third degree murder. the maureen naylor is downtown with the emotional reaction that followed. >> reporter: this is one of those three convicted murders are tonight at the main jail in downtown san jose. cameras weren't allowed the courtroom just inside today, they were in the fifth floor. aquilles family and friends hugged the lead prosecutors minutes after the judge read the guilty verdict. >> this is not a day really to celebrate. the only thing to celebrate is that justice was served. >> reporter: it took the jury three days to convict paul garcia, miguel chaires and and estrada. prosecutors say garcia was jealous over a woman the two men dated and paid $195,000 to have achilles killed. >> it's a somber day. and i'm pleased with the jury's

verdict. but it's not a happy day because mark aquilles dead and his family and friends still miss him. >> reporter: aquilles wife says that she feels sorry for the men's family, but not for the guys. >> i will never forgive those men for taking him away. >> reporter: garcia's attorney says his client is distraught with the verdict. >> he is likely to face the rest of his natural life in prison if an appeal isn't successful. and i told him and the family, i think there is good grounds for an appeal. >> reporter: gasia and estrada face life in prison. chairez faces life in prison without parol. prosecutors today asked a los angeles judge to send mehserle to prison. the prosecution did not say how

long mehserle should stay in prison, he faces up to 14 years behind bars. the defense is seeking probation. mehserle is scheduled to be sentenced on november 4. mehserle speaks exclusively with ktvu's rita williams from behind bar. she spent more than an hour with him, hear what he has to say about his life since the shooting and what he wants to say during his sentencing. a series of exclusive reports begin thursday on the 10:00 news. a nurse has been attacked in the bay area. the latest assault happened yesterday afternoon in the contra costa county main jail. officials say an inmate was having what appeared to be a seizure. when medical staff arrived he told a nurse he was faking because he didn't want to be in a particular room. that inmate then picked up a desk lamp and hit the nurse in the head. >> that's the part that angers me most about this. that this knuckle head attacked

a person, a good person that was trying to help him. >> the nurse was taken to a hospital with severe headache trauma. the sheriff the described her injuries as nonlife threatening. deputies used a taser to subdue the inmate. the napa county coroner said that the state hospital nurse that was found dead was strangled. the psychiatric technician was killed by a patient at napa state hospital on saturday. the suspect, jess massey appeared in court. he charges murder charges while committing a burglary. he is scheduled to return to court next month. carly fiorina remains in the hospital tonight. just a few minutes ago we spoke to a representative from her campaign who says fiorina is

still receiving treatment from an infection that came from a reconstructive surgery she had. >> why is she giving a speech at cisco when they repeatedly outsource jobs to countries like india. >> reporter: fiorina released this internet ad today as boxer was greeting workers at cisco. >> she never has said i will bump my party. >> reporter: boxer's campaign issued a statementing wishing a fast recover for fiorina. and moderator matt lauer put meg whitman and jerry brown on the hot seat in long beach. >> if she takes her negative ads as recently defying it will

take mine down, no question. >> >> i can take the ads that can be thought as negative, but i don't think we can take down the ads that show brown's votes. pg & e is trying to save its credibility. tom vacar is live. >> reporter: just have a look over here, these excavations, assessments and repairs are going on all over pg & e's vast natural gas system but for one city it cannot come soon enough. the same pipe that blew up in

san bruno runs through san francisco. pg & e said -- >> that pipeline was assessed as extremely high risk and in unacceptable condition and needed to be repaired immediately. >> reporter: but when it came to repair it, pg & e labeled it safe. but is it? >> we're starting to wonder if we're having an effective monologue with pg & e. >> we're being very transparent. we have a lot of information on pg & e.com. >> quite frankly i did not get an acceptable answer, at least to me. >> there's no feeling of truly a partnership. >> reporter: pg & e told

elected officials if the san bruno pipeline remains closed then big users including 35 hospitals, 35 hospitals would have to curtail their use of natural gas. this story will keep going on, reporting live tom vacar, ktvu channel 2 news. the family of a big rig driver from hayward who plunged to his death when his truck went over the edge from the s curb today filed a wrongful death lawsuit that include caltrans. tahar died last year when his truck fell over the wall lining the s curve. his attorney says that caltrans was negligent on its design of the curve and failed to warn drivers. caltrans has not yet commented on the lawsuit. it was the result of a fire

that destroyed four vehicles and damaged a carport: it all happened in the intersection of arf avenue and esperian. the explosion shattered some windows and forced the brief evacuation of about 20 people. there were no injuries. game one of the world series begains in less than 24 hours and with the count down to the first pitch under way. we learned today san francisco is working on another option for fans to watch the away games. ktvu's allie rasmus is live in the city with the details. >> reporter: we're live in san francisco's civic center plaza where you can see the giant flags are now on display. right now plans are in the works to possibly put up an outdoor screen on this end of the plaza and broadcast the giants game on saturday. >> there will be no public viewing of the giants game here

tomorrow but this could be the first gathering spot for the giants first game in texas. >> we realize that people want to come together as a city and cheer the giants on collectively. >> reporter: from civic center plaza to downtown trolleys, san franciscans rally. the city also welcomed fans from the other team. this afternoon rangers fans started arriving at the downtown westin san francis. >> the rangers have never done it and they're both underdog teams and they're wonderful. >> reporter: this couple from corpus christi, texas decided to make this part of their honey moon. they looked at vacation packages for four possible world series cities. >> of those, san francisco was the prettiest. so we decided to book here and take our chances that the giants and the rangers would

make it and they did. >> reporter: now over the next several dayings, expect more city buildings to be lit up in orange -- now over the next several days, expect more city buildings to be lit up in orange. and there's a shortage of orange cells. but city officials say they are working on locating some extra gels from other parts of the country and bring them in so that buildings can be lit in orange for the world series. allie rasmus. new details tonight involving a deadly shooting in berkeley. what police have now ruled out. plus -- >> reporter: it could be coming to a grocery store or liquor store aisle near you. find out how some convenience stores are preparing to sell t. a clear evening across most of the bay area, but we have a frost advisory to talk about in the short term. i also break down the timing of our next storm that will really impact one part of the region. also alcohol, why one drink

is now being invest investigated by the state and why it could be pulled from store shelves.

berkeley police now say a shooting early this morning that left one man dead and another seriously injured was not random. it happened at about 8:45 this morning on sacramento street south of russell street. the two victims were standing outside a business when two men walked up and opened fire. the suspects then ran away. police say there were a lot of witnesses. investigators say a few dozen shots were fired leading them to believe the two victims were specifically target. even though we are still a week away from election day, some business are already

preparing for prop 19 victory which would legalize marijuana. if some business have their way, buying it will be easy. ktvu's david stevenson is live now in san francisco with this story. >> reporter: well julie, some supporters say they hope to make purchasing pot as easy as strolling into a liquor store or grocery store. business is already booming at leslie's wine store. but he's hoping election day will help him bring more greene. >> we would probably put them by where our cigars are, because we want it to stay humid. >> reporter: they hope to sell pot alongside other products. >> an afternoon smoke that you have with your coffee or something that you have with a nice bottle of champane. >> reporter: hennessey says he's prepared to prepare staff

for marijuana sale that he estimates could bring $600 a day. >> i think that they have every right to sell if they want to sell in their stores. but people aren't going to be getting the same kind of quality of service that is needed with medical marijuana. >> reporter: bartenders at this san francisco dispensary says even if prop 19 goes into effect, sales are better left to those that have been in the business for a while. >> i don't think any business person at a corner liquor store can give the same kind of knowledge that a person that works at a dispensary can. >> reporter: reporting live in san francisco, david stevenson, ktvu channel 2 news. backers of proposition 19 got a significant boost with a huge donation from george

sorros. he gave $1 million to the campaign to legalize marijuana in california. this donation comes a week before election day and a day after the yes on 19 campaign aired its first television ad. back in 1986, sorro was a big backer to legalize marijuana. the drunk contains 12% alcohol, put that in perspective, doctors say alcohol in one can of 4loco is the equivalent of six beers. today officials say 4loco is the reason why nine college freshmen went to hospitals earlier this month. a similar incident happened in new jersey last month. the u.s. department of education warning schools that they could warn losing federal funds if they don't protect kids from bullying. they say title nine rules

protect students from bullying based on religion or sexuality. federal education officials say schools that do not take harassment seriously could face investigation. a man in oakland had a heart stopping commute after a 6,000-pound tree fell on his car. his air bag didn't even deploy. it happened on piedmont avenue about 6:30 this morning. wow, look at that. work crews spent most of the day removing the tree. the ficus was about 30 years old and had root rot. >> that is just, so close, amazing. >> remarkable. we're going to get realty cold tonight respect we mark -- we're going to get really cold

tonight aren't we mark. >> right. coolest locations will be around 36 degrees. right now on live storm tracker 2 we have a batch of storms coming in. as we do come in tighter over the bay area, we have clear skies. as a result temperatures will start cooling down a bit. santa rosa 63 degrees, by tomorrow morning nearly 30 degrees cooler from that current temperature in the low 60s. far as the frost advisory it is in place for the salinas valley, up in the north bay valleys as well. this begins at 2:00 lasting till 8:00. so near freezing for several hours, you always want to protect the plants and keep the animals warm with things cooling down tomorrow morning.

san francisco 48, san jose 42 and livermore right around 37 degrees. high pressure sticking around, but partly cloudy skies after tomorrow's start. you can see evidence of the next frontal system approaching. we'll definitely thicken up the clouds, and best chances for showers that will target the north bay. here's our rainfall timing. you can see we are totally dry tonight and into tomorrow. by tomorrow night, possibly a new north bay sprinkles. as we take it to 9:00, you can see the rain line primarily into 70 degrees. first thing tomorrow morning, cold, fair skies by 12:00 with scattered clouds by 4:00. big game with the world series game one. you can expect partly cloudy skies. afternoon highs tomorrow mainly in the mid- to upper 60s. warmest locations right around

70 to 72. more morgan hill 72. your five day forecast will thicken up the clouds, will bring in the chance of a few showers primarily in the south bay. frank and julie and unsettled weather pattern over the next few days. >> i imagine it has to be pouring before they cancel. >> probably just springless and light shower -- sprinkles and light showers. the magnitude 7.7 earthquake struck yesterday in sumatra. this was the scene as locals fled to higher grounds. rescue crews are having a heart time reaching the area. some 500 people are still moving. on the main island of java, people are flewing their homes. 18 deaths have been reported there, include ago 2 -month-old

baby. there are fears the smoky eruption could trigger more eruptions. many had refused to evacuate earlier saying they wanted to protect their crops and their homes. coming up here, bp at at&t. >> the giants are just about winding down their final dress rehearsal, that's ishikawa out there warming up, taking batting practice as they ready for game one tomorrow. we'll have a live preview.

the bay area man behind the fitness chain is now helping madonna open up a new fitness chain. the lafayette based company is led by mark laftrot. the first gym will open next month in mexico city. the giants are just wrapping up batting practice. >> that's where fred inglis is

live on the field. >> reporter: 106 world series begins right here tomorrow, how important is game one, well the winner of game one has won the world series 64% of the time and tomorrow it will be a match up of two cy young winners. it'll be tim lincicum and cliff lee. cliff lee won the cy young award with cleveland. he may pitch as many as three times in this series. tim lincicum is 2-1 this postseason, and he will face the texas rangers where are 4-9 all time. they led this team to the best earned run average in the major leagues. >> we build around pitching and you know just more pitching on

top of that. so you know we built the starting rotation around guys that kind of myself and cain grew up in the system and understood it. guys like baumgartner you see a 20-year-old that is playing in the championship series like he's done it before. that speaks to how mature he is and how he can handled himself. given the opportunity guys can flour ish and do great things. >> i think they are dangerous because they have really good pitching. when you have lincicum and cain then their bullpen. you're limited to the runs you can give up. >> they are the ones that are out there pitching in those run run games and holding it where it is. that's tough to do over and over and they did a lot of that this season. >> it's good for baseball, i think. i think it reaches out to a

better demographic. i was tired of watching yankees and phillies all the time. in about a half hour. a vigil will get under way for the employee who was killed saturday at a north bay hospital. coming up on bay area news at 7:00 on tv 36. the 56-year-old concord resident was found dead at napa hospital. now friends are asking questions of state officials. that's our report for now. thanks for joining us. good night. >> good night.