ktvu's john sasaki joins us from police headquarters with the turn in the investigation. john? >> reporter: this is a bizarre case and there is lot of questions to be answered. police spokes woman just wrapped up a press conference in which she said the amber alert has been canceled because there was no carjacking. the driver of the car was found by police today after a tip from someone who was watching the news coverage and the driver mentioned this here in this video, this surveillance video, that person was acting suspiciously inside, aggressively, stealing food and threatening people with a knife. the driver said that individual and he and a third person a woman in the car all knew each other. now what happens is that the individual ran outside, got into the car, and witnesses told police they believe there was a carjacking and the person in the back seat was someone who was under 18, possibly the victim of a kidnapping and carjacking. that is why the amber alert was activated. it turns out police say that woman is over 18 years old so there is no woman or no child in harm'

. >>> people would be huddled around the television and in some cases a new big-screen and john sasaki canting up up with the fans willing to spend big bucks to watch the game at home- a wall of flat-screen tvs lured in people at the emeryville best buy, looking for the right size and price. >> i really just want good quality picture and plenty of flexibility to plug things into it. >> reporter: this rush is on largely because people want to see the super bowl in all of its majesty. >> i'm a retired guy and i have started to watch a lot of television, and my eyes are a little older and i need a better tv. best buy officials toll me off- camera that today the store was projected to sell two to thee times more tvs and home theater equipment than on a normal saturday. given how long people stayed in the tv area, it's clear this is no simple task. >> this is hell -- an hour now? we were over there and i have bought four tvs by now, really? i'm like this is the one -- no, this is the one. >> reporter: some shoppers admitted they might not even watch the game. >> no, 49ers aren't in it. >> b

. >> we have team camera with ktvu's john sasaki. >>> we begin with our meteorologist mark tamayo. >> most of the bay area pick up no more than a few sprinkles excepts pars of the north bay, picking up clouds and light to moderate cells out there. as you can see some of the neighborhoods up towards bodega bay, windsor and sebastopol. we're talking about amounts over an inch or several inches, but not the case today. just a fraction of that. on live stormtracker 2, that is coming up for you right now, you can see the coverage out. there the one change is developing is this southern portion of the system beginning to approach areas south of the golden gate bridge. you can see the greens and possibly some more heavier showerses approaching the coast. closer inspection towards pillar point around half moon bay, highway 1, this will be increased in coverage in the short-term, moving across the bay, just in the short-term for late tonight into tomorrow morning. coming up we'll continue track the rainshowerses and also a few more changes developing for the second half of the weekend. >> our

john sasaki is at the scene of the fire and joins us live. >> reporter: take a look amount the outside. you can't tell anything that happened here on mountain view avenue. :00 d.c. county got the call there was a fire and firefighters got it under control within 20 minutes of receiving the 911 call. not a big fire. from the outside, you can't tell it happened. but investigators say it was a smoldering fire that likely burned for some time. the home had no smoke detectors. so the man was in the back bedroom and got no warning of danger. firefighters say they didn't see any burns on this individual. they believe maybe he was just overcome by the smoke. at this point, fire officials think the fire started because combustible materials were left on the front of a furnace. >> they should have been air ware of what was going on. the gentleman looks like he's in his 80s. sole his status at that point -- we don't have that information at this point. >> reporter: maybe was asleep -- >> he may have been asleep. >> he would come down the store and buy a couple of beers and go home. quiet man. >>

john sasaki society. john sasaki,. >> david: >>> video of a clerk and a man taking down a armed robber. ktvu's rob roth here now with the video and you spoke to the man who body slammed the gunman to the ground. >> police call what he did heroic and dangerous, at 1:30 a.m. this morning. >> store employee just finished his shut when this man -- shift when this man walked in. he demanded all the money. the video shows the clerk grabs the gunman's arm and enter joe williams. he held him down while the other clark placed the gun on the counter. he was pleading to let him go and he was afraid the man had another gun and subdued him till police arrived. we met him this afternoon. >> i was real nervous but my adrenaline took over and i didn't think twice about it. >> police arrested the 50-year- old for attempted robbery and being a felon in possession of a fire arm. what he did was heroic. >> i have seen and heard of other situations where it turned tragic because people fought and resisted. it is just -- a dan

our john sasaki found people right here in the bay area shopping for televisions ahoefd the big game, but we begin with our own gasia mikaelian live in new york city's times square. >> heather and ken, things are a little bit warmer and a whole lot busier than they were when we arrived here on tuesday to cover the super bowl for you. with just one day to go before the big game, everyone is busy packing in as much food, fun and, of course, football as they can before they head to the super bowl. 16-year-old kate have been best friends since preschool. tomorrow, they're going to the super bowl. >> people come up and they're, like, can we take pictures with you? we've been interviewed. this guy came up and interviewed us for his you tube channel. it was just so cool. >> you come to new york city, and you're the attraction? >> yes. it's so funny. >> the girls say they're having the time of their lives, and they didn't spend a dime for new outfits. all this was already theirs. >> you have to wear everything that you wear in seattle. you can't -- you have to -- it's all superstitious so sam

john sasaki, ktvu channel 2 news. >>> we have breaking news out of napa where the drum discovery of a 4-year-old girl has triggered the search for the child's mother and her boyfriend. police are searching for sarah krueger and ryan scott warner. police say they were called to an participant around 1:00 this afternoon to check on that child, they say when they arrived they found the little girl dead in bed. police anyone with information on these two is asked to call napa police immediately. >>> on a much happier note an explosion of fireworks celebrate the year of the horse. . >>> what pel are saying this new year may bring? >>> it look likes rain is on the way, ktvu meteorologist mark tamayo is coming up with how much wet weather we might be able to expect on super bowl sunday there is . >>> well a bit of a split weather pattern. tomorrow we're talking about more cloud and increasing rain chances in the bay area. cape mendicino, trying to detect rainfall locally. not the case right now, but that could be changing first thing sunday morning. current temperatures, cooling off rapidly,

ktvu's john sasaki is live with the concerns other dog owners have. john?o hurt. >> reporter: the black dog is sid. his pal is jefferson. >> they are best buddies. >> reporter: he lives where he could explore. that got him in trouble. >> who would do that? who would shoot a pet? in their eye? >> reporter: he was gone for a few minutes and when he came back the kids noticed something was wrong. >> he can't open his eye. there was a lot of blood. his eye, see it is red. >> reporter: they took him to the vet who made the discovery. >> you assume it is something that dogs get in and then you realize it is a pellet. >> this was in his eye. police are investigating the case of animal cruelty and dog owners are worried whoever did this could hurt a child. >> i would like to see this person come forward and admit from their heart that they hurt someone. they hurt a family. they hurt a community member. they hurt a dog. >> reporter: one neighbor made a surprising admission. >> he said yeah i have a pellet gun. his reaction was to be silent. not say anything. everybo

ktvu's john sasaki joins us with a look at the closure today's court hearing brings to the case. k bryan stow's family no sentence is enough to bring bryan stow back from where she -- he is now. >> reporter: marvin norwood and louie sanchez pleaded guilty to their roles in leaving san francisco giants fan bryan stow permanently disabled. 4 years and 8 years. before they received their fates, the family hit them with their words. >> being here i hoped to see one tiny bit of remorse to not think you are that despicable. but i don't. >> louie sanchez admitted to punching him after the game in down 11. it knocked him to the ground causing a brain injury.

john sasaki, ktvu news. >>> police are still trying to identify a woman that was found. the coroner's office said it is still trying to provide positive identification through dental records. her body was discovered at the entrance to redwood regional park late saturday night. police used evidence found near the remains to contact possible family members. >>> new at 5:00, accusations that certain jail juveniles in contra costa county are being mistreated. a lawsuit has been filed on behalf of the juveniles. the u.s. department of justice and education have joined in. tom baker live in martinez with why uncle sam says this case should move forward in federal court. >> reporter: the federal judge is soon going to decide whether or not officials here are illegally mistreating hundreds of inmates in a way they should not. of more than 1,000 inmates, more than 1/3 have disabilities. >> we're talking about disabilities that are mental disabilities. and this impact learning. >> reporter: smith is managing attorney at disability rights advocates which filed the lawsuit. >> this

ktvu's john sasaki is south of morgan hill, there is still a lot of work to be done here. >> reporter happened 16 hours ago and still the mess is days away from being cleaned up. we are across the freeway. here this small water way has been a big concern. >> reporter: it was a violent crash at 1:00 this morning. >> that tanker would have exploded the whole neighborhood would have woke up. >> reporter: this car slammed into the big rig causing it to over turn. gasoline then spilled out. >> because of the rain, there is no wear to stop it from here to the ocean. we are behind on that. >> reporter: a clean up crew rushed to the scene to collect the gas and gas soaked soil. >> working down here to see if any gas came across the culvert underneath the freeway. >> reporter: it reached the creek that leads to the river and then to the ocean. there is a boom to catch residual fuel. we are half a mile from the crash site but we are still getting a steady odor of gas coming from had it drain. the water district told me they have seen no problems and fish and game officials said they saw no wild

ktvu john is a sack i reports -- sasaki reports, attackers are being left to roam free. >>> uc berkeley is known as one of the best public universities in the world. >> last year i was assaulted in the resident's hall. >> now current and former students is arguing where sexual assault isn't taken siersiously. >> there isn't one -- seriously. >> there's hundreds of rapists watching around campus. >> 31 women are making charges because of what they suffered. >> we were being told there weren't any witnesses or being told you don't have a case because there isn't anyone to corroborate what you're saying and he's such a nice day. >> to support survivors and start making change. >> this student says she and three other women with were assaulted by the same male student on different occasions. >> there was no attention that was paid whatsoever to the fact that he might assault someone again, and it was a danger to have him in this environment. >> our hearts go out to them for the unimaginable trauma that they've been through. >> it was expecting change prior to today. the time that the invest

. >> as john sasaki reports the story is making headlines in the fairfield daily republic and makinghouse. >> reporter: autopsies and death investigations take place here at the solano county coroner's office in fairfield but lately there have been questions of ethics. >> defense attorneys are making some accusations and the prosecutors office is evaluating that. >> reporter: one case involved the killing of 13-year-old janelle conway allen found raped and killed in a fairfield park one year ago. dr. susan how demand who retired in december did the autopsy. >> i think it's early on preliminary to make really any findings on it. >> reporter: shortly after the autopsy dr. hogan sent an unusual e-mail to the prosecutor in which he suggests that sex between janelle and her attacker might have been consensual and the killing accidental. that's what started this ball of concern rolling. criminal defense attorney thomas moss is currently working a manslaughter case that hogan investigated. >> my office as well as the private defense bar in front of county we're still investigating whether o

ktvu's john sasaki is at that school tonight. john, this has happened before. parents are getting frustrated. >> indeed, frank. klasses are set to begin again tomorrow as scheduled, fwu that's after a week of gas leak issues, including a big leak this morning. >> with the way students reacted at skyline high school this morning, you might have thought summer vacation had started. 1900 teenagers flood into the surrounding oakland neighborhood after classes were cancelled because of a gas leak. >> i got kind of scared. i thought someone might have or something, a little bit explode. >> we should be having class. i was in the middle of tafking a test, getting ready for college. fire alarm went off and we just walked off. >> students were first confined to field around 9:30 a.m. while the leak was investigated. parents are not happy. >> they're not letting kids out. it's like a prison. they're on lockdown. kids smell gas. they want to leave, and they can't. >> would not be capped for hours. school officials then let students go home. that upset parents, as well, es

. >> as john sasaki reports the story is making headlines in the fairfield daily republic and makings at the courthouse. >> reporter: autopsies and death investigations take place here at the solano county coroner's office in fairfield but lately there have been questions of ethics. >> defense attorneys are making some accusations and the prosecutors office is evaluating that. >> reporter: one case involved the killing of 13-year-old janelle conway allen found raped and killed in a fairfield park one year ago. dr. susan how demand who retired in december did the autopsy. >> i think it's early on preliminary to make really any findings on it. >> reporter: shortly after the autopsy dr. hogan sent an unusual e-mail to the prosecutor in which he suggests that sex between janelle and her attacker might have been consensual and the killing accidental. that's what started this ball of concern rolling. criminal defense attorney thomas moss is currently working a manslaughter case that hogan investigated. >> my office as well as the private defense bar in front of county we're still investiga

john sasaki, ktvu channel 2 news. >> and our coverage continues on www.ktvu.com. we put together a section on the bryan stow beating case. right on the home page. watch the video of today's hearing, including the family's statements in court. >>> only on 2, he has been a banker, a treasury official and the man behind the tarp u.s. bank bail out and now he is running for governor of california. we sit down with him. she hoping to win the nomination and unseat governor jerry brown in the election. ktvu's jana katsuyama is attaches state university where he is about to -- san jose state university university where he is about to sit down. >> reporter: that will happen at 7:00 p.m. he never run for office so we wanted to find out why he thinks somebody who is pro choice, and who voted for president obama in 2008 can win the gop nomination. >> reporter: 40 years old, born in ohio, he is hoping to become the new face of a different kind of california republican party. >> i am libertarian. i want the government out of our lives. as i have been meeting with groups, they w

we have continued coverage from john sasaki. >> 32 -year-old marvin norwood and 31 -year-old luis sanchez pleaded guilty today in leaving brian still permanently disabled. before they received their fate as part of ape the deal, still his family hit them with their words. >> being here i hope to see one tiny bit of remorse in order to think that you were both were not that despicable. but i don't. >> sanchez admitted to sucker punching still in the parking lot after the opening ballgame in 2007. and knocked still to the ground causing serious brain injury. >> it has been extremely hard for me to try to explain to my children when this happened to their dad, what do you say to each other doesn't understand the hatred you portray? >> at times centers could be seen smirking at the things he was hearing. >> it was tough watching them. >> this time as the paramedic told me that he and his attackers can teach all sports fans and lesson. >> it's just again, go out there and enjoy yourselves, life was lost. he pretty much lost his life. pay period templin or he has done fundraisers for the stove

live in oakland, john sasaki, ktvu channel 2news. >>> more details now, the latest number from the chp showed drunk driving-related deaths have been increasing in recent years. 1997, 1100 people were killed in dui-related crashes. five years later, that number had increased to 1300. in 2007, that's the most recent year the statistics include, 1489 californians were killed in dui crashes. >>> we are getting new information on developing news right now in berkeley where there is a water main break. it happened about 4:30 this afternoon at the intersection of parker and mcgee. it's causing street flooding about a block away at parker and california streets. now, we just spoke with east bay mud. officials there told us the company is still in the process of turning off the water. until that happens, it won't know what kind of break crews are dealing with. there's still no word how many customers are being affected. with the drought in mind, we actually saw some people grabbing buckets to use the water to splash onto their lawns. >>> a new clue tonight in a series of water bottle attacks on

about 800 people, including our own john sasaki took a dip at aquatic park to help raise money for speciallympics northern california. most dressed in costumes to celebrate the 7th annual polar plunge. today's event raised around $200,000 to help fund programs for more than 16,000 special olympic athletes. congratulations. >> and john, such a trooper, raises money every year. >>> time to talk basketball. >> it is a special time of year in college basketball. stanford making a good case to be included in the ncaa field next month. looking to knock off 23rd ranked ucla today at home, snappy passing by stanford on this possession. it will eventually by dwight powell to josh houston for a dunk. houston had 22 for stanford. randall gets this sequence started with a steal, then brown to a jamming powell. stanford keeping on the pressure. it's brown with the steal this time and then houston gets the chance to rattle the rim. stanford knocks off the bruins, 83-74. at 9-5 in the pac-12, the cardinal is tied for third place. >>> well, it's another year of gonzaga and everybody else in the acc. senio

ktvu john sasaki reports, deputies say they'd been there plenty of times before. >> in san lorenzo, family and friends of 60-year-old david crowded into the corner house. his son richard told me by phone they were coming for just a short time to look at the scene and collect some things. this afternoon they all decline today talk to us. >> he's a family member of mine. when i heard about it, i was shocked. i'm still in shock right now. >> goines nephew spoke this morning but twoontd hide his identity. >> he's a stroke victim. you know, he's -- he's had -- you know, he's -- physically, you know, he had his problems physically. he walked with a cane. he's a great man, you know. >> it started last night as paramedics came to help him after he had a seizure. investigators say inside the ambulance, he became combative then ran back inside the house. sheriff's deputies responded, entered the house and say they were confronted by him armed with a baseball bat. investigators took this picture of that bat. >> he comes out. he violently attacks the sergeant, hitting him with a baseball bat and attem

john sasaki participated as he does every year.vent raised more than $200,000 to help the program. more than 16,000 special olympic athletes. >> put a shark fin on your head and jump right in. you could raise a lot of money heather. i at love people would pay to see that. i would. let's go to mark tamayo. >> the water temperature about 50 degrees. >> that is why i won't be doing it. [ laughter ] >> keep in the back planer. lots of sunshine and fog making a comeback coast side and around the bay. temperatures, look at 70s. morgan hill 73 degrees. i mentioned the fog regrouping near the coast and pushing back into the bay. up towards sonoma county and most recent observations reporting fog and overcast as working capital. so this cloud bank will continue to expand in coverage for the overnight hours. current temperatures are dropping off into the 40s in santa rosa and napa. mount view 53 and walnut creek 52 degrees. all the fag towards sut rotarian downtown san francisco. looks like a summertime weather pattern with the clouds hug th

john sasaki, ktvu channel 2 news. >>> more details, tony perkins president of the conservative familyearch council issue a state sharply critical of the decision. perkins said, "news that the justice department will extend sweeping recognition to marriages of same-sex couples is yet another illustration of the lawlessness of this administration." >>> california's health insurance exchange pulled it's on-line dr. directory, reporting that on-line list had errors about what doctors accept particular plans. patients have complained that doctors refused to accept their insurance. covered california had to revise the same list last fall as well. meantime the state is hiring more workers to handled applicant calls as the open enrollment period is set to expire in late march. >>> senate democrats are expressing concerns about the safety of the country's power grid following recent attacks at several plants. as two investigators this week you one attack which was caught on surveillance video occurred at a substation south of san josi last april. a california congressman called that attack "un

john sasaki, ktvu news. >>> officials from the state contractors license board raided a company that made safeguard tubs. we've learned that they were looking for financial records stemming from consumer complaints alleging things such as overcharging and false advertising. safeguard tubs are walk-in style bathtubs often geared at seniors. >>> the state independent system offered an alert. the alert was prompted by freezing weather in other parts of the u.s. and canada. during a flex alert, they ask the customers to turn off any unneeded lights and delay the use of large appliances such as dish washers, washing machines and dryers until after the alert is removed. they also ask people to turn down or turn off their heaters. >>> if you see low mileage. buyer beware. >> you could have bought a car with more than 200,000 miles on it. >> yeah. >>> and a school being slammed every day i spend three hours on weights. four hours on the slopes. and two hours doing this stuff. which leaves me approximately two minutes to get my banking done. so i use the citi mobile app to quickly check my ac

john sasaki, ktvu news. >>> officials from the state contractors license board raided a company that made safeguard tubs. we've learned that they were looking for financial records stemming from consumer complaints alleging things such as overcharging and false advertising. safeguard tubs are walk-in style bathtubs often geared at seniors. >>> the state independent system offered an alert. the alert was prompted by freezing weather in other parts of the u.s. and canada. during a flex alert, they ask the customers to turn off any unneeded lights and delay the use of large appliances such as dish washers, washing machines and dryers until after the alert is removed. they also ask people to turn down or turn off their heaters. >>> if you see low mileage. buyer beware. >> you could have bought a car with more than 200,000 miles on it. >> yeah. >>> and a school being slammed as racist. the controversy behind the black history month menu. >>> savoring the storms, the smart way to save this brush of rainwater. [ female announcer ] you know things will always change. so you need an airline t

live, john sasaki, ktvu channel 2 news. >>> a major source of confusion in the case was the license plate of the car police were searching for. when police tracked it it lead to an suv across the country. we have a crew looking into how that plate could have made its way tocalifornia -- to california, that is coming up. >>> prosecutors want college student kept in custody in pennsylvania while he awaits charges on bomb charges. he was arrested after police looking for marijuana found explosives in his apartment. prosecutor he is a flight risk if he is released on bail. the teen is on probation for burglary related charges in california. the attorney said the explosives were for kicks. not meant to harm anyone. >>> another water agency is asking people to conserve today. ktvu's john fowler is in contra costa county and tells us the problem is all the wet weather have some folks thinking the drought is over. john? >> reporter: this is the contra costa county water district. half a million customers are using water from the delta. they are not under mandatory conservation orders yet. >> how

john sasaki tells us there were so many people police had to be called in to help with crowd control.er: it was a dreary wet day in oakland as nearly 1,000 people said goodbye to 17- year-old justice toliver. >> i've been knowing her since she was 11 years old. it's hard. >> reporter: the funeral came two weeks after justice was shot and killed at her own home by allegedly her 14-year-old brother. >> accidents do happen. >> reporter: we were not allowed inside the service. oakland police were called in to clear out thousands of people because the church was too crowded. >> people are disappointed. because family we drove a long way and we can't get in. >> reporter: justice' aunt came from out of town. >> justice was a beautiful young lady. i helped raise justice from a little girl. me and her mother and we're a very close family. >> reporter: the 17-year-old mother was remembered at sweet and fun loving. >> everybody knew her. everybody liked her. if they didn't like her they loved her. >> she was a good person. like she was sweet. funny, crazy. >> reporter: one young man told us just

john sasaki tells us there were so many people police had to be called in to help with crowd control.>> reporter: it was a dreary wet day in oakland as nearly 1,000 people said goodbye to 17- year-old justice toliver. >> i've been knowing her since she was 11 years old. it's hard. >> reporter: the funeral came two weeks after justice was shot and killed at her own home by allegedly her 14-year-old brother. >> accidents do happen. >> reporter: we were not allowed inside the service. oakland police were called in to clear out thousands of people because the church was too crowded. >> people are disappointed. because family we drove a long way and we can't get in. >> reporter: justice' aunt came from out of town. >> justice was a beautiful young lady. i helped raise justice from a little girl. me and her mother and we're a very close family. >> reporter: the 17-year-old mother was remembered at sweet and fun loving. >> everybody knew her. everybody liked her. if they didn't like her they loved her. >> she was a good person. like she was sweet. funny, crazy. >> reporter: one young man tol

as john sasaki reports, one state senator in california calls it a great step for the nation. >> a rainyn francisco's castro district may have been brightened by news from the federal government. >> they're going to recognize gay marriage in that way at the federal level, that aspect of it it's about time and i'm happy to see it. >> the u.s. attorney general eric holder announced to that the federal government will ensure that same-sex marriages receive the same privileges, protections and rights as opposite sex marriages in any federal legal proceeding. >> it's a really important next step forward in our nation. >> mark leno applauds. move. it will mean that same sex spouses cannot be compelled to testify against each other in court and will be allowed the same visitation rights in federal prisons. >> anywhere where the federal government has some impact on married couples this will take effect and benefit those couples irrespective of whether the state in which they live recognizes their marriages. >> the plan will also allow benefits to the surviving same sex spouses of public safety

in berkely, john is a john -- john sasaki, ktvu, channel 2 news. >>> the judges ruled 2-1 in favor ofss cindy lee garcia. she sued saying she was duped into appearing in a film. it was called the innocence of muslims, and she says her voice was dubbed over to insult the prophet mohammed. google argued it was pointly because it was already widely circulated. >> sara says she started recording after two women at the molotov ball on haight confronted her. following that, she says a man took the glasses right off her face and ran. she ended up getting her google glass back, but says her purse and phone were stolen. police say they'd like to talk to the man, and the two women involved. >>> wait until you see this. convenience store workers taking action. tonight at 10:45, how two bay area men turned the tables on an armed robber. >> but first, in three minutes, a ktvu charles not having coverage stressed me out. i literally haven't been to a doctor in 15 years. i had a car accident when i was uninsured, and i declined medical assistance because it was gonna be too expensive. as a result, i

in berkely, john is a john -- john sasaki, ktvu, channel 2 news. >>> the judges ruled 2-1 in favor of actress cindy lee garcia. she sued saying she was duped into appearing in a film. it was called the innocence of muslims, and she says her voice was dubbed over to insult the prophet mohammed. google argued it was pointly because it was already widely circulated. >> sara says she started recording after two women at the molotov ball on haight confronted her. following that, she says a man took the glasses right off her face and ran. she ended up getting her google glass back, but says her purse and phone were stolen. police say they'd like to talk to the man, and the two women involved. >>> wait until you see this. convenience store workers taking action. tonight at 10:45, how two bay area men turned the tables on an armed robber. >> but first, in three minutes, a ktvu special report. millions of gallons of water stolen. how a theft by illegal pot growers is hurting children at school. hey! hi! ladies, how are you? let's taste some wine. ♪ ♪ seize your vacation with a southwest airlin

new at 6:00, john sasaki is live outside children's hospital in oakland, where the two children injured crash are in critical condition tonight. john? >> reporter: those two kids are here at children's hospital, recovering from that horrible crash that police say should never have happened. the crash scene is mostly cleaned up now, except for some small items that were ejected from the car on impact. >> truly a tragic incident that could have been avoided. >> reporter: it happened at 1:00 this morning on san pablo avenue near stanton avenue. you can tell from police photos that the crash was horrific. >> one of the children, 5-year- old child, was not in a child restraint, which is required by law. currently in critical condition. >> reporter: two girls, three and five years old, were critically injured, but the 3- year-old has since been upgraded to stable condition. 39-year-old harold mason, jr. of richmond was killed. >> the driver was most likely under the influence of alcohol. >> reporter: police say the 36- year-old woman was at the wheel. >> she should not have been driving under