. fothe smaheriff department it will notice the marshall service once zarate is eligible for release. >> he is expected to sent to a federal court in texas where he will answer that violation. federal immigration officials plan to deporting him to his native mexico. >> and the public defender questioned the motive behind the order. >> i.c.e. mass filhas filed a w commanding zarate to be deported. and interesting thing is that they haven't done this in other cases. >> zarate is due back in the courtroom on december 14 when he will be sentenced for the only offense he was convicted of, being a felon in possession of a gun. in the meantime some are asking why the steinle jury was not allowed to handle the key

piece of evidence in the case, talking about the gun that he claims he found on pier 14. >> this is -- all right there is the same model of the gun at the heart of the murder trial, a p 239. while san francisco public defender confirms the jury asked to actually pull the trigger on the unloaded weapon, the judge refused. >> i think it was an incorrect decision by the judge. >> reporter: the former prosecutor believes had the steinle jurors been able to pull the trigger, the verdict might have been different. >> the issue here is so central to what took place here that the jurors should have been allowed do it. >> reporter: the federal ranger whose gun was stolen testified that he 4rehe left it in doublen mode, but it is unclear if it was still that way when zarate fired the fatal shot.

>> it is not a hair trigger. >> reporter: either way this gun expert says pulling the trigger takes more pressure than many other guns. >> without being hands-on to such a key piece of evidence, make a decision that the gun probably go by itself, i think it was a mistake. >> i think it was a matter of discretion for the judge. >> reporter: but this law professor told us since it was the defense not the prosecution that asked for jurors to handle the gun, the judge's ruling probably was not a major factor. >> in this case while people understandably questioning what happened, it is what we would call harmless error. >> reporter: the law is clear on one issue, a convicted felon zarate should never have been in possession of the gun even for an instant. laura anthony, abc 7. the whois ite house is blam

the sang clue area city policy for enabling the killing. >> it reads that politicians who fail to address these needs share responsibility for preventable crimes committed against innocent measures. had san francisco enforced our nation's immigration laws, the steinle family would be celebrating with all of their loved ones. >> and reaction continues to pour in, many are asking what is next for sanctuary cities and will this verdict make an impact. >> and chris nguyen has that part of the coverage. >> reporter: the dee bates hitting a new level. jeff sessions relaysing a statement saying the department of justice will continue to ensure that all jurisdictions place the safety and security of their communities above the convenience of criminal aliens. i urge the leaders of the nation's communities to reflect another outcome of this case and consider the harm they are doing by refusing to cooperate.

president donald trump didn't hold back this morning tweeting the kate steinle killer came back and back over on the weekly protected obama border always committing crimes and being violent. and yet this info was not used in court. his exoneration is a complete travesty of justice. build the wall. some say the case of zaratjose garcia zarate has been more about politics than actual policy. a law professor -- >> this is actually the first time i've seen where the president of the united states has come out in this way to actually attack, he is attacking the jury. and they were just doing their job. >> reporter: sfwran francisco mr ed lee is standing firm. >> we are and will remain a sanctuary city no matter what the attorney general of the united states of the tries do or the president tries to do because we know for a fact that we're a safer city as a result. >> reporter: boswell says moving

forward, the focus needs to be on actual immigration reform. >> we have juries for a roerngs becau reason, we entrust in them the responsibility of making these hard decisions. dee void of politics. >> reporter: the house passed kate's law and the no sanctuary for on criminals act back in june. but both bills continue langualang lang language distinguish in the senate. kate steinle's family expressed frustration with the system. >> watch this interview conducted before the verdict. >> we somehow are or another amazingly got caught up in immigration and trump and we have our views on immigration, we have on you viewers on trump. but there is death of my daughter. manipulation of -- using her death as impetus for immigration

reviews and sanctuary cities, you know, all we're dealing with now, nothing has happened. nos has changed except kate is not here. >> one hope we had was that through some activity, government, through san francisco or federal government, something would change on either level. but it seems as though it is a status quo and this could happen again to somebody walking on a pier somewhere else in san francisco. >> the steinle family has declined requests for comments since the verdict was reached. shortly after the verdict, the #boycott san francisco went viral on twitter with many conservatives outraged buyer the o outcome. find out more on abc7news.com and our app. other news now, san

francisco police shots and killed a suspected carjacker in the bay view district this morning after he allegedly stole a california lottery van. police say the carjacking happened around 10:30 near 23rd and arkansas streets. the suspect then drove the stolen van to the alice griffith housing development where police say he jumped out and that is where an officer shot him. he was later pronounced dead. the driver of the lottery van is shaken up, but not seriously hurt. >> the material in the back of the van, the tailgate was open and it was loaded with different items. i have no idea what was inside the van. >> police detained four men in an suv, officers saw traveling with the stolen van. investigators says officers body worn cameras have been retrieved and will be reviewed. tomorrow is one year since 36 people were killed in the ghost ship warehouse fire in oakland. the city will lon or

with several tributes. eric thomas is outside the warehouse. >> reporter: and some of the events will happen tonight specifically at the oakland museum of california where an art exhibit will be revealed and a n moment of silence. tomorrow there will be poetry and prayer. but also tonight, the question looms, is fire safety better in oakland tonight than it was on on december 2 rnd of 2016? while a memorial of flowers is outside, a city counsel member and crew spruced up around the site. >> we want to make sure that it is a clean environment, safe environment. and to show our respect. >> reporter: in the early morning hours of december 2, 2016, during a concert inside the ghost ship, a fire broke out. a make shift stairway and blocked exits kept many from getting out. and the city was criticized for

not doing inspections. but things are improving primarily because nearby neighbors are coming forward to >> regarding the illegal wiring, the fire safety, the mold and just poor living conditions, some of us are choosing to live in. >> reporter: the fire department has heard criticism that nothing has changed since the deadly blaze. the fire chief disagrees and points to the hiring of half a dozen new inspectors to join the eight already on duty. >> as of today, we have three out of the six currently hifrhi a 40s coming on board monday and two more in the background process. >> reporter: jonah sfratraws sa says they will partner with grass roots groups. >> unless they choose to advance the path of least resistance,

there won't be a lot of success. >> reporter: eric thomas, abc 7 news. politicians are calling on the california attorney general to file corruption charges against the state public utilities commission. this request comes from state senator jerry hill, and an assembly member and the mayor. they claim that recently unsealed documents reveal that they repeat liedly blocked the investigation of the agency followings penalty phase in the san bruno pipeline explosion as well as cases involving other utilities. the krchlcpcu says it has coope three every step adding that it has not hindered the process either. a broken finger name caused muni's newest train to be taken out of service. it is replacing its aging fleet with quieter more spacious train cars. a spokesperson says yesterday a passenger running to catch the

new train got her nail stuck in the door just as it was closing. the train was taken out of service to make sure the doors were still working the way that they should. they were. service was fine today. a man says he reached a breaking point on a united flight. >> basically wouldn't allow me to sit in the street. >> the fuss over his backpack and his phone. and now his fight on social media. >> and also how some drawings are connected to the visit by former president bill clinton. and we have a stunning shot of the moon right now. i'll let you know why you might be

anti-muslim sentiment has caused an airline passenger to speak out. he says it is time for others to

speak up as well. this is a story you will see only on actionbc 7 news. >> it was a breaking point. >> reporter: he says he has reached a breaking point, a computer scientist with a ph.d., he flies frequently. but an incident on united prompted him to speak out on social media. he posted a photo of a flight attendants whom he says didn't think he was a first class passenger as he placed his backpack in a com partment over his seat. so he was asked for his boarding pass which he had on his phone. >> he basically thought that i was trying to put something from a weapon or something even though i was past security so no chance of anything like that happening. and he wouldn't allow me to sit. >> reporter: and this is just the most recent experience he's had. he posted a photo on an international flight on august who didn't want one evof his children to sit next to him. they wanted him and his wife to

move. >> they suggested the child move. >> and his response was i don't care about fairness, all i care about is winning. and that's why we kill people like you. >> reporter: he pointses finger at anti-muslim tweets from the president that edge pmpower oth. >> i feel that they feel liberated and as long as somebody is muslim or muslim looking, they have feel that they can do that. >> reporter: he does not blame united per se, although he would encourage sensitivity training for flight crews. unite's response, quote, we're concerned to hear of our customer's experience and are in touch with him to better understand what happened. david louie, abc 7 news. russia's ambassador to the united states is on the peninsula tonight. earlier this week he visited rush slan kosian kons laconsula francisco. during a speech this afternoon,

the ambassador blamed party politics for the deterioration of the relationship between both countries. >> so it seems that russia and american relations is at hostage of internal problems within the democratic and republican party. and it is very easy to blame somebody else. easy it choose russia. >> reporter: he plans to be in california through the weekend. today is world aids day. it is a day for look both forward and backwards. and as wayne freedman reports, it brought a distinguished visitor to san francisco about that. >> reporter: you are looking at ground zero 36 years later. castro street in san francisco where on this 29th world aids day, survivors like greg scrolled their hearts on to the pavements remembering so many lost friends.

>> i'm one of those people who stopped counting a long time ago. >> reporter: he has survived aids since 1983. he observed in a fairly private way. while in the memorial grove -- star power, a former president who recognized the profoundness of this continued world health crisis. >> he was on the radar of this very early on. >> reporter: ruth is one of today's honorees is not a household name here, but in arkansas, she cared for patients when no one else would. >> people where much more accepting of it now. and you don't die from and i hads. you live with it. and that makes a huge difference. >> this garden will give people peace, reflection and memory. but only those of us who remain can do the bending. >> reporter: meantime back on

castro street, school kids scrolled names of people they never knew but now know about among those who have seen too much. >> i'm lucky because i survived. i have health care. i have incredibly supportive loved ones and friends and family. not everybody has that. >> reporter: in 2017, that is how the phrase hiv positive has turned from a death sentence to an attitude. in san francisco, wayne freedman, abc 7 news. and in sunday, the 49ers and raiders will be wearing something a little different on their field. some are calling it best in shoe. defensive linemen cleats will have an abc on them that represents a nonprofit that promotes early childhood developmen and learning. eric reed will wear shoes suchtsing the knsucht soouptding t sooupting tsooup

supporting the know your rights karmt. and derek carr will raise awareness to support heart problems. weekend is here is here is e check out live doppler 7. you will notice that there are more clouds gathering overhead and this is in advance of the system that is heading on our way. so we'll be seeing some changes. live pictures showing you some extra clouds around. the highlights, you're looking at cloudier overnight tonight. and not as cold as it was this morning. we had some temperatures in the low to mid-30s at some of the north bay valley airports. possible sprinkles or isolated shower on saturday. and it is going to be dry and milder as we head into next week. so changes are ahead. right now i do want to show you you another live picture, a beautiful view the as the sun has set. plenty of clouds around. 5 san francisco. oakland 56 and is an low say. 58 in gilroy. look at in beautiful shot.

tomorrow morning upper 30s for the mid 40s. and clouds will insulate us, so is that why it won't be as cold as it was last night. temperatures tomorrow afternoon upper 50s to low 60s. a little more clouds cover to the north. maybe a few showers, but the rest of you you'll see hour by hour there isn't going to be a whole lot. so 7:00 a.m. saturday morning, a few high thin clouds. they will thicken in the afternoon and showers may develop right around men dough see know county. not expecting to amount to much. a few sprinkles possible.

just about anywhere. so no need for an umbrella. sunday morning we'll pretty much have a clearing trend. we have the king tides coming up sunday december 3, 10:23 in the morning. also king tide monday. so definitely watch out higher than normal tides will lead to low like flooding. usually spots. and we also have the super moon sunday. last one of 2017. it will appear 14% larger and 30% right so snap a pikts acture and sendo us. and accuweather 7 day forecast, mid-50s to low 60s saturday. brighter skies on sunday. definitely going to be a cold

morning monday. near freezing temperatures. but the numbers will bounce back. sunshine and milder weather mid to latter part of the workweek. mid to upper 60s inland. upper 50s to low 60s 60s 60s 60s just an isolated tomorrow. >> thank you. and time to think about exercising before the holiday feast. that is next. and then on world news -- >> michael flynn needing guilty to lying to the fbi. whether flynn will testify against president trump. and the tax plan, we'll take you there live. and breaking news the search for the teen, what police discovered. and new at 6:00, femeffects breathing wood smoke. bad for your lungs and brain as well.

michael finney is here with yummy stuff. >> hungry? you know these guys. this is rustic cut. >> seems cool. >> it's a pasta sauce. and the whole deal with it is that it is 150 years of rich culinary history is what they say goes in to this. marinara with vegetables, roasted ghar liroast ed garlic, no artificial color, 234r5i6rs flavors or add sugar. and per serving, only 100 calories. >> not bad. >> and then add the pasta. >> that's right about that but even 100 calories you might want to work off, correct?

>> of course. >> let's me show you, there we go, we'll give you a 7 day trial membership to crunch fitness. in about four weeks, everyone will be saying i'm going to the gym and i'm changing my life. why wait? beat the rush. >> change it now. >> do it for free right now. there you go. >> that is fantastic. look at what they're doing. >> a ton of classes there. a lot of good stuff. so in order to get in on all this, go to abc7news.com, look for the finney's friday free stuff page and we'll hook you up. >> good stuff. okay. here is a question. money, food or time. why you should pick one or all three. next. and tonight at 10:00, the american princess, "20/20" presents a primetime special on meghan markle and how this california native fell in love with a prince.

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coming up at 6:00, expand e coverage of the kate steinle case. plus the key strategies in evidence that may have led to the jury's decision. also -- >> so he finally said to his guys pack it up, we're >> getting contractors to work it out is not common. see how two sides got work out their differences. >> that and a lot more coming up

in half an hour. and right now, here is something to think about as you sit down to dinner. one in eight people in the bay area is going hungry. >> and abc 7 news was in concord as eric thomas presented a $15,000 check from abc 7 to help feed the need at the food bank. >> and abc 7 is a proud spoken or of the share the joy food drive at local food banks around the bay area. >> it will really make a difference because we now have $15,000 which means that we can get 30,000 meals to people in need. >> the need great all year, but especially this time of year. >> you can donate your food, money or time. all the information is on abc7news.com. >> and the food bank is so smart because they take that dlor donatiughdlor donation and multiply it many times. >> so especially to help out.

tonight the michael flynn bombshell. president trump's former national security adviser pleading guilty to lying to the fbi. the white house caught by surprise. flynn has now agreed to cooperate with the special counsel. brian ross tonight on whether flynn will testify against president trump. and this evening jared kushner and what we have learned about him. also breaking at this hour, your money, your taxes. president trump's tax plan. the showdown in the senate at this hour. does he have the votes? we're live on the hill. the verdict in the outrage the undocumented immigrant acquitted of murdering kate steinle who was walking with her father. the fallout today. the search for a teenager who have ran off with a high school soccer coach. what we have learned. holiday packages arriving at your door. you're about to see the