>> announcer: right now breaking news. charged with murder that means that we believe, we have probable cause to believe that he exhibited the kidnapping and murder of sierra lamar. the investigation into sierra lamar's disappearance ends the way nobody wanted. authorities say the 15-year-old morgan hill teenager is dead. it is now 4:30 on this tuesday thanks for joining us i'm kristen sze. i'm eric thomas. a 21-year-old man in jail charged with kidnapping and killing sierra lamar. >> let's begin with terry mcsweeney. >> reporter: this is a case that had bay area riveted for two months plus one week. now investigators say they've solved it. unfortunately, the suspect has been booked not only on kidnapping but also murder. take a look at the suspect,

21-year-old antolin garcia-torres of morgan hill arrested last evening at a grocery store in morgan hill. he's been booked on kidnapping and murder charges. santa clara county investigators not releasing the exact sequence of events leading to arrest. but they are confident he is the person. right now they believe the only suspect in the kidnapping and murder of 15-year-old sierra lamar who disappeared march 16th, on her way to the school bus stop. her body has yet to be found. the key piece of evidence that volkswagen jetta found this month. garcia-torres is the owner. the sheriffs talked about it last evening. >> there's significant evidence associated with the jetta. we have had had jetta. we were looking for people to tell us where they've seen the jetta before the crime, the

day of the crime and after the crime. we wanted to see if there are more people that know where he goes, what his habits are to add additional information to our investigation. >> reporter: the sheriff saying this case is far from over. she asking the public to still come forward with any information about the whereabouts of that red jetta with the black hood over the past couple of months. volkswagen jetta, garcia-torres, the owner of that. they have their suspect. they do not have the body of sierra lamar. much more information coming out this morning at 8:00, here at the sheriff's office in san jose. we will have that live on abc7. terry mcsweeney, abc7 news. >> deputies arrested garcia-torres last night at the safeway store in morgan hill. amy hollyfield continues our live team coverage with reaction from the community. >> reporter: witnesses say police came into this safeway

with guns drawn and arrested antolin garcia-torres without incident. this was about 6:00 last night this is where he worked. the sheriff's office said he has been under surveillance but the public safety is the main concern. with the arrest happening in such a public place, several people saw it go down. it was about 5:30 i was at work we saw cops and guns drawn, i couldn't see anyone if they took him away, just saw the cops. >> what see? >> just cops and cop cars. all really fast. >> reporter: the sheriff said her office has been doing surveillance on him but her office wanted him in custody because "we don't want to see anyone else hurt or other little girls tan." investigators interviewed -- garcia-torres for three hours last night. the sheriff did not say whether they have information

about where her body is but she does hope people will continue to look for sierra lamar. amy hollyfield, abc7 news. sierra lamar disappeared march 16th, on her way to a school bus stop near her morgan hill home. hundreds of volunteers began almost immediately the first clues her purse with some of her clothes and in a different location her cell phone. a reward fund grew, reaching $25,000. the search included terrain around gilroy, including lakes and reservoirs. the first break came two weeks ago when investigators found the red jetta now linked to her disappearance. investigators have scheduled a news conference for 8:00 this morning. we are going to bring it to you live. stay with abc7 news and abc7news.com for continuing coverage of this major development in the sierra lamar disappearance case.

san francisco fisherman recovering after being rescued from a cliff. last night firefighters had to repel over the side of the cliff to rescue that man. he tried to venture down to get closer to the water but got stuck. once rescuers got him back up top he was taken to a local hospital. the berkeley police chief's possible abuse of resources being questioned after several detectives worked overtime to find the chief's sons stolen iphone in january, somebody stole his iphone from his locker at berkeley high. the phone was equipped with tracking software so the chief ordered his tkeublgts to track it down. they searched the area of 55th and san pablo in north oakland but couldn't find it, it cost two hours of over time for each of the four officers involved. a police spokesperson says that is not unusual some berkeley leses have a different view. >> that does sound -- that

does sound excessive. >> if everybody is allowed to get their cell phone that way, that would be great because i've lost a number of cell phones. >> police chief meehan is already under scrutiny for sending an officer to a reporter's home at 1 a.m. to ask for changes in a story. there's ongoing investigation into that incident. bay area labor lawyer due in court to face charges from the fatal hit-and-run of a bicyclist. spencer freeman smith is charged with vehicular manslaughter and leaving the scene of an accident. the 57-year-old was killed may 15th, while walking with his bike in dublin. brings traced the serial numbers found on pieces of the car left at the scene the vehicle was a new mercedes belonging to smith. police found it in his garage with extensive front end damage with wife of san francisco sheriff ross mirkarimi is setting the record straight in an interview with the i-team's

dan noyes. dan flew to her hometown of venezuela over the weekend to meet her and her son and talk about the domestic violence case against the sheriff. >> all these stories about pushing, grabbing, all that i was going outside that is not true, that never happened. >> where did that come from? >> i don't know. imagination of someone. >> you can see more of dan's exclusive interview with eliana lopez tonight on the abc7 news at 11. we are expected to find out later this morning about the warriors are leaving oakland and moving to san francisco no confirmation or denial by officials. the owner of the java house at the piers said they are going to build an arena several tents and chairs have been set

up for what looks like plans for an announcement. mayor lee has been pressing the warriors to build a privately financed arena in the city when their contract in oakland runs out in 2017. katie marzullo will have more in the next half hour. white house is offering congratulations to spacex flight controllers in southern california after this morning's historic rocket launch in florida. >> announcer: and launch of the spacex falcon 9 rocket nasa turns to the private sector to resupply the international space station. >> the rocket lifted off from the cape canaveral station in florida before 1:00 this morning in is the first time a private company has launched a rocket to the international space station. it is due to dock in a few days to deliver half a ton of provisions. >> before only governments have done it. >> that's light.

4:39. we are seeing drizzle this morning. did you use your wipe there's morning? >> i did not but fog on the bay bridge. >> fog thickest along the coast some working into the bay area, a little moist in those areas along the coast also the peninsula, east bay at least the shoreline into the east bay valleys not as thick clouds as they were yesterday moist in the north bay several reports of drizzle there. temperatures mild from the mid 50s to low to mid 60s around antioch and san stpaeufpl you are leaving now that's what to expect. 7:00 mainly in the 50s, everybody dealing with cloud cover and patchy drizzle. noon most of the clouds pull back to the coast where they will stay for your lunch hour mid to upper 50s along the coast into san francisco, low 60s oakland mid to upper 60s most of the bay shore.

4:00, clouds still stubborn along the coast patches of sunshine upper 50s to low 60s mid to upper 60s bay shore to the south bay low to mid 70s end land by 7:00 mainly 60s -- 50s along the coast clear temporarily before more clouds come in tonight high amounts of tree, gross and -- tree, grass and mold. ragweed moderate. temperatures drop another 5 to 10°, mid 50s at the coast mid 60s around the bay low 70s inland friday the coolest day. good morning. live shot of the bay bridge toll, there is a fog advisory for the bay bridge mike was telling when he drove across it was a little misty. here at the tolls clear. also early morning fatal accident across the san mateo bridge. that has been cleared within the last half hour. lanes are open, fine in both directions. here's a live shot of the golden gate bridge you might

encounter fog out of marin county. no major accidents now. there's roadwork going on in the south bay northbound 17 connector ramp to northbound 280 scheduled to be blocked until 6:00 this morning. look for lanes blocked on highway 17 in both directions at the summit. it is 4:41 now. oakland school police force gets the attention of the u.s. justice department, not in a good way. the violent encounter leading to a federal investigation. big selection expected today in the search for a replacement for former alameda county supervisor nadia lockyer. >> first the wrath of shareholders, this morning the anger of congress. the heat jpmorgan executives will face today over a three billion dollar trading loss. 3q from the wildflower valleys of yellowstone

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live look, looks clear here earlier this morning we encountered fog on the bay bridge mist and fog mike will tell you where coming up. federal grand jury is looking into a fatal shooting by an oakland school's police sergeant last year. the justice department has not disclosed the nature of the probe but stems from the shooting death of 20-year-old rahim brown. police sergeant shot brown seven time saying he saw brown trying to stab another officer with a screwdriver. a female witness denies the stabbing occurred. alameda county board of supervisors holding a special meeting today to select at least three vying to replace nadia lockyer she resigned april 20th, she said she needed to focus on recovery

from abusive relationship and to raise her child. the board has until june 19th to appoint someone or that will go to the governor. eight have submitted applications. the three selected today will be interviewed next week. the board is expected to make its selection june 5th. in a couple of hours from now the first federal hearing on jpmorgan chase begins on capitol hill. the banking committee will hear from two regulators head of the sec and commodities future trading commission. [ unintelligible ] jpmorgan chase's ceo jamie dimon is not scheduled to be at the hearing hess expected to testify next month. 4 -- 4:45. president obama and mitt romney hit the fundraising trail. who a new poll says would win if the election were held now. skill or luck?

crash landing of a small plane that almost ended in disaster. big change in medical advice given to men for years. why doctors now say men should skip a common test for prostate cancer. record this tower opening in japan can claim today. e@e@e@q what's my secret for sunday lunch?

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welcome back. clouds at the coast today upper 50s there mid to upper 60s richmond, san francisco and san mateo everybody in the 70s antioch and fairfield could crack 80 around the country upper 50s around seattle mid 50s portland low to mid 70s boston new york to near 80 d.c. and st. louis 108 in phoenix couple areas of severe weather in the southeast also upper midwest

laguardia and philadelphia are report flight arrival delays now. with the thick clouds around san francisco i would imagine sfo will have delays. our flight tracker abc7news.com at the bottom. 4:49. this morning federal investigators will begin scouring the wreckage of a small plane that crashed in a southern california neighborhood. the single engine cessna crashed into the yard of a house in glendale. the pilot reported a rough running engine the cessna sliced through power lines, knocking out power to the neighborhood. the pilot was the only personal onboard he was injured and is reportedly in stable condition this morning. president obama's reelection campaign that feeling the pun 67 of a new poll with the election less than six months away the president looks vulnerable. according to a new poll the job approval rating has slipped to 47% on the economy

only 16% of americans say their financial situation has improved in the past three years, 30% say they are worse off. the poll shows the president locked in a dead heat with mitt romney. the president will return to the bay area tomorrow to raise more money for his reelection campaign. the president was last here in february with way memorable visit to chinatown for take-out. tomorrow his visit will include a fundraising dinner and large rally he's also attending an american round table at garden court hotel in palo alto. the world's tallest tower opened to the public in tokyo yesterday. dignataries held a ribbon cutting ceremony at the sky tree the structure is more than 2,000 feet high, making it the world's tallest tower. 32 million visitors are expected to visit the observation deck at the top every year. it is not the world's tallest

building. that distinction belongs to a skyscraper in dubai. a mile is 5,280 feet, 40% of a mile, right. >> great memory there. i want to say going out on a limb if that tower were in san francisco this morning you may not be -- able to see the tippy top. let's take a look outside. 4:51 looking at clouds as we see the financial district on the right of your screen the ferry building in the middle and bay bridge which we can see the top of now we couldn't earlier.á#m8v half moon bay quarter mile visibility best chance of drizzle santa rosa four mile visibility everybody else dealing with low clouds and

patchy drizzle temperatures mild 61 san jose 65 antioch everybody else mid to upper 50s monterey bay inland salinas low to mid 50s gilroy about 60°. today bay and inland mostly sunny afternoon, coast stubborn with clouds. cooler breezes wednesday, thursday, friday weekend warmer and calmer. cloud cover extensive this morning it will hang that way through the commute by 9:00, a quick retreat back to the coast around 11 or 12 even there pockets of sunshine will develop but you will be stuck in the 50s, 60s and 70s dominant -- dominate most neighborhoods. solano, fairfield, pittsburg, antioch low to mid 80s. mid to upper self feels through the san ramon valley towards livermore. -- fremont 73 oakland

san leandro and newark 70 mid to upper 70s south bay cupertino and santa clara 75°. mid to upper 60s millbrae and san mateo breezy along the coast mid to upper 50s. low to mid 60s downtown and south san francisco towards sausalito with mid 70s through the north bay valleys. 63 and breezy monterey, 75 at santa cruz inland 81 in gilroy. another chance of showers around eureka 59, tahoe sunny 66 hot palm springs 106, 70s around l.a. and san diego. coliseum tonight we won yesterday 60 dropping to 537:05 that first pitch keep dropping -- into the upper 40s to low 50s tonight most of the clouds at the coast tomorrow morning. sea breeze kicking up and dropping temperatures two to 10 degrees by friday saturday

to monday temperatures warm 8 to 10°. going to be a rollercoaster of temperatures. i ran into some construction this morning frances. will anybody else? i think so on 680, live shot traffic flowing well this is southbound near north main towards highway 24. as you continue the ride walnut creek past highway 24 through danville lanes blocked in both directions until 5:00 between danville and san ramon lanes scheduled to be blocked until 6:00 this morning with a couple speed sensors you can see it is not causing much of a delay. check out the ride in the bay, very clear here as you head southbound through san rafael past the marin civic center towards 580 no problems down to the golden gate bridge live shot in san jose. the northbound 17 connect o'--

connector out of the santa cruz mountains that ramp is blocked until 6:00 this morning. 4:55. expanding recall of bagged lettuce it may be tainted by listeria no one has been reported sick. the lettuce is sold a variety of brand names. the bags are dated may 12th through the 22nd. all pulled from shelves. you might have some in the fridge in which case you want to throw it out. federal health officials have released new guidelines for prostate cancer screening urging doctors not to use the popular psa test to detect the disease. the concern is the test doesn't save lives and may cause many men with harmless cases to get unnecessary and aggressive treatment. critics say fighting prostate cancer with over treatment can cause distress, incontinence

and sexual dysfunction. four california medical marijuana patients are considering a further appeal after losing a battle in san francisco. three-judge panel rejected their argument that the americans with disabilities act should give them the right to get medical marijuana to relieve severe pain they argued for an exception to the federal ban on pot and recent crackdown on dispensaries in california where state lauper mits the use. schwarzenegger is giving his wife maria nothing but complaints -- but compliments. the couple announced their service last may he says they have a great time raising their four children together he says maria has always been an extraordinary mother we get along well. the two split after schwarzenegger admitted to fathering a child with their longtime household staffer. following breaking news in the south bay where authorities have made an

arrest in the disappearance of sierra lamar. what investigators are telling about the man arrested for her murder. >> the expected vote that could give thousands of minimum wage workers in one bay area city a big pay raise. we'll be right back.