undocumented immigrant jose zarate is charged in the case. for more i am charged -- i am joined by our legal analyst. this is a murder trial. but immigration seems to be a big part. is this going to turn into a trial on legal status of immigrants in this country? >> the judge has tried hard to make sure it won't happen. he wants to focus on the charges which are murder and lesser included offenses. it's going to be difficult not to keep these other issues in the case. but the judge is going to try hard to keep it out. it's going to be the goal with respect to jury selection, that is what lawyers have been trying to do to make sure they have people who will focus on the evidence and issues and not the extraneous material. >> the judge has said politics and immigration are not part of the trial. what does that mean? anytime those issues come up he will cut it off? >> i'm sure the judges talk to the lawyers. making sure they don't ask improper questions about those issues once the trial starts. the opening statements are kept far from those issu

a prosecutor claim today that jose ines garcia zarate shot kate steinle on purpose .ublic defendant representing garcia zarate said he found the gun wrapped in a t-shirt and it discharged when he unwrapped it. >>> another community meeting was held today in santa rosa as people begin a long road to recovery. officials outline the process for cleaning up the debris that was left behind. the first phase begins this week, and will focus on household hazardous waste and debris including asbestos, pesticides, propane tanks, air conditioners and refrigerators.>>> you are walking fox to news at 6:30 pm. >>> there was another freeway shooting this time in san bruno . police say that an uber i just picked up two passengers when he was shot in the neck . >> police are still looking for a suspect in a motive. >> reporter: the lady shooting happened just after 11:00 pmo sunday night in san bruno. it happened moments after a woman driving for uber picked up a couple. when officers arrived, they found a woman shot . investigators say do not -- they do not believe the uber driver or

jose zarate was arrested one hour later. immigration wanted to deport him but the san francisco arabs office desk the san francisco office -- and weeks later that happened. >> when it's all summed up and said and done there is going to be a baseline question that the jury is going to answer. the question is, whether the defendant intended to fire that can. we have a charge of murder. that is what we believe the evidence will show. >> >> reporter: the gun was stolen earlier out of the car. it belonged to arranger of the federal bureau of land management. the defense argued that jose zarate didn't steal the gun but found it on the peer and that it discharged accidentally and that he never intended to harm anyone. >> we are talking about a gun with a history of accidental discharge. it does not have a safety on it. it is marketed that way. >> reporter: now, just a point that needs to be made. this is a murder trial, it has nothing to do with immigration or sanctuary cities whether to build a wall or not. it's strictly a case ab

for hours jose ines garcia zarate sat kwieetly in court showing little reaction to the descriptions of how kate steinle died. her mother closed her eyes and wiped away tears. jose ines garcia zarate faces second degree murder charges. the defense painted a case of an accidental weapon discharge. the prosecution contends he fired deliberately. >> he's like not interested in admitting he was there, but eventually he does and talks and tells them what happened. and what happened is an accident. >> today is about the stienle family. and the resolve they've shown throughout the entire process. we're going to do everything we can to give them justice. >>> a suspected hate crime in one of the most liberal cities in the bay area.

zarate's attorney about his client's mental state. the attorney says they don't at this point plan to make any sort of argument about jose ynez garcia zaratey incompetent to stand trial. we will see if that changes as the trial and as the course -- the course of the trial goes on. but jose ynez garcia zarate faced up to 15 years in prison if convicted of the second degree murder charge he is facingment back to you, mike and gasia. >> allie rasmus live in san francisco. thank you. >>> a teenager accused of santa cruz accused of killing an 8- year-old girl two years ago will be tried as an adult. he was 15 when he killed madison. he lured her into his mother's apartment and raping her and stabbed her to death. her body was found in a nearby recycling bin. he confessed during taped interviews. if convicted he could get life in prison. >>> american airlines plans to meet with the naacp after the group issued a travel warning to african-american travelers. the group says it suggests a corporate culture of racial insensitive and possible racial bias. in one case an african-american mother said she and her baby were removed a flight when she aske

jose zarate admitted he was handling the gun used in the shooting, but his attorneys are arguing in this case saying the gun went off. the court argued zarate intended to kill steinle. now the gun used in the shooting had been reported stolen the week before steinle was killed. the district attorney says both sides will be calling firearm experts to the stand during the course of this trial to help make their case. >> the former head of the san francisco crime lab who is very familiar. he'll say absolutely these guns have a history of accidental discharges particularly if they are handled by someone who isn't properly trained. >> there will be a baseline question. whether the defendant intended to pull the trigger. >> reporter: now kate steinle's family has been in the courtroom all week. her father gave very emotional testimony on the first day of the trial recounting the moment he realized his daughter had been shot. yesterday in court two witnesses testified through their hotel window they saw zarate leave the pier after a single gunshot rang out. another witness said before the shoot

she was close to the defendant, jose zarate. she said he was going around and around in his chair, looking at people and laughing. she thought it was odd but dismissed him as a homeless man. she then took several beauty shots of the bay while inadvertently taking pictures of garcia while still sitting in the chair and kate steinle walking past him. it was those pictures that helped police find him about an hour later, not far from pier 17. >> when it is all said and done, there will be one basic question to answer. that's whether or not the defendant intended to pull the trigger. >> he intentionally shot steinle with a stolen gun. he is charged with second-degree murder. his defense team has said their client found the gun in the swivel chair and it went off when the client found the gun. >> this was an accident waiting to happen. the object was there. anybody who tinkered with it could have caused this to happen. >> his attorney said he will continue to pursue the accidental death defense. >> also interesting, at some point the

jose zarate admitted to firing the gun that killed steinle. he is an undocumented immigrant. he was released from custody for a marijuana offense three weeks earlier. his attorneys are hoping for an acquittal saying he found the gun under a bench wrapped in a t-shirt and the gun accidentally went off and he was unwrapping it. if convicted of second-degree murder, he could receive 15 years to life in prison. jurors could also decide that zarate was grossly negligent and he could receive a sentence of 2-4 years. that can be compounded with the previous drug offenses he had docket out a few more years as well. this trial is expected to last about seven weeks and we are beginning with opening statements here at 10 am. >> kate steinle by that killed by a man who had been deported touched off a national debate. president donald trump talk about steinle's this -- death sing the shooting should the need for a wall along the border. they passed case law which increase prison sentences for immigrants who reenter the u.s. after being deported. steinle parents said they would rather not

her accused kill ker jose zarate is on trial for second degree murder.minal and deportation history as well as san francisco's sanctuary city sparked anger across the country and on the campaign trail. >> my opponent wants sanctuary cities. but where was the sanctuary for indicate steinle? >> reporter: but the jury has been told to ignore the politics surrounding this case. the six men and six women were chosen among 1,000. jeanne yuen was in that jury pool. >> they did talk about not wanting that to color people's thoughts during the case. that that was not what this case was deciding. >> reporter: instead the focus will be on the shooting itself, whether it was accidental as garza rather claims or whether the gun was fired intentionally. legal analyst michael cardoza says it will be a couple of the experts. >> i've tried probably over 30 murder trials and i know whichever expert the jury likes better and the expert that they like is the expert they're going to believe. that's going to drive this trial. >> reporter: the trial is expected to conclude in

. >>> the jury in the murder trial of jose garcia zarate will hear more testimony from a crime scene investigator. three tourist who witnessed the shooting death of kate stinely took the witness stand. tara says prosecutor showed the jury a photo moments before -- >>reporter: an emotional day for stinely -- it's a photograph shows their daughter walking on the pier before she was killed july 1st, 2015. a man dressed in black identified as jose garcia zarate -- >> it has to send chills through the body of most people -- >> two witnesses testified through their hotel window, they say zarate leave the pier after a single gunshot. michelle low said before the shooting, zarate was people watching and laughing which made her uncomfortable. gonzalez was asked about his client's mental stability. >> this is not a situation where we're at a place where we're trying to say he's incompetent to stand trial. >> zarate 's behavior in court struck many as odd. he stared down select people in the courtroom. >> when he turns around and give that hard stare and i assume he was looking at a lot of wome

jose zarate is accused of fatally shooting steinle in july of 20-15 along pier- 14 in san francisco. to shooting steinle. but he has pleaded not guilty. he says the shooting was an accident. the gun used in the shooting was stolen out of car belonging to a bureau of land management ranger. zarate was in this country illegally. he had previously been deported five- times back to mexico. steinle's killing touched off a fierce debate over immigration and sanctuary city policies. we're following breaking news out of santa cruz county. a house fire has spread and evacuations are now in place. ááátoss to breakááá ♪ ♪ ♪ ♪ ♪ ( darya ) breaking news... a house fire in the santa cruz mountains spreads -- growing to 125 acres and forcing 150 evacuations. ( darya ) one firefighter was hurt battling this one. battling this one. he broke his wrist and has some cuts to his face.( james ) an inmate firefighter was also hurt. the fire is burning in the area of beer creek canyon road. it started as a house fire... but the flames spread to nearby vegetation and quickly grew. let's get right to the scene

después de la muerte de kate steinle, finalmente se sento en el banquillo de los acusados josé inés garcía zaratemente se sento en el banquillo de los acusados josé inés garcía zarate, el hombre hispano senalado como presunto responsable de los hechos y lo hizo frente a un jurado con representación inmigrante. el jurado, que fue seleccionado la semana pasada, est compuesto por seis hombres y seis mujeres, incluyendo tres inmigrantes en lo que parece querer garantizar un balance no solo de genero sino tambin de origen etnico. el acusado, de 54 aÑos de edad, enfrenta cargos criminales por dispararle a kate steinle el 1 de julio del 2015, mientras ella caminaba junto a su padre en las inmediaciones del muelle 14 aqui en san francisco. la parte acusatoria aseguro que el inmigrante indocumentado estaba plenamente consciente de lo que hacia mientras apuntaba y disparaba en contra de la joven de 32 anos de edad y por eso para ellos ahora lo mas

josÉ inés garcÍa zÁrate está siendo acusado de haber matado a kate, que hace dos aÑos caminaba por un. el presidente lo crÍtico de las ciudades santuario, dice que la muerte de la joven podrÍa haber sido evitado si san francisco hubiese entregado a inmigraciÓn a sospechoso. pero el jurado no tendrÁ que decidir nada de esto, sino sÓlo responder a una pregunta: fue el disparo intencional? como dice la italia, o solo --la fiscalÍa, o solo un trÁgico accidente? la defensa dice que el acusado encontrÓ el alma envuelta en una camisa cerca del muelle. la fiscalÍa no disputa pero dice que su intenciÓn era disparar contra personas y que luego de herir mortalmente a la joven, garcÍa tirÓ el arma al agua y se dio a la fuga. ustedes creen que no fue un accidente? >> seguramente creemos que intentÓ tirar la pistola y por eso estamos aquÍ con esta caso. luis: en los prÓximos dÍas las dos partes presentarÁn sus testigos, entre ellos el padre de kate que estaba consulta cuando muriÓ. la disputa que el acusado fue quien disparÓ el arma que terminÓ con su vida. hoy le preguntamos a los abogados defenso

prosecutors claim jose zarate intended to shoot kate steinle two years ago. a retired san francisco police crime scene investigator told the jury that he reconstructed the shooting on pier 14 and says that is the case despite the bullet ricochetting off the ground. defense attorney matt gonzalez strongly disagreed. >> i will say this. when i see the photographs posted they seem far away. in some of the photos you can see the difficult on the, the chair, you don't see the memorial stet up. that's how far it is. >> the distance between the bullet struck the pavement and where it hit kate steinle was element 80 feet. ahead at six we sflan why the bullet path could be the kai to the case. >>> crews mopping up the final remnants of the north bay fires we receiveward a teenage girl died padly hard in the further. the 17-year-old here from redwood valley died last night at a hospital in sacramento. according to her-on. she suffered severe burns in the redwood fire in mendocino county. the junior at yukiya high school never rae gained consciousness. scherr a family p

jose zarate.n undocumented immigrant deported five times had a criminal record and released from kuz three weeks before the shooting. the gun used in the crime belonged to a federal agent. the defense team is likely to argue the shooting was an accident. the prosecution has to prove the crime was reckless. whatever unfolds, emotions will be high in the courtroom. >> there is going to be the victim's family that want justice. >> the trial is set to begin tomorrow at 10:00 a.m. at the san francisco hall of justice. >>> how the art festival is lending a helping hand. >>> closely watching a warming trend. san francisco seeing highs tomorrow. other parts of the bay area closing in on 90s. we will show you wear when we come right back. body ca >> body cameras are being used by more and more police department in this country following a string of high profile police shooting of unarmed citizen throughout the years. how effective are the cameras. the results of a new study are in. >> drop the gun. >> repo

today jurors learned how police captured the suspect....jose garcia zarate...ron 4's maureen kelly was in the courtroom...... when the defense questioned just how the defendant was taken into look for at least two more days of warm temperatures comfortable overnight conditions. modest cooling trend back to normal occurs over the weekend and into early next week as onshore winds return. dry weather persists halloween and likely beyond. (steve) a big story we are following... court resumed in the murder trial of kate steinle. today jurors learned how police captured the suspect....jose garcia zarate... kron 4's maureen kelly was in the courtroom...... when the defense questioned just how the defendant was taken into custody. a port authority surveillance camera pointed at pier 14 showed when 32 year old kate steinle fell to the ground after being struck in the back by the bullet.it was from a vantage point much farther away than this shots.and very grainy.the people on film just little dots..but there was an audible gasp in the courthouse when the person identifi

josÉ garcia zarate is accused of firing that weapon that killed her.the gun had been stolen from a car belonging to a federal ranger four days earlier. that i think raer is expected to testify. >>> a construction worker has died after being pinned beneath a large machine in marin county and that's according to our media partner the marin ij. sky 7 flew over fairfax after firefighters freed the man from beneath a skidloader yesterday morning. the 37-year-old victim was reportedly an employee at a nearby boy scout camp. officials say he was moving gravel when the road collapsed sending him down an embankment. his identity has not been released. >>> more than 800 solano county workers will go on strike. they're protesting unfair labor practices. i according to the workers union one example happened during the north bay wildfires, workers say preparation planes were completely inadequate and combined with understaffing at solano county departments it was impossible for them to assist needy residents. some county departments have up to 10% of their position

muriÓ el 01/07/2015 en el muelle 14 de san francisco, josÉ inés versiÓn zÁrate, anteriormente conocidoo segundo grado. su caso desatÓ un debate porque san francisco lo dejÓ salir despuÉs ese se estimaron un delito menor de marihuana. abogados con 40 aÑos experiencia. dijeron que la bala rebotÓ en el piso. es responsable de disparar es arma, pero no de asesinar. el propio acusado confesÓ que se le dispara la pistola. se espera que la fiscalÍa presente videos de seguridad del incidente. >> una manera de motivar un programa de deportaciÓn masiva. la defensa piensa que el jurado puede ser imparcial. veamos ahora una cronologÍa de este caso que paralizÓ el paÍs y puso en la mira nacional el tema de las ciudades santuario. el 27/07/2015la policÍa encontrÓ norma de el fbi. el 1 de julio valjean a una mujer. un dÍa despuÉs, el 12 julio, encuentran el arma utilizada por garcÍa en las aguas de la bahÍa de san francisco. le contaremos lo que estÁn haciendo los activistas en washington para intentar salvar el estatus de protecciÓn temporal para centroamericanos. el brote de hepatitis en california

josÉ garcia zarate is accused of killing steinle.the gun was stolen from a car belonging to a ranger four days before. the ranger is expected to testify in the upcoming days. >>> when napa county evacuees can return home. yesterday the sheriffs lifted orders for dry creek road from oakville grade to the sonoma county line, all of wall road and the area near the 2700 block of atlas peak road northeast of napa. >>> more than 800 solano county workers will go on strike. according to the workers union one example happened during the north bay wildfires. workers say preparation plans were completely inadequate and combined with understaffing at solano county departments it was impossible for them to assist needy residents. some county departments have up to 10% of their positions unfilled. >>> new details this morning about a lawsuit to prevent the trump administration from ending health insurance subsidies. >> the judge hearing the case says he's unlikely to support the lawsuit. it was filed by 18 states including california. u.s. distri

she was close to the defendant, jose zarate.ng around and around in his chair, looking at people and laughing. she thought it was odd but dismissed him as a homeless man. she then took several beauty shots of the bay while inadvertently taking pictures of garcia while still sitting in the chair and kate steinle walking past him. it was those

they walked stoically into the courtroom to hear the opening arguments for the trial of jose ines garcia zarate. >> it could be an accidental shooting. >> reporter: his lawyer said the client was handling a handgun he found wrapped in a t- shirt under a bench on the pier when it accidentally fired. >> he didn't know the object he touched had a gun in it and does not bear criminal responsibility. >> reporter: prosecutors said that jose ines garcia zarate was recklessly pointing the gun at people and it belong to a bureau of land management ranger who reported it stolen from his car a week before kate steinle was shot. >> he has a second grade education and obviously has some mental health issues. >> reporter: he had been deported five times and then landed in jail on marijuana charges that were dropped and he was released, despite a request from immigration officials to hold him and he is now charged with second-degree murder. the maximum sentence is 15 years to life in prison. the jury is made up of six men and women including three legal immigrants and the trial will last about one month. anne

prosecutors say that it shows jose garcia zarate walking away . several police officers took the stand including a member of the dive team recovered the weapon. another officered -- officer testified that he appeared to be a deer in the headlights after authorities tracked him down.>> evidence comes with every witness and everything is going as expected. these witnesses paint a real picture of the evidence in this case. we think that the physical evidence favors our position. no matter what these witnesses say, at the end of the day this was a ricochet. you know, that bullet hit a place where it was pointed. >> that is the defense arguing the shooting was an accident and the bullet first hit the ground and ricocheted and hit kate in the back. >>> shasta county sheriff have released information about the mysterious abduction of a woman in reading. >> she sent me a text asking if i was coming home for lunch. >> you heard the 911 call where her husband reported she was missing.>> i found her phone and there is hair in the headphones so i am freaking

and a figure .identified as jose garcia zarate seen here in an eariler court appearance scurries off pier.the defense attorney maintains that the weapon that killed steinle had been wrapped in rags when his client found it on the pier. he says garcia zarate didn't' know it was a gun and it went off when picked it up. bitea spokesman for the da's office says this case is being built brick by brick and they believe the jury will see the charge of murder is supported by the evidence presented to them. maureen kelly kron4 news. (steve) police are investigating an alleged rape at stanford university. it is the third sexual assault reported in less than a month. (pam) and it may represent part of a disturbing trend on college campuses across the country. kron-4's rob fladeboe takes a closer look at the numbers for three bay area universities .. the stanford university department of public safety confirms it is investigating the alleged rape reported just after midnight on monday. a spokesman said victim and suspect are known to each other. police have reportedly investigated at least three

.>> jose ines garcia zarate was accused of firing the gun in on a summer night. new details now from our reporter who has been in the court with the trial.>> reporter: kate steinle's parents heard testimony today from john evans who used diagrams and pinpointed jose ines garcia zarate's location on the pier when kate steinle was shot. the bullet ricocheted off the ground of the pier and hit www.ktvu.com 78 feet away. prosecutors believe that zarate pointed the gun's styling, but jerked and miss the target. >> i think they are struggling to make sense of physical evidence that shows a ricochet from a very far different -- distance. >> reporter: there was no evidence of a rapport t-shirt on the pier which counters the defense attorneys argument that as he was unwrapping the gun, it misfired. >> whatever it was wrapped in, it was thrown over the pier with the gun.>> reporter: another witness said that after the gunshot rang out, he saw the defendant toss an object into the water. >> why did he tossed the gun in the water? >> i think it is totally consistent with wha

for hours jose ines garcia zarate sat kwieetly in court showing little reaction to the descriptions ofow kate steinle died. her mother closed her eyes and wiped away tears. jose ines garcia zarate faces second degree murder charges. the defense painted a case of an accidental weapon discharge. the prosecution contends he fired deliberately. >> he's like not interested in admitting he was there, but eventually he does and talks and tells them what happened. and what happened is an accident. >> today is about the stienle family. and the resolve they've shown throughout the entire process. we're going to do everything we can to give them justice. >>> a suspected hate crime in one of the most liberal cities in the bay area. it happened at the pacific center for human growth in berkeley. the lgbtq community said someone set their flag on fire. someone walking by was able to get a picture of the suspect. police ended up arresting a transient charging him with arson, committing a hate crime and battery. >>> south bay families allowed back in their homes tonight. the bear fire is now 85% con f

. >> reporter: prosecutors have charged the suspect, jose ines garcia-zarate , with second- degree murder and involuntary manslaughter. the jury will be asked to evaluate his intent. according to uc hastings law professor. >> did he intend to shoot the gun, pull the trigger? was it a matter of being reckless with the gun or was it an accident? that will be the focus of the case. >> reporter: the prosecutor showed the gun to the jury and said a ballistics expert will testify it can only be fired by pulling the trigger. she said kate steinle is dead because jose ines garcia-zarate pointed the gun at her and pulled the trigger. the defense attorney said the six-hour 40 caliber handgun accidentally went off and the fatal bullet ricocheted before hitting steinle. >> this bullet struck 78 feet away from kate steinle. we are talking about a gun with a history of accidental discharges. it does not have a safety. it's marketed that way. they make a model with a safety. this is not the one. >>> we now know the names of three people arrested by police in fremont in connection with a deadly weekend s

entre abogados defensores de josÉ inés zÁrate, acusado en el asesinato de kate stanley, incidente de. en el centro de la discordia, estuvo el agente federal, sean bukowski, que testificÓ sobre su arma robada de su vehÍculo. el agente federal iindicÓ que dejÓ la pistola porque era su segunda arma de trabajo y que hablo con un trabajador de seguridad de la zona que le prometiÓ que patrullar y a la zona. el defensor pÚblico cuestionÓ el criterio del agente por dejar un arma cargado en el auto. le preguntÓ al oficial si se sentÍa culpable. el juez dijo que ese cuestionamiento no procedÍa de ninguna manera. fue un testimonio importante durante este juicio. palmira: interesante todo lo que se habla. sabemos cuÁnto tiempo pasÓ entre el robo del arma y el encuentro? ramÓn: fue robado el 27 de junio de 2015. el oficial la reportÓ de forma inmediata. la muerte fue el 1 la muerte fue el 1 de julio de 2015. 4 dÍas despuÉs. esta noche vamos a tener la reacciÓn de la fiscalÍa y de la defensa sobre el posible impacto que podrÍa tener el testimonio de hoy en el caso. palmira: seguiremos muy de cerca

and a figure .identified as jose garcia zarate seen here in an eariler court appearance scurries offe defense attorney maintains that the weapon that killed steinle had been wrapped in rags when his client found it on the pier. he says garcia zarate didn't' know it was a gun and it went off when picked it up. bitea spokesman for the da's office says this case is being built brick by brick and they believe the jury will see the charge of murder is supported by the evidence presented to them. maureen kelly kron4 news. coming up next on the kron 4 morning news... the 49ers are joining forces with police unions to call for a safer america. we'll tell you more about the pledge being signed later this morning. plus ... a man is caught on camera stealing from a jewelry store. where it happened and if he was able to get away. and ... new video from our quadcopter four gives you an overhead view of the destruction caused by the northbay firestorm. the exclusive video is coming up. trusted battery for your son's favorite toy?t maybe not. maybe, you could trust he wouldn't leave the upstairs wa

jose zarate is accused of fatally shooting steinle in july of 20-15 along pier- 14 in san francisco. has pleaded not guilty. he says the shooting was an accident. the gun used in the shooting was stolen out of car belonging to a bureau of land management ranger. zarate was in this country illegally. he had previously been deported five- times back to mexico. steinle's killing touched off a fierce debate over immigration and sanctuary city policies. ( darya ) in the east bay... we have learned the identity of a 13-year-old boy shot to death last week in oakland. the boy was a student at frick impact academy. school officials say he was anibal andres ramirez... and he lived in oakland. we are told the shooting happened on seminary avenue... near foothill boulevard on tuesday night. no word on whether any arrests have been made. ( james ) we're following breaking news out of santa cruz county. a house fire has spread and evacuations are now in place. ááátoss to breakááá ( darya ) breaking news... a wildfire in the santa cruz mountains near boulder creek is spreading -- forcing 150 evacua

jose zarate was arrested for shooting steinle as she walked on san francisco's pier 14. eys say the shooting was accidenttal. zarate's arrest created a national controversy over san francisco's sanctuary city policies. zarate -- an undocumented immigrant -- had been taken into custody ábefore the shooting on marijuana charges. when the charged was dropped... he was released. ( darya ) no criminal charges will be filed after a deadly officer inovled shooting in san francisco. that shooting led to the abrupt resignation last year of police chief greg suhr. jessica williams was shot and killed by police in may of last year. police say sergeant justin erb shot her after she drove toward him in a car that had been reported stolen. the shooting came at a time of rising protests over police shootings... including the death of mario woods in the bayview district in 20-15. the district attorney's office says the evidence does ánotá show sergeant erb's acted unreasonably. public defender jeff adachi criticized the decision -- saying it sends the wrong message. ( james ) a man polic

the defendant, jose zarate found the agent's gun and it discharged accidentally. they saw video appearing to show the moments the gun went off. here it is now. nbc bay area has obtained that footage which you can view on our website. >>> now, a story new this morning, more college students having second thoughts about the night before will be turning to a vending machine for help. >> bob redell is live at stanford university with a way students can get this birth control. good morning, bob. >> reporter: well, good morning to you laura and marcus. several other campuses are taking stanford's lead and installing vending machines with the so-called morning after pill. the campus here installed this high-tech kiosk. this is inside a restroom in the old union build thag dispenses my way, an over-the-counter emergency contraceptive that prevents a woman from getting pregnant after the fact. my way was sold out when we visited last week. the student government pushed them to allow it on campus for women who need access on the weekend. when the health center is closed and

prosecutors claim that jose zarate intended to shoot kate steinle two years ago along the embarcadero. a retired sf p. d. crime scene investigator told the jury he reconstructed the shooting on pier 14 and that it appears the shooting was intentional despite the bullet ricochetting off the ground. matt gonzalez strongly disagrees. >> i will say this when i see the photographs posted they seem very far away. i mean in some of the photos you can see the dift the chair and you don't see the memorial. >> the distance between it struck the pavement and hit kate steinle was almost 80 feet. >> just in the newsroom a major trade by the winless 49ers. they have a new quarterback. within the past hour the 49ers have reportedry traded for that man number 10, patriot as quarterback jimmy garoppolo. the highly coveted quarterback for tom brady. they give up a second round draft pick to acquire him. he could make the 49ers debut as early as this weekend, sunday against the cardinals. how we are waiting for official confirmation from the 49ers. >>> accused of sexual conduct involving a then teenage

. >>> the trial continues for jose garcia zarate, the man charged with shooting and killing kate steinlee most riveting moment in court came when the prosecution played a digitally enhanced security video showing the moment kate steinle was shot. prosecutors say the video shows jose garcia zarate walking away after throwing a gun into the water nearby. several police officers took the stand. another officer testified that cowherd tuan was like a deer in the headlights when he was tracked down one hour after the shooting.>> evidence comes in with every witness and everything is going as expected. these witnesses paint a picture of the evidence in this case.>> we think fundamentally the physical evidence favors our position. no matter what any of these witnesses say, at the end of the day this is a ricochet and that bullet hit a place where it was pointed.>> that is the defense arguing the shooting was an accident and the bullet first hit the ground and then ricocheted and hit kate steinle officials are warning residents about fraudulent fema applications filed by identity thieves capitali

that could help the case of jose garcia zarate who claims that the 2015 shooting was accidental.e contends that he found the gun in a t-shirt and it went off when he picked it up. >>> the office conditions can be unpleasant and now there's a move to relocate workers at the hall of justice. they may go from bryant street into another building on rhode island street. anne makovec reports from the newsroom. >> reporter: unpleasant unsanitary downright dangerous conditions. today the board of supervisors is building on a new lease for a building on potrero hill and considering two properties in the south of market area all trying to move people out of the hall of justice. workers there have been been begging for it. the halls are dripping with rust, peeling paint and occasionally human waste from a leaky sewage system. it was built in 1958 and it houses the d.a.'s office, a jail with hundreds of inmates and criminal court. 30 years ago, the city was alerted to the fact that the building is unsafe and may crumble in an earthquake and possibly leaving prisoners trapped. >> earlier this

witnesses describing what they saw two years ago on a san francisco pier as the defendant jose zarate walked away after the gunshot that killed kate steinle. witnesses say he stood out because nearly everyone else appeared confused or was running toward the scene. earlier in the day, michelle lowe told the jury she remembered zarate spinning around on a chair grinning and laughing. as she and her family walked along the pier she heard a scream and saw a woman on the ground. lowe said she took pictures of the pier before the shooting showing zarate sitting in that chair and another showing steinle walking near him. steinle's father testified monday that before his daughter died she asked him for help and those were her last words. while the prosecution says the shooting was intentional, the defense claims it was an accident that happened when zarate stumbled upon the gun that killed kate steinle. >> jon: just in as republican senators flake and corker hit president trump, white house budget director mick mulvaney said it is confident republicans will close ranks and pass a tax plan by

jose garcia zarate is accused of shooting and killing kate steinle on pier 14 in july of 2015. that case quickly became a national flash point because zarate is an undocumented immigrant who has been released from custody because of san francisco's sanctuary city policies. the gun used in the crime was also -- also belonged to a federal agent. zarate's defense team is likely to argue the shooting was an accident and zarate didn't steal the gun, but that he found it. the prosecution has the burden to prove zarate's conduct was reckless and directly led to steinle's death. whatever unfolds, emotions will be running high. >> there is going to be the victim's family that want justice. that are still reeling on, you know, how did this happen? >> the trial is set to begin at 10:00 a.m. tomorrow at the san francisco hall of justice. >>> president trump still not letting go of a fight with a florida congresswoman after she criticized his words of condolence to a military widow. this all happening as democrats and republicans prepare to focus on tax reform on capitol hill and possibly a

and a figure .identified as jose garcia zarate seen here in an eariler court appearance scurries off the pier.the defense attorney maintains that the weapon that killed steinle had been wrapped in rags when his client found it on the pier. he says garcia zarate didn't' know it was a gun and it went off when picked it up. bitea spokesman for the da's office says this case is being built brick by brick and they believe the jury will see the charge of murder is supported by the evidence presented to them. maureen kelly kron4 news. a celebration was held for a santa rosa man killed in the north bay firestorm. kron4's j-r stone was there as friends and family remembered 40-year-old mike grabow (gray- bow). 40 year old mike grabow was remembered wednesday night. it's believed he was in bed when the tubbs fire tore through his santa rosa home near mark west springs road. tragically mike didn't make it out.he's just a really great person touched a lot of people probably the nicest man most genuine man i've ever met in my lifemike's friends spoke higly of him wednesday night. paul sheridan's

today jurors found out how police captured their suspect....jose garcia zarate ((steve/vo))his arrest sparked a national debate about immigration and became part of now president trump's election campaign...because zarate had been deported five times before the shooting. ((vicki/dbl bx))kron 4's maureen kelly is live in san francisco...she was in the courtroom when the defense questioned how the defendant was taken into custody..maure en? (maureen)today most of the witnesses we heard from today were police officers from various stages in this investigation, as the prosecution tries to build this murder case, brick by brick.(take pkg)the first witness of the day was a crime scene techniction who collected evidence the night of july 1, 2015 after 32 year old kate steinle was fatally shot in the back while walking on pier 14 with her father and a family friend.he showed a picture of crime tape around swivel chairs on the pier where they believed the accused, seen here in an earlier court appearance was sitting when he allegedly fired the fatal shot. under cross examination the csi tech a

jose garcia zarate is charged with second-degree murder. prosecutors say he intentionally fired a gun at steinle two years ago while she was walking along the embarcadero with her dad. the jury last heard from the park ranger whose gun was used in the shooting. the defense said garcia zarate found it under a bench and accidentally fired it. if convicted, he could face 125 ye 15 years in life in prison. >>> last night, san jose police called in help to try to get it under control. abc 7 news reporter matt keller just spoke with a sergeant. he joins us live from the san jose police headquarters. matt? >> reporter: kristen, we learned this morning an officer was hit by a car during this operation and he was sent to the hospital with minor injuries. and i was just told by a police sergeant here at san jose pd that they're still looking for that driver, he's wanted for asau assault with a deadly weapon. sunday night was fast and furious on san jose streets. san jose police along with the chp, santa clara county sheriff's office and morgan hill p

jose garcia zarate was arrested for shooting steinle as she walked on san francisco's pier 14.ense attorneys say the shooting was accidenttal. garcia zarate's arrest created a national controversy over san francisco's sanctuary city policies. garcia zarate -- an undocumented immigrant -- had been taken into custody ábefore the shooting on marijuana charges. when the charges were dropped... he was released. ( darya ) a 14-year-old boy is recovering after being injured while running from gunfire after getting off a bus in san francisco. it happened on tuesday morning near la salle and newcomb avenues in the city's bay view district. the gunman and the victim both got off the bus and that is when the shooter opened fire. the boy took off running and injured his ankle and suffered scratches to his head. he was taken to the hospital for his injuries. police believe the shooter was a 16-year-old boy. he has not yet been arrested. ( darya ) no criminal charges will be filed after a deadly officer inovled shooting in san francisco. that shooting led to the abrupt resignation last year

por el testimonio de michelle, una turista y testigo del incidente que mostrÓ tres fotos de josÉ garcÍa zÁratearar la pistola y nosotros vamos a hacer todo lo que podamos para traer justicia a la familia. luz: el testimonio de esta testigo revela que garcÍa zÁrate estaba dando vueltas en una silla rodante en el muelle 14 mientras se reÍa el solo. de repente, la testigo escuchÓ un balazo. algo que la fiscalÍa espera que sea evidencia de la culpabilidad del sospechoso, quien estÁ siendo acusado de homicidio de segundo grado. una sentencia que tiene como resultado cadena perpetua. mientras tanto, la defensa de garcÍa zÁrate asegura que todo fue un accidente, ya que como lo demuestra esta animaciÓn el sospechoso encontrÓ el arma robada de un agente federal envuelta en una camisa y Ésta se disparÓ, la bala derrotó hiriendo stanley en la espalda. >> esto fue un accidente que iba a pasar. cualquier persona hubiese recogido esta pistola y causarlo antes. luz: el juez prohibiÓ que se tocara el tema de la in documentaciÓn. desde san francisco, despeÑa noticias univisiÓn 14. palmira: el dÍa de hoy el cal

jose ynez garcia zarate's attorney told the jury that the shooting was an accident. >> we're talking about a gun with a history of accidental discharges. it does not have a safety on it. it is marketed that way. they make a model with a safety. this is not one. >> however the prosecutor showed the gun to the jury and said a ballistics expert will testify that the gun will only fire when the trigger is pulled. she went on to say that kate steinle is dead because jose ynez garcia zarate pointed the gun at her and pulled the trigger. the trial is expected to last at least six weeks. >>> antioch police are investigating a deadly shooting this morning. officers responded to reports of shots fired just after 10:30 last night near a market on the 900 block of west 10th street. a man shot at least once was found and pronounced dead at the scene. the motive is not known and no arrests have been made. anyone with information is urged to call police. >>> the california highway patrol is investigating a crash that killed one person and involved seven vehicles in the south bay last night. officer

jose enes zarate is accused of second-degree murder in the death of a woman in san francisco. thanks for joining us, i'm kristen sze. kate steinle was shot to death while walking with her father at pier 14. gar see ja cia zarate is undocu this background won't be a factor in the trial. abc 7 is live. >> reporter: i stopped down from the crowded and rather chaotic hallway out of the courtroom. every single member of the media has to be credentialed. the public has to enter a daily lottery to get a seat inside the courtroom. kate steinle's family arrived after 10:00 this morning, mother, brother and sister and law walked quietly and quickly through the crowd, focused on the courtroom ahead. no sign of her dad. the family did not say anything. >> we're trying to tell mr. garcia zarate's story and hoping to be able to do it effectively. >> reporter: what is his story? >> well, as you know, i think from the very outset i said this could very well be an accidental shooting consistent to what he said to the abc 7 camera team that interviewed him. i think i will make the case that's e

jose garcia zarate was arrested for shooting steinle as she walked on san francisco's pier 14. defense attorneys say the shooting was accidental. the case has touched off a nationwide controversy over san francisco's sanctuary city policies. garcia zarate -- an undocumented immigrant -- had been arrested and deported numerous times before the shooting. the gun used in the killing was stolen from a car belonging to a bureau of land management ranger. ( terisa ) in the east bay... san ramon police are looking for a man who tried to lure a middle school girl into his car and exposed himself. police have just released the sketch of the man. police say two middle school students were walking on bollinger canyon road near blossom ridge lane when the man told a girl to come to his car. as she got closer to the car she saw that the man was exposing himself and he tried to grab her shirt. she ran away. the man is described as having a scar on his right cheek. he was in a dark gray 4-door sedan... possibly with a nevada license plate. ( terisa ) later this morning... a larkfield neighbor

un caso en el que el jurado decidirÁ si josÉ inés garcÍa zÁrate disparÓ intencionalmente matando a su estaba junto a Él. hoy le tocÓ a una turista de la costa oeste. lo reconociÓ la corte dijo que el dÍa del incidente el acusado estaba sentado dando vueltas y vueltas en los asientos giratorios del muelle mientras sonreÍa sÓlo. el abogado defensor reconociÓ que garcÍa zÁrate tiene problemas mentales. pero dijo que su estrategia serÁ probar que la muerte fuera accidente. algunos analistas legales dicen que aunque una persona tenga problemas mentales y que sea incompetente para entender los cargos que se le presentara la corte son dos cosas diferentes. el probar incompetencia es mucho mÁs difÍcil y estÁ acorde a determinado que garcÍa zÁrate entiende los cargos que se han presentado en su contra. la defensa tambiÉn afirma que rebotÓ en el suelo y luego cambiÓ de dirección hiriendo a la vÍctima. la fiscalía, por su parte, cree que fue intencional. >> la pregunta es si el acusado intentÓ disparar la pistola y nosotros vamos hacer todo lo que podamos para traer justicia a la familia. luis:

jose garcia zarate is charged in the murder. last week, the jury heard from the federal agent whose gun was stolen... and later used to kill steinle two years ago on pier- 14 in san francisco. the defendant claims it was an accident. the trial is expected to last another three weeks. ( terisa ) the man accused of carjacking a man in san lorenzo before running over and killing the victim is set to be arraigned in court today. victor alvarez is being charged with murder and two counts of carjacking. police say the victim... james figueroa tried to stop alvarez from stealing his truck. that is when police say alvarez ran over figueroa. figueroa later died of his injuries. ( terisa ) police say they added more security at california's great america amusement park in the south bay. this after chaos erupted during a halloween event over the weekend. santa clara say they got reports of fights and thefts happening in the park saturday night. multiple people suffered minor injuries and several cell phones were stolen in the chaos. police