complete bay area news coverage starts right now. this is the 10:00 news on ktvu channel 2. >> draj deon the tracks. a bart train strikes and kills two workers near an east bay station on day two of the transit strike. >> bart emergency, bart emergency. we just struck some individuals. >> our hearts and prayers go out to the families of two workers who have just been killed. >> tonight federal officials have taken over the investigation into those two deaths as safety questions surface. good evening. i'm heather holmes. the nation's 5th largest transit system into a state of

shock tonight. bart officials led by general manager grace expressed sadness of the loss calling what happened this afternoon near the walnut creek bart station a tragedy. the train struck the two victims near jones and walden roads as the two were inspecting the tracks. live team coverage. debra has reaction from union officials. we begin with noel walker. >> reporter: we're now more than 8 hours after that deadly accident and bart police and investigators are still here at the scene. earlier today, bart's director of operations called it a tragedy of greatest proportions. with bart on strike, most trains weren't running today. but one train that was running brought a system already at a standstill to its knees. >> our hearts and prayers go out to the families of two workers who have just been killed on the bart tracks. >> the bart train was returning

to concord after bringing graffiti cars to be fixed. at 1:45 happened. you can hear the breaks screeching. >> bart emergency, bart emergency. we just struck some individuals. >> from inside his house across the street, gary knew something was wrong. >> i heard the wheels screeching. >> do you hear that often? >> no. it goes smooth when it drives by. not today. >> bart says 6 people were on the train which was being operated in automatic mode. their own media released said an experienced operator were at the controls but when asked who they knew was operating the train. >> no we don't. >> one was an employee. the other contract worker . both said to be experienced track workers. they were checking out a report of a dip when the train hit them. they were working under guidelines of simple

approval procedures. >> which essentially means they are to stay clear of the track way. not interfere with main line operations and be able to clear the operating envelope. >> two individuals working in that area performing inspection. >> and how to keep it from happening again. >> so looking at the communication before this accident happened is going to be key. bart says the two workers who died were so experienced. they've done this kind of work hundreds if not thousands of times before the last time they did it today. reporting live noel walker, ktvu channel 2 news. >> tonight the national transportation safety board announced it will be taking over the investigation, sending a pair of rail experts to the accident scene. bart striking unions pulled down picket lines

and refrain from picketing tomorrow as well. team coverage continues with debra. more insight into what went so long today. >> reporter: bart's control center is here at lake merit station. this is where the emergency call came in and where memorial candles are burning tonight. >> two individuals working in that area. 13:47 is your time. >> within minutes it would be horribly clear, two men killed instantly by a train moving about 50 miles an hour. >> one of the employees is a member of local 3995. >> a very small union. mostly middle managers. some members working as larger union strike. >> we're saddened to say we've lost a good friend, family. >> it's not the time to second guess what happened.

>> we're not here to talk about work. two men are dead. this is an extremely tragic situation. >> at seiu headquarters, faces were grim. union leaders have been vocal. few would comment today. >> sounds like they didn't have the right training. that's what i think. >> workers dropped their picket signs but didn't men's words. >> five years ago a bart track inspector was struck and killed two miles from here. cal osha fined bart for overgrown shrubbry. when an employee working on the tracks. >> any tracks in any direction and understand. >> they confirm they'll be alert. one working, one

watching. >> that message minutes before the accident suggests no personnel. >> this is a very serious subject for me. >> this long time trainer for bart who taught both victims says bart's labor strike failed in proportions to the loss. >> very low keyed and even keeled folks. and sorry to hear what took place today. >> reporter: this evening, bart workers who had been picketing here lit candles in a brief vigil for the victims. and they plan two more tomorrow night at 6:00. both here and the station at west oak land. ktvu, channel 2 news. >> bart has said there were 6 people on the train at the time of this afternoon's accident. do we know why? >> reporter: we do know that bart has been working on getting

managers recertified to run trains during a strike provided the board wants them to and get live train experience. there is talk that that's what was going on that these were managers getting training and orientation. >> thank you. obviously, something that will be discussed in the coming days. more details now. the most recent fatal accident involving a bart worker happened five years ago. jim obstetric land was struck at the site of today's accident. bart electrician robert roads was killed in san francisco. and in 1974 a worker died when a train hit a maintenance vehicle kchlt and in 1973 a bart worker was killed near hayward. the small union contains 220 supervisors and professional

staff. members are not on strike but participating in negotiations. and the union says most members refuse to cross the picket lines. local 3993 issued a statement tonight their hearts go out to the families of the workers. the tragedy pushed the tense negotiations between bart and unions out of the spotlight. tonight there is no sign the two sides will return to the bargaining table, making tomorrow the third day without bart. earlier today, atu president told reporters that the union is planning to put bart's last, best and final offer to a vote. she expects atu members will reject that offer. on thursday, bart offered workers a contract that offers 12% raise over four years. bart's unions want 16% pay raise. at this point there's no word of any talks between the two sides and if the strike will continue.

members of seiu said they saw picketing after today's accident. the other union on strike said members will not be picketing tomorrow out of respect for those killed. stay here with ktvu all weekend on the latest for bart strike. we'll post all events on facebook, twitter and ktvu.com. now to another transit contract dispute. a public hearing is set for monday in oakland about the ac transit strike. what affect the strike would have on the community. both labor leaders are scheduled to make presentations then. last wednesday you may remember brown asked the board to regular. it has up to 7 days to look into the matter and recommended a governor whether or not he should ask for a 60 day cooling off period. heart break upon heart

break. that's how lynn spalding's family responds to a report of her death. her body was found in a stairwell at san francisco general hospital back on october 8th. the san francisco chronicle is reporting an orderly saw a woman passed out in a fourth floor stairwell a week before the discovery of her body. the paper says the orderly stepped over the woman twice before telling the nurse. what happened after that is not known. the family has now hired an attorney. police are searching for a home invasion suspect. the robberies took place last night. according to police, the man forced the victims into the apartment and held them up at knife point. the suspect is described tonight as african american in his 50s. five feet seven inches tall.

gray hooded sweatshirt and black pants. officers were told he's been seen in the past. fairfield police are asking the public to help identify a possible suspect in the robbery of an elderly woman. a surveillance camera captured this image of the man. the woman was later robbed in the driveway of her home in early september. anyone who recognizes this man is asked to call fairfield police. >> we'll tell you what the family of a 2 year old who was shot yesterday is asking for tonight. >> and it could be the biggest penalty ever paid -- >> we'll tell you what the family of a 2 year old who was shot yesterday is asking for tonight. >> that's hillary clinton as she hits the campaign trail. more coming up next.

in oakland tonight, prayers for a little boy shot by a stray bullet while playing outside his house. talked with the toddler's family about yesterday's shooting and what they want to happen now. >> reporter: the family of 2 year old jackson says he is in the fight of his young life. grandmother says he is making progress one day after being shot near the intersection of 95th avenue and sunny side in east oakland. >> he's blessed. he's doing better than

what he was yesterday. he's still in critical condition right now. hard to breathe but he okay. >> the boy was struck by a bullet from a gun battle two blocks away. tonight the family is asking for the shooter to come forward. >> whoever did this to my grand baby, please come forward and give y'all self up. you are going to be found. >> family members are asking for witnesses to step forward. >> if they know anything. if y'all saw anything , come forward and let someone know. you don't want to go to the police, come tell the family. >> oakland police are hoping for the right tip to find the shooter. ktvu, channel 2 news. >> law enforcement k-9 has been released after being shot during a pursuit. chasing a suspected car thief through a field yesterday morning when the suspect opened fire. that dog suffered a collapsed lung but no

other organs were hit. that suspect shot and killed himself moments after shooting the dog. protested the eviction of a long time san francisco resident and pushed for changes to a state lawmaking it legal. >> demonstrators gathered in front of the castro district home this afternoon. michaels who has aides has rented the home for more than 18 years. he received an eviction notice of the owners of the house. that law allowed landlords to remove the property from the rental market. they planned to convert the building into a single family residence. try to get their house payments reduced. the non-profit neighborhood assistance corporation of america is hosting a free mortgage modification. representatives from 15 different banks and financial

institutions are on site. they are prepared to negotiate and approve a lower monthly mortgage payment for struggling homeowners. >> we figure out what your payment. you go to your bank and get that approved on the spot. >> more than 2,000 homeowners preregistered. people are urged to sign up online ahead of time. you can also walk into the convention center and go through the process without registering. >> jp morgan chase will pay $13 billion to settle a justice department investigation sold before the housing crisis. once finalized, it will be the largest penalty ever paid by a single company. besides fines and penalties, also includes $4 billion for consumer relief. the deal was not resolve a separate criminal investigation. the city of napa rejected a settlement offer from the music

festival. aftered to pay the city more than $14,000. 75% of what is owed to the city. owes more than $106,000 following the festival back in may. promising to keep tuition costs within reach of california families. the former head of homeland security is touring the system. uc will do everything possible to keep the university affordable. her presented says sore struggled over cost during the state budget crisis. republicans continue to attack the affordable care act in the wake of continuing web site problems. >> everywhere you look there is more evidence that obamacare was broken even before it started. and while our citizens bear the

brunt of the law, seems like big corporations and special interests have gotten exempted. even members of congress are getting prefer ren shl treatment. coveredca.com. the associated press reported today more than a half million applications have been filed for the federal program. hillary clinton hit the campaign trail to endorse a long time friend. looked as if she were the favored candidate. >> hilary. hilary. hilary. >> clinton endorsed terry. the former secretary of state went on to rail the republicans placing blame on the gop for the 16 day federal government shut down. >> we have seen examples of the

wrong kind of leadership. when politicians choose scorched earth overcome on ground. when they operate in what i call the evidence free zone. >> there has been speculation clinton will run for president in 2016. made no out right statement that would confirm or deny presidential intentions. al gore may have not invented the internet but tried to buy popular networks. the former viez president said he and former tv founder tried to buy twitter. even though the deal fell through, he is bullish on twitter. a 9 year old girl says she's not letting her disability come between her and her dreams. that includes cross country running. check this out.

heaven is blind but with the help of her special education teacher, she has trained to run with a cross country team. now she's able to compete alongside her seeing classmates. >> it's just brought her so much joy and i see herself determination. and she's printout of herself. i know she is. she's so happy to be able to doing something that everybody else is doing. >> heaven calls her instructor her inspiration. and he and heaven have a bond almost like a father and daughter. a boy scout leader is in trouble tonight. why safety played a part in their decision to topple over a decision. back in custody. the tips that led to their capture. >> another warm day across most of the bay area. coming up, the fog will be first thing tomorrow

morning and let you know if we have rain drops in the five day forecast. [ male announcer ] you can change your tomorrow if you do something today. and there's never been a better time because this year, devry university has $45 million dollars in need and merit-based scholarships and grants available to those who qualify. and this degree can make a difference.

in 2012, 90% of devry university grads actively seeking employment had careers in their field within 6 months. now is your time. apply by oct 28th and find your career success in the bay area. visit devry.edu.

for that, a trio of boy scout leaders may face felony charges after one of them toppled over rocks at utah state park. they did it because the rock was unstable. park officials were upset as the rock formations date back $170 million. no one has been hit by a falling rock. >> another train explosion in canada as a train carrying crude oil and petroleum derailed. the accident happened overnight in

the small town of gainford. the town had to be evacuated. one ee vac ee says her son's house was close to the fire. . >> the whole backyard lit up. it was pretty scary . a friend of ours their house burnt down. the railroad car ended up in the yard. >> there are no reports of any injuries. you may remember back in july, 47 people were killed when a train carrying oil derailed in quebec. the rail company's chairman blamed the train's operator for failing to properly set the hand breaks. two convicted killers are back behind bars after they escaped using forged documents to get out of prison. the two were taken into custody without incident. used fake documents

to secure the release. the second man 10 days later. three days after their release where they were fingerprinted, photographed as required under the law. authorities learned when they were contacted by a murder victim's family. an 8th arrest to tell you about in connection with an attack on an suv driver in new york city. a group of bikers attacked a driver forcing him to stop and surrounding his car. plowed through the crowd running over and injuring one of the motorcyclists. the bikers chased the driver pulling him from the vehicle. were you present of those arrested is an under cover police officer. a mystery to tell you about where the search is on for the biological family for a 4 year old girl found living with a couple.

this is a photo of the little girl. spotted peaking out from under a blanket. police carried out a sweep for drug traffickers. the girl's mother could not raise the child and gave them the girl shortly after she was born. police arrested the couple on suspicion of kidnapping. a dna shows the child is not related to the couple who has been raising her. today same sex couples were lining up to apply for marriage licenses. >> all this true? >> yes. >> put your hands down. >> the first couple said really didn't plan it that way. they just wanted to be early cause they hadder ands to run. same sex marriages can proceed. it will be the 14th u.s. state to allow such unions. the first weddings are expected to happen at the stroke of midnight, monday. tense moments at the mexican boarder. what led to a high speed police chase and shoot out. the bart strike is

felt from the kitchens of saint anthonies to the nike marathon. how people in the bay area are managing without the trains running. they are small, nary and gaining in popularity. the housing craze catching on right here in california.

we're turning now to our top story. the deaths of two workers struck and killed by a bart train near the walnut creek bart station. the two were on the track looking for a reported dip in the rail when they were hit just before 2:00 this afternoon. the agency says the train was under computer control at the time. bart is not releasing the names of the bart employee and contract worker who died. we are told the bart worker was a union member. the ntsb is investigating. now to our continuing

coverage of the on-going bart strike. taking a live look at the bay bridge toll plaza where it's been slow going but take a look at this live picture actually moving along. major back ups have been reported throughout the day. and traffic was pretty heavy crossing the bridge heading east today as well. another day without bart. it has not been easy getting around the bay area. more now on the changes that drivers have had to make and the impact of the second day of the strike. >> at saint anthonies in san francisco, there were plenty of mouths to feed. a group of 25 from the east bay couldn't get here at all. others had a hard time. >> usually pick up bart here. >> they serve 3,000 meals to the under privileged each day. they put out the call for new volunteers. >> i live close by and it worked out well.

for the nike women's marathon. >> between the super shuttle and uber. >> let me rent the car. >> locals were scrambling too. >> given the crowds we're going to leave early. >> didn't appear to keep crowds away from the treasure island music festival. didn't have time to change the shuttle. the pick up location at the civic auditorium had been strategic and nothing planned for the east bay. >> people are figuring out how to get here. more people taking taxi's. >> this group decided to charter own party bus. >> we don't even mind. >> when bart strikes you have to think fast. >> too soon to tell whether the strike will affect attendants here. tickets were sold out today. there are some tickets available tomorrow. ann ruben, ktvu channel 2 news.

>> officials with the san francisco bay ferry service say they are seeing a huge jump in riders. 3400 people took the ferry this morning. that's compared to an average weekend morning with a rider ship of 1600. the ferry service added an additional boat through sunday evening. ktvu.com has tools to help you get around this weekend and next week if the strike persists. you'll find transit schedules and more right on our front page at ktvu.com. the disgraced former mayor of san diego was book add into jail today. pleaded guilty on tuesday to false imprisonment and sexual battery. he was booked and released this morning and did not have to post bail. in december he's expected to receive a sentence of three months home confinement.

a chase ended at the mexican boarder. the highway patrol chased that silver car believed to be stolen in riverside county. the chase reached speeds up to 100 miles an hour. u.s. boarder agents opened fire on the driver. officials said the man was alone. his name has not been released. from skinny lattes and skinny jeans to skinny houses. adam reports how a new type of house is getting really popular with young buyers. >> it isn't the house you grew up in. it's not your parents house. >> it's a small lot house. a tiny trend started in los angeles and building up across the west. >> we think it appeals to young professionals. a lot of college educated right out of college who probably don't have kids yet. >> the nary homes are stacked two to three stories high and

range from 1 to 2,000 square feet. you don't pay high fees or share a walls, you do share lot space. >> there's no per se, kind of traditional yard. but there's all these creative things that happen with the space because you can go vertical. >> by taking the cost of the land and subdividing it, it creates for more affordable housing and creates, again, a new market that didn't exist before. >> some traditionalist oppose the homes saying it hurts the character of older neighborhoods. >> a things that are getting more crowded. and more crowded than people were used to. >> supporters argue the little houses can have a big impact. >> when you are taking one lot that housed one family, that's three more buyers in the community that can go down to the local coffee shop and the

local restaurant. >> there are plans to build the homes. how popular are they? >> more than 250 skinny homes will be built at a price tag between 500 and $800,000. >> that was adam housely. skinny indeed. on the auction block, how much someone paid for this violin. it's no ordinary violin. the one played as the titanic sank. feeling a bit more like summer fan fall. we'll let you know if this warm weather will stick around. [ male announcer ] you can change your tomorrow

if you do something today. and there's never been a better time because this year, devry university has $45 million dollars in need and merit-based scholarships and grants available to those who qualify. and this degree can make a difference. in 2012, 90% of devry university grads actively seeking employment had careers in their field within 6 months. now is your time. apply by oct 28th and find your career success in the bay area. visit devry.edu. in the bay area. i want you to know stuff i want you to be kind. i want you to be smart. super smart. i want one thing in a doctor. i want you to be handsome. i want you to be awesome. i don't want you to look at the chart before you say hi...david. i want you to return my emails. i want you to keep me doing this for another sixty years.

at kaiser permanente, we want you to choose the doctor that's right for you. find your perfect match at kp.org and thrive.

looks like a typical summer day here in the middle of fall with dense fog keeping cool coast side. pretty warm temperatures. even downtown san francisco warming back up into the 80s. a high of 84 degrees. i was talking about the fog and still hugging a good portion of the coastline. this will regroup over the next few hours. we could have locally dense patches. current temperatures are cooling off as you would expect this time of day. 50s in santa rosa. napa 58. san jose, 62 and concord mostly clear skies. 58 and forecast for tomorrow another warm day. the temperatures around 4:00 around 80 by 4:00 tomorrow afternoon. so still warming up for the inland spots as we wrap up the weekend. tonight mostly clear skies. coastal fog. live camera showing you this toward the bay bridge.

we have this. this is the bay bridge here. fog developing out in the distance. and tomorrow coastal fog. will be mild to warm once again. a big range. low 60s. warmest locations inland. the next developing headlines. waves could be around 10 to 12 feet. the northwesterly swell on the increase as early as tomorrow afternoon. be careful near the shore line. overnight lows back down near 40 degrees. could have a few upper 30s. san francisco 49 and morgan hill 46 degrees. high pressure in command of our weather generated a bit of an off-shore breeze. with that, mostly sunny skies and warm tomorrow. still have an on-shore breeze at the immediate coastline. it will be cool to mild. the skies will have partly sunny skies. still, dense overcast to start out the day. shows up nicely here and then into the afternoon hours,

60s for the beaches. the warmest locations inland. lower 80s around 80 to 83. we head into your sunday. santa rosa, 81. around oakland 73 degrees. lower 80s out toward danville, pleasanton. san jose at 79 and san francisco, upper 60s. 69 and patchy fog into the afternoon hours. here is a look ahead. five day forecast with your weekend in view. gradually cool things off from tuesday and wednesday. and tomorrow we have once again, the half-moon bay art and pumpkin festival. the temperatures not warming up too much. mid 50s to the mid 60s. no rain clouds on the five day forecast. on thursday, i amtraking a slight chance of a few showers. tiny chance for friday. we'll be watching that for those developments over the next few days. >> for the meantime, enjoy the

sun. thank you. a violin that was played as the titanic sank hit the auction block today. how much did it fetch? $1.45 million. the bandleader on the shipped. he played as panicked passengers. among the more 1500 people died back in april 14th, 1912. the only information offered about the buyer is he is a british collector of titanic items. >> the world's longest nonstop flight is being canceled. the route is about 9500 miles long. a roughly 19 hour trip. the world's second largest flight and also scheduled to be canceled this month. between singapore and los angeles. and rising fuel costs made the route

too expensive to run. cody makes the catch of the year. was it enough for the win? sports is coming up next.

good evening, everyone. thanks for joining our saturday night edition of sports wrap. national recognition from pro style offense but defense has been a solid part of the program success too and today against ucla the d earned an a and the cardinal get a w. 13th ranked stamford hosted number 9. trying to bounce back. they only led 3-0 and 3-3 in the

third when cody makes the play of his young career. you got to look at that again. quarterback throws. takes the point of the ball in his palm. pulls it down for the touchdown. a former lineman. how did he do that? three plays later, the defense strikes. brett throws. jordan richards with a great leaping interception. stanford was called for holding. they have to start over at the 40 yard line. cardinals scored off that turn over and the big offensive play was from hogan to devin. another tough catch. 34 yard connection. two plays later they score. 17-10 now with less than three minutes to play when safety jordan richards makes his interception of the day. stanford helped 9th rank to 266 total