d.a.'s office, harry connick senior had retired and the new d.a. r office on an anti-corruption campaign. now, he wanted to make a deal. >> the district attorney's office was not eager to go and try this case again, based on the evidence as it then existed. john could plead to some lesser offense and be immediately released from prison. >> i'm like, hell no. i'm not pleading guilty to nothing. after all this stuff we proved, these people are still trying to make me plead guilty to something i didn't do. >> the jury got it wrong twice before, there was some risk that a jury would get it wrong again, no matter how strong the evidence was. much as we were convinced of john's innocence, we had to think about getting him out of jail as our first priority. >> mike and them was like, john, we are not talking about you as attorneys, but we are going to talk to you as a friend. we cannot control the minds of 12 people, we can only present them the facts. if 12 members come back and say you're guilty, could you handle that? is it fair on your mom, your childr

d.a.'s office had the san mateo d.a.'s office and the state attorney general's office review their work. plans to ask the department of justice to do an investigation as well. she'll continue to fight for different results, though she can't bring herself to watch that video just yet. >> that will revictimmize me, traumatize me, and throw me over the edge and i have to stay sane for the next battle against them. >> san jose state released a statement saying the findings speak for themselves, but that because the family file add civil suit, they are limited in commenting any further. >> ann ruben in san jose tonight, ann, thank you. >> oakland police have two suspects in custody tonight in a kidnap for ransom plot at a press conference late this afternoon. investigators said this whole thing started at 10:00 last night in oakland when a man was kidnapped. police will only say they used some sort of technology to track the victim and suspects to a home in howard. when officers arrived, the suspects took off, crashing their car after a brief chase. >> when we took the suspects into custody,

d.a.'s office. >> reporter: the d.a.'s office spent a lot of time on cases involving ray mcdonald.he fourth time he's been arrested since last august. he walked out of the santa clara county jail at about 11:00 last night after he posted bail. detectives said they learned mcdonald violate ad restraining order for being at home in santa clara related to his arrest on monday involving his former fiancee and their instant. santa clara police arrested him across from levi stadium. mcdonald's attorney told espn mcdonald was never served with a strange order but told to stay away from his former fiancee. he went to the home to meet with a defense investigator and was told she would not be home. he signed with the chicago bears night offseason but released him hours after monday's arrest. one of the bears players tweeted out good riddance. reporting live in san jose, matt keller, abc 7 news. >> this morning we can learn the identity of the east bay man killed in a mobile home fire in livermore yesterday. it broke out in a mobile home park on south front road. there's cell phone video. fir

d.a.'s office reached the right conclusion. authorities to publicly release the officer's body camera video and calling for a federal investigation. after more than a year of waiting, hoping, and protesting, this was not what lori valdez wanted to hear. that the d.a.'s office found the fatal shooting of her boyfriend by san jose state university police to be justified. >> i'm hurt. i'm sad, and i'm very angry. >> the district attorney's office issued a 46 page report. and images from a body camera worn by one of the officers. police arrive, finding antonio lopez on his knees. a later image shows him walking, carrying this with him, a large saw blade. and after a taser failed to stop lopez, another frame shows the officers with weapons drawn. he was shot twice and killed. >> i don't want to see antonio last breath, gasping for air. >> declined to watch the body cam video, instead, choosing to have several representatives watch for her. they had this to say about it. >> i didn't see antonio make any aggressive move toward any pol

d.a.'s office? >> that may come from earlier, from the leaks. >> i think it's a question of how do we restore public trust in all of us if you're the prosecutor's office. and having too cozy of a relationship between the prosecutor's office and the police department is one of the problems that people have had in the past. this separation i think establishes that. i don't think it's disrespectful. and i think this is the opposite of business as usual. they're saying we're no longer going to do that. >> there's also though of course the perception of a cozy relationship. you're talking about between the prosecutor and police but also between possibly the prosecutor in the case and the freddie gray attorney. their attorney is a big sponsor of hers financially. was a chair of her transition campaign. there's been criticism of that the police union has asked her to recuse herself. she has said she's not going to do that. here's the question. did she feel pressure for the charges? from that but also from

d.a.'s office. >> we apologize for the audio problem there with matt. we'll try to get back to him later. also this morning we will learn the identity of the east bay man killed in a mobile home fire in livermore yesterday. this is cell phone video taken by monica. firefighters found one trailer fully engulfed and a second one next door also burning. crews discovered the victim inside. one of the trailers once the fire was out. no one else was hurt. officials are investigating. >> a man who took hostages at gunpoint in east bay is face slew of charges this morning. the four hour drama played out at an antioch gas station in front of our cameras. >> reporter: the 35-year-old man who police have not identified finally gave up. he's been holding two people hostage at the arco gas stakes in antioch. earlier he car jacked and drove off. >> victim had his sfoin vick and within minutes we tracked on that cell phone. >> reporter: the chp fold burgundy car business helicopter until they speck its wheels. the suspect jumped out armed with a .357 revolver. >> i ha

d.a.'s office said the case is still a domestic violenc

d.a.'s office thomas holiday of yardley forfeited his home in january after being convicted of sex crimes. the county then sold it. $50,000 worth of the proceeds will be put in trust for the victim while more than $230,000 is going to help victims of sexual abuse. >>> and from our delaware bureau. ever hear of a traffic jam on the beach? well, believe it or not,iv sometimes the case on delaware's state run drive on beaches. you're only supposed to drive on to beaches like this one if you're going to fish. but some fishermen say there are lots of weekend fishing phonies who drop in a line and go party on beaches overcrowded by 4 by 4s. fishermen say the state parks don't have enough rangers to enforce these rules. >> what it really boils down to is the people visiting these parts, local or out of state are not following the rules. you have to fish. >> late today, delaware environmental officials announced the beaches will be single file parking from now on. this should give rangers more time to make sure people who drive on are actually fishing. >>> well felt like a summer day at the beach

d.a.'s office. the district attorney announced she wasn't seeking a third term so she could run for common police judge. meanwhile in delaware county voters are heading to the polls in the tiny but troubled borough of colwyn. they're competing for three open council seats. eight democrats and five republicans running there. the top four vote getters from each party will move on to november's election. now polls across pennsylvania will open up at 7:00 this morning. live in digital operations center i'm vai sikahema "nbc 10." >>> vai, 4:47. new this morning the state department could release portions of e-mails of former secretary of state hillary clinton today. a state department official said the department plans to post the releasable portions of the 55,000 pages from her private e-mail account on its website. the review is expected to take until the end of the year. clinton, who is obviously a democratic presidential candidate, said she wants the department to release the e-mails as soon as possi

d.a.'s office will determine if this was an or a crime. >>> it is 4:56.a new report revealing saltwater may be damaging the new bay bridge. the dangers drivers face if they don't fix the problem coming up. >> sweeping an unprecedented water use regulations were just h le griego. >> hi, everyone. i'm frank mallicoat. it is nearly 5:00 now. >>> california's drought emergency is prompting even tougher regulations to get people to save water. anne makovec is live in our newsroom to explain why some areas will have to save more watered than others. anne. >> reporter: it all depends on how much each water district has saved in the past. the state is mandating a 25% reduction in water use over 2013 levels. and in march, overall water reduction was a mere 3.6% so the state water board has approved new regulations. cutbacks range from 8 to 36% based on how many gallons each water district has been using each day. the more gallons, the bigger the cuts. >> this is about preparing for a drought that we now know can go beyond what we have seen in this century. >> repo

d.a.'s office agreed to show her the video from the body cam the officers had on them. she will also hear the 911 call and review the d.a.'s findings. none of these things have ever been released. now recapping, he was seen on campus with a 12-inch saw typically used for cutting drywall. now, when san jose state university police responded they found him off campus they ordered him to drop the saw. they tried to tase him. he according to reports charged at one officer. that's when the second university officer shot him from behind. his wife told me this afternoon it will be very hard to go over that day with the district attorney. >> how did you prepare for this? >> i didn't. i didn't. all this 15 months of fighting. this is what i wanted. i wanted the truth. and hopefully today we can put an end to it. >> reporter: now valdez went in there with her attorney and two friends. her two children will not be present. she went inside at about 4:00 not sure how long that process will take. we assume it will probably take more than an hour. so she has been there for at least tha

d.a.'s office is waiting for a blood test results before filing charges this say he was driving under thefamily's little more home >>darya: there was already a birth date and first the million he is out on bail now pending his arraignment. he walked outside-2 he was shot. . >>darya: the words are hoping they can tie the series against the grizzlies and the rest of the conference semifinals right now they are traveling to to one game 3 was all memphis on saturday golden state behind 19 points in this game again for 630 tonight in memphis in the war is really to change the momentum and get the series tied up a reminder you could watch all things warriors on our web site we have an up-to-date on the game in the action with to expect tonight and the injury he would not be in game 4 tonight is on our website. >>mark: will have more on the new damage video coming and + president obama response to a letter from an 11 year-old in south dakota what she said that the president's attention. >>george: she still expressing lighted unusual track the conditions into normally used as bridge now was a gre

d.a.'s office is investigating the spill for possible criminal prosecution >>darya: 2 matter in the hospital recovering from serious injuries after a deadly house fire in the east bank we broke the story last night on the morning news at 11:00 p.m. one woman was killed in the two men were injured from smoke inhalation and the fire in east oakland the fire started just before 7:00 last night their chemistry and a knack avenue investigators say is started on the kitchen stove. >>mark: after a fracture was found one of the steel rods was after the east and towers to its foundation could be a warning for hundreds of similar which is designed to detect the bay bridge and the earthquake is in a fraction of was a lot of corrosion caused by salt water that is leaking into the concrete base the ride is now undergoing more lab testing a tight experts think the fed action may be assigned of corrosion problems in the other 400 rides on the $6.1 billion spent. >>darya: that taking over a famous archeological site in syria setting them off for an attack on another major city find out where the second mari

d.a.'s office concluded that the shooting was justified lopez's partnered disagrees calling it an outrage. "demeanor as allied's the pretended beat never happen they thought maybe because the law have to do justice because antonio was undocumented should abandon the first place out of well but his son is here on here this is an ok though this federal university place in calling for independent investigation witness to that of a dramatic kidnapping what he saw how police cinquefoil the crime. mass >> reporter: of housing crisis coming up on crime we talk to families getting squeezed out of the bay area. >> gary: when you work the friday before memorial day you know eyre in love my wife was here regatta things going andrea the jan highlights of the day's highlights and lawyers off to a slow start and the side. in the houston all all of a letter this >> reporter: shall worker who works in the area she needs to get the close to 94 year-old mother who suffers from dementia. >> reporter: to move an hour more way of appear can do it. even if i could pay his money there's no place is available all

d.a.'s office had both the san mateo county and state attorney general's office review their work. so lori value -- valdez plans to ask for an investigation. >> that will revictimmize me, traumatize me and maybe throw me over the edge and i have to stay sane to go for the next battle against them. >> reporter: san jose state says they cannot comment. >>> these e-mails were all on clinton's personal server. the pages released today deal with an attack on the consulate in benghazi. they reveal a range of correspondence on the topic. both the white house and state department say they don't change anyone's understanding of what happened in benghazi. after the fact the fbi classified part of one e-mail which involves the arrest of possible suspects in the benghazi terror attacks. >> i'm aware that the fbi has asked that a portion of one e- mail be held back that happens in the process of freedom of information act responses. >> the state department won't release every e-mail that clinton sent and received on her server. some 30,000 e-mails said to be perm were deleted. >>> california's

d.a.'s office about what happened but the officer did suffer a concussion.pulled his weapon and fired three times killing for tony robin robinson. the officer's attorney spoke days ago about what he thinks should happen in the next coming days. >> they are cognizant of the fact that tony robinson's family has suffered a tragic loss. that weighs on them. since the incident occurred to hear officer kenny referred to as a racist and murderer when there's been so little information that's been in the public view i think has been very difficult. >> reporter: now a lot of people have been talking about this investigation and why the officer did not use a taser. i can tell you in madison officers are not allowed to pull their taser unless they have backup. the officer felt like his life was in danger. we heard those 911 calls that he had to respond once he went in and that struggle started and people want to know information and what happens today and once again protests are expected again. >> all right. we'll get back to you. thanks so much. at the top of the hour

d.a.'s office is pleased with the guilty plea, they disagree with the sentencing saying they wanted her to serve time in state prison not county jail. again with time served she could be out in two years before her 30th birthday. in santa cruz, i'm azenith smith, ktvu news. >>> lots of clouds out there. again today temperatures on the cool side even a little bit of drizzle. there we are live outside in the oakland estuary now. fog and low clouds making their way back inland until tomorrow morning we wake up mostly cloudy like we did today. and you can see the rotation here. you see everything going this way. that low is gradually moving over. you see it shifted. but it still lingers with that this pattern of cool, breezy, and cloudy conditions are going to last. really for the next 48 hours and then it changes around. you can kind of see the dull area here. this is representing the cloud. you can see coastal fog. it's a little higher cloud. low clouds to the livermore valley. everybody has it tomorrow morning. it's coming inland as it has the last couple of nights. 39-mile an hour gusts. s

d.a.'s office. the city also levied fines, exceeding $100,000.s a paper trail of threats that has apparently had no impact. >> how old do you have to be to go in? is there an age limit. >> 18 or 19. >> we talked to a private security guards paid by san jose organics. >> this one is 18 and up. >> this one might be yeah. >> although they are not employees, during our reporting we learned one of the responsibilities of the on-site security guards is to greet customers and confirm they have a medical marijuana recommendation and a valid i.d. now listen to them answer our questions. >> get yours first and talk to them. i'm sure they can make arrangements. >> as if -- >> just leave it at thatment arrangement arrangements. >> technically you are supposed to be 21. >> pretty much. like i said first get the regular. >> evidence is irrefutable here. i'm taken aback by what they are doing an how they are doing it. >> a medical marijuana distributor operating without a city license. according to customers and employees, a business not following the city's ru

d.a.'s office i'll get everybody's lunch, whatever i could do to get the internship. i wanted the opportunity. i wanted a chance. >> what's incredible is how you basically were let go and got hired because you were the last one in. and you had the tumerity to go and say i'll be back. >> i'll be back. >> a lot of young women don't have that kind of confidence. >> i got into the l.a. da's office. i was the only one hired that wasn't an intern from l.a. da went in learned, became i think an even better prosecutor trial attorney. criminal courts building and some really impoverished neighborhoods. i vow identity would return. in fact i did. >> many books of advice out there. your chapter on money and relationships is unique. i think there's not enough books about this. you speak in a way that says okay i could follow this along. list of ongoing expenses. do things together. how to deal with it if a marriage ends. probably some of the best advice i read in here. >> the pictures are amazing. >> you can find the book on amazon.com harper colins.com and in all of your book st

d.a.'s office. levying fines, exceeding $100,000. a paper trail of threats that has apparently had no impact. >> how old do you have to be to go in? is there an age limit? >> i think 18 and 19. >> we also talked with a private security guard paid by san jose organics. >> this is 18 and up? >> it might be. >> although they're not employees, during our reporting we learned one of the responsibilities of the on-sight security guards is to greet customers and confirm they have a medical marijuana recommendation and a valid i.d. now listen to them answer our questions. >> just get -- first and talk to them. i'm sure they could make some arrangement. >> as if like if i'm what? >> leave it at that. some arrangement. >> appreciate it. technically, you're supposed to be 21? >> pretty much. like i said. >> the evidence is irrefutable here. i'm just taken aback by what they're doing, how they're doing it. >> it's a medical marijuana distributor operating without a city license. according to customers and employees, a business not following the

d.a.'s office wanted her to serve her sentence in prison but the judge sent her to county jail instead.ld be out in two years. >>> 8:35. the construction of a new aquatic park is moving forward in the east bay in the middle of the drought. is work is already underway at the site of the aquatic center. the plan calls for pools, wt slides and a -- waterslides and a spray don't. critics say this sends the wrong message when residents are encouraged to cut back their water use. >> i think the timing is wrong and i think they could complete some of the more environmentally friendly community parks that people want. >> at a meeting of the dublin city council last night, city officials say the project was put on hold in 2008 during the recession and now is the time to move forward. however, the dublin san ramon services district says it cannot guarantee it will have the water to fill the pools when te open in 2017 -- when they open in 2017. >>> a lot of people are sick of talking about the local political race. pam cook talked with the winner of the hotly-concontested race -- contested race. >

d.a.'s office said the case is still a domestic violence case because of the relationship between the two people and going forward legally shows the office takes domestic violence seriously. legal analyst steven clark agreed. >> they want to send a message. we're not going to just prosecute assault. we're going to prosecute all cases of domestic violence between people where one party is exerting control over the other. >> reporter: catherine of solutions points out destroying someone's cell phone is significant. >> it's more because he restricted her ability to call for help. with no injury it's harder. there's not the evidence and if she won't testify, it may not go through. >> reporter: now, the 49ers issued a statement saying the team will continue to monitor legal proceedings. miller is due back in court on may 26th. if convicted, he could be sentenced up to a year in jail and could face sanctions from the nfl no matter what happens. the judge also issued a no-contact protective order in this case. live in san jose robert handa, nbc bay area news. >>> just into our newsroom a 13-year

d.a.'s office was fair? >> no. and they did the investigation within two weeks, a two-week time frame the investigation was completed and handed into the d.a. i think they missed a lot of things. i know they missed a lot of things. and a lot of the story where matt kenny is -- his side of his story was contradicted from when we first heard his supposed statement. >> do you plan on filing a civil lawsuit against the madison police department? >> absolutely. the things that have taken place since my son passed and the things done to my family to me is -- they've gone above and beyond to try to make sure they kicked me when i'm down. they have done a smear campaign against my child and against me since this all began. releasing things that were not even true against my son, knowing that it wasn't -- wasn't involving my son. he's a junior. it has been a disgusting -- disgusting view of my own city and things that i never, never imagined would happen to a person who just lost their child. >> for the people who have prot

d.a.'s office asked us to not identify the witness and they're not saying if he's a citizen or law enforcement officer. katie marzullo, abc 7 news. >>> an oakland community was stunned when a 14-year-old boy was shot and killed by an unknown stranger last february. today the man behind the senseless killing was charged with murder. and now, we've learned the victim wasn't the only target. live at oakland technical high school where he was a student. >> reporter: he attended oakland tech. today in court his family caught a glimpse of the alleged shooter. now his father says, he believes the shooter was mad about something. mad at the world. a mash of 1st shoot-out between a suspect and hayward police provided evidence to link 28-year-old donald higgins to the murder of the 14-year-old ellis, several miles away in oakland. >> i'm happy. i'm happy. finally some justice dealing with my son's murder. >> reporter: that's the 14-year-old's father who was in court today as higgins was charged with several counts of murder and attempted murder. one day after his son's death, the alleged gunman barricad

d.a.'s office. the city also levied fines exceeding $100,000. it's a paper trail of threats that has apparently had no impact. >> how old do you have to be to go in? is there an age limit? >> 18 or 19. >> reporter: we also talked with a private security guard paid by san jose organic. >> this one's 18 and up? >> reporter: although they are not employees, during our reporting, we learned one of the responsibilities of the on-site security guards is to greet customers and confirm they have a medical marijuana recommendation and a valid i.d. now listen to them answer our questions -- >> get your reg first, then come talk to them. i'm sure they can make some arrangement. >> as in if i'm like -- >> arrangements. >> appreciate it. so technically you're supposed to be 21? [ inaudible ] >> pretty much. but like i said first get your rec -- >> yeah. okay. >> yeah wink, wink, okay? >> the evidence is irrefutable here. i'm just taking aback by what they're doing. how they're doing it. >> reporter: a medical marijuana distributor operating without a city li

d.a.'s office tells me they want some to be used in research into the dangers that the shark population facess. >>> more than 30 people are recovering from injuries this morning following a fiery chain reaction crash in iowa. check out this video. authorities say two semi trucks, several cars and a bus were involved in the crash. it started when the driver of a semi slammed on the brakes to avoid a backup from an earlier accident. a shuttle bus slammed into the truck with both bursting into flames. fortunately, everyone was able to escape. >>> in the sacramento delta, state officials have begun a construction project to retain fresh water. some call it a drought barrier. >> reporter: in a state where people keep asking what government is doing about the drought, here is a drastic mesh. construction of a temporary drought barrier in the sacramento delta. still not everyone is happy. >> this is a sad day. this is very, very sad. the last few days to see this going on. >> reporter: when finished the rock barrier will close off 750 feet of channel and block tidal saltwater from flowing into the d

d.a.'s office. >>> a long battle over palo alto's last remaining mobile home park is over. city council approved the property owner's right to close buena vista mobile home park and now the owners have six months to evict the 400 people living there. an appraiser will decide how much money the residents will receive for being forced out. >>> a popular reusable shopping bag may have a hidden effect. they could have an adverse impact on shoppers' diets. apparently a researcher at the harvard business schools studied the habits of those who used reusable and those who didn't. with reusable bags people bought more organic foods as well as junk food. this is based on something called the licensing effect. it's possible people felt virtuous about helping the environment and so they felt they "deserved" a treat. >> so when you're doing a good thing you want to do a bad thing with it. >> i guess so. >> that was my story from last night. it may not apply as much here because we might be bringing bags to avoid the 10-cent fee. elsewhere in the country, they bring it to be virtuous. w

d.a.'s office asked us to not identify the witness and they're not saying if he's a citizen or law enforcement officer. katie marzullo, abc 7 news. >>> an oakland community was stunned when a 14-year-old boy was shot and killed by an unknown stranger last february. today the man behind the senseless killing was charged with murder. and now, we've learned the victim wasn't the only target. live at oakland technical high school where he was a student. >> reporter: he attended oakland tech. today in court his family caught a glimpse of the alleged shooter. now his father says, he believes the shooter was mad about something. mad at the world. a mash of 1st shoot-out between a suspect and hayward police provided evidence to link 28-year-old donald higgins to the murder of the 14-year-old ellis, several miles away in oakland. >> i'm happy. i'm happy. finally some justice dealing with my son's murder. >> reporter: that's the 14-year-old's father who was in court today as higgins was charged with several counts of murder and attempted murder. one day after his son's death, the alleged gunman barricad

d.a.'s office. matt? >> reporter: this latest case is in the hand of the district attorney's office.secutors have to decide whether or not charges will be filed against ray mcdonald. the former 49ers player walked out of the santa clara jail around 11:00 last night after he posted bail. they learned mcdonald violate ad restraining order after being in a home in santa clara related to his domestic violence and child endangerment arrest. they arrested him across from levi stadium. mcdonald came back and asked for their address and saw the officers pull up. >> he looked a bit distraught. he came in and sat over there for about three or four minutes and then was in and out on the phone. >> reporter: mcdonald's attorney told espn mcdonald was never served with a restraining order although he was told to stay away from his former fiancee. he said mcdonald went to the home to meet with the defense investigator and was told she would not be home. he was released from the 49ers siting more decision-making. mcdonald filed a defamation lawsuit in march against a woman who accused him of rape. h

d.a.'s office will investigate whether a crime occurred. >>> a check of traffic on this "hump day." >> we at the bay bridge toll plaza makes it hard to see how far traffic is backed up but it is stacked up through the maze from our sensors. on the eastshore freeway approach it's slow 580 also backed up to 24. the eastshore freeway is backed up because of a wreck at san pablo dam road and traffic is heavy from the 4 interchange out to kirkville. here's a bright spot on your morning commute. 880 in oakland probably won't look like this forever. but for right now near the oakland coliseum, everything looks great into downtown. i mentioned that earlier wreck in petaluma. sounds like the tow crews are out there now. southbound 101 at kastania, it is still slow from lakeville highway. but once you get past all that it looks good and then begins to slow again to novato. here's a live look at antioch. we also had another wreck. they all came in around the same time. this one at loveridge. and you can still see the slowdowns from the antioch area even though we think all lanes are now back open. i

d.a.'s office will determine if it was an accident or crime. >>> 5:56.t half-hour, you may want to go back and check your old bank statements after one of the nation's largest institutions is accused of secretly scamming its customers. >> sweeping and unprecedented new water use regulations were just approved for california. coming up, >>> your realtime captioner is linda marie macdonald. >>> good morning, it's wednesday, may 6. i'm michelle griego. >> hi, everyone. i'm frank mallicoat. it is 6:00. >>> new this morning, san francisco police arrested a street vendor after a fight near at&t park that happened just after the giants game ended last night. officers say two vendors got into an argument when one vendor slashed another in the forehead the suspect ran away but police quickly found and arrested him. the victim was taken to the hospital with nonlife- threatening injuries. >>> california's drought emergency is making tough times even tougher especially for chronic water wasters anne makovec is live in our newsroom to explain why some areas will have

d.a.'s office will determine if there is an unfortunate accident or a crime. the police department says that this investigation is likely to hinge on the interviews that they still have to do with a 13- year-old victim and their veteran officer figuring out war that gun was, how it was stored and how it ended up in the teenager's hands. in gilroy, devin fehely, kpix 5. >>> san jose police are fighting back tonight over an arrest video that some call a glaring example of excessive force. they tell len ramirez the video doesn't tell the whole story. len. >> reporter: that's right, liz. police say that the suspect in this case threatened officers with a bottle. that's before the recording started. that will be part of the internal affairs investigation which will now have oversight from the independent police auditors office. [ sirens ] >> reporter: the video showing a man on the ground held down and surrounded by at least 8 san jose police officers who are trying to handcuff him will be a key piece of evidence in the police internal affairs investigation. but th

d.a.'s office who decided to see if the army was interested in bringing him off of retirement and trying him lawyers from the ranks helped evaluate the case for the army. >> my personal opinion about why this is important to the military is that the military sent gary eastburn for duty in alabama, and his family was left behind, and they were murdered. >> i am sure that there was debate within the military. it is high profile, and controversial, but you had an enlisted person killing an officer's wife. how do you let that go? >> two years after he retired, timothy hennis was recalled to active duty. as soon as he returned to fort bragg, hennis was charged with three counts of murder. >> tim hennis is the only person who has been tried and re-tried for murder three times. >> i cannot comment why it hasn't happened before. nothing the state does effects what the federal government can do. >> they can claim it is a different jurisdiction, but it is the state of north carolina to use the army to get to what they wanted to do, plain and simple. >> but billy richardson now on the sidelines, the co

d.a.'s office involved. >> plus, millions of dollars donated just a tiny fraction though going to good causes. the massive char my name is rene guerrero. i'm a senior field technician for pg&e here in san jose. pg&e is using new technology to improve our system, replacing pipelines throughout the city of san jose, to provide safe and reliable services. raising a family here in the city of san jose has been a wonderful experience. my oldest son now works for pg&e. when i do get a chance, an opportunity to work with him it's always a pleasure. i love my job and i care about the work i do. i know how hard our crews work for our customers. i want them to know that they do have a safe and reliable system. together, we're building a better california. >>> now at 6:30, a mountain lion that was loose in the bay area neighborhood is back in the wild tonight. but now a neighbor could be in trouble for what he did during the tense search. welcome back, i'm veronica de la cruz. >> i'm ken bastida. this time yesterday was, you know, all hands on deck during the massive mountain lion hunt on san mateo stre

d.a.'s office has asked us not to identify the witness, and they're not saying if he's a citizen or law enforcement officer. >>> san francisco police are warning residents of a new scam out there targeting older women in their homes. investigators say these two men entered six homes during the first week of may and stole valuables. here's how they operate. a man tells the homeowner their neighbor is installing a new fence and he needs to take measurements for the job. while he's in the back yard with the homeowner a second suspect ransacks the house. >> runs through the house stealing all the jewelry bracelets, rings, anything they can hold and run out the door. specifically gold and silver and diamonds. >> the men dress professionally and wear safety gear. police say it's okay to call the the contractor's company to verify their employment status before allowing them into your ho. >>> an outrageous robbery in the middle of the night at stanford shopping center. you can see the incredible damage after the newly built bloomingdale's was hit by a crash and grab. the thieves escaped with a lot of jewe

d.a.'s office says drugs may be involved. they are waiting now for a toxicology report. >>> a vote on a controversial surveillance system in oakland has been put off. councilman desley brooks postponed a vote last night on the domain awareness center which would combine video sources from the port of oakland. he said city leaders need to reformat the policy. civil liberties groups are concerned about privacy issues even after officials scaled back an idea to coordinate surveillance video from across oakland. >>> a new setback for health advocates who want to curb soda consumption. a committee voted against the billle that would place a tax of two cents an ounce on sugary drinks. opponents say it singles out sugary drinks. other bills propose warning labels have also failed in recent legislative sessions. >>> happening today oakland parents plan to rally in front of senator lonny hancock's office. they are against senate bill 277, which would eliminate personal and religious belief exemptions for vaccinations. senator hancock

d.a.'s office is going over both cases. >>> even bay area tech workers are finding themselves priced out of this housing market and they're leaving town. kpix5's maria medina with more on the bay area exodus. >>reporter: a condo for nearly $4,000 a month in the bay area or a home the same size for less than half the price near seattle. a 730 square foot bay area apartment for $2,500 a month or an apartment with a little more space in dallas for $1,000. >> the space is very expensive, i would say. >>reporter: it's no secret here the cost of living is high, but now even those making good money are saying bye bye bay area. >> and certainly we see a lot of people checking out of town. >>reporter: mark viltrauma dl, president of piedmont services is saying what geek wire is reporting, high paid tech workers getting fed up with skyrocketing bay area housing prices. >> in some cases the company is moving them, so they're keeping their salary, yet they are, you know, cutting their housing costs by a huge amount. >> they say that they cannot bheef how outlandishly expensive housing prices are and th

d.a.'s office specializes in phone data analysis. >> i figured out a pattern of susanne's life just basedhat day was like every other day in susanne's life. there was no change for that particular day. >> reporter: and you'd expect to see a change if somebody was in the process of committing murder for the first time? >> correct. correct. >> reporter: suggesting she's innocent? >> either she's innocent or she has another phone. but there certainly wasn't communication that indicated that something was going to happen. >> reporter: as hot as detectives were on susanne's trail, they had never stopped looking at the other members of peggy's immediate family. you talked to peggy's son jim and his wife diana right after the murder? >> yes, when they came up. >> reporter: they live in florida? >> correct. >> reporter: were they in florida at the time of the murder? >> jim was in florida. and diana said she was in d.c. >> reporter: why was she in d.c.? >> she said there was a family wedding. >> reporter: and the records backed that up. when robyn arias looked at jim's cell phone, it never left f

d.a.'s office says drugs may be involved. they are waiting now for toxicology reports. >>> today state attorney general kamala harris is expected to reveal plans to address the issue of sexual assaults on college campuses. as many as 20% of students have been victims of sexual assaults. 80% go unreported to law enforcement. >>> it is 6:08. up next, a would-be burglar tried to hit the wrong home in the east bay. hear from a 4-year-old who helped put that criminal behind bars. >> you are going to want to mark your calendars for what is going to be a monumental traffic backup in the city. we'll tell you about it and why it's happening next. >> rain is returning to the bay area. we will track the raindrops together. >> and it is a rough start for the tracy, altamont pass and livermore valley commutes. a series of accidents or female announcer: the mattress price wars are on at sleep train! we challenged the manufacturers to offer even lower prices. now it's posturepedic vs. beautyrest with big savings of up to $400 off. serta ico

d.a.'s office. and i think they've done much more damage than they have good. >> all right. i'll tell you what darrell, i promise we're going to get back to you. more on the ground from baltimore straight ahead. there's only two of us... how much dirt can we manufacture? very little. more than you think. (doorbell) what's that? what's this? swiffer sweeper. i came in under the assumption that it was clean. i've been living in a fool's paradise! ♪ ♪ the beautiful sound of customers making the most of their united flight. power, wi-fi and streaming entertainment. that's... seize the journey friendly. you owned your car for four years. you named it brad. you loved brad. and then you totaled him. you two had been through everything together. two boyfriends. three jobs. you're like "nothing can replace brad!" then liberty mutual calls. and you break into your happy dance. if you sign up for better car replacement, we'll pay for a car that's a model year newer with 15,000 fewer miles than your old one. see car insurance in a whole new light. liberty mutual insurance. life begins w

d.a.'s office absolutely has no trust whatsoever with the police commissioner or its department. >> i willnship. >> i think she's pandering and we need to secure the border. >>> welcome to our viewers here in the u.s. and around the world. you're watching "new day." and we do have breaking news. the co-pilot who crashed germanwings flight into the alps rehearsed his suicide mission earlier in the day. this according to the german tabloid build quoting sources close to the investigation. >> we expect french investigators to release their interim report at any moment on that crash that killed 150 people in march. but we already have some stunning findings from that report. let's get right to cnn senior international correspondent frederik pleitgen live in london with the breaking details whachlt do we know fred? >> reporter: exactly how chris says. this is information we have according to the build newspaper in germany, which we know has had very good leads on this story as the investigation went on in the earlier part right after the crash. and they're now reporting that they've had access

d.a.'s office concluded the shooting was justified " as his partner disagrees calling it an outrage. mr."to get her up like this about a mile much as anything is going cut a good but after trying other advocates will never taste because the other families to go through this no other child has to lose a parent of like that supposed to protect us and the din that failed system failed filed a patrol lawsuit against university police calling on the state department of justice's conduct an independent investigation still had funeral tomorrow for no. 8 teenager killed in his school now another parent as raising concerns over safety after clearing her child was attacked california farmers now agreeing to cut back and during the historic drop. >> catherine: men kidnapped less i found safe this morning like dutch rent-a-car police say been embarked for ransom and has been gone for released hours police track down the car and hay were looking a video shot by a bystander officers approached a suspect sped off and ended up crashing into another car police arrested two people the man was stopped sofa

d.a.'s office says it is waiting for blood test results before filing the charges brian jones was drivinguence and his or bed with this mass and the families the more home they're also agree on a birthday in first communion at the time he is out on bail until he is arraigned. >>mark: a memorial and the city it and shot fired a number of police are sure on answers they try to find out exactly what happened 1:00 yesterday morning official said the victim was in town from vallejo a large group of people memorializing the person who was murdered in sacramento. despite a large crowd of witnesses to that short on a list as good of the government has yet to be released happened to that the warriors are hoping that they can tie the series against the grizzlies there are traveling to games to one this take a look at game 3 it was all members on saturday golden state game for starts and 630 tonight and map this they can do it do not forget you could help the door with your team spirit. >>mark: they're looking for two people would say what the man at gunpoint it was approved friday night at 9:00 or

d.a.'s office absolutely has no trust whatsoever with the police commissioner or its department. >> i can the information that i heard. >> baltimore's come to symbolize a lot of the issues involving police and community mistrust. >>> good morning everyone. welcome to our viewers here in the u.s. and around the world. you're watching "new day." and we do begin with breaking news this morning. a new investigative report is out on the crash of germanwings flight and it contains some bombshell findings. first, the co-pilot who crashed flight 9525 into the french alps rehearsed his suicide mission earlier that same day. >> the report also says that the co-pilot reset the autopilot to just 100 feet five different times on his practice run. that's raising questions. so let's get right to cnn senior international correspondent frederik pleitgen live in london with these details. what do we know fred? >> reporter: well chris, we know that when we speak about rehearsal in all of this that the scenario that he did this in in the outbound flight this is the flight before the doomed flight the situati

d.a.'s office.h more damage than they have good. >> much more on this story as it develops this morning. somewhat quiet night as doug mckelway reporting after the curfew. >> other stories making headlines. we have another fox news alert. there is another royal in the world this morning and this time it's a little princess. kate middleton has given birth to a healthy baby girl less than an hour ago at st. mary's hospital in london. amy kellogg is in the middle of all the action in london. good morning amy. >> actually at this point several hours ago it was a very quick labor for the duchess of cambridge. that's good news. i don't know, the way she is going, we could even possibly hope to see her come out with prince william and the baby later this afternoon. however, we don't know yet. prince william was at her side when she gave birth to a baby girl 8 pounds 3 ounces. of course, a lot of people, anna have been putting bets on what the name will be. most heavily favored at this point is alice followe

d.a. back to the details. i know that your nephew was aggressive and erratic. i know your family told the newspaper they thought he office mushrooms. should that influence, lorien the d.a.'s decision here? >> you know, there -- i'm going to comment briefly on that. i'm going to see that there are procedural courses that every officer, every person in any job is trained when dealing with certain situations. anything that kenney responded to he was already well aware of. and beyond that, i don't have much to say about that. i'm disappointed in the way that we have been treated and the behavior shown toward our family as far as even announcing the 48-hour decision to be on mother's day. it took from my sister the last bit of solace that she may have had before this was announced. they stripped her of her right to be with her children and to love them as a mother on the last day. >> i know there are still so many unanswered questions in this situation for you and your family. what is the one unanswered question about what happened that day inside our home? >> i believe a lot of people would ask why -- >> why what? >> i don't believe that would be my question. why did he shoot

officers yet. >> reporter: he says he welcomes the d.a.'s new panel of judges but hopes they do more than just look at paperwork. he wants to make sure they actually interview his clients. he says a lot of charges have already been dropped. >> to date, we have counted 119 cases that have not been filed by the d.a. or have been dismissed because of the 14 police officers involved in the texting scandal. but this is just the tip of the iceberg. >> reporter: joe vazquez, kpix 5. >>> later this morning the federal department of justice will announce it is opening an investigation into the baltimore police department. it comes in response to a request from the mayor of baltimore. investigators will look for evidence of systemic discrimination or excessive force. attorney general loretta lynch briefed congress yesterday. >> although the city has made significant sides in their reform efforts i have not ruled out the possibility that more may need to be done. >> the results of the investigation could lead to the appointment of a federal monitor. th

officer's account has changed over time. it continues to evolve where he said inconsistent things and we understood the d.a.'s that video shows, it shows a police officer outside the building firing for a seventh time the seventh shot into the building, a bullet that hit tony robinson at a downward trajectory and killed him, and that makes no sense why the police officer would be shooting from outside the building into the building killing an unarmed young man, and the police officer's account, which we heard described today, described as something that bears no relationship to that about an argument and a fight on a stairwell. apparently the police officer suffered some kind of amnesia and didn't remember being outside the building and shooting into the building so those are unanswered questions. we continue to investigate. we've only just now been provided the documentation. we're going to ask that you respect that we're not going to answer questions because we have more questions than you do and we don't have answered, so at this time we're not going to answer questions, but the various members of the fami