p.m. >> achieved charged with perjury and assault after he smoked a hospital patient and lied did you tell -- smoked a hospital patient and lied about it. -- choked a hospital patient and lied about it. >> he is facing four felony charges after a incident involving a hospital patient. ktvu's david stevenson spoke to san francisco sheriff today about the investigation that lead to the arrest of one of his own deputies. david? >> reporter: the sheriff said his department acted quickly when questions rose,plerly when the -- arose, particularly when the report didn't match information. >> the assault happened at san francisco general hospital. a sheriff's deputy is accused of choking a patient and lying about it. >> unacceptable. won't be tolerated by the department. >> reporter: he spoke to us about the 33-year-old deputy. he is a five year veteran

assaulted a patient november 3 in the emergency room and wrote a report that the patient tried to attack him. >> reporter: [ inaudible question ] >> within days. >> reporter: prosecutors had immediate suspicions as well. they declined to prosecute the patient and requested surveillance video. it shows him knocking the man's cane away and choking him. >> we looked at all the evidence that was provided including the surveillance video that we obtained that helped build our case. >> reporter: san francisco district attorney describes its it as unforgivable conduct. sheriff's department staff were disciplined after lynne spalding was found dead last year. this shows the value of the

criminal investigations unit. >> to move on anyone of one folks who might misstep and violate the public trust. >> reporter: he was charged friday and out on $138,000 bail. she on unpaid -- he is on unpaid administrative leave. >> david stevenson reporting live in san francisco. thank you. an uber driver appeared in court today to face vehicular manslaughter charges. he pleaded not guilty oo vehicular manslaughter in connection with -- to vehicular manslaughter in connection with a accident that left a six-year- old girl dead. she was in a sidewalk when she was hit. >> this had a devastating effect on their family and they want to see through every aspect of how the courts are

dealing with it from civil to criminal. >> we are always looking to consider negotiated dispositions with the prosecution. >> the judge denied a move to have his license suspected. he is due in court in february. new developments tonight. the window washer who survived a 11 story fall on to a moving car is getting better but the family faces long term challenges. they say it is a miracle he survived but without his income they are in desperate financial shape. ktvu's chrisian k spoke -- christien kafton spoke to them today. >> they notified us my dad was alive. >> she and her mother initially heard he had died following his 11 story plunge in san francisco last month. the family says he is slowly

recovering from a shattered pelvis, broken bones, kidney damage and head trauma. cal-osha is investigating but he doesn't remember anything about the fall or how it happened. >> i have showed him pictures of the accident, videos. he doesn't remember any of that. nothing at all. >> family say he was a provider for his wife and three daughters. now his daughter dropped out of college to work full time and his wife is working extra hours. they are only bringing in half- of what he -- half of what he did. >> it is not easy to ask for help and i wouldn't be doing unless my dad needed it. >> reporter: he will be released from the hospital and will move into a rehab center. that is where the family will celebrate their christmas miracle. and they are hoping the support their family has seen will lead

to a generous holiday season. [ speaking foreign language ] >> we need help during this time of recuperation and to help maintain our family. it is not easy to be here asking for help. >> the family has go fund me site it make donating easier. the donations starting rolling in. we have a link to that site on www.ktvu.com. in oakland, christien kafton, ktvu channel 2 news. >> the family says she talking. he can't move his arm or leg but they are hopeful he will walk again. he joked about returning to work but they have convinced him not to returns a a window washer. man who used a bat to rescue a girl is talking to ktvu channel 2 news about what happened. the girl was inside a truck that crashed this morning on highway 4. the driver of the

struck, a 17-year-old, died. he was from houston. new at 6:00 p.m. ktvu's melanie woodrow talked to one of the first people on the scene. >> reporter: the man says she not a hero. he was just doing what he hopes someone else would do for him in the same situation. >> reporter: a man commuting to work says he immediately stopped to help a woman pounding on the window. he was first on the scene and used a baseball bat to help free her. >> i had her cover her face and we were able to open the door. >> she was very hysterical. crying. asking how her boyfriend was. >> reporter: chp says the driver of the vehicle was a 17- year-old. he crashed with a truck. >> the two vehicles had a collision. >> investigators say believe his vehicle rolled over one time before coming to rest,

dangling from the over pass. with the passenger out he tried to communicate with him who wasn't moving. >> i saw him take a few gasps of breaths. that kept us trying to keep interacting with him. >> reporter: chp says he died on the scene. investigators are trying to determine whether or not he may have fallen asleep at the wheel. >> he weaved a few times. >> reporter: the highway was shut down for four hours following the crashes a crews worked to move the truck. 8:30 a.m. traffic was moving. a small mark is the only remnant of the accident days before the holiday. >> my heart goes out to the family. in my thoughts and prayers. >> reporter: chp says drugs and alcohol did not appear to be factors in the investigation. tests will be done during the autopsy to make a final determination. investigators say the driver in the other vehicle was not hurt. >> great he got him out with

that truck hanging over the side. thank you. prosecutors say a san jose man who pleaded guilty today to starting a series of fires will likely never get out of prison. he is expected to be sentenced to 40 years to life in prison on february 13. police say he admitted to setting 13 fires between january 8 and 12 in downtown san jose. the fires destroyed several homes and a warehouse. he has two previous felony convictions for arson and a third for assault. crowd is growing right now to honor a man who lit up their neighborhood for 30 years. ktvu's claudine wong is live in concord. it was dark, he is getting ready to turn it on and looks like it is on. >> yes, look at the lights. all the lights are on and you can get a look at the display that is in front of mr.

christmas' house. this is a story about christmas lights, about the man who puts them up and community. if you look at this amazing crowd who gathered out here, these are strangers, neighbors, people who have driven by this house so many times to take a look at everything that he put up. so many people said i was three years old when i was coming out here. i want to wind you through this crowd of folks and the kids. all the people taking pictures. this is amazing. i got to tell you about the man knowns a mr. christmas. he just turned 85. he grew up in south dakota. on a farm where he didn't have electricity. and joined the air force and went to electricity. we are making our way through here. everyone is watching. we are going to try to squeeze

through and let us on into the walk way so we can talk to mr. christmas. is that okay. these kids are giving us permission. hello. we are back to chat with you. your lights look spectacular. >> so does the crowd. >> amazing to see. do you know any of these people? >> i met a few at a time. i don't remember them. all new to me. >> reporter: are you overwhelmed -- >> yeah. gee wiz. >> reporter: you know you're popular guy in the neighborhood every christmas and you have 50,000 lights. 14 timers. doing this since 1978. most people drive by. >> some people stop and i come out every and he think give them photographs. but this year i haven't been able to do that. normally i give out 4,000

photographs and this year i gave out 800. >> reporter: are you sad it is coming to an end? >> in a way. but you have to face facts. >> reporter: it is hard. >> doctor says don't climb ladders. >> reporter: happy birthday. >> thank you. >> reporter: let's take a look around. one last time. i got to tell you, the woman who organized this only met mr. christmas today but she saw he was going dark and thought it was important to let him know how much he is appreciated and i think they accomplished just that. back to you. >> thank you very much. what a crowd they have out there. >> big crowd. great guy. >> 50,000 lights. wish him the best. wish you the best mr. christmas. thank you. documents shed light on allegations of rape against former san francisco 49ers defensive tackle ray mcdonald. the circumstances surrounding

the accusations that could make it a difficult crime it prosecute. >> help is on the way to bay area counties still cleaning up storm damage. who stepped in today. >> tracking not rain but tracking the fog. it will have an impact on your holiday travel. back here after the break. female announcer: sleep train thanks all those who helped make a difference last year for thousands of california foster kids. thank you for helping foster kids. thank you for the school supplies! thank you for the new shoes. thank you, secret santa! and thank you for donating money. announcer: your generosity proves that while not everyone can be a foster parent, anyone can help a foster child.

thank you! thank you! ¡gracias por su ayuda! [baby cooing] thank you.

busy highway is reopened after mud and a rock slide tied up traffic for hours. a large chunk slide on to highway 101 before 3:00 a.m. this morning. the slide sent a tree, a light pole on to the freeway. the chp shut down two lanes while they cleared the slide

and crushed a boulder that came down. authorities reopened all lanes at 11:00 a.m. this morning. we are learning two bay area counties will receive aid to repair damage. governor jerry brown issued a state of emergency proclamation. they requested assistance last week siting $4 million in damage. appreciate the sunshine we saw today which was nice. can we put the shorts and flip- flops on? >> just for tomorrow. after that it changes. we were talking, temperatures got up into the upper 60s and low 70s. >> so nice. >> i thinktle be warm -- think it will be warmer tomorrow. what a difference between this week and last week and the week before. we have been wet. here is the fog that formed. when the rain dries out, the sky clears, you get the fog, put this in motion.

coastal fog. valley fog. made for one of those days. temperatures cool this morning and this afternoon. low 60s this afternoons a the fog burned off. fog is the weather fran as the fog burned off. fog is the weather story. i don't think we will see lot in the bay. it does filter in sometimes. here is the mechanism for the fog. right? rain. ground gets wet. the nights are long, you can see the fog where it will be in the north bay. parts of the north bay and central valley it will be from sacramento south to fresno and parts of redding and marysville. typical. this high pressure keeps us dry the next two days. temperatures up. fog in the valley. fog around here. high clouds over the ridge. that is till wednesday afternoon. and then wednesday night looks like the ridge -- the high

drops. more clouds. a chance for a sprinkle wednesday, late afternoon, i will show you that, late afternoon into wednesday evening. no big deal. not a game changer. the forecast model. not rain. tomorrow. look at the fog. early in the morning. a lot of fog in the valley. no coastal fog. wednesday night things change. wednesday night, wednesday 3:00. the afternoon. then it is gone. doesn't look like a big deal. not a atmospheric river with the heavy rain, the pineapple express. a tweak and gone. temperatures tomorrow, warmest they get all week and temperatures trend down. we will see more clouds from the ridge of high pressure and there is the five-day forecast. temperatures on the high end, upper 60s. a nice dry out time. we were -- we just got wet. >> first part of december was

nice to see sunshine and warm weather. >> wednesday is no big deal. looks dry after that. some areas 600 percent of normal rainfall. >> thank you. new information about the allegations of sexual assault against former san francisco 49ers defensive tackle ray mcdonalds a we get a look at the search warrant that was issued for his san jose home. in documents released today former san francisco 49ers defensive tackle ray mcdonald claims he did nothing wrong. the victim in the sexual assault investigation says she did not give consent. ktvu's azenith smith found out the victim was too intoxicated to do that. >> reporter: former san francisco 49ers defensive tackle ray mcdonald sexual assault investigation, began with a night of drinking at a san jose bar. the victim and ray mcdonald ended up at his house where she woke up naked in his bed.

she said she remembers nothing and she said ray mcdonald let her sleep in his bed because she was tired. the victim contacted police and gave them permission to use her cell phone to contact ray mcdonald. the-curves police had with -- the conversation police had are ray mcdonald, we were just enjoying the moment. later on he wrote i don't understand why you are bothered. you chose to stay with me for another day. i didn't do anything wrong. i thought we had a connection. the victim admitted she hung out with ray mcdonald the next day. >> she may have consented but the question is, was she too impaired to give consent. >> reporter: he says these cases are difficult to prosecute. it will come down to how drunk was she and did ray mcdonald know she was intoxicated. documents mention aldon smith at ray mcdonald's house with the victim.

he may have to testify if it goes to court. >> he is someone the police will want to talk to. >> azenith smith reporting. the documents have a cell phone number listed for ray mcdonald. ktvu channel 2 news called that number today and a man answered. he told ktvu channel 2 news he appreciated the call but he couldn't say anything and hung up. ray mcdonald's mother said she was flying flying to san jose from florida to be with her son. volunteers are busy in san francisco. >> today is day three of the five day donation drive. people wanting to donate can drive up and volunteers will take the items out of your car. st. anthonys is trying to collect 500 hams by christmas. what is not used will help the poor and the homeless. >> once it the do-- the

donation comes in we will plan ways to use them throughout the winter months. >> each guest will receive a red gift bag filled with high gene items and a scarf. in san jose, they opened their doors to parents who can't afford to buy parents this year. some parents waited in line over night. they collect toys and donations for 5800 children. they have enough toys for today but needs 3,000 toys to serve the families who will come tomorrow. that is where you come in, you can donate online tonight. a san francisco giant has back surgery that could spell the end of his baseball career. >> jim harbaugh talks about what could be his final weeks a head coach of the 49ers. mark is up next with sports.

mark is here now with sports. the question that won't go away. >> someday soon we will know what jim harbaugh's future will entail. it probably will have nothing to do with the san francisco 49ers. man, what a game saturday

night. fantastic plays by the 49ers like this great touchdown run from frank gore. later colin kaepernick a 90- yard run but they blow a big deal and it continues to roll that way for jim harbaugh. first time one of his teams in the 49ers uniform gone down to four straight losses. today, though he was good natured when talking about his future. >> what will happen will happen, what won't happen won't happen. i will let -- i work at the pleasure of the organization and let them have the floor on that. >> reporter: [ inaudible question ] >> good question. very good question. [ laughter ] >> reporter: [ inaudible question ] [ laughter ] >> high road is the only road i

know. keep on that one. >> like i say, good natchered. the warriors got to be -- natured. the wards got to be well -- warriors got to be well rested. david lee, power forward had a bad hamstring, played only 7 minutes all season before reaggravating it. today barnes one of the guy whose benefited in extra minutes talks about what his return will mean for the warriors. >> it will be good. helps scoring in the second unit. new line ups. so many different pieces here. seen so many different line ups. >> meanwhile in case you are a giants fan, thinking maybe someday marco scutaro will come back, that is looking bleak. reports come out he underwent

back surgery friday in miami and the surgery is successful but doctors say it will be 4-6 months before they could decide whether he can even begin to think about playing baseball again. sad story. man, he had a lot to do with the giants 2012 world series title for sure. >> thank you. tonight at 10:00 p.m. firefighter whose say their station is jeopardizing their health. that story and more tonight at 10:00 p.m. good night.

every day is a new opportunity to help make life better right here in san francisco. whether it's helping local businesses like the fruitguys grow and prosper, supporting nonprofits like juma ventures as they fulfill their mission or helping neighborhoods like the tenderloin become vibrant communities. if there's a way to help the people of san francisco thrive and succeed, we'll find it. that's the power of local connections.

that's bank of america.

haley, hurry up! you don't have much time, and i made chocolate chip pancakes. mom, i'm not 12. dibs on hers. honey, you excited about your first day? you know what? i really am. there's something about going to work that makes you feel like you're... i don't know, worth something. no offense, mom. listen... (clears throat) i wanna give you some advice. do it fast. she's gonna be late. work hard. uh-huh. keep your eye on the ball. (cell phone alert chimes) stay focused. never... (laughs) check it out! cam in overalls! (claire) ohh! (gasps) mitchell sent me the same text! why "look what you've done"? oh, because cam is helping me out with that baseball field, and mitchell hates it when he gets all farmed up. his turn-offs are farm, fizbo, and, worst of all, farmbo. hey! howdy, life pardner! (guffaws)