it is a rainy april night in the bay area. >> it sure is. showers from this first wave of wet weather stall out. good evening. i'm dan ashley. >> i'm carolyn johnson. it is not over yet. sandhya patel is here with a look at live doppler 7hd. >> carolyn and dan, this system has been slugish to say the least. all day long we have seen this front stalling out over the i want to show you where it is raining right now. as we head into bodega avenue we are get something rain and right around the calistoga area you can see some light rainfall right now. it is pretty widespread and steady in the east bay. also san francisco down the

peninsula. we are getting some moderate pockets of rain here. you can clearly see it around alpine road and they are getting light to moderate rain. we take you down toward the monterey bay where the santa cruz mountains are picking up a little activity. the rainfall totals have been close to an inch. they are not close to an inch. about a third in san jose and livermore is .19. we have more wet weather on the way. i'll let you know if the showers that are in store for tomorrow will impact your commute. >> see new a couple minutes. he was arrested for running down and killing a father and daughter when his car went out of control. now three days later, he is released. lisa amin gulezian is live to explain why he has thought been charged yet. lisa? >> dan, you know, the driver was released at 4:30. he was not charged with anything. and i did get a chance to at least try to ask him some questions before he got home.

>> do you want to talk to us at all? do you have anything you want to say? >> this exclusive video was taken just as the accused driver arrived in his concord neighborhood minutes after being released from the juvenile detention center in martinez. police arrested him on saturday. the 17-year-old is accused of crashing into and killing solomon nuri and his eight-year-old daughter as they road their bikes home. the d.a. had 48 hours to either formally charge the teen orie lease him while the -- or released him while the investigation continues. >> based on the volume of evidence we still need to go through, they wanted to wait until we have the case completed until they made a decision. >> abc7 is not naming the teenager. it is likely he will be charged as a juvenile with two counts of vehicular manslaughter. whether they will be misdemeanors or felonies will be determined after officials get the results of both

toxicology tests and the boy's cell phone records to check if he was distracted or texting while driving. >> i would much rather have them go the route they are going as opposed to slapping charges that don't make sense. i want them to get the evidence. if the kid did something, the truth will come out. >> in the meantime, pain and loss linger. this memorial for the nuri family continues to grow. friends came to pray, place flowers and express anger over what happened. >> it is crazy because what he did basically tore our family apart. so i think he should be prosecuted to the fullest extent. >> it is an eye opening situation that young drivers should learn from this. >> funeral arrangements are set for tomorrow morning in antioch. the family has set up a memorial fund. you can find out more information about that at

abc7news.com. live in concord, lisa amin gulezian, abc7 news. >> thank you, lisa. a jury decided today that richmond's police chief did not discrime it that against or harass seven black command officers. it is a racial discrimination lawsuit that has teaken nearly five years to resolve. alan wong spoke with both sides tonight. >> let's find a way to end this. >> at a sell law bracing, the police chief thanked the city council for voting to fight the racial discrimination lawsuit against him. >> there are some things that i would definitely handle differently in retrospect, but nothing that was ever -- that i think was ever intentionally racist or offensive in anyway. >> in context, the jury believed the chief's comments which will youd -- which included racial slurs were inappropriate, but not racist. he is a plaintiff and a 24-year veteran on the force. >> some of the things that were brought up and some of the things that were said,

they were offensive to me, and maybe to somebody else not in my shoes, it is harder for them to judge. >> there were some inappropriate remarks. i regret them, absolutely. certainly if anybody had ever talked to me about them, i would have apologized. they were said in a context and in an environment with police officers who joke around with each other. >> the jury made up of whites, asians, latinos and no african-americans decided the seven black command officers conspired to build a false racial discrimination case against chief magnus. >> i think people are a little reluctant to deal with the elephant in the room. and i think that is really important. no one wants to take on the issue of race. everybody wants to sidestep it. i felt that is what uh quared here. the -- what occurred here. the jurors nor the city wanted to confront the issue of racism. >> they believe the department is divided. the chief disagrees, but picket and the chief do agree that they can still work together.

>> i hope that they recognize that our primary focus has to move away from our own personal feelings and remember why we are in this job in the first place. >> although i don't agree with the jury's decision and i don't agree with some of the decisions he has made, i will continue to work with him so we work for a brer richmond. >> -- a better richmond. >> it is a case that cost more than $2 million. meanwhile, the plaintiffs say they are pushing on with a federal case to be heard in november. in richmond, alan wang, abc7 news. in san jose, both sides are claiming victory in a court decision on the city's controversial pension proposal. it is a bat tall that pitted police officers and other employees against city hall. abc7's john alston is live outside fire station 9 with reaction from both sides. >> dan, this is all about measure b that would reduce employee pensions. today an appeals court ruled in favor of the union on certain issues. but tonight both sides are putting a positive spin on it.

hours after the ruling city employees were on the job as usual. the firefighters' union claiming victory. >> we are pleased with the outcome. it is what we expected. >> at the same time, mayor chuck reid is applauding the court's decision. >> that's good news for the people of san jose. the voters will make the decision on measure b. >> measure b is the june ballot measure that would reduce benefits for city employees. they say it is illegal and the mayor says it is necessary to keep the city afloat. 24r* have already been layoffs and cuts in services. the 6th district court of appeals ruled in the union's favor saying the wording on the ballot measure was unlawfully biased. the court took exception to the pension reform saying it implicitly characterized the system as defective. >> san jose cannot have a mayor that is above the truth and above the law. it is unacceptable. employees will take them to task. and right now the courts have agreed that the mayor cannot

use his influence to be untruthful and mislead voters. >> the court took issue with language in the proposal that measure b would protect police patrols, fire stations, streets and parks. the city agreed that language will be removed. >> the unions have filed numerous lawsuits here trying to keep it from going to voters, and it is clear it is going to the voters. a superior court has said that and said it several times. >> they are waiting to see what happens in the courts. >> what will happen before the election is you get all of the information and read about it. by then we will see what both sides have to say and figure it out. >> the court also awarded legal fees in favor of the union. the city can mott say how much the -- the city cannot say how much it cost san jose. the city plans to start printing out and mailing the ballot information next month. john alston, abc7 news. >> thank you. san francisco's police chief spent the night

reassuring the worried residents that they live in a safe community. he says it is important that they understand the mass killing of five people there last month was an isolated incident. >> so they don't have to be more anxious than they would be otherwise. >> it is not safe. it is getting worse and going downhill. there are a lot of people that come in and make trouble. >> they said what they had to say. it was pretty much what i expected. >> a few dozen people showed up at the town hall meeting at san francisco's city college. the man accused of killing the two men and the three women found dead at a home near the college pleaded not guilty to the murders last week. they say police have yet to determine the motive, and they are still searching for two weapons they believe he used in the killing. occupy oakland protesters joined a demonstration in stockton demanding justice for the victim of a fatal police shooting.

is. >> as you can see it turned into a confrontation when they started blocking traffic. they had to call in reinforcements before dispursing the crowd. at least one person was arrested. this man got quite worked up as you can see. they were rallying against the shooting of a driver they stopped on friday night. they say his car had no license plates. he was shot to death after police say he grabbed an officer's baton and attacked him with it. an investigation is underway. it was a day for the political history books. >> against all odds we won 11 states. >> rick santorum calls it quits. how his announcement instantly changes the race for president. >> and george lucas' decision to give up plans on a digital film making center. >> and the new all you can fly airline. how one monthly fee will get you from here to there anytime you want. and then later on "nightline". >> i'm juj jo -- juju chang.

when somebody steals your phone it is personal. the crackdown that can help you stop thieves from targeting you. and the discovery that could rewrite the history of jesus' resurrection.

>> closed captioning brought to you by mancini sleepworld. a bomb threat forced a jet to crash from vancouver to seoul. two american fighter planes escorted the boeing 777 to a canadian airbase on vancouver island where it is being searched right now. a bomb threat delayed the same korean flight yesterday. the plane was searched before takeoff and nothing was found then. in presidential politics, rick santorum says he may be gone from the race for the republican nomination, but what he stands for won't be left on the campaign trail. >> while this presidential race for us is over, for me we are not done fighting. >> with santorum dropping out, mitt romney is unchallenged as the pre sum tee republican

nominee with his focus on president obama. >> i am actually convinced he is out of ideas and he is out of excuses. so in 2012 it is our job to make sure he is out of office. let's get him out. >> at a campaign fundraiser in florida president obama was also setting his sights on november. >> and i am not even here just because i need your help. i am here because your country needs your help. >> newt gingrich and ron paul vowed to remain in the republican race. a new poll shows if the election were held today the president would win 51-44% over mitt romy into. mr. obama is especially strong among women leading 57-38%. a south bay choir teachers teacher is accused of using an ink pen with a hidden camera to spy on his students. he was sharp paw roaning a school trip over the weekend when they say he used the spy pen to tape girls aged 13 to 17 as they undressed in a

hotel bathroom. he has been arrested on suspicion of producing child porn and he has been suspended from his job with the san jose-based youth choir and salinas high school. george lucas is vowing to pressure from his neighbors. they report that lucas has dropped plans to build a huge digital film making complex on his 52-acre lucas valley ranch. the nearby homeowners said it would destroy the natural peace and quiet. lucas will instead try to sell the land to developers to build the low income housing. a new airline is rolling out an all you can fly service. santa monica-based surf air plans unlimited flights on the executive aircraft between los angeles, santa barbara, palo alto and monterey. you must register and pay. for $800 a month they will be given unlimited travel. last month about 20 million frequent fliers flew between san francisco and l.a.

the founders want to capitalize on that market and they hope to soon expand to more cities. >> interesting concept. even if it comes with all you can eat peanuts. as you noy it is raining out there. >> it sure is. let's check in with sandhya patel. >> dan son concerned about the foo had. dan is only concerned with the food. we have rain in the north bay. as you can see around highway 1 it is raining. inverness to petaluma and highway 101. spotty in the north bay. we still have rainfall from san francisco down the peninsula and out toward the concord and alamo and livermore area. want to take you in at street level. in san francisco it has been raining steadily and you can see bay street and geery boulevard is pretty wet right now. the rainfall has not been very heavy, but it has been steady down toward third street as well. and in the santa cruz mountains we are getting moderate to heavy rainfall beginning to develop just now. here are your temperatures, speaking of now in the low to

mid50s. and our highways look like this, scattered showers and a slight chance of thunder. the next storm arrives on thursday, and it is going to hang around through friday. this front has been hanging around. this cold front has been hanging out and that's why we have been seeing the rainy weather. the front will kick on out of here as this area of low pressure approaches on wednesday. and this will be the trigger for the possibility of some showers and isolated thunderstorms. on thursday we are looking at another round of rain coming in here, and it is this system coming out of the gulf of alaska. that's a colder storm that is lowering the snow levels. we have the showers as we head into your morning commute. actually it is not looking bad at all. we will see a few showers as you can see here. santa cruz and morgan hill and toward fairfield and we will see sunny breaks later in the morning and heading into the afternoon. redevelopment of some showers clearly indicated by the computer model. and it is off and on sunshine

and showers and instability in the atmosphere through wednesday night. and beyond that as the next storm moves in here. the rainfall totals through wednesday night. a quarter to of a han inch in the santa cruz mountains. expecting another 10th to a quarter for the peninsula and the north bay. this does not include the thursday storm which will, like i said, linger into your friday. the winter weather advisory, 1:00 a.m. wednesday to 10:00 a.m. thursday. 5 to 10 inches of snow is expected about 5,000 feet. travel difficulties are possible. another storm coming in on thursday will produce higher snowfall amounts. the colder nature of the system. the system is expected to bring us snow in the next few hours and is not expected to be a big one for the high country. so the overnight readings are very much like this morning. upper 40s to low 50s, real comfortable to start off the morning. make sure you have your umbrella first thing in the morning and your sunglasses. you will be seeing sunny breaks in the afternoon. the temperatures are coming up a little bit.

upper 50s to low 60s and around the monterey bay, scattered showers as well. upper 50s to the low 60s. here is a look at your accu-weather seven-day forecast. showers tomorrow, sunny breaks. could see an isolated thunderstorm. a rainy day on thursday. showers on friday. it is the giants' home opener. right now i would count on cool, showery weather, saturday, dry, warmer on sunday and monday temperatures coming back to where they should be this time of year. tuesday will see a little cooling. but like i mentioned, it is the big giants home opener on friday. they are going to win regardless, right? >> might be a little sloshy. >> we don't expect it to be a rainout, just scattered showers. >> coming up, the rude awakening in a southern california neighborhood. >> what happens when a pedestrian comes face-to-face with that bear.

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if that happens. here is terrific video of a land base predator surviving his prey in suburban l.a. this black bear was meandering through la crescenta minding his own business when here comes a guy minding his own business and it just spooks him. he was testing his boss to say he would be late because of reports of a bear. he was found tranquilized and returned to the wild. >> that's a bizarre sight. >> you don't normally run into a bear on the way to work. >> let's talk about the giants. they didn't play today, but they fell a half game in the standings thanks to a former a's pitcher. and speaking of the a's sloppy conditions made for sloppy play against kansas city. sports is

the a's had a lengthy

meeting. the stall tactic didn't help them suspend play. he is deep to right off graham godfrey. this is what collins do, my friend. fair play. cane slams into the wall and robs him of at least a double. he was halfway to third and tries to get back to first. the a's with one hit. the royals gett on the board. a deep fly to right center. there in time and off the glove and up the arm and into a puddle at the bottom of the wall. billy butler scores. game is called few to rain. royals win it 3-0. former acahill getting a start. six innings and two hits allowed but six walks. young had his back. more balls thrown than strikes. the game goes to extra innings and young doing it with defense and offense, a walkoff

2-run homer 4-2 arizona. giants are three games back. guillen has never been afraid to speak his mind until now. he has been suspended five games by the marlins for making what were construed as pro fidel castro comments. guillen apologized to the see of mim me, the cuban-american community and all latin americans for saying "i love fidel castro." the quote appeared on "time" magazine's website. he said he he was thinking in spanish and speaking in english and promises never to talk politics. >> this is the biggest mistake i made in my life. when you make a mistake this big you can't sleep. you constantly think about it for four days. if i don't learn pr this mistake, i am 48 years old, then we can sit back here and you can call me dumb. >> the sharks play the last of their schedule in december --

desperation mode. it is a season-ending four-game win streak. now comes the contrasting styles. they lead the league in goals per average. a stingy defense allowed 1.9 per game. they were second in the league in power play. who ever plays to their strength best wins the series. >> we are playing a good team. maybe we are the under dogs, maybe not. we have to play well. we have our number, so that means we have to play a tight game. >> first round starts thursday night in st. louis. >> the giants are three back. they have 158 to make up. >> they sure do. plenty of time. thanks, colin. >> "nightline" is next. i'm dan ashley. >> i'm carolyn johnson. keep track of the latest breaking news on twitter at abc7 news bay area. >> we will be back for colin rush, sandhya patel and larry beil. thank you