complete bay area news coverage starts right now. this is ktvu channel 2 news at 5:00. >> a chance to say thank you. for the first time the public pays respect in person to two sanda cruz officers killed in the line of duty. >> good evening. first breaking news out of san jose. a little more than an hour ago police found a man stabbed to death. news chopper 2 is above the scene at guadalupe park. we know the victim is a man. police believe he's in his late teens or early 20s. we do have a crew on the way. as soon as they get new information, we'll bring it to you. now back to that public viewing today for the two police officers killed in the line of duty. one person said he just felt compelled to go and pay his respects, even though he didn't

know either of them personally. robert honda is in santa cruz and tells us why the family wanted the viewing even though there was a huge public memorial being held tomorrow. robert? >> reporter: well we are at santa cruz memorial and this is a place where people are laid to rest and those who live on come to pay their respects. that is happening right now for the two slain officers. less than two hours ago people lined up to go inside the santa cruz memorial chapel for the viewing of police officers baker and butler. their caskets were draped in flags and their pictures displayed next to them. some visitors, including resident paul reid lined up early. >> i got up this morning and i just felt like i've got to do something, to pay my reguards to these people. >> reporter: the family wants

people to be a part of the memorial experience. for reid and others, it was emotional. >> it was very quiet and comfortable moment. it was pay healing experience just to be part of this today, i think it helped me in my life, it helped me with my total respect for law enforcement. >> i just feel so helpless that there is nothing to do. >> ultimately do you feel as though the viewing was beneficial for you? >> i do. i do. because we can't go to the san jose tomorrow and i'm really glad we got this opportunity. >> reporter: the viewing will continue until 8:00 p.m. tonight. coming up on the our 6:00 news, we'll hear from those involved in the memorial, including the police chief. ktvu channel 2 news. tomorrow's memorial procession is set to begin at

8:45 in the morning at the 3rd street parking lot at boardwalk. it will go to ocean street and north over highway 17. from there the procession will continue north to highway 85 and then south to highway 87. it will exit at julian street in san jose and turn on autumn and take that to hp pavilion. drivers are being advised to expect rolling road closures along the procession route. amtrak is offering law enforcement free travel to and from the service. the service is offered on capitol corridor trains. the san jose amtrak station is located across the street from the hp pavilion. we will air the memorial for the fallen officers live in its entirety. our coverage will begin at 11:00 tomorrow morning. that service is set to -- begin at noon.

and potentially damaging testimony in the case of a bicyclist charged with killing a pedestrian. we were in the courtroom today and see the new evidence that was presented. david? >> reporter: that is right. for the first time we saw video of this collision and we learned what the accused shouted just before the deadly crash. christopher buck airy was silent as witnesses in this san francisco courtroom testified they saw the cyclist speeding and breaking traffic laws moments before striking wee when he and his wife were crossing. this carries a felony manslaughter charge. >> the evidence in this case is very strong to suggest that we have a gross negligence case. >> reporter: witnesses described him yelling, quote, hey, hey, hey, ho, ho, ho, before the crash. a pedestrian said he was going

incredibly fast. it was an incredible impact. he flew and then the strike skidded across the pavement. >> we have video and witnesses and we have film. >> reporter: video plays in court today shows the violent collision. drivers said he ignored stop signs and stoplights but appeared to swerve away from pedestrians just before the crash. an expert testifying for the prosecution estimated the cyclist speed at 32 miles per hour, 7 miles over the speed limit. >> the cyclist wouldn't be traveling that fast, wouldn't be doing what this person was doing, but if he got to that point, you would probably lay the bike down or do something else instead of saying i'm going to go through no matter what. >> the wee family seen here attended the hearing but declined comment. and the attorneys declined comment but half an hour ago they filed a motion to have the manslaughter case dismissed or reduced to a misdemeanor. they are arguing that evidence on the cyclist speed is unreliable and wee ignored also

ignored a don't walk sign and created an obstacle to vehicles. the judge will take that up tomorrow morning. david stevenson, ktvu channel 2 news. firefighters responding to a house fire in san francisco sunset district discovered a whole lot more than just flames inside. a large marijuana grow operation was also found in the home on 8th avenue between noriega and more egga street. investigators say they found at least 100 plants on all three floors of the house. these are exclusive pictures of some of the plants they discovered. investigators are now looking into whether the fire was caused by an electrical issue. >> a lot of times they circumvent the regular pg&e electrical power and there is large intensity lights and that can spark a fire. >> no one was inside of the home when the fire started and the investigators are trying to get in contact with the resident. the homes on either side of the fire suffered minor damage. one firefighter suffered a

shoulder injury and was treated later at the hospital. marijuana was at the center of a hostage situation in san francisco this morning. police say it started before 4:00 a.m. when four men stormed into a marijuana grow facility in it the bay view district. someone called 911 and police were able to arrest three men running from the building. a fourth man remained inside with four hostages. they were finally rescued at about 8:30 this morning. and then just after 10:00 this morning the suspect surrendered and led out of the building in handcuffs. no one was hurt. about a thousand marijuana plants were found inside. police say they have determined that that grow is a legal operation. the survivors of two men shot to death at a quarry in cupertino a year and a half ago have filed a wrongful lawsuit against the company where they worked. they said the man that killed them threatened other employees for months before he went on a shooting rampage at the lehigh

cement plant. the man later killed himself. >> these grown adult males were afraid of him, were going, running to management, to their supervisors, and it fell on deaf ears. this is could have all been prevented. >> in a recent statement the company said it will defend itself vigorously against any lawsuit but have no other comment. a lion is said to attack a volunteer at the cat haven sanctuary in the town of dunlap in the sierra foothills. this is video of the reserve. reports say the volunteer had gotten into the cage with the big cat when it suddenly attacked her. a fresno county sheriff's deputy shot and killed the 4- year-old male lion that had lived at that preserve since it was a cub. in the sierra tonight, between 12 and 20 inches of new snow and ken pritchett live at luke canyon. so what are the conditions like this evening, ken?

>> reporter: well, frank, right now it is just a couple of flurries coming down here and there. it was harder earlier today. and it looks like this, a ton of snow. but it is deceptive if you dig down just a little bit, you can see it is about 6, 7 inches of snow here at blue canyon. all of that came overnight. as for the roadways, they are mostly clear, but as you will see, a little tricky. at one moment you faced rain and ice. miles later it was snow. at times blue skies were overhead which would give way to gray storm crowds dropping flurries on the road ahead. >> classic spring storm, the classic march storm. >> chris has worked this interstate for 33 years installing chains and he said what makes it classic is how it snows and stops and then snows

again. and the chain controls move with it. we met chris at nyac. >> we were a mile pass the chain controls when we came across this. a pickup truck that skidded off the road. >> a little black ice or something, four-wheel-drive, we are carrying chains but they didn't stop and put chains on. >> brad is on his way to reno. his spinout an example of how a four by four can help you drive but not stop. the only thing hurt -- >> my pride and my four-wheel- drive. >> for those who made it up the mountain, one payoff could be found near the summit. a foot of new snow fell on the boreyal ski resort overnight. >> well it is beautiful. a lot of snow, a lot of fresh powder. >> reporter: well on our way up, at about noon, we had to chain up but we took the chains off at 2:00 on our way down.

as you can see right now, westbound interstate 80 is wide open. there are no chain controls in effect. however, that could change as the night goes on. at blue canyon, ken pritchett, ktvu channel 2 news. and there is more out there and where he is on the west slope, certainly more snow flurries and a winter storm warning up in the lake tahoe area through the evening hours. so here is the system i'm tracking. it is basically the heaviest rain went through last night. we are still getting scattered showers. you see it throughout the state. widely scattered showers and nothing well organized. real organized stuff went through last night at around 10:00, 11:00. we do have rain in the east foothills southeast of milpitas, all run off toward mission peak. it draws a lot of showers up there because of how high it is and how big it is. up toward american canyon,

south of napa, more showers and northeast of napa, more scattered showers. so we back out and we can take a look at the winter storm warning up on 50 and 80 and as ken mentioned, they are not chaining up on 80 right now. but there are still snow areas or snow flurries coming down and more moving up into the mountains. so as we come back or when i come back we'll look at the next phase of the system. because the low sent the fog through and now the real energy source is going to move through or close to the bay area later on tomorrow and that could bring thundershowers and more snow to the muns and rain to us. i'll see you back here in 10 minutes. >> and a reminder you can get the forecast any time by going to ktvu.com or by using our ktvu mobile app. a snowstorm in the nation's capital turned out to be less severe than expected. congress gaveled in a session but the house adjourned early. the area didn't see much snow, just hard rain and high winds.

>> this is just kind of miserable. because it is like really cold, but you don't get the reward of getting to go play in the snow and make a snow angel, it is just slushy and gross. >> more than 5 inches of snow hammered areas north and west of the capitol. the storm was dubbed snow- quester, a play on the recent sequestration. the house of representatives passed a stop gap measure that would avert a federal shutdown at the end of the month. it would fund the government through september and also keep the automatic budget cuts that took effect last friday in place. the bill passed on a largely partisan split, most republicans voted for it and most democrats voted against it to protest the sequester cuts. the senate is expected to take up the bill sometime next week. on wall street today, one day after the dow jones industrial average hit a new high, investors appeared to take a breather. the dow did add 42 to the

record and the nasdaq was off one, the s&p 500 gained a point and a half. today gabrielle giffords returned to the tucson arizona parking lot where she was shot in the head during a mass shooting two years ago. giffords and her husband mark kelly joined survivors and family members of the shooting to call for more gun control. gabrielle giffords and kelly started a gun control advocacy group and the goal is not to get rid of guns, but to ask u.s. leaders to make sensible laws. >> be bold, be courageous, please support background checks. thank you very much. [ applause ] >> the advocacy group plans to send leters to john mccain and jeff flake of arizona asking them to support universal background check legislation. thousands of people filled the streets of the valenzuela,

as a priest delivered a blessing over the casket of hugo chavez. it will remain at that military academy until his funeral on friday. he died yesterday, two years after he was diagnosed with cancer. the official mourning period will last for a week. former police chief of new york and los angeles has started a controversial stop and frisk program and it is working for the city of oakland and coming up you'll hear the plan of keeping the city safe. and legal or not? the battle heats up over the states and legalizing marijuana. how the government is responding. ...and now... you! [ giggles ] ♪ the one and only, cheerios

♪ [ engine revs ] [ female announcer ] small... [ engine revs ] wicked... ♪ and now... ♪ topless. ♪

the fiat 500 abarth cabrio. ♪ we continue our coverage now of the breaking news that we first told you about at the top of the newscast of an apparent homicide taking place in san jose. this happened more than an hour ago when police got a report of a man who was found stabbed to death here. news chopper 2 is above the area at guadalupe oak grove

park. again we are continuing to follow this apparent homicide, taking place in san jose as we get more information, and we'll be certain to update you. the new consultant tanked with taking out oakland's crime plan, and former l.a. police chief bill bratton talked about the issues and what he needs from city leaders. >> officially on the payroll here and the press conference just wrapped up a little more than half an hour ago. he came into town on sunday afternoon, so he's been here 74 hours he said. and since then he has met with the mayor and different city officials. he's toured the city of oakland and he came across a murder scene and then since then he said a few hours later a retaliatory shooting. he said the department heads are helpful and workable. he said this is not his first time in the city of oakland, he came here when jerry brown was the mayor and since then he's talked to the current governor about the plans of what he can

do as a city. he said three things he wants to focus on is new technology and cops working with other agencies. they said the license plate scan is doing well and social media. he said he is targeting homicides, robberies and burglaries. and the chief said this is exactly what the city needed. >> we asked for his assistance in terms of of helping us develop a short-term crime prevention plan. bill is here to work on our cop step model to help us address our homicides, our robberies and our burglaries. >> i think this is a very winnable situation here in oakland. i think there is a lot of opportunity here to make some early gains. >> now he said his team will bring a fresh perspective to the city with a fresh set of eyes.

he'll talking about how he is impressed with the city and the stop and frisk program coming up live at 6:00. ktvu channel 2 news. the medical examiner now says a uc santa cruz student who died after falling, was killed from blunt force injuries that happened during the fall. the man was found last wednesday at the bod the -- at the bottom of a ravine. police are investigating how or why he fell but they do say no foul play is suspected. another company is now telling employees they can no longer work from home. best buy said all of the corporate employees must now spend 40 hours a week in the office. up until now they could work at home and were judged only on their performance, not how many hours they actually worked. this rule change comes one week

after yahoo also banned telecommuted. stay tuned -- about recreation marijuana. eric holder had a chance to declare his position on colorado and washington, two states that have legalized have minor amounts of pot. holder said the justice department is still working on a response. >> i suspect we'll have an ability to announce what our policy is going to be relatively soon. >> it is still against federal law to spoke marijuana. given budget constraints it was said there are more serious things to deal with than minor possession of marijuana. a block on the kentucky lawmaker, and was joined by one senator. senator paul is demanding that the obama administration issue a statement saying drones will not be used in the u.s. to kill terrorism suspects who are american citizens. harry reid said he plans to

file a motion tomorrow to bring debate to an end. today ala meet as police chief said he is retiring. the retirement comes after 27 years with the department. the final day is june 1st. according to the city manager, noonan will act as a consultant to the city during the following six months to aid in the transition. if felt more like winter around here than it has in the last couple of days. let's check in with our meteorologist bill. what is the rest of the week going to be like? >> we are headed for more unsettled weather. january didn't offer nothing and really did february. the last 24 hours does feel a little bit like winter. we have some big wind and some rain. the rain was okay, not a bad amount. up to an inch of rain -- up to an inch of rain. it is traveling across the bay

area and flushing east of san jose and the east favals -- foothills and it is light up here toward napa and american canyon, something going on there but not a lot. things have tapered off. this was a fast-moving weather system. it flew through here and the rain and wind picked up, in close you can get a feel for the rain. our rain is just south of union -- or american canyon, pardon me, up by devlin road. but the showers are light right now. and the showers will taper off tonight and then they get -- and then they get a second life tomorrow. i mentioned the winds. it is kind of windy, but at about 1:00 or 2:00 in san francisco and in oakland we had wind gusts up to 40 miles per hour, at san francisco airport, 32 in hayward and on the mountain tops, wind gusts over 40 miles per hour so they were really blowing after the storm came through.

a advisory down around the big sur area and south but they are looking for snow at low elevations, and they could see six inches above 3500 feet. it gives you an idea of the wintriness of this storm. that warning is in effect until 10:00. so if you are traveling, and kenny was up there saying there are to chains required on the 80 but that could change as the impulses rotate through. i'm talking about this system. this is the computer model. this is tomorrow morning at 9:00. and here is the system. the front went through but the thing that made the front is here. the real energy is here. and it is kind of hanging off shore and spinning like this so tomorrow morning -- morning at 9:00 a.m., moisture thrown at us. when the low cuts off it changes the forecast dramatically. so this is what i'm tracking. when i come back, this is tomorrow afternoon. we have more showers and a chance of a thundershower. when i come back, i'll show you where the low goes and how quick it gets out of here and how warm we'll get if we dry

out. coming up, sad news about a well-known television star from the 70s. what doctors just discovered last month and how long they say she has to live. plus an admission today from prosecutors in the shooting death of florida teen- ager trayvon martin. they are now saying that their star witness lied under oath. new at 6:00, going door to door. >> sheriff's office. >> the unnerving information given to some bay area residents about their potential new neighbor. plus a violent, vicious age- old assault on animals continues. >> the latest on the investigation into the roosters found in a california home. and taking a stance against discrimination, lear -- hear more about the efforts of certain students being excluded tonight on ktvu channel 2 news at 6:00. [ male announcer ] subway introduces the new $3 six-inch select!

this march, we're kicking things off with the low fat oven roasted chicken $3 six-inch select. it's available all month long as one of our march featured values, the newest way to enjoy subway every day! subway. eat fresh.

so if you are 50 or over, bay area researchers have developed a test that can predict how likely it is that you will die in the next 10

years. it is called the mortality index, it was developed at ucsf. each of the 12 items in the index is assigned a certain number of of points. some of the bad signs are difficulty walking several blocks, smoking or a current or previous diagnosis of cancer. researchers say the index is mostly to help doctors decide if expensive health screenings or medical procedures are worth the risk for patients who are unlikely to live ten more years. the actress who played on tv, just wants to live. valerie harper told people magazine she learned in january that she has terminal brain cancer. the report said that doctors have told her she has as little as three months left to live. harper's character first appeared on the mary tyler moore show and later given her own spinoff show called roda.

prosecutors in the zimmerman case admit someone lied under oath. zimmerman claims it was self- defense. the witness who lied is martin's girlfriend and she was on the phone with him the night he encountered zimmerman. prosecutors say the young woman lied about her whereabouts following martin's death. they did not respond to questions about the witness' credibility and how this may affect their case. this san francisco neighborhood was under water last week. today the mayor comes to the area with tough talk for insurance companies. well the next chapter in the 49ers new stadium project, will it include a superbowl? how san francisco is helping land football's biggest game.

this is ktvu channel 2 news at 5:00. frustration grows in a save neighborhood where -- in a san francisco neighborhood where more sinkholes have appeared. the message from the mayor. he met with residents dealing with the damage, but the daytonaing process of trying to repair their homes. john is live now to tell us what the mayor pledged to do. john? >> hi there. this neighborhood was up to its knees in floodwaters last week and is now filled with people upset by how their insurance companies are treating them and today they heard from their mayor who will go to bat for them. >> [ inaudible ] >> san francisco resident arturo torres showed us the damage caused by last week's water main break and flood. he said he sustained losses up to $80,000 which his insurance

company will not cover. >> i feel very frustrated, depressed, i guess, because we lost it. >> the insurance company denied the claims, saying it is the city's responsible. the water main broke, damaging 23 homes, three of which are now red tagged. >> it was like a street tsunami. >> it is like hell. and i slipped and all slipped up. >> and this man's home now has a sink-hole like cavity in his garage. >> we were there as the mayor reassured residents at a local restaurant. but he was peppered with questions, including one about an initial 911 call that allegedly went unheeded for 45 minutes. >> the scariest part is everyone is sleeping through it. that is what was rough. >> this should not occur if there was such a delay as

described. >> and the mayor chastised insurance companies. >> that insurance company hides when a catastrophe happens. do businesses in our city want good companies or bad companies. >> they want the city to cover everything now and be reimbursed later. more on our developing news from san jose where a body was found inside of guadalupe oak grove park. you are looking at police crews and investigators on the scene, looking for evidence in this case. the body was found probably 90 minutes ago. police say that the person had been stabbed, we believe that the man was either in his teens or his early 20s. we're working to get more information, but it is hard to come by. as soon as we do get more information we'll pass it along to you but the headline right now, a body found stabbed to death inside guadalupe oak grove park inal madden valley

late this afternoon. and a bullet was discovered on a plane after it landed in sacramento. the southwest flight from phoenix landed after 9:45. after all of the passengers had gotten off, a flight attendant found the bullet. the tsa did a full sweep of the aircraft and couldn't find anything else suspicious. authorities don't know how long the bullet was on board or where it came from. >> it is a rare call. it is the first call i had where they found a round itself. >> and also a loaded gun was found this morning in a bag. the man did have a concealed weapons permit but he said he forgot the gun was loaded and in his carry-on bag. he was not charged and investigators say the two incidents are not related. a man who was arrested for robbing banks in san francisco six years ago has been arrested again, this time in florida. 31-year-old roy lacey was booked into jail this morning in orlando. he's accused of robbing two

chase banks in the area and is now facing charges of robbery and grand theft. back in 2007, lacey admitted to robbing three u.s. bank branches in san francisco. the victims of a double homicide in oakland have been identifies. 28-year-old knowy garcia and trisha ford were killed on saturday morning. police are still investigating how the two knew each other and what they were doing in the area. no arrests have been made but a $20,000 reward is now being offered in this case. the san francisco district attorney announcing today that an alleged drunk driver will be charged with three felonies for killing a pedestrian over the weekend. 28-year-old kieran brewer is accused of driving under the influence and hitting lowell high school student chang who was celebrating her 17th birthday. she was struck on sunday morning as she walked across the boulevard near forest view drive. brewer faces up to ten years in

state prison if convicted. the california high-speed rail board has deferred a vote on a new agreement with caltrans and several other bay area partners. the board was one vote shy on approving the agreement that would scrap plans for a four- track project on the peninsula and instead keep the project on the existing cal tran tracks. three of the six board members voted for that agreement, one voted against. five votes are needed to ratify. but one board member was out of town today. the rail board plans to take up that agreement again next month. a new push today to get the superbowl to be played in the new 49ers stadium under construction in santa clara and this time the push involves the mayors of three key cities. joe fonzi explains why that is so significant. >> reporter: it was a united front of bay area mayors who met with the media today on the construction site of the new 49ers stadium in santa clara. the san francisco mayor ed lee,

santa clara's jamie matthews and san jose's chuck reid talked about a effort to land the superbowl. that kind of inter-agency cooperation hasn't been present after they decided in favor of the south bay. >> i've turned the page on the 9ers building the stadium here. in fact i'm glad to see this going as well as it is, because it is really a commitment to the economy of the whole region. >> we have one of the largest, most important economies in the world. san jose is excited about it and we are happy to participate and we are looking forward to filling up our hotels and restaurants and facilities with people here to visit the superbowl just like in san francisco, and santa clara and many other cities around the area. >> reporter: 95% of the structural steel is already in place. as of today, the entire project is described as 35% complete

and on time for its scheduled opening, the beginning of the 2014 season. three metropolitan areas. the bay area, south florida and houston will be bidding for two future superbowl venues. the the bay area group figures it is time for one of the world's biggest sporting events to return to northern california. >> you are talking about from napa down to monterey, one of the best places in the world and hopefully a long-time host of a superbowl for many superbowl events to come. >> it has taken construction crews just about a year to get the 49ers new stadium this far along. in a little more than two months, mid-may, the bid committee will know whether or not this will be the site of superbowl 50 or 51. in santa clara, joe fonzi, ktvu channel 2 news. caught on camera, into the water goes a transmission line. there it is. what happened right before it collapsed. and getting closer. the steps being taken today at

the vatican to prepare to choose the next pope. ♪ roundup

♪ i want a weed free season, that's how i roll ♪ ♪ so i reach for roundup extended control ♪ ♪ with the all-new, no pump, one-touch wand ♪ ♪ it kills weeds dead and keeps weeds gone ♪ [ whip cracks ] ♪ roundup extended control ♪ i just spray them weeds, then spray them cracks ♪ ♪ the weeds are gone, and they won't be back ♪ ♪ driveway, patio, i just spray once ♪ ♪ and it's adios weeds for up to four sweet months ♪ [ whip cracks ] ♪ roundup extended control [ male announcer ] roundup extended control ♪ yeha

with the new one-touch wand. [ whip cracks ] kate on tape, watch this -- caught on tape, a power line transmission line falled into the bay in oregon. it fell when a crane helping to construct the tower collapsed yesterday, fortunately no one

was hurt. repair work is expected to begin tomorrow but it is possible the project will be delayed. police in new haven, connecticut, are looking for a man who tried to rob the local dunkin donuts and he got more than he bargained for. this is surveillance video from inside of the store. police say saturday night the man told the server at the driveup window he was robbing the place and then tried to call through the window so the worker hit him with a cup of coffee and then through the entire pot of coffee on him. that's when the man gave up and took off. >> he did get some coffee. now what went wrong with a f-35, after a crack was discovered on an engine fan blade at edwards -- edwards air force base in southern california. they said heat caused the crack because the plane was flown too long at high temperatures.

cracks were not discovered on other f-35s. cardinals have began meeting but the conclave has not started yet. today the cardinals met to get better acquainted and outline who they want to succeed pope benedict xvi. the conclave cannot begin until all cardinals can arrive and they are still waiting on one but there is no hurry. >> there is no desire to rush things and take this time for discernment and that's been evident in the meetings thus far. >> the cardinals are hoping to have a new pope in place by palm sunday which is march 24th. the case of a stolen yacht has taken another turn. why prosecutors are only going after one of three people on board and what the other two had to say to us when they got out of jail. keep the umbrella's handy, we have showers on the way and maybe a thundershower and more snow in the mountains. stay tuned, your timeline for rain on thursday.

new at 6:00, going door to door. the unnerving information given by a potential new neighbor. plus a violent, vicious age- old assault on animals continues. >> the latest on the investigation into the roosters found in a california home. and taking a stance against discrimination. hear more about the effort of certain students not being excluded, coming up on ktvu channel 2 news at 6:00.

good. no, not good. he's a vegetarian and he's going to be here in 20 minutes! [ mom ] don't stress. we can figure this out. ♪ [ male announcer ] get the speed to make a great first impression. call today to get u-verse high speed internet for as little as $14.95 a month for 12 months with a one-year price guarantee. this is delicious. ♪ [ male announcer ] save the day in an instant. at&t. ♪

we have new information tonight about the stolen yacht from the sausalito. a man from wyoming is locked up on more than a million dollars bond in connection with the heist. but the other two people on board with him, they just walked out of jail. eric rasmussen spoke with them and he is live with what they had to say. eric? >> reporter: well this man and his girlfriend said they had no idea that yacht was stolen. they walked out of jail here this afternoon because prosecutors decided to charge only the man they think was behind this unusual heist. >> what is a $2.2 million yacht

like? >> oh, man, it beats gilligan. >> 54-year-old dario mira of santa cruz said it was quite a ride but insists he didn't know the $3 million yacht was stolen, even after they got stuck in shallow water in paska on -- pacificca. mira said the boat belonged to a friend. >> he called someone to have a key and that's why it seemed legit. >> reporter: today gardner on crutches appeared in court to face charges of grand theft and vandalism. prosecutors believe he is the only one responsible for stealing the yacht from sausalito harbor. they say his two passengers were duped. >> i think he asked them if they would like to go for a ride or go out for a sail and that they were having a party on the boat. they were drinking and eating. >> today mira told us that

included smoked salmon and line eckin. there were no charges against mira, who told us this is his first time in jail. >> it was an experience, i don't ever want to experience again. >> his girlfriend lisa was also released with no charges, just in the last hour or so. she was clearly upset and said she didn't know the boat was stolen. today a judge set leslie gardner's bail at more than a million dollars. she said the amount of the damage to the boat was a vaccor -- was a factor. it was insured for $4.2 million. a colorado man made his first court appearance today to face charges in a triple homicide case last month in sonoma county. mark william capello is accused of being the trigger men who gunned down four men. he is said to kill them during a marijuana deal in a rural home.

prosecutors haven't decided if they will ask for the death penalty. two other men are also being charged in the case. a detroit prius may be responsible for a explosion and fire in a condo. it was charging in a garage where there was an explosion just after 6:30 last night and that resulted in a fire that spread to the rest of the condo. one person was inside and did get out safely. investigators think a problem with the charging system may have been what started that fire. new questions are surfacing in washington, d.c. about the use of military drones on u.s. soil. senators questioned attorney general eric holder today about drone attacks, during an oversight hearing. he didn't rule out a scenario on which a drone strike would be ordered on u.s. soil but he said it has never been done. holder said it would be unconstitutional if the person did not pose an imminent threat. >> if this person sitting at the cafe, not doing anything, the use of lethal force would

not be appropriate. >> holder also said the administration rejects the use of military force, where law enforcement authorities provide the best means for taking out a potential terrorist threat. menlo park has been selected for the u.s. patent office new home in silicon valley but it is a temporary location. the department is considering a number of cities, including san jose, to become the permanent home for the patent office. the temporary office is in a vacant office space in menlo park, in the same building as the usgs. finalists for a permanent location are set for next month. it looks like nor wet weather is headed our way. to find out if it will be like yesterday let's check in with our chief meteorologist bill martin. >> so the front went through and through the low center. and it will slide by the bay area. i'll show you on the computer

mod nell -- model in a minute. you'll see some light amounts, but kenfield almost an inch of rain. the numbers were greatest in the coastal hills like an inch and a half in boulder creek. so along the coastal hills we have significant rainfall. but toward fairfield, you are at a tenth of an inch. so snowfall in the mountains right now. we have some widely scattered showers outside right now. but as you can see, it is not really that amazing in terms of coverage. as a matter of fact, these scattered showers will continue tonight. so in this case, the napa system, just a few sprinkles there. as we go through the night, be prepared for maybe rain drops and maybe something more than that, but not much. it is the dynamics of sitting off shore and they will represent themselves tomorrow afternoon. the dynamics, the lift and stuff you need to get rain and that could bring us a chance of a thundershower tomorrow. tomorrow we have the continuing chance for a shower and tomorrow a chance for a thundershower as this system works its way down the coast.

it doesn't go that way that often. so here is the system now. here we are tomorrow morning at 10:00 a.m., cloudy, the morning commute is fine. and then here we go and see how it is spinning and wrapping the moisture around and we have showers showing up in the bay area at about 3:00. and there is enough of the dynamics in here, with this low center, it wouldn't be hard to get a thunderstorm in a place like half moon bay or santa cruz. but by 8:00 it is going down the coast. so it would be nice if it moves through but it looks like most of us will stay dry and by 3:00 or 4:00, a chance of showers or thunderstorms showing up. and then the system clears out and then friday at 4:00, more wrap around moisture and maybe something out there by vacaville, out by fairfield, by davis. so forecast highs tomorrow, a lot of 50. the five-day forecast, shaking out like this. the thunderstorms -- this is the type of pattern, that if it

does move on shore, we'll get thunderstorms. so we'll watch it, right now it looks like it will stay off shore. >> we'll see you again at 6:00. thanks, bill. a new opportunity, the push to bring more -- more housing to the area.

star wars fans say they can't wait for episode 7, 8 and

9 of the famous film series and tonight there is more excitement because of news from the ceo of disney. he told shareholders that disney is developing some stand- alone movies, focused on individual star wars characters. however he did not say which specific characters would be in those films. and a non-profit group announced today it it is helping to keep affordable housing in san francisco. jane king and the san francisco land trust held a news conference this morning. they purchasing a building south of the market neighborhood. >> this is a small success but they add up in the south landmarket and for these five units and for these families, this is a huge success for them and those who will come and live here after them. >> the san francisco land trust said the purchase of the building blocked private investors from buying it and

forced the current tenants out due to higher rent. the mars rover will tunker down -- hunker down to ride out a solar storm. nasa scientists noticed that a burst of energy from the sun was sending radiation and heat to mars. so to avoid damage, they will put it in sleep mode until it passes. it is not expected to affect earth. 7 missing men who disappeared when their fishing boat capsized in the sea of cordez, according to one of the daughters of the men, the mexican government has completed their investigation and may release it soon. the men, several of whom were from the bay area, went missing in july of 2011, remains were found at the crash site but were classified as evidence. so the families have not been able to positively identify them. solar city is reporting a bigger than expected fourth quarter loss. the solar rooftop installer

posted a fourth quarter loss of just over $3 million or $1.10 a share. analysts had expected a loss of only 49 cents a share. solar city was founded in 2006 and is one of the nation's leading installers of roof-top solar panels on homes and businesses. a door to door warning for residents in one contra costa county neighborhood. coming up in two minutes, the sexually violent predator about to move into town and the efforts to try to block him? and drug experts find another illegal operation in santa rosa. the challenge in filing charges for the suspected cock fighting ring.