but that's 30-year-old nick as he pled not guilty to charges that he killed 20-year-old justin valdez. the judge would only allow our cameras to show the back of his head as he stood at this morning's arraignment. prosecutors say he killed valdez at ran tom. >> he was on the hunt for at least an hour and 15 minutes, in the intwum between the -- interim between the time he stuck the gun in the back of one young man but didn't have the courage to pull the trigger and the time he killed mr. valdez. he showed up at a t. this ai restaurant and -- at a thai restaurant and was waving the gun around. >> we just received the case. we're gonna be looking through it and we're gonna be investigating. >> reporter: but prosecutors told the judge they already know his story because they have part of it on video. prosecutors say this was random. the two were strangers. two people who by chance ended up getting on that train together for a wide that lasted just about ten minutes. the victim, a young man, who was simply trying to get off the train, when they say he raised his gun and killed him without

he pointed the gun out of the train and opened fire, shooting and killing justin valdez.tim screamed too late. that's when the passengers began calling police. the suspect was arrested at his home where they found combat knives, two rifles and survival women. the d.a. said he was clearly hunting someone. listen. >> we see the behavior on the vid ow video e. he's pulling out the gun, looking around. puts it back. it's clear he's trying to pick a victim. >> he picked one. the suspect being held without bail. >> thanks. we'll be right back. >>> so anthony weiner is on "hannity" tonight. anthony weiner. you just kind of have to see it, don't you? thanks for watching. i'm megyn kelly. sean's up next. >> good morning. it's october 10th. a fox news alert this morning. kidnapped from his own home. gunmen storming in and snatching mrib yawlibya's prime minister gun point. the kidnapping night be pay back for the raid. >> how long the white house new the military death benefits would be cut off? >> it is getting done today. >> why won't you tell us what day you learned? yesterday?

he pointed the gun out of the train and opened fire, shooting and killing justin valdez.tim screamed too late. that's when the passengers began calling police. the suspect was arrested at his home where they found combat knives, two rifles and survival women. the d.a. said he was clearly hunting someone. listen. >> we see the behavior on the vid ow video e. he's pulling out the gun, looking around. puts it back. it's clear he's trying to pick a victim. >> he picked one. the suspect being held without bail. >> thanks. we'll be right back. and it feels like your lifeate revolves around your symptoms, ask your gastroenterologist about humira adalimumab. humira has been proven to work for adults who have tried other medications but still experience the symptoms of moderate to severe crohn's disease. in clinical studies, the majority of patients on humira saw significant symptom relief, and many achieved remission. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal events, such as infections, lymphoma, or other types of cancer,

he pointed the gun out of the train and opened fire, shooting and killing justin valdez.screamed too late. that's when the passengers began calling police. the suspect was arrested at his home where they found combat knives, two rifles and survival women. the d.a. said he was clearly hunting someone. listen. >> we see the behavior on the vid ow video e. he's pulling out the gun, looking around. puts it back. it's clear he's trying to pick a victim. >> he picked one. the suspect being held without bail. >> thanks. we'll be right back. vo: two years of grad school. 20 years with the company. thousands of presentations. and one rd earned partnership. it took a lot of work to get this far. so now i'm supposed to take a back seat when it comes to my investments? there's zero chance of that happening. avo: when you work with a schwab financial consultant, you'll get the guidance you need with the control you want. talk to us today. ♪relaxed music♪ go take the trail less traveled. go spend a little more time and a little less money. go to bass pro shops for great deals. like red

nick holmes is held without bail accused of randomly shooting 20-year-old justin valdez. due back in court november 20th. >>> clear surveillance video helped police capture a suspected burglar on camera. shows two men breaking into a home on cutting boulevard a week ago. we showed you. the 24 man from oakland and suspect on the loose. >>> hockey season starts in san jose. the sharks have a street rally at 4:45 ahead of the team's first regular season game. san jose plays the van hoover canucks. hosting in the a.l. series and lone starts for the a's. he was suspended for a positive test for testosterone. >>> raiders quarterback prior is set to start against the chargers. ready to go after suffering a concussion against denver. matt flynn has been demoted to third string after his performance against the redskins and back-up quarterback. listen to this. dante is changing name to dante hitter in. the hard hitting player is legally changing his name to further highlight his aggressive style of place. hitner got permission from his mom. i like he asked his mom and i'm surprise

he pleaded not guilty today to charges he killed a 20-year-old justin valdez, blees play he was on the hunt to kill someone and shot valdez as he got off a train. he had 20,000s ndz cash, and survivalist gear when arrested. >> looked like he was ready to go on the lamb and that would go in a cave until he can hunt for the next victim there. is something so deliberate about going out there, selecting the person you're going execute. >> the prosecution displayed a video that supposedly shows him stalking valdez on the bus. he pulled out a gun minute brtz shooting but no one saw it. >> there is a red flag warning about to go into effect. sandhya? >> we have a light breeze on the roof but that is about to change. winds kick up, our fire danger will be increasing as well. i'll show you what it looked like from that perspective. clear skies across the i bay area, red flag warnings for north, east bay hills and santa cruz mountains starting tomorrow night at 6:00 p.m. we have a wind advisory, really both running until saturday morn agent 6:00 p.m. -- a.m. winds gusting 35 to 45 miles per hour

the 30-year-old pled not guilty this morning for shooting 20-year-old justin valdez after the two got out a muni streetcar last week. the judge denied bail. prosecutors say the suspect is a threat to the public and could kill again. investigators say they found survivalist gear and an arsenal of weapons and $20,000 in cash after searching his residence. ♪ the catholic church invited the community to pay tribute to the men and women of all faiths, police, fire and emergency response people this morning. noncatholic chaplains were also invited to bless the people who the church considered guardian angels. >>> at store in union square has been hit by smash and grab thieves. a display window at ice breaker clothing store on post street is boarded up. investigators say somebody broke the window overnight and grabbed everything inside. police got an alarm call around 11:30 last night. the store manager across the street says his store was also hit twice in the last month. >> smashed one of our windows, came in, stole stuff, came back, exactly a week later, did a different window. another ha

the official plans for justin valdez viewing and burial update for those who haven't already heard: justinhis thursday october 3, 2013 @ st. columban in garden grove from 5pm-8pm with the rosawill be this friday october 4th, 2013 @ st. columban @10am with grave site service to follow at westminster memorial >> reporter: murder with the gun enhancement and possession of an illegal assault rifle that investigators say pumped at his home. exited the muni train and allegedly shot him in the back. according show or illustrates the victim that could be heard calling for help before he lost consciousness. being held without bail. >> reporter: 8 pm, and funeral friday starting with the mass at 10 am. a man who prosecutors say hunted for a victim beforekilling a san francisco the city's ingleside old justin >> pam: the bay area just days away from another bart strike. negotiations between bart management and its unions continued today. bart workers walked off the job back in july. commuters packed the ferries and buses to get to their destinations. >> we of course they not want to strike and we are

he shot and killed 20-year-old justin valdez as he got off a streetcar a week and a half ago. early that evening he threatened another man with a gun. a senator of his home turned up several guns including an illegal assault weapon. >> the case of a young the fire department will be reexamined. the 16-year-old was one of the three who died as a result of crash at san francisco airport on july 6. autopsy findings presentd to her family this week say she suffered fatal injuries to her head and pelvis. she was hit by a fire truck after being covered with fire-fighting folk. >> classes at cal resume after an explosion and power outage that forced the campus-wide evacuation. an electrical vault sledded and injured five. corpser -- copper thieved were blamed. backup generators have been connected and three administration endings are still in the dark. none will be connected to the electrical grid until at the investigation is complete. >> we will check with meteorologist, mike nicco. >> the forth bay is warmer but everyone else is the same or slightly cooler. san ramon is 50 and los

at the prosecutor's desk was a laptop which recorded the shooting death of justin valdez.was prepared to play it if the defense insisted that bail be set. that didn't happen. the prosecutor described the surreal scene captured on camera. >> it's the age we live in. everybody is absorbed with their laptops or ipads or iphones. so they're playing with their digital devices and there's a man standing there with a loaded .45 in a muni train and nobody knows it. >> the public defender says the prosecutor's threatened use of that video was shameless grandstanding. >>> new at 5:00, more details on the michael jackson verdict. jackson's family could have been awarded up to a billion dollars by the jury. instead, they'll receive nothing. nbc bay area stephanie stanton joins us in los angeles where the verdict was announced late this afternoon. what's the reaction thus far down there? >> well, reaction here is mixed. this trial lasted fiveç months. these jurors deliberated for roughly 14 hours. in the end this jury of six men and six women found that aeg live is not liable for mich

. >> that suspect pleaded not guilty yesterday to the murder of 20-year-old justin valdez. he also is accused of pulling a gun on other people earlier that night. >>> a los angeles jury has found concert promoter aeg is not liable for the death of pop singer michael jackson. jackson's family claimed aeg was negligent by hiring and supervising dr. conrad murray who was convicted in 2011 of involuntary manslaughter for giving jackson a lethal dose of the drug propofol. but yesterday in the aeg civil trial, the jury determined murray was competent for the job he was hired to do. >> he was not hired to administer propofol. if he had been hired to administer propofol he would have been unfit or incompetent. we realize it's a verdict that not everybody will agree with, but we hope that they will understand how we reached that verdict. >> the trial lasted five months. the jacksons had wanted up to $2 billion in damages. >>> 4:40. a mask manned videotapes a woman along a trail and the online video is creeping people out. why police's hands are tied. >>> what a car did moments befor

nikhom thephakaysone is accused of fatally shooting 20-year-old justin valdez in the back of the heads valdez exited the train. the 30-year-old thephakaysone has pleaded not guilty to murder and other charges in the sept. 23 slaying. prosecutors have said he was looking for a victim and randomly chose valdez. coming up on the kron four morning news. the government shutdown is affecting on popular san francisco landmark. we'll tell you what owners of the * cliff house have to say about closing their doors. plus-- a new report out this morning says * apple is losing their edge. and customers. we'll take a look at how many smartphone users are not going with apple's products. and two more arrests have been made after bikers attacked an s-u-v driver in new york city. why the n-y-p-d has arrested one of its own detectives, coming up. republicans and democrats have made no significant progress is getting federal employees back to work and raising the debt limit. a plan by senate democrats to increase the government's borrowing ability by a trillion dollars is drawing little support from the

. >> the 30-year-old pleaded not guilty this morning in the shooting of a 20-year-old justin valdez after the two got off a street car last week. the judge denied bail. prosecutors say the suspect is a threat to the public ask could kill again. investigators say they found survivalist gear and weapons along with $20,000 cash after searching the residence. >> police in redwood city posted extra officers at school campuses today after an abduction attempt yesterday morning. the student says he was walking to class when a man in a pickup truck stopped and offered him marijuana and asked him to get in. the student went to the office and reported the incident. school officials called police. this morning parents kept close watch on their kids when dropping them off. >> are you doing anything different? >> well, i'm bringing my kid to school. and dropping him off. >> ples say they're hoping to put a sketch together to get help in tracking down this person. >>> a two alarm fire destroyed a home in santa cruz county starting just before 1:30 and grew. you can see flames. firefighters say it did n

he is charged with last week's shooting death of 20-year-old justin valdez. prosecutors say he shot valdez as he was stepping off a muni train. prosecutors call it a random act. the prosecutor's office says it is still reviewing the case. the suspect is back in court on november 20. >>> el cerrito police say it was the sweatshirt that tipped off police to a suspected burglar. police say an officer recognized the sweatshirt that one of the men wore when he saw the suspect near a police station just three days after the burglary. the 24-year-old man from oakland was arrested. the second assailant remains at large. >>> ac transit union members rejected the latest contract offer, raising the possibility of a strike. members of amalgamated transit union voted 561-369 against the contract. it would have given them a 9.5% raise over the next three years and lowered their healthcare contributions. union leaders would not say anything about a strike, but it could potentially happen at about the same time as a possible b.a.r.t. strike. there are now just eight days bef

they will hold an outdoor prayer service for justin valdez. he was shot to death after getting off am muni train. then the prayer group will go to third and harrison to remember jonathan denver. the 25-year-old dodger fan was stabbed to death last week after going to a giant's game. and they will pray for the man killed in the western division. >>> this week's explosion and power black out on the cal campus is tied to the theft of copper wire from an off campus power substation. berkeley police say they now deal with copper thefts on a regular basis. the thieves commonly cash the metal in at recycling centers. >>> possibly good news for those thousands of federal workers who have been on furloughs. how they may be able to get all the money they lost back during the government shut down. plus a private pledge that house speaker john boehner made to fellow republicans. >>> and what we are learning about the woman who was shot and killed after leading police on a chase through washington. the reason her boyfriend called investigators last year. >

classmates of justin valdez are feeling the impact of this behavior. >> people's stupidity and ignoranceoing on around them. >> there's no sign of this changing as we watch at the very train stop that valdez boarded for the last time, students were still buried in their phones. kyung lah, cnn, san francisco. >> unbelievable. >>> still to come in the newsroom, student san franciscol say they're devastated but still cannot explain exactly why a patient's body was found in a hospital stairwell. waffle bars... fancy robes... seems every hotel has something to love... so join the loyalty program that lets you earn free nights in any of them. plus, for a limited time, members can win a free night every day. only at hotels.com but at least i can help keep their underwear clean. with charmin ultra strong. i'll take that. go get 'em, buddy! [ female announcer ] charmin ultra strong has a duraclean texture and its four times stronger than the leading bargain brand. enjoy the go with charmin ultra strong. ♪ [ male announcer ] laura's heart attack didn't come with a warning. today her doctor has her

he's accused of killing justin valdez as he stepped off a muni train. the suspect faces murder charges and possession of firearms charges. >>> 7:10. new this morning an early- morning house fire west of davis has left about four people without a home. it happened about 5:00 a.m. this morning. two brothers were in the home when they smelled smoke and then saw flames coming out of an air air conditioning uni-- air-conditioning unit. firefighters say the fire spread to a bedroom and attic. >>> construction crews are in the process of knocking down homes in lake county damaged by a landslide. 17 homes were damaged. half of a nearby duplex also collapsed. the other half reportedly may be saved. once the damaged homes are taken down the crews are gonna recontour the slope, put in some drams and cover it -- drains and cover it up with plastic. the work should be finished by october 15th. the fire that began last thursday in solano and yolo counties it will burn for a few more days. 20,000 bales of hay caught fire last week and is still causing air quality prob

justin valdez, seen in this youtube video honoring his family, was shot in the back of the head as heimes in front of distracted gadget-absorbed commuters. >> my brother was innocent and there was no reason for him to be killed. >> reporter: surveillance video of the incident hasn't been released with the exception of these images of the 30-year-old man police say shot valdez. authorities say the rest of the footage shows him pulling out the gun several times in front of a dozen commuters including valdez who had his back to him but no one on the train noticed. >> you can see people sitting or standing around him. they are busy working with their tablets or smartphones. completely distracted. >> reporter: police say, it was completely unprovoked. that the two men didn't even know each other. >> i miss him every day and he was too young to die. >> reporter: he is expected to appear in court next month. he has pleaded not guilty. linsey davis, abc news, new york. >> horrible story. i can't help but think people might have seen the gun and gone oh, my goodness, let me hope this goes away

a 30-year-old has pleaded not guilty to killing san francisco state student justin valdez last month. prosecutors say they have muni surveillance video showing the suspect holding a gun. they say other passengers were so engrossed in texting and other things, they were oblivious to what was happening. >>> the state public utilities commission has ordered pg&e to keep a gas line in san carlos out of service until the agency can determine whether it's safe. a judge initially ordered the utility to shut down the pipeline on saturday. they asked for the court order of a they learned an internal pg&e memo. the engineer raised questions about the possibility of a san bruno type disaster and the safety of the 83-year-old pipeline. >>> it was one year ago today when san francisco supervisors handed suspended sheriff ross mirkarimi his job back. the decision came at the end of a marathon meeting. the supervisors decided his bruising of his wife's arm during a heated argument was way out of line but it did not qualify as official misconduct. >>> 7:11. three new target stores opening today in th

group started today near san francisco state university to hold an outdoor prayer service for justin valdez. he was shot after getting off a muni train last week. the group moves to third and harrison to remember jonathan denver. the dodger fan was stabbed to death last week after going to a giants game. then the group will pray for a man that uz was killed in the city's western edition last week. >>> berkeley police are dealing with a growing number of copper thefts. this week's explosion and power blackout is tied to the theft of copper wire from an off campus power substation. berkeley police say they now deal with copper thieves on a regular basis. the thieves commonly cash in at the metal recycling centers. >>> time now 5:10. a very windily -- windy morning. planning an escape route. >>> terrifying moments outside the u.s. capitol. the new information we're learning about the woman shot dead after a high speed chase around washington, d.c.. >>> and it's windy in case you are just joining us. you might feel it if you are driving anywhere. this is a look at highway 4 and this traffic her

without bail for murder and two other gun-related felonies after shooting and killing a 20-year old justin valdezarly that evening he threatened another man with a gun. the search turned up several firearms including an illegal assault weapon. >> the case of a young asiana flight 214 victim killed by san francisco fire truck is now in the hands of the prosecution. today, the san francisco chronicle reports the police report will be used to determine if criminal charges should be filed. the fire d has called we the delegate a tragic accident. the 16-year-old from china was one of three teens who died as a result of the crash on july 6. autopsy findings say she suffered fatal injuries do her head and pelvis after being hit by a fire truck. >> classes at cal resume today after an explosion and power outage that forced a campus-wide evacuation. an electrical vault exploded on monday engine jurying five. authorities blame copper thieves for damaging the power system and crews have connected backup generators to 11 buildings that lost power, three administration buildings are without power and no affec

devices they didn't realize someone had been shot. 30-year-old man has pleaded not guilty to killing justin valdez last month. prosecutors say they have video showing the suspect holding a gun. they say the other passengers were tooen grossed in texting and oblivious of their surroundings. >> in berkeley the groups trying to save the downtown post office are angry. the building is now listed as being officially for sale on the real estate company's website, earlier this month the postal service said the city has until the middle of next month to make a comment on negative effects selling that building would have on preserving it. a spokesman says no sale would be completed until after the historic value of the post office is decided. >> some bay area lawmakers are calling for a formal review of the employment development department. that is after a computer problem delayed unemployment checks across the state. last week the department announced it had cleared its backlog but administrators tell us here that they are aware that some people are still waiting for their checks. democratic state signat

. >>> in other news, the suspect in last week's murder of justin valdez in san francisco is scheduled back in court this morning. nikhom thephakaysone is charged with shooting the 20-year-old san francisco state sophomore as he got off a muni bus. he is charged with murder and possession of an illegal assault weapon. >>> all classes should be back on schedule at uc-berkeley today after that power outage and explosion disrupted parts of the campus a few nights back. the university brought in some generators yesterday to provide electricity to the affected buildings. the authorities say monday's outage was connected to the theft of copper wiring and they believe that it is related to the underground explosion that happened just a couple of hours later. >>> bart and its unions go back to the bargaining table today. that's as the october 10 deadline looms when the bay area could see another strike on october 11. anne makovec is live at the walnut creek station with more on where the two sides stand. anne. >> reporter: more anxiety here at this bart station because the deadline is on the 1

prosecutors say he was hunting for a victim last monday night when he shot and killed 20-year- old justin valdezey say there is also other surveillance video critical to this case. >> it shows the patients and the sort of studied -- the patience and the sort of studied waiting of the defendant while he waits for the opportunity when those doors are open so he can shoot his victim and disappear into the night. >> when police arrested the suspect, they found an arsenal of weapons and $20,000 in cash. he is being held without bail and is due back in court next month. >>> after a five-month trial an l.a. jury decides that concert promoter aeg live was not responsible for the death of michael jackson. his mother and children sued the company seeking $2 billion in damages for the singer's death. the jacksons claimed the promoters negligently hired and supervised dr. conrad murray, who was later convicted of involuntary manslaughter for jackson's death. aeg live argued the company had no way of knowing murray was giving jackson the powerful drug that killed him. >>> the nation's about to enter its thir

he was -- has pleaded not guilty to killing san francisco state student justin valdez last month, prosecutors say they have video showing the suspect holding the gun. they say the other passengers were too engrossed in texting they were oblivious. >> snow in yosemite has closed a route, just like the park highway 120 is closed and closure starts at crane flat where it becomes the road, a winter weather advisory started a couple of minutes ago, two to 5 inches of snow are expected above 5000 fight. it runs through there to the lake. >> 5:10, a possible break in the government shut down, a live report on what they want down before they reach a deal. >> already it sickened more than 200 people, how the government shut down may have a direct tie to that chicken sold here. >> good morning, looking at a commute that is starting off pretty well for this middle of the weekday on highway 4. >> clear out there, fog, especially toward the san mateo coast and also there, what is going on here? will any of that make it here? [ female announcer ] having grands biscuits in the morning is easy. pop them in,

scheduled back in court this morning. 30-year-old nikhom thephakaysone is charged with shooting justin valdez as he got off a muni bus. he is charged with murder and possession of an illegal assault weapon. >>> it appears the 8-year-old oakland girl killed at a sleepover was the victim of a revenge killing. police say 22-year-old darnell williams and 27-year-old joseph carroll murdered alaysha carradine back in july. she would have been in the third grade now. instead, she is one of oakland's youngest murder victims this year. police think williams opened fire in retaliation for another killing that happened in berkeley earlier that day. >> if you kill anyone in oakland and particularly a child, that it doesn't matter where you go, that we will do everything that we can to find you. >> williams was arraigned yesterday. carroll was arrested in texas and will be extradited to face charges in oakland. >>> a customer beat up a body shop driver in a violent robbery. the customer dropped his car off saturday at the alameda collision repair asked for a courtesy ride home to oakland and during the tr

. >> suspect pleaded not guilty to the murder of 20-year-old justin valdez. prosecutors say he was hunting for a victim before that shooting. >>> eight people working for habitat for humanity were robbed at gunpoint at a project site in oakland. police say four men robbed the workers tuesday at a 12-home development on edies avenue. the thieves made off with cell phones, wallets and tools. one victim was pistol-whipped but not seriously hurt. >>> president carter is scheduled to visit the same building site next week. >>> more bay area headlines, san francisco neighbors will hold a memorial for the zen monk and mother who died after being hit by a city truck. the woman was killed last month at bernal heights holly park. the d.a.'s office has not filed charges against the city worker who was behind the wheel. tonight community members will demand action to prevent those kinds of accidents. >>> this morning, san francisco supervisors will talk about the way police investigate serious accidents involving bicycles and pedestrians. the hearing was called in respon

. >> the suspect pled not guilty to the murder of 20-year-old justin valdez.gators say he had pulled a gun on two other people that night. >>> fbi agents say they nabbed a bay area man behind notorious underground drug empire that allowed traffickers to peddle heroin, cocaine and hire met men. cate caugiran is in the newsroom. cate, agents say the mastermind made a careless mistake. >> reporter: agent say ross ulbricht led agents to him when he used his own name when asking questions about running the site on a public message board. this was a man the fbi says ran a billion-dollar empire off of his laptop. just last year, he did this youtube interview with a friend. >> pretty sure i want to start a family in the next five years. i want to have had a substantial positive impact on the future of humanity. >> reporter: this morning, ross ulbricht the accused druglord is waking up in jail. he was busted yesterday afternoon at the glen park public library. >> plainclothes fbi agents and they identified themselves as being from the fbi and saying they were making an

classmates of justin valdez are feeling the impact of this behavior. >> it's just people's stupidity,rds what's going on around them. >> reporter: there's no sign of this changing, as we watched at the very train stop that valdez boarded for the last time, students were still buried in their phones. kyung lah, cnn, san francisco. >> sad. >> i'm guilty of it. we uhl look at these. let's not forget what the true response but here is. it's the man with the gun that decided to do a horrible act. that's where it begins and ends, really. >> good point. >>> coming up next on "new day," here is a pretty provocative question for you. too intoxicated to be a killer? three people were convicted of homicide in separate car crashes, now say they were too drunk to understand what they were doing when taking the wheel. we'll talk about this. >>> how about this? the words healthy and obese can't go together, right? wrong. we'll tell you what research is telling us about the widening waistlines and overall health in america. >>> better question may be carry an umbrella or not. let's get to indra peter

. >>> the suspect in last week's murder of justin valdez in san francisco scheduled to be back in courtg. 30-year-old nikhom thephakaysone is charged with shooting the 20-year-old san francisco state sophomore as he got off a muni bus. >>> traffic and weather for your wednesday coming up right after the break. on tempur-pedic. sleep train's inventory clearance sale is on now. ♪ your ticket to a better night's sleep ♪ >>> good morning. let's get a check of the bay bridge toll plaza. it is backed up into the maze. the metering lights were turned on before 6:00 this morning. so we are jammed solid in the cash and the fastrak lanes. also, this is an earlier crash northbound 101 at alum rock. it is long since cleared to the center divide. but this traffic is really slow behind it on 101 coming up from 85 where we see brake lights. mass transit including all bart trains on time. >> checking your morning forecast, we are seeing some chilly temperatures outside right now. mainly in the upper 40s to low to mid-50s. napa 46 degrees. 54 in san francisco. mid-50s in oakland. by this afternoon, we a

. >> reporter: 20-year-old justin valdez, seen in this youtube video honoring his family, was shot in the back of the head, as he exited a san francisco train, by a man who flashed a gun several times in front of distracted, gadget-absorbed commuters. >> my brother was completely innocent and there was no reason for him to be killed. surveillance video of the incident, which happened late last month hasn't been released, with the exception of these images of nikhom thephakaysone, the man police say shot valdez. the rest of the footage shows him pulling out the gun several times, right in front of roughly a dozen commuters, including valdez, who had his back to him. but no one on the train noticed. >> you can see people sitting or standing around him. and they're working with their tablets or smartphones, completely distracted. >> reporter: police say it was completely unprovoked, that the two men didn't even know each other. >> i'm going to miss him every single day. he was too young to die. >> reporter: thephakaysone is expected to appear in court next month. he has pleaded not guilt

the group will begin near san francisco state unfortunate to hold an outdoor prayer service for justin valdez the 24-year-old student was shot to death after getting off a muni train last week. then the prayer group will go to third and harrison near at&t park to remember jonathan denver. the 25-year-old dodger fan was stabbed to death last week after going to a the game. then the group will also pray for a man who was killed in the city's western edition last week. this morning a federal judge is due to take up san jose's lawsuit against major league baseball. the city claims that major league baseball has imposed illegal road blocks in their attempt to bring the oakland a's to the south bay. major league baseball meantime will ask the judge to slow out the lawsuit. however, the shutdown of the federal government may slow everything down. that's because the lawsuit is being heard in federal court >>> it is 7:38. happening today, the excitement is building as the oakland a's are getting ready for the playoffs. pam cook is in studio with what you should know. >> the colyseum and the city of oa

. >> reporter: saturday's game against detroit ace justin verlander was also supposed to be sold out. >> got it, i'm in! >> reporter: but joshua valdezd the power of persistence. >> they found me a ticket. >> reporter: were you surprised? it was supposed to be sold out. >> i was told when i walked up that it was sold out. i said i'll be patient. just take your time finding a single ticket. >> reporter: lots of fans are loading up on a's gear including people jumping on the bandwagon now that the other team across the bay has called it a season. but even die-hard oakland fans say that's a good thing. >> they are on their own so all the fans whether they are giants fans or a's fans, they are focused on the a's because they stand alone. >> reporter: you just get more and more people to get involved and excited. >> i think you see more oakland a's caps on the streets just like when the giants -- you know, you see those things. >> reporter: the a's finished the regular season in dominant fashion and their fans feel this could be their year. and if giants fans want to come watch, that's okay, too. there's plenty of room on this bandwagon.