it's tragic. >> was there witnesses saw him or something that said that indicates he was texting or talking on the phone? >> no. we do it just to make sure. again for the investigative sufficient fish yensy to make sure we cover all base autos police do believe the boy was driving too fast, and tried to pass another car and jumped on to the sidewalk. they're waiting for his cell phone records to determine whether he was on the phone or texting. and the contra costa district attorney is deciding whether or not to charge this young man as an adult. that is why we're not using his name at this time. right now, we understand he's charged with vehicular manslaughter an offense that cannot be elevated to an adult charge but there are other factor that's could come into play. we'll have more at 6:00. in concord abc 7 news.

>> thank you, laura. >> orkland police have made an arrest in the killing of charles butler junior, the man whose donated organs saved lives of several people shooting his shooting death this, is a development we told you about at mid day. police aren't saying much about who was arrested this weekend or the role the person played in the shootings. the 23-year-old man was shot just before christmas driving to his home near 46th and west streets, coming up we'll have rejax from the family about arrest. >> a call for help might go unanswered. many of them did, over the weekend. wayne freedman is live to explain why police are stretched so thin. wayne? >> this is a rare, and a calculated admission we can say. and this is friday night, the police were shorthanded and 13

so called beats went unmanned. that is a disappointment for the department. >> what we have to look at is the reality of what is going on in the city. we exkbreerns a high volume of calls and have x-amount of officers to deal with the calls. it's a reality it began friday night at about 6:30 and lasted until 10:00 p.m. the department received 125 calls for service, a high number. and could not get to them because officers were working on 17 cases. as a result, residents who might have had minor problems or wanted to make reports had to wait this, morning the department still did not know if it responded to all of them. the police union calls this symptom matic of a department with only 657 officers and all due to budget cuts. >> we have a public safety

crisis. bottom line is that we don't have enough police officers for the city of oakland. >> and this fifrs call made is to mayor jean quan's office, waiting to be briefed. wayne freedman abc 7 news. >> that is disturbing. thank you, wayne. san francisco officials need help identifying a man hit and killed by a muni bus. take a look at the sketch of the man the examiner says he's his opinionic, late 30s to early 40s. and hit in the western edition. witnesses say the man stepped into traffic from between two parked cars. the driver placed on non-driving status pending an investigation that, is standard procedure. >> the man accused of killing three members of a san francisco family told a jury

today his mother never loved him. edwin ramos made that statement as part of his dramatic testimony. >> he's winding down testimony as we speak. his mannerism seems odd on the stand. he smilz a lot. he smiles every time he answers a question. his lawyer is concerned about that because at one point he asked why he smiles a lot. he says he i smile a lot because i'm nervous. it's been an extraordinary trial. a horrible crime that nearly wiped out a family. the prosecution called 100 witnesses producing 500 pieces evidence. potential jury pool of some 1300 people. and the pollution accused him

of shooting june 28, 2008. adill yaited with a violent latin american gang ms 13. and another son was not injured and testified as a star witness, identifying ramos as a shooter, ramos claims another gang member in the car fired the gun, today in court is attorney marla zamora set up the case he was abused by his mother, and moved from relative to relative until he ran way and joined a gang at the age of 16. ramos claims he got out of the gang before the shooting and that he was only giving the shooter a ride that day. it's a legal risk calling a defendant to testify on his own behalf. the district attorney believes

that it doesn't matter in this case. >> we feel come for theable in this case and are not surprised he's testifying and third sh our case is consisted of, brief presented nearly 100 witnesses and there is over 500 pieces of evidence. >> and i should get back to court because when i left, they're just starting to talk about that terrible, terrible day, june 22, 2008, at 6:00 we'll tell you how ramos explain that had day. >> and we'll look for you then, thank you. >> the trayvon martin shooting case will not go before a grand jury. cory says she continues to investigate the fatal shooting and will make a determination herself if there is evidence to charge the gunman, george zimmerman rather than taking the evidence before a grand

jury for a possible indictment. dozens of college students blocked an entrance to the police department there this morning. they want zimmerman arrested for murder. >> these two men a 19-year-old jake england and 32-year-old alvin watts appeared in court to answer charges they killed three people during a shooting spree in tulsa, oklahoma. two other people were wound wounded friday morning. the fbi warned it's too early to determine whether race triggered the violence. all five victims, remember, were african american. police say gaze baised on facebook shootings, he may have wanted to avenge his father's death. >> and we've got a look towards golden gate bridge from our camera. >> by morning it could be a wet mess. spencer christian is here with

the forecast. >> there is a look of a large batch of weather and there is a little bit of moisture here in the north bay. there is no rain yet but it's going to change. this evening, partly cloudy skies now becoming mostly cloudy skies later this evening, temperatures ranging from 52, 58 into mid evening hours, there is temperatures ranging from upper 40s to low. >>s by mid day, we'll see rain that might be a thundershower or two late in the day. temperatures ranging from about 56 to have 62 and rain continues, looks like both commutes will be problematic tomorrow, we'll take a look in the seven-day forecast. >> what do they say about april showers? >> bringing may flowers.

>> thank you. coming up next connection uc davis researchers found between a common health problem in expectant mothers and autism. >> two social networking sites are joining forces. details on facebook's biggest acquisition to date. >> outside for a live look at the skyway. steady as she gos and not too bad out there. spring break for a lot of folks and traffic is moving along fairly smartly. stay with us. the news at 4:00 continues.

checking healthy living news researchers believe they've discovered a link between a mother's obesity or

diabetes and her children facing a higher risk being autistic. the study found obese mothers were 67% more likely to have an autistic child compared to moms whose weight was normal and did not have diabetes or high blood pressure. >> biggest thing to consider it suggests there is a risk but doesn't indicate there is a strict relationship. it doesn't mean if a mother is overweight, diabetes or high blood pressure that they're going to have a kid with a developmental disible. it's a slightly increased rigs being. >> the research looked at moms and the article april appears in the journal pediatric autos another group of scientists looked at variations that increased a risk of a child being obese. there are 14 studies and found certain variations existed more in obese children than in

those of a healthy weight. the scientists saying they now have to figure out how it works so they can develop treatments for childhood obesity. >> this began with my big toe. the first amputation autographic videos of people showing smoking-related diseases have been effective in discouraging people from lighting up. since these cdc ads started airing last week, more than 33,000 people have called the government's 1-800-quit now hot line asking for help, double the usual number. traffic tripled at the web site. this is the first antismoking campaigns. >> and it's all about tech purchases today, microsoft buys from aol and facebook

scoops up instagram. >> hello, dan, well, instagram in an instant. facebook is paying $1 billion in cash and shares ahead of its ipo. just 15 short months instagram amassed 30 million user buzz the app is free and has little known revenues. in a postmark zuckerberg says he's committed to keeping it independent rather than just trying to integrate everything into facebook. you can share it on multiple platforms including twitter. the ceo saying app will be the same one you know and love. so this move as facebook tries

to enhance its presence. >> and aol agreeing to sell the majority of the patents to microsoft for just over $1 billion. microsoft using some 300 patents still under aol controls. there is is revenue continuing to slump. stock closed up 43% for the day giving extra money as it deals with slow growth and a decline in dial up internet subscriber itz was a down day for broader market. the first day traders have been tibl respond to march's disappointing jobs report. the bloomberg silicon valley index down, shares of ora cell leading the decline z fund raising at sell in the first quarter. the association says 42 funds

raised just shy of $5 billion combined. that is a 35% drop from a same period a year before and recent raised most capitol with $1.5 bill yichblt last week we told you about a potential union strike. the carrier avoided a strike for nouchl the phone giant and communications workers of america have agreed to keep on talking until reaching a new deal on contracts. the contracts affecting some 40,000 land line workers expired over the weekend. health care, pensions and pay are the main sticking points and union told workers two sides are still far apart. from bloomberg study yoes in san francisco, i'm emily chang, dan, back to you. >> and spencer is here with the afternoon's accu-weather forecast. and we keep thinking we've

seen the last gas. this is live view right now of the east bay hills looking west, and there is has been a mild after the noon. there is a big batch of moisture off the north coast. it's working slowly into our direction. we're picking up moisture in the atmosphere now. there is 70 degrees in antioch and there is 68 in san francisco. there is a cooler 55 in half moon bay. rainy and cooler there are thundershowers possible and unsettled weather throughout friday. satellite radar shows

approaching frontal system that is bringing us a good chance of rain developing overnight tonight. and looks like wet, breezy weather tomorrow and we'll have lingering showers and cooler conditions wednesday, and late tomorrow, or wednesday, there is a possibility of thundershowers, starting at 7:00 we'll see clouds continuing to increase and there is some wet shots and will be more wide spread by mid morning. into afternoon, 5:00 we can see really heavy pockets of rainfall and possibly thunderstorms or two. so there is rain giving way to showers, showers throughout the day and we're predicting rainfall of up to an inch and a half in santa cruz mountains

from half an inch and an inch and a half in the north bay and east bay. there is going to be a wet system. low temperatures on the mild side, upper 40s to low 50s and tomorrow, cooler than today for sure, there is rain and cloud cover, highs from upper 40s to -- 50s to low 60s. here is the accu-weather forecast. we'll see, again, rain tomorrow, showers wednesday. and this isn't answering. there it s showers wednesday, more rain thursday, friday. there is a wet week. and there is child and dry weather. this may be last gasp but i'm not going to bet on it next, all he wanted to do was jog a few miles, instead he became an internet phenom. >> steven tiler says he's

changed his wardrobe and you can have pieces of it. >> why consumer groups aren't happy about a law designed to protect people who buy used cars in california. [ female announcer ] what would you call an ordinary breakfast pastry

that's been wrapped in a flaky crust stuffed with a gooey center toasted up all golden brown then given a delicious design? a toaster strudel. pillsbury toaster strudel. so delicious...so fun. mom, we're dying. no you're not, you're just hungry. make some totino's pizza rolls. we don't have any! front... left, totino's. [ male announcer ] well done mom! less drama, more fun! totino's pizza rolls.

>> closed captioning brought to you by mancini sleepworld. this may be a best video you say me. that puppy got into a swimming pool. the mother tried to push her pup over the edge. look at it trying to get out of the pool. that didn't work, she got out and grabbed her puppy by the

scruff of the neck and pulled the puppy to safety. >> a mom is a mom. >> cute. >> so this guy smiled as he ran a 10 k. the man is better known as photo againic guy. a candid photo earned him mention and 60 million articles, tweets and blogs posted online. yes. and in fact this has caused him to deactivate his facebook page. he's ridic plusly photo againic. >> that is a lot of attention. >> and titanic returned to the box office this weekend. but it wasn't enough to pull movie goer ways from "the hunger games".

>> and rachel smith tells us. >> all that titanic did well, hunger games came out on top for the third weekend in a row. the movie took in $33.5 million building to $303 million. and in second came the american pie sequel in, third, titanic in 3 d. when it comes to fashion, steven tyler is always making a statement. >> i'm going to wear this on tour. i feel free in it. it's what i wore for 70s and 80s and 90s. >> i described personal style as old hippy meets new traveler.

country star keith urban is speaking out about his surgery first says he was worried about losing singing ability. but now, he says he's reaching high notes. he'll take the stage tomorrow night in nashville. and for all of your celebrity news go to otrc.com. >> still head on news at 4:00 an investigation into the thomas kincaid, looking at the affect on his legacy. >> i told him we were over. >> the modesto teenager quit school to move in with w.her former teacher reveals what he told her about a relationship with another teenager. stay with us. cu

the mystery over why a world famous artist suddenly died friday had nottestett been answered. >> the coroner performed an autopsy on thomas kincaid, doctors say they'll have to wait on test results before they'll know. going to kincaid's gallery people are still in shock.

this capitola gallery has one of the largest collections of thomas kincaid art. with each sale there is a video featuring the self pro claimed painter of light who died suddenly on friday. >> we're in shock over it. fans are and the public is, too. >> his paintings celebrate faith and family. he's one of the most-collected artists with so million works sold. his death generated new interest. >> you buy it because you like it. >> his cozy cottages and peaceful places with mass marketing have their critics. john ag is the executive director of the museums of los gatos saying he was talented but is aware of the criticism. >> and fluff art. light-heart the art that appealed to a broad audience. >> the family says it appears

he died of natural causes. the coroner says an autopsy might not be released for months. fans and ritics are remembering him for his many chairitable contributions. those who knew kincaid says his death at age 54 comes as he was planning to travel abroad he was going to travel and give art lessons on tv and help people in each country. >> his family says the company, printing the art work and shares it with millions will live on. >> kincaid did have problems in personal and professional live. at 6:00 a gallery owner who knew kincaid well talks about what he believes may be behind his death. >> california's department of consumer affairs says its looking at changing controversial rules about fire retardant. the state senator has been

trying for years to undo regulations. >> when one study found fire retardant chemicals were showing up in california children there was a push to change the rules. mark leno has been leading the fight and until now has been losing. state senator mark leno says he tried change rules regarding chemical fire retardants in furniture foam. >> first year we tried to ban the fire retardants altogether theen, trying to give a choice, making rules like those governing manufacturing of mattresses where layers of flame retardant fabric can be used in place of fo. and last year trying to change the 1975 regulations about the same time a study came out showing chemicals were showing up in california children. >> we were defeated by chemical industry.

>> the companies have contributed $25,000 to the member that's voted last year to kill leno's bill. leno says the same companies are behind videos like this one and a public relations campaign to influence voters. but today the department of consumer after rares told me a new department head staking over and taking a look into making the furniture requirements more like [ loss of audio ]. >> and thanks to folks for tracking down contributions and the department of consumer affairs now says they're looking at changing furniture regulations to make them like the mattress regulations so that those chemicals would not be required and there could would be other solutions, coming up at 6:00 we'll hear from a bio chemist and an expert. >> thank you, mark.

>> and a report from southern california claims a consultant hired by state to research estimates of high-speed rail ridership works for a company that produced those figures. the consultant told the "los angeles times" his relationship with camebridge systems did not compromise his objectivity. ridership is crucial to launching high speed rail in california but critics claim the estimates are unreliable. and believes they're reasonable. >> overseas north korea intends to launch a rocket carrying a satellite this week. but u.s. and other countries believe that that commonist nation is concealing a long range missile test. north korea appears to be ready for an underground nuclear test. state department warned today to stop its plans for the test. >> our position remains don't do it. north korea's launch would be

provocative and pose a threat to regional security and inconsistent with its undertakings to refrain from long range missile launch autos north korea claims it's launching an observation satellite to celebrate the 100th anniversary to celebrate the birth of north korea's founder. >> seven months before the rez yil elections sogs clibt clinton is getting a lot of support to run in 2016. clinton seen here signing an agreement today. san francisco congress woman nancy pelosi said clinton is her top choice. clinton, as you know lost to president obama in 2008 has said repeatedly her present position is her last in public office. and the 3-year-old daughter of republican presidential candidate rick santorum may be released from the hospital at any minute. bella santorum suffers from a

rare genetic condition. santorum, seen here last week as tentatively scheduled events for tomorrow in pennsylvania. the primary there just 15 days. santorum trails mitt romney in delegates by a huge amount. >> there is a new twist today in the controversial relationship between a modesto high schoolteacher and an 18-year-old former student. the story created national outrage. now, the student left the teacher after he was charged with sexually assaulting nornl girl. -- another girl. >> don't don't agree because he was a teacher and i was a student. it's a normal relationship. >> that was the 18-year-old jordan powers last month. today there is a different outlook on her love affair with the 41-year-old man. >> i told him we were over. >> james hooker arrested friday not for the relationship with jordan, the two say nothing physical happened while she was a minor

but allegedly assaulting a 17-year-old student more than a he can yaid -- decade ago. >> i lost everything for this guy. senior year, friends, high school because they didn't agree with me. he didn't have enough respect to tell me the truth. >> in february he was adammant he had never been involved with another student. >> have you ever had relationship was other students? >> never, i'm confident in 15 years there is not a student that can say this happened. >> now, powers tells abc news that long before police knocked on their door, hooker told her about the relationship just not the extent of it. >> he told me that he met herron line. and he hung out with her and then he went to her house and she came out of the bathroom naked its a pattern of alleged behavior jordan's mother waged war against. >> i am angry and frustrated. >> she's trying to pass a law

making it a felony for a public schoolteacher to date a student in the same school regardless of age. >> i don't want another child and family to be in this position. >> hooker pleaded not guilty, posted bail and was spotted over the weekend riding his bike he was just like i love you. i'm sorry. and i'm not even believing a word he says now. >> now, powers moved out of the apartment and wishing for pay back. >> i do hope he pays time for the 17-year-old girl and whoever else is out there. >> abc news, los angeles. >> and as you can imagine, the latest developments generated a lot of comments on our facebook page. lenora wrote stop feeling sorry for this young girl. she knew she was sleeping with a married man. >> and teens you don't know everything and when parents tell you not to do something and feel strongly bit, there is usually a good reason.

you can join the conversation at face.com/abc 7 news. >> and coming up punishment will stick. just ahead final call on new orleans saints pay for pain bounty scandal. >> and we'll visit cafes that are multiplying like rabbits in japan. >> looking towards golden gate, it's mild and dry now. but that picture is going to change. we'll take a look at the rain coming our way tomorrow in the accu-weather forecast. as the news at 4:00 continues.

well this is apparently the last dry day of the week. >> yes. spence jer back with the forecast. >> last dry day of the week we may have dry spots during days to follow. but not tomorrow. rain will arrive late tonight and overnight exwe'll take a look at conditions like this, wet with highs into low 60s. 63, uniformed readings in virtually every location there. on the peninsula 60 in millbrae to 63 in los altos. upper 50s on the coast and of course, wet there and wet in and around san francisco. there is a high of 59 degrees. 57 into the sunset district. north bay, wet weather as well. this may arrive there first overnight and in the morning with highs ranging from upper

50s to around 60 degrees there are highs just about 60, 61 in oakland and there is inland east bay, low 60s and wet there. here is a look at conditions now down near monterey bay. upper 50s to low 60s and wet into monterey bay as well. wet weather today tomorrow, we expect this to be a factor into morning commute and there will be periods of rain. sandhya will give you a look at 5:00. >> thank you. >> and get this. rabbit cafes are multiplying like bunny as cross japan, people turn to them to relieve stress. the bun yeez go about their business and patrons eat lunch. >> one manager says a dozen businesses have sprung up or maybe hopped up across japan since last year's earthquake. some customers credit the rabbits with making them feel

better about life. >> it's important for to you play with rabbits? >> yes. >> it's a stress reliever. he says making me feel better a chance to relax and play. >> do adults need to play more? >> yes. we really do. people get down on life but we can use a place to be happy. >> what? look at this, animal-themed restaurants are not new in japan. there is one where a monkey serves beer and another where customers found themselves surrounded by cats. i don't know if the health department will let you do that here. >> i don't know about that one. still ahead this afternoon, the masters champ who never had a golf lesson. >> everything else except golf. that is what i was fighting. >> he says he's ready to get back to the business of being a new dad. >> concerns today about how jennifer hudson's fame could affect the trial of a man accused of killing her family. stay with us. the news continues right after

this.

jury selection is underway for the man accused of murdering three members of jennifer hudson's family. it's created concerns that the singer's fame could have undue ins under the influence on the jury. >> american idol finalist, oscar winner weight watchers

spokeswoman, jennifer hudson's presence is inescapeable. that is the problem whit comes to selecting a jury in the trial of a man charged with murdering her family. >> she's a likeable person. she's somebody who we look upon as a hometown person. we want to help this person who made it big. >> the tragedy unfolded in october, 2008. the bodies of hudson's mother and brother found shot to death in their home, days later the body of a 7-year-old julian king, hudson's nephew found in a vehicle. the singer's brother-in-law was charged with murders. prosecutors allege he was angry hudson's sfer was seeing someone else, his attorneys are concerned he may not get a fair trial because of the singer's fame, potential jurors pill filled out a survey that included questions such as have you ever watched the movie "dream girls"? >> no different than that was used in the r kelly case or

michael jackson case. >> the challenge continues. after a jury is seated. >> all attention usually is on that celebrity sitting in the courtroom. and that is the biggest challenge to try to shift focus to the witness stand. >> at this point there are no indications that she plans to testify. abc news, los angeles. >> the nfl rejected a request to lift a suspension against sean peyton. the league suspended him after discovering his players were paid bonuses under the table for big hits that ran opponents from games. the commissioner also suspended the general manager and assistant head coach for half of the upcoming season. >> the sharks are gearing up for the post-season.

>> there is some worries and a late push to put on playoff ootz team practices today in san jose before starting a series against st. louis on thursday. >> sweeping all four games between the tweem teems and only allowing sharks a total of three goals, sharks finished on a hot streak, hoping they can keep up this momentum. >> in the past we've got a loss so feeling good helps. and i think now, guys are feeling grai. confident. >> and san jose plays the first home game next monday at the tank. >> go, sharks. people are asking did you see that shot? there is bubba watson's fall baul ended up so deep in the woods he could not see writ was going he had plenty on his mind after he and his wife

adopted a baby boy. >> there are thoughts about live and about new baby. wife. thoughts about everything except golf is what ways fighting telling myself to keep focusing on what you're zpoing not about stuff that is most important. worry about golf right new. >> watson recalled the credo shared with his caddy. if i have a swing, he said i've got a shot. >> and he did have a shot. >> his green jacket looks good on him. >> still head when texting is as good as therapy. there is research from uc berkeley. >> this is not for everyone. >> san francisco live ballet teams up with a rock icon for a production that is, pardon

the pun, out of this world. taking us to a rehearsal, then, at 5:00. >> i want them to seat family of someone who they stole. >> an arrest is just the beginning of his family's fight for justice. we'll be right back here. c c cc the word is swapportunity. can i have the definition? swapportunity: the opportunity to swap a higher calorie snack

for a yoplait light. can you use it in a sentence? mmm. swapping a 300 calorie donut for this 110 calorie strawberry shortcake is a good swapportunity. that's not a real word. oh haha it's real. [ female announcer ] delicious, creamy, yoplait light. over 30 flavors each around 100 calories. do the swap today.

text messaging seems to get a bad representation for distracted drivers but one professor sees an upside. this psychologist reports text benefits patient treated for depression and other disorders. patients feel more connected, mayor cared for and reminding them to take medication. he began the project with a

group he leads at san francisco general hospital. >> broadway has a new king. lion king now the all-time highest grossing broadway show stealing the crown from "the phantom of the opera", no less. the achievement more remarkable is that it took the title despite phantom having a 10 years head start. it's still, by the way the longest-running broadway show. >> this is going to be something. former grateful dead drummer and hall of famer micky hart has joined with a choreographer for a new piece on the new season. >> i do. and don sanchez checks out a rehearsal. >> this is a new work about

the relationship with physical space and incident space. scored by micky hart inspired by dances he finds passionate. >> this man trying for something different soy thought well you've called the right guy. >> the idea man is a dual nature of spirit, matter and how they work together or battle with each other to get to the next level. one wants to be dominant. >> this source is $13 billion years old. it's radiation. i picked them up using telescopes that changes into sound and layers of sound augmented by succession. and there is a moveable wall

that is recycled card board. >> this gives meaning to behind the work. it's richer than merely the look. >> this is considered break through koir yog graphy. hart says don't consider using sounds for the big bang for the score as a science experiment. >> this is not for everyone. you know? playing with the sounds of the deep space. >> this legend begins with the greatest dead. now there is a new cd. >> there is another world of music out there. >> ballet in one space. >> that look goods. >> yes. that is going to do it for us. thanks for joining us for abc 7 news at 4:00. >> you can keep track of the latest breaking news on twitter and talk about it on

facebook.com slash abc 7 news and news at 5 continue nouz. >> this is for young men and women who have been murdered and who will be murdered. >> a family vowed to fight for justice. police search for a second suspect in the murder of an oakland man. >> progress in the search for what causes autism. uc desin activities find a possible link to one condition with the another. >> there is a cool, wetter pattern, i'll let you know how long this will stick around. >> good evening, everyone. thanks for joining us. i'm carolyn tyler. >> i'm dan ashley. abc 7 news first told you during our mid day newscast police got a break in a murder case in oakland. >> making an arrest in the murder last december of

charles butler junior, tonight we're hearing from the family seeking justice in this case. >> nick smith is live with the story tonight. nick? >> this district attorney is reviewing evidence against the man they say is the suspect. tonight the family says they're pleased with progress being made. >> there is a lot of murders could be solved if people would stop the code of silence. >> valerie butler is still hurting. her brother was shot and killed last december. there have been no arrests or suspects until this weekend. >> this good news is great but it's not done yet. there is a lot to do. >> oakland police won't release the name of the suspect only confirming there is one arrest z say they'