these are photos of reuben garcia. after jail guards beat him and broke his jaw and after a fight he had with an inmate a day later. he didn't report the beating of the guards at the time, but he wishes he had. >> feel guilty because if would have reported what happened to me at the time, maybe michael would still be alive right now. >> garcia was in the cell next to this man, michael tyree. he heard the beating that killed him in august. his account is part of the case against the three deputies now charged with tyree's murder. by the way, these are not the same guards that are named in garcia's suit, which his attorney plans to file today. laura and sam. >> thank you very much. >>> 6:right now. now an update on the story we first brought you yesterday morning. investigators there may be a link between two drive-by shootings on interstate 80. the latest one happened tuesday night. the chp says the gunman oep oened fire on a car killing the male driver and injuring his female passenger. authorities say the shooter and

today an attorney for reuben garcia is expected to file a suit against santa clara county. in if, he claims that guards beat him on july 2nd and broke his jaw. his lawyer says these are pictures of garcia more than a month later and he admits after a fight with another inmate. he did not report his own beating because he didn't want more of the same, but now feels like if he had come forward, thick things might have ended differently for this man michael tyree who in august was screaming for his life. >> if i reported what would happen to me. maybe mike would still be alive right now. >> now garcia did tell investigators what he heard on the night that michael tyree was beaten to death in his cell. three correctional deputies are standing trial for his death. they are matthew farri and rafael rodriguez. also a 25-member blue ribbon commission is investigating tyree's death at the jail. he was interviewed the night that tyree was beaten in his cell. now, garcia, by the way, that suit that is expected to be filed today names two different correctional deputies. sam and laura.

is showing us injuries he claims he suffered as the hands of correctional deputies. 50-year-old reuben garciais complaint he says two deputies severely beat him last july. garcia says he suffered permanent nerve damage to the right side of his face. he was being held for a misdemeanor drug offense and he complained about having to wait hours to be processed. garcia says it was the death of fellow inmate michael tyree in august that convinced him to come forward. >> i could hear the blows. i could hear michael screaming please, stop hurting me. please, stop it. please, stop hurting me. , please. >> he waited to file the lawsuit because he feared retaliation. three deputies are facing murder charges for the death of tyree the guards aren't the same ones garcia says beat him. >>> the man accused of killing a popular ice cream vendor is expected to be charged today. jovan lopez was arrested tuesday and is being held at santa rita jail. he shot and killed a 45-year- old on october 3rd in a neighborhood in east oakland. so far, there's no word on a possible motive. >>> time is now 6:38, the faa is

showing us the injuries he says he suffered at the hands of correctional deputies. 50-year-old reuben garciais now suing the county. in his complaint he says two deputies severely beat him last july. garcia says he suffered permanent nerve damage to the right side of his face. he was being held for a misdemeanor drug offense and complained about having to wait hours to be processed. garcia says it was the death of fellow inmate michael tyree in august that convinced him to come forward. >> i could hear the blows. i could hear michael screaming, please stop hurting me. please, stop hit. please stop hurting me, please. >> he waited to file the lawsuit because he feared retaliation. three deputies face murder charges for his death. the guards are not the same ones that garcia says beat him. >>> time is 5:37 the man accused of killing a popular ice cream vendor in oakland is expected to be formerly charged today. 23-year-old jovan lopez was arrested tuesday and is being held at santa rita jail. lopez shot and killed 45-year- old jazvir sing on october 3rd in a neighborhood near 94th avenue and p