good in the oakland hills a private security guard confronted an open fire on a burglar on the 4400 block of waterhouse road. good afternoon, everybody, i'm larry beil. >> carolyn tyler is live with the latest. carolyn? >> reporter: carolyn, not as much information as we can give you as we would like, but just before noon this morning police are saying a private security guard shot a suspect in the leg, nonlife threatening injuries, the suspect burglarizing a home here in the oakmoore neighborhood. police have been all afternoon, going door to

door. their preliminary investigation found the guard who work was a company called security code 3 confronted a suspect. police sate man threatened the guard with an edged weapon, perhaps a screwdriver. now, these private guards are the latest crime-fighting tool many oakland neighborhoods are now hiring because they feel oakland police department is stretched too thin or not doing the job. they want extra protections with home break ins on the rise. >> we've been pleased with our guard you know? this is, we've never had an issue until now. so... >> i think i'm going to need to get a lot of bigger dog and iron fences this, is a wonderful neighborhood and a lot of good people. so this is scary >> if that were me boy have shot the guy and killed him. i would

have just shot him in the leg. he'd be dead. >> police were able to recover some of the goods, a telescope and two flat-screen tvs. they're sitting in a yard but homeowners there the yiements were not stolen from them. one officer told me there was perhaps more than one home hit but we've not been able to confirm that. >> thank you. we're following breaks news in the east bay now. uc berkeley health officials are holding a news conference to warn the public about possible exposure to the maes yelz a cal student became sick after a trip overseas but before being diagnosed he went to class for several days and commuted on bart. anyone who used bart during morning commute and late evening hours between

february 4th-february 7th was potentially exposed to the disease officials say he traveled down el cerrito and say he was not vaccinateed against maes yelz. outbreaks are still rare in the united states because of wide spread use of the maesels, mumps and rubella vaccine. health officials declared it eradicated in 2000 but without vaccination, it's highly contagious. if one person has it, chances are 90% of the unvaccinateed people around that person will get it the symptoms include, fever, runny nose, cough and a rash all over the body. one in ten will develop a ear infection, one in 20 gets pneumonia >> and in the kidnapping and murder of morgan hill teenager sierra lamar, garcia-torres's

friends packed the courtroom. garcia-torres indicted by the death of lamar the body has never been found that, would pose a problem for prosecutors. legal annaist stephen clark says the grand jury helped prosecutor as void a pretrial hearing. >> the process speeds up this case. there is a sense in this community this case is stuck in first gear. and now, i think the d.a.is saying we're ready for trial. >> the defense wants the grand jury transcript sealed a judge expected to make a decision on that, and set a trial date, april 16th. >> cal osha launched an investigation after a mechanic was killed here at the equipment and services on marina boulevard at nine nirt this morning. officials say he was working underneath a front loader when the vehicle flipped off tracks

and fell on top of him. the company has not been cited before. >> turn together weather, talking to relatives back east getting smashed. another blizzard. here it continues to be gorgeous >> so sunny out there. >> what a nice, mild winter. some locations topped 70 degrees but to the north an area well north i should add, an area of rainfall around riverdale well north of fort bragg. question is will sprinkles move through the bay area? start agent 5:00 this afternoon, during late night hours it's possible that sprinkles could move through the north bay. so here is a forecast looking live

from mount tam onto the bay and across the city. partly cloudy skies tonight with areas of fog late by afternoon, mild weather with partly to mainly sunny skies, high temperatures from 60s on the coast and 70s into mildest inland locations. i'll take a look at when we can expect the next measurable rainfall. >> northeast and mid atlantic cannot catch a break from snee snow and freezing rain. 20 deaths are blamed on the storm. and thousands of flights will be cancelled. >> bart police chief is defending his officer use of a taser on a man who appeared to be drunk and combative. >> the incident happened last month at millbrae station we're live now with more. laura?

>> part policy says a taser should only be used when a suspect poses quote an immediate threat the police chief told us his offic officers use was justified. others not so sure. >> this cell phone video taken by a rider daysing a man passengers reported was drunk on the night of january 29th. inform the beginning the man identified looks like he's being confrontational with a police officer dayses him. later, he dayses him again. >> surprised at continuation of

the daysing. >> he thinks the second daysing is particularly trouble some. >> first daysing may have been appropriate but the second daysing, though he wasn't that cooperative that, doesn't mean you get to just days him. he wasn't threatening anyone else. the chief believes his officer acted within department policy. >> when he didn't comply, he tried to have the suspect stand up and remove him from the train the suspect spun around and faced him. that is when the officer daysed him. >> as is routine, the department's independent police auditor will investigate. >> there is a big push underway

new to stop what feels something like open season on pedestrians in san francisco. >> four have been hit and killed by vehicles so far, this year. this year is not that old. >> yes. >> today one group took a public stance saying enough is enough. >> on the eve of valentine's day, citizens and law enforcement stand shoulder to shoulder, holding red paper hearts. each represents a traffic fatality. some read "survivor". john lowell hit in a crosswalk in twun. >> leading injury was traumatic brain injury. from this collision i went through the air, roughly 20 feet then landed on the pavement and did a roll. >> now an advocate for pedestrian safety he is promoting engineering, education and enforcement. the director of

mta says updating streets can't happen overnight but they're working on it. >> to enhance crosswalks and we're going to ramp up that work. >> sab fran police in charge of the third "e". enforcement. >> more is coming but we'd rather not that be the answer we'd rather the answer people change behaviors. >> including drivers slowing down, everyone putting down cell phones and paying attention. in addition to people hit and killed, those who are hit and injured face permanent damage. >> i've come a long way, and gone through many phases. i'm able to walk again. i'm able to wake up, each day. >> 60% of the fatalities happening on just 6% of the city streets. most dangerous areas in

the tender loin. >> a wrong way stolen car chase turns into a personal matter for an officer. >> take a look at the world's largest solar plant. how does it work? how much energy does it make? >> and you'll hear from a teenager survived a 3500 foot sky dive plummet. what she says about that accident. >> taking a look at traffic it's heavy in both directions. abc7 news at 4:00 continues right after this.

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this video shows how things did not work out well for a jewelry store thief. one case would not break. he decided to give up, however, bulletproof glass and door would not give. then, police arrive minutes later. they couldn't get in, either. so everybody had to just sit and wait until the store manager arrived there he is, the thief sitting on the floor waiting to give up. he did, peacefully the cops made their way inside. >> chp officers led on a chase through two counties this morning. >> nobody was hurt but the story is something else. a 25-year-old stolen car suspect is taken into custody after flipping this

honda prelude following a wild high speed police chase through two counties. >> the individual tried to go the wrong way. we're able to intercept the individual and get him off the freeway this was damaged when they did a pit maneuver that failed >> we tried to get the individual before he crashed. >> chp officers say the suspect, a wanted parolee was armed with a gun. >> just coming down here to see if anything was salvageable. >> he just retired from chp. >> we have seen how long it's gone through my family. my youngest son had it in los angeles stolen, recovered and we

just kept it as a spare getting ready to donate it. >> kurt johnson may donate now to a salvage yard the suspect faces multiple charges. this morning he was spotted driving that stolen car, solo in a carpool lane. >> and in oakland a man driving a stolen u-haul pick up smashed into parked cars. it happened across the street from highland hospital. >> all of my mugsic equipment smashed to nudging and on the street he wanted to dry to get away. someone helped him down. his legs felt like noodles.

>> no word on his condition. >> big change for facebook, giving users more options besides male or female when it comes to gender saying it's meant to recognize transgender and gender nonconforming individuals now, users can choose from 50 custom terms. facebook will allow users to keep gender private if they like. facebook is working to come up with appropriate terms for other countries as well. >> largest solar plant of its kind in the world switched on today here in california. take a look. this is a massive solar electric system in the mojave desert. it covers nearly 5.5

square miles and use mirrors that angle sunlight atop water boilers and can can produce enough power for 140,000 homes. one group is suing federal agencies saying they ignored environmental impacts >> love birds enjoyed a early treat today. >> a biologist passed out heart shaped valentines in golden gate park. the pengiuns usually take them back to nests and i'm told that can encourage couples to breed. if i had only known it's that easy. >> if you were a penguin, perhaps it would have been. >> the valentines get used as nesting material. most seem to like them. >> they're walking past it. they're ignoring it completely. but otherwise a good time was had by all >> one is right there. >> yes. >> let's dmek with our valentine

on the roof top. >> i love it and i love the weather. this is mrety pleasant. lots of areas of sunshine. taking a look at drought watch there has been modest improvement. you can see drenching rains there has been some improvement. and here is a live view from our roof top camera. low 60s in san francisco and oakland. upper 60s redwood city. 72 now in los gatos. and

temperatures mid-60s in santa rosa. upper 60s in fairfield. partly cloudy skies, these forecast features sprinkles are possible overnight. some weather likely to produce sprinkles here. this next system likely to bring us rainfall. by 4:00 rain moving through the north bay and pushing through central bay area, then by midnight and into sunday morning rain will be tapering off. then by sunday morning at 10:00 we'll

be drying out. and we need it nonetheless. overnight, couple areas of fog. tomorrow a mild day as well. it's a light chance. high temperatures mid to upper >> 50 chance of rain tuesday and wednesday with a cooler pattern by thursday. active winter pattern with mild temperatures >> coming up next, dancing with the stars karina smirnov.

sharing her personal journey about parenting. >> and showing what muts can do at the westminister dog show.

ta 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. we're following breaking news in dallas, texas. this fire started around 5:15 local time we're told firefighters under the process of evacuating the building and there are no reports of injuries. you can see looks like the build sag loss.

>> moving on "dancing with the stars" kary. na smirnov confronting a personal decision. >> for 17 seasons she daze yeld on "dancing with the stars". >> you have dreams beyond the dance sfloor >> it's natural for a woman want to be a mother >> after her share of failed relationships, including one with fellow "dancing with the stars" pro, being a mother let alone getting married seemed a long way off. you have come close to getting married a couple times? a few times? >> the currently single 35-year-old decided to freeze eggs to use later when she says timing is right and documented

each moment on video. >> you're not a fan of needles. >> no. i passed out the first one took me an hour to stick the needle inside. >> why did you decide to freeze your eggs? >> my profession is dancing. and i love what i do, but i know i want to be a mother. >> after 12 days of injections she was ready for the egg retrieval. >> we're on the way to do the procedure >> how did it go? >> it went very well. we got 21 eggs. >> he says it is possible they can last indefinitely but the chance to harvest them is finite. >> we like to do it before a woman is 35 >> do you think in the end it's worth it?

>> 100%. it's scary. but it's something that, like you know you are doing it for yourself. you feel empower by the the fact you that were able to give yourself this opportunity. >> you're one step closer to the family you always wanted. >> i am. i am one step closer. >> still to come a massive recall by general motors and a deadly problem involving key rings. also... >> i think god has plans for me. >> a teenager recalls a fall 3,000 feet to the ground after her parachute failed to open. >> you lied to police. trying to cover up a murder. we're comfortable with that. you love another man? well, now you've got too far.

a sportscaster's defense of a college player's decision to announce to the world th

at least 20 deaths being blamed on a powerful storm sweeping across mid atlantic and northeast. >> 6,000 flights grounded by the

storm, two of the hardest hit airports washington dulles and reagan national airports. >> 43 departures have been cancelled today. look at the damage. a gas station can yopy gave way. it's been a costly winter with one storm after the next. >> here in central park, nine and a half inches of snow fell earlier in the day followed by hours of rain. that is a dangerous combination the sun has set. 11 governors from georgia to maine declared a state of emergency. snow totals

on par with 2010 storm with the nation's capital shut down, belt way transformed into a ski resort. in this weather a train derailed. in chesterfield they say they're running out of space to put the snow. >> the road and sidewalks keep sidewalks open. and >> this is the first multi as snow gives way to ice a new danger emerges. in georgia, 400,000

after nine inches fell. in the northeast, powder changing to rain, clinging to sidewalks and power lines and a more dangerous aspect of winter. ice. you can tell, many have experienced worst winters than they've had so there is still a lot more ahead. >> tough winter. thank you. the great lakes set to break records for ice and cold. nasa released this picture of the lakes. the last time the great lakes were covered in this much ice was 1979. >> now, a second zoo is considering killing a giraffe, you'll recall copenhagen zoo

killed a live giraffe and fed to it lions in front of a crowd that included kids. the zoo says they did it to avoid inbreeding. another zoo says they may have also euthanize one of the giraffes so the females do not inbreed >> cameras captured the moment when a sink hole opened up national corvette museum swallowing up eight vehicles chevolet says it will restore as many of those classic cars as it can. >> a texas teenager is recalling a frightening fall last month. the 16-year-old survived after plummeting 3,000 feet to the ground when her parachute failed to open. i remember looking up

and seeing a complication with the parachute. i started kicking my feet and looked up. it wasn't fix soing i tried to pull it apart. i just was not strong enough to fight the wind i just remember screaming and blacked out. and i don't remember anything else after. that >> she suffered major internal injuries and can now walk and doctors say she is doing mazingly well. mckenzie says she'd like to sky dive again but her parents and friends are against the idea >> i would say no. >> a sportscaster is coming out and here is what dale hansson had to say >> michael sam would be the first openly gay nfl player in

the nfl says he knows there will be problems several officials telling "sports illustrated" it will hurt him because a gay player won't be welcome in an nfl locker room. it would be uncomfortable because that man's world you beat a woman scomb drag her down a flight of stairs pulling her hair out by the roots you're the fourth guy taken in the draft. players in hotel rooms with illegal drugs and prostitute, we know they're welcome. players accused of rape and paid the woman to go away. lie to police, trying to cover up a murder, we're comfortable with that. you love another man? now, you've gone too far. >> this comment teary has generated a lot of discussion. i know dale, he's not afraid to take on big issues and carries a lot of weight in and around dallas area.

>> coming up at 4:00 for get those boring school closing calls the funky rap parody two teachers made up next. >> we can see clouds in the sky, nice breaks in bluchlt might tlb a sprinkle or two tonight is in the answer coming up. >> a live look at the afternoon commute. heavier northbound on the left-hand side of the screen. heavier than usual southbound on normal thursday afternoon. stay with us. back with more on abc7 news at 4:00. if you've got copd like if yathing's hard. know the feeling? copd includes emphysema and chronic bronchitis. spiriva is a once-daily inhaled copd maintenance treatment that helps open my obstructed airways for a full 24 hours. spiriva helps me breathe easier.

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take a look at this, a gold fish driving it's own gold fish around on this buggy. a dutch company came up with this. a camera tracks the direction the gold fish is swimming then steers the robot car accordingly the creators say by swimming towards an object the fish can explore the world beyond limits of its tank. >> does anyone think it knows he's steer something >> i don't think so. >> it's odd. >> days of a simple robo call for students is over >> now, administrators are getting creative. listen.

♪ [ music ] sleet falling down like a million missiles, bringing cooler days and early dismissals ♪ deadly roads might be so stay in your house and drink hot tea ♪ >> please make them stop. >> two administrators busted out with their parody of the vanilla ice rap "ice, ice baby". >> school officials in kentucky did that bohemian

was one that was great. >> they might want to cancel schools playing vanilla ice tunes splendid weather around the area. cruel winter weather has been pounding the northeast today. more rain developing along coastal areas. there will be a trail of ice and snow behind the national weather picture looks like this, cold, snowy and snow continues on the coast. here is the weather for california tomorrow, rain in the northern part of the state. wet

around eureka. the rest of the state will be sunny, and dry tomorrow, here in the bay area look for high temperatures open the mild side. near 70s around the bay. and highs around 60 on the coast. cary and care yes lynn? >> still ahead a teenager battling brain cancer catches what could be the best wave of his life. >> comcast ask time warner want to merge. what will that mean for your cable bill and blood

officials there are not giving us a person's age or gender or saying whether that patient had under lying conditions. this is the sixth flu death officials remind us this year's flu vaccine is

particularly effective in fighting the virus. >> the proposed biggest merger of two biggest cable providers has raised concerns. >> taking a look at the possible impact on we're talking 30 million subscribers. >> yes. it's unbelievable. comcast buying time warner for $45 billion in stock both companies say they expect that to happen later this year. consumer watch dog says it would give a nonnop pollee and end up raising rates and other as agree. >> it's going to end up hitting you in the wallet. if you don't like dealing with the cable guy, just imagine the cable guy on

steroids. >> the comcast points out two companies don't compete in markets so they contend very little would change and the proposed deal expected to go through scrutiny. >> general motors recalling 780,000 compact cars because of an ignition problem blamed on six deaths covering cobalt and g 5 cars gm says engines can shut down can cause crashes company says it happened when key rings are too heavy. owners should take everything off rings etch september car key until they can get the vehicle repaired. that repair is freeway. >> if you're using windows xp, microsoft is ending support for the software starting april 8th. users could have trouble getting

updates. experts say upgrade to windows eight o.8.1. >> tens of thousands of people expected around union square for color chinese new year parade this, is the year of the horse and that presented a challenge for the float builders. >> trying to capture the movement of a horse is trying to capture the essence of water, we finished sculptures. >> there are 100 floats in the parade. and marching bands as well as a golden dragon the parade will go forward rain or shine. here is a look at the route starting on market street

keep in mind union square garage will be shut down. >> that is particularly important. >> keep that in mind. >> yes. >> first bat kid is in san francisco. now, surf kid doing the same thing. >> and hitting the waves with window shades. >> it did not stop the ricochet ask others had disabilities. >> losing all feeling in my leg and not be able to walk. >> so happy. so-to-see my son,

happy. >> today is a great day for our family. >> it is? >> yes. >> that is priceless. >> he had two surgeries but there is no cure for his cancer, and he his family are hoping and praying for best sxen joying the ride. as many as possible with ricochet. >> thousands of photographs of newborn babies are going to families decades after they were take yevenlt a hospital in illinois found 10,000 photos of babies born between 1961 and 2002. they were discovered in storage when the womens' hospital closed and will be bringing back memories. >> it's fun to look at them. we've got funny faces, babies with a lot of hair, babies are bald we just decide that had maybe we should open it up to the public and have times they can come in and get the photos if they

wanted. >> the hospital giving photos to family and friends to 5,000 have been picked up. >> nice. >> still ahead on abc7 news at 4:00 meet rue. getting a special award from the westminister competition. >> and a health warning for anyone who road bart in the east bay last week. plus... in on whether a patrol officer went too far during this arrest. those stories and more coming up at 5:00. abc7 news at 4:00 continues in just a moment.

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westminister dog show is among the biggest of them all. if you want tobt top dog there, you strut your stuff for everybody to seechlt until thisso, muts were not welcome. that changed. you just might find rue. >> you never know who you're going to me. do you ever hear of stacy campbell? stacy and rue. they look family. maybe you knew how they won and into westminister, when rue won it was a victory for muts

everywhere. more amazing when you consider it was a stray and this dog returned twice stacy watched rue come and go. >> the second time that she got adopted out, a colleague called me two weeks later and said your dog is back the rest is history. >> we have a dog that has broken the pure bred barrier. rue is not finished. stacy wants to take her back to westchester next year, but they need an invitation. >> thank you, wayne. >> and thanks for joining us for abc7 news at 4:00 the news at 5:00 begins right now. >> a warning for anyone that

road bart last week. a rider with a contagious disease that my mai have exposed thousands of people. >> did a patrol officer go too far? >> plus, oldest black-owned bookstore in the country. from the roof, rain coming to the bay area. i'll let you know if it's going to update the valentine's day plans coming up. >> did this happen to you? >> tonight a bay area wide health alert. anyone who rode bart on certain days last week could be affected because of a student at uc berkeley. leanne?

>> this is what we know the person rode on bart between february 4th and february 7th during morning commute and late evening from el cerrito station and downtown berkeley. but anyone could have been exposed because the trains travel everywhere, and the maes yelz virus can stay in the air, we're told up to two hours. now, think about this for just a moment. 411,000 passengers a day, over four days. that is what we're talking about in terms of exposure, most, i want to under line most people have been vaccinateed. if you have, or had maes yelz you're fine. vaccine is for live this, is only the

second case in five years. a student here at uc berkeley. people who he had been hanging out with, i'm told, have been notifyed and uc berkeley will be offering the vaccine to any student who has not been vag sin yated. here are the symptoms you should be looking out for. >> early on its like a common cold people can get a high fever. and they can start giving and getting coughs, runny nose and very red eyes. key thing is the rash. it's classic and comes later. >> beside that's rash this could be more serious to some people. it could cause