, who then fatally shoots geney-montez. kron4news freezes the video here due to it's graphic nature.(graphic)the district attorney's office found that the shooting was "legally justified." the reportsays geny-montez turned toward officer stewart and charged toward him while raising his right hand.." and that..."officer stewart reasonably believed he had no other means to neutralize the threat than to fire his gun..." it turns out that geney-montez was not armed and the video shows there was a fence between him and officer stewart when he fired. the geney-montez family complained the video was released to the public before they had a chance to see it, a video they say clearly speaks for itself.laura valdez/family friend".... he was trying to get away from the police, he was trying to hide and when he got inside that gate that's when you hear the multiple shots, there was no way he could have charged at the police, he was inside, in the report it said he had a gun, had had noting in his hands...." (rob live) santa clara polic

was arrested, and there were -- the reports came that montez was cooperating, and so velÁzquez knewe was in trouble because she had recruited montez, and the fled to sweden with her husband, swedish diplomat, and there's know treaty for eppsage between sweden and the u.s. so she is under indictment here but i've tracked her down, teaching public high school in sweden, and a very popular teach ever, teach are spanish and english at a good high school? stock home, but the funny thing is, this is another reporting thing which is -- so, she wouldn't talk to me, but i reached the principal of the school, and i started asking him about marta velÁzquez as a teacher. he said she was great teacher. said i noticed online that the school often has field trips to u.s. because it uses a cringe almost developed basis by ski coast systems on the west controversy said you send a lot of field trips the u.s. does she ever go on those? i knew she was under indictment in the u.s. so it was unlikely. he said, yeah, exact quote in the book but it's a very funny thing, she -- everybody else loves to go on

it turned out that geney-montez was not armed. his family, which picketed outside the district attorney's office on thursday, has filed a federal civil rights lawsuit against the city of santa clara and officer stewart. again, matthew haley,matthew haley/plaintiff's attorney "...we believe the video shows a young scared man who runs into a fenced area and the officer discharges his weapon, we believe there was no threat to the officer...." rob fladeboe/san jose"....santa clara police said they agree with with the report's findings. a spokesman for the da's office said it stands by it's report, adding that any contact with law enforcement ends in death is a tragedy." (robin)now to the latest on a big story we are following. defense attorneys rested their case in the trial of the man accused of killing kate steinle in san francisco. jose garcia zarate is accused of murdering steinle along pier- 14 back in 20-15. prosecutors have not presented a motive for the shooting... and are not required to prove that zarate 'meant' to kill stei

it turned out that geney-montez was not armed. his family, which picketed outside the district attorney's office on thursday, has filed a federal civil rights lawsuit against the city of santa clara and officer stewart. again, matthew haley,matthew haley/plaintiff's attorney "...we believe the video shows a young scared man who runs into a fenced area and the officer discharges his weapon, we believe there was no threat to the officer...." rob fladeboe/san jose"....santa clara police said they agree with with the report's findings. a spokesman for the da's office said it stands by it's report, adding that any contact with law enforcement ends in death is a tragedy." (grant) defense attorneys rested their case today in the trial for the man accused of killing kate steinle in san francisco. jose garcia zarate is accused of murdering steinle on pier 14 in jly of 20-15. prosecutors have not presented a motive for the shooting...and are not required to prove that he meant to kill steinle. prosecutors áareá required to prove that he fir

jesus geney- montez charged toward the officer with his hand up. the d-a's office says that the officer had reason to use force. the officer originaly said that he thought that geney-montez was armed. it turned out he was not. the video also appears to show a fence between geney-montez and the officer. <> ( james ) the family has also filed a lawsuit against the officer. santa clara police said they agree with the d-a's findings. back to you. ( darya ) in the south bay... 12 people are without a home this morning .... including three children... after a fire broke out at a townhouse in san jose. it happened yesterday morning... on don seville court. people in the townhouse had already evacuated the buildings by the time firefighters got there. fire crews were able to put out the blaze about an hour later. no on

but it turns out that geney-montez was not armed... and the video shows there was a fence between him and officer stewart when stweart fired. the geney-montez family complained the video was released to the public before they had a chance to see it... a video they say clearly speaks for itself. (grant) santa clara police said they agree with the da's findings. and in a text message, a spokesman for the da's office said that " any contact with law enforcement that ends in a death is a tragedy." .. (pam) defense attorneys rested their case today.... in the trial of the man accused of killing kate steinle in san francisco. jose garcia zarate is accused of murdering steinle along pier- 14 back in 20-15. prosecutors have not presented a motive for the shooting... and are not required to prove that zarate

but it turns out that geney-montez was not armed... and the video shows there was a fence between him and officer stewart when stweart fired. the geney-montez family complained the video was released to the public before they had a chance to see it, a video they say clearly speaks for itself. laura valdez/family friend ".... he was trying to get away from the police, he was trying to hide and when he got inside that gate that's when you hear the multiple shots, there was no way he could have charged at the police, he was inside"(grant) santa clara police said they agree with the da's findings. and in a text message, a spokesman for the da's office said that " any contact with law enforcement that ends in a death is a tragedy."tragedy." death is a that ends in a enforcement law contact with said that " any the da's office spokesman for message, a and in a text findings. with the da's they agree police said santa clara santa clara police said they agree with the da's findings. and in a text message, a spokesman for the da's office said t

this is very scary. >> family members say montez is in mexico hoping he can come home. >> laura: turns out he's not so innocent. he was caught monday trying to sneak back in the united states, all the while as he brought a lawsuit. joining us is art del queto. he's a border patrol agent. this is a fascinating story for a lot of reasons. first, he claimed that he was unfairly deported but turns out he left voluntarily and then tried to sneak back in monday. like fell down and ran from border patrol agents and they ran after him. they tackled him. what do you think about situations like this where he's the poster child of the dreamer movement? >> i guess if we caught him, we're doing our job, right? first and foremost. but you know, you have an individual that at some point he's got to face reality and just stop lying. you know, he's been in this country. people are saying he's been in the country since a very young age. but he was lying the entire time. he lied about being deported the first time by border patrol. i read part of the story. there is no evidence that he was ever deported

. >> reporter: richard summers is jenae montez's stepfather.y called the police three times in march because the 24-year-old had been acting erratically. >> we're hoping he crashed the room, break a window, we don't care. we wanted help. >> reporter: tonight he showed us his step-son's bedroom. now there is a memorial inside. they hope the police would take jesus to get psychiatric help. they didn't expect him to be killed. summers says his wife is right now with her family in colombia. so they weren't even able to watch that video with their attorney when it was released. they have filed a lawsuit against the santa clara police department. reporting live at police headquarters, i'm sergio quintana, nbc bay area news. >> thank you, sergio. >>> a march in manhattan honoring the victims of tuesday's terror attack. mourners held a vigil on the very bike path where man killed eight people with a rental truck. investigators are digging for information on the suspect, sayfullo saipov. investigators say he chose halloween because he thought more peopl

. >> dean montez turned out to be unarmed, but a bloody knife was found in the bushes nearby. today the d.a.'s office claimed the shooting was justified to neutralize the perceived threat to officers and the surrounding neighborhood. his family said he struggled with mental illness but insist he was not a threat. they filed a federal civil rights lawsuit against the santa clara police department. >>> new at 6:00 bay area homebuyers would face a financial hit if the republican tax reform proposal becomes law. republican lawmakers want to cap the mortgage interest deduction at $500,000. under existing law people can claim a deduction on home loans up to 1 million. kpix5's kiet do did some math today and what did you find out? >> reporter: yeah, the consensus amongst the realtors here in the south bay that is this is a raw deal for homeowners in california, but just how much money are we talking about here that's going to come out of your wallet? we'll take a look. >> well, i was shocked. >> it's certainly pretty bad. >> reporter: we asked real estate and tax professionals to run

. >> the video shows is 24-year-old jesus montez. they were not sure if he was armed and believed he would have been a threat to people in neighboring homes. the suspect's family actually called police that day. they believed officers would have taken him to get mental assistance. his stepfather says he had no idea it would end in death. >> what i saw was flat-out murder. they said they tased him. i never saw a tasing. i never saw nothing. i saw him in the bushes getting shot. he's against a fence. >> the family has filed a wrongful death suit that is still playing out. the d.a. did not issue a comment along with yesterday's announcement. >>> well, a scary night for a stanford student. she says that a man grabbed her on campus early thursday morning. she says this happened as she was walking near the lakeside dining hall. she tells police he grabbed her by her wrist and waist but she was able to get away. police say the two did not know each other. officers say there is a search for that man, but they have not found him. >>> a 44-yea

again. 23-year-old juan manuel montez arrested by border patrol in california. left the country voluntarily which automatically cancelled his daca privileges. brian? brian: the california branch of the naacp claiming the national anthem is racist. says congress should change it. their problem is with the third verse that we never sing that says their blood has washed out their foul footsteps, pollution, no refuge could save the hireling and slave, from the terror of the flight or the gloom of the grave. brian: are they right? former ohio senate minority leader. just to further explain and put it in english in today's language the third verse refers to the fact that francis scott key was saying that american -- african-americans were being -- going to the british side during the war of 1812 and that's what he put in the third verse. it wasn't about blacks and whites and slavery and free people as much as we don't condone that so, chris, should we change it? >> no, we certainly should not change it. first of all, if we can't just throw america in the trash and sta