyhigh the second half of the weekend. right now, plenty of cloud cover but not enough sunshine

filtering through. not much variation to the temperatures, everyone is in the low to mid 50s, everybody will bottom out tonight in the 40s, most of us mid to upper 40s to start the day on thursday, with those hit or miss showers to start the day. upper 50s around the bay, mid- 50s along the coast with mostly mid-60s for the east bay and santa clara valley. but only mid-50s for the north bay because the heavier rain will move in. temperatures will warm up a little on friday as we shake those early morning showers, and again, a chance of early morning showers into the afternoon. we were matt moore further weekend, feeling more like spring for next week. mid to upper 60s by wednesday, with 70s inland, but the good chance of rain is on its way

this evening, i will have an updated look coming up at 5:30. coming up, along year of waiting for disneyland fans, we now finally have a reopening date and some changes you should know about. i'm in sunnyvale where some neighbors have been waving at cars for a year. >> it's don't miss out on floor and decor's grand opening in pleasant hill! comfortably shop our wide aisles and be amazed with our even wider selection. discover the perfect floor at the perfect price in whatever way is perfect for you. explore floor and decor's newest east bay area location march 18th.

this unplugged device is protecting our beautiful coastlines and more. put off chores and use less energy from 4 to 9 pm to help keep our state golden.

the date is set for the reopening of disneyland and california adventure, april 30th. all theme parks across the state have been closed for the past year. but under new state guidance they can begin reopening next month. the shutdown led disney to layoff tens of thousands of workers. once the parks reopen masks and social distancing will be required and they will operate at around 15% to start. the hotel in san jose is on

the path forward to avoid bankruptcy. a bankruptcy judge approved the hotels plans for short-term financing. they have also reportedly started looking to strike a deal with the hotel operator that can provide at least $45 million in capital. the hotels at our march 5th and hope to reopen by may or june. the trial of armour ceo elizabeth holmes is being pushed back to august 31st following her surprise pregnancy announcement ricci is expected to give birth in july and faces a dozen felony fraud charges over her silicon valley startup which promised to be a game changer in healthcare. the 2018 investigation expose the unproven technology. if convicted, she faces up to 20 years in prison. coming up, i'm andria borba in south san francisco where san mateo county moving into

the orange tier has bar owners saying pinch me, i'm open. and an unthinkable theft, caught on camera stealing from a shrine. it started with some bay area rivers trying to connect, how a simple act grew into a year-long event. >> we can't go out to dinner or anything, here we have a social

like, seeing my mom. it's unthinkable to me that i can't see her and i can't hug her. not being able to hug is just like somebody has to tie me down. touching someone to say i love you, to hug you... those are the things that i miss. ♪

♪

you're watching kpix 5 news at 5:30. new charges just announce for the woman police say stole a you uber drivers phone and pulled off the mess. she's now charged with assault and battery, as well as health code violations. this video shows her and two other women arguing with the driver in san francisco. one of the other women was arrested in las vegas and is being extradited to san francisco. king is accused of spring the driver in the face with pepper spray. a delivery driver caught on camera stealing from a shrine. the suspect struck more than once. and our top story, the bars are open just in time for st.

patrick's day,we