federal investigators examine the tracks where a b.a.r.t. train struck and killed two workers. today striking employees light candles for the men. good evening i'm ken wayne. >> and i'm heather holmes.

sorrow tonight instead of anger. the deaths come as they're trying to get b.a.r.t. and the unions back to the bargaining tables. >> reporter: but as of tonight, that still has not been done. here is the latest. late tonight the unions made a counter offer. we'll have more details on that in just a few minutes. there were no face to face meetings today and b.a.r.t. says there are no scheduled talks at this time. the closed door session will discuss labor negotiations. we have live team coverage for you tonight on the accident investigation as well as the ongoing strike. ktvu's cara liu is live with new information about federal investigators. but we begin with deborah

villalon. >> reporter: at the same time the unions have been suing b.a.r.t. to keep managers from even driving trains. so the acrimony and accident overlap. a candle in one hand, picket signs on the other. the fractures reality at b.a.r.t. a work force wrecked by conflicting emotion. >> this is something that we are just totally totally horrified by. >> reporter: union leaders call for mourning but before b.a.r.t.'s catastrophe, management was talking about talking again. now they wonder if the tragedy changes anything or changes everything. >> i think it's time to stop fighting and become a family again. because we will be a family again. it seems like we're fighting and at odds. >> you can't hear the train when you're on the tracks, they

call it the silent killer. >> wonderful man, he was extremely safe about everything. >> reporter: inspector chris strickland died not far from saturday's accident. because he had not been told trains were being transferred that day. >> just as gym's accident happened. this should never have happened at all. i just feel so bad for these families. it's just awesome. they're lives will be changed forever. >> we pray that you comfort my brothers and sister tonight father god. >> reporter: out of the accident, b.a.r.t.'s battling camps might find common ground. but the chief negotiating

officer says that -- now a new union offer is out there but a new climate a question mark. reporting live in oakland's lake merit station. deborah villalon, ktvu news. our team coverage continues now with the latest on the federal investigation into the accident that killed the two b.a.r.t. workers on the tracks near the walnut creek b.a.r.t. station. ktvu's cara liu joins us with how long this investigation can take, cara. >> reporter: investigators say they'll be here on scene any where between four and 10 days and they hope to interview the train operator as early as tomorrow. this as union members held a vigil tonight. >> this man's loss will be felt by everybody from now until i see my maker. >> reporter: dozens gathered at the walnut creek b.a.r.t. stake for a candlelight vigil saying they wanted to honor

davis and shepherd the two b.a.r.t. workers killed in an accident. >> it's a great sadness that we're here. it's unnecessary senseless and my condolences to the family and to the kids that don't have a father. >> they are our b.a.r.t. family. we're a little dysfunctional right now but still we are family. >> reporter: perez worked with shepherd. >> i just know it's going to be very difficult to go to work whenever that is, and he's not there. i will definitely miss his presence. >> reporter: at the crash site ntsb investigators arrived early this afternoon. >> today, we walked the accident scene with the parties. mechanical inspections are being accomplished on the which i -- on the equipment. the ntsb is looking at factors. investigators would not confirm who was at the controls. some managers have been

operating trains to move employees and cars. officials say the train was running in automatic mode at time of the crash. >> we requested data down loads for all the train equipments. this data is limited and is not as detailed as it might get from time to time. when asked how they'll deal with whether the strike played a role in this accident, the investigator in charge says he is aware of the strike and is planning to listen to all of the information that comes in. we're live in walnut creek, cara liu. as cara mentioned, lawrence daniels was the contract worker struck and killed yesterday. daniels owned a railroad engineering firm that specialized on automation. daniel's widow was surrounded by friends and family today. her grief and shock were evident when she told ktvu that she didn't know anything about his work in walnut creek or the

circumstances leading to his death. now more on this counter offer late tonight that they say will get the trains running and end the strike. they will not allow members to risk unsafe conditions. the changes are to allow flexibility. atu local 1555 b.a.r.t.'s other union announced it will bring b.a.r.t.'s last, best and final offer to the union later this week. and with no deal and no b.a.r.t. trains it is expected to be slow going on bay area roadways. >> that afternoon closed door session it will come hours after thousands hit the roads

for the morning commute. and there is sure to be a big back up at this place. the bay bridge plaza. as you see it's pretty smooth sailing tonight. >> and it is expected to be another day of gridlock on other major roadways including interstate 80 in emeryville. right now you can see on a sunday night a significant traffic heading east and westbound. but heavier traffic is expected tomorrow. caltrans reported traffic delays around the bay area ran about 30% longer than usual and up to twice the as many vehicles used the car pool lane on interstate 80 on friday approaching the bridge. to help ease the congestion there will be a few options for would be b.a.r.t. riders tomorrow. >> the transit agency is offering charter buses for

people heading to san francisco. they will pick passengers up from 5:00 a.m. to 6:00 p.m. from el cerrito del norte. dublin, hayward and fremont. and drop passengers off on howward street in san francisco near the transbay terminal. buses will be running back to the east bay between 3:00 p.m. and 6:00 p.m. the san francisco bay ferry service will also help commuters tomorrow with added service. ridership has jumped during this strike. more than 3,400 people in fact, took the ferry yesterday morning. that's compared to an average weekend morning of 1,600 passengers. >> be sure to stay with ktvu and ktvu.com for the latest developments. our coverage continues bright and early tomorrow morning with what you can expect on the roads before you

head out the doors starts at 4:00 a.m. management and labor leaders will make presentations to a panel appointed by governor brown. later this week the panel must recommend to the governor whether he should ask for a cooling period. the hearing is at the state building on clay street at 9:00 p.m. truckers at the busy port of oakland say they're planning a major labor action tomorrow. we spoke to one of the organizers tonight who say truckers will protest against unsafe working conditions. but say they will not ask for a top order. it happened about 2:20 this morning at the intersections of mission and 16th street.

police say the man was shot in the back. he was taken to san francisco national hospital and died a few hours later. a multi car collision involving six vehicles shut down part of a major east bay freeway. that pile up happened about 5:30 this morning just west of the pleasant hill exit. the driver swerved to avoid manager in the road ended up hitting the center divide. that caused a chain reaction crash. no one was seriously hurt. a fire in a walnut creek apartment building forced a dozen people from their homes. the fire started about 1:45 this morning in a building on north pacific drive. investigators say flames started over the gram and spread through the two story building. >> we have an apartment fire spread into what we think is

proximate fire. >> no one was injured but the smoke and flames damaged the homes of five people. there's no word yet what started if fire. an unusual courtroom find in san francisco that has the district attorney and a public defender on the same side. the wildfire prevention district set up to protect the open hills is set to expire. what you need to know about an upcoming vote. the federal

today marks the anniversary of the oakland fire. funding for the wildfire protection district created to safeguard the oakland hills will soon run out. >> it's so hot as i was calming off the field i had to sit this way away from the door with the air conditioner on. >> it was like being in the movies didn't feel like it was real. >> reporter: piper and her family escaped the fire storm that engulfed the oakland hills. >> my god i've never seen anything like this. >> reporter: but 25 others trapped in cars and homes could not have outrun the savage

stormed fueled by high winds. through the continuation of the wildfire prevention district, attacks currently funding fire control will go away in january. >> this is too important to leave up to the general fund. >> reporter: district organizers say their challenge is making sure that people realize that the issue is up for vote. this week some 40,000 ballots will be going into the mail. they have to be returned by november 13th. for the past 10 years, homeowners within district boundaries have paid $65 annually. the new measure increase it is cost to $78. >> i would be listening to consider an increase. >> reporter: scott levine and his family moved to the hill after the prevention district was created. >> we knew it was a lot safer. with prevention the risk is

much much lower. >> reporter: he and his neighbors might be concerned about the new taxes but he thinks back to 32 years ago. >> i would definitely vote to renew it. i think it's critical to the area to keep it safe. >> reporter: to see whether your home is within the district, head over to ktvu.com. the california public utilities commission will be issued tomorrow. a judge ordered to release pressure in the line after pg & e e-mail raced questions about a quote san bruno like situation. the utility last week petitioned to have that line put back into full service saying tests completed last week show that the line is safe. until the wake of the deadly

2010 explosion and fire in san bruno. the u.s. is dealing with fall out from the budget battle that shut down the government for 16 days and it costs the economy an estimated $25 billion. house minority leader nancy pelosi said today it can't happen again. >> we have to go to the table, understanding that we cannot shut down and we cannot place in doubt the credit of the the united states of america. we have to recognize that among those on the republican side are those who are anti government ideal hogs. >> reporter: republican senator mitch mcconnel agreed today there will not be another shuttown. the next hope is for a economy to shut the gap. the government shutdown ended last week. but there's a $91 billion difference between the approved budgets. the economy aims to close the

gap by december 13th and today the senate majority whips that everything should be on the table including taxes. >> that means republicans have to be wanting to put revenue on the table. i just can't understand this basic premise that this tax code is sacred. that there aren't loopholes in there that should be closed and the savings be decaded to reduceing the deficit. republicans refused to consider taxes but they want to lift the sequester cuts affecting the pentagon. president obama says he wants a balanced approach to the budget that is fair and will help america's hard working people. president obama will speak tomorrow agent the glitches that have plagued implementation of the health care act. >> it's been a fiasco. send air force one to silican valley. load it up with smart people. bring them back to washington and fix this problem. it's ridiculous. everybody knows that. >> so far about a half million

americans have applied for insurance but 7 million are expected to apply. coverage begins on january 1st. gas prices fell almost a dime a gallon across the nation during the past week. but savings here in the bay area have not been quite that dramatic. analysts say the price drop reflecting the tensions in iran. in san jose today's average price was 3.78 down three cents for the week. in oakland $3.80. also 3-cents cheaper than last week. while prices at the pump are dropping holiday air fare is soaring. averaging $415 round trip. travel experts say the cheapest tickets for holidays can be found at the start of the year. they say your best bet this late in the game is to be flexible with your travel

dates. developers are getting extra time to submit plans to the airfield. the deadline for proposals was last week but the government shutdown put a hold on proposing plans. the person who wins the lease will need to replace the siting on the huge hanger in mountain view. the silican valley company is getting ready for a stock offering. last week the san jose based data storage company filed paper for the security and exchange commission for the ipo. it plans to raise $150 million on the new york stock exchange under the ticker symbol mmdel. no details on share pricing. no end in sight. the fierce fire fight in alaska. and the truck that veered

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you are watching as a volunteer firefighter drives through a wall of flames in new south whales australia. a state of emergency is under way at the state in wildfires that have scorched 250 acres. one man died apparently from a heart attack as he was working to fight the flames on his home. dozens of people were injured at a gay pride march today in monte negro as police launched tear gas to protect

marchers from anti gay demonstrators. police say they were able to keep the violent protesters away from the marchers. however those opposed to the march ended up throwing rocks and molotov cocktails at the officers. police successfully protected the marchers who were able to walk safely through the city. a potential witnessness against whitey bulger was poisoned but not by bulger. there was considerable allegations that his death was tied to him confessing against bulger. they charged one of his own business partners by lacing his

drink. authorities caught up with jenkins and walker last night. the two men were serving life sentences for murder without the possibility of parol. but they were released after prison officials received legal looking documents that appeared to be signed by a judge. >> it is embarrassing. but my concentration at this point is i think, everyone else here is making sure that we come up with a process and a procedure that prohibits this from happening in the future. >> reporter: prison officials say the men had help getting the forged documents and they are vowing to arrest anyone responsibility. take -- anyone responsible. this is video of the moment of impact. 80 people were injured but all are expected to survive. an accident at this same train station last year killed 52

people. a surveillance camera captures a -- the truck did topple fortunately though it did not hit any other vehicle and no one was seriously injured. unlikely allies join forces. what is bringing the san francisco district attorney and public defenders office together. and also

returning now to our coverage of the ongoing b.a.r.t. strike. >> there were no talks this weekend and no talks have been scheduled. b.a.r.t.'s board of directors is set to hold a special meeting tomorrow to discuss the

status of labor negotiations. b.a.r.t. trains will not be running tomorrow as we enter day four of the strike. taking a live look now at the san mateo bridge. you can see traffic flowing across the bridge at a pretty good clip here on this sunday night. the bridge will see an increase in traffic tomorrow morning with this ongoing strike. you can expect gridlock here on interstate 80. take a look at this traffic on this sunday night in emeryville. lots of people heading in both directions tonight. of course on friday, the last workday of the strike. the first day of the strike we saw an increase in traffic delays especially here on interstate 80. and another reminder our coverage continues tomorrow morning. we will have the latest plus what to expect before you head out the door. we'll start a half hour early at 4:00 a.m. tomorrow is the last day to register to vote for the upcoming november 5th election. the election is all about municipal races.

one of the most controversial races is a measure to support waterfront development in san francisco. the secretary of state will accept voter registration through midnight tomorrow. you can also register online. new at 10:00, there is concern tonight that many people arrested in san francisco will never get a fair trial. that's because some superior court judges want to get rid of a program that helps those find their way through the justice system. ktvu's patti lee explains the public defenders office is helping to keep the program running and has the help of an ally. the still's district attorney. >> they shot me with a rubber bullet in my leg. >> reporter: guzman describes a run in with some san francisco officers who later arrested him for assault. certain no one would take his word over the police, guzman wanted a deal but his lawyer pushed for a trial and it paid off. the charges were dropped three weeks ago. >> if it wasn't for them i

don't know what would have happened to me. they really fought for me. >> reporter: we caught up with guzman's attorney where he is a volunteer taking on 40 cases in exchange for trial experience. it's part of a training program in place for the past 30 years. >> how many cases are you at right now. >> reporter: but a built in legislation in favor of your jury trial. rules that would require a higher level of supervision for volunteers. so high it could dismantle the program. what they want is they want a staff member from our office to sit down next to them during every single stage of every single criminal proceeding. >> reporter: elizabeth hilton

manages the volunteers. >> i just don't get it. >> reporter: neither does public defender jeff adachi. >> the thing that's more troubling is that the court is proposing this rule not because of any problems with these lawyers but because they are unhappy that these lawyers are trying cases. >> reporter: adachi showed up hundreds of letters written in support. there to help him make his case an unlikely ally, d.a. george gascon who's always also relies on volunteers. >> i think there's some concerns when you have the judicial trying to dictate what he expects the branch is going to do. >> reporter: gascon is confident they'll find another

way to offset its budget shortfalls one that does not infringe on the budget's constitutional right to the jury trial. in san francisco, patti lee, ktvu channel 2 news. the d.a. public defender and at least one superior court is meeting again tomorrow. we're told that they are close to arriving at a compromise. >> 39-year-old bryan criswell of santa cruz is accused of abusing two minors. he also worked as a volunteer wrestling coach. the santa cruz sheriff department is asking anyone with information on is this case to give them a call. two workshops are scheduled for tomorrow on the new restaurant rating system in santa clara county. restaurants must soon hang

color coded plaquers. tomorrow county officials will hold a spanish workshop for restaurant owners at the mexican lindo restaurant starting at 1:30 in the afternoon. a second meeting will be held in english at the cupertino city hall at 2:00 tomorrow afternoon. dog owners are expected to pack a hearing tomorrow about where dogs could be walked or run off leash. recently the national parks service issued draft rules that restrict dogs at the golden gait recreational area. the city is concerned about seeing more dogs in its parks if the rules are passed. the hearing takes place at 1:30 p.m. tomorrow at city hall. >> tomorrow is the third and final day of a mortgage relief workshop in oakland. hundreds of home openers so far have been at the home at the convention center trying to get their house payments reduced. the nonprofit neighborhood assistance corporation of

america is hosting this free event. they're prepared to negotiate and in many cases approve lower monthly mortgage payments for struggling homeowners. signing up online ahead of time is recommended but you can also go through the process without registering tomorrow from 8:00 to 6:00 p.m. the night crawler that paid a visit to wal-mart. we'll tell you why the creature had a long walk to get there. also, beautiful weather across much of the bay area. summer like some would say. is t

well two different weather worlds out there here in the bay area. the cool temperatures, jacket weather for the beaches. those temperatures only in the

50s and inland quite nice with lots of sunshine. temperatures in the lower 80s. here's the latest right now on the maps. you can see the fog redeveloping offshore right around eureka down toward monterey bay. this trend will continue at least for the overnight hours. so we are expecting the low cloud to be on the increase this big solid fog bank just offshore will continue to increase in coverage for late tonight and into early tomorrow morning. current temperatures are dropping off as you would expect. pretty chilly in santa rosa. 47degrees. san francisco 50. san jose 56 and clear skies out toward antioch. livermore those neighborhooding neighborhoods still in the upper 50s. there's the north tower of the golden gate bridge. a solid marine layer. tomorrow a repeat performance. be careful driving the bay bridge. the richmond bridge because the fog will be doing its thing.

early morning temps will be pretty cold. san jose 49 and livermore starting the day 47 degrees. partly cloudy skies. areas of fog. in fact, here is our live camera right now looking out toward san francisco and the bay bridge. there's the fog bank. you get the idea of haze out there out in the distance. tomorrow no major changes with the temperature department. cool temperatures for the beaches, upper 50s to lower 60s. warmest locations inland we're talking lower 80s. by this time tomorrow. the surge will be building a northwesterly swell. we could have dangerous rip currents out there. waves and sets could be topping 10 feet approaching 12 feet. this is for monday and into tuesday. here's the over all weather pattern. no major changes for tomorrow. temperatures not budging too much as well. the next change by friday. the high pressure is offshore close enough to generate the clouds and all the shower

activity should remain offshore but close enough. we do have to bring in just a tiny chance of a shower. that would be on friday. so slight chance. for tomorrow morning we're starting out the day with cloud cover. dense fog for san francisco, oakland, right around ocean beach. clouds go back to near the shoreline into the afternoon hours. temperatures not a big change from today. showing you the 70s for santa rosa. stinson beach 66. oakland we'll go 72. we'll find the warm numbers toward livermore and gilroy. san francisco a forecast high of 66 degrees. temperatures not changing too much over the next few days we do thicken up the cloud cover on saturday with a slight chance of light shower just offshore. saturday still lingering clouds. we'll gradually clear up the clouds. still fairly quiet. no strong storms showing up just yet. that could be changing later in the month as we head into -- approaching november as well. >> sound good, thanks mark.

>> thanks mark. >> sure. wal-mart shoppers outside of orlando last night got a creepy surprise. this alligator outside close enough to set off door alarms. eventually the alligator wandered off back to nature. although the trek might have been long, the nearest lake and preserve 6-miles away. the annual nike women's marathon brought thousands of runners to the streets of san francisco today. it is the tenth year for the event which started at union square and wound along the waterfront and the precidio. the area around the starting line was crowded before dawn this morning as you can see. organizers said they expected as many as 30,000 runners from the nation to participate. the event has raised more than $143 million for the leukemia and lymphoma society. >> congratlations to everyone who participated in that.

a run down of week seven sowhat can i get you?

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good evening everyone thanks for joining our sunday night edition of sports wrap. 49ers went back to football 101 today in tennessee using this simple formula. quick lead, control of the clock and take advantage of a desperate team's mistake. kaepernick passed for 138 yards. makes an incredible catch. antwon didn't score, you have to like that. that was part of an 80-yard

rush that almost turns into a turnover. hold the phone gertrude. late hit on kaepernick. niners hit the ball and don't do that again. kap decides to take a hike. he outruns the defense. makes it 10-0 niners. first rushing td in the season. looking back again to number 21 frank gore. he levels the defender. 49ers reminded tennessee that we're physical on both sides of the ball. brock takes it back to the titans sideline. watch kaepernick roll out and look for this tight end advance. this ball goes right into the grass. only catch of the game but he's one of the good hands people.

frank gore caps off that drive with one of his 2-one yard touchdowns makes it 17-0. 49ers ran for 153 yards and yes kaepernicking is still in vogue folks. second half was filled with tons of challenges, reviews and a lot of rough housing. even harbaugh gets caught up in the action. dude, where's my arm. chris johnson short pass, turns it into a long touchdown run. chris johnson simply outruns the entire 49ers team. that's a 66-yard touchdown. tennessee's darius bernard with the punt. that's kasim with the recovery. it's oh so good. niners win 31-17. san francisco wins its fourth straight. they're 5-2 now thanks to all three facets of the game.

>> during play, by daryl morris and osgood. that's one you lay awake at night and dream about. it looked like an arrow. 4-3 speed and then being the veteran that he is, pounced on the mistake. and it was a great play. 49ers now play jacksonville next sunday in london. the winless jaguars got beat at home by san diego. phillip rivers throws a touchdown. that's not what they mean by the jaguars pack their bags for london. steelers beat baltimore. you know that game of the week,

well it was going on in indy. manning throws his first td pass. manning had three td passes against his old team. manning's new replacement andrew luck threw a pass. luck also ran for a touchdown but this short td pass to cleaner put them ahead for good. peyton's place no longer officially anything that is relevant. a thing of the past. they hand denver its first loss in seven starts. 39-33 your final. colts are 5-2. the only remaining undefeated team is in kc. and second quarter it's 10-7 texans. houston is reeling, chiefs are rolling. nobody home so he runs up the

gut. chiefs win to go 7-0. it's their best start since 2003. in jersey today, new england tight end gronkowski back for the first time. jet's kicker nick folk misses the field goal. but are flagged for illegally pushing the team. polk gets the sec time and hit the game winner. jets beat the pacs in ot. washington knocked cutler out of the game when chris baker sacks him. cut to the left the game with the groin injury. rg3 he ran and threw like the rookie quarterback we had last year. make it is precision throw. that ball ends in between a pair of chicago defenders and gives the skins a 38-33 win.

and bears come back and lead with less than a minute left. skins win 45-41. they're 2-4. bears fall to 4-3. st.louis rams they may have lost their quarterback sam bradford today. this was the first play from the line of scrimmage. captain mumerly catches it. no captain munerly finds the end zone. later in the game bradford falls before gets him and thrown out of bounds. all that tim tebow rumor started circulating around st. louis before they even carted bradford off the field. bengals quarterback andy galton threw three td passes. this is an 80 pass rush to

green the machine. dead locked 24-24 until the final play of the game. mike nugent steps up. 27-24 is the final. lion fans how many times have you seen that happen? too many. tampa bay stays winless. buffalo sticks by miami. aaron rogers three more td passes. steelers win for just the second time this season. dallas holds the eagles to a field goal. cowboys take sole possession of the nfc east. coming up it's now or never for the san jo

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just two games left in the nlcs season. a tie well a tie gives them a thin thin sliver of a chance to get in. carson to play the l.a. galaxy. quakes some close calls in this match. meteir just misses. look again it's so close. yet so far. san jose's goalie john bush also up to the challenge. he stops landon donovan. the game ends in a scoreless tie. any chance to advance, yeah 12 goals good luck with that.

after today there's just four more races in nascar's sprint cup challenge. jimmy johnson finished 16 so now he leads kenseth by four slim points. talladega usually brings in super crashers and on the final lap, austin dillan number 14 car. he's racing for the injured tony stewart. watch this car slide to the high wall. somehow everyone avoids him against mears. a little wall slap, are you kidding me. cheese and crackers. jamie mcmurray pulls off the win. jimmy johnson your current points leaders. and must have loved his odds on winning the shriners hospital for children's open. web simpson shot a 5-under 66. this is his chip on the par-4

15. check please. simpson has not won since the olympic club where he beat joseph bone busy six strokes and earns a fat $1 million check. and here's this weeks six choices for the game of the week. san ramon valley against california. or el camino versus king academy. we'll announce the winner on thursday and feature that match up on friday. but that's sports as we see it for this sunday night sports wrap. 49ers win big on the road in tennessee. and they're still flying on the way to london. >> yeah, yeah. pretty cool. >> long trip. >> it was cool i have to say to have tony clark here in the

studio. thank you for making ktvu your choice for news. >> join us a half hour early starting at 4:00 a.m. for the very latest on the b.a.r.t. strike and your morning commute. you can get updates on the strike any time on ktv -- mom... yes honey? dad told me that cheerios is good for your heart, is that true? says here that cheerios has whole grain oats

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