johannes mehserle is one of five officers defending themselves in a lawsuit filed by passenger kenneth carruthers. he testified the officers used excessive force in 2008 at the coliseum b.a.r.t. station. >>> the wind is starting to pick up. there's a high wind advisory until 6:00 tomorrow night. there is also a high wind warning for many parts of california, including the california mountains and the high sierra. mark tamayo is join us on specific information about how strong the gusts will be. the winds are providing some relief. they are easing the dense fog. an advisory ended at 9:00 this morning. drivers are warned to slow down and proceed with caution. the fog overnight caused problems for local airline passengers. eight flights were canceled this morning at mineta san francisco airport. planes scheduled to take off this morning never made it in last night. nothing cancellations at mineta are rare. >> we have one of the best on- time performance record of any u.s. airport but there are those days when the tulle fog can slow us down. >> oakland airport did not report any problems. >>> major u

passenger kenneth carruthers. he says the officers used excessive force and violated his right. witnesses will testify that carruthers refused an order to leave the station, follow the officers and approached one with clenched firsts yelling threats. san francisco's ban on plastic bags could be expanded today. board of supervisors is said to consider legislation banning plastic bags at all retail stores and restaurants. right now, the ban only applies to supermarkets and chain store pharmacies, the legislation peaking considered also includes a ten-cent fee that stores would charge customers for any bags they give out starting in 2013. the sters -- stores would keep the money. >>> businesses in san francisco that offer free parking to customers may have to pay thousands of dollars for that privilege. the agency that runs muni is considering a proposal to charge businesses $1,000 -- a $1,000 fee permit each year. there are about 30,000 unpaid parking spots in the city and parking lots in places like stonestown galleria, grocery store and other outlets. by charging businesses a pa

passenger named kenneth carruthers is suing johannes mehserle and four other b.a.r.t. police officers. in this complaint, carruthers says he was arrested after making comments in front of five b.a.r.t. police officers that imbied they were "lazy and incompetent." carruthers alleged it was those comments alone that provoked the five officers to arrest him and during that arrest he was kicked and punched and had to go to the hospital for treatment. carruthers is suing for excessish force. the officers' attorneys will make the case in court, that's not what happened, that carruthers was about to become physically aggressive with police and that's why he was arrested. this whole episode -- during the jury selection today, the judge reminded jurors that this suit has nothing to do with the case. however, jurors were asked during the process about how much they knew about the oscar grant case and what they thought about johannes mehserle's sentencing and conviction. most jurors answered they were aware of his involvement in the oscar grant shooting but said it would not affe

the man arrested is kenneth carruthers who claimed the officers punched and kicked him. >> our defense of the facts in the case. >> what are they? >> as the evidence went in yesterday, that exactly as the officers reported it, as to eyewitnesses reported. >> oscar grant's uncle attended. >> had bart took responsibility of johannes mehserle' actions that night, my nephew oscar grant would probably still be living today. >> mehserle was convicted of involuntary manslaughter in the shooting of grant on new year's day, 2009. he was released from jail last summer. >>> it's getaway day for thousands of bay area residents on this the eve of thanksgiving. and with rain in the forecast, it may be a little sluggish on the ground and in the air. kraig debro is live at oakland international with a look at what is happening right now. >> reporter: good afternoon, mike. at oakland international airport it's fairly clear, traffic going through up to terminal two is smooth. this is the time everybody looks forward to, seeing friends and relatives. but that is the fun part. here at the airport maybe no

kenneth carruthers confronted officers angry because his car had been broken into inside of a bart parking lot. carruthers claimed mehserle and three other officers used excessive force and he's suing the officers along with bart. during today's testimony, mehserle told the court he feared for his own life and safety as well as the three other officers. >>> the suspected bank robber accused of killing a vallejo police officer made a brief appearance in court today. henry smith isn't expected to enter a plea until tomorrow. in today's hearing his attorneys asked the judge to exclude cameras from the courtroom at future appearances. the judge ruled that still cameras will be allowed. also today, the d.a.'s office requested a gag order in this case. the judge will rule on that motion later this week. >>> the motor of a bay area firefighter mowed down by a hit and run driver on thanksgiving day says she's hopeful his son will survive. police say this is the man who got into an argument with 29-year-old albert bartell at a jack in the box restaurant in the richmond district thanksgiving morning

former bart officer johannes mehserle testified that the plaintiff kenneth carruthers of oakland was about to attack another fellow officer some three years ago. carruthers admits he exchanged words with the officers but claims he was walking away when he was grabbed from behind, kicked and pickupched. >>> the -- and punched. >>> the judge gave dr. conrad murray 4 years in jail for involuntary manslaughter. murray will probably only serve half of that because of overcrowding in california prisons but he didn't get off easy. the judge scolded murray for almost half hour accusing him of tape recording a drug of michael jackson to blackmail him later. >> that tape recording was dr. murray's insurance policy. he engaged in this money-for- medicine madness that is simply not going to be tolerated. >> members of jackson's family did not speak in court. their attorney read a statement asking the judge to impose the maximum penalty and that's exactly what he did. >>> coming up, herman cain's campaign now in question. >> the key decision he is expected to make about his candidacy. also ahead

kenneth carruthers from oakland is suing mehserle and some other officers claiming they used excessive force when they arrested him at a bart station three years ago. mehserle testified last week that he grabbed carruthers to keep him from hitting one of his fellow officers. >>> a san jose police sergeant reportedly had marital trouble before he killed his wife then shot himself to death. the bodies of he and his wife were found sunday night in their gilroy home. the wife may have been strangled friends said he was possess ever and she recently asked him for a divorce. the two teenaged sons were not home at the time. >>> "occupy" protestors are planning a different kind of demonstration in downtown oakland today. they say they will reestablish around-the-clock presence at frank ogawa plaza in order have a central location for their movement. but they have no plans to camp out this time around. police have cleared the plaza twice in the past month. >>> students at uc-santa cruz are still holding an administrative building on campus. 75 people stormed the building yesterday protesting th

passenger samed kenneth carruthers. he's suing johannes mehserle and four other officers.s incident happened in november of 2008. that's when he was arrested outside of the oakland col le he -- coliseum station. he is expected to testify that he was protecting a fellow officer. carruthers alleges in the suit that he was kicked and punched after getting into an argument with before his arrest. this incident with carruthers happened six weeks before the -- grant was shot and killed 0 the fruitvale platform on new year's day in 2009. again, jury selection is going on. we're told if jury selection wraps up quickly, then opening statements could start as early as tomorrow. we have not yet heard back from them this morning. we'll have more on the news at noon. live in san francisco, allie rasmus, kut. >>> 8:46. you know how great you feel when you walk out of your hair salon? i'm going tomorrow and i can't wait. [ laughter ] >> blow try bars are a splurge women are paying for even in a recession. analysts say revenue from traditional hairstyling in down but this is booming. >> w

. >> just thought pattern he has is, needs to be addressed and bart failed to do that with kenneth carruthers. >> he's a convicted felon. he's going to say whatever he fwoonts say. >> on november 15th, 2008, krujers says his car as broken into and that officers attacked him when he made a remark police had done nothing about it. his lawyer says he was hog tied a procedure banned by bart police. >> this means you put someone's legs in shackles and arms in shackles and tie them together like a pig. >> but the defendants disputed the claim saying they used a hobble restraint, a strap that loops around the leg because he was kicking as being subdued. mehserle wrote carruthers was using profanity and making verbal threats and testified he was confrontational and aggressive. >> grabbed because it appeared he was about to hit another officer in the back of the head walking away from him. >> one footnote. mehserle's father got into trouble when he began taking cell phone pictures of oscar grant's uncle outside of the courtroom. officers confiscated the phone. now, the judge is considering sanctions a

now, he and four others are being sued by kenneth carruthers.claim the officers used excessive force and vite lated -- carruthers claims the officers used excessive force and violated his ongoing rights. >> our first amendment as well as our fourth amendment right is on still. it's important to us to see that kenneth carruthers seems some sort of -- receives some sort of justice. now the judge told the jurors that they have to tee decide this case independent of the oscar grant case. in fact, one juror was actually dismissed when he said i could not separate the -- he could not separate the two case. now, we're told evening arguments are just getting underway right now. a number of witnesses will be calmed to the stand for both sides including former b.a.r.t. police officer, johannes mehserle, he's expected to tiff in this case. that could be as early as next week. reporting live in the newsroom, i'm pam cook, let's go back to dave. >>> three americans have been detained in egypt for allegedly following molotov cocktails. you see the three young

this is kenneth carruthers.claimed the officers punched and kicked him during an arrest at a b.a.r.t. station. officer also claiming they only used the force necessary to carry out the arrest. this incident happened six weeks before the fatal shooting of oscar grant. >>> new this morning, rincon county fire inspectors are still at the scene of a gas station explosion. this happened in east, right near molita road, about 4:00 in the morning. when firefighters arrived, they found a van, gas pumps and an overhead awning on fire. >>> time is now 8:30. major league baseball appears to be finally taking a closer look at the oakland as san jose stadium proposal. ktvu's kraig debro live in san jose right now. he's been out there all morning. kraig? >> reporter: there's moi men tum building but there are a lot of steps -- there's momentum building but there are a lot of steps that have to be taken first. the biggest obstacle may be the as for the as moving to san jose is municipal stadium right here. not only is there a

. >> this is about kenneth carruthers, he spoke his mind, but never touched an officer. they did not like what he said, so they slammed him into the ground, they tied him up like a cave and laughed at him. sam and he challenged officers to fight. officer mehserle has testified that carothers started to swing at the back of another officer. >> he is a convicted felon, i am sure he will say whatever he wants to say. this story keeps changing from moment to moment. >> trust the jury in the the jury system. i think we have a degree jurors. it will be decided by them, not anyone else. >>pam: carothers is asking for an unspecified amount of money. the trial is expected to last at least two weeks. >>jaqueline: rain is on the way. the rain is sitting to the north making progress in this out. if you are driving up north, overnight locally, areas of rain locally. tomorrow morning, chilly and the clouded. as we head into friday, mostly sunny. by 9:00 p.m. areas of moderate rain. moderate rain to petaluma. by 5:00 a.m., moderate rains are san francisco, oakland, by 7:00 p.m. moving

he's expected to testify in the case brought by 43-year-old kenneth carruthers of oakland who claimswas beaten by mehserle and furr other b.a.r.t. officers in november 2008, weeks before the oscar grant shooting. mehserle is expected to testify he was acting to protect a fellow officer at the coliseum oakland airport station. opening statements could be heard as early as tomorrow in san francisco. >> san francisco police also looking for two men after a woman was raped and robbed at a motel on lumbard street. police say two men paid to have sex with the victim after meeting her on an escort website. once they were done they left the motel. however, surveillance video shows the two still around the area for several hours before returning. police say one suspect then robbed and raped the victim at gunpoint. the men accused of sexually assaulting the woman is described as possibly half black, half hispanic man between 25 and 30 years old. he's between 5'9" and weighs 160 points. the only description of the other suspect is that he was wearing a giants baseball cap. it's an uneasy site f

bart failed to do that with kenneth carruthers. >> november 18th 2008 carruthers says his car was broken into, and officers attacked him when he made a remark officers had done nothing about it. his lawyer says he was hog tied. a procedure ban bid police it means you put someone's legs in shackles and arms in shackles and tie them like they're a pig. >> defendants disputed the claim saying they used what is called a hobble restraint looping around the leg because he was kicking as being subdued. mehserle wrote he was using profanity. mehserle testified carruhers was confrontational and aggressive. >> he was grabbed because it appeared he was about to hit another officer in the back of the head who was walking from him. >> is he asking for a half million dollars, bart rejected the claim and are now fighting the case in court on behalf of mehserle and four officers. the trial is expected to end next week. vic lee avbc 7. >> thank you. a san francisco bicyclist in court today facing manslaughter charges for running over a pedestrian. the 23-year-old pleaded not guilty to misdemeanor manslau

kenneth carruthers testified he didn't raise his fist towards officers in a threatening way, as mehserle claimed. carruthers is suing b.a.r.t. in civil court claiming excessive force by police. he exchanged words with officers in 2008, weeks before mehserle was caught on cell phone video shooting and killing oscar grant. an expert witness also testified about hog tying which is how carruthers claims he was subdued. b.a.r.t. police have denied that allegation. >>> still ahead here at 6:00, many of us have one, and they might be dangerous. how hackers could target your home printer and even cause it to catch fire. >> i'm scott budman. take an old building, add a little silicon valley know-how, an you've got a completely carbon-free environment. coming up, the unusual way a local startup is cleaning the planet. >>> and they are not even working, but they are still making millions. the surprising new report involving prison doctors. >>> and good evening. i'm chief meteorologist jeff ranieri. cool, cloudy and foggy for some and well some sunshine for others. we did top out at 68 in oakland an

bart for officer: johannes mehserle and three other officers are expected to begin tomorrow. " kenneth carruthers, the man who claimed he was kicked and punched by bart officers testified yesterday, telling a jury that he was no angel that he did not deserve to be beaten up at the bart station in 2008. defense testimony starts today with closing arguments expected tomorrow. >>mark: gilroy police are investigating a murder/suicide that involved a san jose police sergeant and his wife. half there were found dead in their home in gilroy. tharp officers were dispatched after friends were unable to contact 50 soph he was a 16 year veteran of the san jose flea for the theory if >>darya: a man charged with killing his ex-wife and seven others in a shooting rampage in southern california will be arraigned today. dekraai is due back in court in orange county on eight counts of murder and one count of attempted murder. here he is being arrested shortly after the shooting. he was wearing a bulletproof vest when police say he went into a seal beach beauty salon opening fire killing his ex-wife and seven othe

jury deliberations are also expected today in the case followed by kenneth carruthers.claims johannes mehserle and four other officers used excess serve force when they arrested him -- exesive force -- excessive forewhen they arrested i had. and back in july, 45-year-old charles hill was shot and killed by police. you are looking at surveillance video. officers say hill threw a glass bottle at them and he also had knives on them when he was shot. >> the lawyer for hill's fall said hill did not deserve to be shot. the shalling is also peaking investigate -- the shooting is also being investigated by the police. >>> investigators are releasing new information about the deadly officer-involved shooting in sonoma county. it happened on thanksgiving day in sebastopol. investigators say a veteran officer responding to a domestic dispute call was forced to shoot an enraged moon who had pointed a gun at him. they say pablo perez had been pounding on the door of his ex- girlfriend who called police. >>> a group of low-income senior citizens have won a major legal battle. they ar