witnesses. >> it's a scary situation. totally scary. i wouldn't want him out lose. >> reporter: but that's what happened. after treatment, the áf hernandez was take ton the psychiatric pavilion for evaluation. sunday night instead of being released back into police custody, hernandez was inadd in -- inadvertently freed. neighbors did not want to appear on camera because they are afraid of hernandez. >> it is uneasy to know that somebody broke into a home, stabbed himself is out on the lose. it makes me uneasy a staff let him go. >> reporter: we do know that he took a taxi to a shopping center where he was known in the neighborhood. coming up at 6:00 we'll tell you more about how he was freed and how he was caught. live in hayward. robert handa, ktvu news. the surveillance video

police released is generating new leads into a group of attacks where rocks were launched into homes. a white police believe was involved in attacks early saturday morning just south of vasco road. police believe the vandals used a powerful slingshot like the one you see there to fire rocks into homes. whoever is responsible will face felony vandalism charges. despite finding more than a thousand bones and bone fragments, a convicted serial killer says they were digging in the wrong place. our ken pritchett live there with another strange turn the story is taking today. >> reporter: gasia, let me set the scene for you first, if you look at the very top of that hill back there that's the site of the well that investigators dug up where they found about 1,000 bones and bone fragments.

but this death row inmate speaking to a bounty hunter says that the well he drew is not up there but some where to my right. about 100 yards down the road in that field buried and out of sight. today crews smoothed over the soil. the final finishing touches. death row inmate wesley shermantine drew a map to this property says his partner in crime buried his crimes there. >> he said why are they digging at that well. >> reporter: shermantine watched the excavation of the abandoned well. >> nothing to do with it. >> i said they found a skull.

he said nothing we had to do anything with. i didn't have anything to do with it and i don't think herzog did either. >> he says there's two more to go. i don't know what he means by that. i don't know what he means by that. >> reporter: the bounty hunter has two maps. padilla promised shermantine $33,000. only a small amount has been paid to this death row prisoner. ken pritchett, ktvu news. 13 years after she disappeared the parents of

vanderhite has been found. terry and john vanderhiten says their daughter met herzon -- herzog they used to own inland. and they also say that they're happy that shermantine gave up the information. >> it's a relief we did find her and we can take proper care of her. >> a lot of other families that need closure and my porch light will stay on forever. i'm never going to turn it off. because my home is always welcome. cindy vande are -- vanderheiten was the first victim identified. a surge pushed the dow over

13,000 mark today. right about here it hit 13 thouz. 13 -- 13,000. that was just three hours after opening. the dow finished at about 12,959 points but still it did cross that important threshold. let's bring in the tom vacar. explain what this means for us. >> reporter: what happens here on wall street resounds here on main streets all around the nation. is 13,000 a milestone or just another random number? >> big round numbers have a big significant. from aging, to weight loss we all look at those big round numbers.

>> we know there seems to be a bullishness in the markets. whether it be 13,000 or 14,000. so there is this deal of bullness in the air. >> reporter: stream away from wall street to main street the number is encouraging. >> a lot of people trust the stock market. they feel when things are better with stocks they have a little more room to play with their money and just feel a little more secure to know that it's going up. >> people are buying cars now. i think it's just a matter of time before the hiring starts. things are looking better i think. >> reporter: put in perspective today the market closed short of 13,000. that's better than the bottom reached in march. in dollars and cent s if you had $10,000 in the market at the peak, it was cut by more than half at the bottom. today almost three years later you still haven't recooped all your losses. >> i think that just, it's what has happened over the past

couple of years makes it veryevident that it's a gamble. but life is a gamble. we'll have the thraoáe -- three reasons why the áf -- why wall street fell short of that rally. two weeks ago you will remember a three member panel of the court ruled that the ban violates the civil rights of same-sex couples. if a majority of the court's judges agree to consider the case, it would be assigned to a panel of 11 judges. in 2003 a then more liberal supreme court ruled favorable. today the court said it will hear a case brought by a white student who was denied a spot at the austin campus of the

university of the texas. the student contends the kwraouft's race conscious admission policies violates the -- university's race conscious admission policies violates the rights of white students. california voters have changed their opinion in the last few days. support for santorum has surged and is now within striking distance of romney. romney has dropped from 38% in early february to 31% now. at the same time santorum shot up in the polls from 18% to 25%. ron paul is third with 16%. newt gingrich third. with four candidates in the primary. many california voters remain on the fence. 14% are still undecided and a big percentage of voters is not

happy with the slate of candidates in the race. just 14% of gop voters say they are very satisfied with the republican candidates. but almost 40% say they are not too satisfied or not at all satisfied. finally it appears geography is playing a role in california politics. in coastal counties romney leads santorum by 7% but that lead is cut to four -- 4% in the inland regions. candidates born stormed through key states. >> ladies and gentlemen let me introduce the come back kid, mitt romney the next president of the united states of america. bring it on. romney rallied with supporters in michigan. rival rick santorum campaigned in minnesota. coming up in just 25 minutes find out which candidate slammed president obama as a rock star and why. the united states today

apologized after officials at an american air base in afghanistan burned copies of the coran. the incident broke out anger. they said that the books contained extremist messages passed between prisoners at a detention center. today the white house, pentagon and top u.s. general in afghanistan all apologized to the afghan people. >> i assure you, i promise you this was not intentional in any way. and i offer my sincere apologies for any offense this may have caused. >> general allen said the military is investigating the incident and working with officials to properly dispose of the burned material. a big mess at the bay bridge toll plaza causing delays that went on for a long

time. find out what caltrans says didn't work properly that may have caused the mess. back here in just about 10 minutes, tomorrow is going to be the warmest day of the week. i will show you how warm it's going to get in your neighborhood. '

the family of sandra cantu is planning a community event for the young girl who was kidnapped and killed nearly three years ago. the family is holding a community cares. it's designed for kids to have fun, to learn about safety and to celebrate sandra's life. neighbor melissa huckaby admitted to kidnapping the girl and is now serving time in prison. the recent construction project there is partly to blame. our sal castaneda live in oakland with what else helped

cause this morning's traffic mess. >> reporter: gasia, a lot of things went wrong but one of the things that did happen was a metering lights. the metering lights were not cycling properly and the commute lasts longer than usual. traffic here at the bay best of my knowledge was backed up much longer than normal. one of the problems had to do with some of the work done over the weekend when the westbound lanes were closed. caltrans says the metering light sensors were not working properly after the repaving, as a result the lights were not working right and not letting cars on to the bridge fast enough. >> we had to turn to manual where we control it ourselves.

>> reporter: this morning took. >> 45 minutes. >> reporter: it took our crew about an hour to drive to i80 across the san francisco. the back up also snarled interstate 80 and 880 for miles approaching the bay bridge turn off. >> did you make it on time for work? >> are you kidding me. >> this man told us he's happy he took b.a.r.t. today. >> i'll alternate. sometimes i will drive, sometimes i will take b.a.r.t. >> reporter: now the lanes here were slightly reconfigured but that doesn't seem to be what caused. caltrans doesn't seem to think that's what caused the delay. they told us those metering lights have been adjusted and should work properly tomorrow morning so they'll fixed for the morning commute. doesn't mean we'll have a good commute but at least that won't be the problem, according to caltrans. a fire at a garbage truck led to traffic delays in benetia today. the fire was contained to the

trailer which was carrying about 40-tons of household waste. emergency crews separated the trailer from the tractor and then spread out the garbage along the side of the road to make it easier to put out the flames. no word yet on what sparked the fire. >> it's fairly common for garbage trucks or waste trucks to catch fire. it can be anything from people putting in charcoal briquetts. there could be a number of things that get into a garbage can. >> no one ended up getting hurt. a heating pad used to keep tortoises warm started a fire that injured a firefighter. it happened inside a barn like garage next to home. the heating pad had an electrical malfunction. the firefighter was treated for heat exhaustion and should be

okay. the owner says the tortoises are able to move if they need to so they were able to move to safety. scientists say water samples show readings up to double time of radiation. but they the readings are lower than harmful levels. squall valley has opened something never tried before. the ski resort has just opened the first ski through starbucks. starbucks says you can get a cup of coffee without missing a beat on the slopes. you can also take off your skis and go inside if you feel like sitting down. >> per happen -- tomorrow you

won't need happy but maybe a cool lemonade. >> tomorrow temperatures go into the mid-70s in the warmest spots. probably will be the warmest day of the week. you will notice it. you will notice it if you are a pollen sufferer. look at the rotation on these clouds. see how they're coming around like this. i'll put them into motion again. that's the signature of a big old high pressure. that thing setting up. that's the first indication that things are about to change. high pressure is in the neighborhood, and the air is starting to sink. and when the air sink it starts to warm. 41degrees in napa, 42 in vallejo. it's not going to be that cold. there'll be patchy fog. but patchy fog should go away rapidly. here's that rotation again. here we are. you see the air, this is basically an offshore flow, offshore from land to sea.

now you go up north we did the avalanche stories. some skiers had problem up in washington state. that's because they're getting all the snow and all the rain. and they have been. alaska had record snow fall earlier this year. the jet stream is focused on them. you know where the jet stream was last year, focused on us that's why we had all the rain. that jet stream is powering into the pacific northwest. it isn't over the top of us. we're getting fair level clouds over the top of us. that sets us up for a very warm day tomorrow. when i say very warm it's relative but it's february. when you pop 70s in february it's very warm. so these yellows represent 70s. we could see mid-70s in san jose, evergreen. we're looking for temperatures in the 60s. a very warm day. there's coastal fog out there now but that coastal fog will be gone tomorrow as those offshore winds scatter away. when you look at that coastal

fog, you can see how compressed it is. we will also look at the long range computer model and see when we will see some rain. new information is coming into our newsroom on the killing of a berkeley homeowner over the weekend. what police are now saying about the response that night for help. >> oracle shows off its crew, skipper but the actual boat they will be racing, we'll tell you why it was not there. and fat tuesday is being celebrated right here in the bay area. we're going to give you a live look on a party that's getting under way to celebrate this day. a man laying dead on a busy bay area street for hours. we're talking to the woman who made the 911 call. >> at first i thought it was a homeless person, you know just sleeping it off. >> and asking why it took so

long for neighbors to call police. also, the america's cup is months away but practice is starting. we'll show you the training and the glimpse of one team's top secret boat. plus, we reveal how big hollywood changes could force local theaters to close. tonight on ktvu channel 2 news at 6:00. sweetheart. we need to talk. i've seen your stunts online. i can explain... jumping a ramp in a shopping cart. so 2005. wait, what? and only 3 likes? honey, it's embarrassing. carol's son got over 12 million views on that dancing squirrel video.

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oracle racing gave the bay area a sneak preview of last year's sailing races. the team took to stand in boats for a spin along the race course. >> the team is hoping to generate excitement for the 34th america's cup held in san francisco. their skipper said be prepared to see his sailer's sweat. >> for the crew it's relentless. the guys pairing these boats are really our engine. the more horsepower you get the faster you'll be. if you can do that a little bit

better than the other team it'll be a huge advantage. it'll be like having a bigger engine in a race car. >> reporter: the oracle crew put on a display in wind sale catamoran. oracle is still building the super secret boat. two years on valentine's day he became the youngest skipper ever to win the america's cup on board oracle. >> in the old boats you would basically stand there on a grinding pedestal and you would be there for the day. now you're running around. you need a real mix of skill and athleticism. >> there is one hometown hero with a big role in oracle's race to the trophy. john consteski grew up in the

bay area. the oracle's team says they feel lucky the america's cup came to san francisco but they're not sure that san francisco feels the same about the cup. why some city officials are questioning the benefits of hosting the america's cup. this is mardi gras or fat tuesday in new orleans rolled out its rollicking parade today. the french quarter was alive with costumes, partyers and parade floats today. it's the feast before the fasting. a day to dress up, toss beads and toast rex the king of carnival. >> hail rex. >> hail rex. >> mardi gras is the last fling before the season of lent which begins tomorrow with ash wednesday. a lot of people are celebrating fat tuesday in san francisco right now. we're giving you a live picture of what's happening at fat tuesday in the filmore. there's plenty of jazz music. this event runs until 7:00

tonight and it's in filmore. there's no charge to get in but a portion of the proceeds from all the food and drinks for sale there will benefit the san francisco jazz heritage center. the party continues today in brazil where mardi gras is called carnival. >> brazilians and tourists from all over the world partied in the streets of rio de jainero. the celebrations have been going on there since friday. one festival was devoted to the beatles. we have several more images on our website. just log on to ktvu.com and scroll to the carnival section. the ár what happens behind closed doors is raising concerns in one east bay city. the allegations that residents are making. meet birane, she's 10 years

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some serious questions are being raised about two businesses that are located very close to each other in lafayette. they are both massage parlors but many say customers are getting much more than just a massage. we speak to a neighbor that lives close by and tell us why she's so suspicious about what's going on. >> reporter: neighbors say they are worried about the world's oldest profession. >> reporter: two massage business on mount diablo boulevard are rubbing some people the wrong way. >> we're dealing with this situation that is shady at best. >> reporter: michelle douglas lives near by and suspects the

business are taking part in illegal activity. >> it's difficult to ascertain what's going on behind closed doors between consenting adults. there's evidence on the internet that indeed illegal activities are occurring. >> reporter: at classical music massage center, the owner told me by phone he operating a legal business. the owner of melanie massage did not want to show her face. >> don't be coming here. we are normally massages. legally massages. only massage. >> reporter: this customer left melody and told us he just got a massage. >> if they're not a reputable place they should be shut down.

but no one offered any type of bad things. >> reporter: police say they are investigating the allegations. patrolling the areas more often. a possible permitting change may be under way. two people escaped a fast moving fire. fire officials say heavy poke -- smoke were shooting out of the all the windows. win tenant says she was getting ready for school when she heard banging and tapping sounds. >> i thought it was raining but turned out to be fire. and my landlord was banging on the door telling me there was a fire and to get out. >> reporter: officials say that one person was treated there at the scene for minor injuries and there's no word yet on the cause of the fire. republican presidential candidate mitt romney today accused president obama of failing to keep campaign promises. he said that michigan is starting to come back now from

the recession but that president obama has made it harder for the economy to reboot. >> he said that he would keep the unemployment rate below 8%. if he could borrow $787 billion and have your kids pay it back. it has not been below 8% since, 7 straight months above 8%. >> reporter: michigan holds it's primary one week from today. rival rick santorum also slammed president obama today while campaigning in arizona. he drew a sharp comparison between the current election and president obama's win in 2008. >> the american public at a time of crisis went for a rock star that they believed someone that they believed in. to make a difference in their lives. this election, america is going to go back to what we've done in the past. we're looking for leaders not who we believe in, we're

looking for a leader who believes in you. please help us on tuesday. >> santorum also met with joe arpio known for his tough anti crime policies. arpio says that santorum understands that people are our bosses. the state faces $484 million in unfunded pensions. including san francisco, sonoma, san mateo. since 1999 pension spending has grown 11.4% per year making it the fastest growing expense for local governments. tonight ktvu investigates safety in the skies and specifically your safety in the case of a mishap in the sky.

in tonight's special report, scott macfarlan has found that planes are taking off without a safety device you probably assumed they were on board. >> reporter: there were two miracles on the hudson. not only did the pilot land the plane on the hudson river. >> i knew we had mechanical problems because you heard the sound. >> reporter: but he also managed to keep the passengers dry. >> the water was freezing. it was absolutely freezing. >> reporter: you will remember the pictures of passengers standing on the plane's wings. but mary anne was sitting on this. one of the many rafts on board. >> the boat we were in. we were grabbing people out of the water who had jumped in. taking their wet clothes and giving them our clothes. >> reporter: we discovered the agency waives it's own rules and lets many planes fly over

water without rafts. we've seen posts suggests this was happening. so we made a series of requests from the faa and obtained this list. all planes that the faa allows to fly over water without rafts. the same plane are used every day by united. many are about 20 feet long, they fit dozens of people on board and they come with supplies. you can see life preservers, pacts of drinkable water and often they drop right from the airplane door just steps away from your seat. so why aren't airlines using them. a spokesman says the rafts aren't needed, that they are heavy and increase the fuel burned and increase your ticket. >> they don't have to pay for the fuel that it takes to carry the education -- the extra

weight on the aircraft. and they don't have to pay for the maintenance of the equipment. >> but the famous captain sully sullenburger is asking the government to do away with those waivers. >> you think without the life rafts people would have died. >> probably, yeah i definitely think people would have died. today's rise in oil prices to above $105 per barrel hit the airline industry like a hammer today. u.s. air was especially hit hard with stocks plummeting to more than 8%. rising fuel prices will be passed over to travelers this summer in the form of higher air fares. the disease that the cdc says is now killing more americans than aids. thousands of air bags have already been recalled. the problem with them and why

the government says thousands more could be in trouble. the deal that a bay area company made that will allow its to stream oscar nominated movies before they hit atv. anyone who grows things for a living will tell ya... a plant is only as good as the soil you put it in. look, both these potted plants got the same sun. same water. only difference? this. miracle-gro potting mix. rich organic ingredients with miracle-gro plant food mixed right in. it even feeds plants for six straight months. want this result? gotta start with this soil. miracle-gro potting mix. success starts with the soil.

federal regulators are investigating a problem with side air bags that could fail

to inflate in a cash. the problem has already recalled toyotas, hondas, subarus and nissans. vehicles have propellants that may not work properly to inflate side air bags. president obama signed a memorandum today that will dramatically increase the number of bio based product purchased by the federal government. bio based product are made entirely or mostly of plants and other renewable agricultural material. products such as hand soap made by soybean, or disposable spoons made from potatoes. the usda created a label for products that are bio based. the san francisco based

online gaming company zynga is reportedly saving more than $6 million in taxes that would have gone to the city. in a recent filing, the company reported -- but because of a new city wide tax break on employee stock options,zynga will now pay a cap or whatever it paid last year. whichever is the greater amount. los gatos based netflix has a new weapon with premium channels. netflix will be able to stream oscar nominated films. netflix hopes that it will keep customers. online shopping continues

to become more and more popular. e commerce sales jumped by 16%. amazon continues to dominate online sales. that retailers customer satisfaction rating jumped to an 80 on a scale of one to 100 with customers giving a high scale for low shipping costs. an an indian manufacturers will be allowed to export supplies of cancer drugs in the u.s. drug manufacturers focused on newer more profitable drugs. the cdc says more americans are now dying from hepatitis c than from aids.

that has prompted health officials to prompt for more testing. treatment for hepatitis c has improved recently with two new drugs approved just last year that suppress the virus in much the same way that drug suppressed the virus that causes aids. new information just into our newsroom, a minute by minute accounting by berkeley police on their response to an attack that ended with a man being killed outside his home. tomorrow could easily be one of the nicest days we've seen this season so far. when i come back, your five day area forecast. we'll be talking about some pretty warm daytime highs. new at 6:00, a man laying dead on a bay area street for hours. we're talking to the woman who made the 911 call. >> at first i thought it was a homeless person just sleeping it off. >> and then ask why it took so long for neighbors to call

police. practice is starting. we'll show you the training and the glimpse of one team secret boat. plus we'll reveal how hollywood may force local theaters to close. tonight on ktvu channel 2 news at 6:00. -dad, why are you getting that? -that's my cereal. is there a prize in there? oh, there's a prize, all right. is it a robot? no. is it a jet plane? nope. is it a dinosaur? [ laughs ] [ male announcer ] inside every box of heart healthy cheerios are those great tasting little o's

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a man was killed outside his own home in grizzly peak. in just the past 10 minutes we learned the exact calls of the 911 calls and when police arrived at his home. rita williams is here now with the new information. rita. >> reporter: frank a lot of new developments in this case in just the last half hour. berkeley police finally released this statement saying they want to correct what they call a lot of inaccurate information about this case. >> he was a wonderful husband and wonderful father and it's a tragic loss. >> reporter: susan wingraph is talking about a man she's known for decades. peter sucore killed saturday night at his home here in the

berkeley hills. police say a trespasser 23-year- old dewitt hit him with a flower pot. dewitt's parents say he's a schizophrenic. >> we are trying to avoid it from happening again. >> reporter: that was the response from berkeley's mayor when i asked him if police did whatever they could to prevent the killer. just minutes ago police released the statement saying suco called the nonenergy number and very calmly said there was quote, an unknown person hanging around his property. police did not respond saying they were on a higher priority call. monitoringg an occupy oakland rally. at 9:02 two minutes later police now say sucor's wife

called 911 yelling that her husband was outside and the man was hitting him and pulling him into the bushes. officers were dispatched a minute later and arrived within five minutes. 15 minutes after that police arrested the suspect near by. >> do you think the city in any way contributed to this? >> i'm not sure. i've requested all of the information. i believe that the facts will tell the story. >> reporter: now we still don't have all the facts and we don't have the audio tapes of those calls. but berkeley's police chief says in a statement, that this case is deeply affected officers here, he says quote we're carefully reviewing the circumstances of this case in depth to ensure everything possible was done to properly respond to what he calls this tragic event. reporting live in berkeley, rita williams, ktvu channel 2 news. the city of capitola still faces several lawsuits over a

year after massive floods and mud slides go through city streets. this is what it looked like. flooding local homes and businesses. several people sued including one homeowner who's pending lawsuit seeking $135,000 in damages is still making its way through the court system. when the shaky wake up call for residents of san francisco zoo overnight. the u.s. geological service says there was an earthquake about 5-miles from the zoo in the pacific ocean. it struck just before 1:00 this morning. it had a depth of 5.5 miles. we are starting to feel the changes our chief meteorologist bill martin told us aás here yesterday. >> temperatures back into the 60s. tomorrow they warm up further with numbers mid-70s. so it's going to be really nice out there. if you're hay fever sufferers you're going to notice it tomorrow.

oakland 58 right now. san francisco you're at 57 degrees. check out this shot outside. san francisco right now, how do i know it's going to warm up tomorrow. first thing i showed you was the rotation in the clouds. the next thing i show you is the compressed marine layer. the air is sinking and it's compressing the marine layer. that goes until 740 feet and it's going to stay come -- compressed over that. you see the marine layer, you know most likely the next day is going to be a warmer day especially in the summer months. cooler as we go into the extended forecast but no rain. that's what we need. so the rotation on the clouds, the offshore flow i talked about that. all the rain in the pacific northwest. nothing for us at least in the next three, four, even five days.

high pressure, air sinks. with that we had patchy valley fog. i suspect coastal fog will be gone by morning. the winds are going to come out of the north or northeast and that northerly wind the áf will look like this. an increase in temperatures for santa rosa, for everybody. look at the numbers pop up. santa rosa is going to get into the mid-70s. 75 in san jose. big warm up tomorrow. forecast highs for your wednesday will probably be the warmest we see all week. it'll be the warmest temperatures we see all week. the numbers will trend down a little bit as we head toward the week -- weekends. you have to laugh. your weekend is coming in view there. it's going to be nice. there's a few clouds in the forecast. i'm just shaking my head. april, this feels like april. does not feel like february. >> embrace i say. the british family has let slip the name of the latest

member of the royal family. the cockespaniel told some school kids the name was lupo. which means wolf in latin. cçrrú

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a team of middle school students from modesto beat out 34 other groups to come in second place in a national engineer project. the students built a solar powered city. tonight food safety watchdogs are concerned about possible cuts to a program that tests fruits and vegetables for dangerous viruses and bacteria. under the president's proposed budget, something called the microbilogical program would be eliminated. >> is that a bad idea because our safety has already been compromised. >> the idea has some shoppers concerned knowing that food poisoning outbreaks are fairly common. 1/3 of the food bourn outbreaks

were caused by fruits and vegetables. last year the program helped identify lettuce and spinach and melons. >> it's not enough data out there that really tell us how we're doing on fruits and vegetables so we don't want to see that program go away and see that data go away that tells us what we're dealing with. >> reporter: the white house says it will put away the program until it find a place for it. a violence suspect who was initially freed is now back in police custody. robert handa just spoke with investigators and he'll tell us how he was caught. the transformation you're going to see at the movies and what some say are lost by leaving film behind.

a man is found dead on the street in san francisco's mission district. the neighborhood's unique way of life may have led many people to ignore his cries for

help. ktvu just learned that a suspect that was mistakingly released has been found. good evening everyone i'm frank somerville. >> and i'm julie haener. police are trying to figure out how a man was left to die after he was heard screaming for help. rob roth is live in san francisco with what residents heard and saw and why some may have kept it to themselves. rob. >> reporter: julie, police have posted these signs asking the public for help. amidst reports that neighbors heard the victim screaming for help but no one called 911. police say around 2:00 sunday morning a man was robbed and killed but five hours later one neighbor saw the man on the sidewalk. that neighbor did not want to appear on ca