live from the cbs bay area studios. this is kpix5 news. >> what really happened to this 16-year-old victim of the asiana flight crash. everything we thought we knew. good evening, i'm ken bastida. >> and i'm elizabeth cook. joe vasquez is in the newsroom with that report. >> 18 pages filed by the city attorney and this will add to the ntsb's nile. the city insists they have evidence the firefighters did not kill that teenage did girl, she was already dead from the crash. following the plane crash, san francisco now admits the city's firefighters ran over 16-year- old twice. but in the new report filed with the ntsb released today, the city attorney addmently denies she was still alive at the time of those rollovers. despite what the coroner said.

>> multiple injuries that are consistent with being run over by a motor vehicle. those injuries she received, she was alive at the time. >> in this new report, the city says wait a minute. if she were alive, then how come the coroner found no foam in the trachea or lung tissues of the deceased? if she were alive, the city argues, she would have breathed in one or more of those items. the city knows she was ejected from the plane just like two other passengers who were right next to her, both of whom died. >> so the san mateo county coroner's decision was faulty. >> the attorney says the city is likely building its defense against the wrongful death lawsuit already filed by the girl's family. >> the girl was already dead. and therefore, that as tragic as it was that her body was mutilated, the fire engines did

not cause her death and therefore, she has no claim against the city and county of san francisco. >> so, who is correct about how she died? this is the sort of question that could get answered by a jury if it ever gets that far. but attorney tells me these type of cases are usually settled. live in the newsroom, kpix5. >> a tricky rescue tonight after a man plunged about 30 feet off a cliff at china camp state park. san rafael firefighters and a coast guard helicopter hoisted him to safety using a long line and rescue basket. another helicopter transported him to the hospital. >> right now it's below tide, so it's rocky. the best access for us was to use the long line from the coast guard, which brought the patient up to the parking lot where we loaded him up in cal star and the flight nurses and paramedics provided advance flight support. >> fire officials say he was

unconscious at the time of the rescue. so far, there's no word on his condition. an 81-year-old woman shot in her own home in broad daylight. it happened at around 10:30 this morning in oakland's upper diamond neighborhood. andrea reports police are still on the hunt for the armed intruder. andrea. >> liz, oakland detectives left this neighborhood a short time ago. they are trying to find surveillance video of a car seen speeding out of this neighborhood moments after that woman was shot. >> when i heard a bang, what sounded to me like a newspaper or phone book hitting the front door, turned out to be a gun shot. >> that bang was a bullet going through the shoulder of derek's 81-year-old neighbor, through her house, through a fence, bouncing off his stucco before falling to concrete this morning. oakland detectives believe it was likely a burglary that went awry because the suspect didn't expect anyone to be home. >> here in the neighborhood, we have more kick ins of the guys

coming from the hills and they talk to each other and they know it's an easy target. >> since september, there have been six burglaries within two tenths of a mile of today's. the m.o. is similar. a kicked in door usually happening not long after rush hour. victim is expected to be okay. though she gave neighbors and her family quite a scare. >> i saw the paramedics carry her out on a chair, place her on the gernie and put the gernie in an ambulance. >> it's not just the burglaries in the weeks since september, we are also talking about several armed robberies in this neighborhood in that same time frame, some during those early morning post rush hour hours. of course, detectives here in oakland still looking for the suspect in this case. live in oakland, andrea, kpix5. >> oakland mayor had her car windows smashed while she was at a community meeting.

it happened last night outside the space and science center. a spokesperson says nothing was taken. it's not clear if it was a break inattempt or random act of violence. at this point, there's no indication the mayor was specifically targeted. >> new tonight, oakland is all set to build a state of the art facility to keep watch over the city. but kristen ayers shows us there are serious concerns about the contractor who has been hired to do it. >> do i support a surveillance center? yes, i do. >> the surveillance center is talking about would be headquartered here. a network of video cameras and social media thieves from all over oakland, fed here where law enforcement can keep a close eye on it. >> civil liberties are important to me. at the same time, you know, sometimes i may have to sacrifice one or two to be able to protect my grandmothers and my children and my families and my neighborhood. >> at tonight's public safety meeting, council members were set to green light a contractor

called schneider electric to finish phase 2 of the surveillance center. but opponents showed up to say there's one serious problem with schneider. >> they are directly and intimately involved with nuclear weapons. >> and that would be a violation of oakland municipal code. brian, a lawyer with the oakland privacy working group found out about schneider's nuclear involvement with a google search. >> all the evidence is right there on the website. >> we found it ourselves. schneider says our main application demands include weapons launching control system for nuclear submarines and nuclear weapon handling system. others want to make sure that neither schneider nor the handful of other current bidders get the contract. >> all remaining bidders are guilty. >> schneider was a no show at tonight's meeting. they claim any nuclear weapons involvement they've had happened a decade ago. in oakland, kpix5.

>> he hopes to write a policy about how exactly the center would be monitored. he wants to create an advisory board. >> new at 10:00, if the city won't do it, a new group of activists will hand out free crack pipes on the streets of san francisco. the group is called the urban survivor's union based in the tenderloin district. dr. isaac jackson says volunteers will begin to pass out 50 to 100 crack pipes a day beginning in march. last week, the mayor and the city's health director told kpix5 they were against a formal reames recommendation that it could help stop the spread of hiv. >> we don't know the entire lifestyle of the crack user. that's why we're doing this. we want to know people. they could be part of the mix of why our rates are not going down fast enough. >> crack pipes are illegal because they are drug

paraphernalia. they are prepared to risk going to jail. president obama called for a year of action in tonight's state of the union address. specifically he told congress it is time to provide economic help for everyone. president obama used his state of the union address to push for income equality. president says he wants to expand economic opportunity for all americans. >> even in the mist of recovery, too many americans are working more than ever to get by, let alone to get ahead. >> we can't default on our debt or watch corporate revenues continue to go up while middle class americans continue to see their wages stay stagnant. >> the president says he will sign an executive order, raising the minimum wage to $10.10. he wants congress to raise it for everyone else. >> wherever and whenever i can take steps without legislation to expand opportunity for more american families. that's what i'm going to do. >> republicans warn that

raising the minimum wage will cost jobs. congresswoman, kathy mcmorris rogers delivered the gop response. >> republicans have plans to close the gap. plans that will focus on jobs first without more spending. government bailouts and red tape. >> but members of both parties showing the president salute to army sergeant, corey remsburg. he was wounded in afghanistan during his 10th deployment. among first lady, michelle obama's invited guests was san francisco mayor, ed lee. >> the mayor sent out this letter, it's from the white house. the two men he is with are jason and jane collins. the mayor released a statement saying, he will do what he can to support the president's goals, including more affordable housing. all eyes were on the president at a watch party. the speech pretty well received. >> it was not arousing as previous years, but he touched

on a lot of good points. economic inequality, defending healthcare reform, the importance of that. >> dozens of people turned out because it was their homework. elsewhere around the bay area, our exclusive kpix5 poll found that 53% have confidence in the president to lead the nation. 40% do not. the flu three or four days and this thing took my sister's life in that same time frame. >> she got sick one afternoon and was on life support the next night. a deadly flu strain deals a devastating blow to a family. >> mail thieves are on the prowl and they are after something very specific. >> here is a promising sign. there is a winter storm watch up for the sierra. moisture heading our way, snow in the mountains. how much rain for us? the forecast is coming up. >> and we're learning more about how the grammy's pulled off the wedding of the year

from one of newly married couples. ,,,,,,,,

for over 60,000 california foster children, nights can feel long and lonely. i miss my sister. i miss my old school. i miss my room. i don't want special treatment. i just wanna feel normal. to help, sleep train is collecting pajamas for foster children, big and small. bring your gift to any sleep train, and help make a foster child's night a little cozier. not everyone can be a foster parent, but anyone can help a foster child. last wednesday and died just four this is really getting scary. a northern california woman is one of the latest to fall victim to the flu.

she was completely healthy. she became ill last wednesday and was dead four days later. kpix5's annette with how her friends and family are coping. >> she was very sweet. she was very kind and kind to everyone. >> she is very classy. >> everyone who knew nancy thought she was extraordinary. she taught others the joy of giving. >> she had a sweet tooth. she loved to bake. >> she was like so many of us and never got a flu shot. >> i'm equally guilty of not getting a flu shot. i'm not old. i'm not young. why get one? >> her family got the tragic answer to that over the weekend when the otherwise healthy 46- year-old died in a sacramento hospital after contracting the h1n1 flu virus. >> tuesday, she left work feeling ill. wednesday morning she went to the doctor and by that night, she was on life support.

she died saturday. >> i went to school with nancy and later we worked together at kpix5. she's the kind of person you never forget. and her family wants us to remember how she died. >> her death helps someone else, that would have made a big impact for her. >> one of nancy's best friends and been afraid the vaccine would make her sick, until now. >> before, it was in the news and now it's real. >> she will join the 75 others who have gotten a flu shot after hearing about nancy's passing. >> she wouldn't have wanted her life to be without meaning. i think this gives meaning to her life. >> in danville, kpix5. >> someone is going around stealing mail in belmont. police say the crooks are taking it right out of the curb side mailboxes. large amounts of discarded mail are being found tossed in the pickup trucks and people's yards.

>> what we think is happening is that subjects are going through, selectively taking pieces of mail. probably going for things related to identity theft, it's the time of year when your w2's arrive. >> police are asking everyone to report suspicious people and to consider getting a locked mailbox. >> the grammy awards were just about music this year, they were about making one of the biggest statements in history. a bay area couple was among one of the 33 that said i do. >> couples didn't find out until christmas eve that they were getting married at the grammy's. they were sworn to secrecy. i spoke to one of the newlyweds. the past 48 hours have been a whirlwind. >> music's biggest night turned into brandon and kevin's biggest day. >> i couldn't help but start

crying when i saw the first couple people tearing up when i saw keith urban crying like a baby. madonna took the stage with ryan lewis who performed their hit song, same love. 33 couples both gay and strait were married by queen latifa. >> we got to, you know, walk along this red carpet. >> the couple got a call from a casting agent last fall, inviting them to exchange vows on tv. they knew it would be life changing. >> it's an anthem for gay people to, you know, kind of be recognized as just regular citizens and not necessarily second class citizens anymore. >> not everyone is happy about being on the guest list for the mass wedding. he has been hurt by some of the nasty comments on social media. >> i can't figure out why they continue to do so when we are not trying to take anything

away from them. we're not trying to make their lives worse. we are just trying to exist harmoniously with them equally. >> styles and his husband will have to wait to celebrate their marriage. he is in haiti on a medical mission trip. >> so betty, a lot of couples, how did they get his name? >> this couple used to be on a reality show some years ago, so they said the casting agent kept their names on file when and when this opportunity came about, he reached out to them. they still plan to have a private ceremony in lake tahoe next year. >> interesting story. all right, betty, thank you. >> great memory. paul switching gears, a couple days, we're going to be a big change in the weather and hopefully it will continue to change. >> this can't be the beginning and the end. it needs to be the beginning of a pattern change that we keep for a while because the first half of winter, what winter, 75 and sunny. you can feel the change outside. your heater didn't turn on much

last night because the air is more humid. what that happens, we have cloudy skies over san jose, fog in san francisco. doesn't get as chilly. lows in the 50s for most spots. now we aren't seeing the rain fall yet. some drizzle along the coastline. marin coastline. the rain comes tomorrow. we'll get the rain fall and boy do we need it. normal rain fall in san francisco for january, 4.5 inches of rain fall. so far this january, .03. we are less than 1% of our normal rain fall. things are changing. where is that ridge of high pressure? we have a big plume of moisture stretching from hawaii to the pacific northwest. the plume of moisture is not heading toward us yet, but it's beginning to move in our direction. with an area of low pressure. by this time tomorrow, it will be raining in the north bay. for all of us, it will be raining on thursday. most of us have forgotten how

to drive in the rain. and here's perhaps the best sign. computer models are figuring out what happens when this ran ends. some computer models are saying the highs will rebuild. that will keep the storm track over northern california and southern oregon and hopefully this will be the first of many weather systems to impact us. let's talk about wednesday and thursday. our computer forecast model predicts how much rain is going to fall and this is not a good update. less than a tenth of an inch of rain fall. a quarter inch for you in napa and .8. it's not going to end the drought, but hopefully it is a start. what to expect, cloudy, mild tonight. rain will get here around this time tomorrow. wednesday evening, on and off rain fall. lasting until friday morning. your highs tomorrow, low 60s for oakland, vallejo, and san jose. napa your high 59 degrees tomorrow. and rain wednesday night.

it will rain on and off on thursday. showers will continue. if you want to get outside, you can. rain hue free and the top of next week, we'll be high as well. my hope is once the pattern changes, that it will stay changed and when the next storm comes, we can get some rain. we will take a huge flood to end this thing in a week or two. we don't want that. we want storm after storm after storm. >> say it one more time, it's going to do what? >> rain. teach yourself how to say it again. rain. rain tomorrow. how about that, ken. >> sounds good, paul. we'll be right back. ,, pompeii... let the games begin! [ man ] slaves that live earn their freedom.

♪ only death is freedom for a gladiator. [ crowd cheering ] [ man ] can you feel that? ♪ shields up! ♪ we have to get to the harbor. whatever is happening here, perhaps the gods spared us for a reason. ♪ [ male announcer ] "pompeii." rated pg-13.

that's the calling on the we house official petition deport justin bieber and revoke his green card. that's the calling on white house official petition page. he calls the canadian native destruction and that he threatens the safety of our people. the petition has gotten 72,000 signatures so far. 100,000 are needed to get an initial response. bieber was once the most popular singer in the country until his recent troubles with police and his neighbors. >> ken, you're so cool. meanwhile, pope francis is getting the rock star treatment. today he made the cover of rolling stone. explores the pope's efforts to bring the catholic church into a new era. its headline borrows from bob dillon. the times, they are a changing. >> i have a richard sherman update and the president's

speech must have inspired the washington wizards. their state of the union against the warriors. next. ,, bulldog: you know, bulldog: you know, not all heroes wear capes. some wear fur. and mattress discounters good deed dogs is here to help them. meet yara. she helps veterans like marv stay independent. this is caspin. he helps wallace with things she can't do on her own. and goldie helps children with developmental disabilities, while suzie works with people in the hospital. you can be a hero, too. give it mattressdiscountersdogs.com, or any mattress discounters. mattress discounters good deed dogs: helping dogs help people.

see that new graphic? that is impressive. wow. richard sherman believes michael crabtree is mediocre. today the former stanford star expressed regret for his post game interview at media day. >> i regretted attacking it and taking away from my teammates and you never want to talk down on a man, to build yourself up and things like that. i regretted that and taking attention away from my teammates. >> javed, whose golden bear

career ended in 2009. sewing the nfl, after suffering more, he has not been able to play in the nfl since 2011. not the only one. john wahl and the wizards facing oracle, led by as many as 10 in the second quarter. the wizards went on a run. gave washington an 8 point lead. late 4th, warriors battle back. ties the game at 85. we have less than two minutes to go. on the next possession, they leave him wide open. here comes the 3 ball, putting washington up 88-85 and they go on to win. by that score, 88-85. >> warriors -- >> was that a new hole in two? >> seems louder. >> can i hear that one more time? okay. >> no. >> what was the shooting percentage for the warriors? >> 37.5%. you didn't think i knew that,

did you? >> that's very good. >> i like the graphics. >> we'll see you at 11:00. ,,,, ,,,,,,[ sports announcer ] here's another one, alyson dudek.

hales corners, wisconsin. nice pass by alyson dudek. can she hang on to that spot? and she does! [ male announcer ] with the u-verse wireless receiver, your tv goes where you take it, allowing inspiration to follow. ♪ [ dad ] looks pretty good, right? [ girl ] yeah.

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