we do have a crew speaking with police right now. we will update you if and when we get any new information. good evening, everyone, i'm frank somerville. >> and i'm julie haener. there will be no jail time for a former chp officer who stole nude pictures from the cell phone of he arrested. that former officer made a deal in court to avoid a trial and any time behind bars. he couldn't get out of a felony conviction for his part in the scandal that rocked the california highway patrol. ktvu's eric rasmussen is live with the apology harrington made after court. eric. >> reporter: julie, sean harrington apologized to his family, the officers, and the women he stole the photos from. there are still lingering questions about how many other women might have been affected and how far the problem reached within the chp. joined by his lawyer and wife, sean harrington walked out of

court with his freedom, but also an uncertain future. >> this cost me a career in the chp and a career that made my family and my friends proud of me. my actions caused that to be eroded and replaced with embarrassment. >> there harrington to a fellow officer sharing nude photos from two women. today, harrington pled no contest to two felony theft charges. >> were there other women involved beyond these two women? >> just these two cases. >> harrington told investigators there may have been others. last month, harrington had access to her phone during a dui stop. prosecutors say they only charged what they could prove. >> certainly we take into account that he's a police officer, that he abused his position of power and that he violated the public trust. did he get a break from jail because he's a former officer? >> no, he didn't get a break

from jail. he got a much stiffer sentence. >> a felony conviction should keep harrington from getting another job in law enforcement. his lawyer said a new law could leave the door open for harrington to get a second chance. >> legislature has indicated that the system should treat nonviolent thefts as misdemeanors. and i think that the time will probably come where i may consider filing an appropriate motion with the court to have this considered as a misdemeanor. >> harrington is now on probation for three years. the attorney for one of the women says they will now consider filing a civil suit. all right, eric, live in the newsroom. eric, thank you. a jury today found a former concord elementary schoolteacher guilty of 19 counts of child molestation. joseph martin taught 5th and 6th grade. prosecutors say he inappropriately rubbed the chests of several students. this was the second time martin had been on trial for these

charges. the jury in his first trial did not convict him. we spoke to a juror from that first trial. >> i think that was what a lot of people had a problem with. having somebody go to jail for touching students. again, most didn't think it was sexual. >> it could be patting on the knee. it could be bouncing on the lap. and that's what people need to understand, that you know, these great babysitters might be doing these things they think they can get away with. >> martin faces a minimum of 15 years to life in prison. he is scheduled to be sentenced on february 20. his attorney says he doesn't know if martin will appeal. >> a dare smash and grab crime early this morning. the thieves made off with expensive pieces of bay area history. rob roth is in san francisco where someone drove an suv right through the front of the wells fargo bank museum. rob. >> reporter: frank, wells fargo says it isn't sure --

wells fargo says they aren't sure when they can reopen the museum after a heist that cost them thousands of dollars in gold nuggets. thieves entered by crashing this suv through crashed doors. >> something weird has happened. that's what i thought. >> stockbroker was walking to his office when he says he saw the suv traveling fast. >> all of a sudden, he swung wide and made a hard right turn and went into the building. >> thee masked thieves held a security gun at gunpoint. their value, approximately $10,000. >> i don't buy jewelry off the street, period. >> terri is a san francisco custom jewelry designer. in general, thieves have an easy time selling the stolen nuggets as is or melted down. >> it's actually pretty easy to get rid of it. most of it isn't documented. so, you can go online and you

can find any number of sites that will buy or sell gold nuggets. >> the price of gold is going up. it's worth almost $1300 on ounce. >> oftentimes it is shipped elsewhere and usually it doesn't remain in the same local that it was stolen in. >> police say the thieves put their stolen suv inside the museum. >> we are working closely with that bank and museum to see if there's any possible relation to prior history with the suspects. >> now police say this is the fourth time in two months that thieves used a vehicle to smash into businesses in san francisco. and they say none of those crimes is related. frank. >> rob ross in the city tonight, thank you. >> authorities in walnut creek are looking for a wrong way driver who led them on a chase through the city. police say the driver of a dodge charger refused to stop when authorities tried to make contact with them. sheriff deputies chased the driver on and off of highway

680. the pursuit came to an end when the chargers slammed into two cars on south main street. police say the driver then jumped out of the car and ran. he is still at large tonight. authorities are calling it a fake furniture store that served as a front for a marijuana growing operation. santa clara county authorities searched the store on monta ray road last thursday after a lengthy investigation. they say the store was never actually open for business and that the furniture there was never actually on sale. but, they do say toward the back of the store, they found this. more than a thousand marijuana plants. they also say they found more than 50-pounds of processed marijuana. detectives have arrested 39- year-old. they took him into custody inside the store. he is charged with the illegal cultivation of marijuana and utility theft. there is a new development tonight in that deck collapse that injured three people in san francisco sunday night. ktvu has learned a violation has been issued by the department of building

inspection. it also orders an inspection by a structural engineer to determine if the deck needs to be fixed or replaced. two men and a woman were leaning on that railing when they collapsed and fell 20 feet. it happened at the home during a birthday party. >> super bowl sunday is just five days away, but football fans are pulling into phoenix. traveled there to get a sense of all the excitement and how super bowl xlix could give us a glimpse of what super bowl l will be like here in the bay area. >> the valley of the sun. so calm. so quiet. >> i hate the seahawks. >> until just about now. >> seahawks, are you nervous a little bit? >> no, we got it. >> come on. >> no, i'm not. >> plenty of confidence swirling in the desert as arizona prepares to host super bowl xlix. >> it's 5 degrees in colorado springs. >> the fans of the seahawks and patriots flying in. >> smile pretty.

>> it's a good spot. i like it. >> every time i drive around this area, there is so much to do. >> and the direct tv superfan festival will be one of those hot spots. >> a lot of different projects. i have production going in. >> zach murphy is in charge of turning the family owned corn field into a massive three-day tailgate party across from the stadium. murphy is here now, but he is scouted outside for super bowl 50 in the bay area. >> we have a map. it goes from santa clara to san francisco and we have 10 or 15 different venues that we look at. >> thanks for taking the time. are you nervous? >> no. >> instead, he says he is honored. keith bruce, the ceo of the san francisco bay area super bowl l host committee. >> super bowl l is another opportunity to set a new bar or to establish a new era for super bowls to come. >> bruce says like glendale to phoenix, there is distance separating to san francisco. why he and his team are in arizona this week focused on

observing two things. operational planning and fan experience. >> it's about transportation, it's about public safety and security. it's about crowd flow, how the crowds interact with super bowl central in downtown phoenix. the types of attractions that they like, that they are attracted to. any creative learnings that we have. the production values. >> fans in town for super bowl xlix, well, they say the bay area will be a great host site and look forward to it. even seattle fan, reggie is trying to get in the last word. >> i am not so sure the seahawks won't be in santa clara this time next year. >> one game at a time, reggie. in phoenix, ktvu channel 2 news. the measles outbreak has reignited a fierce debate about vaccines. ktvu sits down with a mother and father watching their newborn fight just to breathe. the new perspective they want to share with other parents. >> is ride sharing having an

impact on drunk driving? uber says it sure does and they have the numbers to prove it. >> a few light sprinkles out there this morning in the south bay. will we see more this week and how warm is it going to get? i'll have the specifics right after the break. >> and a quick look at the commute on this tuesday evening. this is a live picture right now of interstate 680. the headlights are drivers heading north. it looks congested out there going to the north, but to the south, not quite as bad. we'll be back with more in just a moment.

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new information about the young jogger who died when two cars crashed in san jose yesterday. the family of 24-year-old says that she loved to jog and was a business student at cal state east bay. she was out running and was less than a mile from her home

when the two cars suspected of racing lost control, crashed, and killed pabla. he had this message for the two drivers. >> those two guys that did this, i hope you go to sleep at night knowing you killed an innocent person. but still pay for your family as well. >> 18-year-old gabriel and 23- year-old manuel have been booked on charges that include vehicular manslaughter and reckless driving. police say they were going 70 miles an hour in a 40-mile an hour zone. new at 6:00 tonight, uber released a new survey showing how ride sharing services made an impact on drunk driving. uber teamed up with mothers against drunk drive to conduct the survey in 19 states. it found 4 and 5 lee respondents said they were less likely to drive themselves home. the company released the survey

this week. football fans gear up for super bowl sunday. >> this is a weekend where you see a huge increase in people. and so hopefully this study can reach people and remind them there's a new alternative. >> uber customers who request rides over super bowl weekend can donate $1 to mothers against drunk driving by typing in the code, think and ride. >> santa clara county health officials confirmed the first flu death this season. the health department says the person who died was under the age of 65 and the person died this weekend. they also say the person had not received the flu vaccine. this comes as the flu season and the measles outbreak have rignited the debate over vaccines. one bay area mother say she understands people's concerns about getting vaccinated. she also wants people to understand what it's like to sit at your infant's hospital bed as they literally fight to breathe. her two month old daughter,

london, has whooping cough. claudine wong spoke with her parents. >> two month old london is never alone at this isolation room. because this could happen. >> time stops, and you don't freeze, you just -- it's just such a terrifying moment and you feel helpless. >> london has whooping cough. >> where she got it, i don't know. >> she is too young for the vaccine. when she first got sick a couple weeks ago, doctors thought she had pneumonia. >> thinking we are treating pneumonia, we'll be out of here, it's going to be clear and good to go. >> on january 16, aubrey posted this picture saying, i'm just too tough for pneumonia. a couple days later, the cough started. >> she started with this cough and she would cough really hard

and she would start to lose her color. she would start to turn purple and red, like she stopped breathing. >> they ended up at the children's hospital where she was diagnosed with whooping cough. that's what aubrey's post started to change. they ended with a plea, please vaccinate. her posts are raw and painful. she posted this picture after london suffered through yet another terrifying episode. >> all i can do is sit down on my bed and put my hands in my head and cry. i was so helpless and i couldn't do anything. she was really blue. it it was the worst moment of my life for sure. >> that post also ended with, please vaccinate. and last night, this video. aubrey writing, i hope this will show her suffering is needless. please, vaccinate. >> i don't want to judge anybody, but now that it has touched me so deeply because to

see my baby, my tiny little perfect baby lifeless in my arms for no reason at all, is just -- nobody should have to see that. >> london has a long road ahead. her parents can't imagine sleeping peacefully ever again. >> you just can't, because it's that constant worry. that cough you don't hear it and your baby doesn't end up breathing. >> they tried to explain it to their other three children. >> in tears today, i'm worried about london. she may not make it back. they have to know that. >> as they sit by london's bed watching every breath, they also keep coming back to one thing. >> this all could have been prevented. >> it's completely preventable as a parent. i wouldn't wish this for anyone. >> in oakland, ktvu channel 2 news. >> boy, that is a sobering story, more details now according to the cdc, more than

48,000 cases reported in the u.s. in 2012. that's the highest number since 1955. half of the infants have to be hospitalized. 1 to 2 percent of those infants don't survive. vaccinations for children and adults, london got sick by the way before she was old enough to get her first vaccination. boy, as parents, you can sure relate to your child struggling like that. >> so sad to see her like that. >> i know the helpless feeling. we wish london all the best. we want to check the weather now with bill and find out what is heading our way for the rest of the week. it's been mild out there, especially when you look at what is happening out east. >> temperatures in the upper 60s, and the big nor'easter dropping 2 feet of snow in boston. temperatures in the 20s and 30s and around here, we are mid 60s and dry. there were some sprinkles this morning. you can see some sprinkles out there now on the radar. again, most of this is not hitting the ground. it's evaporating before it is

hitting the ground. shows it sliding through the bay area. i wouldn't be surprised. you might see a few drops. but not enough to slow your progress. i wouldn't worry about it in terms of traveling. so we do notice less fog because of this weak system that went through. patchy fog will try to reform again tonight and we will be back into that cycle with the fog in the mornings, temperatures back into the mid and upper 60s as we head toward the weekend and dry through the weekend. the long range models put thing in around february 7, which is a ways off. for the most part, we are looking dry around here. interestingly enough, rain fall, santa rosa right now, about 97% of average. that's amazing when you consider a dry january. goose egging in san francisco for january, which is dry as it's been since we have been keeping records. high pressure sits here. it stays here right through the weekend and so warmer weather

will ensue. the forecast models show you tomorrow morning, first thing i notice is, obviously rain north, but where is the fog? we had fog morning after morning for the month of january. but the fog will be there. there will be patches of it. not that big river of fog. looks like a coastal fog may show up tomorrow night and forecast highs tomorrow, there you go, mid 60s. a lot like what we had today, but with more sunshine. it will be a nice day tomorrow and the santa clara valley with good air quality. that weak system that is going through is enough, you get vertical mixing. you get pattern like this with the weak system, you get the air going up and down and mixes it out. we have a nice clean atmosphere, but a dry atmosphere. a little snow around lake tahoe, but not enough to do much. hopefully something will pan out in the next couple of weeks. >> hopefully. we are getting desperate.

all right, thanks, bill. >> the nfl rolled out its annual super bowl media day today in phoenix, arizona. >> and the patriots and seahawks went out in entertaining their fans with their interviews and some dance moves as well. mark is up with sports, next. >> and it's time to check in with gasia. she is live with a look at what we can expect at 7:00. >> coming up at 7:00, the predicted historic blizzard is living up to its events. we'll see how that is affecting travel here at home. also, the mormon church is softening its stance when it comes to gays and lesbians. why some critics say the church doesn't go far enough. we're working on these stories and more for you coming up at 7:00 on tv 36.

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mark is here with sports. some fun stuff today at media day. also some concerning stuff regarding marshawn lynch. >> this one day you can ask stupid questions, you can answer any way you like and one of the true focused players you want to hear from absolutely doesn't want to address the media in any way, shape, or form. but, the show goes on. and as you can see, it's the big show. some 2,000 media members there, and about 200 of them crowded

around marshawn lynch. he was asked 49 questions and he responded the same way every time, which you will see momentarily. the usually straight faced stiff as a board bill belichick, coach of the patriots broke from his usual character as he was asked by the seven-year-old daughter of his linebacker about, well, listen for yourself. a little unusual question. >> what stuffed animals do i like? i like a little puppet that you can kind of put your fingers in. it's a little monkey. can i ask you one question? did your daddy fix your hair? >> you can all sit here and ask me all the questions you want to. i'm going to answer with the same answer. so, you all can shoot if you all please. i'm here so i won't get fined. i'm here so i won't get fined. >> i am not getting paid to

test the balls these days. >> i mean, since i'm the one who only whips out my dance moves, i have to go with myself. >> he was asked -- >> we have a lot of good looking guys on our team. so -- >> i'm just here so i won't get fined. >> it does feel like a loaf of bread. >> i'm just here so i won't get fined. >> my dance style is unorthodox. i just have a blast. let my body do what it wants to do. >> here is richard sherman moments ago. >> i'm just here so i won't get fined. >> hey, not him. >> there's no question that richard sherman is the best dancer. yeah, he's the one. >> i'm here so i won't get fined. hey, i'm here so i won't get fined. >> i'm just here so i won't get fined. >> and the minimum time was 4 minutes and 30 seconds.

>> 4 minutes, 52 seconds, 29 times they tried asking him a question. warriors play tonight, we'll have it all at 10:00. >> an update now on our breaking news from the top of the show. two deadly shootings in the bay view minutes apart. both just after 4:00 this afternoon. the first on bay shore. a man was shot and taken to the hospital where he died. a woman was also shot at the scene. a mile away at the same time, a woman was found shot to death on revere. more on this coming up on the 10:00 news.

e minutes. you're destroying those things. ay, jay, leave him alone. well, i'm sorry, but that cow has suffered long enough. fun. whoa, whoa, whoa, wait. hang on. dinner's ready in five minutes. coach wants us to practice lay-ups. they are deceptively hard. a curious mix of dance and strength. you're making it lame again. sorry. ay, dios mío, that coach. i hate that guy. he seems to have the kids motivated. oh, dad, you haven't seen him. he taunts the kids. he's abusive. if this was a colombian soccer league, long time ago, one of the kids would have taken that guy out and kkkhh! a coach is supposed to ride the kids hard. phil, help me out here. he's a mean man. oh, you're such a woman. come to the game. you'll see. this guy's a real mother-scratcher. pardon the language, gloria. mm-hmm. gloria? he better cool it, or i'm g