city was not negligent. report says five people were ejected. two crew members were injure but survived. of the 3, 2 died at the scene, one later at the hospital. the city attorney reports highlighted information. included is that 6-year-old did not have her seat belt buckled when the plane crashed. the body found outside of the jetliner. it was determined that she had been run over by two trucks the report also says the other teen who died on the runway may may not have had her seattle sooet belt on. >> analysis of the seat belts suggested they were still intact and by our belief had in the been used at the time of the accident. >> the report implies a flight

attendant did not check to see if everyone had seat belts on. a passenger testified to investigators that nguyen was not wearing her seat scombelt a flight attendant told her to puck buckle up but she did not recall him reminding anyone else. >> this information points to the fact that we believe this passenger may have been ejected during the aircraft. >> the finding is that physical trauma was the direct cause of death of the passengers but the report contradicts that they found that nguyen was alive and likely died from being run over by the fire truck. >> there is injuries condition sis stent with being run over by a motor vehicle.

>> hastings law professor says what we're seeing is a city legal position against future claims. >> you can see they're trying to disclaim response yiblth. but it was not negligent. >> there has been conflicting reports of what happened that day. some argue the 16-year-old nguyen may have been carried onto the runway the city report says two crew members were ejected. we've reported previously that the number was three. the city attorney declined our request for interview and calls for attorneys and asiana airlines were not returned. >> vic, thank you. a san francisco firefighter filed a legal claim against the department saying top brass tried to blame her for the death of an asiana passenger reporting

that the 16-year-old survived the crash only to die when two fire trucks ran over her. 49-year-old elise duckett was driving the second truck. she says her staff told her she needed to admit and take responsibility for the death ask that the driver of the first truck said the department told him he would not be investigated and had nothing to worry about. now, duckett accuses the fire department of discrime nation because she's african american and a lesbian the spokeswoman fwhot comment but says hays-white continues to be proud of the member that's respond that had day. >> a search for a gunman that shot an 81-year-old woman inside of her home along laguna avenue along the diamond district. we're live with more. allen? >> wow. who would shoot an

81-year-old defenseless woman? neighbors tell us she lived in the home 40 years, here herself around 10:30 when police say an intruder kicked in the front door. now, police aren't giving us details as to what happened once the man got inside but next door neighbor tells us sound of the shots was so loud he thought something big hit the side of his house he says police explained mrs. cannon startled the intruder who drew his pistol, aimed and pulled the trigger. >> so he shot her in the right shoulder the bullet went through her wall, and went through the common gate of the fence. and then, hit our house and dropped down. >> the brazen nature was enough for the police chief to show up here the suspect described only as african american male, six feet tall, 170 pounds armed with a

handgun. neighbors tell us she is a relatively healthy 81-year-old woman but tonight she's in stable condition with a gunshot wound to her shoulder. >> allen, thank you. >> a group of silicon valley investors is offering tech companies $1 million to improve gun safety the smart tech challenge looking for solutions to control access to firearms and prevent accidental shootings. a grip-sensitive handgun only let's owner pull the trigger. a study estimates there are 1.7 million homes with unlocked and loaded firearms. one company developing biometric locks for fingerprint scanning. >> it will allow them quick access. and prevents others from

ak session it. >> ron conway says he got involved after the sandy hook shooting. >> a memorial service under way for a bart police officer shot and killed last week. sargeant tom smith died after being shot during n evidence search inside of a dublin home. >> i'm in hayward. behind me private viewing is just wrapping up. we can hear bag pipes being played in the background this, was the scene this they were greeted by a somber

salute. tomorrow, detective who fired that fatal shot. >> i know he's taking it hard. >> the brother of michael mays told abc7 news his family is devastated by what happened last week. we're doing the best we can to get through this together and really pay respects to the family. >> police identified mays as the bart officer that accidentally shot and killed officer tom smith. >> detective mays as expensive background in criminal investigations where he received extra training and experience. >> in 2013, 200 sworn officers

named incidents but draw firearms on 40 occasions. telling us michael is holding up under circumstances. >> it's unimaginable. it's tough for the family. i'd like to say we're worry. >> mays confirmed that the family will attend services for sargeant smith. >> officers will patrol bart stations so personnel can attend the funeral. they want to be there in person..

>> so rare were sargeant smith and family of the dangers they had a rule about what they would say to each other whenever they would leave either other's company. you never say goodbye. only tell each other be safe. >> the viewing runs until 9:00 tonight. the funeral tomorrow morning at 10:00 at neighborhood church. in castro valley. >> a fire they were flying to cover another story. a propane tank exploded moments after the chopper and firefighters arriveed and you can see what happened. nobody was hurt.

fire to increase staffing all over the state. many will be in santa clara and san mateo county. three bay area counties are going to be asked to stop using so much money. voting on a call for a 10% reduction in use starting saturday, and these are voluntary at the moment. they could become mandatory. we will get some rain tomorrow, that is the good news. abc7 news is finally tracking rain. >> yes. finally. a taste of winter coming to the bay area.

you can see it in the shot behind me. let me she you in the radar here. measurable rain and sprinkles is gone now. but not for long. taking a look at morning rush hour expecting drizzle to the north bay. possibly around the coast and tomorrow afternoon, 1:00 p.m we can see rain line shifting south ward into clover dale. i'll let you know how long you're going to need umbrellas and how much rain you're going to expect. >> using live doppler seven hd to down load information >> just ahead looks like something out of a dust bowl happening in the north bay. >> up next damage, how it could

be hitting you in the wallet. >> the controversial partnership the boss says is necessary >> over the counter pain relievers the government says one may be safer than

postal workers kicking off the first protest in the nation to rally against a deal between u.s. oeftal service and >> it's staples, successful in

stocking those units with workers and our opinion is located in this city. >> the spokesman says the postal service is doing everything it can to stay in business. ate lous us to stay viable. >> san francisco mayor ed lee with a special box as the first lady of michelle obama. saying quote anita and i admiring white house east room. excited for sate of the union. the governme governments the white house produced behind the scenes speech with a speech writer and

a top aide. abc7 will broadcast the state of the union address and response tonight beginning at 6:00 p.m about 40 minutes from now. so tune in to see that. >> and michelle obama will be ragz money for democratic national committee a silicon valley company reached a settlement calling on firms to pay $2 million to deal with contaminated ground water including reimbursing epa for past clean up work. solvents tainted past ground water for building circuit boards at the site. >> now, uc san francisco getting a bill and melinda gates foundation grant of nearly $3 million for a project aimed at reducing premature births it's a wireless monitoring

system for early screening. >> fda says aleave may have a lower risk of heart attack and stroke. experts say that is because of the main ingredient, naproxen. a panel will ask antiinflammatories with naproxen should be relabelled. >> california drought hurting a major source of income for the state. grape goers are taking steps to avoid the disastrous year. we are live from napa with the story. leanne? >> the crops should be taller than what it is. interesting and weird things.

must have had yard should be taller than this. this is all caused by the drought. >> napa valley preparing for what may be one of the worst years in the history. typically from july 1st to january 31st, rainfall levels in napa tend to be close to 15 inches. currently at 2.9 inches. with no rain there is hardly any cover crop. dominic is a vineyard manager. >> they have caused buds to come out early making crop vulnerable to frost. by now this area is

filled with water. growers are assessing how much they'll need oochl they set up to allow them to irrigate within blocks. >> if there is no significant rainfall growers will have to begin thinning out vines. >> with a smaller yield that would have impact on wine prices. in this situation growers are optimistic. >> there is some rain. >> looks like it, right? >> we're going in the right direction. we need moisture. cloud cover, yes. but radar getting ready to track the rain

tomorrow might. and coming to the area, san francisco, 60 63 and this belongs on a postcard. incredible view passing through. just a quick ridging high pressure building in to give us milder weather. from our camera you can see clouds stacking up. rain arrives tomorrow night. we're looking at snow that will measure. here is a system developing. milder weather, showers coming in wednesday night going into thursday. this system is a warm

system. 5:00 p.m wednesday, cold front well north of us around 9:00 p.m into north bay. this is tomorrow night. the rain is not going to be hef yeechl really light rain. you'll hear it. 5:00 a.m on thursday down into san jose. thursday evening we'll see rain in the north bay that will be scattered showers into 8:00 p.m thursday. rainfall a tenth to a total. winter storm watch starts tomorrow night running until thursday. higher elevations 8 to 14 inches of snow. prepare for

travel delays. this is winter driving conditions we're expecting. tomorrow morning comfortable start in terms of temperatures. mid-40 50s. afternoon highs upper 50s to mid-60s in san jose. looking at the accu-weather forecast it's what we wanted to see which is rain showers continuing into evening hours and will be a break but not for rain. we have a system coming close to the coast. and heads south. >> right. >> if it does rain maybe we'll

get some. >> yes. yes. >> we're desperate for anything rain, right? >> share it with us on twitter or intagram >> coming up next a rare public appearance by mark [dad] [lau [boy] mom!ughs] [mom] yes? [boy] whoa,whoa,whoa... [mom and dad] [laughing] [boy] whoa,whoa,whoa...

[mom] you've got two left feet,boo.

mark zuckerberg was the star at the fifth open computer summit. when he speaks you know the industry listens >> ten years ago next week that mark zuckerberg released a version of facebook at harvard. >> there is a conversation it's awesome now there is this utility and community at school. some some day someone is going

to build this, it didn't occur to me it could be us. >> the past present and pew tour of the company were on his mind today he spoke to thousands in technology industry. current initiative is the open commute xoout project. and energy consumption. >> there is 40,000 homes in a year and same amount of emissions. >> norman young supports the partnerships. >> because it's moving fast. the secret would be useful for this period. this is not useful anymore. >> this new innovation is known as internet.org. >> our goal to bring affordable

services to everyone in the world. >> when you think from a world perspective and two powerf powerful. >> in san jose, abc7 news. >> still ahead here at 5:00 a celebration for new citizenship. >>

the besis that millions of ra 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. abc7 news is sponsoring a

job fair at the hotel on gateway place in san jose from noon to 4:00. we have details on abc7 news.com >> before we go we want to welcome a group of new citizens to the uchlts -- united states. >> these are so emotional. a chorus of "star spangled banner". newest members of our nation were sworn in. >> they attended a ceremony at san jose state campus, coming from 31 nations around the world. >> they include chiena, israel, nigeria, brazil and uzbekistan. welcome. >> that is going to do it for us. thanks for inviting us into your homes tonight. >> from all of us here we appreciate your time. world news is up next. >> and followed immediately by

the state of the welcome to "world news." tonight, from the nation's capital. and it is a frozen nation. parts of this country, facing a once-in-a-generation storm. the national guard called to duty in the deep south. and already, more than 200 accidents in 1 city alone. state of the union. can president obama put more money in the pockets of middle-class americans? seasick. news about the way the virus spread on that cruise ship. and what the company told passengers that now has them even more upset. and speed trap. are the speed cameras getting it wrong? look at this car, stopped at the light. but the camera says he was speeding. tonight, drivers fight back.