garcia zarate.i just want to remind folks because so often it's lost in this case and the publicity around the case the most important fact of the case, the physical evidence in the case. this was a long distance ricochet shot, a single shot that traveled 90 feet from gun fully loaded that was pointing at the ground. the physical evidence indicated that this was a tragic accident. today with merely a hearing on sentencing mr. garcia zarate has already completed the credits, he's actually already spent around 400 days longer than the maximum sentence for the crime which he was convicted, possession of a weapon, and essentially he was convicted for possession of a weapon based on a brief and momentary holding of the gun and throwing it into the water after it accidentally discharged. so he will be released from custody today pending any federal charges that mr. adachi spoke of. mr. garcia zarate also wants to thank the public and we certainly think mr. garcia zarate for his resilience after being fals

a tres anos en prision fue sentenciado hoy jose garcia zarate, que aunque exonerado por la muerte deel hecho...y aunque hoy hubo intentos de la defensa por desafiar tambien esa conviccion no fueron exitosos. george gascon/fiscal de san francisco en este momento el caso ya se acabo, el sospechoso fue sentenciado a 3 anos por la ofensa que fue encontrado culpable, nosotros y yo personalmente apoyo la decision de la corte sin embargo garcia zarate ha estado preso desde julio del 2015 por lo que recibe los creditos por el tiempo servido, y ya puede ser liberado..sin embargo sus problemas no se han acabado pilar nino ahora a pesar de que jose garcia zarate ya cumplio su sentencia, no saldra a la calle libre.. y es que nuevos cargos federales le fueron archivados despues de ser exonerado por la muerte de steinle, entre ellos ser un indocumentado en posesion de un arma....asi que de la custodia en la carcel de san francisco pasara a los marshalls federales francisco ugarte/abogado en la defensa de jose garcia zarate solo quieren hacer dano al senor garcia zarate porque es inmigrante indocum

pero, desde la muerte de stanley, zÁrate fue arrestado ya ha pasado 919 dÍas tras las rejas en esperagos. >> estamos seguro que el gobierno estÁ usando sus poderes sin ningÚn tipo de Ética porque sÓlo quieren hacer daÑo al seÑor garcÍa zÁrate porque es inmigrante indocumentado. no estamos en acuerdo con el veredicto y entonces estÁn tomando cargos federales. reportera: los dos cargos federales son por ser un delincuente en posesiÓn del arma de fuego y ser un inmigrante indocumentado en posesiÓn de un arma de fuego. algo que su abogado considera que es una reacciÓn racista por parte de la administraciÓn de trompo porque zÁrate no fue encontrado culpable por homicidio. da vergüenza que el gobierno federal, la administraciÓn de trump y vergüenza los tÉrminosde hacer un juicio vengativo . zÁrate continuará tras las rejas hasta recibir una sentencia federal y despuÉs de Ésta, su abogado asegurÓ que estarÁ en peligro de una deportaciÓn. segÚn el nuevo abogado de zÁrate, el juicio federal comenzarÁ entre lunes y martes de la prÓxima semana. luz peÑa, noticias univisiÓn 14. ♪ palmira: y llegÓ

we're live at the sentencing of jose ines garcia zarate. good afternoon, i'm michelle griego. >> and i'm kenny choi. kpix 5 reporter anne makovec is live at san francisco superior court with the very latest. anne. >> reporter: yeah. the sentencing was just handed down about 20 minutes ago. three years in state prison for the man who killed kate steinle who fired the gun. he is not going to be in jail here any longer because he already served that time. so he is now going to be handed over to the federal government to face charges. let me take you back. in late november, jose ines garcia zarate found not guilty of murder and manslaughter in the 2015 killing of kate steinle in san francisco's pier 14. but he was convicted of being a felon in possession of a firearm. so that's what the sentencing today was for, the maximum sentence, three years in prison. but he has already served almost three years because he has been jail since he killed kate steinle. so instead of being released, the sheriff's department says he is going to be turned over t

charging garcia zarate with gun possession.cia zarate's new attorney says he plans on filing two motions to get the case dismissed. one for double jeapordy... and the other for vindictive prosecution. <"this came out of the trump administration, you know what trump thinks of us were san francisco, sanctuaries, take away their money they're a bunch of radicals. my god i think one time he said it was an asylum without walls out here in california. the voters disrespected him he has an appetite for vengeance that's why we're here.">(robin) garcia zarate did not enter a plea yesterday. that's expected to happened during his next court appearance on febuary 13th. (robin) a former google employee is filing a lawsuit against google... we'll tell you why ... (robin) and here's a live look outside...at the san mateo bridge. ) (ácommercialá)(áábreakáá) (robin) welcome back. checking in on your morning forecast. rebecca:look for mostly dry conditions today before a storm system brings widespread rainfall and breezy to locally gusty winds

they have no comment on today's court proceedings or on the new charges garcia zarate now faces. their spokesperson says they are retiring from the public eye will not being in attendence as the case goes federal. maureen kelly kron4 news (vicki) the man accused of plotting a christmas day attack at san francisco's pier 39 in the name of isis pleaded not guilty in court today. the f-b-i says 26-year-old everitt jameson told undercover agents he planned to set off explosives then shoot people. the former marine from modesto ... is charged with attempting to aid a terrorist organization. he was arrested three days before christmas. jameson's attorney says that day he was placed on a "51-50" hold for two days.... because authorities believed he could cause harm on himself. <"he was committed to a 51-50 hold as a potential danger to himself or others due to mental health, but was then released because he was not found to be a potential danger to others because of his mental health, and that is why he was in court today.">(vicki) jameson will remain in custody until his next court app

jose garcia zarate is jose garcia zarate is expected to be released from the county jail. he was sentenced to time served on a gun posession charge. but that doesn't mean garcia zarate will be walking the street anytime soon. garcia zarate will face new áfederal charges. ( darya ) police are looking for four people accused of robbery... and of shooting at the men who tried to stop them. this happened around 2:30 sunday morning... at a home on summit drive in fremont. officers say two people inside the home... heard loud noises outside. when they opened the front door... they saw a group being robbed by four people. when the men tried to stop the robbers... one of the thieves shot at them. the thieves then ran off. the two men who were shot at were not seriously hurt. the four suspects are still on the loose. ( darya ) a traffic stop in the east bay ends with police taking loaded guns from teens. here are the guns police in richmond recovered. they include a couple of magazines and two loaded pistols... one of which was reported stolen. police say an officer patrolling the

zarate is not a free man. he faces federal charges for being an illegal alien in possession of a firearm. >> we are going to ascertain whether or not there was collusion between the federal authorities and state authorities and if so, we can bring a motion to dismiss on double jeopardy grounds. >> reporter: famed defense attorney tony serra will represent zarate in the federal case. >> shame on the federal government. shame on the trump administration. shame on them in terms of bringing a retaliatory vindictive prosecution. >> reporter: the defense attorney for the murder trial says when the verdict came in u.s. attorney general jeff sessions and others were already talking about what they were going to do because they didn't agree with the jury. >> they started talking about, well, we'll charge him with illegal re-entry and we'll do this and that. and so that has all the hallmarks of a vindictive prosecution. >> reporter: zarate will be on parole for 48 months. he is currently in san francisco jail but is exp

they have no comment on today's court proceedings or on the new charges garcia zarate now faces. their spokesperson says they are retiring from the public eye will not being in attendence as the case goes federal. maureen kelly kron4 news (pam) in san jose... a judge has handed down the maximum sentence for three former sheriff's deputies ... in the murder of an inmate in the county jail. the trio was convicted last summer ... of second degree murder, in the 2015 beating death of mentally ill inmate michael tyree ... who was found dead in his cell in the main jail. shown here in an earlier court appearence, matthew farris, rafael rodriguez and jereh lubrin each received a sentence of 15 -years to life in prison. the maximum sentence handed down... despite pleas for leniency from the defendants families. (steve) an update to a story we told you about earlier this week... the man in a santa hat... shooting a gun on a tenderloin street in san francisco christmas morning... has been arrested. 27-year-old xavier watson from fairfield is now in police custody and facing felony charges.

garcia zarate not guilty. >> reporter: the defense filed for a retrial. though the people of the state of california pushed back. in a motion submitted this week, prosecutors kentd o contend a momentary possession instruction requires substantial evidence that the defendant did not intend to prevent law enforcement officials from seizing a firearm. zarate by his own admission tossed the weapon into the water. >> clearly he wasn't trying to assist law enforcement in recovering this weapon. >> right. >> the prosecution has a pinpoint here that this should negate any notion of transitory possession. >> what the prosecution has is theory if this trial moves anything it's that both the prosecution and defense had powerful theories. >> nbc legal analyst dean johnson says the judge is likely to keep the weapon possession conviction in place but he says expect the arguments over jury instructions to drag on. >> i think there is a real possibility that there is an instructional error in this case. and based on that, the new trial might be granted, more likely the

garcia zarate is arranged on federal charges. as the legal team dig in for a fight against the feds. >> shame on the federal government. shame on the trump administration. >> before the ink had even dried on his freshly issued sentence, the defense legal team was in full court press mode claiming injustice on federal charges backed by the highest evidence in the land. >> they didn't see the evidence or watch the trial. >> and a vote for guilty in the federal case is a vote for trump. >> i have no doubt that tony wants to politicize this case and there are political mts to this but legally technically paeg this is not vin dikt i have prosecution. >> federal charges of illegal weapon possession could land zarate back in federal prison for ten plus years but that presumes his conviction here isn't yoefrp turned on appeal. >> literally he is holding an object he doesn't know what it is, it fires. and at that moment for a split second it's in his hands before he throws it. >> the defense attorney matt gonzalez says an appeal will be f

they have no comment on today's court proceedings or on the new charges garcia zarate now faces. their spokesperson says they are retiring from the public eye will not being in attendence as the case goes federal. maureen kelly kron4 news (vikki) another big story tonight. the man accused of plotting a christmas day attack at san francisco's pier 39 in the name of isis, pleaded not guilty in court today. the f-b-i says, 26-year-old everitt jameson told undercover agents, he planned to set off explosives then shoot people. the former marine from modesto ... is charged with attempting to aid a terrorist organization. he was arrested three days before christmas. jameson's attorney says, that day he was placed on a "51- 50" hold for two days .... because authorities believed he could cause harm to himself. <"he was committed to a 51-50 hold as a potential danger to himself or others due to mental health, but was then released because he was not found to be a potential danger to others because of his mental health, and that is why he was in court today."> (vikki) jameson will remain i

they have no comment on today's court proceedings or on the new charges garcia zarate now faces. spokesperson says they are retiring from the public eye will not being in attendence as the case goes federal. maureen kelly kron4 news (pam) also today...the man accused of plotting a christmas day attack at san francisco's pier 39 in the name of isis pleaded ánotá guilty. the f-b-i says 26-year-old everitt jameson told undercover agents he planned to set off explosives then shoot people.the former marine from modesto ... is charged with attempting to aid a terrorist organization. he was arrested three days before christmas... he will remain in custody until his next court appearance in april. (pam) a judge has handed down the maximum sentence for three former sheriff's deputies.... in the murder of an inmate in the county jail. matthew farris, rafael rodriguez and jereh lubrin each received a sentence of 15 -years to life in prison. the trio was convicted last summer.... of second degree murder, in the 20-15 beating death of mentally ill inmate michael tyree, who was found dead in h

zarate would have been acquitted. the same legal issues will arrive in the federal court. >> to federal court we go. the district attorney didn't want to difficult into details. >> it's a separate track we're not engaging inlp any conversatn or second guess what the federal government would do. >> but his counterpart on the public defender side had no reservation. >> this case has been a tremendous tragedy. but what has compounded it is the fact that we have a president and attorney general who are really pitting in the face of justice. >> twin charges against zarate, possession of a weapon by a felon and possession by undocumented immigrant come backed by the oval office and will be challenged in federal court. >> and everything that trump had said with regard to this case and generically he said with regard to immigrants. >> reporter: now he says he will file a motion to dismiss next week on the grounds of vin dikt i have prosecution. i will say the state charges don't affect the federal charges except the jurors wi

zarate is not a free man. he faces federal charges for being an illegal alien in possession of a firearm. >> we are going to ascertain whether or not there was collusion between the federal authorities and state authorities and if so, we can bring a motion to dismiss on double jeopardy grounds. >> reporter: famed defense attorney tony serra will represent zarate in the federal case. >> shame on the federal government. shame on the trump administration. shame on them in terms of bringing a retaliatory vindictive prosecution. >> reporter: the defense attorney for the murder trial says when the verdict came in u.s. attorney general jeff sessions and others were already talking about what they were going to do because they didn't agree with the jury. >> they started talking about, well, we'll charge him with illegal re-entry and we'll do this and that. and so that has all the hallmarks of a vindictive prosecution. >> reporter: zarate will be on parole for 48 months. he is currently in san francisco jail but is exp

garcia zarate will face new áfederal charges.(robin) at least on person was injured in a car crash in san ramon. take a look at these pictures courtesy of the san ramon police department. the crash happened yesterday afternoon on alcosta boulevard. police say ... alcosta was shut down between stagecoach road and olympia fields drive for about five hours. the conditions of the person injured are unknown. (robin) the state of california is pulling ads aimed at -discouraging driving high- after critics say it ápromotedá marijuana use. the majority of the ad featured people talking about -why they use marijuana. it closed with them saying -they never drive while high... and "d-u-i doesn't just mean booze." traffic safety officials are concerned with certain elements of the ad. it's set to be replaced with a different one produced last year that warns smoking pot, can result in charges for d-u-i. (robin) a wrong way-driver on interstate-5 was responsible for a crash that killed 6 people ... including a recent high school graduate... a

garcia zarate also faces a similar federal charge.ony serra local attorney will now represent him. garcia zarate is expected to receive time already served then be handed to federal authorities. >>> president trump directed the white house's top lawyer in march to stop attorney general jeff sessions from recusing himself from the russia probe. a person with knowledge of the interaction tells cbs that don ma began carried out those orders just before sessions stepped aside from the ongoing investigation. the "new york times" first broke the story. >>> china is clamping down on trade with north korea under u.n. nuclear sanctions imposing a cap on oil supplies to the north and ban imports of its steel and other goods. the measure is announced today following increased security council penalty imposed following the ballistic missile tests back in late november by north korea. china is the north's main trading partner and energy supplier. >>> local earthquake researchers hope audio from yesterday's moderate temblor will help them learn mor

political analyst michael cardoza says regardless of what the judge decides today, garcia zarate will still face federal charges. >> i think the judge will overrule or deny and send it up on appeal and say take this up on appeal and sent it to the appellate court. i will send him to three years. he turns around and walks out the door. or, theoretically, could walk out the door. but as he takes a step toward the door, the feds will be there. the feds will grab him. >> a well-known defense attorney tony serra will represent garcia zarate on the federal charges. he also represents derrick almena in oakland's ghost ship warehouse fire case. >>> immigration advocates are demanded the release of a 20- year-old uc berkeley student now being held in san diego by the border patrol. last weekend luis angel mora villota was visiting his girlfriend in san diego county, heading home from a party , when his lawyer says they made a wrong turn and ended up at an immigration checkpoint. the lawyer says he was taken into custody for a visa violation and is being held at a private prison. he came to the

garcia zarate is being held in yale, -- jail, and u.s. marshals will likely pick himup next monday or tuesday bringing him back to san francisco court for his arraignment on federal charges. the judge handed today a 3-year sentence to garcia zarate for the felon in possession of a firearm charge. he is basically done, and the defense argued a motion for a new trial, wanting him cleared of the possession conviction, but the judge denied the motion. while the murder case is over, troubles with the federal government are just beginning, with an outstanding warrant for his probation violation for his immigration status, and this time around he's going to be represented by tony sarah. >> as indicated, this is retaliatory, therefore, there is going to be a motion made at the beginning for dismissal under federal and state law. we are going to ascertain if there was collusion between the federal authorities and the state authorities and if so, we can bring a motion to dismiss on double jeopardy grounds. >> reporter: he was found not guilty of ki

garcia zarate was recently indicted by a grand jury for violating state immigration and gun laws for possessing the gun used to shoot steinle. >> this is a vindictive prosecution. >> reporter: his attorneys tried to delay this action and had requested a new trial. >> and essentially he was convicted for potissession of a weapon based on the brief and momentary holding of a gun and throwing it into the water after it accidental discharged. >> reporter: it will now be up to civil rights attorneys to argue that in federal court. >> we can bring a motion to dismiss on double jeopardy grounds. >> reporter: garcia zarate was found not guilty of murdering 32-year-old steinle has she was walking along pier 14 on july 1st, 2015. the jury agreed with the defense which argued that a single shot killed steinle after the bullet ricochetted off the ground, traveling 78 feet before striking her in the back. >> we treated this case as we would have any other similar case. we're comfortable that the system worked the way it was meant to even though we're disappointed with the outcome. >> reporter: in

y hay nuevos detalles sobre el inmigrante indocumentado josÉ inÉs garcÍa zÁrate, quien se presentÓ enepresenta dijo que no solicitÓ. el jefe de la policÍa de san francisco anunciÓ hoy una nueva iniciativa para frenar una epidemia de robo de automÓviles y otro delitos contra la propiedad. el aÑo pasado la ciudad registrÓ 30,000 robos de automÓviles y para hacerle frente a este flagelo estÁn entrenando equipos para monitorear a delincuentes. y el presidente sale a la defensa de su sanidad mental. ademÁs, hablamos con una doctora sobre la estancia de la mamografÍa. ♪ ♪ palmira: el examen de los senos a tiempo podrÍa convertirse en un pase para una vida prolongada, por eso se tiene que tener en cuenta la importancia de hacerse una mamografÍa a tiempo. viviana: esta es una imagen de un seno tomada con rayos x. los mÉdicos usan esta mamografÍa para buscar signos de cÁncer de mama en su etapa inicial. >> si uno lo detecta temprano reduce la causa de muerte. viviana: la edad de la cual uno debe realizarse el examen depende. >> en estados unidos, empezando a los 40 o 45, en otros paÍses empiez

a judge sentenced jose ines garcia zarate to three years in prison for gun possession. zarate was released on credit for time served and immediately after that federal authorities charged zarate with being a convicted felon and an illegal immigrant in possession of a firearm. he was never out of custody. state prosecutors tried to convince the jury he had deliberately fired a gun. that bullet ricocheted and then went 78 feet into the air hitting steinle in san francisco. >> suspects who shot two people in fremont. the people shot were trying to stop a car burglary. >> officers and k- 9 teams searched for four people. detectives believe the two victims were shot after they confronted two men and women who broke into a car. >> shocking because it's a quiet neighborhood. never seen this happen here. really nice, peaceful neighborhood. been living here for a long time. >> both shooting victims are expected to survive. >>> a woman died in a traffic crash. they believe her car collided with a car that was turning just after 6:00 last night. the woman's toyota overturned and s

his arguement, same as the public defender, that garcia zarate didn't hold the gun long enough on thel it possession. but his other strategy will be to bring politics into the courtroom.a vote for guilt would be a vote for trump and everything he stands for. and a vote of not guilty would hurt serve the interest of justice. so we see this case once again as politically motivated and it will be politically defend itno matter what the outcome in that matter....garcia zarate will likely spend another two years in prison. for allegedly violating a condition of his supervised release stemming from his last conviction of illegal entry. maureen kellly kron4 enws (( áá v.o. / steve áá )) in a night of drama and passion the golden globes oprah winfrey makesa big impression, now many wonder if running for president could actually happen (( áá v.o. / pam áá )) a young man well known for the hollywood series '13 reasons why'... isgetting known for a different reason, after a theft in marin county (steve) taking a live look at stormtracker 4 radar as rain hits the bay area... we will have more on

no matter what sentence jose garcia zarate is given today, he will walk out of county custody because of time served. the maximum he could get for this gun conviction is three years. but now he will be handed over to federal custody. that's because a federal grand jury charged him for being a felon in possession of a firearm. this came after he was acquitted of killing kate steinle. that killing happened in 2015. that's a verdict that president trump tweeted and called disgraceful. defense attorneys call these federal charges vindictive and a direct result of the verdict. >> it's rarely done. i mean, for the federal government to come back two years later and say, oh, you know, by the way, we're going to charge you with federal gun possession because a jury acquitted you, because the president was upset with the verdict, yeah, it's unprecedented. >> reporter: tony sara has volunteered to represent zarate pro bono in the federal case. he could go to prison for ten years if convicted in federal court before then facing deportation to mexico. the sentencing hearing is going on right now.

garcia zarate was recently indicted by a federal grand jury for violating state immigration and gun lawssing the gun used to shoot steinle. >> this is a vindictive prosecution. >> reporter: his attorneys tried to delay this action and had requested a new trial. >> and essentially he was convicted for possession of a weapon based on the brief and momentary holding of a gun and throwing it into the water after it accidentally discharged. >> reporter: it will now be up to civil rights attorney tony sera to argue that in federal court. >> we can bring a motion to dismiss on double jeopardy grounds. >> reporter: garcia zarate was found not guilty of murdering 32-year-old steinle has she was walking along pier 14 on july 1st, 2015. the jury agreed with the defense which argued that a single shot killed steinle after the bullet ricochetted off the ground, traveling 78 feet before striking her in the back. >> we treated this case as we would have any other similar case. we're comfortable that the system worked the way it was meant to even though we're disappointed with the outcome. >> reporter:

garcia zarate was recently indicted by a federal grand jury for violating state immigration and gun lawsssing the gun used to shoot steinle. >> this is a vindictive prosecution. >> reporter: his attorneys tried to delay this action and had requested a new trial. >> and essentially he was convicted for possession of a weapon based on the brief and momentary holding of a gun and throwing it into the water after it accidentally discharged. >> reporter: it will now be up to civil rights attorney tony sera to argue that in federal court. >> we can bring a motion to dismiss on double jeopardy grounds. >> reporter: garcia zarate was found not guilty of murdering 32-year-old steinle has she was walking along pier 14 on july 1st, 2015. the jury agreed with the defense which argued that a single shot killed steinle after the bullet ricochetted off the ground, traveling 78 feet before striking her in the back. >> we treated this case as we would have any other similar case. we're comfortable that the system worked the way it was meant to even though we're disappointed with the outcome. >> reporter:

zarate was released for credit on time served. federal authorities charged him with being a convicted felon and an illegal immigrant in an illegal immigrant in possession of a firearm. >>> developing news, a search continues for the suspects who shot two people in fremont. the people shot were trying to stop a car burglary. >> officers and k- teams searched for four people early yesterday morning. detectives believe the two victims were shot after they confronted two men and women who had broken into a car. >> shocking because it's a quiet neighborhood. we've never seen this happen here. it's a nice, peaceful neighborhood. we've been living here for a long time. >> both shooting victims are expected to survive. >> abc 7 news informs san jose after a woman died in this traffic crash. investigators believe her car collided with a car that was turning at silver creek valley road just after 6:00 last night. the woman's toyota overturned. she was ejected from her suv. police tell us the other driver is cooperating with drivers and they

jose garcia zarate will be sentenced for illegal gun possession. the conviction carries a maximum sentence of three years in prison. but he might not serve that much time. garcia zarate has been in jail since the day of the shooting. ( james ) police are looking for the thieves who made off with an a-t-m... during a smash and grab burglary in mountain view. they say the thieves used a stolen truck to smash through the front door of a restaurant... to get to the a- t-m. the truck was found abandoned about a block away. the burned a-t-m was found broken apart and empty in a google parking lot a few miles away. ( will ) in the east bay... a package thief is caught on video stealing from a home in oakland. the victims say two packages were taken. one box contained cookies from grandma. when the thief realized what was inside... he threw the cookies on the ground. the other package is still missing. the victims have nicknamed the thief the "cookie monster"... and they're hoping he'll be caught soon. ( will ) happening now... a warning about car break-in

. -- este viernes regresar a corte "jose ines garcia zarate", para escuchar la sentencia del cargo de --- el pasado mes de noviembre un jurado encontr no culpable a zarate de otros cargos incluyendo homicidio en primer grado. -- de ser encontrado culpable podria enfrentar de seis meses hasta tres aÑos de carcel .....segun su abogado ya cumpli este tiempo en la carcel del condado. -- "derick almena" y "max harris", acusados en el caso del incendio mortal en la bodega conocida como barco fantasma, se presentaron hoy en corte para ser acusados formalmente de 36 cargos de homicidio involuntario por el incendio en diciembre de 2016, en oakland. --segun tony serra abogado defensor de almena, su cliente no es un administrador negligente sino una victima ms del siniestro. --- se indic que ambos acusados se van a declarar "no culpables" este 20 de febrero .. --la polica de santa rosa investiga un caso de ira al volante que termin en tiroteo anoche. --las autoridades indicaron que la victma conduca en el area de calistoga drive cuando otro vehculo empez a segurla., al tratar de dar la vuelta, e

jose garcia zarate will be sentenced for illegal gun possession.ion carries a maximum sentence of three years in prison. but he might not serve that much time. garcia zarate has been in jail since the day shooting. ( james ) police are looking for the thieves who made off with an a-t-m... during a smash and grab burglary in mountain view. they say the thieves used a stolen truck to smash through the front door of a restaurant... to get to the a- t-m. the truck was found abandoned about a block away. the burned a-t-m was found broken apart and empty in a google parking lot a few miles away. ( james ) a package thief is caught on video stealing from a home in oakland. the victims say two packages were taken. one box contained cookies from grandma. when the thief realized what was inside... he threw the cookies on the ground. the other package is still missing. the victims have nicknamed the thief the "cookie monster"... and they're hoping he'll be caught soon. ( will ) happening now... a warning about car break-ins in san jose. and some of the thieve

charging garcia zarate with gun possession.arcia zarate's new attorney says he plans on asking a judge to get the case dismissed for double jeapordy and vindictive prosecution. <"this came out of the trump administration, you know what trump thinks of us were san francisco, sanctuaries, take away their money they're a bunch of radicals. my god i think one time he said it was an asylum without walls out here in california. the voters disrespected him he has an appetite for vengeance that's why we're here.">( james ) garcia zarate did not enter a plea in yesterday's hearing. ( darya ) happening now. a man is recovering from life-threatening injuries...after being attacked in san francisco's nob hill neighborhood. police say the 37-year-old man was walking to his apartment on sutter street... when he was attacked by three people. the victim was taken to the hospital. we don't know why the man was attacked... police say nothing was taken from the victim. so far... no arrests have ( darya ) san francisco police are also looking for

sot sra track john eddy sarmiento telemundo tampa esta semana jos ins garca zarate regresa a la cortes nuestro helicóptero ha seguido esa van por 11 millas. juan, no sé adónde va, pero definitivamente va con prisa. yo tuve prisa esta mañana. ni comí. jack va en su crave van! ¿qué onda? prueben mi country scrambler plate, con salchicha jimmy dean, papas caseras y huevos revueltos mezclados con tocino, jamón y queso. oye, jack, ten cuidado que anda un tipo manejando como loco allá afuera. (riendo) prueben mi brunchfast country scrambler plate con salchicha jimmy dean. crave van! ---si usted todava no ha probado su suerte sepa que el jackpot para el sorteo de mega millions de esta noche est en 350 millones de dlares. ---mientras que el premio gordo para el powerball que se sortea maÑana est en cerca de 440 millones de dolares... si usted logra ganar los 2 combinados le dar cerca de 800 millones de dlares. ---sin embargo, las probabilidades de ganar ambos premios es de una en 88 cuatrillones... asi que si ya jug mucha suerte... ---ahora pasemos con lorena dominguez para un adelanto de nue

serra is expected to be at zarate's sentencing today. he is expected to be sentence to time served and then handed over to the feds. serra's other high-profile client right now is ghost ship leader derick almena. >>> earthquake researchers are getting a closer look or listen to the tremor that shook much of the bay area yesterday morning. the 4.4 quake struck at 2:39 a.m. and was centered near berkeley on the hayward fault. kpix 5's andria borba reports. >> reporter: that's what it sounded like eight miles down in the hayward fault. >> you could see it coming. you can see there's some wiggles here still going on, and we can hear a little bit of that. >> reporter: the doctor is part of a team of geophysicist at the berkeley seismological lab. with cal directly on top of the hayward fault, their lab is directly below them underground and everyone is listening closely. in 2014, i took you inside an old mine shaft that runs into the hayward fault where scientists have planted some seismometers and microphones. it cuts 200 feet into the side

jose ines garcia zarate was found guilty of being a felon in possession of a firearm.>>> number five, the bombshell book exposing salacious new details about the trump administration is on sale this morning four days earlier than expected. people in washington, d.c., lined up overnight to get their cpy. >>> number six, just coming in, an accident northbound 880 in hayward. several vehicles involved over several lanes. traffic is getting by. we'll check back in about a half hour. >>> justin timberlake is back and so is the dancing robot. the pop singer dropped his new single last night called "filthy." the full album comes out february 2nd. a super bowl performance. reggie tweeted out his review of it. >>> it's not "can't fight the feeling." it's not that. >>> good morning, america. digging out from the deadly storm. more than a foot of snow slamming the east coast. ferocious waves flooding cities trapping drivers. entire streets of cars stuck in freezing water. a family scooped from the roof of their home. now a dangerous arctic blast moving in. windchills plunging to

zarate was released on credit for time served. convicted zara it, e with being a convicted felon and undocumented immigrant in possession of a firearm. >>> san fracisco police have a new plan to prevent car break-ins. according to the "chronicle" the department will begin assigning officers to stations around the city who will focus exclusively on property crimes. this is the latest in a series of efforts to stop the explosion of auto burglaries. new program will be tested at the department's mission stations. there are more than 30,000 car break-ins in san francisco last year, alone. >>> new at 11:00, democratic donor and billionaire san franciscan tom styer announced he'll sink $30 million into helping democrats win back the house during the midterm elections. >> something where the american people have to be involved and informed and demand it. this is an important thing, and that's what our strategy is to engage, involve, inform, and empower the voice of the american people. >> steyer's move today removed some of the speculati

. >>> jose inez garcia zarate may be turned over to federal officials today.n friday garcia zarate who was acquitted of murder in the shooting death of kathryn steinle in 2015 was sentenced to three years in jail for a gun charge linked to the death but with credit for time served he will not serve any more jail time on that charge. zarate now faces federal charges for being an undocumented immigrant in possession of a firearm. his lawyers will fight the charge. >>> in fremont two men are recovering after being shot yesterday morning while confronting four car burglars. kevin sykes says he and his roommate found four people breaking into his truck and that is when he tried to physically stop the thieves. that is when they were shot. sykes is out of the hospital and his roommate is being treated but is expected to recover. >> it all just happened so fast. you know, looking back on it, i probably would have handled it differently, but i just wanted to get those people. >> the thieves were to men and two women in their 20s. >>> what started as a traffic stop in r

de hoy. -- tras su absolucion en el caso por la muerte de kate steinle, garcia zarate debe enfrentarde un exconvicto en posesion de un arma de fuego. -- la proxima audiencia ser el 13 de febrero, mientras tanto, el inmigrante mexicano permanecer preso sin derecho a libertad bajo fianza. --- un auto termin envuelto en llamas en el puente de san mateo tras un aparatoso accidente --- --- el incidente ocasion cerca de seis millas de trfico tras el cierre de dos carriles mientras lograban extinguir las llamas --- --- no se reportaron heridos tras este accidente--- --un comite especial present hoy sus recomendaciones al distrito escolar de ''oak grove'' en san jos.. sobre el futuro de varias escuelas, debido a la disminucion del numero de estudiantes en ese distrito..y un deficit presupuestario de mas de 50 millones de dolares.. --el comite recomend cerrar tres o cuatro planteles al comienzo del ciclo escolar 2018--2019 y crear nuevos limites que permitan enviar a los alumnos via autobus a otras escuelas cercanas.. --no se ha dado a concoer cuales son los planteles afectados.. ----expertos

. -- este viernes regresar a corte "jose ines garcia zarate", para escuchar la sentencia del cargo de homicidio en primer grado. -- la sentencia podria ser de seis meses hasta tres aÑos de carcel .....segun su abogado ya cumpli este tiempo en la carcel del condado. -- al regresar de la pausa le diremos si el sueÑo de convertirse en millonario continua vivo para las personas que compraron el mega millions... con lucrecia borchardt para los detalles... los san francisco 49ers dicen que es una prioridad la contratacion de jimmy garoppolo ademas en la nba isaiah thomas finalmente pudo debutar con los clevalnd cavaliers... los detalles al regresar en deportes. ♪ ♪ ♪ ♪ ♪ ♪ lujo aisaiha thomas debutar despues de recuperarse de su lesion. los aficionados en el "quickin loans arena" le dieron un gran recibimiento cuando entro de cambio en el primer cuarto y no decepciono con su aportacion en el juego de esta noche ante lo trailblazzers anotando 17 puntos en 19 minutos de juego. al final del juego los cavs lograron derrotar a portland por pizarra final de 127 a 110 y mejorar su registro a 25 vi

political analyst michael cardoza said regardless of what the judge decides today, garcia zarate will still face federal charges. >> i think the judge will overrule or deny and sent it up on appeal and say take this up on appeal. said that the appellate court. i will sentence him to the three years. he turns around and walks out the door or, theoretically, could walk out the door. as he takes a step toward the door, the feds will be there. the feds will grab him. >> while no defense attorney tony serra will represent garcia zarate on the federal charges. serra also represents derrick almena in oakland's ghost ship warehouse fire case. >>> a huge winter storm blasting the east coast and is bringing lots of snow with hurricane force wind and coastal flooding. blizzard warnings are in effect from north carolina to maine. more than 18 inches of snow has fallen in some areas. parts of the northeast will have temperatures today in the single digits. thousands of flights have been canceled, stranding many travelers. >> it is frustrating but it is what it is. we don't control mother nature. y

undocumented immigrant jose garcia zarate appeared on federal charges related to her death.as kron4'sreen kelly reports.... in addition to being in a new courtroom... with a new lawyer by his side...the defendant also gave a new name. he was called juan lopez sanchez after he was arrested for the murder of kate steinle back in 2015.at the start of the trial we were told he was really 45 year old jose garcia zarate.now today he gave the name juan jose dominguez-de la parra and said he's 54 year old.his new attorney tony serra says that was the name he was using when he was convicted for illegal entry in texas. .but serra will continue to refer to his client as garcia zarate. the five time deportee was wearing the red uniform from alameda county jail,, where he'll be held without bail since he's now also wanted for allegedly violating the conditions of his supervised release from that texas charge. the asst us attorney says he didn't check in with authorities within 72 hours of being let go by the san francisco sherrif department a new months before steinle's killing. after court serra

a judge sentenced jose ines garcia zarate to three years in prison for gun possession.ased on credit for time served and immediately taken back into custody by federal authorities who charged him with being a convicted felon in possession of a firearm. they tried to convince a jury zarate fired a gun. >>> developing news now the search continues for suspects who shot two people in fremont. the people shot were trying to stop a car burglary. >> officers and k-9 teams searched the neighborhood for four people early yesterday morning. detectives believe the two victims were shot after they confronted two men and two women who had broken into a car. >> shocking because it's a quiet neighborhood. never seen this happen here. it's a really nice, peaceful neighborhood. i've been living here for a long time. >> both shooting victims are expected to survive. >> abc 7 news informs san jose after a woman died in a traffic accident. they believe her car collided with a car that was turning just after 6:00 last night. the woman's toyota overturned. she got ejected from her suv. poli

jose ines garcia zarate shot and killed kate steinle on pier 14 in july 2015. he was convicted on charges of being a felon in possession of a firearm. zarate phase an identical federal charge -- now faces an identical federal charge. tony serra represents him. he will be at the sentencing today. zarate will probably get time served and then be given to the feds. >>> time now 5:08. a stretch of highway is open after nearly a year. but drivers will still encounter some obstacles along the way. >> and bitter cold and snow still causing all kinds of problems across the country including thousands of flight cancellations. ♪[ music ] >> no cold or snow here, but what we do have is rain. i'll be tracking the rain this morning on our hi-def doppler and let you know which neighborhoods are next in line. >> and it's getting a little busy over at the bay bridge toll plaza. you may see slowdowns also along highway 24. i'll track a new hot spot coming up. but it will be a while before some people in massachusetts can get >>> the east coast is gigging out from this week's sn

last month jurors found jose ines garcia zarate guilty of being a felon in possession of a firearm. he was found not guilty on murder and manslaughter charges. if the judge upholds the gun conviction today jose zarate will be sentenced. >>> this morning we are tracking that massive winter storm on the east coast here from our live desk. as if the heavy snow and the hurricane force winds were not bad enough, unfortunately, those folks now dealing with record flooding this morning. in fact, floodwaters froze once hitting the street. a lot of parked cars there on the side of the streets looked more like possible sick ls. and rescuers in boston, massachusetts, pulled more than a dozen people to safety as water surrounded their homes. >> i am fine. the house completely flooded out. propane tank flipped over. there was a small fire inside the house. >> just shocked at how quickly the water rose. >> the worst of the storm is over. in fact, that storm is now moving into southern canada but there are still freezing cold temperatures and there are a lot of flight delays and cancellation this

the judge could grant a new trial for the one count that jose e necessary garcia zarate was convicted of. >> and we go to the courthouse to see what to expect this morning. keith? >> yes, good morning to you. in a few hours the sentencing hearing here at the hall of justice and the big question is what you mentioned will the judge grant a new trial when it co comes to the weapons possession for jose ines garcia zarate who was acquitted in the shooting of kate steinle in pier 39 shooting. the judge decided he was not guilty of murder or manslaughter charges, and they dispute that he has possession of the firearm, and the jury was not informed of the transitory possession. that he held it briefly, but not enough to hold it possession. the retrial would be bogus says the judge. but the weapons con vviction gog to be staying unchanged, but he expects the arguments over jury instructions to continue. >> i believe there is a real possibility that there is an instructional error in the case, and based on that the new trial might be granted, and more likely the new trial would be denied, but

zarate could be arraigned in federal court as early as next week.onvicted he could face up to 10 more years in federal prison and as for kate steinle's family they've kept a low profile since the verdict and aren't expected at court today. >> bill: we'll follow it. >> sandra: a fierce winter storm smacks the east coast. thousands of flights canceled, passengers stranded, 18 inches of snow, an arctic blast crippling the east coast. a day after the bomb cyclone. >> bill: new key witnesses set before the house justice committee as there is a new investigation into the clinton foundation. >> hillary had the server set up where there was all kinds of classified information transferring on that all the time. i think americans look at that and say should we have equal application of the law or should some people get the easy way and others really get the screws to them? ( ♪ ) only tena intimates has pro-skin technology designed to quickly wick away moisture to help maintain your skin's natural balance. for a free sample call 1-877-get-tena. >> bill: 10:32.

vilma: el legislador recrea en su comercial el caso de este inmigrante indocumentado, josÉ garcÍa zÁraten de asesinato de la estadounidense kate en san francisco y quien habrÍa sido deportado varias veces. >> [hablar en inglÉs] vilma: la senadora demÓcrata estatal de florida criticÓ duramente el comercial. >> es una reacciÓn de horror cuando vi este comercial. es un comercial racista, doloroso para la comunidad hispana. vilma: melissa taveras de una organizaciÓn pro inmigrante dice que el video es indignante. >> claramente es un video racista. es un vÍdeo que estÁn utilizando para crear confusiÓn entre nuestras comunidades. vilma: el comercial sale justo conoce estÁ debatiendo en el congreso estatal el proyecto de ley que busca prohibir que la florida se convierta en santuario. >> realmente es muy triste. todos estamos viendo esta propaganda racista como algo donde Él ha decidido que para coger los votos de los extremistas, del partido republicano, va a llegar a ese nivel tan bajo. >> os otros somos un estado de inmigrantes. somos un estado de minorÍas, somos un estado de gente honesta q

garcia zarate has been in jail since the day of the shooting. (grant) thursday morning's 4.4 magnitude earthquake on the hayward fault sent small items flying off the shelves. you can see items on the floor of this safeway store in san leandro....even a ceiling panel fell. and while damage was minimal...a chart from the u.s. geological survey shows it was felt by thousands from santa rosa to santa cruz. the quake was centered in berkeley...about a mile west of the claremont hotel. but seismologist says damage was limited because of how deep it was and the way it ruptured. jack boatwright/usgs seismologist says "most earthquakes this size rupture up towards the surface and somewhat along the fault. this one ruptured down and to the south east on the fault." (grant)fault."(grant) since the initial 4.4 quake, there has only been one small aftershock. and if that holds it could mean this is not a foreshock, for that big bay area quake that's supposed to happen within the next 30 years. (grant)(2shot) yesterday's earthquake was a relatively small one

jose garcia zarate will be sentenced in his conviction for illegal gun possession. the conviction carries a maximum sentence of three years in prison. he might not end up serving that much time - since zarate has been in jail since the day of the shooting (steve) turning now to our four zone forecast... some changes are on the horizon... a storm is heading our way. bringing us much -needed rain after a dry month in december.(catherine) meteorologist lawrence karnow joins us now ...lawrence is timing out when the rain will get here. lawrence karnow: it was a gray day with mostly cloudy skies across the bay area.temperatu res remained mild with dry weather continuing. a major change in the weather pattern is underway and it looks like rain could return as early as tomorrow. you some moistlure on the doppler radar but we're not getting any reports of anything hitting the ground. still it looks the atmosphere is getting ready to become wet again. on the satellite image you can see the storm spinning off of the coast.high pressure will slowly give way to this storm and t