of all evil was unleashed tonight in alabama. i have never, ever seen anything like that. that was torture. >> for the first time in the history of the u.s, a person has been executed by nitrogen gas. the decision sparking widespread protests and reaction across the country. tonight. good evening. i'm ama daetz convicted murderer kenneth smith had a last ditch appeal. go all the way up to the us supreme court. but after going down to the wire, the justices denied the appeal. 6 to 3, with all liberal justices dissenting with the decision. abc seven news reporter j.r. stone is following this story and joins us with the details on this late breaking case. j.r.

i'm all eyes were on alabama and the u.s. supreme court tonight when it came to if this execution was going to happen or if it would be delayed in the end, nearly 36 years after elizabeth's senate was murdered in colbert county, alabama, this execution happened. >> 58 year old kenneth smith is the first person in the u.s. to be executed using nitrogen gas that, according to the alabama governor, smith was sentenced to death for his role in the 1988 murder for hire plot of a preacher's wife. he and his attorneys argued that execute by nitrogen gas would constitute cruel and unusual punishment, but the u.s. supreme court denied a final appeal. his spiritual adviser described the moments when he died, what we saw was minutes of someone struggling for their life. >> we saw minutes of someone heaving back and forth. >> but the head of alabama's department of corrections says nothing was out of the ordinary,

appeared that one. >> smith was holding his breath for as long as he could, and then there's also information out there. uh he struggled against his restraints a little bit. >> smith was originally set to be executed in november of 2022 by lethal injection, but officials were unable to locate a vein and called it off. according to the governor, smith had requested nitrogen hypoxia as an alternative to lethal injection. >> they're talking about smith and what's happening to him. you know, everybody's forgot about the woman in colbert county. that's what she's known as right now. her name is elizabeth sinnett. she killed her. her. he's got to pay that price for what he done to our mother. >> the victim, whose sons spoke thursday saying that they never did get an apology from smith. >> i think he's sorry you got cold 35 years. if he was truly sorry. you know, we would have

got a letter or something. he never got it. >> alabama, mississippi and oklahoma are the only three states that allow nitrogen gas to be used as a method of execution. while numerous organizations pushed for alabama to call off the execution, it happened at 8:25 p.m. central standard time. this execution happened in alabama thursday night, but here in california, we have not seen an execution since 2006, 2019 governor gavin newsom issued an official moratorium, which halted executions. someone can still be sentenced to death here in california. but with that moratorium in place, it won't be executed. j.r. stone abc seven news. >> all right, j.r, thank you. new at 11. we are now getting a good look at a strange break-in at a collectibles store in san jose. the thieves seem to be after only one thing. pokemon cards. abc seven news south bay reporter lauren martinez spoke to the store about how they're trying to recover.

>> a downtown san jose business owner is sharing footage of an odd break-in. that's one thief crawling on the floor. surveillance cameras captured two others as well. this is our playroom. >> we have this room reserved for, like, tournaments and games or, like people can just hang out and play if they want. >> tofu's trading is a collectible card store. they carry pokemon cards and collectibles. the japanese franchise started in the 90s, and its fan base continues to grow like sometimes i'll be streaming and i'll hear people be like, oh my god, like in the back and i can hear them through the walls. >> um, and it's just really fun. like, it's really fun seeing people open the packs and, like, find the card that they want. they'd be like, oh my gosh. >> and like, it's just a lot of fun. >> on wednesday in the middle of the night, surveillance cameras captured their first break in. >> we saw like three people had broken into our side door, which was kind of ridiculous because there's a fridge blocking it. so i don't think it was a targeted attack at all. >> they believe they were inside going out with your hands up and arms.

>> san jose police did respond, but the store says the three suspects were gone in minutes. >> i don't think they were in the hobby necessarily because they didn't know what to take, what they did take was the cash register and more than 35,000 pokemon cards. >> thatrillionange from a dollar to a few hundred dollars, a special set of cards that only gets released once a year will come out on friday. and these robbery suspects missed that memo. >> a lot of stuff is releasing this week, and we thought it was funny. we're like, oh, these people don't realize that it released on friday. not like on wednesday at 2 a.m. they hope the surveillance video they edited and posted on instagram not only sheds awareness, but shows they can poke fun at it like to take like a bad time and just kind of find a little humor in it. >> a total cost of what was taken is still being calculated with insurance in san jose. lauren martinez, abc seven news in san leandro, police were able to stop two suspects trying to steal an atm. >> happened early this morning at the wells fargo on lewelling boulevard. what's left of the damaged atm is now covered in a black tarp. as you see there,

officers say when they arrived on scene, they saw two suspects trying to remove the atm. the suspects took off when police arrived and they have not been found. and it comes as a new citywide crime report shows violent crime rose 21% last year in the city of oakland. robberies, burglaries and vehicle thefts all increased as well. it's all happening as oakland nears one year without a permanent police chief. mayor sheng tao fired former chief lauren armstrong last february. an interim chief has led the department since then. in december, mayor tao rejected a list of three finalists submitted by the police commission, so the process of finding a new chief had to start over again. she joined us today on midday live to respond to the anxious that many are feeling. i do believe that the city of oakland deserves the best of the best, and if we can just name one person to be chief of the police department and think that, you know, crime is going to go away, that's not how it works. >> we have to ensure that we have the right person in this role. >> open recruitment for a new chief is happening now. february

is the evaluation period on march first, the final names will be sent to mayor tao and she will decide whom to hire. and we want to make sure you have the full picture of crime where you live with the abc seven neighborhood safety tracker. it puts the tools of our data team right in your hands. it shows you a wide range of statistics on public safety over the years. for san francisco, oakland and san jose. you can narrow it down by neighborhood as well. you'll find it on abc seven news.com. after what felt like a week straight of rain, today turned out to be pretty picture perfect. same here tonight as we look out live from our camera at the top of mount tam. time to check in with abc seven news meteorologist sandhya patel to see what our friday has in store with our 24 hour accuweather forecast. hi sandhya, hi there. yeah, ama. it's going to be comfortable. weather tomorrow but cloudier than what we saw today. >> so let's take a look at live doppler seven. certainly the clouds are in and we are seeing some sprinkles north of ukiah. so as we check out our day planner tomorrow morning, a slight chance of a few showers in the north bay, 40s and 50s to

start the day. noontime it's mostly cloudy. it's a mild afternoon, low to mid 60s, and then the clouds will be pretty much with us as we head towards the 7:00 hour. now if you're wondering about our rain chances , they're very minimal in the north bay tomorrow and saturday. look what happens the middle of next week. i'm going to be back to tell you about a warm up for your weekend and our rain. that timeline is coming right up ama. >> all right. we'll check back. thank you. sandhya in the south bay, levi's wants to keep its name on the 40 niners stadium in santa clara. it reached a deal with the team to extend its original 20 year pact by an additional ten years. but it comes on the same day the san francisco based company announced it's going to be laying off up to 15% of its global workforce. levi's currently has around 19,000 employees. it estimated the cuts will save $100 million. this year. in a statement to abc seven news, an executive with levi's says the move is part of a two year restructuring plan. a san jose bicyclist who was hit by a car this past summer has

died from the injuries he sustained from the impact the accident, which happeneback on june 25th, took place on the corner of north 13th street and east santa clara street. the driver remained on the scene after the accident and cooperated with the police. this marks the third traffic death in san jose this year. new developments with the troubled san francisco based company cruise, the department of justice and the securities and exchange commission are now investigating the autonomous car company. it follows october's incident in which a cruise vehicle dragged a pedestrian about 20ft in san francisco after the pedestrian was hit by another car shortly before cruise paused all operations on public roads in november after the dmv revoked the company's permits. cruise says it's fully cooperating in all investigations, building a better bay area is our central mission. every time we bring you the news here at abc seven. so tonight we want to highlight a few of the breakthroughs we're seeing in our neighborhood. and we start in san francisco's tenderloin. there was a public forum tonight, one week after a

shooting left one person dead and four others injured. it was hosted by the saint anthony foundation and among those in attendance were police chief bill scott and district attorney brooke jenkins. this meeting was to give an update on public safety in the neighborhood, and to address any questions and concerns from residents. abc seven news hosted our very own live event recently. take action san francisco. we sat down for a candid conversation with the mayor, police chief, and district attorney. the entire commercial free hour is streaming on demand. find it on the abc seven bay area app or wherever you stream our next abc seven building. and better bay area breakthrough is right nearby, where tonight there seems to be a light at the end of the tunnel for the struggling san francisco center. a new management group is promising to keep it open, even with numerous businesses leaving. it's currently about half occupied. but today on our 3:00 pm program, getting answers are kristen sze spoke with kevin nguyen from our media partners at the san francisco standard about the plan to draw people back. >> the message from the custodians were that, hey, this

mall is here to stay. it's open. our job here is to preserve the cash flow until this mall could be sold off to a new owner. so they're going to invest in more security and also they're thinking about bringing events and live programing to the mall to activate those spaces. again, this year. >> five stores have already announced they are going to be closing permanently. a major transformation could be coming to one east bay city bishop ranch in san ramon is eyeing a redevelopment to become the pinnacle downtown hub. our media partner, the mercury news reports. a new complex called orchards would replace chevron's office park that's on bollinger canyon road, just off 680. chevron would move to a new location in bishop ranch, and the decommissioning of its current site could start by the end of the year, as orchards is expected to be modeled after san jose's santana row. there are plans for 2600 homes, 125,000fts of retail space, a park and an outdoor performance theater for a mother in michigan. on trial.

the testimony tonight in a case that could change the way we look at school shootings, a push for more police authority. the argument in favor from san francisco mayor london breed, and he's coming back to the bay area as the enemy to many forty-niners fans ahead of the big game, the back story of north bay native and former cal quarterback jared goff. first, a look at what's coming up tonight on jimmy kimmel live! right after abc seven news at 11. jimmy thanks, ama >> it's guillermo's birthday and you're invited. this is the worst birthday ever

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michael on gma from underdog the wonder dog. >> that's a good one, ain't it? >> and john cena and molly ringwald are here live on good morning america developing news in michigan, where the manslaughter trial is now underway for the mother of a school shooter, jennifer crumbly is charged with four counts of involuntary manslaughter for her alleged role in the 2021 shooting at oxford high school. >> that's about an hour outside of detroit. prosecutors argue crumbly was negligent and ignored her son's mental health issues that could have prevented the shootings. prosecutors also allege she didn't take her son out of school the day of the shooting, and disregarded disturbing messages reported by school administrators, crumbleys attorneys claim she was a responsible parent with locked away guns and had no way of predicting what her 15 year old son would do. >> band-aids don't stop bullet holes. and that's what this case

is about. it's about the prosecution attempting to put a band-aid on problems that can't be fixed with a band-aid. >> jennifer crumbley's husband will be tried separately at a later date. a show of support today for a ballot measure in san francisco that would give police more authority to track and pursue suspects. mayor london breed spoke in favor of proposition e on the march ballot. prop e would give police more leeway in vehicle pursuits, clear the way for drones to monitor specific crimes and allow license plate readers and public safety cameras in high crime areas, the mayor addressed privacy concerns. >> i can't have a private moment , you know, heaven forbid i, i take my wig off when i go to get my hair done. like, it's like i got the mayor on on video taking off her wig. there's no privacy. everyone has a cell phone. everyone has recording devices. everything like their cameras everywhere. you know why can't other people do it? and the police department can't.

>> the american civil liberties union of northern california is a main opponent of the measure. you can now own a designer piece from willie brown's personal collection and help the community. goodwill is auctioning off items on ebay that were donated by the former assembly member and mayor of san francisco. they include sport coats, a hoodie, button down shirts, even hangers. currently the priciest piece is a designer italian cashmere shirt with a bid of $338. new at 11, they may have taken a different approaches to fighting racism in america, but now a new series is taking an up close look at doctor martin luther king jr and malcolm x and their roles in history. the premiere of genius mlk. x was held tonight at the smithsonian in washington, d.c. the series looks at the two men's early years, how that helped them in their fight for change in the world, and the big role their wives also played in the movement. what i'm hopeful is that this is an entry point for many people to begin their

journey of seeing these legendary, iconic heroes as human beings. both men were assassinated, both men leaving profound legacies. the first two episodes premiere at next thursday on nat geo. they will be available on dney plus and hulu the following day. disney of course, the parent company of the abc seven. all right, time to get a check on that weather. i could use another day of sunshine. sandy, i don't know about anybody else. ama. you know what? we're going to give it to you, but not tomorrow, okay? >> you're going to have to wait until this weekend because we have changes underway right now. i want to show you a stunning view of the wolf moon. this is from our sutro tower camera. this is the first full moon from 2024. and really, it's because wolves can be heard uh- in the background around the cold winter months howling. here's a look at the temperatures. you may howl if you see the way the numbers g. so not so much tomorrow and saturday, but

sunday monday in the mid 70s. these are san jose's high temperatures, averages 60 degrees. so you're going to hover well above average sunday and monday with the possibility of records by wednesday. numbers are dropping. let's talk about sunday's forecast. santa clara high temperature of 73 degrees on sunday at kickoff. but it's going to be springlike warmth if your tailgating upper 60s to low 70s, you'll need the shades you'll need the sunscreen, a light breeze. and as we check out the forecast at kickoff, warm and mostly sunny, 73 degrees. fourth quarter you are looking at still mild conditions with mid 60s fair skies expected high pressure in control of our weather. that's what's going to push the storm track to our north. but before that happens, we do have a storm system that is pushing into the pacific northwest, bringing northern california rain. the tail end of it is just going to brush northern part of our viewing area. so that's where you're going to have the best possibility of seeing some sprinkles right now. those temperatures are all in the 40s

and the 50s. a live view from our roof camera. and here's a look at the headlines tomorrow and saturday. cloudier a slight chance of some showers in the north bay. sunday is warmer. possibility of records and the middle of next week that stormy weather will return. so don't get too used to the idea of some sunshine for the weekend. now. 4 a.m. tomorrow, there may be some damp roadways in the north bay, so just watch out a lot of cloud cover the next couple of days. noontime saturday. still, the potential is there for a few sprinkles and then saturday night could happen in the southern part of our viewing area. rain fall estimates. really not expecting anything measurable for most areas, but it may be in 100th of an inch down south and up north a few hundredths ukiah picking up about a third of an inch. by saturday night. your morning temperatures in the 40s and the 50s. mostly cloudy, mostly cloudy. tomorrow afternoon temperatures will be in the 50s and the 60s. now we're going to look ahead to that rainy pattern for next week. so it begins tuesday night. potential is there wednesday looks like an

atmospheric river will soak the bay area, and then thursday you're still looking at that wet pattern with sierra snow rain mix and continues thursday and really continuing friday and saturday as well. now rainfall projections through thursday night. you will notice parts of the bay area will be in that half an inch to inch. plus category, so be prepared. but until then enjoy some warmer weather coming your way. not immediately. the accuweather seven day forecast. it's mild and cloudier tomorrow. slight chance of a few showers saturday. warm on sunday for the nfc championship game when the niners take on the lions. still above average monday and then late night showers developing tuesday with the level two on wednesday. thursday is a level one almo. w

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homecoming for lions quarterback jared goff. he grew up in marin county, where he became a hero before going to cal, where he developed into the first overall pick in the 2016 nfl draft. goff is from nevada and played his high school football at marine catholic. he set numerous school records and was twice named the team's most valuable player. one of his favorite places in novato is finnegan's marin. all you need to do is look at the menu. >> so yeah, the golf burger used to be the bomb burger. and so,

you know, i think in his time, it seemed to be his favorite, uh, item on the menu, which is actually majority of the town's favorite. it's got a irish popper, little nugget that we serve with it, but it's just this loaded burger that gets the job done right. >> um, so who's going to get the job done on sunday? >> goff has a chance to make history. the lions haven't won a road playoff game since 1957, when they beat the 40 niners at kezar stadium, rallying from a 20 point deficit. and if you're hoping to watch the 40 niners, lions game in person, you better bring your wallet. according to stubhub. right now, your first pick at the nosebleeds at levi stadium start around $380, but if you're truly faithful and want to see your niners from close to the 50 yard line, those tickets go for about $5,000 a pop. the warriors in a thriller tonight as they try to build on last night's win. sports director larry beil is here with more larry. >> i'm off. this was the harrison barnes revenge game. believe it or not, the ex warrior comes back to haunt his old team. and you're not going

to believe how this one ended. sp

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the warriors will continue to

honor coach dejan milojevic, who passed away last week. the dubs, trying to get back to business hosting the kings on a back to back lastrillionegular season meeting between these two teams at chase curry had 18 points. steph in the first quarter on fire five threes. most in the quarter by curry this year. but he didn't score in the second period. warriors down three at the break. the harris and barnes revenge game the former warrior seven threes went for a career high 39 points. are you serious hp three minutes to go dubs within one. curry from distance. he had six threes. finished with 33 points. and then behind the back. look i thought this ball was going way over the backboard. have no fear jonathan kuminga is here. it's a one point game with 90s left 45 seconds to go with authority. it's jc career high 31. dubs have their first lead since the second quarter, but then they leave domantas sabonis all alone in the lane for the dunk. no defense one point game. 10s left. warriors don't call time

out. the kings double. curry and he turns it over as time runs out. warriors lose yet another tough one. 134 133 to the nfl shoulder injury and all. deebo samuel took part in a limited practice today as the 40 niners are getting set for the lions in the nfc title game. deebo was smiling and he's running routes. look, his teammates are going to be smiling. if deebo suits up on sunday that's awesome. >> any time he's out there uh- he brings a extra set of juice that, um, is hard to hard to mimic without them. >> college, whose best shot at saint mary's came from the fan baseball style from half court splash. the gaels hosting pacific. it was tied at ten, and then it was all gaels. i mean, like all all, all gaels, the randy bennett defense allowed only 28 points the whole game, lowest in the country this season. mason forbes there with a big finish. gaels roll 7628, undefeated in west coast conference play in first place. got to get your high knees going

there. even if you're an official. get them up there. usf had not beaten gonzaga in spokane since 1989. they hadn't beaten them at all since 2012, and newbury and juan dons up six in the second half. but the zags pull away down the stretch. anton watson high off the window, dons fall, 7772 in santa clara beat pepperdine by 23 sports on abc s. onsored by river rock casino

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you're watching abc seven news live anytime, anywhere. >> here we are. we are. we are, we are, we are, we are where you are never miss a moment of the news that matters to you. >> download our abc seven bay area streaming app. join us and start watching. >> all right. thank you so much for watching tonight. i'm ama daetz right now on jimmy kimmel live! divine joy randolph have a good night, everyone. we'll see you tomorrow.

previously on "jimmy kimmel live" -- >> lou: from hollywood, it's "jimmy kimmel live!" tonight, milo ventimiglia, da'vine joy randolph, and music from vacations! with cleto and the cletones! and now, jimmy kimmel! [ cheers and applause ] ♪