will soon be in the hands of federal authorities. we're live at the sentencing of se ines garcia zar now at noon, the man who shot and killed kate steinle will soon be in the hands of federal authorities. we're live at the sentencing of jose ines garcia zarate. good afternoon, i'm michelle griego. >> and i'm kenny choi. kpix 5 reporter anne makovec is

live at san francisco superior court with the very latest. anne. >> reporter: yeah. the sentencing was just handed down about 20 minutes ago. three years in state prison for the man who killed kate steinle who fired the gun. he is not going to be in jail here any longer because he already served that time. so he is now going to be handed over to the federal government to face charges. let me take you back. in late november, jose ines garcia zarate found not guilty of murder and manslaughter in the 2015 killing of kate steinle in san francisco's pier 14. but he was convicted of being a felon in possession of a firearm. so that's what the sentencing today was for, the maximum sentence, three years in prison. but he has already served almost three years because he has been jail since he killed kate steinle. so instead of being released, the sheriff's department says he is going to be turned over

to the u.s. marshals service. that's because a federal grand jury indicted garcia zarate on charges of being a felon in possession of a firearm and ammunition and being an illegal immigrant in possession of a firearm and ammunition. he is facing up to 10 years in prison before deportation if convicted on those federal counts. so today there was some talk about the defense trying to get the whole case thrown out. they say the jury may have been misinformed. the judge said no, that's not the case. the conviction stands. he handed out the sentence and then there was some question over whether or not garcia zarate should be paying restitution up to $2,000. the defense argued he has no way to pay. the judge said, fine, forget it. so now he is not on the hook for restitution, just these federal charges that he is facing. live in san francisco, anne makevoc, kpix 5. >> who else was in the courtroom today? >> reporter: none of the steinle family was in court

today. and they indicated after the trial was over after the conviction that they weren't going to be doing any more public interviews. they didn't want to be in the public eye for this situation anymore. we did see a lot of lawyers in court including the new defense attorney who is going to represent zarate in his federal trial. you may know him, tony serra. he has been famous in a lot of high-profile local trials including the ongoing one the defendants in the ghost ship warehouse fire in oakland. >> anne makovec with the very latest in san francisco. anne, thank you. san jose police are getting ready to release new details on a suspect accused of sexually assaulting a teacher in a classroom. police believe the man you see here showed up to harker middle school tuesday before students had arrived. he was roaming around for a couple of hours before he attacked the teacher inside her classroom. we should learn his identity and the charges he is facing in just a little while.

keep it on kpix 5 news for updates. a judge just sentenced three santa clara county jail deputies for beating a mentally ill inmate to death. the jury found them guilty of second-degree murder last year for the fatal beating of inmate michael tyree back in 2015. the three deputies were sentenced to 15 years to life in prison. attorneys for the convicted guards were asking the judge to rehear the case but the judge denied that motion. it's been another wet and soggy morning in the bay area. rain has been hitting the region once again. and we need it! you see the people in san francisco here using their umbrellas as they made their way to the office. and take a look at the drive over the bay bridge just a little while ago. windshield wipers were a must because of all the rain. definitely slow going in the slick conditions. and neda is in the weather center with the hi-def doppler. we are seeing a lot of spots on our hi-def doppler that's going to get with a lot of those raindrops, some areas drizzle, light mist, also a bit of fog forming out there. so let's zoom in and show you some of the areas.

they are getting some decent rain. let's go to the south. the higher elevations like ben lomond over an inch of rain already. we are going to continue to see more moisture out there for the next few hours at least. hayward right now, this area of yellow, about a quarter inch of rain coming down per hour right on 580. so those freeways are definitely slick. 880, as well. san leandro, if you are heading out that direction, please take your time. orinda and eastport getting rain and it's moving east. towards sacramento, they are going to be seeing it. to the north also. so everyone is getting some of these scattered showers, drizzle, mist, whatever you want to call it. it's happening and we're going to see it drying up soon. i'll track that out to let you know about your weekend coming up. new at noon, a new twist in the scandal over possible obstruction of justice inside the white house. the "new york times" claims that president trump ordered his top lawyer to stop attorney general jeff sessions from recusing himself in the russia investigation. here's cbs reporter weijia jang. >> reporter: according to the

"new york times," president trump urged attorney general jeff sessions to stay in charge of the justice department's investigation into whether the trump campaign colluded with the russians during the 2016 election. mr. trump reportedly sent the top white house lawyer to stop sessions from recusing himself from the case. when that effort failed, the times says the president erupted in anger saying he needed his attorney general to protect him. a newly released book, "fire and fury," has brought the obstruction question back into the spotlight. >> one of the revelations is how the white house responded to a meeting between the trump campaign and russian officials. >> reporter: according to author michael wolff, the president's inner circle met on air force one and decided to say the meeting was primarily about russian adoptions by americans. wolff writes the trump campaign lawyer resigned because he thought that conversation constituted obstruction of justice. special counsel robert mueller will decide whether to bring a

case against our president. >> the saying is, you don't take on the king unless you know you're right and you can win. and so when i say, um, special counsel mueller will approach this carefully, he will. >> reporter: as further report about the president's efforts to stop the attorney general from recusing himself from the case, a spokesman for the justice department declined to comment. weijia jang, cbs news the white house. >> the book she mentioned about the trump white house is on sale and went on sale despite threats of a lawsuit. the book's author defended the work after the white house questioned his credibility. mola lenghi is live with what the author said this morning. >> reporter: when president trump was a private citizen, he had a penchant for threatening or filing lawsuits against people who were critical of him who he felt had defamed him in some way and now it seems mr.

trump is carrying that practice into his presidency. the author of an explosive new book about the trump white house is defending his work from attacks by the president. >> i have recordings. i have notes. um, i am certainly and absolutely in every way comfortable with everything i have reported in this book. >> reporter: president trump tweeted that he did not authorize access to the white house, that he never spoke to the book's author, and that it's full of lies and misrepresentations. but michael wolff tells "the today show" the president is wrong. >> i absolutely spoke to the president. whether he realized it was an interview or not, um, i -- i don't know. but it certainly was not off the record. >> reporter: president trump tried to stop the release of the book and had his lawyers send cease and desist letters to wolf and the book's publisher threatening legal action. >> regardless of whether or not there's a lawsuit, they should be concerned about peddling fake stories. they should be concerned about putting out information that's untrue. >> reporter: in response the publisher moved the release

date from next week to today citing unprecedented demand. >> not only is he helping me sell books, but he is helping me prove the point of the book. this is extraordinary that the president of the united states would try to stop the publication of a book. >> reporter: "fire and fury" is number one on amazon's best- seller list. we should note that some of wolff's past writing has been scrutinized and has been challenged for accuracy and its attention to detail but there are reports that wolff has audio recordings of some of the more than 200 people he claims he interviewed for this book. if that in fact proves to be the case, obviously that would go a long way in corroborating and backing up at least "some" of what wolff claims in the book. mola lenghi, kpix 5, the white house. it could take a long time to iron out problems with recreational marijuana's new legal status in california. yesterday u.s. attorney general

jeff sessions issued a marijuana enforcement memo rescinding the obama administration policy that allowed states to legalize the medical marijuana without intervention. it allows the government to be more tough on marijuana cases. bay area hospitals have restrictions in case because of a bad flu season. kpix 5's jackie ward on why this year's flu shot is not enough to protect you. >> reporter: flu season is far from over and already, four people in santa clara county are dead from flu-related illness. local medical experts say that this rampage of sorts that the flu virus is going on has led to a statewide outbreak which is making some hospitals restrict or suspend visiting hours. at laguna honda in san francisco, two nursing units are quarantined. city health officials say it's to protect elderly patients. in monterey county where one person died from the flu, visitors to salinas valley memorial can only see patients for 15 minutes. >> what we're seeing in

california right now is a very early large spike in cases, four times greater than what we saw last year at this time. a sneeze or a cough from somebody who is infected can spread a half million influenza germs so this is a big deal. >> reporter: statewide, at least 17 people under the age of 65 have died because of the flu. and if you have gotten the flu shot, you won't be as protected as you would hope. the medical experts say that this season's flu shot is only 10% effective. in san jose, jackie ward, kpix 5. still to come, mark zuckerberg's new year's resolution. what he says he is going to do to fix facebook. and why it may not be so easy. >> also ahead, the cold new twist affecting millions of people on the east coast and the bay area flights impacted today by the record freeze.

east coast. from maryland to maine.... record- breaking freezing temperatures are forecast into the weekend. the coldest is yet to come for the east coast. from maryland to maine, record- breaking freezing temperatures are forecast into the weekend. the region was already slammed this week with heavy snow, hurricane-force winds, and coastal flooding. the new arctic blast could make temperatures feel as low as minus 35 degrees in some parts of the northeast. freeze warnings extend down to south florida. more than 4,000 flights canceled yesterday and thousands more will be canceled today. the storm is even affecting airports in the bay area. today sfo is reporting 109

delays and 23 cancellations. yesterday, there were almost 150 grounded flights. okay. i have to make a correction. i just said southern california. southern florida. >> yes. [ laughter ] >> sorry. >> no freeze warnings in l.a. they are like70 degrees. >> so florida, not california, it's cold. we are looking at rain out there. look at this. our live camera from richmond bridge definitely showing moisture but also want to show you san jose. it's drier there. just some cloudy conditions. so let's take you to hi-def doppler and show you what's going on. across the south the only areas getting the rain would be in the higher elevations, near the santa cruz mountains, just a light drizzle right now going on. palo alto, you may start to see a little bit more rain but right now, there's just a lot of mist in many areas so it's not the best for the air. also heavier rain coming down just east of san leandro. just past over 580 castro valley also getting some rain and same with hayward. it's calmed down a little bit but you're going to continue to see scattered showers. martinez it's raining there

now. concord also raining there. if you are driving out this afternoon, the rain should ease up a little bit. the north bay may linger throughout the next few hours. by tonight, all of this is pretty much going to dry up in time for your weekend but look at the satellite-radar imagery. you can see the moisture is definitely out there. the cloud cover is out there. it looks very gloomy and also want to show you this is the bay bridge camera that we usually see. can't quite see it. it's definitely foggy out there, as well. look at our 24-hour totals so far. this is impressive. ben lomond over an inch already but san jose zero so you can see the south bay a lot drier. kentfield 63 -- excuse me, more than half inch, i'm sorry. kentfield. santa rosa half inch of rain. visibility starting to see it drop at oakland airport down to 1.7 miles. concord 2.5. and to the north it's a little bit better at 6-mile visibility for napa and santa rosa. cliff house camera doesn't look

good. san francisco61. high temperatures a few degrees warmer than what we're experiencing. san jose 67 degrees the high. east bay temperatures in the mid-60s to the north where the rain is coming down cooler in the mid-50s. so bigger picture we're going to have a dry weekend but monday, tuesday this is the big storm that's coming. one to two inches of rain for the bay area. two to three for the mountains for your monday and tuesday. so here's that seven-day forecast. so you can see how mother nature is cooperating with your weekend plans. continue on with whatever you need to do outdoors. temperatures will be slightly cooler than today. next week, though, will be a wet one. all right. thank you. taking a look at the financial markets on wall street, a strong week for the dow. >> wow. >> today the dow is up 149 points break the 25,000 mark for e rst time. >> that looks good! up next, how mark zuckerberg says he is going to fix facebook. why achieving his new year's resolution might be very complicated.

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whether it's protecting our community from abuse and hate, defending against interference by nation states or making sure that time spent on facebook is time well spent. >> i don't want anyone to use our tools to undermine democracy. >> reporter: zuckerberg spent much of 2017 on the defensive. he initially dismissed the idea of fake news on facebook helped elect president trump as, quote, crazy. but then he was forced to backtrack. >> our teams have found and shut down thousands of fake accounts that could be attempting to influence elections in many other countries. >> reporter: a "new york times" columnist. >> i think he has come to notice the ways that, um, you know, his technology is changing the world in huge shattering ways. he is committing himself in a very personal way and suggesting he is personally responsible. >> reporter: on thursday, zuckerberg's post also acknowledged the perception facebook is now too big and too powerful. members of congress agree.

>> you've created these platforms and now they are being misused. and you have to be the ones to do something about it. or we will. >> i think this could also be an effort to head that off to try to say, we're kind of policing ourselves, you can hold off on policing us. >> reporter: zuckerberg offered few specifics on how he plans to accomplish his personal challenge for 2018. one thing he said he would do was convene groups of experts to help him work through the issues. he will also look at how encryption and cryptocurrencies like bitcoin might be used to improve facebook services. vladimir duthier, cbs news, new york. >> coming up lotto fever and the chance to win $1 billion over the next couple of days.

there are now two massive lottery jackpots out there for you to win. between powerball and mega millions... the winnings are now around a billion dollars. finally there are two massive lottery jackpots out there. between powerball and mega millions, the winnings are now around $1 billion. laura podesta and why the odds are stacked against you. >> reporter: stores are filling up with people hoping to strike it rich and pay off a dream. >> i'd build me a serious concrete steel vault and put it in there and cash. >> i'm going to get my a cadillac cts. [ laughter ] >> what color? >> red. >> reporter: the powerball and mega millions jackpots are both

more than $400 million for the first time ever. some are taking quick picks. carlos has a strategy for pick the numbers. >> my wife's birthday, my son's birthday, the dog's birthday. >> reporter: and there are plenty who believe luck is on their side. >> i'll buy one or two tickets because i can feel the luck. >> reporter: but it's going to take a lot of luck. the odds of matching all the numbers is 1 in 292 million. it's even harder to hit the mega millions jackpot, 1 in more than 302 million and the chances of hitting both of them, 1 in 88 quadrillion. to put those odds into perspective, the chance of an amateur golfer hitting a hole in one is much better. losing your life in a fireworks accident, 1 in 340,000. the odds of being hit by lightning this year is just 1 in a million. and getting killed by a shark, 1 in more than 3.7 million. but that isn't stopping millions of players.

>> you never know. >> reporter: they are encouraged by past winners like mavis who hit the $758 million powerball in august. many are hoping they can also beat the odds. laura podesta, cbs news, new york. >> the average american spends $200 a year on lottery tickets. >> our chances of winning even slimmer because none of us has bought a ticket. >> we haven't. >> after seeing that story, i may go buy one. ♪[ music ]

♪ >> bill: no. >> liam: get off me. get off! >> bill: just promise me you'll hear me out. >> liam: i've heard it! okay? you're so terribly sorry! everybody makes mistakes! family means forgiveness! don't you deserve a 3rd, 4th, 5th, 40th freakin' chance? i've heard it! >> bill: yes. yes. [ crying ] i said it. i said all those things. i did. i thought i meant them when i said them, son.