gesture towards the one inside the mercedes. and the person inside the mercedes, a short time later they got into the and the middle of this medium. and pulled out a gun. hitting the honda. >> reporter: no one was hit. they pulled over and that my one. the person inside the mercedes has not been called. officers are still keen for that person at this hour. with massive debt and the area. the chp said it could have been much worse. >> luckily, good that they did not sustain injuries. people get to go home to their families. basically, bad driving choices.

>> reporter: just to recap, officers are saying that this is a road rage as adept at that next if it could have been gang related. they did state that the detectives are looking into that. however, at this point it just appears to be a role rage incident. --road rage incident >> reporter: as we get new details on this case we will bring them to you. live, j.r. stone. >> grant: we said this all our might 3:00 as soon as it happened. make sure you follow the kron 4 application is free for iphone said android devices. >> vicki: we are falling

more breaking news this time overseas. >> this just in to the kron 4 newsroom. a truck plows into a crowded christmas market in berlin. in an apparent attack that police say has left at least nine dead and several others injured. >> vicki:right now, we know the death toll is 9--- but that number could rise. >> grant:police reporting that more than 50 people have been injured. >> grant:the driver off the truck has been arrested--- but no word yet on whether this attack was an act of terror. from our partners at c-n-n. scott mclean has the latest details. >> grant: scott? >> reporter:a packed christmas market in west berlin became a scene of chaos and destruction. some witnesses say this did not look like an accident. >>jan hollitzer/eyewitness: many injured people, and the way where you pass through the small houses. and 50-60 meters later, he came out of the market, left out of the market on the street again." >> reporter:this is where that truck came to rest -- drivers side door open. windshield smashed. berlin police say one suspect has been apprehended.

>> reporter:the attack is being investigated as terrorism, according to a german intelligence official. witness emma rushton said the truck was travelling at roughly 40 miles per hour. and showed no signs of slowing down. >>emma rushton/eyewitness: theres a main road to the side of it but theres no way that it could have come off that as an accident, it went through the middle of the market >> reporter:this is the largest christmas market in west berlin. where people go to browse gift stalls or drink mulled wine. rushston said she was mere feet from where the truck went past. crushing a store where she had just visited. >>emma rushton/eyewitness: when we walked out to the side of it, there were people bleeding, laying on the pavement. i wanted to help but we were also concerned for our safety >> reporter:police have cordoned off the scene and are investigating -- one witness said the truck had a polish license plate. >> reporter:in washington, i'm scott mclean. >> grant:and we will continue to follow this breaking news story. and will bring you updates on air and online as soon as we know more. >> vicki:happening now. contra costa health services is advising people to avoid

the area around the shell refinery in martinez this afternoon due to "excessive flaring and black smoke." >> grant:kron four's charles clifford is following this story for us tonight. he joins us live now from the scene with more. charles? >> reporter: right now i am in martinez on the soft side. --south side >>technical difficulties

>> reporter: the tings have been searching the area ever sense and they sent out there has met team. there were no evacuations in the area. the looks like everything is ok. we have seen be as midteens circling the area. so they are still around looking for any problems. but the good news is the power has restored to the refineries. >> reporter: that is the very latest and contra costa county. charles clifford, kron 4 news. >> vicki: thank you, chuck. >> vicki:a state commission

on judicial performance says santa clara county judge aaron persky --- did not commit misconduct when he sentenced stanford swimmer brock turner six months in jail -- for sexually assaulting an unconscious woman on campus. >> vicki:the sentenced outraged many kron 4's dan kerman joins us now with reaction from the courthouse in palo alto >> vicki: dan? >> reporter: today, the judge cleared any misconduct. and i told page decision, did not find " clear evidence of misconduct from the judge. in connection with the sentencing of brought reporter. --brock turner >> reporter: after being convicted of sexually assaulting an of conscious woman and campus-test on campus, january 15th. many people felt like it was a slap on the wrist as sparked complaints.

>> we strongly disagree on judicial bias and we believe that the judge has demonstrated a clear pattern of bias. with regard to sex with men against women and it specifically to women with collegiate athletes. we are confident that when the voters in 2017 will select another candidate to fill the seat. --when the voters vote >> they honestly do not know what that they are talking about and ignorant on their part. they have an agenda and it will go for it on their agenda and no matter

what. >> reporter: back live here at the courthouse and paulo alto. we should add that the judge is no longer holding criminal cases here at the courthouse however, he is holding civil course cases. >> grant:today a man accused of drowning his daughter in a church's baptismal faountain.was found mentally incompetent to stand trial. 42-year-old gerardo ordaz of healdsburg is charged with the murder of his four year old daughter. last month, ordaz was found naked and yelling for help in a parking lot. behind the healdsburg police department with his daughter in his arms. >> grant:she was unresponsive. his 9 year old son was also with him. ordaz will return to court on january 11th to determine where he will be placed until he is competent to against him. >> grant: we will continue to keep you posted on this

story out of the north bank. --north bay >> vicki:in the south bay. >> vicki:an 18-year old is dead. following a shooting late sunday night in san jose. it happened on winchester boulevard near the san jose- campbell border. the killing brought the city's homicide rate to its highest level in 25 years. >> vicki:kron four's rob fladeboe is live at police headquarters with more on the story. rob???

>> i met 24. we were just like little kids. -- i met him berfore >> it could be from any think it happens. not just here but everywhere-- could be from anything i >> reporter: homicide investigators were still here late monday morning questioning the neighbors about the 46, side of the year compared at 34th 2015. >> even if we had this

happen and will it would not been possible to prevent necessarily because we cannot be everywhere. >> reporter: at least nine of these homicides are at least, gang-related and to our domestic violence. the others could be a combination of past--crimes of passion or like to say gang-related. >> technica; difficulties >>--technical

>> reporter:but "president- elect" donald trump is not technically the winner until

the electoral college has its say. >> reporter:the results from the electoral vote- next. >>linda edwards \ protestor from sunnyvale -- "vote your conscience please electors. especially the gop electors. we really need them to vote their conscience do the right thing for the united states. >>for hillary clinton of new york, a democract, ayes 55, noes zero >> grant:california electors cast all of the state's 55 votes for hillary clinton her supporters had hoped to convince trump electors in other states to change their votes. >> grant:didn't happen. >> grant:the vote in sacramento came hours after texas put an end to all those last=ditch hopes. >> grant:in many states the votes came amid protests >>nat protest this is what democracy looks like >> grant:from georgia >>stop trump >> grant:to pennsylvania. >>no trump

>> grant:from arizona, to michigan. anti=trump demonstrators called on state electors to defy the will of the voters in their states. one ohio elector resigned minutes before his state's vote, protesting what he called extreme political bullying >> grant:in michigan, death threats accounts of elector michael banerian. >>"so this one came in a day before the election. hey 'blank' head, i'll find you and put a bullet in your fat 'blanking' mouth." >> grant:banerian also received a tweet with a noose on it. "it's upper hypocrisy because i don't think if the these people would be okay with electors being faithless and voting for anyone other than hillary clinton had she won." >> grant:the biggest defection has been among four delegates in washington state. three of them named general colin powell instead. >> grant:one of them voted for faith spotted eagle, a native american leader of the dakota pipeline protest. in tennessee a trump elector said she'd been harassed and offered bribes. and is glad that the whose thing is over.

>>people need to realize this is the united states of america, and this is our president-elect. >> grant:so does that make it official? not quite. >> grant:the electoral college results still have to be certified by congress. that happens on january sixth.two weeks before donald trump takes the oath of office. >> vicki:the driver of a box truck that overturned on interstate 680 in danville early this morning has died.that's according to the c-h-p. it happened just before 3:30 near west el pintado road. officials say the 26 year old box truck driver hit an abandoned minivan on the side of the road and overturned. >> vicki:the truck then hit a large metal pole. the driver was trapped inside the truck when emergency crews got there. he was taken to the hospital where he died. >> vicki:it doesn't appear that drugs or alcohol were a factor. the cause of the collision is under investigation >> grant:crews continue to

pour cement into a giant sinkhole that appeared in pacifica. on esplanade avenue. more than a week ago. the 30 foot deep hole emerged after the land gave way.a drainage pipe snapped in the process. the sinkhole has made the nearby bluff unstable and a popular beach access road is closed until it's fixed. >> grant:that sinkhole is next to an apartment building that's compromised because of erosion issues. the city wants to demolish it in the next month or two. >> grant:meanwhile, tonight pacifica's planning commission is scheduled to vote on whether to issue demolition permits for two cliffside homes just a few blocks away. kron4's maureen kelly has that part of the story. >> reporter:these are the last two remaining homes on the west side of the 500 block of esplanade ave. as you can see in this archive aerial photo.there use to be more.but then thanks for erosion escalated by a late 90's el nino storm. most of neighboring homes have been torn down. one of them actually fell into the sea. >> reporter:and now it looks like these two are next to go. the cliff finally eroded away under those homes to a dangerous degree eariler this year.they were both yellow tagged and are now vacant. >> reporter:it's been recommended that the planning commission issue two coastal development permits at monday night's meeting. >>leaving them there is an attractive nuisance and it's unsafe

>>they've become blighted and if they fall into the ocean there would be environmental and other hazard concerns so they really shouldn't stay there any longer. >> reporter:one property owner is walking away from the process of donating the land to the city. >> reporter:the owner of of this yellow home is still keeping hope alive that they can save at least the home. >> reporter:back in april they got the house jacked up.and moved it forward.you can see it happening here in this video i've sped up. >> reporter:they've been trying to find someone to sell them a vacant lot to move their home to.but so far that hasn't happened. >> reporter:the owners of this property are also hoping to see if they will get a grant from fema that would pay for most of the demolition and buy the land.so the owners won't be on the hook to pay a mortage for a property that they can't live on because it's disingrating. >> reporter: >> reporter:once the permits are approved it's expected that these homes will be gone one way or another within one year.unless the bluffs erode further, requiring the city to take emergency action to tear them down. >> reporter:maureen kelly kron4 news.

>> vicki: taking you out to the san mateo bridge right now where you see the headlights and taillights. >> brittney: really pretty. with a beautiful sunset. >> brittney: tonight, we will see cold conditions. not quite as cold as what we saw last night but there are still a few spot that would get before--below freezing for us. no rainfall. and if you clods. we are tracking vote whether of rainfall from thursday and two friday. >> brittney: 51 and vallejo, 53 degrees and concord, 51 in san jose and we are actually a bit warmer from this time yesterday. we are up 4

degrees. but to decrease in napa. -- up 2 degrees in napa >> brittney: we do not have a frost advisory or a freeze warning but it will still be cold. >> technical difficulties.

>> grant: look at that. earlier of all five lanes of 880 shutdown because of the shooting. happy anniversary dinner, darlin'

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>> vicki:one woman has died and 5 others were injured after a large eucalyptus tree fell onto a wedding party taking pictures. daily mail is reporting that the woman who died is the mother of the bride. one of the injured is a 4- year-old girl listed in critical condition due to head trauma. >> vicki:reporters spoke with a woman who watched the tree fall and stepped in to help. several people were trapped after the tree fell on saturday in whittier in l-a county. officials say four of the injured suffered scrapes and

bruises. >> vicki:investigators have brought in arborists to try and figure out why the tree fell. officials say it's possible the eucalyptus tree was affected by the drought in california -- but they don't know for sure. >> grant:firefighters in the east bay are stepping in to help a family who recently lost their home in a fire. the fire happened just after 2:00 yesterday afternoon on mason street in pleasanton. these are pictures from the scene. officials say the fire was caused by an electrical shortage in a garage wall. >> grant:the entire home and everything inside was damaged. a family of five lives their three children were destroyed. firefighters with the livermore-pleasanton fire department say they will provide replacement gifts to the three children through their toys-for-tots program.

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>> grant: we are falling breaking news at this hour and that east bay where c h p officers are investigating and rolled away shooting. no one was injured but they had to close all eastbound lanes of 580 while they investigate. for >> vicki: all lanes were reopened are around 4:00 but it was backed up for miles. we will be having an update as the chp and explains what happened. at the top of the con 4 news at 6:00. grant? >> grant: all the debt will

take me out of here. and one that has a role in this oppression will die one by one. turkish authorities took down the shooter. an off duty police officer assassinated russia's ambassador to turkey at an art exhibition today. the gun-man shouted "don't forget aleppo" after the shooting. >> grant:the man then yelled: "stand back! stand back! only death will take me out of here. anyone who has a role in this oppression will die one by one." >> grant:turkish authorities then took down the shooter. russian ambassador "andrei karlov" was several minutes into a speech at the event when he was shot. the attack comes a day before a meeting of russian, turkish and iranian foreign and defense ministers in moscow to discuss the ongoing bloodshed in the syrian city of aleppo. >> grant:russia and iran have backed the syrian president while turkey has supported syria's enemies. >> vicki:the u-s military is

still trying to get back a drone that was captured by a chinese warship. pentagon officials say they are working with the chinese navy to figure out the logistical details of the exchange. >> vicki:officials say the drone was stolen illegally and the u.s. is working to get it returned as quickly as possible. the device was being operated by civilian contractors. it's mission was to collect unclassified scientific data in international water. >> brittney: >> grant:vacationing in hawaii didn't stop president obama from shortening the prison sentences of over 150 convicts today. the white house says the commander in chief pardoned 78 peopleand shortened the sentence of 153 others convicted of federal crimes. >> grant:it's the most number of individual clemencies in a single day by any president.the 44th president. has now pardoned a total of 148 people and has shortened the sentences of over a thousand people. >> grant:including nearly 400 serving life sentences. mister obama say's he firmly believes that america.is a nation of second chances. >> grant:north carolina governor-elect roy cooper believes the state's controversial "bathroom

bill" will be repealed. the law requires transgender citizens to use the bathroom them at birth. >> grant:it was passed earlier this profile business, sports and and entertainment boycotts of the state. today.the charlotte city council voted to repeal house bill 2. >> grant:cooper has voiced opposition to the law and says he's optimistic that it will be repealed during a special session on tommorrow. outgoing north carolina governor pat mccrory was defeated last month and blames his loss on disputes over the "bathroom bill." >> vicki: taking a look outside with a beautiful shot of san francisco. and may be tempted to light the fireplace butdon't do it! >> grant: >> brittney: do not do it.

there is a spare the air alert. we will go over that in more detail. tonight, will be cold but not as cold as yesterday. temperatures are right now in san francisco expected to get down to the very low for the spirit and the same thing for santa rosa, back into the '30's. >> brittney: it is illegal one we have a winter spare the air alert to a firm bid -- burn wood >> brittney: it is an asset for tonight so please, no lighting the fireplace into wednesday. >> brittney: will continue to see clear visibility at more sunshine for tomorrow.

high on around the region will recover back to average. 57 and concord, 56 and san francisco and 58 in mountain view. i am tracking a gradual warming trend and a few chances of rain showers. i will go over that coming up! >> grant:still ahead. >> grant:it's the busiest mailing day of the year. as holiday shipping deadlines loom. >> grant:coming up, hear from the u-s postal service on whether your holiday gifts will make it to their destinations in time. >> vicki:and. a major push for the federal government to take a closer look at e-cigarettes. hear why a u-s senator is asking for a recall. >> grant:on wallstreet. stocks have ended higher following a light trading day. >> grant:the dow gained 40- points. the nasdaq. rose 20. and the s&p added 4 points.

west contra costa unified school district holds our environmental and sustainability goals as one of our top priorities. i definitely rely on pg&e to be an energy advisor. anything from rebates, to how can we be more efficient? pg&e has a number of programs, to help schools save on energy. when i see a program that fits them, then i bring it to them. with the help of pg&e we've been able to save a tremendous amount of energy and a tremendous amount of money. we're able to take those savings and invest it right back into the classroom. together, we're building a better california.

>> vicki:more pregnant women usinga new study shows that more women are smoking pot during pregnancy. the study was published today by the journal of the american medical association. and it says at least four percent of women have recently used the drug. >> vicki:that number went up almost three percent back in 20-02.officials say women smoke marijuana to help with morning sickness. researchers are concerned that problems like low birth weights will rise due to more women using the drug. new york senator charles schumer is calling for the federal government to take a closer look into the

dangers of e-cigarettes. >> grant:according to the senator-- the f-d-a identified about 66 explosions in 20-15 and early 20-16. but the numbers kept by the f-d-a may be an undercount. >> grant:schumer says more needs to be done to prevent the devices from catching fire or exploding. >>: "today i am calling on two groups.if they are much more likely to explode than others." >> grant:schumer wants the federal government to review whether there is a pattern related to e-cigarettes and batteries and these explosions. >> grant:the senator says that serious action would have any other product. according to the industry-- e-cigarettes are safe when used properly. the f- d-a says it is

reviewing e-cigarettes. >> vicki:still ahead. self-driving vans could soon being hitting the roads. we'll tell you when google plans to launch its newest self-driving vehicles. >> brittney: another cold night is in store for us and i am tracking what we should be in store for the rest of the work week coming up!

>> vicki:tech company google is revealing their new self- driving mini-van today. these images showcase the new vehicle which is now called "waymo." >> vicki:the new program is using chrysler pacifica vans, and all of them are equiped with sensors on the corners of the roof. early prototypes have already been tested, even in extreme weather conditions up to two-hundred hours. a total of 58 self-driving vehicle's are being tested currently. >> vicki:and waymo's current c-e-o says the vans will hit the public roads in 20-17. >> grant:some college students in florida are helping disabled children this holiday season. they are converting drivable toy-cars from store

shelves into custom-made cars that they can drive. >> vicki:engineering and physical therapy students at the university of north florida in jacksonville are participating in the adaptive toy program. they have just received a five-year grant from the national institutes of health. >> vicki:the students are converting the toy cars with a large push button instead of a steering wheel. and light sensors mounted underneath the car will allow it to steer itself. doctors say the toy will give the children new mobility and help them become more independent. >> vicki: really cool. >> grant: san francisco is showing off on a monday night. it is " out there and neurologist,-- it is cold out there. >> brittney: it is going to be cold tonight. but not as cold as last night. heading

into tomorrows sunny and warm. with a chance of rain showers as we go into friday. temperature is 49 degrees and that bob, 53 in hayward, 52 and half moon bay at 49 in santa rosa. >> brittney: you can see we have more of an off shore flow. what this system off the coast. going into the end of the work week we will see another system pushing off shore. which will give us the chance for a next couple of days to seek a warming trend that will return to the region. >> brittney: once we get into friday, that is what our chance of rain showers will return. >> brittney: are expecting a

decent chance of rain showers. and of the moisture will head towards the sierra so we are tracking a weekend full of snow if you hit to the sierra. -- head to the sierra >> brittney: of sunshine and asks suspected. but it would change as we go into the christmas holiday weekend-- lot of sunshine is expected. but it will change once you go into the christmas holiday. >> brittney: it will be a cold night air livermore with highs of around the region and the '50s with some spots as 60 degrees with hayward and san jose, the heights tomorrow. -- the high tomorrow >> brittney: on wednesday at

244 in the morning winter will officially began. guys >> vicki: thank you, britt! >> vicki:actress zsa zsa gabor dies at age 99. we'll take a closer look back at her life and legacy, next.

>> vicki:that wraps up kron 4 news at 5. >> vicki:grant and pam moore are here with kron 4 news at six. >> gabe: >> pam: thank you vicki! >> pam:the search continues this morning for a gunman after two people were shot and killed in san francisco's mission district. is next!

(male announcer): this is the bay area news station, kron 4 news starts now. >> pam:we have learned a shooting that backed up traffic during the commute. is a case of road rage. return to >> pam:good evening. i'm pam moore. >> grant:and i'm grant lodes. steve is off tonight. >> grant:we have been following this shooting this

afternoon. it happened right near lakeshore boulevard in it shutdown 580 in the eastbound direction for about an hour. >> grant:kron 4's j-r stone is there. he spoke to the c- h-p and has an update and joins us now live. >> grant:j-r? >> reporter:one witness near the grand avenue in oakland said she heard 4 gunshots. fortunately no one was hit but the shooter is still on the loose this evening. this shooting happened around 1 p.m. and caused all sorts of backups on interstate 580. chp believes this was a road rage case. they say the driver of a honda was tailgating a car and in the process made a gesture to the driver of later that driver went in the center median and opened fire on the two people in the honda. officers say no

one was hit but the bullets did hit the car. they say this case could have been much worse. >> reporter:i asked officers if this was me they're looking into that just a case of road rage. they are looking for this black sedan mercedes that does not have tags on it. rather a license plate on the dashboard. they are urging any witnesses to call them with information. live in oakland, j.r. stone kron news. >> grant:you may remember about three wounded in a shooting in the same area near 580. it happened in the eastbound direction near the fruitvale exit. police say the victims were have been made in that incident. >> grant:like today. the freeway was shutdown for hours so police could investigate. return to >> grant:we first alerted

kron 4 incident on 580 through the kron 4 mobile app. the push alert went out at 3-05 this afternoon. you can become the first to know about breaking news just by downloading the kron 4 mobile app. it is available for free for apple and android devices. >> pam:moving to the east bay. where police are investigating a shootout in antioch. it happened near the intersection of cavallo road and east 18th street. return >> reporter:the gun battle sent two people to the hospital. the neighborhood was the location of a bullet riddled crime scene for most of the day. kron4's haaziq madyun spoke to one man who talks about what happened after the shots were fire return to >> reporter:a loud confrontation between two groups of people suddenly turns into gunfire >> reporter:suddenly turns into gunfire...

>>"the one guy who said i was hit, he was yelling going down this way" >> reporter:it happened monday at around 11:20am on callavo road near east 18th street in antioch andy stadlbauer was working in the area when he heard the gun shots >>"and then we just ducked here and then we just closed down the shop" >> reporter:antioch police investigators confirm two victims were and taken to local hospitals, both undergoing surgeries for their injuries. police searched persons of interest for questioning. stadlebauer says he's new to antioch but not surpised by this level of gun violence >>"i've only worked here maybe 2 or 3 weeks but i've heard things already, so that's not too out of the normal for this area" >> reporter:there is no word from investigators about a possible motive for the shooting. police are not releasing the names of the vitims at this time.in antioch haaziq madyun, kron4news >> grant:the legal fight

over the deadly warehouse fire in oakland is starting to take shape with some finger pointing today. lawyers for the man who managed the ghost ship. as it was known. put out a statement today. >> grant:they say derick ion almena didn't commit a crime. attorneys instead blamed various government agencies for the fire that killed 36 people. >> grant:it went on to say the a-t-f wrapped up its investigation without determining a cause and almena should not be made the scapegoat. the alameda county district attorney's office is still doing a criminal investigation and has not decided whether anyone should face charges. return >> brittney: tendered his would drop to 41 and san francisco and 494 san mateo. 33 degrees for san jose. >> brittney: i will have more details and my fourth

four turns coming up shortly-- coming up in my full forecast >> pam: two people are dead after a shooting in san francisco's mission district last night according to police. >> pam: the shooting was reported just before 9pm at 16th street and south van ness. we're learning the victims were living in a homeless encampment near where the shooting happened. >> pam: a woman was pronounced dead when officers arrived, and a man was pronounced dead after being taken to a hospital. both victims appeared to be in their 20s or 30s. >> pam: please do not have any suspects. --police

>> grant:another homicide in the city of san jose. it brings to 46 the number of killings so far this year, the most there since 19-91. kron four's rob fladeboe has more on that. and what police are saying about the most recent homicide last night. >> reporter:as friends gathered to remember the man shot and killed late sunday night here outside a gas station near the corner of winchester and cadillac avenue, san jose police confirmed they suspect the killing is the result of gang violence >> reporter:francisco, a close friend of the victim agrees with police but says it's not clear what led to the violence. police were called to scene just before midnight sunday where witnesses said the victim was standing in the parking lot of the gas station when he was shot. he was rushed to the hospital where he died. homicide investigators were still here late monday morning, questioning neighbors about the city's 46th homicide of the year, compared with 30 for all of 2015. >> i do not have an answer for you. even if we had

ample stamping--staffing it would be hard to prevent this homicide for a crime because it cannot be everywhere at once. --it will be hard to prevent this homicide from occurring because we cannot be everywhere at once. >> reporter:one neighbor, who spoke off camera, said the area near the san jose/cambpell border north of winchester boulevard has seen an increase in gang activity lately and is worried there will be more violence. francisco says his friend was in the wrong place at the wrong time. >> grant: the city of pacifica continues to struggle with the fight with mother nature. and it's the city that is losing ground.literally. here's drone video showing the latest battleground, more than a week ago. tonight kron4's maureen kelly talked to pacifica's planning director about what they are doing long term

erosion. >> reporter:crews continue to pour cement into a giant sinkhole that appeared on esplanade avenue more than a week ago. >> reporter:the 30 foot deep hole happened after the land gave way and snapped a drainage pipe. that's made the nearby bluff unstable and a popular beach access road is closed until it's fixed. >> reporter:that sinkhole is next to an apartment building that the city wants to demolish in the next month or two, also because of erosion problems. >> reporter:that building has already been yellow tagged and is vacant. two other similar buildings next door were torn down for the same reason. >> reporter:now the pacifica's planning commission is expected to approve demolition permits two cliffside homes just a few blocks away. they are the last two remaining homes on the west side of the 500 block of esplanade ave. >> reporter:as you can see in this archive google earth photo.there use to be more.but then thanks a late 90's el nino storm. most of neighboring homes have been torn down. one of them actually fell into the sea.

>> reporter:once those homes are gone the city plans on creating a public coastal trail on the west side of the 400 and 500 blocks of esplanade avenue.letting this part of the neighborhood go back to nature. >> reporter:but the city is also stepping back and taking a longer term look at the land west of highway 1.they've recently gotten a nearly 200-thousand dollar grant to commission a study. >>it's going to look at pacifica's coast line and vunerabiliyt to sea rise based on different scenerios and ultimately what will will arise will be policies to adapt. >> reporter:the study, which is expected to be complete in 2018, will then be used to guide the city as how to best to spend public resources in it's future battles against erosion. >> reporter:maureen kelly kron4 news >> pam: a big story we are following tonight. a truck crashing into a christmas market in germany. killing at least twelve people and wounding dozens of others.

>> pam: german officials have stopped short of saying whether it was intentional or an attack of terrorism. the driver is under arrest and investigators are looking into whether there is a tie to poland. >> pam: the truck has polish license plates. >> pam: the christmas market is a big event in berlin and draws lots of visitors. witnesses describe a chaotic scene and say the driver showed no signs of slowing down. emma rushton/eyewitness: theres a main road to the side of it but theres no way that it could have come off that as an accident, it went through the middle of the market >>emma rushton/eyewitness: when we walked out to the side of it, there were people bleeding, laying on the pavement. i wanted to help but we were also concerned for our safety >> reporter:it is estimated the truck when it slammed into the market. the truck's owner has said it is possible the vehicle might have been hijacked. >> grant:just ahead. a stunning high level political assassination rocks turkey and russia. we'll tell you who was behind the attack and why he did it.

>> gabe: >> pam:it is one of the largest now, the academy of art settles a lawsuit with the city for millions of dollars. >> grant:plus, a ruling on the future of the judge at the center of the stanford rape sentencing controversy.

>> grant:a setback today for those who want to throw

judge aaron persky out of office. >> pam:he's the santa clara county judge who sentenced a stanford swimmer to 3 months in jail for sexually assaulting a woman on campus. >> pam:kron 4's dan kerman is live the ruling from a state commission on judicial performance. >> pam:dan? >> reporter:judge perksy has been cleared of any conduct-

bad conduct >> the traditional disciplines it is extremely rare and we believe this is a question for the voters. >> reporter: disagreeing says she will push for a recall of the judge. >> this judge has a longstanding pattern for not taking women with sexual assault seriously. >> they honestly do not know what they are talking about >> reporter: the judge is no more covering criminal cases at the courthouse he is only doing simple. >> reporter:civil court cases

>> pam: thanks, dan. >> pam:a major 60- million dollar settlement involving the academy of art university in san francisco. the city filed suit against the university earlier this year, claiming officials with the academy, along with it's real estate affiliates, failed to follow the law by reportedly ignoring city land use rules. >> pam: says, its investigation revealed, the acamedy has 40 private university city- wide, and 33 of them face zoning violations. the city attorney also says, among the major issues involved. was converting an affordable residential unit into student housing. >> pam:the 60-million dollar settlement will include providing at least 160 affordable housing units for san franciscans. and cash to help low income tenants. >> pam:sot/tc: dennis herrera/sf city attorney now they will be a part of the process to help with affordable housing.

>> pam:the city attorney says, the housing is going to happen in about 18 - months. 20- settlement. will go towards were evictions in this tough rental market. >> grant:today a man accused of drowning his daughter in a fountain.was found mentally incompetent to stand trial. 42-year-old gerardo ordaz of healdsburg is charged with the murder of his four year old daughter. >> grant:last month, ordaz was found naked and yelling for help in a parking lot. behind the healdsburg police department with his daughter in his arms. she was unresponsive. >> grant:his 9 year old son was also with him. ordaz will return to court on january 11th to determine until he is competent to understand the charges against him.

>> grant:on the peninsula. police need help finding some burglars. san bruno police released this picture. >> grant:they say last wednesday. three suspects busted down a door to get into a home on crystal springs road. you can see them here. all three are wearing hooded sweatshirts. it's not clear what exactly they stole from the house. >> pam:police are investigating what caused a deadly box truck collision on interstate 680 in danville this morning officer don't beleive drugs or alcohol played a factor in the accident. it happened just before 3:30 near west el pintado road. >> pam:authorities say a 26 year old box truck driver hit an abandoned minivan on the side of the road and overturned. the truck then hit a large

metal pole. >> pam:the driver was trapped emergency crews got there. >> pam:he was taken to the hospital where he died. >> pam: this is it. crunch time to get packages out so they can arrive on time for christmas. >> pam: kron four got a look inside the richmond distribution center today. and what a scene it is. a representative tells us that they are handling mail from all over the county. about 325 thousand pieces a day. as you can see, mail is gong to places like san ramon, san leandro, and san jose. workers are going around the clock to help make sure everything gets to it's destination. >>sot/tc: george banks, usps spokesperson although this week is all hectic , the absolute busiest day is wednesday. in total the usps anticipates handling about 612 million packges this week alone.

>> grant: meteorologist, butbrittney shipp is here w ith the weather! >> brittney: we are under a winter spirit the air alert id is illegal to set fires or turn on your fireplace. because of the winter spare the air alert. it is still cold for us with a slightly warmer temperatures tomorrow

and more sunshine for the and of your work week. with a chance of falling showers going into friday. >> brittney: satellite reader showing us that there is quiet conditions with lakeshores possibly to the north of us carry it will continue to see dry conditions with a quiet weather patterns for the next three days or so. >> brittney: we could even see what commute. as things start to clear up. will continue to push to the east of us headed towards the lake tahoe area. we have a weak system from tuesday and wednesday. but is that within that system that

will bring those rainshowers on friday as snow on saturday and sunday. >> brittney: this is one thing that we are watching for you. and a lot of people are headed to the high country and we want you to stay safe because, you will see slippery roads. >> brittney: a lot of things would change as we get into the weekend. but tonight, we dropped down to 41 and san francisco and 31 and santa rosa with twenties deliver more. -- in livermore >> pam: thanks, brittney! >> pam:coming up at six. thousands of people affected by a data breach. training site is hacked. details ahead. >> grant:excessive flaring from an east bay refinery. leads to a health alert for the neighboring community- we have the latest. return

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>> pam:a horrific scene today. russia's ambassador to while giving a speech in ankara. >> pam:the shooter is idenitified as a policeman. >> pam:the entire incident was caught on video. some of it too graphic to show on television. >> pam:the gunman is heard shouting "do not forget aleppo. do not forget syria." >> pam:police quickly swarmed the scene. and shot and killed the suspect. >> pam:the ambassador is identied as andrev karlov. >> pam:he had been russia's 2013. >> pam:a meeting about syria is planned for tomorrow in

moscow. involving russia, turkey and iran. it is supposed to go on as scheduled. >> grant:a big data breach to tell you about tonight. linked- in's popular "lynda dot com" got hacked over the weekend. >> grant:the website says it has reset the passwords of 55-thousand customer accountsthe company is notifying at this time says it does not appear the hackers got information. >> grant:about 9-and-half- million people use the site. which helps teach users a variety technical skills.

>> reporter:you may have thought you were voting for donald trump or hillary clinton last month. x >> reporter:but actually you were voting for "an elector". a person who places the official vote that chooses our president. >> reporter:and those electors are voting today. >> reporter:dianne gallagher, with our partners at c-n-n. explains why this process, which happens every four years, seemed a little more complicated in 20-16. return more than 40 days have

passed since americans hit the polls. but "president-elect" donald trump is not technically the winner until the electoral college has its say. >> reporter:which is happening today. all 538 electors, meeting state by state, to make it official. >> reporter:still. for a system that's been around since the birth college rarely garners the kind of attention it's received in 2016. >> reporter:with parodies. >> reporter:protests. >> reporter:and people- many unhappy that hillary clinton won the election-- pleading for electors to "go rogue". >>michael banerian/ michigan elector: "i don't think if the roles were reversed most of these people would be ok faithless and voting for anyone other than hillary clinton if she had won." >> reporter:their strategy? if 37 so- don't vote for the trump, the u-s house would have to pick the next president. >>christopher suprun/ texas elector: "this is unfortunately the first time we've had to use it as a nation. but it's time to pull the brake." >> reporter:always a highly unlikely scenario. it fell short, as expected. >> reporter:but throughout the process, electors-who voted both ways- reported receiving threats. >>".you better get your straight.we coming after you.' >>michael banerian/ michigan elector: "i'll find you and put a bullet in your fat 'blanking' mouth.'"

>>'blanking' mouth." >> reporter:donald trump easily passed the threshold monday afternoon. the electoral votes still have to be counted by congress. vice president joe biden does that on january sixth. >> reporter:in washington, dianne gallagher. return to index >> pam:in the wake of donald trump's election >> pam:los angeles is setting up a ten million dollar fundto provide legal services to imiigrants facing deportation. southern california government officials say about half the money will about half from private foundations. >> pam:it's still not clear how the funds will be allocated. >> pam:the move comes as major cities in democratic strongholds across the u.s are beefing up legal services for immigrants. to combat trump's promises to boost deportations. return >> pam:the population for the state of california has risen to about 40-million people. >> grant:the state

department of finance said today nearly three-hundred- thousand people moved to the state within a year. state officials also say the birth rate has declined, and rising. >> grant:the cause for the increase in the death rate is due to the baby boomer generation aging. >> grant:north carolina's governor pat mccrory will call for a special session to repeal the law known as h-b-2. the law requires all people to use restrooms in public the sex on their birth certificate. opposers to this controversial law say it excludes sexual orientation and gender identity. >> grant:the state has seen a lost of business opportunities due to rejection from other prominent people. the session is scheduled to take place this wednesday and republican legislatures support thr repeal.

>> brittney: still sealed and snow showers for like tall, early wednesday morning.--you will see early snow showers for lake tahoe early wednesday and tuesday night. >> pam:coming up. if you had to sum up 2016 in a word. what in particular comes to mind. that's after the break.

>> pam:as we enter the final days of 2016 and get ready to usher in 2017. there are a lot of ways to sum up what has been a wild year. >> pam: >> grant:what one word comes to mind in describing 2016? >> pam: (laughter) >> grant:bizarre? weird? wild? the folks at merriam- webster's came up with one today. >> grant:their word of the year is "surreal." >> grant:if you look in the dictionary the definition is "very strange or unusual. having the quality of a dream." >> grant:dictionary editors say, it was frequently looked up during various terror attacks but the

largest number of lookups came after the presidential election. >> pam:in sports. raiders coach jack del rio talks about his team's first playoff berth since 2002. >> grant:. and stanford star runing back christian mccaffrey's is skipping the team's bowl game. mark carpenter has that story. and all the sports. coming up return to

>> sports with mark carpenter! >> reporter:leading up to yesterday's home game, the chargers practiced with crowd noise. in anticipation of a pro- raiders contingent overtaking their own stadium. >> reporter:and that's exactly what happened as san diego, basically, turned into south oakland. and the silver and black rewarded raider nation's loyalty with a performance that clinched a trip to the playoffs for the first time since 2002.

>> reporter:but, it wasn't easy getting past the chargers. >> reporter:the raiders offense. >> reporter:turned the ball over twice in the red zone in the first half and trailed by 3 heading into the 4th-quarter. >> reporter:that set up another comeback win. >> reporter:their 7th of the season. >> reporter:derek carr led consecutive scoring dirves in a span of 7-minutes. and the raider d.came through forcing a fumble and interception to seal the victory. >> reporter:let's hear from jack del rio. return to index of >> i am excited for the fans. we talked about winning the division and the and the playoffs. so, the being and a playoff is there. so we still have to work that the in the division. -- we have to work at being in the division.

>> reporter:and let's take a look at the playoff standings. raiders, are the 2nd-overall seed just behind the patriots. >> reporter:and are at the top of the win and kansas city's loss against the titans. >> reporter:the raiders can clinch the division this weekend, *if they beat the colts. >> reporter:and the chiefs lose against denver on sunday. return to >> reporter:meanwhile, the 49ers. >> reporter:continue to take the franchise to places never gone before and extended their losing streak to 13-games. >> reporter:it was a matchup of the league's worst defense and the best offense. and the falcons didn't need very much time to make a statement. >> reporter:atlanta.dropped 21-points in the first quarter alone, as san francisco ran just 8-plays in the first 15-minutes. >> reporter:the niners run defense, practically non- existent, as devonta freeman sliced em up for 3- touchdowns and 140-yards. in total, falcons had 550- yards of offense.compared to 270 for the niners.

>> technical difficulties >> reporter:stanford running back mccaffrey.announced today that he's making a decision for his future and will *not play in the team's upcoming bowl game. >> reporter:mccaffrey tweeted this morning that he'll be sitting out the sun bowl, >> reporter:so he can begin to prep for the nfl draft.

this may be part of a growing trend. >> reporter:as he's not the only high-profile player to forego a bowl game. >> reporter:lsu running back leonard first-round pick.has said he won't play in the citrus bowl against louisville. mccaffrey is also slated to get drafted in the first- round. >> reporter: the players and media will reach 25 percent of the vote and vans will make up the remaining 50%. it has been more about popularity rather than skill. for the all-star game. >> reporter: will head to toe pronto. never stop laughing at the mascot.

>> reporter:- we will head to toronto >> grant: there it goes >> pam: oh my good ness! >> pam: oh no! so, what happened? >> reporter: i don't know what happenened? >> reporter: as you can see this is a bad idea dropping right through the ice. take another look. >> reporter: the foot slips.

>> pam: i thought maybe that person would have thought about that. (laughter) >> pam: hopefully they got another one. >> reporter: be, take off of the- >> grant: a deer goes through a window of a gym and starts to run all around.

>> grant:have fun. from cnn. >> grant:patrons at a gold's gymn in south carolina got a big shock when a deer came crashing through a plate- glass window. the deer scrambled through the treadmill area and turned weight benches into its own private obstacle course. >> grant:witnesses say the deer was only inside for about two minutes. and went out the way it came in. >> pam: he must have been so

startled. >> brittney: look at the guy in the corner oh wow! >> brittney: de--another cold night dropping down into the '30's and 40's up there we go into the rest of the week. >> pam: that is it for 6:00. have a nice night and hope to see you at 8 and 10.

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the "insider," tracking the biggest stories making news today. ♪ number one. hollywood is already in the holiday spirit. >> christmas, 2016. >> the stars share their plans for decking the hauls. then, agt goes home for the holidays. but this time, it's heidi klum taking her talents. with simon the grinch and bachelor nation, unite. will the fourth time be the time for nick? >> i'm bit of a polarizing character. >> we give advice. >> don't lose your mind. >> then, i'm the new boss. >> arnold takes over celebrity

apprentice, but are the stars ready to take orders from the terminator? >> me, intimidated? you should know me better than that. >> and before she ruled an empire, she struggled through a difficult childhood. >> inside the frightening confrontation. >> we may not have been alive to talk about it. >> now the "insider," tracking hollywood from the inside out. hello everyone and welcome to the "insider." we are tracking the biggest stories in hollywood. >> starting with the number one story that everyone is talking about. >> i love christmas so much, it's a pure feeling from my heart. >> four days and over 18 million hits, she unleashed that epic all-star song, mariah led the list of celebs by