days after a nursing home was shut down by the state, authorities are looking for a missing resident who hasn't been seen in days. >> 10 people killed in over a week from crashes. the action getting under way. >> two excavators stolen from a construction site are returned. why there is a growing black market for these kinds of big ticket items. good afternoon, everyone.

>> we're on early ahead of what could be the deciding game of the world series. new details tonight on the bay area nursing home left abandoned with more than a dozen elderly residents inside fending for themselves. today we learned that one of those residents has been missing for five days. the nursing home, valley springs manor was abandoned by the owners after they were ordered to close. we are joined live with what investigators had the say. >> reporter: as sheriffs investigate valley springs manor, they say a patient has been missing from there since last friday. baskin was last seen at the bart station friday afternoon. >> mr. baskin has been a missing person many times in the past for us, so we don't consider him at risk. but the fact that he went missing during this time period

is a little bit concerning to us. >> reporter: he's one of the patients left abandoned after state regulators closed the facility last thursday. the fire department said paramedics were called to the facility two days earlier to help a patient but didn't see any notices saying the facility was closed. >> i suspect they would have started this process sooner than saturday afternoon. >> reporter: the owners ran another senior facility in oakland. new owners took over in february. 78-year-old john cane recalls what it was like there. >> we didn't have water. we had no food. >> reporter: the new owners describe taking over in conditions they describe as deplorable. >> it was a rodent infestation

and a cockroach infestation here. >> reporter: they have launched a criminal investigation and are interviewing patients and former staff members. authorities are asking anyone who says baskin to please give them a call. >> we've now learned that san francisco 49ers line backer alton smith turned himself in and posted bail on illegal weapons charges. the 24-year you have will old surrendered last night. three illegal assault weapons were allegedly found at smith's home after a party last year. he's set to appear in court on november 12th on those weapon charges. he is also expected to appear in court one week later on a misdemeanor dui charge. police say a man driving a stolen car blew through a red light in san francisco today causing a bad crash in the inner richmond district. it happened around 12:20 near

gary boulevard. four cars were involved in the crash and five people ended up in the hospital. the driver of the stolen car ran a red light. a lexus ended up upside down. one of the cars was speeding there on gary. no word on the condition of the people hurt in this accident. 10 lives lost in the past eight days. that's how many people have been killed in dui-related crashes since last tuesday. the five crashes have stretched from the north bay all the way to the central valley including fremont, san jose, and sonoma. we are outside children's hospital in oakland where a young victim of the most recent dui crash is recovering this afternoon. >> reporter: one man was killed in the recent crash. as for the 5-year-old girl, she was flown here to children. just checked in to get a condition update. she is listed this critical condition, fighting to stay alive.

highway 121, sonoma county, wreckage tossed all around. it happened last night just north of sonoma raceway. three hurt, one dead. >> my heartbreaks for the family and the victims. >> reporter: she's jody irons. she's quite aware of the number of deadly dui-related crashes in just the last week. >> are we disheartened? absolutely. it does motivate us to take a look and say what are we doing and what can we say more precisely so people hear the message that this is preventable? >> reporter: according to the most recent numbers, 31% of the fatalities in the u.s. in 2011 were alcohol related. 9878 people dead because of a

drunk driver. >> it's kind of disheartening for us. >> reporter: daniel hill says maximum enforcement starts as the holidays approach. including halloween. >> it will be a target night where people are going to be drinking. they're going to be celebrating and they may make the choice to drive when they shouldn't. >> reporter: scenes like this are powerful reminders that drinking and driving is just not worth the risk. >> you take the first drink, the second drink takes you. each and every drink you have, your ability to determine if you can drive goes out the window. >> reporter: the alleged drunk driver being identified by chp as 25-year-old from san francisco. it was his passenger who was killed. his name has not yet been released. live tonight in oakland for channel 2 news. a number of law enforcement agencies will receive a total

of $2 million in federal traffic enforcement grants next year. the biggest chunk, $6 50,000 will go to the paloma police department. the avoid the 13 anti-drunk driving campaign in the county. the rest will go for a ban on texting while driving. investigators say michael brrelove and martin shot and killed martin cruz last week. police say the shooting was the result of a disagreement. police in sacramento arrested martin at a park. both are being held in alameda county jail. bart's largest union will let the public know if its members have approved the tentative contract agreement. 1400 union workers will vote on the deal on friday. the union expects to release

the results by 11:00 that night. why is new bay bridge took so long to build and why it cost so much. as chairman of the senate transportation committee, he plans to hold meetings aimed at answering that question. it took 11 years and cost $6.4 billion. new revelations about the extent of nsa surveillance. the washington post is reporting that the national security agency tapped into the main communication links for goggle and yahoo and collected millions of records for texts, audio, and video. no comment yet from the federal government. president obama defended

his health care plan while admitting there have been serious problems with the sign- up process. >> the website hasn't worked the way it's supposed to over these last couple of weeks. and as a consequence, a lot of people haven't had a chance to see how good the prices are. >> the president made the remarks during a speech in massachusets. a lot of people say that contrary to president obama's promise while campaigning for his plan, they have not been able to keep their health plan because insurers have canceled their policies. dozens of employees fired for being in the country illegally. how it happened has some community leaders outraged. the investigators were handled by homeland security and ice. we are live now in san jose where two of those fired workers say they have nowhere to turn. f >> reporter: we're here at plaza in downtown san jose where tomorrow at noon,

community groups will gather here to protest the department of homeland security's audits on businesses that they say are no better than raids. coworkers for about 8 years. a company that supplies food services to numerous businesses. both women say they lost their jobs after the department of homeland security conducted an audit of employees and discovered they were undocumented workers. they were given a deadline to clear up the paperwork. when it couldn't, they reluctantly fired both women. >> i'm thinking of my family and my life because no work, no insurance. >> i don't know what i can do because right now for me the door is just closed and i don't know what i do tomorrow. >> reporter: the two women both have families with children and are dealing with medical situations that require health

insurance. the audit by homeland security's ice agency affects more than just these two workers. >> ice has audited a number of businesses most recently and caused the firing of about 100 workers. it's just outrageous. it's an enforcement action that makes no policy sense and it's morally wrong. >> reporter: holding a protest tomorrow. >> not affecting one person. it's affecting a lot of persons. family, kids, and life. >> reporter: an ice spokeswoman said the audit is done to make sure companies are complying with the law. the deadline for bon apetit to comply for all workers is friday.

education, not deportation. >> education, not deportation. >> another immigration rights protest this time-out side oakland technical high school where university president was meeting with students. she helped increase a number of deportations of illegal immigrants. she said she worked for immigration reform. the new clues in the case of $70,000 worth of student computers and i-pads all stolen from a bay area school. plus, flying high for a dangerous job. what pge inspectors were doing. construction equipment theft is a $1 billion a year nationwide. how the owners of this piece of equipment got it back with a little help from the community. and beating the odds. how a cancer survivor celebrates his hard fought win over the deadly disease. and right after the break, things are warming up around

here just in time as we get toward the weekend.

new developments this afternoon in the case of two large excavators stolen from a construction site last week. both have now been returned to their owner after news reports

led to tips pouring in. as we first reported last week, those excavators were taken and tonight a man is under arrest expected of stealing the equipment. we are live from oakland this evening with why these types of thefts are becoming an increasingly common problem. >> reporter: this is one of the two excavators that was recovered. they are technically considered to be vehicles, but you don't need a title or registration to buy or sell them. it can often end up on the black market. >> this is a 307-c excavator. >> reporter: the decals stripped. >> decals were right here. >> reporter: and the front bucket missing. but this oakland excavation company did get nearly a quarter of a million worth of equipment returned. >> we're happy to have the big stuff back. >> reporter: thieves stole two

excavators from a construction site last monday. once word got out about the theft, the leads started coming in. one call that came in made the difference. >> they actually witnessed one of the excavators being stolen and gave a good description of the individual and the vehicle. >> reporter: chp investigators found the excavators and arrested a 47-year-old clayton man for the crime. they were in a 10,000 square foot warehouse and investigators believe there may be other properties in the area that have stolen items. the chp says there have been at least 10 pieces of equipment stolen from construction sites in the past year from bobcats to 15-ton caterpillars. there is a black market for this equipment. >> they part them up and they put them on containers and they can send them overseas. there's always other people who take them and they hide them and they reuse them on another

construction site. >> reporter: i talked to a representative from the united contractor's association here in the bay area. at his last meeting, there were at least 14 business owners who reported having some piece of construction equipment stolen from their sites in the past month. this is an industry wide problem. we are following some breaking news right now from berkley. want to show you a live picture right next to interstate 80. police say that a dead body was found in the water there this afternoon. this is right in between the university and the ashby avenue exit in berkley. you can see the police activity there. we don't know if the remains are that of a man or a woman. east barege ya'll park police are investigating. as we get more information, we'll bring it to you. just about 10 minutes ago, we found there is a verdict in

the attempted murder trial of max wade. accused of trying to kill a 17- year-old girl and her boyfriend last year. he's also charged with stealing a lamborghini. the verdict will be announced in just minutes at 4:30. we'll have an update for you on the 10:00 o'clock news. a school is trying to bounce back from the theft of thousands of dollars in computer equipment over the weekend. police say thieves took 62 laptops and i-pads from river glen schools. police told ktvu there were no signs of forced entry. they're considering the possibility the thief is connected to the school. the devices cost about $70,000 and were used for 3-5th grade students. many of them don't have computers at home. >> without the laptops and the i-pads where they're doing research, where they're doing their reading, or getting the intervention, they don't get computer skills.

>> the cost for the stolen items comes in under the school's insurance deductible amount, so it won't be covered. the search for a lost gold miner continues in the sierra foothills. walter steveers. this video was taken in 2005. he is the bearded man with the brown hat on the right. authorities found his car in nevada city after his wife reported him missing on monday, but there was no other sign of him. several agencies including some from the bay area are searching today near the spot where his car was found. steveers had been working a mining claim that he owns in the that area. pge crews put on a dramatic show today. they dangled from helicopters as they work to replace transmission lines. they call the technique long lining. it minimizes any traffic impact. you might get to see more of

this in the weeks to come. today a cancer survivor passed through oakland as part of his goal to inspire other cancer patients. randolph westfall has survived 28 cancer surgeries, including four that were life threatening. he began his trip in vancouver on may 4th and has biked through richmond and oakland with his two dogs. he began biking after learning his diagnosis in 1987. >> just to prove myself, you be not sick, you just have cancer. >> he has biked more than the equivalent of more than five times around the world. he says he wants to tell other cancer patients to never give up. a beautiful day out there today. plenty of sunshine. the clouds cleared. we had a little bit of fog this morning. it's pretty clear outside and dry as we go into the end of

the week. it's 67 in walnut creek. temperatures up from where they were yesterday at this time. overnight lows will be cool again. we don't have a frost advisory, but it's still going to be chilly. look for mid-30s in the coolest inland bay valleys. away from santa rosa, you'll find temperatures in the mid- 30s. the forecast tonight, patchy fog like we had last night. coastal fog and even a little bit of valley fog. warmer tomorrow. in the extended forecast, we continue into a nice, warm period. the forecast tomorrow, we're looking for coastal fog to return to the coast. yellows are 70s. daytime highs tomorrow more upper 60s and low 70s. even some mid-70s might be popping up. this warming trend just starting as we get into this thursday, friday. temperatures, you know it's going to happen.

fire danger is going to stay where it has been. this pattern isn't going to be a high fire danger pattern. but we are going to see warming tomorrow, again on friday. the weekend is still warm, but tempora atures on the weekend will come down a bit. 72 degrees for a daytime high tomorrow. look at the morning wake up temperatures. 72 in clear lake. 73 in fairfield. 72 in walnut clear. 72 in san jose. of course tomorrow halloween. good weather for that. temperatures will be in the 70s. as we get toward the evening hours, you'll drop into the 60s. you see temperatures start to cool down. there's your bay area five-day forecast with your weekend always in view. >> you can't complain about tomorrow night. >> last year was a little dicey. we got some showers in there. it's warriors opening night. we'll talk to the team about

tonight's matchup against the lakers. sports is next.

we are minutes away from what could be the deciding game of the world series. fans here at home have another

reason to be excited. >> it is opening night for the golden state warriors and as you have gleaned by now, excitement and expectation probably in the last 25 years they haven't been higher for the warriors to take on these lakers who beat up on the clippers last night. the clippers are favors to win the west, but the lakers to took them to task in l.a . the big story there was the bench play of the lakers. the starters, that includes no kobe bryant played the last 15 minutes of the game with all the back ups in there. >> goes to prove that anybody out there, if you don't give them the proper due, can hurt you. their bench scoring 76 points, that's one of the things we talked about in the scouting report this morning. we have to be ready to matter who they have on the floor. >> all right, of course perhaps

the deciding game of the world series. we have a baseball story that's a little holiday appropriate. there's obama throwing out the first pitch. others in halloween gear. this is san diego state intersquad game. watch this guy dressed up as a san diego charger cheerleader. sign that guy up. he blasts one over the wall, gets greeted by his teammates. look at the third base coach there. now this is the all-time costume right here. the jamaican bobsled team. i'd love to see them run the bases. all in good fun. that is the third annual halloween event by san diego state baseball outfit. what i to get into the holiday spirit. we have red sox coming up trying to win it all tonight against the cards. >> thanks, mark. tonight, drivers using paper plates to cheat on their

bridge toll. tonight we expose why efforts to change the law keep failing. we are always here for you online, facebook, and twitter. the world series up next. [ male announcer ] some things are simply better at home. like the enticing aroma and distinctive taste of nespresso. elegant capsules meet masterfully crafted machines, and one touch creates the perfect coffee, cappuccino, and latte. ♪ tempt all your senses with one extraordinary coffee. [ penélope cruz ] nespresso. what else? [ male announcer ] discover the world of nespresso on grant avenue and nespresso-us.com.

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