a santa clara district attorney makes a major announcement about the man accused of murdering teenager sierra lamar. a woman accused of attacking a child at an elementary school. >> to harm a child is unacceptable. >> we spoke to the mother at the center of the incident. and despite the extra cost to cross the bay bridge during peak morning hours, traffic seems to be getting worse. why officials say this is actually a good thing.

good afternoon. i'm tori campbell. the man accused of kidnapping and murdering sierra lamar will face the death penalty. the santa clara district attorney made that announcement this morning. janine de la vega is live in san jose to tell us what this means for the case. >> reporter: good afternoon, tori. i just spoke with sierra's father and he told me the family is fleeced with the d.a.'s decision. antolin garcia-torres has been here in jail for two years. many in the community have expressed that the case is taking too long to go to trial and this latest development could delay it even further. he's facing charges of kidnapping and murdering 15- year-old sierra lamar in 2012. community members and the sheriff's office continue to search for her body but it's never been located. he also stands accused of carjacking and attempting to kidnap three other women back

in 2009. the d.a. said after reviewing it all, his office believes that garcia- torres should face the death penalty. legal analysts say this could bode well for the defense. >> it may actually play into the defense's hands because they could say the d.a.'s office is overrich, they are seek -- overreaching. they are seeking the death penalty in the case where they haven't even shown that sierra is dead. the defense will characterize this as a missing person's case. where is the body and crime scene and evidence of trauma? >> reporter: clark says if sierra's body is found, it could complete lit change the case -- completely change the case. but now that the death penalty is being sought, significant delays are expected in the case and that's because the defense will now be given more time for discovery which basically means to gather information and evidence for the penalty phase in the case which must be done before it goes to trial.

robert handa will have more on this story at 5:00. janine de la vega, ktvu channel 2 news. >> thank you, janine. oakland police are investigating a shooting on a busy north oakland street that sent a man to the hospital. it happened around 8:20 this morning near west macarthur boulevard and broadway. that's near the west wind lodge. police blocked off the area for more than an hour to investigate. police found the man and say he was suffering from at least one gunshot wound. his condition is not yet known. police have not made any arrests or disclosed a possible motive for the shooting. the alameda county coroner has identified a man who kell from a steep rock in the berkeley hills as 22-year-old low ren so trujillo of concord -- lorenzo trujillo. investigators believe he tumbled 100 feet to his death. his body was discovered yesterday by a hiker. another person died in the same way nearly a year and a half

ago. we are hearing this afternoon from a santa rosa mother accused of assaulting one of her daughter's classmates on their elementary school campus. the mother believed the boy was bullying her daughter. ktvu's alex savidge spoke to that mother, he joins us live to let us know how she is defending her actions. good afternoon, alex. >> reporter: well, tori, good afternoon to you. she was quite emotional when i talked to her. delia garcia-bratcher told me she never laid a lad on that 12- year-old boy -- a hand on that 12-year-old boy in santa rosa. but over the weekend, the 30- year-old mother was arrested on suspicion of child abuse and sheriff's investigators say she came onto campus during lunch friday confronted a fifth grade boy putting her hands on his neck and warning him not to bully her daughter. investigators say students witnessed that assault and the boy had red marks on his neck when deputies arrived here at the campus. but delia garcia-bratcher's

uncle said the accusations just don't fit. >> she's a real loving mother. she has five kids of her own. takes real good care of them. they are always clean. they got -- she provides everything for them that they need. she's a really good mother. >> reporter: as school to the started this morning -- got started this morning, staff members passed out fliers to parents letting them know what happened. the superintendent says the school is reviewing security procedures since delia garcia- bratcher came on campus friday without checking in at the office first. fellow parents we talked to said they were surprised at the accusations and say that kind of behavior is inexcusable. >> i don't understand how you can put your hands on another child. i doesn't understand that part, no. but i do understand bullying is not acceptable. >> it's terrible when this kind of thing happens. we take it very seriously. all of our staff work really hard to keep kids safe every

day. incidents like these are very rare. when they do happen, we do respond. >> reporter: nal now -- now,er shive's investigators -- now, sheriff avenue investigators looked into the bullying claims and couldn't find any sheriff. a lieutenant said they couldn't find any connection between the boy and the girl at the center of the abuse and they say it's possible this was a tase of mistaken -- a case of mistaken identity. delia garcia-bratcher has been released on bail and is scheduled to appear in court this week. alex savidge, ktvu channel 2 news. >> thank you, alex. a convicted sex offender is back in jail accused of of sexually assaulting a -- of sexually assaulting a woman outside a shopping center. michael garcia was arrested sarlts afternoon after police say they caught him in the middle of the assault. it happened near the home depot at the plant shopping center in san jose. police say he was living one block away at a homeless placement facility called home first and people who know him

believe he targeted the victim after she stayed at the shelter one night. >> the guy said come with me. you can take a shower at my motel. she was a vulnerable young lady. she went with the gentleman and he drug her in the bushes and tried raping her. >> police got calls about a woman screaming. they caught garcia in the act. he's set to appear in court on wednesday. despite congestion pricing at the bay bridge toll plaza, transportation officials released new numbers saying it's done nothing to curb the long traffic jams in the morning. brian flores is live in the bay bridge toll plaza with the reason behind it. good afternoon, brian. >> reporter: good afternoon. as drivers approach the bay bridge toll plaza right now, they will be paying $4 during the morning and afternoon communities, they will be $6. but any say traffic won't change. this morning's commute into san francisco was a headache. >> it was horrible.

>> west grand, if you are on west grand, you know what i'm talking about, guesting on west grand was an hour and a half to get on the brick -- bridge. >> it's frustrating. >> i don't think we should be charge. >> reporter: julie martinez of pittsburg says her commute took two hours today. >> usually it takes about an hour, 45 minutes to an hour, depending upon traffic. >> reporter: what was supposed to be a plan to ease traffic a little bit turns out it is not doing much. four years ago, congestioned -- conjessed pricing began on the bay bridge. >> the size of the pipe is the limiting factor. >> reporter: the mitt romney transportation collision took a look at traffic numbers in late april and found that 131,000 cars traveled through there daily. compare that to before the toll

increase. john goodwin suggestions that increased traffic is a good sign for the economy. >> it's a comparatively small number of travelers who have the choice when they travel if they can go before 5:00, here is an incentive to do so. >> reporter: they say the goal was never to change traffic conditions but just give those who can an intersevennive to save a couple of bucks. there are a few who decide to pull over at 9:59 in the morning and save a couple of bucks that way but the chp says that's never a good idea. >> there's no good reason to -- [inaudible] >> reporter: and they say there is they going to move to electronic tolling but they have no time frame when that  will take place. brian flores, ktvu channel 2 news. in the south bay there's a major traffic wearning as b.a.r.t.'s work ork the extension enters a new phase.

crews began a massive excavation to build the north trench and that means traffic between flickenjer and lundy avenue will be stopped about every two minutes while trucks haul off soil. the traffic interruptions are set between 10:00 a.m. to 3:00 today through friday and the work continues for three weeks. the first part of the extension is scheduled to open in 2017. within the last 30 minutes a federal appeals court handed down a ruling that clears the way for same-sex marriages in oregon. a national group opposed to sake marriage asked an appeals court to block a nerl judge's impending deal sigs striking down a statewide ban. the court reduced. the judge is -- refused. the judge is expected to publish his ruling. once he says, same-sex marriages could begin immediately in oregon. 17 states and the district of

columbia have legalized same- sex marriage. he's been called america's force. but there was debate whether -- america's best horse, but there was debate about whether he could wear nasal strips. rosemary will be here to tell you how long the cool pattern will last

new details about a major decision regarding the california race horse attempting to win the triple crown. today, officials with the belmont stakes announced the california chrome will be allowed to wear nasal strips during the race in three weeks. on saturday, california chrome won the preakness stakes. if he wins at belmont, california chrome would be the first horse since 1978 to win all three races claiming the triple crown. he's from yuba city near sacramento and has ties to the golden gate area golden field. the u.s. justice department

has brought espionage charges against five chinese military officers. they are accused of charging the nuclear power, metals and solar products industries. they allegedly hacked into some pennsylvania californias including westinghouse, u.s. steel and alcoa as well as the united steel workers union. >> the indictment includes allegations of trade secret theft and economic espionage. >> the indictment alleges that these officers maintained unauthorized access to victim computers to steal information from these entities that would be useful to their competitors in china, including state-owned enterprises. >> the defendants have been charged with 31 counts of computer and economic crimes. at&t says it is buying direct tv in a nearly $50 billion deal. critics say that could mean higher phone and twiing bills for you -- television bills for you. justin gray is live in washington. federal regulators are looking

into the deal? >> reporter: the fcc will have the final say. they will decide if the deal is fair. this is the second big-time merger in just the past couple of months. comcast announced their deal to buy time warmer. that's still not approved. fewer companies and less competition will lead to higher prices for scmrs. at&t says it will be able to offer you more options in different bundles including services from your phone to your tv. the consumer advocates are not buying it. [no audio] >> reporter: that consumer advocate saying that there's no reason to expect these bills to go anywhere but up. at&t would disagree. they expect the deal to close within the next 12 months.

it has to get the fcc approval. i expect a lot of questions and scrutiny from the fcc with both this deal and the comcast merger. justin gray, ktvu channel 2 news. daly city police are asking for the public's help to identify a man suspected of stealing packages off a porch. police tweeted out these surveillance pictures of the man. they show him after two packages were stolen last week. they were taken off the pore of of a home on southgate avenue. anyone with information is asked to call daly city police. tens of thousands of runners and partiers hit the streets of san francisco in the 103rd bay to breakers. >> the delayed was because of metal scaffolding. cleanup crews were busy picking up tons of trash. >> i actually saw somebody getting a ticket for

drunkenness in public. perhaps they are enforcing the laws more as well. >> police tell us one of the more unusual arrests happened inside golden gate park when they arrested a partially naked man for harassing a bison. in total, 35 other people were arrested or cited. 24 for public intoxication. police made two felony narcotics arrests and one misdemeanor narcotics arrests. three people were cited for european nateing in public -- u ure nateing in -- urinating in public. we have pictures at ktvu.com. look for the images tab. last week it was the heat. now it's the possibility of lightning strikes that has firefighters on alert. many fire crews just rushed from the san diego wildfires are now making the wounds asking homeowners to their their part to protent fires --

prevent fires here. >> down there seeing evacuations, there's tons of neighborhoods where neighborhoods were clean out. >> firefightersare asking -- firefighters are asking homeowners to clear brush. fire season is off to an early start with more than a dozen fires in the south bay this year. in san diego county many roads are open. evacuate orders have been lifted. four fires are still bumping including three at camp pendleton. the san diego area fires have burned and estimated 40 square miles which is a little bigger than the size of redwood city. at least 47 homes were destroyed. cool and breezy around the bay area. partly cloudy. give you a live look in san francisco and to the west where you can see those partly cloudy skies. as we get into the afternoon,

temperatures will remain below the seasonal average for this time of year. as tori mentioned a moment ago, hard to believe that last week we were dealing with record- breaking heat. some areas hitting 100 or so. here we are with the partly cloudy skies as i back up. i'm gonna show you what is bringing us the cool conditions and the unsettled weather. the system right off the coastline, it's going to be diving south and east. eventually, it will move right over northern california and into the bay area as well. so over the next day, to two days, we have unsettled weather in the forecast. today it doesn't look like so much, i think tuesday will be our better possibility at maybe the thunderstorms. it should be primarily over our hills, north bay hills, east bay hills, maybe even santa cruz mountains. we'll take a look at that in a moment. before today, a cloudy day, cooler conditions. possibility of thunderstorms, only 10%. i have to mention it. but i don't think we're likely to see much of anything.

take a look. as i roll you through your monday, not a lot going on. you do notice clouds as i stop it here monday evening about 10:00 or so, seeing a little bit of moisture popping up over the santa cruz mountains, maybe the deal blow range and it's the dry lightning that we're concerned about. that increases fire danger. for today, there's a 10% chance out there. tomorrow, we should see 10% to 20%. here is a look at the numbers. for the most of us, the numbers is what we'll be looking for. 63 in san francisco. a few low 70s for the afternoon. low to mid-70s for the north bay. upper 60s in berkeley. 68 in hayward. low to mid-70s for the inner east bay. san jose, 71 for you. and 73 in santa cruz. it's not so bad out there. it could be a little breezy and that could be pesky. outside of that, not a bad day. as we get into tuesday, leaving in the possibility of perhaps a

rogue thunderstorm in the area. once this system moves to the east, we'll warm it up. by midweek wednesday, temperatures beginning to rebound as we get into the bay area weekend with your weekend always in view. notice temperatures warm not as hot as we had last week warming bag up in the 80s -- back up the in 80s. and then along the coast perhaps upper 60s, low 70s. >> just in time for memorial day. >> yes. >> thank you. >> you got it. was a lucky day for a kitten who jumped into the wheel well of a car stopped in traffic on 580 and high street. luckily, the freeway service patrol was able to rescue the kitten. officers say it was adopted on the spot by a passing motorist. facebook has a new feature that gives your friends a different way to be rather nosezy. if you are thinking of taking the family to disneyland or california venture, get ready

to dig deeper into your pockets. the price effect that's going into effect -- the price hike that's going into effect today. ?.=(=pcpcpcpcpcpcpcpcpc2h

traders aplauding and you -- applauding an acquisition. at&t and direct tv, as we mentioned earlier, those stocks are lower amid talk of a merger. taking a look at the big board,

the dow is up 13. the nasdaq is up 30 and s&p up 6. google's empire may be getting bigger. the youtube division is closing in on a $1 billion bill for twitch. the company allows people to broadcast themselves playing and talking about video games. twitch has jumped in popularity with the lun -- lawn of the playstation 4 last year. starting today, tickets for one day at disneyland or california adventure, now $96. the price for a one-day park hopper ticket that gets you into both parks, $150. disney is also phasing out one of its annual passes available only to southern california residents all over er-- all other annual passes will be available. you may have noticed a new button on facebook that lets user be nosy. the new ask button's pierce

next to the relationship status field. for users who have chosen who have chose to -- to leave the button empty, you can click the button and ask them. today at 5:00, we'll show you what the feds don't want you to see, 2 investigates why batteries are failing crucial tests and catching fire. thank you for making ktvu your clues for nowz -- choice for news. we're always on at ktvu.com and you can follow us on facebook and twitter. have a great day.

alex paen: the program you are about to view contains real life mysteries of several missing people. just watching may save their lives. kidnapappings... family abductions... runaways... right now, we need your help to locate the many children and adults who are missing. [captioning made possible by telco prodtions, inc.] alex: thanks for joining us. i'm alex paen. you may not