>> good afternoon, everybody, i'm larry beil >> the police chief took questions from reporters about the fatal friendly fire shooting of officer tom smith. hope is that he would clear up the mystery about what happened. >> laura, it did not clear up questions going in. did he? >> reporter: no. he didn't, larry. we've learned very little new about this investigation. but the police chief did announce a new policy change effective immediately. in the wake of the shooting, that is

that detectives must get written permissions before a search like tuesday's. apparently there was only a verbal go ahead from a supervisor. how that would have changed the outcome is unclear. >> that would be troubling for me. boy have to see what is the reason. >> reporter: without confirming whether it's true, the chief did tell reporters he would be upset if the two officers inside of the apartment had not activated their body cameras. >> as far as whether on or off, we do have a policy. rarting what expectations we have with our personnel are required to have those cameras on. >> reporter: accord together san francisco chronicle, their sources claim they had lapel

cameras but did not activate them. lany would not comment whether the sargeant who killed sargeant smith did so out of fear for his safety. >> those questions will be asked and answered. >> rainy did officially release the name of the officer who fired shots, detective michael mays a 26-year law enforcement veteran. smith's funeral is on wednesday in castro valley. >> a san francisco police officer pleaded not guilty today to child molestation and possession of child pornography charges. officer hastings is accused of molesting a 15-year-old boy between june and august of last year. he was arrested after the boy was caught sneaking out of his house to meet with the officer. he says he met the boy online and thought he was of legal age. >> the family of a girl hit and killed by an suv on new year's eve filed a lawsuit against

uber. the 6-year-old was struck crossing a san francisco street the driver said he was working for uber but the company maintains it's not liable and denied coverage for the victim. in a previous statement, uber said the driver was not providing services on the system during the time of the accident. uber refuses to comment further the family attorney just wrapped up a news conference about the lawsuit and abc7 news reporter leanne melendeez zil a live report at 5:00 a college student is facing federal charges in a bomb making case arcs rested in pennsylvania on charges of possessing a weapons of mass destruction and for growing pot as well. vic lee is live now from belmont. vic? >> reporter: this is the high school where he graduated last year. the students we spoke with who knew the 18-year-old say

they were surpriseed and shocked when learn egg -- learning he had been arrested he was arrested on friday at his apartment in altuna, pennsylvania, a freshman at penn state. police found the device when they found to investigate a report there was a marijuana grow operation there we spoke to his mother briefly behind the closed doors of their family home. she said the fbi and federal prosecutors reviewing this case. charging documents say two devices found in his apartment exposed fuses. they say he planned to set them off in a field. here is what one student told us about it. >> he is a good guy overall. i never saw anything wrong with him. he just seemed like a regular person. i would never expect something like this from

him. >> he he is being held on $500,000 bond, he was visited in jail by a local attorney who said he found him articulate, intelligent and focused on his education, that is a quote. vic lee, abc7 news. police arrested twin brothers they say fatally stabbed a man outside of a birthday party sunday. they were taken into jail for homicide. a family members says the victim was stabbed to death trying to break up a fight. they were sell brath his girlfriend's 21 birthday. >> we're experiencing our first rain in nearly a month. >> hardly going to put a dent in the drought. >> yes. >> we'll get rain finally and

will come this week. live doppler seven hd picking up clouds and moisture in the clouds. it's a good sign that things are changing. we've had fog this morning and cloud cover now. clouds increase tomorrow morning there is a chance of drizzle and a chance of drizzle continues into afternoon hours. for yu kaia and clover dale area. looking from our exploratorium camera, cloud cover, stacked up, mid, high level clouds around sfo. here is a look at the forecast. cloudy skies, cool this evening. temperatures into 50s in the morning. 50s and tomorrow afternoon partly to mostly cloudy. we'll see temperatures rise just a little bit. i'll be back with timing coming up. >> silicon valley's largest water provider expected to approve conversation pal polsys tomorrow including a 10% reduction in water use

the water district is not expected to spring. >> we're hoping to get good rainfall in february and march. and the snow pack but it's not too early to be thinking about how to pitch in to save. >> the agency provides drinking water for nearly 2 million people, officials are citing successful campaigns in 2007 and 2008. >> first lady michelle obama invited a list of guests to sit with her during the state of the union address. >> president obama said collins announcement marked a point prof gres for the gay community. >> and the state of the union

will be right here beginning at 6:00 in the evening. >> san francisco giants third base coach handed the family of brian stow a check for 96,000s thdz weekend. also fronts an irish rock band that held four concerts for stow, who suffered brain damage after being beaten outside dodger stadium. he is donating sales from his album to the cause. >> still ahead on abc7 news at 4:00 why a pimp says nike is responsible for a violent beating that landed him in prison for a hundred years. >> and new at 4:30 muni bathroom battle. costs to keep buses running on time when the driver has got to go. >> also, michael finney taking

your questions and will be here to answer them live. you can contact michael on facebook.com and on twitter. >> and taking a look at traffic right now on the skyway, it's about as smooth as it gets for drivers heading out of town, southbound on 101. it's a crawl for those folks trying to make their way east.

one of t is that millions of peopleia will qualify for financial assistance. it's important to remember that the lower your annual income, the greater financial assistance you will receive. enroll now at coveredca.com.

the presidio will meet to discuss developing the site beside chrissy field. the three proposals are a museum by star wars creator george lucas, a cultural sent scombrer a facility to study sustainability and has the option to approve nothing there. a portland pimp filed a lawsuit begins nike claiming the shoe manufacturer is partially responsible for a brutal beating and claims nike should have placed a label warning consumers they can be used as a dangerous weapon. jurors found him guilty for using his shoes as a weapon to beat up a john. >> despite record sales of iphones and ipads apple stock

fell today. apple sold 26 million ipads and five # million iphones during last quarter of 2013, however, expected to sell 55 million phones. so as a result the stock dropped 5% in after hours trading and closing today at $550 per share. >> southwest will be soon flying outside of the united states. the airline began selling tickets to international destinations by morning. passengers will be able to saik take southwest to aruba, jamaica and the bahamas and atlanta, baltimore and orlando. also has plans to offer flights to mexico and south america in 2015. >> millions of americans are trying to stay warm as subzero temperatures grip much of the mid west. you can tell it's cold when you look at layers of clothing people in indianapolis are using. schools closed today

in many communities across the mid west. cab drivers reporting people hailing them for just short rides. >> avalanches cutoff residents in the town of valdez, alaska. the road is the only land route in or out of the area and could be closed for a week. valdez is not far from prince william sound the site that have devastating exxon oil disaster in 1989. >> we have weather issues here, fisherman say baby salmon are facing certain death because of a decision made by a northern california hatchery. 800,000 salmon have been released by the coleman hatchery. the fisherman

say the salmon will die because of low water levels and they want the hatchery to release them farther downstream. iets going to matter in year 2016 when these fish come back as adults if we lose them this year because of drought we zoent a fishing season in 2016. >> it would put 20,000 fishermen out of work. tonight you'll hear from the federal agency and they'll explain why they proposed releasing baby salmon to the ocean. >> it's been tough and we've been waiting for rain. >> yes. spencer is off, sandhya is here. step by step. >> going baby steps. and we'll bring in rain so it's going to be rain measuring and i know some areas haven't seen rain.

we'll talk about the moisture into the atmosphere. you where it is, light, trace amounts but we're watching a sign of changes in our pattern. looking perfect our tower camera, there is cloud cover and clouds stacked up from low to mid to high level. it's into low 60s in redwood city. and cloud cover on top, it's cool in petaluma. so we're out of the record territories. we're looking at cloudy skies there cloudy tonight and morning drizzle. a chance of rain wednesday afternoon and evening.

here is a view of the pacific satellite picture. this stays north coming through bringing us rain between wednesday and afternoon. here is our computer animation. wednesday evening it's north of the north bay. we can see drizzle in that area by thursday morning, rain line shifting south. right now, the rain looks light but continues to move through. the morning commute does not look good. we'll have another impulse on friday. we'll take anything at this point. 10:00 thursday morning this is what we're measuring. 15/100ths to half an inch in the north bay. it tapers, you're in the rain

shadow of the santa cruz mountains. less trace amounts to 5/100ths. will not make a huge dent, as a matter of fact won't make a dent in deficit. take a look. san jose needs more than five inches there oakland over nine. santa rosa is staggering. livermore needs over six inches tomorrow morning, give yourself time for the commute. it's going to be drizzly in spots. you'll need extra time. temperatures low 40s to low 50s. partly to mostly cloudy skies. low to upper 60s across the bay area. a look at the accu-weather forecast, it's a huge change from what we've seen in days past. at least there is rain on there wednesday afternoon, evening, going into thursday morning a slight chance friday

morning. a dry pattern but notice temperatures nowhere near records we've been dealing with. so finally, some change. >> i saw drops on the ground. >> i know. i know. >> this is about time >> just frame of reference how much in terms of inches does one storm bring? >> it varies. that storm is trace amounts. so could >> if we get hefty storms now we're making a dent in deficit. trace amounts isn't going to do a lot. >> thanks sandhya. >> up next the funny approach non-google employees are taking thanks to the shuttle bus controversy. >> what hillary clinton has not

done since 1996. >> taking a look at

is that milla is that millions of people will qualify for financial assistance. it's important to remember

that the lower your annual income, the greater financial assistance you will receive. enroll today at coveredca.com. feeling the beat carolyn? >> carrying google employees, a group made up of three non-googlers called cash box produced this video. buses happen to be the subject of a serious debate. some activists

oppose corporate shuttles using city bus stops to pick up and drop workers. >> take a look at this video showing the city of san francisco like you've never seen it before. really an mazing view from around the city and surrounding areas. this stop motion video released in the spring with 2 million views on you tube. we have a link for this full length version on abc7 news.com. >> very relaxing. >> yes. love it. >> she's headed back to her old stomping grounds. rosie o'donnell will be a guest on "the view". she will be the first time she returned since being the host of the program in

2007. >> her tenure on that show was marked by controversy, including conflicts with donald trump and co-host elizabeth hassleback. barbara walters saying she has great affection for her this, is walters' last season on the view. >> being called new york super bowl but sunday's big game going to be played in east rutherford new jersey the town of only 9,000 and nfl transformed time square into super bowl boulevard everything is a walk around, mini city there isn't a banner in sight in east rutherford the mayor had to order a sign. do local leaders feel they're being shunned by the league? >> you kind of used to it. and you know, you accept it. life goes on.

>> is there a new york, new jersey rivalry here? >> our pr answer is i am next to the biggest city in the world because that is how i make my living. >> nfl saying there are more actual activities planned in new jersey than are scheduled for new york. >> and the game today for madden video game has peyton manning as game mvp. the video game has a super bowl record of 8-2 over ten years. they've been pretty good. >> so does that change your view? are you going sea hawks?

>> i haven't made a formal prediction. >> last week you're saying seahawks >> things change day by day. i can't be pinned down this early in the week. >> we'll get back to you then. still coming up allegation that could make people who play angry birds angry. >> more bathrooms for muni operators but is it worth the cost? >> church break in has thieves after the blood of pope john paul ii. and later... >> volunteers have been busy cleaning up los gatos creek. they got a reward last week. they have video of

hales corners, wisconsin. nice pass by alyson dudek. and she does! e 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. [ male announcer ] add a u-verse wireless receiver today. ♪

this is a problem drivers have been living with and complaining about for years. >> yes. there is nowhere to go when nature calls we're live where there is word relief is finally on the way. carolyn? >> this is something most of us don't have to worry about. but pity the poor muni drivers who spend all day behind the wheel, maybe some relief is on the way.

>> where do you go if you're on the go and you've got to go? muni drivers that drive this line into daily city. >> sometimes we have to stop in the middle of the road and go into a restaurant or place like that to use rest rooms >> it's a serious problem for the drivers who only have 21 agency rest rooms around the city. >> how long do you have to hold it? >> could be an hour. 09 minutes. if you're late you've got to keep going. >> muni drivers historically used gas stations but those are now few and far between the plan now to build 30 prefab units only accessible to muni employees a supervisor committee approved two for the bay view today, each

costing $170,000 but muni believes impact on reducing delays will be priceless. >> because service sim pacted when they have to get out, stop sxfs put the bus on hold. >> until then, muni contracted with a few businesses to allow drivers to dash in there for relief. >> some >> they should install real rest rooms. we're real people we need comfort. >> by spring, six so called operator convenience stations could be up and running so the drivers won't have to. >> a maryland mall with a 19-year-old man shot and killed two workers on saturday before turning the gun on himself

reopened today. shoppers were able to sign memory books in honor of the victims and there was a memorial banner. investigators are trying to piece together where the shooter opened fire with a shotgun. >> at this point we haven't been able to establish there is a relationship between our shooter and victims. that is frustrating. >> police say they have reviewed a journal written by the shooter and said it expressed his general unlapiness with his life. >> this week the olympic torch is making its way through russia that have been hot beds for terrorist activity . >> reporter: the olympic torch is making its way to sochi. today it moved into dagastan.

tomorrow, chechnya. both areas are home to a islamic militant movement. russian officials continue to insist it will be safe. >> it's a wonderful place for olympics first. secondly it's not close to a war zone. there is no war zone in russia. >> but one u.s. lawmaker says he has major concerns >> putin talked about the ring of steel around the venue once outside of the convenient yu or going into venue to venue there is real vulnerability >> russian officials have been searching for this 22-year-old woman. identified as a so called black widow suicide bomber. there are concerns she may have slipped past the security around sochi. experts say trying to stop a suicide bomber is a tough challenge. >> there is no technology, this

is not fool proof >> one member of a figure skating pair says the trip is a dream come true and they're focused on the performance but the threat looms large. >> we travel overseas we try not to wear our team usa jackets out siechd you don't know what is going to happen outside of the village. >> the state department's diplomatic security will accompany athletes to he sxrents stay on site during the competitions. >> documents linked by edward snowden suggest spy agencies are using smart phone apps to track people across the globe the documents published today by "new york times" and others show us us and british spy agencies can harvest data from apps like angry birds and google maps. the nsa says does it not profile every day americans as it

carries out foreign intelligence missions. >> a royal caribbean cruise liner heading back to port in new jersey now because of a virus that made 625 passengers and crew members ill. passengers started complaining last week. >> just felt like one of the worst stomach bugs i've are had. i'm disappointed because we were looking forward to this all year. >> officials boarded the ship in puerto rico over the weekend the symptoms are consistent with noro virus. royal caribbean says the ship has been sanitizeed and passengers will be given a refund. michael finney has tips on how to protect yourself when taking a cruise if it means getting travel insurance. >> italian police and sniffer dogs are hunting for a stolen

holy relic that contains blood of pope john paul ii. they took a cruise fix and the relic, containing a piece of gauze soaked in the blood of the late pope the church is located in an isolated spot east of rome. >> still ahead the government investigation into toyota camery hybrid but first... >> some of the best moments from the grammys including a megawedding. what one couple is saying about it, today. >> today's 7 on your side q & a is just ahead. you can contact me on facebook.com and on twitter at m finny. i'll answer questions here live in just a

moment. >> i'm sandhya patel from our east bay hills camera, clouds over mount diablo and rain is on the way. >> taking a look at traffic this is interstate 80 here, looks like rain is about to fall. very great. traffic moving in a slow pace for drivers heading east. it's heavy for folks making their way into the city.

a group of tourists taking pictures of a wildlife center has no idea action was happening behind them. >> the bull elephant may have executed what could have been the greatest photo bomb ever. the elephant handler managed to get them to go up behind them. they notice the elephants in the room. and they were surprised. >> they don't want them that close to you. but wow. >> it's >> the serenaded by madonna and joined in ma tri moany by queen

latifah, 33 couples tied the mot. that included a handful of same-sex couples >> one couple says it did not overshadow the moment. >> to walk in just before and be surrounded by just audience members and celebrities, and everyone wishing us congratulations and seeing everyone in such an emotional state was just touching. >> that was an amazing moment. there were other buzz-worthy moments from beyonce. and jay-z with that, also. but there was a smoking number. to boys of daft punk teeming up with stevie wonder. and tonight abc's world news unmasks daft punk, coming up at 5:30 here on abc7 >> now change is on the way. >> yes. sandhya patel is here.

>> we're going to be seeing rain here. just watching clouds what we call verga but we're going to get rain. right now tracking cold they're dealing with bitter cold tomorrow afternoon, high only minus two in minneapolis. 20 for new york. a cold front continues and we'll be seeing changes here as well. you can see showers there. 54 in tahoe. rain-snow chance. it's going to be mild. 74 degrees. here in the bay area, temperatures tomorrow after morning drizzle, low to upper 60s we'll have a cloud cover around. heading towards wednesday afternoon-evening, is when we're going to be seeing our first rain moving in. we

see more showers. so we need rain. every bit counts at this point. >> thank you. >> still ahead on abc7 news at 4:00 numbers about dangers of guns and how many children are hurt every year. >> hillary clinton had many titles. what does she think about being called grandma? >> can a credit card company charge a fee to increase a line before copd... i took my son fishing every year. we had a great spot, not easy to find, but worth it. but with copd making it hard to breathe, i thought those days might be over. so my doctor prescribed symbicort. it helps significantly improve my lung function starting within five minutes. symbicort doesn't replace a rescue inhaler for sudden symptoms. with symbicort, today i'm breathing better. and that means...fish on! [ female announcer ] symbicort is for copd including chronic bronchitis and emphysema.

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a study suggests gun related injuries are a national problem for america's children. almost one child or teen child is injured every hour by a firearm seriously enough to go to the hospital. 89% were males between

15-19, and of that group, black males were ten times more likely to be hospitalized and 75% of the hospitalizations caused by inintentional injuries >> reports that power assisted brakes can fail at times . national transportation safety board says it's received 59 complaints and reports of two crashes with no injuries. this agency says it causes more pedal pressure to actually stop the car. investigators trying to determine if cars should be recalled. >> faa ordered inspections of all boeing 67 jets and wants to check out the who ary sontal flight control surfaces. these

parts have not been linked to accidents but they want to check them. >> seems yoga could be a way for many breast cancer survivors deal with side affects. researchers looked at 200 survivor who's took yoga classes twice per week. follow up tests showed they hat more energy and less inflammation. the study appears in journal of clinical onkolg. >> hillary clinton addressed issues big and small today in new orleans. clinton told national automobile dealers association that attack on benghazi, libya was her biggest regret. she called robert gates a good colleague and says the main take away is her admiration for both presidents obama and bush. on the lighter side clinton says she looks forward

to being a grandmother. >> there is a reason we keep adding dogs. we call them our grand dogs you know? we now have three. and too much more time goes by we may have more. i'm not sure i can take all that. >> clinton's daughter turns 34 next month. another light note, mrs. clinton says last time she drove a car by herself was in 1996 calling it a disappointment. about having a public life. you're not missing much, hillary. >> you're not. >> michael finney is here to answer questions you've sent to him. cheryl he mailed is it legal to charge a fee to increase your line of credit? >> wow. >> i don't know. i can't imagine very many people would go up with that. let's say you want to

charge it up to 500s sxrudz a limit of $250 they'll say give us another $250 they do something like thachl but i've never heard of it. i know of no law against it. >> i've experienced that. for my daughter. and they wanted to charge for the privilege. >> how much? >> i think about a nominal fee. but i wasn't going to do it. >> it's for younger users. >> i'll look into it. >> this is another one i could have writ yevenlt i purchased make up and not told it was not refundable. isn't everything in the u.s. always refundable? >> you or your daughter? everything is not returnable across the united states. here is how it works in the state of california. as long as they tell

what you rules are they're allowed to do anything they want. if that makeup counter if it was printed before you got the receipt so next to cash register up on a wall, somehow, you'd know that you couldn't return it. they're allowed then to do it. otherwise they've got to take it back within seven days >> this one linda m. can a department store advertise two for $22 ask charge $13 if you only buy one? >> this is a weird day for questions. that is the third question on a law final i had the answer is, yes. but no. no, but yes they have to charge half if it's a two for one deal unless it's in print that near the same size as other $22, 2 for $22. they have to tell you they're going to charge more if you buy just

one. >> thank you. >> sure. >> up next sighting in a creek that has wildlife groups celebrating. >> i'm dan ashley. coming up at 5:00 school officials work to reassure parents after a first grade teacher is arrested for allegedly serving her colleagues marijuana-laced food. >> controversy over giving condoms to prisoners. those stories and more when cheryl and i join you for the news at

one t is that millions of peopleia will qualify for financial assistance. it's important to remember that the lower your annual income, the greater financial assistance you will receive. enroll now at coveredca.com.

here is a look at tonight's prime time line up. it's the bachelor, then castle followed by abc7 news at 11:00 >> nature lovers excited about a clean up that brought a beaver back to that area. >> dived louie is live now near the habitat.

>> you're going to love this story. hard work to remove debut paid off. >> steve holmes is the founder of friends of los gatos creek. the creek filled with debris, discarded cups and plastic containers which makes for a hostile environment for fish and wildlife. >> they're eating bark off trees they eat plant matter. trees and bark is their food source. >> here is the proof this, is night vision of the beaver foraging for food and dragging tree branchs this is shot just last week. the

exa exact spot is being kept under wraps >> it has been prepared. >> by repaired holmes means clean up the friends of los gatos creek mobilized volunteers and the volume may surprise you. >> it's one we pulled four tons out at park avenue. >> what about this site? >> eight tons out of this one side iet appears clean up led to chinook salmon sightings going upstream. that discovery is a big reward for volunteers. >> this touched a cord with the community. and a >> david louie abc7 news. >> thanks for joining us for abc7 news at 4:00. >> i'm larry beil. abc7 news at

5:00 begins right now. >> thank you. next at 5:00 uber facing a wrongful death lawsuit is the car service dodging responsibility for a 6-year-old girl hit in a crosswalk sth >> and major changes after the accidental shooting of a sargeant by a fellow officer. >> i'm sandhya patel. weather pattern is changing meaning rain i'll have timing coming up. >> a wrongful death lawsuit has been filed against uber. >> that suit is response to the death of a 6-year-old girl on new year's eve. she was hit crossing the street with her mother and brother in san francisco's tender loin district. we are live with the story tonight. leanne? >> this is more than a wrongful

death suit. this may change the way uber does business. lawyers will argue every time a driver looks up and then responds to a fare he or she has now become a distracted driver and that goes against california law. >> the 6-year-old was in this crosswalk. police say a 57-year-old hit her. the driver worked out of his own car for the service uber. >> this is the very center of the business.

>> the suit claims uber is responsible for the death because the driver was on the app at the time of the crash. athe company insists it's not responsible because the driver was not providing services on the uber system. there was no passenger in the car the company is denying insurance protection to cover him and the family. on demand car services like uber are regulated by public utilities commission. taxis in san francisco fall under jurisdiction of the city. san francisco supervisor jane kim says it's time to scrutinize the so called transportation network companies. like uber. >> it's fair if you turn on the uber application or another application for ride share as a driver then you're