jim capoot. problems with the jury could force a judge to declare a mistrial. kris sanchez joins us now. a mistrial means a whole new jury and the penalty phase would start over. >> reporter: the judge may have to scrap the whole trial, conviction included if he cannot convince two jurors to put their lives on hold just a little bit longer. the family of vallejo police officer jim capoot has been waiting for closure ever since the officer was shot while chasing ago suspect through backyards in vallejo, that was bery four years ago. henry smith was convicted and now faces life in prison without parole or the death penalty. but today a judge may have to declare a miss trial if he cannot find a way to get those two jurors to see the process through. the jury was on this case for the month long trial, the penalty phase expected to take maybe as long as that, but important as that jury duty is, one juror reminded a journal of a move out of state planned for next week, another told the judge of a planned trip out of town. now, order thaerl that would heap bringing in

nearly four years ago, officer jim capoot was shot while chasing a suspect. now there's been a shake-up with the jury in this case. jodi, some unusual circumstances in this trial. >> reporter: this case has hit a lot of bumps. i'm told so far three jurors have had to be excused. one of them suffered a heart attack last week. and tonight another member of the jury is being accused of being biased against police and voicing he will not convict the suspect no matter what. >> reporter: friends and family of officer jim capoot are leaning on each other for support as the trial of the man accused of shooting and killing him takes an unusual turn. >> i want them to have justice. and with justice they should have the right person. you shouldn't just want anybody. >> reporter: suspect henry smith's family insists the court is trying the wrong guy. prosecutors claim smith shot and chased capoot. but after hearing the evidence the jury has been deliberating all week and four jurors have come forward claiming the juror's only african-american male juror is biased against

jim capoot was killed in the line of duty in 2011.chasing suspected bank robber henry albert smith in north vallejo. that is when smith shot capoot three times. >>> northern california firefighters finally gaining ground on the "wragg fire" burning near lake berryessa. it hasn't grown since yesterday. that's the good news. 6900-acre fire is now 20% contained. one lane of highway 128 has been reopened for traffic. >>> and we are getting a startling new look tonight at the state of our local reservoirs. california department of water resources just flew over a few and posted the video to youtube. kpix 5's chief meteorologist paul deanno is at the lafayette reservoir with the grim reality. paul. >> reporter: yeah. you hear the numbers all the time. we put the stats up. 80%, 60%, 40%. it really doesn't hit home until you physically see what these reservoirs look like buts the images are start -- because the images are startling how little water there is. let's take a tour. these are all three of our biggest northern california reservoirs.

. --- esto ocurre das despues que un jurado declarara culpable al sospechoso por la muerte de ''jim capootrados recordaron al juez que tenan que salir de la ciudad... --- la fase penal del juicio a ''henry smith'' ha empezado y el jurado decidir si recibe la pena de muerte o no... ---el problema es que la corte ha asignado a todos sus jurados suplentes y si el magistrado declara un juicio nulo, un nuevo jurado tendra que empezar de nuevo el proceso... juanfra ---el departamento de policia de san jos busca contratar ms agentes que patrullen las calles despus de un fin de semana lleno de violencia. lorena ---adems de un mes que deja cifras nada alentadoras y que preocupan a la comunidad. take katherine ---caterine orozco nos acompaÑa en el estudio con los detalles, buenos dias. live bug katherine ---recordemos que la ciudad de san jos solia estar entre las ---recordemos que la ciudad de san jos solia estar entre las diez ms seguras del pais... pero el panorama ha cambiado drsticamente en los ltimos aÑos, y el departamento de polica busca mejorar la situacin... place holder take vo ---los dos

the family of the vallejo police officer, jim capoot has been waiting for closure ever since the officerwas so the while chasing ago suspect through backyards in vallejo following a bank robbery four years ago, but the family of the now convicted killer, henry smith, have always maintained that the wrong man went to trial. the judge has to declare a mistrial today or convince two jurors to continue to put their the trial itself lasted about a month. the penalty phase was expected to take several weeks with more weeks of preparation. but one juror reminded the judge of a move out of state planned for next week. another told the judge of a planned vacation. ordinarily that would mean bringing in an alternate juror who sat through the trial, but there are no alternates left. last week one juror was displaced for alleged bias against police, the week before that another juror was dismissed because of a health emergency. earlier in the trial a juror was excused over misinformation. so again, there are no other alternates to call. so what happens if there is a mistrial? the judge can seat an e

he is the man convicted of killing vallejo police officer jim capoot back in 2011. the trial to determine whether smith should receive the death penalty was supposed to begin this week but one of the jurors is moving out of state. the judge has set a new penalty phase date for august 31. and a new jury will be selected. >>> the nfl has upheld tom brady's four-game suspension. the league rejected the quarterback's appeal today. the nfl says that brady, who grew up in san mateo, not only used footballs that he knew were deflated; he destroyed a cell phone that could have contained evidence. brady's lawyer called it a sham. >>> forget waiting in line. if you want to know when your favorite businesses are the busiest, pretty soon you can just google it. >> plus, runners rejoice tonight apple's plan to update its earbuds. [ yelling ] >> you shouldn't even be on the bus! ! >> harsh words from a muni bus driver to a woman in a >>> a disabled muni rider is demanding justice for the treatment she says she received from a bus driver who didn't want to let her on the bus. as k

jim capoot was killed in 2011 chasing suspected bank robber henry smith in north vallejo. smith bailed from his car and capoot ran after him and smith opened fire shooting the officer three times. smith was found guilty of first- degree murder. he is being held in solano county jail. >>> developing news, northern california firefighters are battling two major brush fires right now. the "wragg fire" is burning for a third day in napa and yolo counties. the kyburz fire started yesterday in the el dorado national forest. crews are finally getting a handle on the "wragg fire" burning on the southeast side of lake berm. firefighters have kept the flames at 6900 acres on the southeast side of lake berryessa. that fire is now 20% contained, no growth since yesterday. 1500 people are fighting the flames and highway 128 reopened allowing some evacuees to return home. da lin is live with why they were forced to shut down the highway again just two hours later. da. >> reporter: that's right. the fire is now burning in remote areas away from the homes. that's the good news. so firefig

. >>> just days after a jury convicted a fairfield man of murdering vallejo police officer jim capoot in 2011 the same jury is supposed to decide whether the death penalty should be handed down on smith jr. this morning, two jurors reminded the judge they're planning to go out of town. one of the jurors is moving out of state later this week. and the court has already seated all the alternates in this case. the judge says he will decide tomorrow whether to let the penalty phase proceed or if he'll declare a mistrial. >>> it's a slow road to recovery. we have an update now on several survivors of last month's balcony collapse in berkeley. four of the seven survivors of the collapse have now been moved to a special unit at the santa clara valley medical center. they're working with doctors and specialists at the brain injury and spinal cord center. in a statement released today, the survivors' families praised the staff and they say the children's victories are tiny, including sitting up and breathing on their own. we quote from the release. we obviously share everyone's wish for speedy

last week smith was convicted of shooting officer jim capoot in 2011.oday that jury was supposed to begin deciding if he should be sentenced to death. but two jurors told the judge they have to leave town. there are no alternate jurors remaining after a series of issues forced several dismissals earlier in this case of those alternate jurors. so a mistrial means a new jury will have to be selected possibly delaying the decision of sentencing for months. >>> an update now for people on the peninsula who had an e-coli scare with their tap water. preliminary tests show a negative presence of e. coli. sunday residents were notified about possible contamination. even though these newest tests are good news one fire hydrant did show the presence of e co lie. cal water is advising people in the area to continue boiling water or using bottled water. roughly 800 homes and businesses in los altos are affected. >> south del monte, north del monte not affected. important. >>> up next an emotional visit. a 12-year-old girl meets the woman who saved her life. k this

henry smith junior was convicted of murder friday in the case of vallejo police officer jim capoot. a jury is moving out of state on thursday. the judge declared a mistrial today. a new jury will sit in for the penalty phase august 31st. >>> a public viewing will be held for fallen hayward police officer sargent scott lunger. on thursday, a police motorcade will escort his casket and a memorial service will be held at 10:00, thursday morning. >>> friends and family are mourning the loss of a popular south bay hockey player. chris kyle was shot and killed saturday night and there seem to be very few clues in this case. chris nguyen is live at the police department. chris, you heard from his friends and mother today? >> reporter: his mom was in disbelief. the shooting happened in front of the family home. this tragedy left many people stunned, wondering why this young man was shot. they call themselves a family on, and off the ice. >> chris was everyone's brother. we host a brother. >> reporter: these hockey players remember their teammate. >> i am just going to miss just the energy h

. --- esto ocurre das despues que un jurado declarara culpable al sospechoso por la muerte de ''jim capootdos de los jurados recordaron al juez que tenan que salir de la ciudad... --- la fase penal del juicio a ''henry smith'' ha empezado y el jurado decidir si recibe la pena la pena de muerte o no... ---el problema es que la corte ha asignado a todos sus jurados suplentes si el magistrado declara un juicio nulo un nuevo jurado tendra que empezar de nuevo el proceso... juanfra ---la ciudad de san jos estuvo, durante aÑos consecutivos, entre las diez ms seguras de estados unidos... lorena ---sin embargo, el panorama ha cambiado drsticamente en los ltimos aÑos y ahora el departamento de polica busca mejorar la situacin... take katherine ---caterine orozco nos acompaÑa en el estudio con los detalles. katherine ---ahora buscan contratar ms agentes de policia que patrullen las calles despus de un fin de semana lleno de violencia y un mes que deja cifras nada alentadoras. take vo ---los dos homicidios que se registraron este fin de semana, adems de otros cuatro tiroteos y el arresto de un hombre

henry smith junior was convicted of murder friday in the case of vallejo police officer jim capoot. a jury is moving out of state on thursday. the judge declared a mistrial today. a new jury will sit in for the penalty phase august 31st. >>> a public viewing will be held for fallen hayward police officer sargent scott lunger. on thursday, a police motorcade will escort his casket and a memorial service will be held at 10:00, thursday morning. >>> friends and family are mourning the loss of a popular south bay hockey player. chris kyle was shot and killed saturday night and there seem to be very few clues in this case. chris nguyen is live at the police department. chris, you heard from his friends and mother today? >> reporter: his mom was in disbelief. the shooting happened in front of the family home. this tragedy left many people stunned, wondering why this young man was shot. they call themselves a family on, and off the ice. >> chris was everyone's brother. we host a brother. >> reporter: these hockey players remember their teammate. >> i am just going to miss just the energy h

fue condenado por el asesinato del agente ''jim capoot'' ocurrido en el dos mil once... --- ayer se esperaban tribunal empezara a decidir por la pena de muerte pero dos de los miembros dijeron al juez que tenan que salir de la ciudad... --- para este caso no hay jurados suplentes luego que varios de ellos tuvieron que ser retirados del proceso.. lorena facebook lorena-ms --un residente del rea de la baha se prepara para hacer historia... take vo --"simon domnguez", intenta convertirse en la primera persona en nadar desde el puente golden gate hasta "farallon islands", al oeste de san francisco... --"domnguez" oriundo de australia, comenz su travesa anoche cuando salt en las glidas aguas para comenzar el recorrido de 30 millas contra la corriente... --se encuentra a mitad de camino y se espera concluya su hazaÑa esta tarde. alonso-take vo --esta maÑana...la escuela primaria "m-p brown" ser renovada en daly city... --el esfuerzo es parte del "mes del voluntario global", una iniciativa de los empleados de "marketo"... --hoy cientos de ellos estarn pintando los murales y terminando el proyecto d

vo-blanca ---esta tarde, fue declarado "culpable" el hombre acusado de asesinar al policia "jim capootbre de 2011. ---las deliberaciones del jurado en el caso contra "henry albert smith" hijo tuvieron que ser interrumpidas en 3 ocasiones durante el transcurso del juicio. ---la fiscalia ha solicitado la pena de muerte contra "smith". blanca ---en vallejo, la policia investiga un incidente violento que dejo como saldo a 2 personas muertas y otra gravemente herida. cesar ---al parecer, los hechos fueron producto de la violencia intrafamiliar, que esta semana ya habia cobrado roll stinger otras dos victimas en walnut creek... take 2 box ---sandra bermudez en vivo, hablo con un experto sobre este tema y nos tiene mas detalles.. adelante sandra... take sandra live sandra live sot vo sandra live blanca-vo --hoy la policia de fremont dio a conocer nueva informacion acerca del hombre que fue --hoy la policia de fremont dio a conocer nueva informacion acerca del hombre que fue baleado por 2 agentes a principios de semana. --se trata de "troy francis" quien segun los oficiales amenazaba y persegu

declared in the penalty phase of the trial of the man convicted of killing vallejo police officer jim capooty albert smith junior was convicted of murder with special circumstances in that 2011 shooting. the trial to determine if smith should get the death penalty was due to begin today. however, a judge declared a mistrial because one of the jury members is moving out of the state and there are no alternate jury members. well now a new jury will be seated to decide that penalty phase beginning on august 31st. >>> 5:40 is the time right now. there is new developments in the sandra bland case. coming up at 6:00, the new video texas officials released and how they say it dispels rumors and conspiracy theories surrounding her death. >> but up next is america's pass time evolving. how all pyres are responding to the new high-tech way to call balls and strikes. >> good morning. we have a terrible commute on the east bay freeway. very, very slow because of a deadly crash near fruitvale. we are giving you alternate routes coming back. >> there is a bunch of fog on the coast. it won't help inland. b

fue condenado por el asesinato del agente ''jim capoot'' ocurrido en el dos mil once... --- ayer se esperabatribunal empezara a decidir por la pena de muerte pero dos de los miembros dijeron al juez que tenan que salir de la ciudad... --- para este caso no hay jurados suplentes luego que varios de ellos tuvieron que ser retirados del proceso.. lorena comienzan hoy los servicios funebres para el sargento de la policia de hayward scott lunger, quien murio la semana pasada en el cumplimiento de su deber... alonso sus familiares y amigos lo velaran el dia de hoy, pero el publico podra asistir a un masivo servicio de recordacion que se llevara a cabo manana... paola reyes nos acompana en el estudio con los detalles... paola, que podemos esperar? live bug paola on cam que tal buenos dias... los servicios funebres comienzan con un velorio el dia de hoy y continuan manana con un servicio publico en el oracle arena y el sepelio privado... take vo el velorio que estara abierto a familiares y amigos se celebra hoy de cuatro a nueve en una capilla de mission boulevard en hayward... a las 8:45 de manana,

officers said he shot officer jim capoot in the back three times after he spon today a bank robbery in 2011. next week the they will discuss when the death penalty portion of the trial had tapes. >>> there be a street dedication in his name. officer unless was shot and killed ten years ago today while responding to a disturbance call on doolittle drive. he was the first officer killed from san leandro in 40 years. >> he was a good friend to all of us, a great family man. he was a father and a son and a brother. and he is still missed by many. it's something that none of us will ever forget. >> the city council will rename a stretch of hayes street between east 14th and david dan neime way. a celebration of his life will take place at root park at 1:00 p.m. today. >>> also today a community forum will take place in san francisco's mission district to focus open several acts of vandalism against a mural. surveillance video caught a man splashing some kind of flammable liquid on the mural and tried to burn it last month. there has also been graffiti on it. the mural mixes images from lati

esta nuevo aviso--- ---la semana pasada "smith " fue declarado culpable por dispararle al oficial "jim capootar a decidir si deben condenarlo a muerte, pero dos miembros le dijeron al juez que deban salir de la ciudad--- ---la anulacin del juicio significa que tendran que seleccionar un nuevo jurado... posiblemente demorando la decisin--- cesar --un hombre fue arrestado la maÑana del domingo como principal sospechoso de intentar apuÑalar y agredir sexualmente a tres mujeres en casos aislados. vo --las tres victimas sobrevivieron a los ataques, que fueron perpetrados a lo largo de la calle monterey --el sospechoso, cuya identidad no ha sido dada a conocer esta bajo arresto y enfrenta cargos de intento de asesinato, intento de asalto sexual, secuestro, asalto con arma mortal y resistencia al arresto. take vo blanca ---por casi 4 horas...decenas de bomberos de varios departamentos estuvieron combatiendo un incendio de maleza en un rea de entrenamiento de las fuerzas de reserva. ---250 acres fueron consumidas en dublin cerca de la interseccin de las autopistas 580 y 680. ---las llamas fueron sofo

henry smith was convicted of killing officer jim capoot in 2011. the trial for the penalty phase was going to start this week but one of the jurors is moving out of state. the judge set the new penalty phase for august 31. >>> a new york prison worker pleaded guilty to helping two killers pull off their daring escape. joyce mitchell admitted in court today that she provided blades and other tools to one of the escapees. investigators say she had agreed to be the getaway driver but got cold feet at the loose moment. the former prison seamstress faces up to seven years in prison. richard matt and david sweat were on the run for more than two weeks. matt was shot and killed, david sweat was captured. >>> a virgin galactic spaceship crashed in 2011, the pilot injured and the copilot dead. there was a structural failure due to copilot error. >>> it was a first-of-its-kind surgery in philadelphia. doctors successfully completed a double hand and forearm transplant on a child. marlie hall on the 8-year-old who is now looking ahead to the future. >> report

last week smith was convicted in the shooting of officer jim capoot back in 2011. today that jury was supposed to begin deciding if he should be sentenced to death. but two jurors told the judge they have to leave town. there are no alternate jurors remaining after a serious of issues forced several jurors to be dismissed earlier in this case. so a mistrial means a new jury will have to be selected, possibly delaying the sentencing decision for months. >>> she faced a judge today. the former new york prison employee accused of helping two inmates escape. joyce mitchell appeared in court for her arraignment in morning. she's accused of smuggling tools into the clinton county prison. that escape launched a massive manhunt that lasted more than two weeks. mitchell accepted a plea bargain and pled guilty to first-degree promoting prison contraband and fourth-degree prison facilitation facilitation. >> am i glad one aspect of this matter is over with? definitely. but we're ready to proceed with whatever charges we have to a grand jury and trial if necessary. >> as part

then got into a high speed chase and crash with officer jim capoot.a foot chase through a neighborood where the veteran officer was shot by smith and killed. death penalty in this case. who were lost. >> reporter: people the courtroom family of suspect michael strut nearly 50 police officers were department where sergeant scott was killed and wednesday morning we can tell you the suspect did not enter a plea he said nothing during this for a first court appearance castratos mother said no way her son could kill the officer in cold blood. "also edwards for the officer's family i am devastated know there's no words that could buy then have the words but i really feel" >> reporter: that the people as a physicist allan karma's the the read the charges against estrada first-rate murder with from circumstance. and including murder of a peace officer and court documents here police officer returned fire after liner was shot. the police are asking the public's help in identifying the vehicle and those inside. someone's it accused of first-degree murder and ce

. >> pam: smith was convicted of killing vallejo officer jim capoot. after a bank robbery, car chase and then neighborood in 2011. >> pam: san jose police plan to flood high-crime areas with additional officers. >> pam: the police chief says officers formed this strategy. following an exceptionally violent month. >> pam: multiple shootings and the arrest of a man in the alleged stabbing and rape of three women, prompted the department to take additional steps in enforcement. >> pam: the police presence in crime hot spots will likely draw overtime shifts and the redeployment of the special operations division. >>a routine test drive at lehmar's buick g-m-c into dangerous kidnapping >> pam: this happened on monday when a prospective car buyer, asked to drive a luxury van off the lot. but instead of returning to lehmar's he allegedly drove onto the 242- freeway heading toward pittsburg. with the car salesman in the passenger seat. >>"that was like a kidnapped situation then" >> pam: when the van came to a stop at a busy intersection the car salesman was a