>> pam: but first. kron 4's dan kerman has more on the bart policy changes. and on the officer who fired the fatal shot last week. >> reporter:bart police say detective michael maes, who fired the fatal shot that killed bart police sgt. tom smith has spent 26 years in law enforcement, 14 with bart. questions have been raised about a lack of training when bart officers conducted the probation search at the park sierra apartments in dublin? but to hear bart?s chief tell it, a lack of training did not apply to maes. >> reporter:bart police have admitted that its detective bureau conducted as few as 18 probation searches during all of 2013? but the chief says that doesn?t mean its officers didn?t know what they were doing. >> reporter:and while the cause of the shooting that took the life of sgt. smith is still under investigation, bart has changed one of its policies, now requiring the deputy chief of operations to signoff on all of these type of searches >> reporter:that wouldn?t have changed anything during the operation at the park sierra apartments because the deputy chief had already been informed? >> reporter:the chief also indicated he does not know if the uniformed officers body cameras were turned on during the operation, but said it would be troubling

if they were not he said though not in uniform, plain clothes officers were in bullet proof vests which cleary identified them as police. >> reporter:and he said even with extensive training and experience something can still go wrong as it did in this case. >> pam: kron 4 has been investigating the shooting death of bart sergeant tom smith, since he was gunned down in a friendly fire accident by a fellow officer last week. >> pam: happened inside the dublin apartment unit where sgt. smith lost his life. >>"if these officers had the proper training is it your opinion that sgt. smith would be alive today?/"absolutely". >> pam: tonight, a former bart police officer close to the investigation. reveals new, chilling details. >> pam: the former bart employee agreed to tell the story. if we masked his identity and voice. as we first reported exclusively on friday. here's kron 4's haaziq madyun. >> "a decision was made to

enter the apartment and to tactically clear it room by room." >> reporter:at least 4 bart police detectives entered park sierra apartment-1714 in dublin. the former bart police officer, using the apartment's floor plan, describes in detail what happened as they entered the unlocked unit for a probation search. >>"sgt smith broke off from the group to clear a room" >> reporter:the officers were at the apartment looking for either evidence or stolen property. the suspect in the case was known to be in jail on felony charges stemming from another crime at a bart station. >> sgt. smith entered through the doorway and preceded to go back into the dining room area. where as the other team members, you know on a tactical clearing, would have also entered. you know this would be considered a fatal frontal of fire. they would have positioned themselves just inside the doorway. from there it is a little unclear if sgt smith was solo clearing the apartment or if he had another partner directly behind him. it is my understanding that after he went through the bedroom,

he entered into this little area that is like a closet area that proceeds into a bathroom, almost like a jack and jill style as it has two doors" >>"it is my understanding as he had either entering the bathroom or just exiting the bathroom, one of the members who was positioned just passed the doorway made contact with him." >> reporter:that was officer michael maes firing his weapon. >> my understanding there is an ajoining bathroom jack and jill bathroom he was exiting the opposite side that is where he encountered the other officers that is my understanding one of the first things that the officers saw was a handgun as it protruded through the wall then the tragedy occurred." >>"once sgt. tom was shot, he was able to communicate that he had been shot. subsequently he fell down and immediately the officers rendered aid to him"

why is this former bart police officer telling me this? he believes sgt. tom smith should have survived this residential probation search. >>"i believe he would be alive today if he had more training" >> reporter:our source says there needs to be better training for transit officers if they are going to do residential searches in the future and avoid these kinds of tragedies. >> reporter:haaziq madyun kron4news >> pam: stay with kron-4 as we developments on the bart officer who was killed. >> pam: go to our website -- kron 4 dot com -- we've posted information about the funeral plans. you can also check our facebook and twitter pages. >> pam: and you can download the kron-4 mobile app. >> pam: developing tonight. >> pam: oakland police are on the hunt for a 14-year- old boy. accused of killing his sister. a family member tells us it >> pam: was over laundry.

kron 4's justine waldman is live in oakland. >> pam: justine -- police are calling this boy armed and dangerous. but are still *not releasing a picture for the public's safety? >> reporter:chief whent says mario toliver is likely staying with friends and they are appealing to them to get mario to turn himself in" >> reporter: that members told us that the brother and sister got into an argument over laundry. they live with their grandmother in chinatown. they do consider him fund in dangerous because they have not missed it they have not received the weapon. this time for this suspect to give himself up. >> is obviously what someone

we do not see him just hanging out on street corners. >> reporter: family is now confirming plans for justice's funeral. >> reporter: loss' someone that was similar to him that was seen on that ac transit bus. this homicide is a high priority and that is what a long list crime stopper is offering a $10,000 reward it with capture of this suspect. >> pam: the ridesharing company uber is being slapped with a wrongful death lawsuit by the family of a little girl killed in a crosswalk on new year's eve.

>> pam: the crash happened in the intersection of polk and streets.killing 6 year old sophia lui, and injuring her mother and 5 year old brother. >> pam: uber has said that the driver allegedly involvedsyed muzzafarwas not working for them at the time the fatal accident happened because he didn't have a passenger. >> pam: the family's lawyer says that shouldn't let the company off the hook. >>,."it's reprehensible" >> pam: uber isn't commenting on the lawsuit. >> pam: eariler this month they deactived the 57 year old driver involved who is also being named in the suit. >> pam: muzzafar was arrested on suspiscion of vehicilar manslaughter and

is now out on bail. >> pam: police are still investigating the caseand so far he has not been charged with a crime. >> pam: coming up at 5:15. >> pam: new detaisl in a shopping mall shooting. we'll tell you some of the things the teen gunman wrote in his journal. >> pam: leading up to the massacre. then at 5:30. >> pam: target, neiman marcus, and now michaels. kron4 talks to a credit expert. >> pam: about what you need to do, if you shopped at one of the recently hacked reatailers. and next. you *won't* see it during the big game. >> pam: but we have it. the commerical that has been axed from the super bowl. >> reporter: wang is on the way we will tell you which expect coming up! rain is way we will tell you which en iirstot shinglesain is staed on my bk.

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>> reporter:though actress scarlett johansson removes her bathrobe in sultry fashion in a youtube video released monday by sodastream, that's not the reason fox rejected the ad from appearing at this year's super bowl. >> reporter: >>video >> reporter:in fact, johansson's offense came in the form of four words spoken at the tail end of the israeli soda kit company's 30-second ad: "sorry, coke and pepsi."

>> >> reporter:as was the case last year, sodastream's first attempt at a super bowl commercial was rejected for taking aim at two of the game's biggest, most consistent advertisers. >> reporter:here's this year's "banned" ad, in which johansson talks up sodastream's healthier product and shows off a flattering, albeit entirely tame, blue dress. >> reporter:the banned super bowl ad has become something of an annual tradition at this like godaddy and peta submitting spots that a skeptical observer might suggest they knew would be rejected by the networks. this allows them to then post the ad on the internet media coverage of the "banning." nonetheless, sodastream ceo daniel birnbaum expressed his outrage in an interview with usa today, asking the publication: "which advertiser in america doesn't mention a competitor? this is the kind china. i'm disappointed as an american." a disgruntled birnbaum told usa today he would drop the line about coke and pepsi, and a coca-cola spokesperson told the publication that >> pam: still ahead. we have the first ever video >> pam: released of jahi mcmath in her brain-dead state. >>then.

the latest on a birthday party turned deadly in the south bay. the victim killed, apparently trying to do the right thing. apparently trying to do the right thing. at ikea, we don't just design furniture. apparently trying to do the right thing. we design good mornings. little experiments. big ideas. brighter ways. and better tomorrows you can take home today. imagine if everyday was just a little bit better for everyone.

>> pam: two men have been arrested in connection with a fatal stabbing early sunday in san jose. >> pam: as kron four's rob fladeboe reports now, police say the victim died trying to break up a fight at a birthday party. >> reporter: booked into the county jail early monday and charged were twin brothers anh and

duc tong, both are residents of san jose. police say the brothers >> reporter:fatally stabbed 22-year-old richard phan at a party at this house on suncrest avenue just before 1:30 sunday morning. >> reporter:neighbor bill hughes says the party host, who was celebrating her 21st birthday, had stopped by earlier in the evening as a courtesy. >> reporter:it's not clear if the victim and suspects knew one another. police declined to elaborate on what led to the fight but say the twin brothers were invited by a friend of the hosts. >> my to be a lull allowed she said a that was not expecting trouble. might be a little loud, she said. >> reporter:neighbors say it wasn't the first such party and there had been other fights. police confirmed they had been called to the

house before as well. >> >> reporter:we are learning more tonight. about an east coast college student. from the bay area. >> pam: accused of possessing a weapon of mass destuction. 19-year-old vladislav miftakhov will be in court next month. >> pam: he lived in san carlos. and went to belmont high school. police in altoona pennyslvania say on friday they were looking for a marijuana grow. >> pam: but instead found a homemade bomb, and bomb making materials in a suitcase. the suspect allegedly told investigators he planned to blow things up. and bought all the stuff online. >> pam: friends of his we've talked to say he was quiet, bright student.

and always got good grades. >> catherine: still a lot of questions about the weekend shooting at a maryland shopping mall that left three people dead. >> catherine: this is the gunman -- a 19-year-old who killed himself. >> catherine: tonight -- investigators are still baffled about his motive. >> catherine: the shopping mall in in columbia maryland reopened monday. except for the skateboard shop where two young employees were shot and killed saturday. >> catherine: 21-year-old brianna benlolo and 25-year- old tyler johnson were killed. police - trying to figure out if and how they were connected to the gunman. >> catherine: 19-year-old darion aguilar is described as a skinny, quiet kid who graduated from high school less than a year ago. >> catherine: he lived at home and had no criminal record. >> catherine: ".still don't know the connection between shooter and victims.know that's frustrating." >> catherine: the shooting

happened saturday morning. >> catherine: aguilar took a taxi to the mall.and had brought along a shotgun he bought last month. >> catherine: the aunt of vicim tyler johnson says his family is shattered. monday - visitors to the mall were leaving notes of condolence at a makeshift memorial. >> catherine: an investigators are poring over a journal aguilar kept. they say he expressed 'general unhappiness' with his life. a family friend says he had moped about things like his acne.and being rejected by girls. >> catherine: but apparently no one saw any red flags of what was to come. >> pam: an update now on jahi mcmath. the 13 year old oakland girl who was at the center of a legal battle between her family and

oakland childrens hospital. jahi was declared brain dead by the hospital, but the family argued she is still alive. >> pam: they won the right to keep her on a ventilator and move her to an undisclosed facility three weeks ago. this weekend, jahi's uncle released video that the family sees as encouraging. >> pam: the uncle did did not provide any other information. but in a social media post, he said the teen is alive and fighting hard. the video has sparked mixed reaction on line about jahi's condition. >> reporter:optimism tonight that the worst of the flu season may be behind us. medical experts say it looks this flu season has peaked.but they warn several more weeks of new cases are likely still to come. >> reporter:flu activity in california remains widespread. and the total number of bay area flu deaths this season is up to 31.

>> reporter:statewide. 95 flu related deaths this season.and another 51 cases are under investigation. >> jacqueline: we are seeing cloudy skies and they have been increasing throughout the day. this afternoon in be lowered duties 59 in san jose with a 61 in livermore and 55 in napa. reason for big changes is because the blocking pattern has finally broken down. you can see a few returns popping up on the radars but it is still dry. you could see a lot of the brain is missing us to the north. a lot of the rain is missing as to the north. tomorrow we'll see

evening rains bay area wide. >> pam: next. >> pam: kron-4 breaks down the best -- and the worst of last nights grammy awards. >> pam: then. we'll take you to a bay a you know, we'll take you to a bay a you know, not all heroes wear capes. some wear fur. and mattress discounters good deed dogs is here to help them. meet yara. she helps veterans like marv stay independent. this is caspin. he helps wallace with things she can't do on her own. and goldie helps children with developmental disabilities, while suzie works with people in the hospital. you can be a hero, too. give it mattressdiscountersdogs.com, or any mattress discounters. mattress discounters good deed dogs: helping dogs help people.

[man] no one told her,right? [son]hi!

[mom screams]

>> reporter: >> (cheers & applause) >> reporter: the biggest buzz of the night the 33 couple who were married all through the show with queen latifah officiating and madonna as made of the other. >> reporter: next morning

social media was exploding about white artist picking up vast new rap album. you can catch all your entertainmet news right here on kron4. the insider starts at 7. followed by entertainment tonight at 7-30. they'll have much more on the grammys. coming up at 5:30. >> pam: >> pam: word tonight a third retailer might have been hacked. and more credit and debit card numbers could be in the hands of thieves. we'll sit down with kron-4's credit expert. to find out what you need to do. >> pam: then. a new round of freezing >> pam: weather hitting the northeast. >> pam: weather hitting the northeast. and it could spell some bad nights can feel long and lonely. i miss my sister. i miss my old school. i miss my room. i don't want special treatment. i just wanna feel normal.

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>> pam: american shoppers continue to be worried about theinformation. >> pam: that's after news that major retailers have been hit by security breaches. a new poll says nearly half of american shoppers are very concerned. but only 41 percent have checked their credit reports. catherine heenan is here with the latest. >>another retailer has bad news for customers. >> catherine: this time it's "michaels" -- the arts and crafts chain. the company is acknowledging that it's also apparently been hit by a security breach. >> catherine: management is still working on confirming that -- and doesn't have many details yet. >> catherine: it's not clear how many customers might be affected or when they shopped at the store. >> catherine: or even if they're talking about in- store or online shoppers. >> catherine: michaels is advising customers to check their financial statements. >> catherine: the news comes weeks after target announced that it's the victim of a huge security hack. that particular problem has affected 40 million credit

and debit cards. >> catherine: and the personal information of up to 70-million customers. target has been in damage control, but sales have been affected.and there have been lay-offs. >> catherine: and as upset as customers might be -- polls show they're not taking a lot of precautions, even now. >> catherine: very few have changed their online passwords at retailers' websites or asked for new credit or debit cards. >> catherine: and about a week ago -- we found out that neiman marcus has been hacked. >> catherine: we now know that about 1.1 million customers have been affected by a three-month security breach. >> catherine: so far - credit card companies have told the high-end retailers that about 24-hundred cards from its customers have been used in fraudulent transactions. the retailer has yet to see any problems on its own neiman marcus cards. >> catherine: the breaches at target and neiman marcus are thought to be linked to a band of cyber criminals in eastern europe. a cyber security firm has told reuters that as many as 5 other retailers may have been affected.

>> pam: joining us now. >> pam: kron-4 credit expert erica sandberg. lets say someone shopped at target, neiman marcus and michaels. what should they do? r >> reporter: check your statements you do not have a choice right now you must check your statements it is totally up to you. chance is if you have used your credit or debit card in any major retailer it is possible that it was compromised. >> reporter: just received a letter today that it allegedly happened during the holiday season and during that time a lot of people are the hon.. are hon. vulnerable thought it >> not time to go into a panic frenzy is time to

check your statements. it is not that hard. >> reporter: >> not all are accurate target is in those two are really cruel act of and hopefully michaels will they have a thousand stores throughout the u.s. and canada. they do have a lot of customers. hopefully that they will do the right thing. >> reporter: >> pam: would you know some of these things that are happening are not really fair to the customer. suggesting that this is a much bigger problem. who is really protecting the customer in this scenario. >> reporter: will not be responsible for any fraudulent penny if you report it. the first lawsuit

was slapped against michael's today. >> pam: so there's a class action suit? >> yes it is a woman and it is an individual and she is saying that there is a lot she has to do because of deal. the criminals are so good at what they do is almost not the retailers thought i will take some responsibility away from them because the speeds are good. these theives are good! >> pam: so the bottom line is check you have to check? >> jack, jack, jack check, check, cekc check!!!

>> reporter:the last week of january is shaping up to be just as brutally cold as the first. and it could impact the super ball bowl >> reporter: broncos and seattle seahawks arriving in the area for sunday's super bowl game. the menacing winter weather has officials anxiously monitoring the forecast. >> reporter:they need to decide by the end of the week whether to move up the date of the game or change its time. >> reporter:as of today, the forecast has a chance of snow for the weekend but just cloudy conditions during game time.

>> there are people down to 5% and 10% and with astute with the school coming up day will be out. >> reporter: temperatures and the parties in the 30's >> pam: coming up at 5:45. >> pam: we'll tell you how a new california food safety law

into costa from falling klay and went to the hospital. there were tested and marijuana was found in their system. a substitute teacher has been called then and the district has released a statement about this and sent a letter out to all of the parents. kron 4 news already rejected by >> pam: trial started today dozens of states have moved

in recent years to either abolished or toughen the standards to give teachers permanent employment union says eliminating such law will embrace a vital support system for a profession that is already losing talented people. coming up at 545 we will tell you about the new threat about the olympics in russia. we will tell you how a new california food safety laws means big changes for a new california food safety laws means big changes for bars. you know what? why don't you go get some frozen yogurt. i got this. you're so sweet. you got this, right? i do got this. from the shelf, and to your home. starting at $99.

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>> pam: turns out a new law meant to boost food safety and california means a big change for bartenders. the law requires anyone preparing a suit to wear gloves. that means bartenders will need to use gloves any time they put ice or garnish into the drink. governor brown signed the log in an effort to decrease food born in most illnesses. the law bans food handlers from touching many kinds of food without siegel used gloves are you tensed utensils. for restaurants can apply for an addition exemption, but that requires the eastern pilots in training for employees.

>> catherine: the olympic torch was brought into one of the stadiums insochi

today. as russia prepared to welcome the world at the winter games. but concern over terror attacks continues. today militant broke one and islamist website russia has been warned. still security has been intense and today the head of the olympic committee declared that he is confident that the games will be safe and secure. another bit of negative publicity though russia unpopped opposition leader is blaming widespread corruption for the east led to the price of staging the games. arguing many venues cost twice as much as they should have. >> reporter: it is crunch time for president obama making final edits on speech he hopes will be the start of a turnaround. >> i think the public and it

2013 very frustrated. >> reporter: obamas approvals routines is slowly recovering, but he is still more on popular than at any of his test of the union address is due in part to be botched wrote out of his health care law. on tuesday he will tout a new plan to narrow the gap between rich and poor. even if he has to go it alone. >> he says this is the year of action. >> is sounds vaguely like a threat. >> reporter: the gold all round congress plant, already rejected by republicans, who say obamas of using his execution abusing his executive power.

>>i think it also has a certain amount of arrogance in the sense that one of the fundamental principles of our country were the checks and balances. >> reporter:the one major legislative item obama has his eye on is immigration reform, despite house republican opposition to a comprehensive plan. >> reporter:it was one of obama's big agenda items in last year's state of the union, but it stalled, along with expanding background checks on gun sales and increasing the minimum wage -- which he will push for again tuesday night. >>presidential power is something that's fought out every day, and one speech is not fundamentally going to change his position, but what he can do potentially is begin to lay out themes that define the 2014 legislative and electoral battle. >> reporter:brianna keilar, cnn, washington. >> pam: watch the state of the union right here on kron-4. >> pam: tomorrow at six. >> pam: we will carry the whole thing live, and bring you political analysis from expert michael yaki. >> reporter: this is going

to continue into tomorrow as well which is what we only have a slight chance of showers tomorrow morning this is the tail end of its steady off shore. we have a better chance of rain wednesday night and two thursday. take a look at the futurecast rain missing us to the north. futurecast will pick up in into late tonight. in the early tomorrow morning in north bay. occurring between three and 6:00 in the morning in the north the bay. and does not look like we will see anything south of the golden gate 21 tomorrow for us to see snow. to warm for us to see snow.

>> jacqueline: 47 and oakland with 45 in that but then for the afternoon we will warm up a little bit tomorrow because of the one sector of the storm. it is a little cooler at the coast line with more sea breeze influenced at the coast. tomorrow will be too warm for any snow but just rang rain >> jacqueline: will have the colder temperatures in the acc now in the sierra. the slight chance for a shower for tomorrow the possibility of lingering showers. >> reporter: and 2013 the received 17,000 calls for

each illegal dumping what is being done about it people behaving badly tonight at 8:00 >> reporter: do not just leave your old gadgets in your drawer top dollar for used old devices gabe slate tech reporter i will show you how and twitter i want you to know stuff i want you to be kind. i want you to be smart. super smart. i want one thing in a doctor. to speak my language.

i don't want you to look at the chart before you say hi...david. quiero que me hagas sentir segura. i want you to be awesome. that's the doctor i want. at kaiser permanente, we want you to choose the doctor that's right for you. find your perfect match at kp.org and thrive.

gabe slate tech report >> reporter: if you want top dollar for dollar used device craigslist or ebay is the way to go but it is a major hassle and a lot of things can go wrong when trying to return during peace particular programs.

gazelle.com the mickeys ec no surprises. they make it easy >> reporter: they pay for shipping was the received they will verify it and pay you through pale or amazon cold through amazon credit. to ditche has always before youl any advice do if a factory reset to wipe out all of your personal and permission. information. >> pam: walnut creek 68024

interchange is very heavy in all directions there as well as san jose. look at 1 01 very heavy there right now. coming up news tonight at 6:00 how he is supporting the giants fan that was brutally beaten and 2011. new destination for travelers this summer. we have a lot more news j female announcer:ews j female announcer:ews j when you see this truck, it means another neighbor is going to sleep better tonight because they went to sleep train's ticket to tempur-pedic event. choose from a huge selection of tempur-pedic models, including the new tempur-choice with head-to-toe customization. plus, get 36 months interest-free financing, two free pillows, and free same-day delivery. are you next? announcer: make sleep train your ticket to tempur-pedic.

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(male announcer): this is the bay area news station, kron 4 news starts now. >> pam: at 6. >> pam: bard's police chief is

making big changes. to help the department will handle certain is in the future. the announcement comes in the wake of the shooting death of bart sergeant tom smith last week. he was killed by fellow officer who was part of the team executing a probation search at an apartment and dublin. tonight kron4 dan kerman has more on the policy changes and new information on the officers that fired the fatal shot >> reporter: following the fatal shooting for bart police sergeant tom smith but a fellow officer during a probation should check that the purpose seeker apartment that has instituted a policy change. >> reporter: that would not have changed anything in this case, because the deputy chief has been informed. >> reporter: chief has also asked the u.s. department of justice to review bart

policies as it relates to use of force officer body cameras in search procedures. >> it is always good to have someone look at what we are doing and also give us feedback and advice on what to do. >> reporter: we are also learning more about detective michael mace who bart says fired the fatal shot. he has been a lot and first officer for 26 years, 14 at bart and during that time the chief says has had extra training and experience in conducting a search at a rest warts and additional he also served as the field training officer such experience and does not explain how the shooting could have happened. >> reporter: the chiefs also

indicated he does not know if the uniformed officer body camera was turned on during the operation, but said it would be troubling if they were not and he said though not in uniform, plainclothes officers were in a bulletproof vest which clearly identified them as police. >> reporter: we were first reported exclusively on friday the details on what happened at the dili shooting in dublin according to a former bart employee e... >> pam: tonight on the news at a kron4 investigation continues with a closer look at birds trading practices. at 8 a former bart officer explains why the department tran is not enough and how that led to sergeant smith's death. >> pam: stay with kron4 as

we continue to follow new developments. a public viewing for falling apart officer tom smith will be held tomorrow at the chapel of chimes in hayward followed by a 10:00 a.m. from a service on wednesday. at the neighborhood church of castro valley. >> pam: to ride sharing company lauber is being hit with its first month of death lawsuit it stems from that new york each accident was one of its drivers allegedly plowed into a family in the crosswalk of poke at ellis street in san francisco killing a six year old crow and injuring her mother and five year old brother kron4 maureen kelly explains. >> reporter: a member of a memorial for sofia lou still stands near the crosswalk where she died on me a week

from her seventh birthday. uber has maintained that its driver allegedly involved 57 year old syed muzzafur of union city wasn't technically working for them at the time of the crash. >> reporter: that is because he did not have a passenger in the car with him the company issued only covers drivers who participate in the uber x service from when they agree to pick someone up and up till they drop them off the attorney representing the victim's family up and says that is not right. >> reporter: override sharing app less passenger use the smart phones to connect with drivers or close to them and the drivers have lugar issued phones to help them hook up with their fares the family

lawyer says that having drivers look at apps well behind the wheel is a dangerous distraction. >> reporter: san francisco- based company is not commenting on the lawsuit earlier this morning on earlier this month they deactivated the man behind the wheel muzzafar was arrested on suspicion of vehicular manslaughter and is now out on bail police are still investigating the case. >> pam: onto a developing story. the oakland team accused of shooting and killing his sister last week remains on the loose tonight. kron4 justine waldman is life outside the oakland police the apartment with the latest on the search for 14 years old murder suspect >> reporter: they live with their grandmother in oakland chinatown, that is where the shooting happened yet.

considered armed and dangerous because they have not recovered the weapon creek they believe the brothers used a handgun to kill his sister. 130 comes dark hair and brown eyes the chief says he believes the suspect is staying with one of his friends. >> someone knows where he is at. hopefully that person will help him turn himself in so that we can get this a case solved. >> reporter: they are planned the family are planning justice's from row. there were reports over the weekend that mario was writing a ac transit bus but that was not mario to someone who looked like him. the police chief says this is a high priority case. crime stoppers are offering

a $10,000 reward to try to find it a rest this 14 year old suspect. >> reporter: new at 6. giants third base coach tim flannery with a huge show of support for injured giant fan brian stow. >> reporter: flannery who is a musician raise the money by performing 24 shows this off season. giants reliever jeremy affeldt donated 25,000 of that money at former great will clark chipped in with 10,000. stout is still struggling to stand together thought him words after being brutally beaten outside

dodger stadium almost three years ago the former parent metic requires extensive care as his recovery slowly progresses. former paramedic >> pam: the santa clara valley water district is meeting tomorrow to talk about water conservation policies the agency is planning to vote on reducing water usage by 10% in 2014 officials are also voting to approve a $500,000 budget that would support the water conservation program and public are reach for that program. agency currently provides nearly 2 million people >> pam: some much-needed rain is headed towards the bay area this week after the baseball warmer than usual

temperatures earlier this month. this is a life look kron4 chief meteorologist jack london that it is and the weather center what they look at how much grain we can expect. >> reporter: i will have more rain tonight. >> pam: coming up san jose police make our rest following a deadly stabbing at a birthday party. over the weekend. plus a cruise cut short hundreds of people sick. what illness is said to have spread on board for royal caribbean cruise ship and called on camera a building comes crashing down in a matter of seconds next !

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>> pam: coming up.

>> pam: san jose police make arrests i am very surprised and shocked. following a deadly stabbing >> pam: a suspicious package found in san francisco and what police found in a porta-potti me was earned in korea in 1953.

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>> pam: at a birthday party over the weekend plus -- a cruise cut short.hundreds sick. been arrested in connection with the fatal stabbing of >> pam: 18-year-old twin brothers anh and duc tong are in the county jail tonight, charged with murder in the death of 22-year-old richard phan, all three men are

residents of san jose. police say phan was stabbed to death during a fight outside this house on suncrest avenue where he and girlfriend's 21st birthday. >> pam: police would not elaboratefight. nor would they say suspects knew each other. >> victim who is a friend of the hostess of the party tried to intervene and was involved in the altercation and stabbed to death he died at the hospital in short time later. >> reporter:a san jose community on edge tonight.and more police are now patrolling.after a string of groping incidents. police say two women at san jose state university were groped saturday night. >> reporter:the first incident was just before 7:00 saturday night outside the event and recreation center. >> reporter:the a couple hours later.a second sexual battery reported on eight street near the hoover hall dorm. >> reporter:in both cases.

the suspect is described as a white guy with a moustache, between 20 and 30 years old.wearing a black hoodie.he was riding a bicycle in both cases. >> reporter:then just yesterday.an attempted groping near mac-quarrie hall.the suspect.a guy on a skateboard this time. >> reporter: whopolcie think this is a different suspect than the one behind the two gropings saturday night. >> pam: new at six. >> pam: some tense moments in san francisco.when a bomb squad responded to reports of a suspicious package. in the pacific heights neighborhood. and as kron4's john fenoglio reports. police are now turning the investigation into a case of attempted arson. >> reporter: neighboring homes were evacuated and residents were requested to stay. police say it look like someone tried to start a fire.

>> and this container on the issue with the description is it contained a liquid at some kind of arson which prompted the call to police. >> it is not rare were people have attempted to set is on fire deliberately. we have not seen that in a while. it is under investigation so we are asking everyone for information to please contact police. >> catherine: vacation is over for more than 3- thousand passengers on a royal caribbean cruise ship. the ship is returning early after a stomach illness made more than 600 people sick. and it's not just passengers. nearly 50 crew members >> catherine: are also sick. it appears to be an outbreak of noro-virus. with symptoms including vomiting and diarrhea. the passengers and crew affected have been told to stay in their cabins for

>> catherine: the decision to end the cruise was made yesterday -- after federal health officials consulted with on-board doctors. >> catherine: the c-d-c is looking into all this.and trying to figure out why so many people got sick. >> all of those people in a confined space over a long period, time and this is it easily contagious virus person to person. >> pam: on the eve of president obama's state of the union address. new poll numbers show low approval ratings. >> pam: according to a c-n-n poll -- obama's approval rating stood at 44 percent. near the lowest of his presidency. >> pam: meanwhile, 51 percent of americans gave a thumbs down to mister obama's performance in the white house. >> pam: the ratings are marginally better than two months ago, when they ran at or near all-time lows for the president.

>> pam: but it's still far below where it stood a year ago. at his second inaugural. when his approval rating stood in the low to mid 50's. sit with first lady michelle >> catherine: obama tuesday when president barack obama delivers the annual state of the union address. >> catherine: jason collins will be among the guests sitting with first lady michelle obama at tomorrow night's state of the union address. collins last year became the first active male athlete on a major american sports team to come out as openly gay. he played 12 years in the nba. two survivors of the boston marathon bombing will also be among the first lady's guests. the first lady's guests are >> catherine: often picked because they symbolize an issue or policy the president is promoting. the white house announced six guests on monday, with other names to be released ahead of obama's address. . >> catherine: and keep it here on kron 4. we'll broadcast president obama's annual state of the

union address tomorrow night at 6. legal analyst michael yaki >> catherine: will be joining us to talk about it. the president is expected to announce progress on things like job training and retirement security. and the fight to narrow the >> catherine: income gap between the rich and the poor. that's tomorrow night at 6. >> jacqueline: showing languidly in largely to the north of us. there is to tell and extending down off shore. we still have a chance of seeing light showers in the north bay. future cash shows lot of rain to the north of us now. mainly overnight we will see a chance of falling for the north bank. we will sebring but it would be too warm for us to cease no tomorrow even

in the sierra because of the want affect of this storm is pushing in. it will kenyan to sebring in the sierra through the day. we do have a second wave of rain coming in and that one will be bay area wide. so today breaking to storms down which is one for today the other for wednesday thursday will bring his reign bay area wide. and half an inch of rain everywhere else. as for temperatures marron out the door definitely more mild with cup coverage in place. forties and fifties to start the day. the one a fact of the storm will be pushing through. 67 in livermore and

san jose. as for the sierra it would be all maureen wednesday night in thursday we will cease now. we will see snow. >> jacqueline: a chance of pulling bring showers into friday as we move into the weekend dreier conditions. >> pam: coming up >> pam: southwest airlines goes international. new destinations for passengers who fly southwest -- starting >> pam: and -- an elementary school teacher arrested on accusations of bringing a pot-laced food to a staff dinner party. next!

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>> i am very surprised and very shot. tough time for the whole communities aware to try to make sure the children has a better day. >> reporter: parents >> pam: parents has decided not to talk. >> pam: still ahead at 630. bart police making changes to their current search policy. after sergeant tom what smith was killed but a fellow officer last week was one of the nation's largest domestic carrier is going international new destination south west airlines will be able to take the passengers very soon.

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(male announcer): this is the bay area news station, kron 4 news starts now.

>> reporter: the policy change and week of the bart officer by a fellow board officer patrick calling for the police chief says any time a surge need to be conducted it was this suppose to be for signed off. as it relates to those officers body cameras and use of force in search procedures. at the bart headquarters did carmen >> reporter: in san francisco the family of a six year old girl struck in the crosswalk by a uber driver. uber is not commenting on the lawsuit. the family of the victim as stating that the driver was locked on to the app waiting

for fare during the accident. >> reporter: oakland police's they have not caught the 14 year-old suspect accused of shooting his 17 year old sister justice . allegedly getting into a fight over laundry. i spoke with the chief today he's over the case he says he believes that mario is hiding with one at his transit at it hoping that he will turn himself in and because it is time. >> reporter: here in san jose police announced to address to the final standing on sunday saturday. phan was killed when tried

to break up a fight. this is the city's fourth homicide so far this year. >> reporter: san francisco is suspicious device found outside a residence. and put a neighborhood on a lot them. scott bomb squad later determined that the police was a container contained with the flammable fluid. they are treating this as a possible arson. >> gary: >> reporter: they have said that they have lost a system watcher audit responsible for more than 4,000 a. they are looking for any place where water would be wasted

including leaking pipes and plumbing they say that at this point at least things get worse they have no plans to produce service to reduce services or close services. >> jacqueline: graeme returning to the bay area this week. rain returning . up to the north right now. >> jacqueline: this strike pattern is breaking down the two waves coming through tonight and tomorrow morning which is a chance for the north bay. wednesday evening through thursday that is when we will see significant rate up to three-quarters inch of rain in the north bay and a half inch everywhere else and in the south bay we will see

the smallest total. >> reporter: >> jacqueline: + get a look at the extended forecast wednesday, and thursday that is when we will see grain which could possibly leaker and to friday. linder last week kron4's stanley >> reporter: roberts rode with the california highway patrol. >> pam: where he caught people breaking the law near the location of the maverick's surf competition. >> pam: in this edition of people behaving badly >> reporter:hey were is your seat im going to the legion you should put your seat belt on though sir yea alright thank you ahhh that's not how you put you seat belt on you have to put

it across your chest >> reporter:we will come back to this man in a moment . >> reporter:i'm in half moon bay where the mavericks invitational surfing compitation takes place and its closed to the public because of safety concerns >> reporter:stand up i'm out here at the mavericks and they won't let me up apparently security is so tight they won't let the media get in >> reporter:i finally did get in and rode with the california highway patrol looking for well people behaving badly >> reporter:like this driver who wanted to attend the event so he kept making u turns on highwsy 1 >> reporter:sot: did you know that you did was kind of illegal twice there >> reporter: you just making u- turns in the middle of the freeway i >> know i was i was getting lost though i did kneo where to go so you just started making radom u-turns on the freeway >>pull over right there >> reporter:this driver was

on his cell phone when he passed the officer >> reporter:he said he was from vermont where there is not hands free law >> reporter:he told me there is not hands free law in vermont, there is one >> reporter:then he stopped this guy and guess who it is >>i stopped you for not wearing a seat belt oh you got that news guy is he stopping me or you no i am he cant stop you >> reporter:he claimed that his seatbelt was broken it turned out he put a cover over the seat with no holes for the seatbelt >> reporter:then we had a chat >> reporter:so earlier when you put your set bet on you couldn't put it on right i was just going over to the legion anyway so >> your ar just yanking my chain well are you a cop i am not a cop then we can yank each others chains dosent matter does it if i lie to him its different if i lie to you who cares that's what im thinking >> reporter: alright thank you . you know you want to be a police officer put on a

uniform want to be a news man be a new man ok fair enough thank you brother appreaciate it and hes right im wrong wht the seat belt but you stay in your place. >> reporter:in the end he track up back down again to show the officer that he fixed his unbroken seat belt >> reporter:felt bad because he stopped me i went tore my seat put the seatbelt on to comply with the law i don't fell i was behaving badly >> reporter:in half moon bay stanley to index of stories... >> pam: coming up. >> pam: southwest plans its first international flights. good. good answer.

check it out. learning's fun now. yeah, back in our day, we didn't have u-verse high speed internet to play and learn online. all we had was that franklin fuzzypants. ah, the educational toy bear. remember when the battery went out? [ slow, deep voice ] give me your abc's. all i learned was a new definition of fear. i need some pudding. yeah, there's one left. [ male announcer ] connect all your wi-fi-enabled devices with u-verse high speed internet. rethink possible.

>> pam: new destinations -- the airline is going starting in july. >> pam: southwest airlines, the airline that launched a low-cost air travel revolution40 years ago, is expanding its horizons for

the first time. >> pam: >> pam: domestic passengers in the united states began selling seats on its first- ever flights to three caribbean beach destinations -- aruba; nassau, the bahamas; and montego bay, jamaica. >> pam: southwest will operate daily, nonstop flights from atlanta, the baltimore/washington airport, and orlando to those destinations. >> pam: southwest's integration with acquired in 2011. southwest expects to complete the integration and retire the airtran brand by the end of the year. >> pam: by the end of 2014, southwest plans to be operating the former air tran flights to mexico's cancun, los cabos, and mexico city, and punta cana >> pam: you can catch a full hour of sports talk with our sports director gary radnich live. it's all about the upcoming super bowl game this weekend. and a look at big commercials >> pam: that's expected to air. join us thursday at 9pm, right after the 8 o'clock news. >> pam: super bowl week begins

(male announcer): it's now time for gary radnich from the jack in the box sports desk. >> gary:goodevening everyone! >> gary:superbowl begins! >> gary:peyton manning and the broncos arrived in new jersey yesterday as super bowl week kicks off >> gary:pete carroll and the seahawks also came in yesterday russell wilson hoping he can keep up with manning >> gary:metlife stadium not much snow around it today manning was asked if the broncos win will he retire on top. just like his g.m. john elway and ray lewis last season >> if i cannot produce or

can i help the team that is where i will stop of love the game. >> gary:rice beats deion in pro bowl jerry rice and deion sanders talking some snack before the game >> gary:chiefs jamaal charles nailed browns josh gordon flipped by teammate brent grimes >> gary: use of the completion there for the touchdown. there it is! if it is hard-core people like football. pam, i had a

problem last night. a father and daughter dance so i was only able to watch a little bit of it. i missed the fiancee and james c.. i was i missed jay z and beyonce. >> gary: i did get a see a chance to see my boy pharelle, he is a genius. w ith his hat on!

>> pam: with his hat on! >> gary: i was in the top third all older men dancing. >> pam: (laughter) someone should have a big deal but that have a video of you dancing with yopur daughter! >> gary: the original super agent leigh steinberg, ways san on richard sherman who has become a household name

>> was brilliant from a marketing perception. he'd worked his way into the spotlight. he took a page from my lee cyrus where people did not like her but now he grabbed the spotlight and branded himself. >> gary: signing his new book and book passage he will be there from 7 to 830 lee steinberg. >> gary:! commission to billboard and houston area encouraging in f l to draft men sell as the first pick draft jonny menzell.com

if they select someone other than man cell that will be tough >> gary: what about soccer? we know he can play soccer pam, but can he taught talk? >> gary: next!

(male announcer): it's now time for gary radnich from the jack in the box sports desk. >> gary: no. 1 pick of the

san jose earthquakes. two- time stamford started as a freshman comes from good stock. welcome to the show the young fellow >> just finished up with a degree in human biology. >> reporter: do not kick the ball i'm going to be your parents >> no app always wanted to play soccer and they know that that is a dream of mine is a dream come true to please a professionally. play >> gary: can you make a

living at it? >> yes the league is becoming better and better. >> is the kobe 5 that is my mom right there. >> gary: 2005 will ferrell and you hit uphooked up? >> my coach was robert duvall and we were beat by the tigers in will ferrell. >> was awesome. he was awesome! >> gary: you start in march with san jose earthquakes >> ask that is when the

season starts. >> gary: i hope it all works for you. if not then go be a doctor >> think gil (laughter) think you macklemore and ryan lewis, madonna, inside the

"the insider" with perspectives on today's top-trending stories. ♪ ♪ >> insider. >> social. >> at the grammys. >> ready? ♪ ♪ >> it's a song about equal rights. >> macklemore and ryan lewis, their emotional performance and mass wedding. >> television history. ♪ >> their personal connection. >> my sister getting married tonight. >> i now pronounce you married! >> behind the scenes with officiant latifah and the grammy newlyweds. >> i'm so happy. >> then couples, mr. and mrs. carter's big night. >> the very grown-up performance. >> plus justin's panama escape. >> he was giving him some of his relax juice. >> winners backstage. >> the robots. i want to follow their lead. >> fashion from the runway.

can you hash tag her outfit? >> trophy wife. >> normally i'm the [ bleep ] that says something dumb. >> the latest celebrity news delivered to you 24/7, it's the insider together with yahoo. taylor, katy and the daft punk robots and we start with history being made at the grammys. ♪ ♪ ♪ >> and the grammy goes to -- macklemore and ryan lewis. ♪