12,500. least support on the jeep grand cherokee for by e temperatures sponsored by u s bank. building a better bay are. i'm watching getting every day, wed withues iortant to the bay area we get answer time wth is quickl mting ourisric snowpack as how great is the rie talk with the folks from the berkeley central sierra snow lab. challenging economic conditions, one-sided factor for the soon to be closed nordstrom. the mall has another problem, human waste, our media partner, the san francisco standard looks into the numbers. san francisco district attorney brooke jenkins taking political

heat, over her decision not to charge the security guard that shot brown in a shoplifting start confrontation. some in the community demanding jenkins be recalled, today supervisor erin tweeted, he is introducing a resolution calling on state attorney general and the apartment to review the case. joining us live now to talk about the conflict -- complexities of the charging decisions is david. deputy district attorney with the alameda -- currently with the law firm, richard, watson, gershon, specializing in police matters. >> you were a prosecutor for 20 years in alameda and santa clara counties with over 50 solo jury trials under your belt. you have watch the various videos you have read through the reports and the transcripts the

das office released. it is a lot. what is your professional reaction? >> i have a lot of respect for her and the hard work of prosecutors exit causing -- exercising her because as usual duty to make the tough calls. in this case i cannot say she is mistaken. i think is a very close call. if you lined up a hundred prosecutors in experience of charging these homicide cases while it is clearly a tragedy you see a split of 50% saying you should charge and another 50% sing should not charge. it is a very tough call. >> why is a tough call? in the public, they look at the video they think it is not as tough of a call. why that discrepancy? what is a prosecutor seeing? >> reversing a professional prosecutor learns as you do not take any piece of evidence in isolation. i will admit when i saw the video on looking at the video, it seemed clear to me that this

was wanting a charge of murder or manslaughter. when you look at all the evidence that she released yesterday through her office, she was not obligated to do it gives you in window. which as prosecutors we are sworn to look at all the evidence. you look at the police report, third-party witness stamens, you break down the video, and you look at the statement from mr. anthony the security guard himself. you get a slightly different picture that makes it a much tougher case to call. >> i do want to dive into some of those pieces of evidence you talked about in more detail. beginning with anthony's known police interview we do have part of that lined up. let's listen. >> the whole time we were wrestling. she was saying she was gwen stefani -- going to stab me. that is what put the fear in my heart. >> she walked towards the door. >> she turned around back

towards me, that is when already had my weapon drawn. when she moved towards me, that is when i fired one shot. kristen: what do you make of that? is anthony credible? is anthony believable? >> ultimately the decision on whether a witness is credible you could argue is something that goes to a jury to decide. a prosecutor evaluating a case does have to evaluate the credibility. i found him to be entirely credible. i found him to be remorseful reviewing his statement. he did not appear to be hiding anything. he was fort wright, he -- forthright he was on his he seemed devastated that he took another human life. the worst thing a person do. you hit on it he stated he felt, her statement, that she had a knife, it comes down do you

believe he was telling the truth? dear believe as her sandal law that his fear, or the need to defend himself was reasonable? that was the crux of self-defense. was the person acting reasonably in believing the immediate use of force was necessary to defend against that danger. we have third-party nurses that cooperate -- witnesses that cooperate some of the incidents mr. anthony told police officers. ultimately it is a judgment call for any prosecutor to decide. do i believe the person making the statement? do i believe they are reasonable in the believe application of self-defense? that is where i stand by what i said earlier. if you take 100 experience prosecutors you might get -- it split down 50-50 on a few charges case or not. kristen: with regard to the park the security guard talks about brown coming back at him and lunging.

that is the part-time video. every complete -- part on video. if we can play the video rate for the shooting, a lot of people in the public they do not say that. the coming back it seems like brown was walking away with the bag. walking backwards. was there more to that? you mentioned witness statements. where there witness stamens that supported that version of a happened at the very very end? >> like you say the video itself and i watched it, i watched it five times and i did not see a lunch. i was not looking for. was only after i reviewed the police report that broke down the incident frame by frame in conjunction with mr. anthony's statement that he felt or heard mr. brown say that he had a knife they have to put that into the mix. did mr. anthony think that mr. brown was lunging at him with a knife? when you look at it with an understanding what occurs you will see a slight lunge as mr. brown is outside.

he turns back around and is a slight lunge. not a jump, not elite, it is very very slight. -- not a leap, it is very very slight. that is the point were mr. anthony raises his weapon and resent him. is a tough judgment call to if you think that is enough of a reasonable belief and a need to defend yourself with deadly force. kristen: let's listen to what da jenkins said yesterday as she knew it would be a controversial call. >> at this time there is nothing to rebut his statements regarding the fact that he acted in self-defense. a life was lost, that spawns grief, that sponsor motion it sponsor reaction -- spawns emotion, and reaction, it is normal in human. as part of what we do in the das office. i cannot base my decisions on that emotion. >> the decision had to be based on what? the fact that there was nothing

to rebut anthony's claim? or the decision based on can i get 12 people to convict? it is the standard used as prosecutors? >> the standard as a secure your held through the -- to the constitutional standard can you prove the state -- case beyond a reasonable doubt? it is not a hard and fast roi if you have 11 of this into of this you file. d -- 11 of this can you file? i think in this case ms. jenkins absolutely did that, she followed her constitutional duty. having said that i think there are other prosecutors that would also believe they are following their constitutional duty that might reach a different conclusion. you mentioned i worked on the go ship case. we filed six counts of voluntary -- 36 counts of voluntary manslaughter, people were

clamoring for murder charges and evidence did not support that. there is times as a prosecutor we had to make those tough calls. your duty is to the constitution and uphold the laws the. facts as you see them. . she is elected district attorney and the way to that decision falls on her she did the best job she could, analyzed it as professionally as any district attorney could. >> there are calls by politicians for the doj or the state attorney general to review the case. what charges could they file? is it something that would typically happen in a case like this where it might be controversial? >> the attorney general has the authority to take a case and review it. the attorney general bylaw is a top prosecutor, the top cop for the state of california. it is his discretion if you want to take the case from a district attorney into a secondary review. it has happened in california's history, cannot think of one of the top my head.

. . it has happen from time to time. one thing over the caution in all district attorney snow this when we become district attorney's, when you have enough experience the higher up you get as a district attorney, you will get clinical pressure. there will be emotions, as little pressure, there will be emotions as she stated. there will be grief, rightfully so, a person must live a person should not have lost their life. in those timesfo ia pros tvi a a se. facts t r an equal and fair administration of justice. if the attorney general decides that justice is not served, it is clearly within his right to do a review. kristen: what about f what can the department justice considering terms of charges? >> i had not analyzed it from

federal criminal standpoint of your talk about something federal you're talking about some sort of civil rights violation. maybe some sort of gun where federal gun laws come into play. i do not see that here. i have not done a deep dive into whether they can be a federal cause of action in this matter. kristen: you talk about the political pressure. as prosecutors and no you're not supposed to do you ever consider the public response? being voted out of office, being recalled as part of your charging decision? >> happily owes never an elected district attorney. i rose 18 years as a deputy district attorney and never felt the pressure of reelection. i will say district attorney's, i have met many of them who are elected over the course of my career. who i admire the most, try very hard not to bend to political pressure. is a very slippery slope.

one day you are on the right side of the political wheel and the next a year on the wrong side. when you are dealing with individual lives, in this case mr. brown and mr. anthony, you have a duty to them and their families and the victims. and more portly the law -- importantly the law to be objective, college straight, not bow to political pressure -- call it straight, not bow super bowl pressure. -- political pressure. we consequences happen to me are inconsequential to what is needed to protect the immune -- the community, the memories involved in this case. kristen: i do not know if you can answer this question or do you do not want to answer this question, but, what would you have done in this case? >> out of respect to ms. jackson's -- jenkins, think she is a hard-working prosecutor, i would decline to say what i would do.

i have my opinions. certainly. i have charged difficult cases my career. i never liked someone coming up on the news after the fact and saying he got a raw. i will read -- wrong. i will list -- respect ms. jenkins, people will disagree or agree, that is their right as well. kristen: david, thank you so much for joining us today. thank you. coming up n the sierra from raging rivers to the possibility of flooding. the lead scientist at uc berkeley snow lab will join us next talk about what we can expect is a huge dumping of winter snow and here to tell you about life insurance through the colonial penn program. if you're age 50 to 85, and looking to buy life insurance on a fixed budget, remember the three ps. the three what? the three ps? what are the three ps?

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kristen: the big melt is on the 60 plus feet of snow in the sierra is melting and risk of flooding possible the high sierra later this week as knows more about -- more snow is expected the higher temperatures. we want insight on what to expect. joining us now angie you schwartz, lead scientist at the -- andrew schwartz, lead scientist at the snow lab. this winter was second snowiest in the lab history, right? >> second snowiest behind the winter of 1952. 54 inches of snowfall in the head 812 inches, not clo that one but we are happy with second-place. kristen: all that snow has been melting the last five weeks how much is melted so far? >> a bout a reduction of 34% in

the maximum snowpack. all the 754 inches have compressed down quite a bit. we have seen a reduction of snowpack depth of 78 feet -- feet. realistically we have another nine feet, 10 feet on the ground in most spots, plenty more to melt off. kristen: are you ok with that pace? if it was up to you would you say stop it with the high temperatures and have the melting having that happen slower -- melting happen slower? >> we are in accelerated if you wanted to stick around and help with the fire danger. that being said it could be faster. -- [indiscernible] faster than i would like.

overall we are pretty ok pace for the time being. kristen: still there are some flooding worries, three campgrounds at yosemite national park closed up due to the fears of flooding. i wonder if you think snowmelt closures in yosemite are likely to continue over the summer? >> through the summer? probably not the whole summer, the the seeable future that couple weeks looks like that will continue. we see the flooding on the rivers in the eastern sierra as well. likely that has been relatively localized -- likely that has been relatively level -- localized. over time the flooding should get less severe. it is unlikely to continue to the entire summer. for the foreseeable future it will be around. kristen: what are some of the sites we are experiencing or not experience and because of this happening? >> realistically we are experiencing a lot of good

recreation that will be going into the summer as we have rivers, once they pull back a little bit on their intensity, will be great for rafting and kayaking on. right now as far as the mountains and snowpack themselves we still have plenty of white on the ground. we are missing a bit of that green would ordinarily have by this time of year. we will have great recreation and great water going forward. hopefully we will keep the snowpack around as long as possible. kristen: do you expect more epic snow seasons in the near future? >> it is hard to tell. we are switching to an el niño pattern. especially here in the central sierra we do not much of a correlation between la niña, el niño and the snow. this season we are excited to be warmer than average and drier than average. that did not pan out. at this point in time we should

celebrate last winter's worth of great moisture and cross our fingers that we see another one next year. >> in the meantime let's hope it will lessen the wildfire risk for us, right? >> absolutely. with the additional moisture going into the forest and ecosystems. the fact that is sticking around longer than normally would because of how big of a snowpack we will have. this should absolutely help lessen the fire danger. the big key being that we want to keep it around as long as possible and we do not [indiscernible] that will up the fire danger. for now it is deafly helping hopefully will stay that way. kristen: andrew schwartz with uc berkeley central sierra snow lab. thank you so much. >> thank you, you have a good one. kristen: coming up next once considered an upscale shopping destination in the heart of san francisco, the mall is suffering from fleeing tenants.

kristen: shoppers getting a powell surprise sometimes at san francisco westfield mall. human waste, joining us live is reporter for the san francisco standard, explain the situation. your cover -- article covers the increasing problem. you spoke with those with the unpleasant task of having to clean up the stuff. you spoke with the janitors, how big of a problem is finding human waste at the elevators at westfield? >> specifically the elevators on the mission street side where i have heard complaints not only from the supervisors overseeing the custodial team at the mall. also have a dozen workers at living dales and the movie theater -- bloomingdale's and the movie theater above. it is happening into elevators on the mission street side. according to the supervisor that

oversees the janitors, that i mentioned. it used to be happening around once a month. now, lately you see it happen more like twice in a week on average. kristen: twice a week. ok. today have any theories as to why the elevator is becoming a more popular place, shall we say, for people to do their business? >> sure, unfortunately i deny here from the corporate officers for the movie theaters, bloomingdale's, or westfield themselves. when i talk to the employees when the things he noted is that the nearest public restroom for on housed oaks of the nearest -- folks for a pit stop is at the bart station. it is the other side of the building. for some people the closest place that is secluded and private, it is an elevator. kristen: they have bathrooms

inside the mall. >> i just mentioned -- i was about to mention that, often stores have to close their restrooms because of sanitary problems or because of drug use. while i was there one of the managers i could overhear saying we have to close the bathroom because something happened in their. bathrooms frequently get closed. now mainly at bloomingdale's but the east century theater. aust -- often the only public bathroom available is on the second floor and a ways away from the mission street entrance when i was at the mall yesterday. kristen: in leaving cited economic conditions. there have been a lot of articles in analyst talking about this. the lack of foot traffic. people not shopping there anymore. i would think frequent bathroom closures if i was a shopper and knew they didn't have bathrooms that may deter me from going there. >> i could see that.

i did speak to some of the workers about that. you arig.idntn isean e second the bathroom closures inside of the stores, they are pretty frequent. when i spoke to work is about they mention that. the only public bathrooms readily available, open readily during the day at any given time during business hours are located on the second floor. >> what did they do about the cleaning? if this is becoming more of a relay thing, is there a solution? >> i asked the workers about what should be done. they said to me it seems like a very difficult problem to solve. you do not want to shut down bathroom access, you are making folks go on the street, it is inhumane and contribute to the problem people see, more in downtown, the tenderloin of human waste lining the sidewalks. one of the things they wanted to have was more public restroom

access outdoors. san francisco has the program called the pitstop program. 31 public restrooms geared for people experiencing homelessness. frankly there are critics of the program the sadist not enough. 31 of these restrooms for just under a thousand on housed folks as of the latest official count -- 8,000 on folks at the last official count. kristen: it is a difficult situation girly he would san francisco standard, thank you so much. you can

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kristen: thank you so much for "getting answers." >> david: tonight the deadly mass shooting. authorities are feeling the gunman was an 18-year-old high school student using ant y. video showing 18-year-old high school senior kids of killing three people, shooting and wounding several others including two police officers. the gunmen appearing to shoot at random, firing carsnd what we've learned about the suspect. mola lenghi in new mexico. tonight the secret service now investigating alarming breach. how did an intruder get into the home of president biden's national security advisor? jake sullivan confronting the intruder at 3:00 a.m. inside his home. pierre thomas with late reporting. tonight the suspect who allegedly went on the attack at a congressman's office accused of attacking two c