ask your doctor about once-weekly trulicity. another big development with the edd fraud fraudulent claims and those simply hoping to get help from the state. and new.comments with the fire that scorched multiple apartment buildings. what's being blamed for starting it. >> reporter: they're called long haulers, we're getting a new look tonight at the many symptoms that linger after people get covid. >> one last day together. a family about to be torn apart opens up to abc 7 news. and we're expecting a big update at any moment on last week's shooting at the rail yard where a gunman shot 7

workers. police say they're going to release body camera from the incident. we're at the sheriff's office now and will bring you updates when the new information is released so stay here with us. good evening thank you for joining us. i'm ama daetz. >> and i'm dan ashley. thousands have reported that fraud center drained the money out of their credit card, and that bank of america denied their claims for refund. but today a court ruled that they stop denying their claims for a refund. >> and this was huge for people who found thousands of dollars missing from their banks. in many cases froze their

benefits entirely. today's order requires a bank of america to reopen all claims that were denied using an automated fraud filter and not an actual i think -- actual investigation. the judge bank of america simply closed their claims with no explanation say some. it left many with nothing to live on in the pandemic. tonight's order is part of a class action lawsuit. it claims that bank of america failed to prevent fraud, did not put security chips in the debit cards then denied claims when the fraud centers attacked. the class action attorney says the judge realized the urgency of getting folks their money right away. >> >> the court recognized the serious impact that bank of

america's practices have had on unemployed californians. and that immediate relief is necessary. people are living out of their cars. they don't have enough for food or medicine. >> reporter: bank of america says that they have always provided a way for them to reopen their accounts simply by asking and thousands have done so. today's letter provides another avenue for relief. the bank is required to notify everyone who's entitled to review of their claim you should be paying very careful attention to your e-mail and your physical mail to see if you are notified. >> okay, big deal today, michael. thank you so much. we have developing news with the scott peterson murder case. attorneys appeared in court this morning to sort out whether the 47-year-old modesto man will get a new trial or be sentenced. david louie sorts out what could happen next in this case. >> reporter: the scott peterson

case is facing search for justice. a hearing will determine whether he should be allowed a retrial. the stanislaus district attorney decided to hear the case. >> they have a right habious comes back, to put the murder back on the table. >> reporter: >> reporter: peterson first must declare whether he can afford to pay harris. if not harris has asked to be

paid from public funds. talking to reporters outside the redwood courthouse, harris expressed hope, a new trial will allow him to present new evidence that reveals who killed lacy peterson who was 27 and pregnant with a boy when she disappeared. the bodies washed up from san francisco bay about four months later. >> essentially they're delaying the inevitable. this case is going to get overturned eventually. the facts are coming out, more and more we're learning about what happened. we think that we know who killed lady peterson. we think that information is going to come out, will come out. >> david louie. in the south bay, vta officials say they do not have a date yet for when light rail service will resume following last week's deadly shooting i its guadalupe light rail hall.

vta officials are encouraging officials to seek counseling and support during what is obviously a very tough time. and that means taking time off. >> to support each other. to take advantage of counseling services and other resources. so we're not requiring them to come to work while they need that time. >> reporter: now a fund has been set up by working partnerships usa and the council to provide spoártd for victim's families. as we said at the top. a news conference is under way now, provide support for victim's families. as we said, a news conference is under way right now. here's the sheriff. >> they succumb to their injuries. this is such a horrific tragedy. and our heart goes out to the vta family and everyone right now who is suffering. we'll never forget those

innocent victims who's lives were taken by a crazed coward. the outpouring of support i see in the community really shows that we have a caring and compassionate community and we're so appreciative of that. keep in mind we're releasing information as it comes up and the investigation is still going. we have a lot of the forensic information back but it's not totally completed. i want to talk quickly about the active shooter protocol we have in this county. lieutenant james cannon who's a lieutenant with us had been in colorado during the columbine eupbs incident. when he came to work for us he thought we needed a active shooter policy so that everybody can work together and they know what their mission is. this was put into action and you will see on the video it

was put into action by the sheriff's office and san jose police officers who hardly spoke a word to each other. they knew what their job was. they did their job. and actually then confronted the suspect that took his own life. this was a tragic loss of 9 people and we all grieve. there's over 100 vta employees on-site this morning. and we believe the bravery of all of law enforcement personnel really prevented the hros of additional life. i've been told by our deputies and other law enforcement duties that they're encountering more and more firearms in the field. this has to stop. so what we have to do today is i would like to introduce lieutenant aaron simonson. he was one of the first people on the scene and he served as

the tactical commander during the incident. he'll tell you first what is going to be depicted on the video so when you watch it you'll have an idea of what's happening. what's unfolding and we'll show the video and then it will be immediately available on a you tube link that we will to you. lieutenant simonson. >> reporter: good afternoon. as of this past sunday at approximately 8:30 p.m. the sheriff office crime scene investigators in collaboration with the fbis evidence response team concluded the scene processing of the vta bus yard. we now have additional information that helps illustrate the sheriff's office response and time line of the event for this active shooter incident. what you're about to see is a body worn camera footage from the very first contact team who developed a plan of action and made entry into the vta yard in

an attempt to locate the shooter in this incident. this incident, this team consisted of a sheriff sergeant, a sheriff's deputy and three san jose police officers. the following time line was verified after evaluating dispatch recordings, vwc footage and surveillance video from the vta yard. as sheriff smith has already indicated the press information officer has sent o out a link to this footage that and the time line that i will be going over. please contact the vto if you have any problems with this link. on wednesday may 26 at 6:34:51 in the morning county communications received their first call for service incident. at 6:45:31 county communication dispatched deputies to the vta yard. about two minutes and 15

seconds later, the first deputy arrived on scene. about 10 seconds later, the sheriff sergeant arrived on scene. so at 6:38:14 the sheriff deputies advised dispatch they heard shots being fired. the sergeant immediately formed a team to, sorry formed a contact team to go into the vta area. at 6:39:13 a vta worker tells the sheriff's deputies that the suspect is armed with a handgun. the vta worker goes on to state that the suspect was last seen in building a. so at 6:39:50, the sheriff's deputy sergeant and the three san jose officers devise a tactical plan and assemble their first contact team as they go into building a at the vta bus yard. upon making entry into the vta

bus yard they start moving toward building a. they're moving toward the hot zone. a hot zone is an area where there's a direct and immediate threat that exists to public. at 6:41:08, two shots are heard. the deputy on the contact team initially believes that those sounds were caused by the stepping of a metal roof that's on the floor. at 641-42 both the deputy and sergeant hold the exterior door well that leads to the third floor building a and the contact team obtains additional cover because there was no active stimulus going on. active stimulus is going to be people screaming, shots being heard. at 6:41:58 the contact team moves up the stairwell. due to tactical considerations, the sheriff's deputy and sheriff sergeants take the lead and move up the stairwell

because they have patrol rifles issued to them. at 6:42:22 the contact team reaches the top of the stairs. one of the san jose officers hears through his dispatch, through san jose's pd dispatch that shots are still occurring. however, vwc we cannot hear shots fired at that time. the deputy acknowledges he heard the san jose officer and h he replies the team has move smartly. about 15 second later, 10, 15 second later a vta supervisor exits one of the doors at the top of the stairs. the deputy and sergeant along with the officer call for the employee to come back to the location. the vta supervisor advises the contact team key card to get into the building. the deputies guide the employee to the rear of the team while

the deputy says get behind me. at 6:43:09 the contact team makes entry into the third floor. at 6:43:21 the contact team makes entry into the vta dispatch center. so they went into one room, cleared that then moved into the second room which is a vta dispatch center and they start clearing the room. the purpose of clearing the room is to find victims, find people hiding and to locate any suspects. the room is also cleared so that a rescue task force can come behind the initial contact team to assist any victims if they're located. as the contact team is moving through that dispatch center, one shot is heard. another word for shot is stimulus and you will actually hear one of the officers say, there's stimulus. and that shot is heard at 3:46. the team immediately recognize it is situation is still dynamic and they drive toward the area of the gunshot.

the contact team bypassed multiple rooms that were left uncleared to continue to the active threat. at 6:44:06 two additional gunshots are heard as they approach the exit doors to the dispatch center. a bullet hole can be seen in the window frame of the left door while watching the video. evidence shows that one gunshot went through the door into the direction of the contact team. the investigation also revealed the suspect had two self- inflicted gunshot wounds which proved to be fatal. at 6:44:15, a deputy advises through the doors that the contact team see as person down. the contact team continues past the area and moves past that person. at 6:44:51 the contact team observing a gun in the injured person's hand. the contact team has to ensure the person down is not a continued threat to them. a few second later that person

is secured and it turns out to be the suspect. once the suspected is secure, the officers continue searching for additional victims as they provide medical aid, or to provide medical aid. what you're about to watch is a constant stream from the deputy on the contact team. the only re redactions that were made were the vta officer and the suspect. this video does contain graphic footage. >> here is the

the bullet hole. you >> that was >> hold it. >> sam, hold that top. give us another unit over here. >> hold cover. >> sarge. sarge.

>> open that door. >> go behind that and hold that door. >> we need need need need need doors. >> hey, hands behind your head. >> turn around, turn around. >> back up, back up, back up. >> what do you have?

>> okay, okay. come back. >> where's your key pass? >> we need a key pass. >> i'm going to push it open all right. this door, this door. go one more. and you're watching body camera video of last week's vta shooting at the guadalupe body cam footage by santa clara officers responding to this shooting that left 9 people deed. we cut away from it because

there's some swearing. i've watched the whole thing that we have. there's some swearing and there's a victim that's slumped over the table that had been shot apparently. we've blurred it. it is available on our website abc 7.com. but we did not want to show it to you here. so you can see more of that if you wish on the website. but let's go back now. they were just playing this live for us at the news conference being held by the santa clara county sheriff's office. we're going to go ahead and continue that live news conference in just a moment. but what we want to do is get past that portion of the video. they'll let me know when that has aired. last week a gunman, an employee of vta walk into the vta rail yard, opened fire killing 8 people. basically right away. a 9th died later at the hospital. a tragedy that has absolutely shaken vta to its core and the community. vta rail service still has not resumed and we don't have a start date yet for when the

commuter service will continue because they are giving employees time to mourn, seek counseling, take some time. what you're looking at now is file footage of the incident last week. police response, emergency pled cal response. this was a person, this gunman who was clearly disturbed had been angry for some time and had a large number of weapons at his home and a few with them at the scene. let's go back and take a look. >> we believe that shot that went through the window casing was the first of the three shots. that's preliminary because at the crime scene things are not done. we believe that's first and the next two shots where he shot himself once under the chin. it wasn't fatal and in the side of the head. >> at this time i'm going to

open this up to any questions. >> sir, >> i mention -td mentione earlier that we were very proactive after columbine. that a s.w.a.t. team does not go in until we get the team. i think it's important that we train together. you saw how the sheriff's office in san jose worked as a team without any words. we i thought it was important to show that this protocol i believe saved lives. there are over 100 people in that area. he had a lot of additional ammunition and had most likely

set the fire at his house. really is to highlight what we do and what the officers really face, fortunately not on a daily basis but they're willing to risk their lives going in there and knowing that other people can be saved and i think that's an important message for the people in santa clara county to know about the quality of law enforcement that we have. >> are there any indications that cassidy knew that the police officers were in the building before he took his life? >> i don't know the answer to that. we suspect so. you saw we had the flashlights when they were clearing that room. and you saw the person with the body worn camera say clear right. because there was not a lot to the right. the left was wide open and they were going through that methodically until the shot was fired. you heard us yelling sheriff's office but that was afterward.

we had been verbal all the way through. yelling, there were other contact teams getting ready to go into other parts of the building. i would believe he either heard us on saw the flashlights through the windows that he apparently had shot through. i believe so. >> sheriff, can you tell us how you describe the work through that building as shots were being heard and going off. >> exceptional. we're all proud. >> every day men and women in this county go out and face the unknown. and the men and women of the santa clara county sheriff's office and of all other law enforcement agencies in santa clara county are brave and they put their lives on the line every day. they go out there every day trying to serve, and trying to

make this community a place. have you heard reports that there was an alert go out? >> i haven't seen the results of the investigation. i do know that he was talked to by a federal agency. i think it was homeland security. aoáeurpl i'm not sure what the nature of the threat was. we don't have detectives here now. but we will continue to put out information. certainly something that everybody is asking is motive. it's something we don't know now or are beginning to peace together. we -- beginning to piece together. we've talked to hundreds of witnesses and putting it now. >> were you aware in 2016 when he was stopped? >> i don't know that. i don't know the nature if he made any threats. i don't know that, at, at, at,

detectives probably do. >> sheriff, was there anything ebg changed between between bet and employee -rb anything exchanged between the gunman and an employee. >> not that i'm aware of. he was likely in that where they said clear left and move right. that's probably where the suspect had not gotten in there yet. >> any other questions? all right. again, thank you for your time. our thoughts and prayers do go out to the victims families and the employees of the transportation authority. please keep them in your minds. thank you. >> thank you. >> and of the ce>> ou

>> okay. >> thank you for your patience. it was a pretty difficult video. >> all right, you're listening to the tail end of a live news conference from santa clara county from officials who have released sheriff office body cam video of the shooting last week at the vta rail yard. where nine people were killed. we edited that. we didn't show you the entire thing live because there's a couple of rough moments on it ama but it is available certainly on our website. and the full story there as well. >> yeah you can just tell how intense it was even before we cut it off. they gave a great update on the latest. sheriff smith called the gunman a crazed coward. they said they have wrapped up all the forensic gathering but not everything has been processed yet. that still takes some time so we will continue to follow this and of course bring you any of the latest developments as we learn them. >> all rights that our report now for the moment.

we appreciate your time. i'm dan ashley. >> and i'm ama daetz for all of us thank you for joining us.

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tonight, major news on the coronavirus in the u.s. and one of the vaccines. the cyber attack affecting the u.s. meat supply now. and moments ago, the president on one of the darkest chapters in american history. the first president ever to travel to tulsa to mark the tulsa race massacre. it was 100 years ago today, smoke in the skies over tulsa. an estimated 300 black people killed by a mob. more than 1,000 homes and businesses burned to the ground. tonight, the president saying, "just because history is silent doesn't mean it didn't take place." also tonight, the news on the coronavirus in the u.s. moderna now joining pfizer, applying for full fda approval for its vaccine. and tonight, the country and this new chapter. new york city, for one, reporting a major milestone tonight.