>> turn on your side. >> stop, stop, stop! >> for the first time we're getting a look at b.a.r.t. police body cam video from a controversial arrest this summer. it's an arrest some day vovd excessive force. good evening. i'm ama daetz in for kristen sze. >> and i'm dan ashley. thanks for joining us tonight. tonight an internal affairs investigation is under way into that arrest. meantime, the man arrested was acquitted by a jury on many so of the battery charges against a peace officer. arabs 7 news reporter melanie woodrow is outside the hall of justice with more on the story. >> reporter: dan, ama, the san francisco district attorney is deciding whether or not to retry this case. at issue whether b.a.r.t. police used excessive force while arresting michael smith and if they did whether or not his response in resisting the arrest was reasonable. >> get on the ground! >> reporter: the public defender says this b.a.r.t. police body

cam video shows officers used excess i excessive force and his pregnant grermd. >> b.a.r.t. police just received this report. >> i was just raped. >> reporter: man who called 911 had been cursing at them and telling them they smelled. neither smith nor appleton was sglarmd do you believe your officers used excessive force. >> no. it was a perfect response. >> they shared these pictures and in the knit he dnch. >> she believes an officer who placed a knee on her back caused her to miscary. >> when i first found out i lost my baby, i was stressful and hurt and lost. >> the jury acquitted smith on

three battery counts and was hung on four others including resisting arrest. >> there were three of us that were pretty adamant that it was excessive force and he had every right to defend himself. >> the d.a. is deciding whether to retry the case. and in an e-mail statement the spokesperson says the video the public defender showed was edited, quote, in exclusioning the evidence the judge cited editorial choices that were made such as altering the audio levels and omitting segments where the defendant is alleged to have bit, kick and spit on b.a.r.t. police officers. >> all he had to do was supply. >> the officers involved are still on patrol while an internal affairs investigation is under way. the results of that investigation will not be made public. in san francisco, melanie woodrow, abc 1 news. tonight san francisco's police commission is set to debate changes in the department's use of norse policies this. comes one day after the department's new chief was announced. today the incoming chief bill

scott visited the mission statement. scott is in favor of tasers and other non-lethal weapons. the police officers unions may leave police officers no chase but to use deadly force. police want to know if there are any potential victims out there. the campbell police department announced the rest of julio sanchez late this afternoon. one of his reported victims says she was drunk and woke up inside sanchez's home while being sexually assaulted. campbell police say sanchez is known to frequent downtown areas throughout the south bay and police ren couraging anyone else who may be a victim to please come forward immediately. the test of wills between uber and the dmv continues tonight. both sides plan to meet today about the company's self-driving cars out on the roads right now without a permit. abc 7 news reporter sergio quintana is live where uber

stores those autonomous vehicles. sergio? >> dan, we've been hoping to see one or more of those cars live or actually come back no this warehouse this evening. so far we haven't seen any of them and unfortunately we also haven't heard much of about meeting between uber, the dmv and attorney general's office. when uber announced it was launching a self-driving car service christopher was immediately skeptical. >> no, i wouldn't get a self-driving car at this point. i think the technology is too new and i think they are really bushing it rushing it to market >> reporter: about a month ago he saw a self-driving uber car run through a red light and again this uber was three-game through the interception. >> during the course of our trip to the city of.

>> as uber meets with state regulators over its autonomous vehicle project, one thing is clear. authorities don't know how many dangerous situations its cars may have have experienced. that's because uber is still operating without a permit from the dmv which would require reports on these glitches. uber's robot cars have been on city streets for months but the state jumped in after picking up customers. before last week uber told the dmv those vehicles were only mapping, not driving autonomously. mayor ed lee says he's personally talked about uber co-founder travis kalanick. >> i'm certainly not allowing anything to be, and i'm very concerned about that. that's why, and the dmv has the jurisdiction to do more than we could do locally. >> the mayor is not sure if the uber cars can be impounded even in operating without a permit.

a man died after being stabbed at an east bay park. sky 7 was over at the scene at mosswood park across the street from kaiser hospital. you see police tape there around the scene. police found the victim just after 7:00 this morning. a $10,000 reward is being offered for information leading to the arrest of the killer. vallejo police have identified a paup shop owner killed in an armed robbery yesterday afternoon. he was 49-year-old timothy polt and was shot by a man at pawn advantage. a man suffered serious injuries and was taken to the hospital. a dog was also shot and killed. a fiery crash just orf midnight left person burned and a possible investigation into a possible dui is under way. it happened on peabody road which runs between fairfield and vacaville. a lincoln sedan and suv collided head on. a good samaritan helped save the driver who survived. one of san francisco's most dangerous intersections has now gotten a makeover.

abc 7 news was in the south of the market area as officials showed off these changes. they include raised concrete islands around walkways and bike lanes and barriers to force wide turns. the idea is to slow cars down as they turned right from division to ninth street. >> instead of the bikes and the cars merge when they get to the intersection, they remain separated so that they can see each other. >> the protected intersection is the first of its kind in san francisco and it's real needed. during the boyak. this is at hopkins and alameda and to turn right cars have to shely navigate around floating items that you see here which brings pikes and pediatricians more in line of the sight of vision. >> today is the last day they

can sell assault zeile weapons. >> in our wondering why the new newry, this is the last day you can buy the firearm on pick it up on dekes 31st. by this afternoon there were just a hand until of ar-15 rifles and one ak-47 at city arms in pleasant hill. this the past week they have been selling like hot cakes. >> it has been insane. it's been non-stop pretty much from the time we open until we close. >> here's just one day's worth of applications for people registering to buy up. guns before the deadline. >> we got an audience in knife that most manufacturers will stop producing ar-15s and ak-47 type rifles. >> that's because these will be

illegal hand in the past officials restricted the number of bullets they could use in their ten to. starting january 1st bullet buttons will be illegal and removing the magazine will require taking the rifle apart, but what that means is still not clear. so they are playing it safe. this afternoon city arms workers started taking down the few remaining rifles to send back to distributor, a law they don't agree with but must obey. >> they are making it so that people are good people can't get the guns that they want. >> doe expect the law to be -- >> on the hunt for had a man honl the ruined. coming up and what he did afterwards has police noding

your help. >> what's wrong with the picture? a surveillance video carryinging a warning. >> and is your lipstick dangerous? what the fbi says you should know. >> and what do you do with all the shipping boxes when you're done with

lieian melendez has more from the concord police department with this story. lyanne. >> reporter: well, the whole thing is very sneaky. now police here say that the man in the surveillance video is from the area meaning from the east bay, but they still have not found him. once everyone was gone from this

sears department store in concord last friday night, this man caught on surveillance video went to work. he had been hiding inside the sto store. today customers expressed their curiosity. >> is he crouched in the bathroom, no one knows i'm here. i'm going to steal some stuff. >> we think he might have been in the storage locker or storage room in the back of sears. >> reporter: police told us the man looked around the store until he decided to steal what was inside one of the jewelry cases. nearly 130 expensive rings. >> merchandise in excess of $200,000 stolen. >> reporter: robbery wasn't discovered until saturday morning once the store opened. the man may have left through one of the exit doors that has quick release bars. >> it makes me really sad to think that people want gifts so bad on christmas that they forget what the holiday spirit is so they want to get something for their significant other and they just like steal things. >> reporter: others found entire

story amusing. >> i can't believe someone would stay behind in the store and take something, anything. >> you don't shop here, i take it? >> i take the fifth. >> i'm usually in the tool department so i would suspect that's where i would be. i'd be carrying out the tools after everybody left. >> reporter: police are hoping the public will help identify him since he made no effort to hide his face. wearing a baseball cap back to front. >> criminals are not very bright. >> in concord, lieian melendez abc 7 news. >> a man posing as a pest control worker is wanted for trying to steal from a san francisco building and see how he got in the building. police provided this surveillance video. the man is fully covered in a white haz-mat suit and then signed in at a security desk. it happened at a business in hayes valley. the security officer caught the man trying to steal computers. this card chased him, as you see, out of the building.

>> yahoo-owned tumblr was down for three hours hand may have been the target of a distributed denial of service attack. if it was, that's a serious event. distributed denial of service attack is when a hearing floods the sight with so much incoming traffic the site has to shut down. users can now access the set. tumblr went down 12:30 our time in the u.s. and europe. hackers from the group our mine took over net. ics's twitter account this morning claiming to be testing security. netflix kept delieutenant the tweets and told customers the company was working on the problem. they are also claiming responsibility for hacking twitter accounts for marvel studio's upcoming films. disney is the parent company of both marvel and abc 7. government asks for account data from facebook grew by nearly 13,000 for the first part of the year. that's from the transparency report. also the majority of government requests came with a non-disclosure clause that prevented facebook from notifying the usener question. the company reiterated while it

complies with legal requests it refuses to offer the government direct access to iris information. well, obviously few people would deliberately put lead into their bodies. >> today the food and drug administration proposed guidelines to limit amount of lead in cosmetics and it's already being criticized as not doing enough. >> michael finney is here with that story. >> i'm kind of surprised at the level they put it at, the conversation anyway. the food and drug administration issued proposed goitd lines today that would limit amount of lead in lip city, eye shadow and lotion to ten parts per million. lead is listed as a cancer-causing agent. research conducted has found led levels in levels as high at nine parts per million. a restriction of ten parts per million is doable. the fda believes the lead content in cosmetics right now is generally safe and just last month the natural resources

defense council found for the elimination of all lead in cosmetic products. one chicago-area man is not loving one of the mcdonald's extra value meals. james gurney claims the cheeseburger extra value meal isn't a value at all. bundling two cheeseburgers and medium fries at a drink is 41 cents more than when purchased separately. he's suing mcdonald's and seeking class action status. he says the suit is not about the 41 cents but the principal. if you do a lot of online organized you just might have a lot of empty boxes around the house and now there's a way to utilize those boxes while doing good for others. the post office will pick up old amazon boxes or any empty box filled with items you would like to donate to goodwill. all you have to do is print out a label from getbackbox.com and

the post office will deliver it to the nearest goodwill. if you register you'll receive a receipt for your tuxible donation in the mail. >> win-win. now to a story that's a christmas miracle for hundreds living in palo alto's only mobile home park. santa clara's housing authority has voted unanimously to pie buena vista mobile home park to keep the park's owners from shutting it down and displacing nearly 400 mostly low-income latino residents. today a judge in santa clara county removed another hurdle. the superior court judge reversed a council decision allowing the owners to close down the only home park. b.a.r.t. is announcing another price increase, but it's not for fares. it's for park fines. on its twitter account b.a.r.t. says on january 1st the cost of parking illegally will rise from 35 to 535 and permit violations will from from 40 to 75.

b.a.r.t. bumps up parking fees every six months. >> a slowdown in muney service this past number was caused by an unprecedented number of workers calling in six. 74 workers called in sick and since there aren't enough backup drivers some buses never hit the streets at all. muney ended up having to cancel several routes. the agency hopes to fill in the ranks early next year as 770 up in drivers graduate from its training program. >> hi there, everyone. it's the first day of winter and it felt more like spring. many parts of the bay area in the 60s, low to upper 60s and a good five to ten degrees above normal. live doppler 7 showing a few clouds beginning to skirt the coast. they are seeing showers and if you're traveling down south keep that in mind. that rain won't make it here just yet. looking at another system that will bring us stormy conditions. a lovely few if you're expecting a while christmas. here you go. you will see some snow.

this upcoming friday. thursday is cloudy and today is the best day for travel. friday is going to be dicy and saturday you're still looking at snow showers and slippery conditions heading to the mountains. the west slope of the sierra under a winter storm warning friday at 10:00 a.m. until saturday at 4:00 p.m. high left elevations looking at one to three feet of snow. it is gusty so expect whileiot conditions and chain controls and delays and not a good idea to travel that time and if you have to pack your patience. you'll see it 15 inches south lake tahoe hand 17 inches at kirkwood and a lovely look from our abc 7 news exploratorium camera as we look back out to the bay and the bay lights. a look at your temperatures upper 50s. half moon bay 57 degrees and afterglow of this sun set from the emoryville camera. it's there and that's why there's a spare the alert up now. low 50s napa, livermore and beach hazard statement and up until 6:00 tonight and a little bit longer. rip current risk and big waves

will continue so watch out. from our mt. tam cam, it's breezing out there. sunny afternoon. a spare the air alert up again tomorrow. next storm arrives friday and there's a slight chance of rain christmas night. hour by hour planner, chilly start tomorrow morning and mid-30s to mid-40s. clouds begin to increase and it does get a little bit chilly. the air quality does suffer in the north bay. poor tomorrow and moderate elsewhere. i know it is going to be chilly and it is legal to burn wood. maybe an extra blank the or perhaps turning up the she or oe of your pets keep you warm. tomorrow afternoon you're looking at sunshine and mid-50s to the low 60s so slightly lower temperatures. intensity of our storm friday is a 2 and it's moderate. basketwee downpours and we're expecting wet conditions for both the morning and afternoon commute and gusts 30 to 40 miles per hour and rain still to the in the on friday. as we head into 4:00 a.m. north

bay is getting wet and by 5:00 a.m. covering most of the bay area. the morning commute will include downpours and the yellows indicating the heavier rain and 8:00 a.m. and 9:00 a.m. and the orange is indicating the brief downpours. as we get noonan widely scatter and light to moderate in intensity and if you're getting away on friday you'll notice scattered showers in the afternoon hours so we will see the shower intensity go down as we head into the evening and then it all tapers as we head into early saturday morning. rainfall potential. we are looking at about half an inch to an inch and the higher elevations could pick up an niche and a half especially in the north bay as well. the accuweather seven-day forecast. chilly morning and early morning showers saturday and it's going to be fine. a cold christmas morning. santa won't have any problems christmas night into monday. a slight chance of showers. this storm is going to skirt the coast and that's sunday night into monday's storm and then

stay off the coast heading into southern california. dan and ama, download the abc 7 news app to help you keep track of the storms. >> the fake leaf that could each astronauts healthy on mars. that's next. >> and then at 5:30 on "world news" with david muir. >> breaking developments, the bulletin just issued. concern about times square at new year's eve and as

there are new warnings sthins california forests may have a hard time recovering from fires. fires are killing so many mature seed-producing trees that the forests can't reseed themselves. the situation is exacerbated by increasingly warm temperatures. burned areas are quickly overgrown by shrubs which can prevent trees from taking root. this should help forest managers to decide how to use fund when

replanting forests. >> if you're concerned about the amounts of pest sides on fruits and vegetables you can provide reassurance. >> the vast majority of produce sold in california meets stringent pesticide safety standards. more than 93% of the tested fruits and vegetables had little or no pesticide res due. all 3,600 samples of produce was grown in california. >> researchers have figured out how to make drugs using a sun-powered artificial leaf. they were inside by how real plants turn sunlight into food from photosynthesis. >> they used a new material called luminescent solar concentrators. >> this material is used to boost the performance of solar cells, pump liquids and expose it to sunlight and create a mini power grid. >> researchers say mobile grid could mean one day they could make medicine on mars or make

malaria drugs in the jungle. >> you're looking at what might be the oldest garden ever discovered. the plant has a texture like potatoes but taests like sweet chestnuts. the site was found in british columbia and has its own rock wall and was created 3,800 years ago. >> the warriors fan who dances in her seat usually, well, not this time. she was front and center court. that story just ahead. first, we want to thank abc 7 news viewer kevin for this picture of the sun setting over the santa cruz mountains. he's only 17 and so very talented. >> share your pictures with us on social media using the

well, coming up at 6:00, only abc 7 news follows up with both the state and the landlord to find out why a san jose community hasn't had safe drinking water for weeks.

plus, 7 on your side's michael finney explains why credit cards are the best option for your holiday shops. and new at 6:00, the story behind this group of carollers and their special audience. >> all right. finally here tonight, great stuff. she's back. >> oh, yes. >> santa is giving us an early christmas present with the return of robin schreiber, the dancing mom who went viral last month. >> check her out. ♪ >> the weather outside is frightful but the fire is so delightful. >> boy, she is good. the redwood city woman first caught our attention after first break out sweet dance moves in the stands. >> as you can see the team invited her back to get down with the warriors dance team last night. >> oh, look at that. >> get down she did, man. >> she's got moves. >> i love it. >> and the sweater, too. >> just cracks me up how good she is. she's real skilled. >> i know. >> thanks for joining us. "world news" with david muir is

next. i'm ama daetz in for kristen sze. >> and i'm tonight, breaking news. the new federal bulletin involving new york's times square. after the christmas terror overseas, this evening, the federal security bulletin concerned about times square and new year's eve. we're live in manhattan tonight. and breaking developments overseas. what we have now learned about one of the suspects in the terror attack, after that truck was hijacked, the driver killed. that suspect now on the loose, considered armed and dangerous. the massive explosion, the death toll growing. more than 30 people killed in that market. some of the young victims now being flown to the u.s. the dangers police face in this country. the body cam just released. two officers gunned down, responding to a domestic dispute. one wounded officer trying to save his long-time friend. the deadly crash.