says the officer involved will not face criminal charges. good evening. thank you for joining us. i'm dan ashley and i'm ama daetz. >> the doj report was released today. abc seven news reporter melanie woodrow has been following this story since it began and is in the newsroom now with the very latest melanie. >> dan and ama, the ag's office

took over this case in may of 2021 after solano county district attorney krishna abrams recused herself from the case. monteiro says family had a meeting with the ag and others today. they were brought there not knowing the outcome of this case or the investigation, and then told on the spot. in june of 2020, vallejo police officer jared tan shot and killed montrose from the back seat of an unmarked police vehicle firing through the windshield. monterrosa was outside a walgreens where there had been a looting in the wake of george floyd's killing at the time, police said monterrosa had been running towards a car, but suddenly stopped taking a kneeling position and that as he raised his hands, he revealed something in his sweatshirt pocket. it turned out to be a hammer. according to the ag's office. there was insufficient evidence to prove beyond a reasonable doubt that the officer did not act in self defense or in defense of his partner. officers this afternoon i spoke with the attorney for the monterrosa family. >> it is extremely disappointing that they've decided not to move forward with criminal charges. we believe that there is more

than sufficient evidence uh- not only in our civil case that runs along parallel lines, but enough evidence to bring criminal charges against jared tan. and, uh, we're looking forward, uh, to a review at the federal level, the ag's office also found that there was insufficient evidence to bring charges for the destruction of evidence. >> in this case, the vehicle's damaged windshield, which had been discarded by police by text this afternoon. michelle montrose, sean's sister, told me that she was disappointed, but that she would not stop fighting in the newsroom for the i-team. melanie woodrow abc seven news. >> all right, melanie, thank you . now to the east bay, where the widow of security guard kevin nishida came to court, planning to hear new charges against the man accused of killing her husband two years ago. he was guarding a tv news crew in oakland when he was killed. but instead of the new charges, the judge moved the date and now, as abc seven news reporter anser hassan explains, nishida's widow is worried that the embattled district attorney may lessen the charges.

>> the widow of kevin nishida was hoping to leave the hall of justice in dublin tuesday morning with a full understanding of the charges against the suspects in her husband's murder case. it is complicated because the charges that were set by the o'malley administration in 2022 are still standing at this time, virginia nishida says there are now concerns that the current alameda county district attorney, pamela price, may drop the special circumstance and some enhancements which could have kept the suspects locked up for life. but she says those charges still haven't officially been submitted through the court system. >> that's what i'm worried about, that they're not being held accountable and they need to be, especially for murder. >> monday evening, da price issued a statement ahead of tuesday's hearing saying that two of the suspect, shadia mitchell and hershel hale, will both be charged with first degree murder, plus arming enhancements. they face 25 years to life. these are very serious

charges and they reflect my office's commitment to punishing those who come to alameda county to inflict harm on people in our community, da price said. but it did not address if the initial enhancements are being dropped. >> getting rid of the special circumstances, getting rid of the enhancements will enable them to be out on the streets sooner. um at the end of, you know, their sentencing, you know, and that's where the safety issue comes in at some suggest that there may be changes to the charges because the third suspect, loren gilbert, may be the man who actually shot nishida. >> da price says gilbert is still at large. in an email to abc seven news, the alameda county public defender's office, which represents mitchell, says it supports dropping enhancements since they say mitchell did not pull the trigger and it blames the oakland police department for errors in the case. investigators, including oakland police detective von tran, tried to cover up their incompetence by skewing the case to make it seem like our client was the

shooter, writes alameda county public defender brendan woods. >> where i'm hanging in here and i'll be here at every court date in dublin. >> anser hassan abc seven news. some changes are coming to google. >> google is paying $700 million as part of an antitrust settlement. and as part of the deal, google will have to revamp its app store. abc seven news reporter suzanne phan is live in the newsroom with a look at the impact of this settlement. suzanne, amid this settlement affects about 102 million android users in the u.s. now, if you've downloaded an app on your android by using google play, you can get a payment of at least $2. that's really a small amount, but legal and tech experts say this case has big implications for tech giant google and i have an android and i use android. android users listen up. if you use google's play store any time in the past seven years, you could see some money coming your way. it's part of a multi-state lawsuit involving attorney general rob bonta and other attorneys general. bonta says google unlawfully monopolized the market for android app

distribution and in-app payment processing. >> they made it very, extremely difficult for consumers to have options for consumers to have, um, options that would reduce price, and they essentially effectively maintained a monopoly and gouged consumers and developers in the process, bonta says android users can expect to get up to $2 via paypal or venmo. >> they won't have to submit claims that doesn't seem like much, but tech experts say the settlement sends a clear message to tech giants. >> the tech companies is for the longest time, they don't have any competition. when you are too big, you control the market and you start squeezing more money from the users without about anybody complaining about it. this is a good sign that that the government is doing their job by watching what the big tech is coming and making sure that it's fair for them and it's fair for us as a users. >> the settlement requires google to change its app store practices. google will have to

let users choose whether to pay for in-app purchases through its billing system or through paypal or a third party platform. google must also simplify the process by which consumers are allowed to install apps. wilson white, google's vp of government affairs and public policy, addressed the settlement in a blog post, saying, quote, android and google play provide choices and opportunities for innovation that other platforms we compete against simply don't. we're pleased to reach an agreement that builds on that foundation, and we look forward to making these improvements that will help evolve. android and google play. a judge still needs to approve the settlement before it's finalized, and just last week, a federal jury in california ruled against google in favor of epic games, the maker of fortnite, and the jury agreed with epic that parts of google's app business were anti-competitive. google has said it will appeal that verdict live in the newsroom. suzanne phan for abc seven news. >> all right, suzanne, thanks very much. the san francisco police department and its commanders are being hit with a class action federal lawsuit suit over a skateboarding event

last summer. attorneys for the 113 people arrested or cited during the july's dolores hill skate bomb claim officers corralled and trapped attendees without giving them notice, warning or an opportunity to disperse. the department released this body cam video shortly after the incident, showing bottles and fireworks being thrown at officers, muni and city vehicles were vandalized and mission high school was tagged. police set up barricades ahead of the event following major injuries and even one death in years past. >> all right, let's get to our weather now as scattered showers continue throughout the bay area. for more, let's get to abc seven news meteorologist sandhya patel. sandhya. yeah. >> ama, hang on to the umbrellas because we're nowhere near done. let's take a look at live doppler seven right now. although we're sort of in a lull and just seeing some spotty showers. that is going to change later on tonight. we're going to get you into street level radar woodacre fairfax marinwood ignacio boulevard, heading into novato. highway 101, seeing some wet pavement as we look around

the santa cruz area, boulder creek, ben lowman highway nine, highway 17. it is going to be a dicey commute tonight. going forward. coastal flood advisory begins 3 a.m. tomorrow. it runs until 7 a.m. and the concern here is a combination of the rain and the high tide, which is peaking just before 6 a.m. tomorrow, is going to lead to some low lying flooding, so keep that in mind as we go. hour by hour. tonight still just spotty showers between six and about 1030. and then the rainfall intensity picks up as this system. the second part of this system gets in here. this area of low pressure is going to skirt the coast and dump some heavy rain across our region. you can see that intensifying as we head into tomorrow afternoon and evening. it's a level one on our storm impact scale and that means some brief heavy rain, gusty winds not just tonight, but through early thursday. chance of thunder and certainly minor flooding in. not just low lying areas and roadways, but the potential is there for small streams and creeks. i'll be back

with a full look at the timeline coming right up. dan and emma. >> all right. thank you. >> sandhya california forever. that's the company that's planning to build a new city in solano county. released the results of their latest survey exclusively to the abc seven news. >> it and i-team reporter stephanie sierra spoke with the ceo about the feedback. and she's here with the latest. >> steph. yes, those results just released a few minutes ago, in fact. >> and we're told these surveys asked questions about what residents want to see built in this new city along with their top concerns. tonight we have the responses from 10,000 people. and while the ceo says there's strong support to move forward, a substantial number of people are still undecided. california forever's newly released survey is shedding light on what the people of solano county want to see in a new city. according to the online results, 80% of people supported the idea of new, good paying local jobs and safe, walkable neighborhoods, as well as protecting the suisun marsh and delta. whereas 60% of people express strong support for renewable energy and the plans

to build one of the largest solar farms in california, residents liked energy efficient homes with no p-g-and-e's bills. when did you first reach out to travis air force base? >> um, after we've announced basically immediately after we announced the plans publicly, schrameck told the i-team in september he did not notify travis air force base of his plans beforehand. >> but this week, he says the survey results give him confidence. this new city can draw on the connections to the military base by creating jobs that will support the base and keep people in california, he says. there's high demand for new jobs in advanced manufacturing, and so it's defense, aerospace, advanced manufacturing, these kind of, um, mix of old and new economy jobs that people really want to see here. >> and we think we can actually bring them more than 78% of online respondents want to see major infrastructure improvements made to highway 12. >> that's often referred as blood alley, as well as upgrades to the local water supply. schrameck says he has enough water rights to support the city from both the aquifer and the sacramento river, but the solano

county water agency disagrees. >> as a brand new city of up to 100,000 residents, that's a significant amount of water that doesn't currently exist. >> the water rights in california, and especially in solano county, there already accounts for california forever has hosted a number of recent town halls where residents have voiced many of these concerns, including a simple yet common one. >> how will this all work? >> well, my. will my kids be able to walk to school? what does it mean? does it mean i can walk to the office? >> schrameck says those questions will be answered when the plans are finalized and released in mid-january. in the meantime, he says, the survey shows a great deal of excitement among small business owners and young people who are struggling to buy a home. among online respondents, more than 76% of people say affordable homes and family friendly parks and recreation areas are most important to them. but some city officials say there's concerns over zoning restrictions. >> i think that if zoning were not an issue for them, they would have gone the traditional

route of creating a city, which is through lafco, but instead said they've hired the most expensive, the most prestigious teams throughout the state, many of them close to big name politicians like governor newsom. >> but all of this has to make it on the ballot first. and schrameck says the percent of people still undecided. >> it's a it's a substantial number now, if the ballot measure to create this new city passes schrameck says it will be much farther away from travis air force base and current developers, and sassoon city and fairfield. >> and depending on how this all plays out, there could even be a huge greenbelt that separates this new city from the surrounding cities. about 60% of people supported that in this survey, so all eyes now are on mid-january when we can actually see these plants. right? >> this whole thing has been so odd, i know. right? fascinating yeah. all right. thanks. >> one step at a time. >> w

people settle back home. >> abc seven news reporter ryan curry spoke with one man who is benefiting from their programs. >> clocking in and cutting down, we're cutting the soap bars to perfect bars and discord in the imperfect bars. >> antonio jones pays close attention. >> each bar of soap gets the utmost care. >> this would probably be like the third and maybe the fourth step, because it's a meticulous process when you're dealing with soap. >> sometimes it is razor thin. one step at a time is how jones approaches his job. at 34 years old, this is the first 9 to 5 he has ever had. this is like my first time actually doing what i feel like i'm supposed to be doing. >> jones was in prison for five

years. >> during that time, he didn't know what his future held. >> not only do i have a job, but i also have other supported resources that i need to, you know, just to better myself in other areas. >> nonprofits in oakland want to help more people like him. rise east, a project focused on helping east oakland families, hopes to raise $50 million if they do that. blue meridian partners, a national philanthropic group, will match it until we have raised the full 50, we cannot unlock that $50 million match. >> and so this is why this is really a key opportunity. and frankly, an urgent call of action, a call for anyone locally to contribute. >> they have already raised 26 million. that money will expand and create new programs like the ones helping jones. >> we can see more projects just like this so that we can build an ecosystem of support so that

all of our strategies are integrated and we're working in partnership. >> if you ask jones or his coworkers, it isn't just about making and selling soap. it's a job used to better their lives. >> if you really, really, really want to better yourself, and if you really want to find that help, like it's right here in front of you. >> he hopes others can benefit from it in oakland. ryan curry, abc seven news and on the subject of second chances and giving people opportunities, one of oakland's most beloved athletes is taking his talents to wall street >> the new york stock exchange welcomed marshawn lynch, along with student athletes from south shore high school this morning. they rang the opening bell to start the trading day with family members of the building rooting them on. >> meanwhile, a year end rally continues on wall street. the dow gained 252 points today. the nasdaq was up almost 100. the

s&p added 28 points, inching closer to its record high today. the colorado state supreme court said former president donald trump is ineligible for the white house. the decision used the u.s. constitution's insurrection clause and removed him from the state's primary ballot, claiming trump incited the january 6th attack on the capitol. now, it is the first time in history that clause of the 14th amendment has been used to disqualify a presidential candidate. the 4 to 3 ruling sets up a likely showdown in the supreme court to decide if trump can remain in the race

♪tasty glazed turkeys that won't be forgotten♪ ♪their warm mac and cheese has us feasting like kings♪ ♪these are a few of my favorite things♪ every bite is a celebration with the honey baked ham company

some sort of delay. five others were canceled altogether, nearly 500 flights were delayed there yesterday. most of the delays were flights headed. to san francisco. >> it's a little messy up in the sierra because of the snow. chains are no longer required on 8-80 they were earlier in the

day, however, where they are needed on 50 between twin bridges and myers, and more snow is expected along that stretch tonight. all right, so let's get a handle on exactly what we can expect. yes. abc seven news meteorologist sandhya patel is tracking it all. sandhya. yeah >> more showers for the next few hours. dan and ama. and then we'll start to notice the rain intensifying later on tonight. so let's look at live doppler seven uh. not everyone is seeing the rain right now, but i will take you in where we are seeing some wet weather right around boulder creek, ben lomond highway nine. you can see just a few showers passing through the region. very light stuff there. we are seeing some light to moderate rain right around woodacre san rafael, san anselmo, kentfield, magnolia avenue, larkspur area. so just keep those umbrellas close by as we look at the wider picture here. it has been turning to snow above 7000ft, but there is rain still at lake level and these are just the showers that came through here. there have been thunderstorms east of the bay area, and certainly we have the potential for seeing thunderstorms here locally as well, especially as we head

towards that overnight hours and towards tomorrow. so rainfall since sunday. it's really impressive. close to five inches in ben lomond. that's in the santa cruz mountains. 9/10 of an inch in san jose, 1.8 for san francisco, oakland, an inch of rain just over that in concord. livermore. you were not in the rain shadow 1.22 and you will notice over three inches in santa rosa. close to that in kentfield. we're still counting those totals as we take a look at those temperatures right now. really mild with a south wind 60 in the city. oakland 59. low to mid 60s from hayward to san jose right now san mateo 62 degrees. by the way, our high temperatures have been above average once again today. upper 50s from santa rosa to napa. fairfield 5961, concord and 60 degrees in livermore. here are your highlights tonight. scattered showers will continue tomorrow. down pause at times a thunder possibility as well. and then this weekend, get ready for cold mornings with frost. so let's check out what you can expect. this is the storm impact

scale. this is a level one a light storm between tonight and early thursday. brief heavy rain , gusty winds. that possibility of a thunderstorm or two, and minor flooding expected. not just on our roadways like we have seen, but those streams and creeks are starting to rise and the ground is saturated. so keep that in mind. 6:00 tonight, a few showers coming through the region. 10 p.m. still very scattered in nature. and then as that secondary low comes in, this is when the rainfall begins to intensify. tomorrow morning as the commute begins. this low is going to skirt the coastline, which is why not everyone inland is going to see the rain. initially at noontime, still mostly a coastal event, but by 4 p.m. we start to see those downpours moving inland and it is going to be dicey for tomorrow evening's commute. late tomorrow night turns lighter in intensity going into early thursday. we'll keep some showers around before this system moves down towards southern california and northern baja. rainfall estimates anywhere from about a half an inch out towards brentwood to close to two inches in places

like santa rosa for your morning temperatures will be in the 40s and the 50s. make sure you have your rain gear and allow that extra time to get to where you need to go tomorrow afternoon. 50s and 60s. it's going to be a stormy afternoon and a look at the accuweather seven day forecast level one tomorrow and thursday morning. it's beginning of winter on thursday. we're going to go with some fog on friday and certainly colder mornings, cooler days, christmas right now it's going to feel like it. there will be some clouds with a chance of rain

hundred toys right now. they're going to package them and distribute them to low income families and they're changing the way they're doing it. this year to this year is really fun because we're actually giving the toys to the parents. >> so the parents can give the gift to their child. so in addition to children receiving this gift, it's also an opportunity to provide low income parents with the dignity of being able to give their children a gift over the holidays. saturday. >> nice idea clyde says it is always looking for volunteers to help out. if you're interested,

you can sign up through their website. that's a really nice change to making this year. it is, and we do have much more news ahead. >> at 530 on abc seven, bay area streaming tv. and if you're watching us on tv, one news tonight with david muir is next for sandyha patel. >> all of us here. we appreciate your time. i'm dan ashley and i'm ama daetz. >> we will see you again at 6:00. is it possible my network could take my business to the next level? it is with comcast business. powering all your devices with gig-speed wifi.

and you get fast downloads and uploads. pick it up! pick it up! oh we got this! because it's powered by the next generation 10g network. more speed for your business? it's not just possible. it's happening. get started for $59.99 a month for 12 months. plus, ask how to get an $800 prepaid card with a qualifying internet package. call, or go online today to learn more.

>> david: tonight, breaking news. the northeast storms, the home engulfed in flames, the rescues by boat. also, the massive home explosion. several members of a family pulled from the debris, including children. and breaking news as we come on. will donald trump be kept off the ballot in a key battleground state? what the court just decided. first tonight, the rescues in the northeast. the deadly storms. the home up in flames, surrounded by water. hundreds of thousands without power tonight. search teams looki f