killed by a b.a.r.t. train. we will tell you which stretch of that track is about to be closed for hours during this federal investigation. good wednesday morning. i'm meteorologist, christina loren. give yourself extra time for thick fog. down to a half mile. a mile and a quarter in san jose. we'll let you know when the sun will breakthrough those clouds and a warmup headed your way. speaking of the clouds, no easy view of the east bay. we are looking at the nimitz for a crash causing slowing through hayward. we take you live to the south bay. you can see all that cloud cover out there. a very foggy start to this wednesday, october 23rd. this is "today in the bay." 6:00, state up, good morning, everybody. thank you very much for joining us. i'm jon kelley. good morning. i'm marla tallez in for laura garcia cannon. new details about a deadly

shooting involving two sheriff deputies yesterday afternoon. we are now learning the suspect, both sheriff deputies shot may have been a 13-year-old boy carrying a replica gun. bob redell is in the newsroom with what we are learning. >> reporter: according to the samoa county sheriff's office, deputies thought that this gun was the real deal, thought it was an assault rifle, did not realize until after the fact it was a replica. not clear whether it shot bebes. the person carrying it was according to the santa rosa. this is in a field in santa rosa. the sheriff's office said the deputies called for backup and repeatedly asked the subject to drop the gun. when he refused, they shot him several times, handcuffed him,

began first aid, called paramedics who declared lopez dead on the scene. deputies eventually realized his gun was a replica. they also found a plastic handgun in his waistband. they do not identify him but only i.d. him as a male subject. his father tells the press that the gun was a toy that belonged to his son's friend. he said, he told him son every day, to, quote, behave himself. here in the newsroom, bob redell. a rec and park worker accused of running over and killing a woman in holly park. chase cain is live in san francisco with the charges that worker is now facing. good morning, chase.

good morning, john. some rather serious felony charges in part because the prosecutors say that parts worker left the scene after he apparently ran over a woman who was sun bathing here on the grass in holly park about six weeks ago. that young mother was lying there where you see this memorial with her 11-month-old and her dog. the parks worker that is being charged with her death turned himself in late yesterday. 58-year-old tom bernoski had, woulded for parks and recs here in san francisco for some time. the district attorney charged him with felonyjv hit and run vehicular manslaughter, because it was in early september when he was driving a green parks and rec truck. apparently drove that truck off the path, hit this young mother and killed her while she lay there sun bathing on the grass. the 35-year-old's family were devastated. her child and the dog were not hit. we are told parks and rec rums

require anyone driving a vehicle off of the pag have a spotter. apparently, she did not have a spotter. no doubt, that factored into the charges that the district attorney filed just yesterday. back here live, this memorial has lots of pictures of the young mother, of her husband, of their 11-month-old. friends have many kind words to share about her. they say she was a very involved member of the community even helping people achieve their dreams. sort of acting as a type of life coach, helping people figure out how to accomplish things that they wanted to. as for bernoski, he is in custody awaiting that arraignment. he is being held on $350,000 bail. 6:04. new questions about a construction workers death prompting cal osha to reopen its investigation. take a live look at the stadium

this. new investigation comes one week after the second deadly incident at the site. an elevator counterweight killed 63-year-old donald white back in june. cal osha will only say new questions have been raised. they are looking at evidence. it originally ruled there was no violation in that particular incident. last monday, a driver died while dropping off steel rebar at the soon-to-be home of the 49ers. a bundle of rebar fell off his truck and landed on top of him. b.a.r.t. is shutting down a stretch of track in the east bay. "today in the bay's" christie smith live in walnut creek with more details on the investigation and how this will affect riders. this ntsb investigation means that these tracks here in walnut creek will be shut down for basically 3 1/2 hours starting at noon while investigators continue to look into how something like this

could happen in the first place with safety measures in place. there are flowers and candles out here for the two b.a.r.t. workers that were killed on saturday. these flowers, about 25 feet away from the tracks. they will try to figure out how to stop the tragedy from happening again. it was around 1:00 p.m. during the strike when the 58-year-old and the 66-year-old were hit by a train going 60 to 70 miles per hour. they had already radioed in to say they were on the tracks. their responsibility of safety, apparently their own. one worker was to inspect the track. the other was to acts a lookout. today, about the same time, between noon and 3:30, barth wi b.a.r.t. will operate a bus. there will be no service at the walnut creek station during this investigation. >> typically, they will try to

do the reenactment at the same time the accident occurred. >> reporter: the ntsb said everything appeared to be working mechanically. the horn sounded. there was no radio warning. that wasn't required. lights and brakes, they work too. none of the six people who were actually on board during the accident will participate in this reenactment including the b.a.r.t. manager at control for the certification. reporting live at walnut creek, christie smith, "today in the bay." we are also learning more about the deal that put an end to the b.a.r.t. strike and a mt. of wrangling between the transit agency and the unions. we dig into new details about the tentative agreement that is presented to b.a.r.t. workers, including how much of a pay bump is included and what work rules will be changing. that's coming up at 6:30 with scott mcgrew. it is 6:07. despite the heavy fog and low

clouds, christina loren can see clearly. she can forecast what is happening. >> good morning to you. everybody at home. taking a live look. this is san jose where we typically don't get really thick fog. we are really seeing it this morning. down to a mile and a quarter here in the south bay where you only have one quarter available to you this morning. up in the north bay, napa, about a half mile. up in santa rosa, we are at a half mile in oakland as well. these numbers will continue to fall off. make sure you give yourself extra time to reach your destination safely, specially if you have the little ones traveling with you. as we head throughout the next couple of hours, the fog will remain really thick out there. we are going to see changes as we head throughout the second half of your day. futurecast tells the story by about lunchtime. that fog will be almost entirely gone across the bay area. between 10:00 and noonan, partial clearing. looking real will i good fly go

second half of the day. 65 at the coast. stick around. i have your week conditioned forecast skoming coming up in just a few moments you see a pretty typical pattern getting back to normal after b.a.r.t. is restore. almost 50 trains on service right now. that's pretty typical for a wednesday. we're looking over toward the cash lane and the fast-track lane. the metering lights are on. the last to build are off of 580 and 24. the low clouds and fog are an issue. traffic and weather sis sticyst together. that indicates fog register fin for our road weather index. in many spots throughoutohnñ th north bay, half mile visibility for many of those folks. here, as you head south, 880 moves very smothly bothly but s

the slowing. as you approach, an earlier crash may still be sticking out into the slow lane. the earlier slowing i saw has started to ease up a bit after the tow truck got there. the flashing lights. it looks like they may have that lane blocked for a few more minutes. 580 and west 84. not a big concern. we will watch for potential concern. not a big deal there. the south bay looks really good. the rest of the bay, the peninsula looks very good. starting to build again as we approach 615, 620. at 680, no thet a big problem. north 101 with the head lights.

will detroit's bankruptcy be blocked in court? we'll tell you why motown will have to take another course to reconcile its $18 billion debt. is silicon valley on the hook for any of the money? we'll take alo look just ahead boston. the boston red sox could take a former san francisco slogan all the way to a world series title.

welcome back. we have thick, low clouds and fog spanning inland. we will let you know where the fog is the thickest. what's in store for this upcoming weekend? i can tell you right now. looking pretty good. your full forecast in just a few

moments. >> as we see, the san mateo bridge westbound with the tail lights really picking up the volume. this is the standard flow across the bay. low clouds and fog christina is talking about could be an issue for drivers. we will give you an update coming up. >> let's update you on today's top stories. an investigation underway after sheriff deputies shot and killed a suspect with a replica gun. here is the interesting twister. the democrat says a 13-year-old boy was the one ordered to drop the rifle. deputies say when he didn't, they opened fire killing that suspect. a san francisco 8 worker accused of running over and killing a woman in holly park is expected in court later today. the district attorney filing felony hit and run and vehicular manslaughter charges against 58-year-old tom bernoski.

investigation into the deadly b.a.r.t. crash shutting down the section of track where the two workers were hit and killed. from noon until 3:30. no train service between lafayette walnut creek and pleasant hill stations. instead, that will go forward. they pit them against union claims that says the city is not qualified to wipe their books clean under chapter 9 bankruptcy. they claim the city manager did not finish good faith talks with creditors and accuse him of planning to file bankruptcy before negotiations had run their course. detroit is at least $18 billion in debt. the case is the largest public bankruptcy in u.s. history. scott mcgrew, good news for silicon valley, off the hook when it comes to moneyed by detroit. >> when detroit first filed, i

called around to some of the big hardware makers, like h.p., oracle and the like, they say they are not creditors, which is fortunate. it looks like the creditors are going to get very little out of detroit. looking at wall street this morning, futures calling for a slightly lower open the day after more records were set. the s&p hit a new high tuesday on news of slowed job growth. wall street cares more about fed's easy money than it does about the state of the economy. job news makes investors think the fed will continue that easy money. shares with apple largely unchanged. the important announcement came early when apple said they had written checks for a total of $13 billion to app developers. the app economy didn't even exist until 2008.

finally, amazon is upping the minimum purchase price you will have to pay for free shipping, $25 to $35. amazon is trying to push people toward this prime system. you pay an up-front fee and you get the shipping. >> i don't have it but every time i buy something, i promise to sign on. >> i have gotten to the point where it is easier to buy something on amazon and have it delivered to my desk than it is to remember to stop by at the drugstore and get more hairspray or something like that. >> scott, your hair looks fantastic. don't worry about it. >> what a surprise. a strapping young man. 6:17. tonight is the big daddy of baseball. game one of the world series gets underway at boston, fenway park. during the regular season, red sox and st. louis cardinals tied for the best record in all of

baseball. each team led the league in runs. there is something that sets the two teams apart. it is the invasion of the beards in boston. take a look at the celebration here. we want to slow this down for you so you can get the full feel of how much facial hair and how course and deep. these beards started as a bonding ritual. they also bonded during the boston marathon bombings. for the record, if you are going to check it out, the first pitch and the beards go out at five. >> you know how some guys can't grow a thick beard. you need a little fertilizing. >> they are so young anyway. >> baby faces. talk about the fog out there. >> i love the month of november, which is right around the corner when all those guys get those great stats. it is going to be really nice. if you have a beard, it helps to keep you warm. 55 in sunnyvale.

53, san jose and 44 degrees down in gilroy. i want to thank you for waking up with us each and every day. it has been a rough commute with the b.a.r.t. strikes. this morning, everything is back on track as far as that goes. the fog could interrupt a smooth drive. visibility is dropping off across the board. we are at a mile and a quarter. up in oakland, napa at a quarter of a mile in santa rosa. half a mile of visibility. san jose, we are looking pretty good. we are going to warm up nicely later on into the upper 70s. chilly start. low visibility. as you drive up the peninsula, where we have flight delays, that's where you are going to

encounter the thickest fog. you want to take it easy for your peninsula drive, really thick patches of fog up in the north bay as well. once you get into the city, not that bad. mostly low clouds at that point. 49 at 7:00 a.m. when you get home from work, a comfortable day, 65, mix of sun and clouds at 4:00 p.m. at that point, closer to the all-important weekend looking really good around here. 81, fairfield, 85, livermore. 77 in los gatos. seven-day outlook tells the story. we are going to drop tomorrow like a rock. inland, $85. here is the deal for the weekend. temperatures slowly creep back up, which means if you want to hit the beach, you can. a storm system approaching our area, not until sunday shall monday, tuesday, late sunday will we see any changes. expecting more fog and drizzle. almost one week, a little over one week away from halloween. are you ready for it?

>> i think the bay area is ready. i wanted to show folks, this is our typical view from the san mateo bridge. with he see lights coming off of the high-rise and all the way down. we can't make them out. a very short difference between this middle portion and the top of height-rise as far as distance from our camera. that's how tough it is to see at times. be very careful. a smooth drive approaching that peninsula with no delays specially for 280. we'll get another live look outside and see how things shape up. this is oakland, northbound 880 as you travel up past the coliseum and over towards high street. we can't make out the view there as well. for drivers, you are probably okay through most of the spot. watch it as you arrive through the spot. the low clouds become fog. overall, the bay area looking really nice. the south bay, no major problems. we talked about the speed along the peninsula. we do have this fog coming in from the north bay as well. the earlier crash has cleared.

dense fog throughout areas north. as the eastshore freeway is starting to build or slow. there is the fog painted orange. a smooth drive south down past the san mateo bridge. an earlier crash has cleared. we have some residual slowing through the area. the morning commute pattern anyway. we will look at fremont as we deal with this. we talked about the easier drive. there are low clouds here as you are passing toward that overcrossing southbound 880. that's what we are dealing with. back to you. it is 6:22. coming up, new details into the deadly shooting at the school in nevada. we'll tell you about why the shooter's parents may be facing charges for their son's rampage.

charges could be filed against the parents of a 12-year-old boy that shot and killed a math teacher. the seventh grader got a semiautomatic handgun from his home and used it in a schoolyard rampage at sparks middle school. the boy shot and killed himself. police are still trying to figure out how he got access to the gun. the parents are cooperating with the investigation.

6:25. the man that confessed in a youtube video to killing a man while driving drunk will be sentenced in 45 minutes. on june 22nd, 2013, i hit and killed vincent kanzoni. this video will act as my confession. >> this highly produced video of matte through cordell went viral. he faces up to 8 1/2 years in prison. he pleaded guilty last month to an aggravated vehicular homicide and driving under the influence. in that video, he admitted he was drunk when he caused a crash that killed a 61-year-old man in ohio. >> federal prosecutors say one of the boston bombings suspect is also linked to a triple killing. in a court filing, prosecutors say tsarnaev participated and the the three victims were founñ with necks cut and bodies

covered in marijuana. the information came from a mixed martial arts fighter who was shot and killed. tam tamlon tsarnaev was killed and his younger brother survived. we'll let you know what's happening when it comes to the b.a.r.t. deal. we big in to see how much more they will be making. plus, a big-time payoutháfo a very good deed. why a fremont couple's kind gesture bagged them $750. we'll show you what piece of gardening gear they are planning on spending some of that winning.

welcome back. the new york stock exchange honoring widows and new york firefighters. we are already trying to feel the spirit here. bells ringing. dasher, donner, con or -- >> i think there is about 60. >> 60 clubs. you can put it on your calendar. wednesday, october 23rd, 6:30. this is "today in the bay." thanks for joining us. i'm jon kelley. i'm marla tallez in for laura garcia cannon. we are learning more about who gets what in the deal that ended the b.a.r.t. strike. in months of a bitter back and forth between the transit agency and its employee unions, business and tech reporter, scott mcgrew joins us in our newsroom with more details. it turns out b.a.r.t.'s best and final offer made a few days ago got better after the workers went back out on strike. the final figures according to newspaper reports include a

nearly 15.5% raise over four years. the mercury news says some of the money the workers will have to pay back towards benefits, not much. about 4%. the first time b.a.r.t. workers have had to pay into their own pensions. the workers health care costs will rise about $30má' to $129 month. now, one big concession from the union was on sick leave. b.a.r.t. workers had in some cases gotten overtime without working a full week's work. say you are sick on monday and you work tuesday through friday. if you came in on saturday, you got overtime even though you hadn't worked 40 hours that week. this deal has to be ratified by both sides. we certainly expect it will, a little bit there for everybody. >> b.a.r.t. and the union both say the death of two workers on the tracks was a tragedy that pushed both sides to work together on the deal. we will have much more on that

part of the story including new details about the federal investigation and how it could impact your afternoon b.a.r.t. ride today. that's coming up about 6:50 in a live report from our christie smith. right now, we want to give you a story just into our newsroom. san jose police asking fort public's help trying to find this man. 82-year-old drove away from his home at about 5:00 last night. he was wearing a multi-colored shirt, white pants and black shoes. he suffers from high blood pressure and does not have any medication with him. if you happen to have any information on his whereabouts, if you have seen him or think someone else that you know has seen him. as we give you a live look out the south bay, you can see it is still dark. we are waiting for the sun to rise and a lot of cloud cover. lots of fog out there for the

second day in a row. >> mother nature has the fog machine cranking up cutting through all this. >> i guess that makes it a party, doesn't it? thanks for waking up with us. we have a half mile visibility in santa rosa. give yourself extra time. it is really thick in napa. a quarter of a mile. a half a mile available in oak lan. very thick pockets of fog across the;çf bay area. down to a mile and a quarter. there is a dense fog advisory available. we are expecting that fog to stay put until about 10:00 to noon. then, we'll start to see good clearing and a really comfortable afternoon. 85, livermore, 82, concord, 73, fremont. 65, san francisco. 77 today in los gatos. 69, santa cruz. right now, let's check on that drive.

how we doing out there, mike? >> i'm feeling a lot better. the south bay looking pretty similar, because that doesn't really reach down quite so far. we are looking at also other effects. this is northbound 280 with a stream of lights. low clouds christina talked about, a mile and a quarter. here we see your typical pattern. northbound route starts to build. we have highway 87 on the left and north 101 on theñác right. showing the most severe slowdowns. orange zone means you are coming down to the lower 50 as you travel to the capital expressway. 880, southbound right around tennyson, reports of an earlier crash still have that slow lane partially blocked. stay to your left as you pass by the san mateo bridge in and toward union city in fremont. you have your typical build around 238 heading toward the san mateo bridge. for trit-valley, heading

westbound, 580 slows in toward í dublin interchange. live look outside shows you what christina is talking about. very dense fog in poblths throughout the east bay. the northbound tail lights southbound with the tail lights. that road building up in all lanes, the cash lanes. the metering lights have been on since 6:00. the b.a.r.t. trains are inner is advice. folks have an alternate to the bay bridge. they can ride to the bay. 6:35. it appears common courtesy really does pay off. one of those feel-good stories. you let a person go in front of you in line. for a retired couple in fremont, that bags them a quarter,

three-quarters of a million dollars. bob and arlene johnson weren't in any rush when they stopped into the quick stop on walnut avenue. they decided to let the guy behind them check out first. that person bought a lottery scratcher ticket. they decided to buy one as well. they ended up winning the top prize of $750,000. the couple says we are going to go big, invest the money after buying a new truck and the rototiller. that's how you go big when you win the scratch off. sweet little lady says she wants a fancy rototiller. >> i wonder if the guy that they let pass has any idea. an overnight update on the royal baby. we just found out who prince george's god parents are. we'll tell you which olympic medalist is on the list.

and if prince harry or tip pipp middleton make the cut.

welcome back, san jose mayor, chuck reed, is heading out east to new york city and washington, d.c. to meet with federal officials. he is expected to address pension-related issues and other topics important to san jose. speaking of washington, d.c., the dome on the capitol

getting a little facelift. a construction version of botox injections. the two-year restoration will start in november and will be covered by scaffolding. be aware of that. architects say that the dome has more than 1,000 cracks andh structural problems that at this point just need to be fixed. >> it is a very special day for one particular baby. this morning, prince george will be christened at a private ceremony at the chapel royal at st. james palace. we have a live look at the crowds building outside st. james palace. you can see the guards standing there proteblcting the ceremony inside. the christening is expected to start at 7:00 this morning. a small gathering with prince william, dutchess katherine, their immediate families and close friends. in all, about 50 people are expected to be there to witness the christening. surprising some, prince harry

and pippa middleton have not been named god parents. instead, seven other people have been named as god parents including old family friends, college friends, a former royal secretary and the prince's cousin, zara phillips, who won a silver olympic medal in an equestrian event. hard to imagine the life he is born a rock star from day one. much more here on "today in the bay." u armed with guns. but, the question is, was it really a 13-year-old that was holding the represent mr. i replica weapon. taking a live look at a foggy sky. this is 880. we are going to let you know where the fog is the thickest, when it is expected to clear and

who is going to get close to 90 degrees even with all the thick, low cloud cover to start. that's coming up. as fog and low clouds surround the area, here is the bay bridge toll plaza. >> it will not clear at least not for the morning commute. we'll talk about the build and what i see coming, coming up.

12k3w4r we have new details on a deadly story involving two sonoma county sheriff dep it is. the suspect they shot may have been a 13-year-old boy simply carrying a replica gun. bob redell is live with the latest. >> reporter: good morning. a sonoma county sheriff's office

put out this news release identifying the person shot as a, quote, male subject, with no other description. they have identified that person they shot and killed as a 13-year-old boy named andy lopez. they shot and killed lopez yesterday afternoon. this law enforcement photo shows what the boy was carrying, a replica of an assault rifle that deputies thought was real. two sonoma county deputies came across the boy while on patrol. when they saw the gun, they called for backup and telling us they repeatedly asked the boy for backup. when he didn't reply. they shot and handcuffed him. the paramedics also tried to save the boy before declaring him dead on the scene. deputies realized this gun was a replica. they found a plastic handgun in the boy's waste band. lopez's father tells them that the gun was a toy that belonged to his son's friend.

he told his son every day to, quote, behave himself. the da and petaluma police departments are investigating the shooting. here in the newsroom, bob redell, "today in the bay." time to take you outside and give a live look at the san mateo bridge if you can see it. look at all that fog out there. christina loren, day two of all this. >> bay area is known for its fog but more than usual out there. >> more widespread. >> it is widespread even down here in the south bay. that's what we are working with this morning. by this afternoon, you are peeling off the joacket. putting on the shades. a nice second half of the day to look forward to. this is an indication of that. this is a live picture from san bruno. it shows you the blue sky above that thick deck of low clouds. as we head throughout the day, temperatures are going to climb nicely once we get rid of the low clouds.

how fog works, it actually burns off from the top down thachlts courtesy of the sun, which will be up in full force at about 7:15, above those clouds. it is going to take some time for those clouds to clear. this is san jose just to give you an indication of how widespread that fog is this morning. certainly, going to impact commuters up in the north bay where we have a dense fog advisory in place until 11:00 a.m. today. temperatures are chilly. it is 45 degrees in santa rosa. 45 in novato. waking up with 53 degrees with a mile and a quarter visibility here. the thickest pockets right now, you are going to find those daly city area, also, up in the north bay. that will be td case for today. take you through your futurecast. we stopped the clock for you at 9:00 a.m. you can see in the south bay, mostly cloudy. between about 9:00 and 10:00, a good amount of clearing takes place. between 10:00 and noon, mostly clear skies over the greater bay area. a strong high pressure brings

our temperatures up, way above average for today. 85, livermore, 82, concord. 65 degrees in san francisco with a lot of sunshine on the bayside. your not going to see as much on the ocean beach side of the city for today. 76 in san jose and 69 degrees down in santa cruz. still getting spoiled with nice beach weather. it is getting even better. tomorrow, temperatures are going to drop off a little bit. the good news is, we'll climb right back up to the 80s for your weekend and we'll kick off next week with the 70s. overall, our pattern will be shifti shifting next week, expecting a cooldown, cloudy start and sunny afternoon. we'll check that drive with a cool man. >> i'll take that. we are looking over in the bay area where traffic flows. the b.a.r.t. strike is where trains are running. folks are getting back to their typical patterns. the south bay really changing the colors as far as the censors go. orange and yellow, highway 85

northbound. still slow approaching 87 in towards saratoga. 87 builds as well as 101. pretty typical. into mountainview andwo# sunnyv, north 101, a new crash. sounds like there is maybe a car sticking out into the lanes as the chp arrives. we will expect to see more slowing. it may be very close to that interchange. we'll let you know if it is anything urgent right there. a pretty typical slowdown for west 580. 84 and 680. just before 7:00, we see speeds coming down. a smoother drive. we still have slowing building from 238 down towards the san mateo bridge. 880 past tennyson, an earlier crash has cleared from the roadway. that volume of traffic kicking in for more slowing. northbound 880 starts the slowing as well for that build heading into this orange area. this throughout oakland and the east bay. we have reports of a very dense fog at times. this is because of our traffic

and weather systems are tied together. the eastshore freeway and the north bay, watch for dense fog throughout as you are headed in through petaluma and in toward the san rafael bridge. the bay bridge, backed up. cash lanes a little lighter. typical pattern off of that berkeley curve with the ott severe backup. no major issues across the sfan. low clouds here. fog along the coast. we are going to get hit pretty hard for the city. pretty typical, guys. back to you. 650 now. a san francisco rec and park worker accused of running over and killing a woman? holly park is expected in court later today. "today in the bay's" chase cain is live in san francisco with the charges the worker is now facing. chase, good morning. >> good morning, marla.

a sad scene six weeks after this young mother lost her life. she was lying on the grass. she was lying there with her 11-month-old and her dog. that is when prosecutors say a parks worker drove over her with his truck killing her. that parks worker turned himself in yesterday. 58-year-old tom bernoski has worked for san francisco parks for some type. yesterday, the district attorney charged him with felony charges of hit and run. he drove his green parks and rec truck off of the pass and over this young mother who was there in the grass, her child and her dog were not hit in that and then apparently bernoski drove that truck away. he did not stop to help her. that young mother is 35-year-old kristy vandemeyer. her family and friends havingi very difficult time with what has happened here. in the meantime.

the guy messed up. poor little baby doesn't have a mom anymore. the husband doesn't have a wife. it is a forever crime. it is a mistake. he didn't follow the rules. >> reporter: this memorial shows pictures of kristy, her husband, their 11-month-old. friends write a memorial she was filled with brilliance, passion and kindness. also, we are hearing that one of the things that factored into these charges from the district attorney was that this parks worker was supposed to have a spotter any time he drove his vehicle off of the pag. he apparently did not have a spotter. he is in custody this morning, being held on $350,000 bail. he will appear in court this afternoon at 1:30 to teens these felony charges. we are live in san francisco. it is 6:52 right now. a little heads up here. later on today, b.a.r.t. shutting down a stretch of track in the east bay, not because of a strike.

federal investigators will be on scene looking into the recent death of two of the workers. "today in the bay's" christie smith live in walnut creek. she has more details and how it will be affecting riders. kristy, good morning. ntsb investigators are going to be out here on the tracks reenacting the accident about the same time it happened on saturday. what that means for b.a.r.t. riders, they are going to have to use a bus bridge to get around this section of track. standing here, these flowers, it is kind of erie how you don't hear much. suddenly, a b.a.r.t. train flies by. on saturday, a train was going about 60-70 miles an hour when it hit christopher sheppard and lawrence daniel while they were working. the responsibility of safety was on the workers themselves. they had radioed the dispatcher to say they were out here working on the tracks. the ntsb says that the worker, one of them, was to inspect the tracks. the other was to act as a lookout, to watch out.

he should have not been where he could have been hit. the horn did sound, lights and brakes all the functioning on it's train. today, the ntsb is trying to fill in the blanks on such a tragedy. typically, what the ntsb will do is try to do the reenactment and distance testing at the same time the accident occurred. >> because of the ntsb investigation, b.a.r.t. will operate that bus bridge between the lafayette and pleasant hill this afternoon. so lafayette, pleasant hill and walnut creek will need to use that bus. none of the workers involved will be involved in the reena reenactment. that includes the b.a.r.t. manager who was in the driver's seat at the time. reporting live, christie smith, "today in the bay." the investigation will be impacting that particular stretch of track this afternoon.

we have a look at how b.a.r.t. trains are running right now. so far, things looking fairly smooth. no delays on any of the 58 b.a.r.t. trains that are up and running. for the record, caltrain and a.c. transit running on time as well. speaking of a.c. transit, a judge will consider judge brown's request for a 60-day cooling off period for a.c. transit and its unions. they will weigh whether or not a strike would disrupt public transportation and endanger the public's welfare. if the decision is yes, the strike would be put on hold. the governor says another strike in the bay area is the last thing we need. a.c. transit board of treasury secretary directors considering a new fare policy. it includes a local day pass, eliminates paper transfers and also gives discounts on clipper

card fares. all cash fares would stay the same. no fare increase. the agency's general manager says this man is aimed at attracting more riders. 6:56. we want to take you live to london and look who that is. that is baby george. >> he is cute. you have to admit it. >> he is adorable. >> perfect little round head. >> you see prince william and dutchess katherine. they have just arrived at st. james palace where baby george is going to be christened. scheduled to start at 7:00. they have about 50 people gathering with close family and friends and the god parents that have been named, about seven of them. pippa middleton and prince harry are not listed as either of the god parents there. >> a quick shoutout. a big shoutout and thank you to the roims for slipping this in right perfectly timed for us to get it on our show. >> there is harry. >> there is the queen.

thank you so very much. 6:56. making this ham before we hit 7:00. >> i hadn't seen the baby so up close. >> that was a great shot. he has that little gerber baby perfect face. >> the new ipads are not free but the data might be. >> one cell phone company might be offering free data plans. >> tee mobile holding a press conference where we understand it will flush out that idea, marla. supplying free data to the people that buy one of the new ipads yesterday in san francisco. not a lot of free day that but enough to get you to become a tee mobile customer and hopefully, you use up more data and start becoming a paying customer. that press conference starts at 249 morning. taking a look at markets, a slight easing. dow industrial are down 74. the nasdaq down 30. apple is up a bit. netflix continues to climb up about $9 after we heard yesterday that carl icahn was selling most of his interest.

he made a big profit as netflix is up about 400% this year. 6:58. let's get a final check. good morning to you, jon and marla. good morning to you at home. want to show you, livermore has just fallen to a quarter of a mile of visible. that's all you have available. the same for oakland and napa. meanwhile, you have about a half a mile in santa rosa. about a mile and a quarter here in san jose, ie, travel very wo# cassiusl cautiously. a nice rebound headed our way. if you mention the seven-day forecast, i will have it for you in 15 minutes. let's check your drive. very tough so see. the oakland coliseum. from time to time, we just got a clearer path. this is traveling northwest. mr. kanye west's perform mant

tonight. southbound, a disabled vehicle. 3:59. one final check of the day's top stories. ye see in t yeze in the house. sheriff deputies and kill a suspect holding a replica gun. the santa rosa dem press democrat says it was a 13-year-old boy that was dropping that rifle. they opened and killed the suspect. they are reopening their investigation into the first worker fatality at levi stadium in santa clara. a counterweight killed donald white in june. cal osha will only say questions have been raised. so they are looking at evidence. this morning, a judge deciding if detroit's bankruptcy will go forward? detroit, at least $18 billion in debt. the case is the largest public bankruptcy in the history of

america. >> that's what's happening "today in the bay." we'll be back at 7:26 with a live, local news update. >> we'll see you tomorrow. have a great day! >> thanks for waking up with us. good morning. taking the plunge. temperatures plummeting 20 to 30 degrees in a matter of hours in some places as the country faces it's first real cold snap of the season. under pressure. for the first time, president obama's health secretary addresses the website debacle and the growing calls for her resignation. and george's big day. the royal family stepping out in london this morning for the christening of a young prince. the godparents just announced. we'll tell you which olympic medallist made the list. today, wednesday october 23rd, 2013.