>> reporter:according to bart police, officers approached powell who was smoking on the bart station.. which isn't allowed.. they spoke to powell for several minutes.. when they tried to write him a citation he became combative and at one point tried to jump off the platform.. onto the side walk below.. the officers grabbed him.. he then started reaching for his waistband. one officers told the other to him. powell then shot apparently shot himself in the stomach and then dropped the gun. a split second later on of the officers did use his taser on powell but it didn't end there. >> reporter:the person falls to the ground, he starts reaching for the weapon that's on the ground, the officers pull him away from the weapon and he's screaming that you shot me. saying that the officers shot him, which is not true. >> reporter:now the suspect in this case was transported to highland hospital, he has undergone multiple surgeries and was reported to be in critical but stable condition. he does have an outstanding warrant for his arrest related to a felony burglary charge. in this particular case, because powell reached he could be facing attempted murder charges.

>> reporter:the two officers meanwhile, because this was not an officer involved shootingholstered their firearms. in oakland ,charles clifford kron 4 news. >> this just in to the kron 4 newsroom. >> grant:breaking news out of the south bay. an arrest tonight.in a high profile murder that took jose office building. >> grant:this surveillance video shows the suspect that for. 42-year-old duane aguero is now in custody.

>> grant:two other suspects accused month in confrontations with police. >> grant:christopher maxwell surveillance video with his murder.was killed in a lundy avenue office complex. wren, and all suspects are from san jose. the motive for the killing is still unclear. we'll keep you posted. >> pam:the man accused in the kidnapping and murder of sierra lamar. will stand trial next april. lamar is the 15- year old morgan hill girl, who went missing back in march 2012. >> pam:though there was an extensive search, her body investigators linked antolin garcia -toress. to her disappearance. >> pam:garcia- torres has pleaded 'not guilty'. and will go on trial april 25th. 20-16. >> pam:there has been a recent spike in crime in the city of richmond. robberies are up 20 percent - according to police.

>> reporter: as you see here in a red jail suit. and the judge will not allow list the show this this is what can only see pictures. >> reporter: pus gas was held for 48 hours and dropped off as i california. the argument here is that evidence obtained in the doubling case was taken illegally. because of this, they can receive additional evidence and the huskings case. >> reporter: this is what his attorney had said after the courtroom,. >> if you are going to serve something without the war in has to be a claymore separate and has to be a queen search and good and

every other respect. and that is what we spoke about today. something that they could do without a warrant. >> reporter: court today the deputy the testify since that that cell phone that was given to him by one of the victims patrick the door founded on the counter. he then called 911 to get a phone number. the suspect was still on the run. no ruling made on the case or for that evidence to see if abused or cannot be used for it that is something that will happen in the next two weeks. j.r. stone kron 4 news. >> pam: the man accused in the kidnapping and murder of sierra lamar will stand trial next april. >> pam: lamar is the 15 year-old morgan hill borough, who went missing back in march 2012. though

there was an extensive search, her body has never been found. investigators linked garcia torres to her disappearance however he has pleaded not guilty and will go on trial april 25th. 2016. >> pam: there has been a recent spike in crime and the city of richmond. robberies are up 21 percent according to to police. >> pam: they say, those statistics could be even higher in the hispanic community, along 23rd street. because the crimes often go un-reported. >>".to the city" >> reporter: >> pam:in response, a richmond police crime suppression unit has targeted the area, and recently arrested 4-suspects they believe are connected to a number of robberies throughout the 23rd street

corridor >> pam:a vandalism case has been solved in the east bay... danville police say they have caught 18-year-old jared vance of provo, utah. >> pam:vance is being charged with a felony. for spray painting oak hill park in danville, on june 8th of this year, accoring to the contra costa district attorney's office. >> pam:due to the nature of the crime... a reward was offered. >> pam:officials have not said whether or not the reward was given out. >> pam:sheriff's deputies in

santa the death of an inmate at the main jail while in custody. kron four's rob fladeboe reports now, a criminal investigation is now underway. >> reporter:details are scarce but we know the mysterious death occurred last thursday here spokesman for the sheriff's department says the inmate was found dead in his cell. department -- >> reporter:the sheriff's spokesman declined to name the late inmate, but court documents identify the deceased as 31-year-old michael james confirmes tyree died while in custody. the sheriff's >> reporter:department also confirmed deputies have been placed on paid leave. tyree's death is being investigated as a homicide. >> spokesman -- they are working in homicide case. going forth and treating this case like any other homicide case we would treat. >> reporter:other court records described michael james tyree as a transient, who was in alleged drug offenses and had previous contact with theft.

>> reporter:at the time of his death, tyree was waiting for a transfer to a mental health facility. results of the autopsy, which will include the cause of death, have notreleased. in san jose rob fladeboe kron 4 news >> pam: a startling fact released today. a california prison inmate dies. or is killed, on the average of ever 12- hours, that is just one of the statistics available on a new state - sponsored web site. >> pam: catherine heenan is here to tell us about the data hub. known as "open justice." catherine? >> catherine:it's the first in the country. an interactive site where you can read for yourself the raw numbers on who's being arrested in california. >> catherine:and who has died in custody and under what circumstances. the site also has information violence against officers. >> reporter:the california department of amounts of criminal justice data and will now make that open to the public.

>> catherine:attorney general kamala harris officially cut thethe state compiling some facts you may already know, you. >> catherine: african americans make up just six percent of the state's population. but they are three times more likely to be arrested, >> catherine:and four times more likely to die in custody, >>the data has shown us that in the last 10 years there have been 6,837 deaths in custody >> catherine:that is an an average year of 684 people a year. in most cases. 61 percent. the reason is natural causes. prisoners die of sickness or old age, >> catherine:seventeen percent, or roughly 120 people a year in california, are killed by police during an arrest. their average age is 34. >> catherine:the data also focus on police deaths. such as the murder of hayward officersince 1980, 345 law enforcement officers have died in the line of duty, an average of 10 a year.

>> catherine:54 percent were killed by criminals. the others were accidental deaths. in addition. >>there have been 280 thousand assaults on police officers since 1980. i'll do the math, that's 8,000 assaults a year. >> catherine: search for open justice, one word on our kron4 web site. >> catherine:harris also announced that body cameras. with local police to make the practice universal. >> pam:the number of inmates at san quentin state prison. under observation for symptoms of increased to ninety-five, officials say. the inmates have not been diagnosed with legionnaires' disease. but they are being according to state corrections officials. >> pam:six inmates are

confirmed to have the disease. fever... chills... and a cough. >> pam:treatment is being conducted on-site at san quentin's medical unit. but the source of the >> pam: will be back! >> diane: forecast is coming >> diane: forecast is coming up >> diane: for♪ ♪t is coming up

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>> pam: there were some very happy children in the east bay today. thanks to some very generous employees. the workers bonded together to round up school supplies. >> pam: and as kron four's terisa estacio reports, the kids were eager to put their new items to use, quickly. >>grabbing back packs. >> reporter:it was hard to tell who was happier these employees from overaa construction here to hand over some backpacks with brand new supplies or these kids, waiting patiently to pick out a new bag. >>13 elizabeth it is great. >>16 jorge martinez/overaa construction we are so happy to be here. >> reporter:once all the bags were in for it and that is what happened. and while the kids were enraptured, so were the employees from overaa.

>> jorge. it is so cool to volunteer to give back. this was so great. it makes you feel awesome. >> reporter:overaa is a local richmond company. the idea to give back started small, but grew fast as the employees chipped in. in fact, so many bags were donated, several cars were needed to drop off the goods. >> reporter:besides here at grant elementary, the workers were high school. >>thank you. >> reporter:oh and as far as the kids, they were a little shy about the gifts, but plenty ready to go put them to good use. >> we like to walk the talk.

>>i am going to go color. >> reporter:in richmond, te . >> pam:why would a chicken cross the bay bridge?? that's exactly what happened this morning. >> pam:catherine heenan is here with the story. catherine? >> catherine:it happened right in the middle of the morning commute. with drivers tweeting about a loose chicken near the fastrak lanes at the toll plaza.starting before 6-am. >> catherine:some people took photos.one viewer sent us this video. it was never clear whether there was more than one. >> catherine:but the c-h-p began tweeting warnings to people -- telling them not to get out of their cars to try to catch any chickens. >> catherine:this went on for hours. >> catherine:finally around

10-am - the c-h-p sent out a photo saying the bird was "in custody." it got a ride in a patrol car and was checked by a vet.and then taken to an animal shelter. it's still not clear where the little brown hen came from.but people are now applying to adopt her. >> pam:suicide prevention is underway, as cal-train crews along the rail corridor in fencing to reduce access to the rail tracks. >> pam:cal train officials say, both improvements are part of an august 24th agreement between the city and cal-train. it is aimed at creating a comprehensive approach to suicide prevention on cal-train tracks. >> pam: the city of palo alto will pay more than one- hundred- fifty- thousand- dollars. for the fencing and vegetation removal. a thermal infrared camera pilot program. will also be added in the next few weeks. >> pam: it will be able to detect people and objects more than a mile away. using heat sensors. palo alto: caltrain begins improvements aimed at preventing suicides - vegetation removal

>> grant:a big intersection near a-t&t park will be closed over the labor day weekend. 4th and king will be closed as the city's transit angency works on the central subway project. >> grant:the closure starts at 10:00 friday night.and lasts until 5:00 tuesday morning. crews will start the work to lay new tracks for the subway project.among other things. >> grant:also.the bay area is gearing up for another closure of the transbay tube this weekend. bart will completely shut down the tube for three days. >> grant:no service between san francisco and oakland saturday, sunday and monday.bart is replacing thousands of feet of the track in the tube. >> grant:the agency says this work will allow trains to switch tracks more easily. the san francisco bay ferry will double its usual weekend service on the alameda-oakland-san francisco route. >> grant:and there will be

enhance service on the vallejo-san francisco route. for additional information on the closure and alternative buses and routes. you can visit our website. kron-four-dot-com. >> diane: things will start warming up for the holiday weekend. >> diane: a first, much of the peninsula and the east bay shoreline is still in with this right now. when it speed is on the breezy side at 18 mi. per hour for oakland, 13 now for hayward, 174 livermore and san jose. temperatures, right now are still in the 70's for the inland valley locations. and low 70's and upper 60s for san francisco and the peninsula. >> diane: 7:00 p.m., mostly cloudy with patchy f o g and much of it and we get through the evening. it will

be in the 60s across the board. 58 am tomorrow morning sunny skies the upper 50s and the talent that locations. >> diane:--inland vallies >> diane: clear skies, with sunny conditions for the next couple of days however, we will not be as warm. friday, things will start to heat up gradually and to saturday and more of it for sunday as well. at 4:00 p.m., los 70's at ease the shorelines and upper 60s for san francisco and the peninsula. >> diane: would talk about how warm it will get for your holiday weekend up next!

100 hero. a viral sensation --one hungry sensation! >> all looked over there and saw the fire bursting out for it asset let me get my children out of this situation. i am from the bay area. located in the bay area. they call me west coast trip tom going to keep things going. it was real serious out there, man. i am going to enjoy the barbecue pit have a good night man. how would they will put me of or hopefully they will put me into a hotel and so that my money would not come out of my pocket. >> grant: robert wright, got

it right. you say the kids first. --sve--save >> pam: (laughter) >> diane: (laughter) >> grant: this is something we did not show courage the acts of any injuries. he said well i did have smoke in my long as. from the ribs? well maybe. >> pam: some think is missing and we will explain next.

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and help the fast-food restaurant opens for business in san francisco. imagine a restaurant and the waiters or cashier's or buster spirit just machines. and automated fast-food eatery that just opened in san francisco with the key lick the caucus. >> reporter: welcome to the new eatery called eatsa >> reporter: you place an order on an ipad. three to

five minutes later and shows up in a cubby. hardly a human insight. >> reporter: expect for maybe a concierge. the food is fast and how be based on the grain quinella. meets at the all met with a touch of space odyssey. scott drummond is one of the founders. but this high- tech cafeteria is committed to engineering a meal that is better for your body and the planet. >> reporter: customers we talk with them not seem to bother but or be bothered by the lack of can interaction. as for the robot replacing more hours for jobs? there is a team of kitchen staff making the food. you just cannot see them. welcome to the fast food revolution. they are planning another location and said francisco and launching another key 80

as state and southern california's center it in seven francisco now that there's foster farms simply raised,

it's tougher than ever to be a foster farms chicken. but foster farms simply raised chicken is 100 percent natural with no antibiotics. well you're an herbalist. help us to be natural. will those herbs do it? those? one grows hair, the other increases energy. gasp! do i look natural herb man? can i call you herb man? i'm trying to look natural. call me natural. you look like a steve. can i call you steve? hi steve. i'm natural. say something. why aren't you guys saying anything? introducing new simply raised chicken with no antibiotics. from foster farms. simply better. (male announcer): this is the bay area news station, kron 4 news starts now. >> pam: city of san

francisco is spending--the city of san francisco is many more public rest rooms rest rooms with attendance as a way to combat the problem of people using the streets are their personal toilet. >> pam: kron 4 maureen kelly explains how having a party sitter is helping the city clean up its act. >> reporter: now at the public beckham and civic center. unless someone leaves the self cleaning toilets. an unattended goes into major league is calling for the next person. and if someone is taking too long. she will give a courtesy not after five minutes. to make sure they know it is time to move on. >> reporter: that is because is not uncommon for these

restrooms to be used for unsavory and sometimes illegal purposes. droves, prostitution, and even taking up residence permit is part of the city's pit stop program. >> reporter: the idea makes the bad to and usable. so people will go here and instead of the streets. the attendants are on duty and a location where public urination and dedication are a big problem. the tenderloin mission castro south of market and its market areas. >> reporter: some locations like these portable bathrooms have been in place as july 2014. the department of public works say they have been seeing a 17% drop in request for steam cleaning. but that is not

the only way they know it is working. >> more flushes. >> reporter: in addition to those eight locations there is also a place for some ranch disposal undock don't pull back street those using on really walking by the new locations to get a party sitter people we talked with like the idea. maureen kelly kron 4 news >> pam: san francisco police are looking for a suspect who posed as a p g and t worker and broke into a porter role lohan neighborhood home what a woman was asleep inside yesterday afternoon. at about 430 grit a woman in her 70's was sleeping at her home in the 400 block of university st. when she woke up to the sound of her front door closing polysaccharide --police, say.

>> reporter: the victim's husband had just come home and saw a man walking out of the house. when the husband confronted the suspect he said he was with pg at he was checking the meter for weeks. this is the deficit has not been filed. police have not said if anything was taken in the home. >> diane: we are not going to see much of the '90s at all be more than 80 separate would talk more about that and the 7 day forecast when we can expect warmer temperatures headed our way creek next! >> pam: and texas thrift officials are still reviewing the video showing duckies shooting and killing a man whose arms were raised. catherine heenan is here with the latest developments. catherine?

>> pam: >> catherine: a texas sheriff says a second video appears to show that man carrying a knife. so far the public has only seeing images taken from this video. were a utility pole of skiers one of the man's arms and is not absolutely clear what happens. >> catherine: at a news conference today, the surest is the man had a knife and the new deal is being studied at the state crime lab. >> catherine: michael thomas record the first bill. the sheriff says that the deputies claim the men killed gilbert floras and have resisted arrest. even after a stun gun was used to rid the fbi has joined the

investigation into his death. >> catherine: tensions were high today as prosecutors gathered outside a baltimore court house. this one of the people are arrested. inside, a hearing and all the six police officers charged in the death of for the great. --freddie gray >> catherine: the 25 year old black man died of severe spinal injury while in police custody. a week after his april 12th arrest. as the protesters heated up. the police department canceled time off for its officers. for 24 hours. >> catherine: today's protest was mostly kept under control. earlier

protest falling grades from roll-turned violent. -- gray's funeral >> catherine: today a judge ruled that all six baltimore officers charged in the death will be tried separately. he also denied a request to dismiss the charges and refused to dismiss the prosecutor in the case. >> pam: police in illinois are searching for three suspects in connection with the shooting death of an officer. if boxlike officer was shot and killed after he made it real called to say say he was chasing three suspects-dennis suspicious people. the search for the suspect was 60 mi. north of chicago and was called off this morning in the area where the lieutenant was killed. >> pam: all parties are concerned the suspects may be in another town or state

and investigation will continue as of 40 sort through more evidence. >> pam: a kentucky concord has accidentally a court ruling ordering are to issue a marriage licenses to same- sex couples. the court cam data says she has denied issuing these licenses because that violates religious beliefs and a district judge has scheduled a hearing for thursday and the judge called it is in contempt of court which will lead to fines or jail time.

>> pam: the obesity epidemic is showing no signs of showing or slowly in the u.s. tariff for kids, many blamed the fact they are staring at the screen all the time. either a tv, phone or computer. >> pam: but as cnn and holly furfur explains that may be the key to getting them to get a handle on their weight. >> reporter: weight-loss applications may offer help for the children beveling their wake break the sanchez family says that was the case with their daughter. >> you try everything as a mother to make them healthy, healthy eating, we watched our portions, but she still seems to increase and wait. >> reporter: they found it will los application that

group's food as either red, yellow or green. children are taught to reduce the un held the red like fools over time. >> i switch to smaller plates and i have switched to lighter cheese, and you have to watch your portions a lot. weight-loss applications are like a moderate de fou journal you can take along with you everywhere you go so they are really convenient creek research has shown that by keeping track of your food and what to eat and drink mix to more mindful of it and therefore you are more to lose weight >> diane: the 7 day forecast is coming up next!

>> pam: tonight at 6, j.r.

stone will learn more about molar in his eye caught a break that may explain his behavior. that is coming up at the top of the hour at 6:00 tonight. grant, has breaking news. >> this just in to the kron 4 newsroom. this is video from our helicopter partnership with abc 7 news. >> grant: what we know right now is that a person has been killed. we do not know the circumstances surrounding it. we do not know where the body was found. however, we have seen detective going in and out of state--going and and out of a home in that area. >> pam: could giselle and tom brady marriage and in a

loss bridge the insiders luis is an loss' as those with the fallout from the deflate the gate. (laughter) >> >> reporter: lee and laugh at the expense of himself. it now appears that the display gate stress has impacted his blood career and his six year marriage to giselle current reports are that she is threatening the board's current--divorce >> reports show that she has checked into an attorney to see what happens if they did divorce. >> reporter:

this >> picture did not sit very well with giselle. she does not take groupies' well she thought it was very inappropriate because he is a married man and she is wearing all this rain spirit for him to allow this woman to be photographed with his rulings. this petition on and--this put her on an alert. -- photographed with all of his rings >> diane: even with the calls in place we do have 17 for livermore and fairfield at 20 mi. per hour with the wind speed. >> diane: 64 degrees in the inland valley, 62 east bay

shoreline. and by noontime preconditions and the upper 70's for the inland valleys. nothing is really going on in our forecasts with the weather systems. coming in from the south moving up to our region to give us these low clouds. no rain showers, and no moisture in the area. we will not deal with grain for quite some time for it--rain. >> diane: los 70's and sell leandro and union city. for lme that as well. upper 60s for richmond and berkeley-- and alameda. >> diane: south bay more like the upper 70's. making way for sunshine, midway morning. 7 day forecasts,

you will notice a trend increasing temperatures just a few degrees by each day going by. we still have the wind speeds in place for saturday and sunday with mostly sunny conditions and heading toward 80 degree temperatures. >> catherine: egg prices are skyrocketing. los angeles prosecutors havethe price of eggs has nearly doubled in the past year --the question - is the rising cost of the breakfast food hitting bay area restaurants? >> catherine: kron 4's averi harper went to a local restaurant to see whether the sky-high cost of line. >> reporter:at lefty odull's near union square eggs make up most of their breakfast menu. >> reporter:and the breakfast staple are undeniably a favorite for lefty's manager john fair.

>>"i actually like them basted, but you can have them fried or with ham." (cheers & applause) but the prices of the morning meal must-have are through the roof. >> reporter:up as much as 150 percent restaurants like lefty's are watching those prices closely. (cheers & applause) "it hasn't affected our bottom line yet but the eggs have doubled so we do feel it." >> reporter:according to the usda egg production is sluggish in california because of prop 2 which requires that hens have more space on farms. >> reporter:that, coupled with avian flu in the midwest has driven prices up. >> reporter:at lefty's it's changing how they do business they're shopping around for the cheapest egg prices. (cheers & applause) "we have actually a special >> shopper who goes around for any items that are overpriced." now manager john fair says nothing is changing at lefty's, he says menu prices will stay the same even though eggs are a lot more expensive. >> reporter:in san francisco averi harper kron 4 news. >> catherine: it was a day

of recovery on wall street. >> catherine: u.s. stocks bounced back.but not enough to make up for the losses yesterday. at the closing bell. the dow was up nearly 300 points. >> catherine: the nasdaq and the s-and-p followed suit. . >> catherine: the positive movement on wall street comes on the heels of the latest report that u.s. factories posted modest gains in july. >> catherine: kron 4's mark dannon talked rob black this morning about the positive economic picture. >> companies will have to hire down the road and pay you more. it does create wage inflation threat is ok to be moderate but not too hard and or not too hot--not too high or too low. >> reporter: it will be a

game changer. cbs sports will start streaming live sporting events. >> have been good at this. they are just catching on to the trend of the accord covers and they are trying to stay relevant and stay as head of it. it will strain couple of season games and one in london one and been given for the first time ever print at think is the overall trend. the gas >> prices are cheap. and more people are traveling. i sometimes, things that the holidays aren't like holidays that are created to go out more and spend. tourism does very, very well. with a 2% increase the economy is working.

>> will spend an average of $380. which is lovely. and number of travelers expected to hit the road or fly is one percent higher. >> reporter:kron-4 is helping you and your family get ready for school. visit kron-4 dot com. >> reporter: 4 school special section. kids be successful. >> reporter: next on kron

>> this just in to the kron 4 newsroom. >> pam: have breaking news in oakland offloading right now with a homicide. we are getting and of date for you. >> pam: an inmate died while in custody, who is

questioning-tissue is questioning the change of yvette's. --of events. >> pam: we have a lot more news, still ahead at kron 4 news at 63

(male announcer): this is the bay area news station, kron 4 news starts now. >> pam: >> this just in to the kron 4 newsroom. breaking news. >> pam:a homicide investigation happening right now in oakland. police have several streets blocked off.near the 980 freeway. >> pam:grant lodes is here now with what we've learned so far.grant? >> grant:a man who was taken down by connection with a dublin home invasion case and a vallejo kidnapping case was in court today. >> grant:matthew muller is the man we're talking about. muller is a harvard grad with a law degree who faces numerous charges. today we also special private recording of muller confessing to the vallejo crime.

>> grant: investigators are on stage, to figure how the deceived them and the been bad and how the fighter may or may not have been involved in a number of issues corn on right there. and did officers are trying to piece it together. >> pam: muller is the man we are talking about. he is a harvard grad with a law degree who is facing numerous charges. today, he we also learned that the fbi has a special private recording of him confessing to the vallejo crime. >> pam: kron 4's j.r. stone is live in pleasanton

tonight. he's here to map this all out. >> reporter: here is what we learned about my lawyer who we see here. he told a television news reporter in jail that he had a psychotic breakdown and blamed it on the side effect in part of his part in the vallejo case. >> reporter: were hudsons was dropped off and kidnapped for 48 hours. some people said it was a hoax and then it really did happen was stated by the fbi. >> reporter: this is what they had to say about that and the latest tourist--the latest. >> he is ok. and in jail and

that is not great for anyone. >> reporter: argument was over the cell phone and can be used as a evidence. the judge just heard from three different people in the courtroom today. they will not make a ruling on this for the next two weeks. live in plaza 10 j.r. stone kron 4 news. >> reporter: >> pam:news out of san jose tonight. police have arrested the third suspect wanted for murder. >> pam:that happened in an office building on lundy avenue last month. this is surveillance video of the suspect the police were searching for. >> pam:42-year-old duane aguero ischristopher maxwell wren.shown in the video with his hands up.was killed that night. >> pam:the two others suspected in the murder.died in separate officer-involved shootings. >> pam:all three suspects are from san jose. breaking news out of the south bay.

>> pam:we've learned of an arrest tonight.in a high profilethis surveillance video shows the suspect that police had been searching for. >> pam:42-year-old duane aguero is now in custody. two other suspects accused in that murder died last month in confrontations with police. >> pam:christopher maxwell wren.who's seen in surveillance video with his hands up the night of the avenue office complex. >> pam: from san jose. the motive for the killing is still unclear. >> pam: the investigation continues >> pam: into the mysterious death of --the investigation continues into the mysterious death of an inmate and the santa clara county jail. is saying very little about the case but as kron four's rob fladeboe reports now, a community watch dog organization is demanding answers. >> reporter:south bay

n.a.a.c.p. chapter president jethro moore is talking about the in custody death of an inmate last week and what the sheriff's department says is a criminal investigation involving three deputies. >> reporter:a sheriff's spokesman says the inmate was found unresponsive in his cell at the main jail during a routine welfare check last thursday morning. court documents confirm the in custody death of 31-year- old michael james tyree, who wasto a mental health facility. >> reporter:the sheriff's office has not identified the three involved in the case but anow on paid leave and are being investigated in connection with the case. in san jose rob fladeboe kron 4 news. r >> pam:state attorney general kamala harris released new figures today that she says reveal a clear racial imablance in california's justice system. >>african americans account 17 percent of the arrests and 25 percent of the deaths in custody. of juvenile males. boys. africans americans are booked at a 20 percent higher rate than whites, >> pam:all the dataand much more is available at a new state

debuting today. >> pam:it's called openjustice and has numbers on arrests and deaths in custody, as well as violence direcdted against police officers. >> pam:we have a link to the site on our web site. and search for openjustice, one word. >> pam:new information on that shooting at the west oakland bart station. police say they plan to seek attempted murder charges against the man authorities say shot himself during a struggle with police. >> pam:tonight that suspect remains in critical condition at highland hospital. >> pam:the incident was captured on police body cameras.but that footage has not yet been released. live in oakland where police held a press conference earlier today.charles? >> reporter:the bart police department says it has reviewed numerous video recordings of the incident, including video from cameras that the two officers were wearing on their bodies and cell phone video from people on the they also interviewed several witness. their conclusion is that the suspect in this case, identified as 28 year old corey powell of union city, shot himself in the stomach, one time. let's take a look at some of that cell phone video from last

night. >> reporter: >> reporter:according to bart police, around 8pm last night two officers approached powell who was smoking on the platform at the west oakland bart station.. which isn't allowed.. they spoke to powell for several minutes.. when they tried to write him a citation he became combative and at one point tried to jump off the platform.. onto the side walk below.. the officers grabbed him.. he then started reaching for his waistband. one officers told the other to him. powell then shot apparently shot himself in the stomach and then dropped the gun. a split second later on of the officers did use his taser on powell but at no point did the officers fire or even un holser their firearms. >>their guns were never drawn....our hands were not on that weapon >> reporter:now the suspect in this case was transported to highland hospital, he has undergone multiple surgeries and was reported to be in critical but stable condition. he does have an outstanding related to a felony burglary charge. in this particular case, because powell reached for his weapon after he fell he could be facing attempted murder charges. >> reporter:the two offices are not on adminstrative leave because this is not an officer involved shooting. they never fired a shot. also, bart pd says it is not releasing the body camera video because the investigation into this incident is still ongoing.

>> reporter:in oakland ,charles clifford kron 4 news >> pam:what happened last night sparks memories of what happened in 2009. when a bart police officer shot and the fruitvale station platform. >> pam:in that case, the officer mistakened his tazer for his pistol. and ened up shooting oscar grant. the officer was found guilty of manslaughter. grant's family sued bart for wrongful death. the case was settled in 2011. >> diane: 14 mi. per hour out in hayward, and that inland valleys like livermore. santa rosa and tomas per hour in regards to the wind speed. an increase in clouts and temperatures in the '60s all across the board. sunny conditions and the morning. low 60s, for the eminent >> locations. --for the

inland valleys locations >> diane: 73 degrees for oakland, and east bay shore lines as well. what about the forecast coming up in just a few minutes! >> pam: grant? >> grant: palo alto and caltran officials are working together on that a foot fencing bridge will be in specific areas with a thermal camera that will be installed later. as a part of that program. >> catherine: the chp is

requesting that everyone be careful they are planted out that 2015 is a particularly dangerous year for the bay area wrote separate there have been 120 fatal collision so far. 20 percent higher than the same time last year. >> pam: >> catherine: across california three of them in the bay area drug the labor day holiday lacher 27 people were killed in car crashes. nearly half the people killed were not wearing seat belts. another one in-you'll notice lots of extra officers on the highways this weekend. looking for speeders and impaired drivers. >> pam: the city of san francisco is continuing to come up with new ways to

keep people from using the street as a toilet. they are starting to expand hiring of attendance for public rest rooms. those workers on potted patrol check to make sure the bathrooms are calling after being used. >> pam: they are also giving a courtesy not after five minutes to make sure those using the facility now is time to move on. it's called the pit stop program. there are eight demand outlook is now in the areas where public urination and dedication are a big problem. --dedication >> pam: 2 more are planned for and and the future and more projects meant to clean the streets of feces and urine are also wrapping up creek and october the department of public works is planning into a self cleaning up more than 80

alleys on a regular basis. >> pam: a true story, a chicken crossing the bay bridge made the internet go wild. how the file was finally found.

>> grant: in each case the suspect was armed with a dark color handgun. demanding cash from the victims and then fled, police said. the suspect is believed to be armed and dangerous, according to police. the one minute video released by san jose police shows the suspect approaching a gas station attendant and raising his black cut it is the pope's pressure to show he had a gun on his waistband. >> grant: anyone with information about the suspect is an ax to costa jose police. --is axed to call san jose police. >> grant:

this is video from our helicopter partnership with abc 7 news. >> diane: >> grant: >> grant: a big black spot in the area. , you can see that they quickly got a handle on it. there was a decent amount of fire. responding in the area hoping nothing would pop up in regards to hot spots. in a little fire can quickly turn serious. we will keep you posted on that at any other breaking news as it comes. >> diane: nice temperatures today. right now, still in the low seventies. and the

'60s for the east bay shoreline. >> diane: satellite rater is showing no rain and forecasts. low clouds are in place. we also have cooler temperatures for the next day or so before we started running things up for the weekend. >> diane: moving along across the bridge. more seventeens in san leandro, alameda and union city along with castro valley. >> diane: we are dealing with the upper 80s as some nineties in brett wood and livermore. 78 degrees for tomorrow. martinez should get 74 degrees. >> diane: still, and a lot

of the temperatures will be mid to low 70's with some cloudy skies. >> diane: 7 day forecast current we do have another day in the upper 70's. in more than 10 degrees on sunday. >> diane: cloudy conditions for the morning. and the holiday weekend plant outdoors, go-ahead and do so it would be a really nice one. >> pam: east bay elementary school is marking her first year upstart striving to

make a difference. she is already changing things up. to get students ready for school. >> reporter:

outreach has been conducted" >> reporter: employes look brought several backpacks jammed with a school supplies. she hopes that this is the first of many clobbered efforts with the committee's secret >> reporter: outside the school. a big sign announces her debut at grant elementary creek this seems both of the students and and farnaz are lucky to have fun each other. >> the kids me everything to me. >> pam: while workers at this refuge believe what so many birds are getting sick.

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because at&t and directv are offering yesterday's technology, today. tv from space. [whispered] space as long as it's not too rainy. [whispered] rainy or windy. [whispered] windy or there isn't a branch in the way. [whispered] branchy welcome to the moment no one's been waiting for. the fastest internet and the best tv experience is already here with x1. only from xfinity. >> catherine:some people thought it was kind of cute this morning -- plaza.

>> catherine:others were just afraid the poor little thing would get run over. it happened right in the middle of the morning commute. >> catherine:and it was never absolutely clear whether there was more than one. >> catherine:traffic slowed down and not to get out of their cars to help. this went on between about 6 a-m and 10 --- when the c- h-they had the chicken "in custody." it got a ride in a patrol car to be checked by a vet -- and was then taken to a shelter. >> catherine:people are applying to adopt it. if there 'were' any other chickens -- we fortunately never heard about any casualties. >> pam:a huge influx of weak, starving seabirds have been >> pam:new at six. kron 4's jeff pierce went to the international bird center in fairfield where the birds are being nursed back the health. >> pam: >> reporter:at the international bird rescue center in fairfield yet another group of starving young seabirds have arrived, to join an ever increasing

number received in august. >>typically on any given month, common muhrs we may get ten and we've had a hundred and fifty in a month. that tells us pretty quickly that something is going on in the environment. >> pam: >> reporter:the majority of the birds are juvenile common muhrs, a deep diving seabird that fish the waters from monterey to marin county and those waters are changing >>the primary cause seems to be a warming of the sea water around their fishing areas. >>the birds are looking for fish. the fish may be deeper looking for cold water and the birds can only dive so deep. >> reporter:this is not the first time that the international bird rescue has seen the common muhr population in stress. >>the last time happened where we had a spike was back in it looks like we're on set for an el nino year and the birds are telling us. >>see the little white dot in his eye. it's a little ulcer something knocked him in the eye. we actually had

to take the tip of his toe off because his bone was infected. >>i can see they are coming in with nicks and bumps but most are just starving. >> reporter:as many as sixteen birds a day have been coming into the rescue center which has stretched their ability to care for the birds. >>we need people to help us care for the animals. we need donations to help us feed the animals. >> reporter:whether it is an impending el nino or global warming the center continues to see more birds being sent to their facility. >>these animals need a lot of care. >> reporter:in fairfield jeff pierce >> pam:still ahead at 6-30. how social media is changing the relationship between police and communites across the united states. >> pam:plus, several of the most popular internet- connected baby monitors now being targeted by hackers. >> pam:the frightening new report. and breaking news. >> pam:several streets blocked off right now as authorities oakland. >> pam:the very latest.just

minutes away.

>> grant: this video here courtesy of our partnership with abc pardner 7. --

this is video from our helicopter partnership with abc 7 news. >> grant: another death investigation happening and they point creek a body was found in a shed that burned later this afternoon on a residential property on shore road off lake shore drive. >> grant: initialling of arriving to find propane and under trucks burning brick and pakistan that because it was really going nuts. they did get the fire under control within 30 minutes creek however, they did go inside to find a dead man. >> grant: i am grant lotus kron 4 news. >> reporter: matthew mahler was in court today ruling by the fbi into separate cases. a kidnapping case in vallejo and a home invasion

case in dublin. the attorneys of both argued about a cell phone, should it or should it not be used as evidence. the judge, has not made a ruling here. the j.r. stone crawford new spirit--kron4news >> reporter: the sheriff also has confirmed the three correctional officers are now believed and down in connection with the case. the cause of death has so far not been released for it in san jose, kron 4 news >> reporter: in union city

is not in critical condition after shot after shooting himself in the stomach. the officers were attempting to right hand and a citation for smoking on the plant than when they got into a struggle. he reached for a gun in his waistband and shot himself one time in the stomach. the officers never drew their fire arms accord shot with their firearms. however they were able to use their taser. >> reporter: there are eight public toilets. checking the backgrounds, to mention the facilities are calling for it to give those inside to not have card secret is time to move on--giving those inside a courtesy not to inform them that is now time to move on.

>> reporter: maureen kelly kron 4 news. >> reporter: kids here at grant elementary school received a big bonus today with a brand new backpacks with coal supply spirit of because of and donation. the representative of the company says that they in fact collected so many items, but the head have several vehicles dropped off the donations. at a minuscule/high-school--at a middle school and high school plus the of the mission school. >> pam: >> pam: across the nation tonight. >> pam: six baltimore police officers charged in the death of freddie gray.will stand trial. >> pam: the officers appeared in court today.and pleaded not guilty to

charges ranging from false imprisonment to involuntary manslaughter in connection with the death of gray, who died of a severe neck injury while handcuffed and restrained inside the police vehicle april 12. >> pam: the judge barry, who refused to drop charges against the six, ruled that each person should be tried separately with separate juries return >> pam: tensions over policing are rife in many american neighborhoods. >> pam: this year alone.we've seen protests across the country, including here in the bay area over what some are calling an abuse of power by law enforcement. >> pam: cnn's ed lavendera shows us how social media is playing a huge role. >> reporter:it seems like making sense of life on the streets of america is harder than ever to unravel. >> reporter:the headlines the last few days are dizzying. >> reporter:a manhunt for the killers of illinois. >> reporter:a houston sheriff's deputy a gas station. a san antonio man with his

hands up, gunned down by officers. >> reporter:anti-police chants in minnesota. houston's harris county sheriff, still mourning the loss of one of his deputies, worries the debate is taking a toll. >>"certainly those kinds of extreme rhetoric can lead to unintended consequences." >> reporter:the fury over some of these incidents rages. polarized opinions fueling the anger. even a video doesn't tell the whole story behind a shooting. >> reporter:in san antonio. this video shows bexar county sheriff's domestic disturbance call. they say gilbert flores was armed with a knife and had just injured 2 people inside the house. flores has his hands up. officers shoot. >> reporter:a local t-v station first aired the video. and the sheriff's department says doing so put its officers lives in danger. >> reporter:the department encouraged people to call and complain-- tweeting out the station's phone number >>"it can't be an us against them. it has to be police and communities working together." >> reporter:cedric alexander has spent almost 40 years working in law enforcement. >> reporter:he says no matter how angry some communities might be with police officers. they don't want to live in a lawless neighborhood without cops.

>> reporter: >>"it is a very tough time to be a police officer at this moment. however, these men and women that are out there doing this job, and they're not going to stop doing it." >> >> reporter:since the death of houston sheriff deputy darren goforth friday night. brian mccullar has helped organize a vigil around pump #8. the spot where goforth was killed. he's seen the outpouring of grief. but he says he's also seen something else. >>"it is a great feeling to see what you see here and everywhere you look you see people talking to law enforcement giving them hugs and ah maybe this is the start to something different. maybe." >> reporter:maybe. these days, feeling optimistic isn't easy. >> reporter:ed lavandera, cnn, houston. >> diane: most of the club

activity was thin in the san francisco peninsula. and even across the east bay shoreline. for the most part, things will clear up as you can see by 7:00 a.m.. by noon time, things will move off the coast given a clear sky. >> diane: temperature wise would not get as warm. they're like, flirting with '80s there. the cooler temperatures for the next couple of days and then i want is in place and time for the weekend. >> pam: still ahead.a heads up for parents. >> pam: that baby monitor keeping an eye on your child.may be controlled by hackers.

>> pam: catherine is back with the story.

>> pam: some of the most popular internet-connected baby monitors have a big problem. >> pam: that's according to a new report from a cyber- security firm. >> catherine: catherine

heenan is here to explain.catherine? return to >> pam: >> catherine:every so often we do stories about how hackers are targeting baby monitors. >> catherine:they've used them to scream at toddlers.curse at their parents.and turn the monitors into spy cameras. >> catherine:so you'd think that there would be huge security measures in place. >> catherine:but a boston based company called "rapid 7" says that's often not true. >> catherine:a new report looks at nine baby monitors made by 8 different companies. >> catherine:researchers say there were design flaws in "all" of thein fact 8 of the models got an "f"..and one got a "d." >> catherine:they all had problems leaving the door open to hackers. for details on which baby monitors were tested -- we have a link on our website, kron four dot com. return to

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>> gary: good evening! >> gary:a's taking on the angels at the coliseum this afternoon >> gary:sonny gray on the hill, worst outing since september 2nd of last year >> gary:top 1st / 3-0 angels >> gary:david freese slaps a single to deep right, david murphy scores angels score four runs in the 1st >> gary:bottom 1st / 4-1 angels >> gary:a's battling back in the phegley with a two-run shot to center cuts the lead to one >> gary:but albert pujols and the angels offense took over

>> gary:top 2nd / 4-3 angels >> gary:albert pujols hits a two-run bomb to left-center, puts the angels up 6-3 his 555th career homerun >> gary:final: 9-4 angels pujols becomes 4th player to have ten 35-homer seasons in their first 15 years. >> gary:a's open a series with the mariners the day after tomorrow return to index of >> gary:former owner of the 49ers, edward debartolo jr. is a of the pro football hall of fame as a contributor. >> gary:debartolo was nominated today by the contributors committee. elections will take place next february - the day before the superbowl. >> gary:with debartolo at the helm, the niners won five super bowls and competed in 10 conference title games during the 1980's and 1990's.

>> gary: time heals all. that will be attached to have him put in the heart-- to be put in the hall of fame. >> gary:raider nation couldn't be happier with their promising offense led by derek carr and 4th round pick, amari cooper >> gary:the 2nd year quartberback developed a strong connection this offseason. and fans are getting excited, nicknaming the duo "ac/dc" using their initials to reference to the legendary rock band. >> gary:carr was asked about the new nickname after practice today and had this to say

>> it is pretty catchy creek i think someone thought about this before us. (laughter) >> such an enjoyable all season. (laughter) >> gary: real quick. i have to go to pam. is that true about brady and giselle? >> that >> pam: well, that is the speculation in the hollywood circle right now. >> gary: what are they eager basing this on?--what are they basing this on? >> pam: well, the woman

w/the rings on in the photo. i do not keep up with all of this stuff. (laughter) the jim harbaugh era in ann arbor begins tomorrow when michigan kicks off the college football season. >> reporter: the journey back to a championship starts with three of four games on the run. >> is not who we play is how we play. >> reporter: unrealistic expectations are placed on any quarterback for now on grit but this could be cavan hogan's year after and the

system starts for the season. >> reporter: his former team is priming >> reporter:intro >> reporter:"tough, relentless, power football. that is the identity of stanford. after an underwhelming 2014 season in which the cardinal went 8-5, head coach david shaw is hoping he has the horses this year to return to a pac-12 title." >> reporter:at an educational institution like stanford, it's easy to realize you never stop learning. >> reporter: four seasons, shaw's squad took an offseason course in adversity. and now the journey back to a championship begins with three out of four games on the road. >>"it's the mentality. we talk about the mentality of it. it's not who we play or where we play, it's how we play. so we focus on us. we focus on what it takes to win a football game. doing the right things, preparing to win. playing really hard and playing together. trying to start games fast and finish them hard." >> reporter:following andrew luck means that unrealistic expectations will be placed on any stanford quarterback be kevin hogan's year. after an inconsistent start the last three games with a 6-to-1 touchdown to interception ratio.

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>> pam: real quick on the weather tonight! >> diane: are jumping from seven degrees on friday to 88 on sunday and close to 90 on monday. >> pam: at its is for us tonight we hope to see you tonight in a clock!--8!

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the fastest internet and the best tv experience is already here with x1. only from xfinity. "the insider" from hollywood, your 24/7 celebrity conversation. >> hey! >> i have a beautiful wife that i love so much. always challenges for everybody. >> is the brady bunch breaking up? the new report that tom and gisele are suffering through a real off season. >> he's lashing out at gisele. >> who will get the better half of their $400 million fortune. >> i have decided to run for president. >> then kanye might want the white house, but is he prepared to take on the donald? >> and justin bieber's girl fight with lena dunham. why the show's creator is attacking his new video.

then all hail magic michael. how he's taking all of hollywood's jobs. >> i play the orchestra. >> but will this be the year he takes home on oscar? now hollywood from the inside out, it's "the insider" together with yahoo! hello and welcome to "the insider." >> we begin with the top trending story. could tom brady and gisele's six-year marriage end in a loss? tonight, we go inside the brady bunch on the verge of a breakup? >> it's been such an enjoyable off season. >> federal judge could decide the fate of quarterback tom brady as soon as this morning. >> having a laugh at the expense of himself last night at a patriot's event, it now appears the deflategate stress is