rights commissioner is back behind bars this morning on child pornography charges. 66-year-old larry brinkin was arrested after finding graphic photos on his computer. he was arrested back in june but they did not file charges saying they needed more time to investigate. he retired from his city post in 2010. >>> time is 4:44. dozens marched the a gas station to protest the fatal police shooting of a teenager. >> jail the killer cop now. >> yesterday would have been derrick gain's 16th bit cay. he was shot by a police officer in june. recently completed investigation cleared that officer saying the shoots was justifiable. gains ran from the officer after the officer knocked him down gains gun fell to the ground. >> mr. gains looked over at the firearm which was only about a foot away from him and at that point he began reaching towards the firearm and then the officer knew what he would not have enough time to subdue mr. gains. >> derrick should not be dead and this police officer panicked when he shot derrick. >> police say the gun turned out to be broken. the firing pen was missing. the of

francisco human rights commissioner is due to be arraigned on child pornography charges. 66-year-old larry brinkinted after they found graphic photos of children on his computer. he was arrested on similar charges back in june but they did not file charges saying they needed more time to investigate. >>> time now 5:32. overnight news san jose firefighters still closely watching this. a scene of a house fire. this started in the homes garage on midhurste court. quickly spread to the attic and the roof. firefighters watched this all night worried the roof might collapse. we just spoke in with them. they are expected to have everything wrapped up out there at 6:00 this morning. >>> a restaurant cook on a break became the latest victim of the growing violence on the streets of san jose. that cook in critical condition after being attacked outside of a 7-eleven store. the cook was taking a brief break from his job at a nearby restaurant when he was stabbed and brutally beaten. we just talked with police a little while ago. they are still out there searching for suspects. >> we had several witnesses tha

francisco human rights commissioner is back behind bars on child pornography charges. 66-year-old larry brinkin was arrested yesterday after they found graphic photos on his exciter. he was first arrested on similar charges back in june but they said they needed more time to investigate. he retired from his city post in 2010. >>> san francisco's recreation and park commission unanimously approved a sub way station. the union square station needed the commissioners approval because it will sit on park property. critics say it violates a charter provision about the nonregistration national use of public space. now they are threatening a lawsuit to try to block that station. >>> if you have unwanted soda in your home today is the day to trade it in for healthier options. they are holding a soda exchange program in cupertino today. anyone that brings in any unopened cans or bottles of soda will get free fruit and veggie vouchers. the exchange goes from 9:00 a.m. to 1:00 this afternoon. >>> time now 6:56. two bay area animals just made it into the guinness book of world records. first zach is a 25-y

human rights commercializer due to be arraigned today on child pornography charges. 66-year-old larry brinkinested last week after they found graphic photos of children on his computer. he was first arrested on similar charge charges in june but they did not file charges saying they needed more time to in fact. >>> two men from sunnyvale were arrest the accused of stealing 49 laptop computers from facebook's old headquarters. 20-year-old brandon simon is a security guard. he used to work at the palo alto campus. he was arrested along with 21- year-old travis calhoun. police pulled them over a short time later. police say they recovered all of the stolen items. >>> facebook completed its move to menlo park but still has equipment at the old palo alto location. bart is saying an electrical surge was the reason for that unusual sight in san francisco ten days ago. look at these pictures. you see the brief flash of orange in the upper left hand picture and the smoke fills the bart station. barts chief engineer says that was an arch of 1,000-volts of electricity caused by metallic debris on the tr

rights commissioner is back behind bars this morning on child pornography charges. 66-year-old larry brinkin arrested yesterday after police say they found graphic photos on his computer. he was first arrested on similar charges in june but at that time prosecutors didn't file charges saying they needed more time to investigate. brinkin retired from his city post in 2010. the search is on for a woman accused of stealing a donation box at a veterinary hospital. the donation were collected for a memorial fund for 18-year-old kyle nolan who was the son of one of the veterinarians and was killed last month in peru. the office manager at blue sky veterinary hospital thinks the box and a $1,000 inside was stolen by a woman who came in yesterday morning to make an appointment. she identified herself as helen burges and gave what police say a fake phone number and address. >> it seemed unreal that someone would do that. i didn't think there was people that would do such a horrible thing. >> the office was plan og take the money to a bank next week and they hope to generate more donations. >>> time i

this is what police seized from the home of larry brinkin. two red plastic tool boxes with videos inside, laptops, vhs, three thumb drives. the majority of it too graphic to report. >> reporter: larry brinkin pleaded not guilty to six felony counts of sending and receiving child pornography. he walked outside and we followed. >> reporter: one comment on the allegations? >> i am sorry, i can't speak. >> reporter: we tracked his attorney down. >> i can't say anything right now. >> reporter: but the district attorney did. >> we have tremendous amount of evidence in this case. this is not anything that is just being done to go after anyone. >> reporter: he is a former human rights commission member. >> how could hour marriage, our two male marriage possibly harm the institution of marriage? >> reporter: today the district attorney says they tipped off police about a child pornography discussion that included a dozen photos and messages. he said it was between larry brinkin and someone in australia. images included men with children as young as tw