yesterday afternoon a black honda accord made an illegal right-hand turn against a red light. a chp officer flashed his lights and a chase ensued. it passed the san jose state campus and ended less than a mile away where the driver ran a red light and smashed into this car carrying a family of four. the chp tells us this evening they are currently investigating the officer's decision but it's too soon to tell if he violated policies or procedure. while they can't provide specifics about their policy like maximum speed or time of day regulation, chp sergeant trent cross says officers are trained every three months on the pursuit policy and that a chase typically ends after a mile or a minute and it can be called off at any time by an officer or a supervisor. >> it's going to be at the officer's discretion so i'm not sure what the traffic environment was like at the time or what the traffic conditions were either because that's going to be based upon what the officer observed at

the time. but what i can say is that there is the totality of the circumstances involved and which type of violation is there, we are going to consider the traffic conditions as well as the suspect's driving behavior because the most important thing for us is public safety as well as the safety of the violator and the safety of the officer. >> reporter: the suspect was wanted on a parole violation and is now in custody charged with felony evasion, felony hit- and-run and parole violation. but now that the 15-year-old girl has died, new charges may be added. this investigation is now turned over to the san jose pd, although they say at this point they still can't tell us how fast the cars were traveling. >> the car the 15-year-old was in there were others in that car? >> reporter: there were three others in that car. her two younger siblings who were in the back seat and they are still in the hospital. her mother was driving and she is okay. >> julie watts in san jose,

thank you. right now, we are told the coast guard is searching for a person whose boat capsized near point reyes. search crews pulled two other people from the water. those people were unconscious not clear if they are okay. search crews did spot a third person in the water but apparently the size of the waves are too big making it hard to get to that person. we'll keep you updated. we have just learned when former police officer officer johannes mehserle will be sentenced. he was to be sentenced on august 6 for shooting oscar grant. the judge now scheduled sentencing for november 5 so that motions can be heard in the case. a rally in support of mehserle also apparently in the works. according to organizers on facebook it will be held monday at 2 p.m. at the walnut creek courthouse. all he wanted was a lottery ticket but a man who walked into a convenience store in san jose ended up getting beaten up

by police. as len ramirez reports, wasn't the man officers were looking out. >> reporter: the stop and save market is a typical neighborhood convenience store at capital and silver creek in san jose. last friday a 23-year-old neighbor named henry amedure walked in to buy a lottery scratcher hoping for good fortune. it wasn't to be. he didn't have the kind of scratcher amedure wanted. >> he didn't buy a lottery ticket but he said i want different kind of ticket. he leave it. >> reporter: but mr. amedure's bad luck was just beginning because as soon's walked out of the store, he was somehow caught newspaper a major undercover drug sting being conducted in this area by san jose police. amedure says that several officers came up from behind him. they tackled him and held him on the ground. they put handcuffs on him and amedure says that while he was down, one officer even kicked him in the face creating a gash that required 8 stitches to close. after the cops realized that they had arrested the wrong

guy, a sergeant came up, according to amedure, apologized took the handcuffs off him and wiped the blood from his face. at least part of the incident was caught on tape by strip mall security cameras. but police have not yet released the video. they are investigating this apparent case of mistaken identity and brutality. >> we acknowledge that, you know, an unfortunate set of circumstances that mr. amedure was -- found himself in and hopefully, with the investigation that our department is undertaking we'll find out exactly what occurred and as previously mentioned, we will take any necessary actions any steps necessary to make corrections or otherwise deal with the outcome of the investigation. >> reporter: mr. amedure wasn't available for comment today but his girlfriend told eyewitness news he was meeting with an attorney. in san jose, len ramirez, cbs 5. it is day 1 of the oakland police department doing more with less. 80 officers lost their jobs

yesterday after the police union and city leaders failed to reach a deal to save the jobs. phil matier is in oakland to show us how the department is coping this evening. phil. >> reporter: juliette, first off, what they have done is taken the officers out of the stations like this one at eastmont mall and put them in the squad cars to make sure that the patrol levels stay at the same levels they were last week. so when you're driving around oakland you won't see too much of a change. but if you are a victim of a crime, you may be in for a surprise. they called the police for a simple theft. we are not going to be able to investigate it and we can't afford to send an officer out there to take a report reporter: if you come home and your garage has been burglarized, the cops aren't coming out there? >> if there is no suspect information, no. >> reporter: that's the new reality. >> if i call the police, he want an officer. i don't want to go on the internet and put in a police report. >> reporter: instead, cops will concentrate on 911 calls and

crimes in progress. >> people need to realize that we responded last year to over 300,000 calls for service. we are not going to be able to do the same service with less officers. >> reporter: it also means fewer foot patrols or even no foot patrols for neighborhoods like the diamond district here. >> i'm not happy about it. >> reporter: the loss of street beat cops is particularly worrisome for chinatown, which was hit during last week's trashing. >> chinatown will have one officer assigned foot patrol. i don't know if it will be full time, though. >> reporter: and that has businessmen talking about hiring their own security for the neighborhood. >> we don't want to have any more damage to chinatown or throughout the city so that's a possibility that we are thinking of doing. >> reporter: that's only a short-term solution. there's also concern about what fewer cops will mean to oakland's high crime image. that worries chan and others, as well. >> business in general would drop at least 20%. normally you would see people walking here a lot more people. but now it's so quiet.

>> reporter: bottom line? >> this puts us back 2006, 2005 levels. >> reporter: you were on the street then. what was the crime level? >> we had a hire crime rate. we had a higher homicide rate. >> reporter: that is one thing oakland officials don't want to see repeated. but i have to tell you that even with these layoffs, oakland is not out of the woods yet and there is talk of more layoffs unless voters approve tax increases in november. >> thank you, phil matier in oakland. a group of former bay area autoworkers is now suing nummi and toyota. members of the group say they were discriminated against. the class action lawsuit filed today in oakland, the workers were laid off in april when nummi auto plant closed in fremont. now, because this group was on medical or disability leave at the time of the closing, they weren't eligible for the full severance package and they call that discrimination. >> nummi would tell us that we were a family and they would

say family first. when we got injured, they didn't treat us like family. they ostracized us. >> i was denied access and also the benefits that came along with finishing out the career and i was never told that they were going to close. >> nearly 300 workers were on disability at the time that plant shut down. he was left with thousands of dollars in damages after a fallen tree damaged his car. >> creative, but ridiculous. >> the three little words an insurance company used to try to get off the hook. how about some fresh eggs right out of your own backyard? where these hens are up for adoption. from nutritious to deep fried twinkies, funnel cakes, chocolate covered bacon? it's fair food but the food police want to make sure it's healthier this year. ,,,,,,,,,,,,,,

ho want to begin n students need not apply. san jose state has again decided not to accept applications for students who want to begin next spring. this is the second year in a row the college will not accept applications for the spring semester. if students want to go to the university, they will need to apply for next fall. the president says the school needs to conserve resources and is unable to admit additional

students midway through the year. free is a very good price at city college in city. students and teachers are volunteering to offer free workshops this summer. it's in response to statewide budget cuts that are slashing summer programs. the volunteers want to send a message to sacramento that funding for public education needs to increase. we wanted to try and provide some semblance of lessons for students here to, one, give them something for the summer and, two, to promote a sense of unity between the faculty, staff and students on campus and the administration. and then also to bring students together to continue more movements to keep a sustained action. >> reporter: you can sign up for several courses but hurry the last chance to take classes is august 4. an act of god. a phrase used primarily to describe severe natural disasters such as tornadoes,

hurricanes, floods. but what about a healthy tree falling over on a warm sunny day? as one man in the south bay found out, the term can be applied loosely. reporter: leonard wang lost his car. the only problem is, his 2009 acura tsx has sat in a body shop for the past month and a half. why? >> about $12,000 of dang was done on it when a tree fell on it at the doubletree hotel in san jose. >> reporter: a tree that once stood in this exact spot in the hotel parking lot. back in may the trunk of a 40- foot tree landed on a pickup truck next to his car. but as these pictures show his acura didn't escape unharmed. >> when i got here, there was doubletree employees out here comforting everyone, telling everyone that, you know, these kinds of things happen, that's what insurance is for. >> reporter: but shortly after, doubletree's accommodating attitude got checked out and he got the cold shoulder.

>> they were short and business like and got an indication that they probably were not looking to take responsibility for this. >> reporter: leonard later received a denial letter from the doubletree's insurance company, specialty risk services. it blamed the tree's fall on ground saturation from excessive rain and called the incident an act of god. >> creative but ridiculous. >> reporter: amy is a consumer advocate with the nonprofit, united policyholders. she says these vague act of god exclusions could be applied to almost any claim. >> you could characterize almost anything as an act of god depending on your religious beliefs and i haven't seen it as an exclusion in an insurance policy, and i don't think that it would pass muster if it were to be put in as an exclusion. >> reporter: leonard's insurer progressive agreed to pay for the repairs. but that still left him with a $1,000 deductible plus car rental expenses. leonard then contacted cbs 5

consumerwatch. initially hilton worldwide, the double tree's parent company, stood by the insurance company's findings denying financial responsibility. but after some discussion, hilton worldwide stepped up and agreed to pay saying, "although the situation was weather- related and an act of god, the doubletree san jose values its guests and has offered to pay mr. wang's deductible as a gesture of good will and hospitality." despite hilton's offer, leonard feels he should be compensated for his rental car costs and the diminished value of his car. generally, liability for tree damage falls on the property owner but that can be disputed if the owner can prove that the tree was properly maintained. if you have a consumer question or complaint, you can call our consumerwatch hotline at 1-888- 5-helps-u. i'm simon perez live at the marin county humane society. check out the new shipment of pets that came in up for adoption, really, no need to be chicken to adopt a chicken. all right.

hey, they called off the wedding but bristol palin and the father of her baby are back together again. wait until you hear what sarah palin has to say. sometimes when you talk to the computer it runs a little faster? i have been doing that with this one right here. i have been anxious to take a look at what day is going to pan out to be the hottest day here in the bay area. we'll pinpoint that location as eyewitness news continues right here on cbs 5. ,,,,,,,,,,,,,,

lot of people recommend raising ckyard chickens. if you are trying to eat local, really local, a lot of people recommend raising a couple of backyard chickens. welsh the folks at marin -- well, the folks at marin humane society say now's your chance. simon perez is in novato where dozens of hens are up for adoption. >> reporter: we were just talk, you have consumerwatch and we have healthwatch and i think we are going to start the 5:00 barnyard report. we are down here at the marin humane society as you said in the barnyard and this is a new shipment of pets that they have

up for adoption. all these chickens have been rehabilitated and are all ready to begin laying eggs in a backyard near you. reporter: in all, about 70 chickens flew the coop and landed in this barn. the marin humane society took in the avian egg layers because the farmer who had them couldn't care for them any longer. >> what we are seeing here is where the actual identification bands was originally placed when they were quite young. unfortunately, as the hens grew, the bands didn't grow to accommodate their growing size. so they became quite embedded and sometimes in some cases as far down as the bone. >> reporter: the move to marin doesn't seem to have ruffled their feathers much, although from the anxiety on the farm, some of them lost some feathers. the tail feathers will grow back. >> there's been times where we have been called to rescue hens from factory farms in very dismal conditions. they were not in a situation that was like that. >> reporter: there doesn't seem to be a pecking order among the

group and in fact, several have taken to laying eggs already. >> anybody that had their own chickens with eggs will tell you that compared to store bought, they are so much better so much fresher and more and more people are really tuning into that trend. >> reporter: i guess it's a good thing but as pets? do they fetch? what do they do? >> believe it or not, we actually have had chickens as therapy animals at the humane society visiting seniors and facilities and hospitals. they will sit on your lap. >> reporter: just like a kitten. [ "cash for clunkers" "cash for clunkers" ] >> reporter: or like a puppy. they are looking for a place to settle down and get a home. but there are some cities with laws against havin chickens in the backyard. you can't have them in the

house. you have to make sure your other pets are okay with chickens. they are $10 each and there are 70 here. >> there are three kids here so maybe bring a couple home? they don't fetch. all right. simon perez, thank you. name your first one henrietta! speaking of our feathered friends, british scientist say they have solved the age-old mystery of which came first, the chicken or the egg? researchers say it had to be the chicken. they say they have discovered a protein found only in a chicken's ovaries which essential for the formation of the incredible edible egg. hey, ro and i were talking about how beautiful it is out there like the sun and warm breeze and -- could we just bottle it? >> we were talking about it. we carpool today. we did a very green thing.

we headed due west to san francisco i said, just as forecasted. >> i said you are right. wall to wall sunshine. >> from the mount vaca cam it's currently 91 degrees. meanwhile heading to the beach where the air temperature stands in the low 60s and what is so odd about this? well, we don't have any low clouds or patchy fog at this hour. official sundown is at 8:32. we'll actually be able to see it. these are the current conditions. morgan hill 95 degrees. vacaville 94. concord is also sitting in the mid-90s and brentwood 93. but most notably the relative humidity is extremely dry currently at 20 and 24%. it will be an extremely dry day tomorrow, as well. if you are out and about out on this wednesday evening, temperatures 85 to 90 degrees, midway right there around the bay, in the 70s. and coastal temperatures in the 60s. we'll have pockets of clouds redeveloping, but for the most

part the coast is clear. marine layer is back off and it's actually thinning out, as well. so we will have some patchy clouds as you wake up tomorrow morning, but over all wall-to- wall sunshine. tonight overnight with the clouds confined to the coast, temperature-wise in the 50s. san jose's average high this time of the year is 85 so a seasonal day there up into the low 90s in livermore. mid-80s in santa rosa. the winds will be blowing out of the west and southwest and increasing a good 10 to 20 miles per hour. extended forecast calls for the warmest day of all on friday. clouds return over the weekend but temperatures remain in the 90s. and meanwhile we welcome all your pictures. we'll see the return of the fog this weekend. steve and ron, thank you for this photo. and we'll be right back after this. ,,,,,,,,,,,,

signal. airborne. beautiful. and strong. there to ensure the most powerful transmitter is you. rule the air. daily. [ woman ] my perfect summer is having everyone over. and having money leftover. [ female announcer ] safeway lets you have it all.

with thousands of everyday low prices you can always count on. and even more great deals when you use your club card. like breyers ice cream and popsicle novelties just $1.99. and safeway hot dog or hamburger buns, just 89 cents. [ man ] my perfect summer. [ woman ] perfectly priced. [ female announcer ] at safeway, that's our promise. that's ingredients for life. the california state fair kicked off today and governor arnold schwarzenegger there for the fun, the action. check him out getting very comfortable with that -- oh, that snake. in an effort to jump-start sales, food vendors are actually rolling out some new treats and some lower prices but not if you are counting calories. koula gianulias shows us what's being done to make sure your favorite fair foods are transfat-free. reporter: >> california is the first state in the nation to ban

artificial transfats. >> reporter: fair favorites like corn dogs, fish and chips and fried twinkies are the target of the food police. >> hello. >> how are you doing, sir? can i help you, sir? >> reporter: a team of 10 will inspect all 154 state fair food vendors to make sure they are transfat-free. >> when the inspector comes to check for artificial transfat for this particular oil -- three times likely to cause coronary heart disease. >> reporter: the state passed a new law banning transfat oil anywhere. >> fingers and lips will be less greasy but the taste is the same. >> reporter: as for those calories? >> we do think transfat in your food is not going to change the calorie content of the food. no. but it will make it a little more healthy. >> reporter: one of the most popular fair foods the fried twinkie is exempt from this new law. baked goods including the twinkie and doughnuts have a one-year extension to comply.

in sacramento, koula gianulias, cbs 5. >> i'm going to wait a year to go for the healthy stuff. inspectors will check the oil every day and how about some new fair items for you? chocolate covered scorpions, grilled frog kabobs and chocolate-covered bacon. state fairs at cal expo through august 1. we'll be right back.

again. and it's without the blessing of their parents. the couple told "us bristol palin and levi johnston are back together again without the blessing of their parents. the couple told "us weekly" magazine they got engaged again two weeks ago. bristol said she reconnected with the father of her son while they worked out a custody plan. so what does sarah palin have to say? she said "we obviously want what's best for our children. bristol believes in redemption and forgiveness to a degree most of us struggle to put in practice in our daily lives." >> apparently no wedding date has been set but the couple is hoping for some time next month b