things have been peaceful. >> reporter: in sentencing the former bart police officer today, the judge said people see what they want to see, hear what they want to hear about this case. he said there are no winners, only losers. former bart police officer mehserle came into court today looking like this. his hands shackled at his waste, this time in front wearing the high security orange jail jump suit. he stared straight ahead not looking at the five relatives of oscar grant, the man he shot and killed fuzz years day last year. as he told the judge the impact the killing had had on them --

oscar grant, the man he shot and killed new year's day last year. then mehserle stood with his attorney and read a statement he held in his cuffed hand. quote it's tough for me to admit failure but that's exactly what happened. i wish i could bring mr. grant back. i hope one day they will be able to forgive me. then he repeated part of what he told me in jail last year. >> i didn't want this at all. and i know they didn't want this. and i will forever be sorry for what happened. >> reporter: judge robert perry then threw out the jury's verdict of a gun enhancement that could have added ten years to mehserle's sentence. saying there was not enough evidence to show that mehserle intended to use a gun and not his taser. he sentenced mehserle to two years in state prison for involuntary manslaughter, it could have been four. now with credit for 292 days already served in jail. mehserle could be released from

state prison in six or seven years. reporting live in los angeles, rita williams, ktvu channel 2 news. the alameda county district attorney says she still needs time to decide what the next step will be in the case. nancy o'malley says, it is the sincere hope of the district attorney's office that this never happen again. oscar grant's family and friends left the court in tears and some were downright angry about it. claudine wong has that side of the story. >> reporter: you could see it in the faces of people inside and outside of this courthouse. there was no mistaking the

disaappointment that -- disappointment of the faces of people inside and outside of the courtroom. today was a day when emotions began to spill over very quickly. a fight broke out in the sidewalk outside of the courthouse and sever people were detained. a man was kicked out of the courtroom for an outburst. before the proceedings were everyone over, more than one person walked out of the courtroom because they were so upset. >> we're dealing with a racist criminal justice system. >> so this case does nothing at all to heal, if that was ever any intent. goes to continue the polarization and create another strike within the community. >> reporter: mehserle's attorney says this is a day that gave his client hope because he can see his freedom on the horizon. yet mehserle's lawyer says his client is sorry for the life loss on that bart platform and all that has been lost since. >> what he said is he knows that this case, that his action

has set back relations between the law enforcement community and the community. that people are now more distrustful of the police than they were before. and he is so sorry to be responsible in part for doing that. >> reporter: the grant family promises to keep fighting. their hoping the justice department hears their case and talks up their cause. but that is a fight for another day. live here in los angeles, claudine wong, ktvu news. >> a quick correction a moment ago rita williams said mehserle will likely serve six to seven years. she meant to say six to seven months in prison. so far tonight the reaction in oakland has been peaceful but police are out ready for any potential problems. >> we have air coverage up, helicopters are up. any potential people who may have caused problems in july, maybe those who may be

identified as anarchist, we're going to identify them. >> reporter: anthony batts did not offer specific numbers but said police are in force in the city. >> it is still my hope that people will express their anger, will express their disappointment, their outrage their pain in a matter that is nonviolent. >> reporter: oakland police say some officers are out of plain view and carrying cameras so they can film anyone who might be causing property damage. a number of other agencies around the bay area are on alert tonight in case the peaceful protest going on right now turns violent. especially after the sun goes down, john sasaki is live in downtown oakland now where a crowd of estimated about 250 people who's gathered right now. john are more and more people coming down there? >> i think it's a lot bigger than that by now. i will tell you that the last

couple of times there's been rioting related to the mehserle case it did start after dark. despite the fact that this protest has been peaceful so far. the concern here is that once it gets dark it'll happen all over again. >> this case set as precedent for how we were denied justice to african american victims of crime. >> i think it's pretty outrageous that a young man was killed and the sentencing was two years with time served. i think that oaklanders are in shock. >> reporter: city council president bruner told us that city hall would close at 6:00 because of the concern of safety of staff. with the way people have been talking since the sentencing, a peaceful protest tonight is seeming less likely. >> they burned down oakland, i wouldn't give a dam because something needs to be done to

get these people's attention. black people in general, we're tired. >> there's some sort of issues with the police department against black youth. what else can it be. that i've known since the day i was born. we need to do something to stop this because this is unacceptable. >> reporter: right now you are looking at a picture of 14th and broadway the intersection that police tell me last time around, last time they had rioting, the rioters had actually taken over, actually group had taken over that intersection by the pheuld middle of the afternoon. they believe since that hasn't happened yet, they believe jeff thomas from the police department told me he believes it won't be as that this time around. oakland police -- department hoping that this

time around it'll be peaceful. downtown business have been boarded up, including 20 on broadway alone. if you recall the significant amount of damage after looting. some businesses closed early today while others are hoping to stay open as long as they can. >> i think we have no business after this. >> we're open and we plan to be open throughout the day unless something happens out there. >> reporter: as well as oakland police, more than 18 other law enforcement agencies are on stand by tonight. despite the possibility of civil disrupt, many people in oakland say they are not changing their friday night plans. ktvu's paul chambers is in oakland where two event are expected to draw crowds. >> reporter: one is a concert right here at the fox theater. you can see people that have

been out here lined up for hours. the other event is a monthly art gallery walk. >> the art river galleries are going to open their doors and greet everyone as they normally do. >> reporter: every first friday of the month, because of the mehserle's sentencing, tonight there will be more security on hand for customer safety. >> it's hard to gauge. we're always just ready for everyone. >> reporter: the north bay korea town and the business district has added additional

safety embassadors will be on hand. >> reporter: gunther brown runs the gallery, on the window there's a painting of oscar grant, she says at the end of all of this, it's important to know that a life was lost. during the concert, we're learning that they will be monitoring the streets in every direction. paul chambers, ktvu channel 2 news. complete coverage continues on ktv u.com including rita williams interview with mehserle. police released a sketch

today of a man who shot and killed a woman inside her apartment. the man posed as a utility workers checking on a gas leak to get into the victim's apartment. the body of the 46-year-old writer and publicist was found later that night. >> this suspect may have the received an injury. a major twist tonight in the race for oakland mayor. it's now down to two candidates and you may be surprised by who is leading. plus -- >> reporter: the holidays are coming in sacred heart community center wants to help families in need with food and

toys. but the line is getter longer. and it's going to be wet for part of the weekend. i'll show you which areas will be the wettest, next. the black widow spider's severe bite

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the new leader in the oakland mayor's race is gene quan. after three round of counting

votes, don perata did not have 50% plus one. there are still 15,000 ranked choice ballots to count. late this afternoon, registrar  dave mcdonald says he doesn't know how many of those ballots are from berkeley and san leandro. >> unofficial results, lots of ballots left to process. hopefully done by sunday. >> reporter: rank choice voting makes everybody's ballots longer and the count shorter. in rank-choice is not the biggest culprit slowing the count. seems that 90,000 people in the county who took vote by mail ballot didn't mail them in. instead they delivered them to polling places on election day. >> that takes a lot of effort

to process those. we have to verify the signature of every single voter and then we go through a lengthy process of opening, taking up the ballots and scanning them. >> reporter: so the key to a faster vote count is if you have a vote by mail ballot mail it in next time. the key to rank choice voting, hope you were a lot of people's second choice. employees hired more workers in october than it did in the past month. 151,000 jobs were created last month. unemployment remained at 9.6%. that jobs report failed to excite investors and the markets were pretty much flat tomorrow. the dow jonessed gained 1.4. more than 6,000 people are expected to start lining up early tomorrow morning outside a south bay charity. they are signing up for a food box and toy give aways for the

holidays. ktvu's robert handa joins us now, he's in san jose with the details. >> reporter: we're at sacred heart. they're expecting a line on to the street and along the building tomorrow for thousands of people trying to salvage their holidays. simona johnson is signing up to be eligible for sacred heart's annual box give away for the first time. as a victim of the economy, she says the policeman will provide a holiday for her children -- as a victim of the economy, she says the program will provide a holiday for her children. >> making sure they have a christmas. toys, tree, all the stuff that kids should have. >> last year we expected about 5,000 people, we had almost 5,500. this year we e numbers to keep growing because every month we're seeing hundreds and hundreds of new families that never came to us before. >> reporter: sacred heart

depends on volunteers to keep up with the demand. >> i can't think of a better way to do good for the community. everyone needs a little help, you know. >> reporter: you feel fortunate not to be in the line. >> oh, yeah. and i'm not made out of money, but i have time. >> reporter: sacred heart and their clients are reaching out to the community, for funds, food, especially turkeys and toys. >> one thing, doesn't have to be big but if you help one person every day, helping someone that's hungry or direct them to the resources. >> reporter: well sacred heart community service here on 1381 hall street will try to be one of those resources for the community tomorrow morning. robert handa, ktvu channel 2

news. you can really start the weather start to change today. looks like we're going to get some rain for the weekend, for exactly how much we're going to go to chief meteorologist bill martin. >> it's all coming through with the computer models. here's what i am tracking for the weekend. not a bad day saturday and here comes sunday, that's the real deal. that's cloudy all day and that's rain. forecast tomorrow we're looking at temperatures to be mostly in the 60s for the bay area. scattered clouds as we go through the day on your tomorrow. take a look at the forecast then for saturday, the clouds increased from the system out here. it's not really a system, it's not organized is what i showed you, the gap between this and the next system. this next system comes in here, that's saturday night. it's going to rain, it's going to rain saturday night into

sunday. and good rain. 1-1/2 in the north bay, that's significant rainfall. the radar shows or the computer model shows rain showing up saturday. then it shows more showers showing up sunday morning. that's the heaviest rain. there's sunday at lunchtime. and there is sunday afternoon. there's your sunday, it's wet. umbrellas needed all day. you're probably going to cancel some games if you are outdoor activities with the kids. saturday, you're not cancel anything it's just cooler. rain comes back into the forecast, sunday is wet. the whole weekend is not wet just sunday. so plan accordingly, a little more rain shows up the middle of next week. right now we have live pictures of live chopper 2. this is one of the things that

people were concerned about. that is that the protesters are now in the move and taking over the intersection. is that 14th and broadway. >> 14th and broadway is what we're hearing that they are at now. they are moving up the street and creating problems for people trying to get through the area, around the civic center there. all coming out after the sentencing of mehserle the former bart police officer. he was sentenced to two years in prison with credit for time served. he's looking at serving six to seven months. right now we will continue to watch this because the protesters here, the people who are out speaking are on the move right now. in downtown oakland at 14th and broadway. >> we'll be back with much more news coming up right after this break. one of the most beautiful high school stadiums you will ever see. it's in napa, it's the grudge match and we'll set it up for you, our high school game of the week. i'm mark ibanez and we're coming right back to set the scene for you.

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tonight's ktvu high school football game of the week takes us to napa. >> in just one hour tonight's match up vintage high against napa high. our sports director mark ibanez

joins us live with a preview, hi mark. >> reporter: i tell you what a pleasure to be here. a couple of years ago espn called this site in napa memorial stadium one of the top three in the country to watch a game. they have since had a $13 million renovation of this stadium. it's absolutely beautiful. you're right on top of all the action. and i've got with me tonight the coach of napa high. he'll be going against vintage. first i have to ask you about this stadium. boy this is some kind of place to play high school ball. >> there's no better venue than to play high school football. they have cut no corners and our kids are very fortunate to play in this venue. >> i understand the turf is the same used in the nfl. the new england patriots use the same turf, it's beautiful. >> it doesn't get better than

this. we make sure we impress upon themselves the great things this community is doing for them. >> 8-1 napa high, vintage at 1- 8. how do you keep your players pumped up and focused? >> first and formost, these are their rivals. these are people they grew up together with. more so than that, anything can happen in a game like this and they get it and we've certainly impressed upon them the fact that they need to play sound football and play hard. >> troy, appreciate it. five years, done a great job at napa high. troy motts. we'll have all the highlightsover this game tonight at 10:00. but for now that's it, back to you frank and julie.

more now on our breaking news. this is 14th and broadway. protesters upset with today's sentencing of former bart police officer mehserle are now on the move. this follows an afternoon of peaceful protest in the city center area. but the situation now has changed as you see here in these live pictures. protesters are on the move, there is a large police presence in the area. we're going to continue to monitor what happened, follow the situation. the very latest coming up on bay area news at 7:00 on tv 36 and on the 10:00 news on ktvu. good night.