still walks around free today. >> reporter: a 2019 independent report found peroni struck grant in theead and kneed him. he can be seen holding grant down in this video. a newly-released report by o'malley's office found there was no injury to grant's head or neck that contributed to his death, saying that former officer messerly filed the fatal shot and was previously convicted of involuntary man later. >> we conclude we cannot prove peroni guilty beyond a reasonable doubt. for was there enough evidence to charge him with murder in 2009 and there is not enough evidence now. >> reporter: grant's family tells us that 50,000 people signed a petition demanding that peroni be charged. >> tony peroni committed murder on that platform and he should be charged for felony murder. >> reporter: j.r. stone, "abc 7 news". >>> abc 7 is committed to racial and social justice, all as part of our efforts to help build a better bay area. to join the fight and find your ally, head to abc7news.com/takeaction. >>> dems are moving full speed ahead to impeach president trump for a second time. what happens

still walks around free today. >> reporter: a 2019 independent report found peroni struck grant in the head and kneed him. he can be seen holding grant down in this video. a newly-released report by o'malley's office found there was no injury to grant's heador officer messerly filed the fatal shot and was previously convicted of involuntary man later. >> we conclude we cannot prove peroni guilty beyond a reasonable doubt. for was there enough evidence to charge him with murder in 2009 and there is not enough evidence now. >> reporter: grant's family tells us that 50,000 people signed a petition demanding that peroni be charged. >> tony peroni committed murder on that platform and he should be charged for felony murder. >> reporter: j.r. stone, "abc 7 news". >>> abc 7 is committed to racial and social justice, all as part of our efforts to help build a better bay area. to join the fight and find your ally, head to abc7news.com/takeaction. >>> dems are moving full speed ahead to impeach president trump for a second time. what happens today and what come hig alert icren honfcentsri the ca

police officer as well, anthony peroni. >> tony peroni, with his 250 pounds on oscar's neck, with his hands on oscar's face. you can hear in the video oscar saying "i can't breathe". >> we will hunt him down. >> yes, sir. >> we will find him. we will put him in jail, and we will make sure he doesn't hold another job in this country. >> reporter: latifah simon is on b.a.r.t.'s board of directors. she joined today's press conference and announced the board supports a felony murder charge against peroni. >> on january 14th, the majority of the board and i have authored a resolution. that resolution clearly states that the bay area rapid transit district board of directors believe it is time for nancy o'malley to charge officer peroni with felony murder. >> reporter: we reached out to district attorney o'malley's office for a comment today but have not heard back. she has previously said she's assigned a working group to look over the case, and, quote, the group has been working diligently to conduct a thorough review of the facts and the law. the office has been in close contact with the

>>nancy o'malley says that there just wasn't enough evidence linking officer anthony peroni to grant's death in 2009. our first jonathan mccall is live for us tonight with reaction jonathan yeah, grant vicki, the family of oscar grant had been pushing for murder charges to be filed against peroni the case reopened back in october to see if peroni could indeed be charged with murder for his role in oscar grant's death with the help of a task force. nancy o'malley says that she looked at every avenue before finally coming up with a decision. 12 years after he was killed at the hands of law enforcement. the family of oscar grant received a devastating blow in their fight for justice my heart hurt on today. >>because 12 years been crying out for justice for my son on monday alameda county district attorney's nancy o'malley said that there was not enough evidence to charge former bart officer anthony peroni with grants killing. >>pro knee did not commit the murder. that or the act that caused the death of mister grant. johan is measurably pulled the trigger and that act directly caused mist

the officer peroni still walks around free. and i'm not asking a hard thing. i'm asking us to do what is right. and that is charged the officer. for his actions that cause my son's death. >>a jury convicted measure lee of manslaughter in grant's death peroni was fired by barred after the incident we will have more on this story in a live report tonight in our prime-time news casts the san francisco police department is mourning the loss of the city's first black police chief earl sanders has passed away he joined the police department as a young army veteran, back in 1964. there's also a founding member of officers for justice which in 1973 filed a discrimination suit against the san francisco police department and sanders was the first police officer to testify in federal court about the racism he endured in san francisco. earl sanders was 83 years old. >>coming up thousands of doses of the covid vaccine expected to arrive here in the bay area how a bay area counties plan to distribute it. >>and one north bay city is asking permission to reopen outdoor dining

but he ultimately concluded that the team that no charges can be filed against peroni. okay, so henry, the family says they're going to continue to fight. but realistically what, if any options do they have at this point? well, they say they want to just sit down with her and step by step page by page go through their evidence that they say supports the murder charge. they're backed by high profile civil rights attorneys like charles bonner and john burst, but ultimately frank will be a battle of the attorneys. what the d a says can be proved which, in this case, they can't prove beyond reasonable doubt. peroni could be convicted of any crime versus the civil rights attorneys who have a different level of proof that they need to believe that this case can go force ultimately, whether or not they can prevail against nancy o'malley remains to be a question and really live for us tonight, henry. thank you. it's not just washington, d c with security concerns about the inauguration coming up a 5 30 ominous warning the state capitals around the country. and we told you about

tony peroni. what if 250 pounds. >>on oscars >>as a family demanding nancy o'malley. charge.ny peroni the felony murder back in october alameda county district attorney jan c o malley reopened the case promising to investigate the circumstances that led to grant's death. >>but so far no additional charges have been filed grant's family is frustrated. he should have never been let off the hook. when oscar was killed. 12 years ago on he should have been charged. at that time. and yet another failure in our judicial system kron 4 did reach out to the district attorney's office for comment on new year's day. but so far we have not heard back. in oakland charles clifford kron 4 news. >>and another big story we're following tonight. it is a grim milestone at the start of this new year the united states has reached 20 million covid cases. this comes less than a week after the country reached 90 million cases covid deaths have also increased to more than 346,000 and that number is expected to increase significantly due to holiday gatherings. right now the u.s. is racing to vaccinate

tony peroni. what if 250 pounds. >>on oscars >>as a family demanding nancy o'malley. charge. anthony peroni for felony murder back in october alameda county district attorney jan c o malley reopened the case promising to investigate the circumstances that led to grant's death. >>but so far no additional charges have been filed grant's family is frustrated. he should have never been let off the hook. when oscar was killed. 12 years ago on today, that's right he should have been charged. at that time. and yet another failure in our judicial system kron 4 did reach out to the district attorney's office for comment on new year's day. but so far we have not heard back. in oakland charles clifford kron 4 news. >>another big story we're following tonight. a grim milestone at the start of the new year the u.s. has reached 20 million covid cases. this comes less than a week after the country reached 19 million covid deaths have also increased to more than 346,000 that number is expected to increase significantly due to holiday gatherings. right now the u.s. is racing to vaccinate mill

anthony peroni to grant's death in 2009. i first jonathan mccall live for us tonight some reaction on that giannis the other family of oscar grant had been pushing to give murder charges against anthony peroni he's the officer who was seen on the video kneeling on the back of oscar grant's neck. this case was reopened back in october to see if peroni could be indeed charge for his role in oscar grant's death. a 16 page report the details released you can read it on kron 4 dot com. the anc o'malley says with the help of a task force she looked at every avenue before finally reaching this decision. 12 years after he was killed at the hands of law enforcement. the family of oscar grant received a devastating blow in their fight for justice my heart hurt on today. >>because 12 years been crying out for justice for my son on monday alameda county district attorney's nancy o'malley said that there was not enough evidence to charge former bart officer anthony peroni with grants killing. >>pro knee did not commit the murder. that fo

an internal report unsealed last year claims then officer anthony peroni called grant a racial epithet, and then kneeled on his neck before the officer fired the shot that killed grant, grant's family has been calling for murder charges, for peroni, but the alameda county district attorney says there is simply not enough evidence. >> although his conduct was aggressive, utterly unprofessional, and disgraceful, it did not rise to the mental state required for murder. >> i'm not asking anything different than what our united states constitution says or what our laws say. i'm asking for him to be charged for his actions. leading up to my son's death. >> the family says that their fight for charges will continue, and the oakland city council, and the bart board are both scheduled to vote this week, on resolutions urging the da to reverse today's action and to charge peroni with murder. >>> another trump administration official suddenly steps down. late this afternoon. >> and what president trump just did that will bring thousands of national guard troops to washington. >>> the big question

the fatal shot, but grant's family feel there's muffle evidence to hold this man, officer anthony peroni, accountable for his actions. >> because my son laid on the cold concrete with that officer's knee in his neck, and he continued to say he couldn't breathe. >> reporter: district attorney nancy o'malley said she assembled a team of investigators to look into whether peroni could be charged for murder, manslaughter, or any other crime. o'malley in a video statement explained there is no evidence to show the officer aided in grant's death, because he had no way of knowing meserli was going to fire his gun. >> we found that we cannot prove him guilty yard, nor was there enough evidence to charge him with murder in 2009. . >> reporter: the family and its team of lawyers is disputing the findings. >> we want you to know that the fight still goes on. we've been standing at this these mics for the last 12 years, and we've not going anywhere. >> reporter: as for charging the officer with lesser charges, in most cases, the statute of limitations has expired. the family does have the support of

crying out for justice for my son. >> oscar grant's family had asked for a murder charge against peronisays there is no evidence peroni knew in advance that he was going to shoot grant. >> the january 20th inauguration isn't just about joe biden and kamala harris. it's also about alex padilla, that's when he'll take over for harris as california senator. our state's first latino senator. today he told "the washington post" he's ready to hold the president responsible for last week's attack. >> every day that he remains in office, he remains a clear and present danger to the country and to our security. so i think speaker pelosi is absolutely right, to invoke the 25th for the sake of the nation. >> senator designate padilla says he will be a yes vote if the senate is asked to convict president trump. >> covid-19 now showing up in the animal world. the first known case of gorillas being infected. it happened at the san diego zoo. nbc bay area's cheryl hurd takes a look at the case and how one bay area zoo is reacting to it tonight. >> reporter: it is the first known case of apparent human

tony peroni. what if 250 pounds. >>on oscars >>as a family demanding nancy o'malley. charge. anthony peroni the felony murder back in october alameda county district attorney jan c o malley reopened the case promising to investigate the circumstances that led to grant's death. >>but so far no additional charges have been filed grant's family is frustrated. he should have never been let off the hook. when oscar was killed. 12 years ago on today, that's right he should have been charged. at that time. and yet another failure in our judicial system kron 4 did reach out to the district attorney's office for comment on new year's day. but so far we have not heard back. in oakland charles clifford kron 4 news. >>coming up on kron 4 news today, we'll take a look at the psychological toll of the constant opening closing and reopening is having on business owners and their workers. the now a new study may help local and state leaders decide when students can return to in person classes plus weny's bay city just ban smoking at apartments and condos try to improve the health of its resi

the investigation commissioned by bart found former officer peroni is actions. escalated the volatile and hostile atmosphere and peroni quote unquote was in large part responsible for setting the events in motion that created the chaotic environment. today bart board members and oakland city council members joined with grants family and attorneys to denounce the dia's decision. they say they plan to continue their efforts to seek justice. we will leave no stones unturned way will go to the state attorney general that we will also go to the federal justice department to seek federal criminal prosecutions with civil rights violations, and we ultimately will go to the voters. if nancy o'malley does not do the right thing, and we have other reservations for nancy o'malley. that's beyond the voters that she does not do the right thing. and grants. attorneys say they have another meeting scheduled next week with alameda county district attorney nancy o'malley to ask her again to reconsider her decision reporting live. allie rasmus ktvu fox jimmy's 12 years since the d

tony peroni. what if 250 pounds. >>on oscars >>as a family demanding nancy o'malley. charge. anthony peroni for felony murder back in october alameda county district attorney jan c o malley reopened the case promising to investigate the circumstances that led to grant's death. >>but so far no additional charges have been filed grant's family is frustrated. he should have never been let off the hook. when oscar was killed. 12 years ago on today, that's right he should have been charged. at that time. and yet another failure in our judicial system kron 4 did reach out to the district attorney's office for comment on new year's day. but so far we have not heard back. in oakland charles clifford kron 4 news. >>earlier this week, a vacaville police officer was filmed pinning down and punching. his canine partner and video really upset a lot of people sparked outrage in the community. the dog is now in the care of another handler 3rd party handler. >>here's the video tonight the san francisco spca is speaking out. officials releasing a statement condemning the actions by that offic

the family says it was peroni who created the atmosphere that led to the killing. tony peroni.what if 250 pounds. on oscars >>as a family demanding nancy o'malley. charge. anthony peroni the felony murder, he should have never been let off the hook. when oscar was killed. 12 years ago he should have been charged. at that time. and yet another failure. >>in our judicial system. >>back in october alameda county district attorney's nancy o'malley reopen the case promising to investigate the circumstances that led to grant's death. but so far the da's office has not filed additional charges kron 4 reached out to the district attorney's office but we have not yet heard back. earlier this week a vacaville police officer was filmed pinning down and punching his canine partner that video as you might imagine sparked outrage in the community. the dog is now in care of another handler take a look at the video is disturbing to to watch the san francisco spca is now speaking out officials releasing a statement condemning the actions by the officer saying in part quote the san francisco spc

the officer peroni still walks around free. and i'm not asking a hard thing.sking us to do what is right and that is charged the officer. for his actions that cause my son's death. >>a jury convicted measure lee of manslaughter in grant's death and peroni was fired by bart shortly after the incident. >>7.26 and coming up next if you live in contra costa county there's a way you could get your covid vaccine at your local pharmacy will tell you how after the break. >>welcome back, it is 7.29 and we're looking at sunshine all around i mean except for at golden gate there are few spots going to no matter what it is we've got john trouble standing by in the weather center. although this morning john you're saying a few folks may see is some mist drizzle maybe a sprinkle or 2 yeah we've had some sprinkles up in the north bay this morning and some cloud cover sitting across the day your view from happen be right here does have that because sunshine out in the distance and some increasingly cloudy skies across our coastal areas as well as right of san francisco where

tony peroni. what if 250 pounds. >>on oscars >>that's a family demanding nancy o'malley. charge. anthony peroni the felony murder back in october alameda county district attorney jan c o malley reopened the case promising to investigate the circumstances that led to grant's death. >>but so far no additional charges have been filed grant's family is frustrated. he should have never been let off the hook. when oscar was killed. 12 years ago on today, that's right he should have been charged. at that time. and yet another failure in our judicial system kron 4 did reach out to the district attorney's office for comment on new year's day. but so far we have not heard back. in oakland charles clifford kron 4 news. >>also the east bay residents in oakland can now contact police during emergency situations by texting 911. they can use the new service during emergencies where they're unable to safely place a phone call the service can also be used by people with hearing or language problems. police say it might not be available in all parts of oakland just yet. and people should then use

officer peroni who was never charged placed his knee on grant's neck which may have caused his death. >> as you can see in this picture that that proves beyond a reasonable doubt that a death occurred. >> the d.a.'s office did not respond to request for comment, but in a previous e-mail with abc 7 news the d.a.'s office wrote as is our policy regarding any open investigation, we cannot comment further. in oakland, ansar hassan, abc 7 news. >> there are several new laws that take effect today. any time police kill a person who isn't armed they must investigate. police are no longer able to use carotid restraints or choke holds. they have more oversight of county sheriffs. california has a task force on slavery reparations and that's another law that came about during the country's reckoning with race and social justice. this is the first law of its kind in the nation and the task force will make recommendations and there are changes coming to the real estate market because of the passage of proposition 19. >> the first is in february. those who inherit a home must use it as a primary r

o'malley to not press charges against officer peroni is more than a disappointment. it is a travesty. >> grant's family members say there is a petition with 50,000 signatures demanding peroni be charged. johannes mehserle was convicted of grant's murder but was convicted of involuntary manslaughter. >>> a lot more to come here. if you live in the north bay, you could wake up to rain tomorrow. spencer has details on a light storm copping our way, as well as what to these are real people, not actors, who've got their eczema under control. with less eczema, you can show more skin. so roll up those sleeves. and help heal your skin from within with dupixent. dupixent is the first treatment of its kind that continuously treats moderate-to-severe eczema, or atopic dermatitis, even between flare ups. dupixent is a biologic, and not a cream or steroid. many people taking dupixent saw clear or almost clear skin, and, had significantly less itch. don't use if you're allergic or alto dupixent.kin, serious allergic reactions can occur, including anaphylaxis, which is severe. stop

video showed peroni with his knee on grant's neck and back before those shots were fired. the family wants felony murder charges. >>> the police chief who presided over one of the most controversial police killings in u.s. history is being considered to lead the san jose police department. according to the "mercury news," minneapolis's police chief is on the short list of candidates. he has led the department since 2018, including during the deadly incident involving george floyd. video of floyd's death led to demonstrations across the united states and a national conversation on race in america. he's one of six finalists for the job which opened up when chief eddie garcia retired, then became the dallas police chief. >>> it is 5:05. our storm ranger being put to the test as it tracks an incoming storm. we've got a live look outside for you in oakland where it's pretty clear for now. and things will change later today. on the right of your screen, that's a live look up into the sierra, set to get even more snow from the system that's move in. we're talking taller than me.

the officer peroni still walks around free. and i'm not asking a hard thing. i'm asking us to do what is right. and that is charged the officer. for his actions that cause my son's death. >>a jury convicted messily of manslaughter in grant's death and peroni was fired by bart after the incident. >>time now is 5.20 and coming up on the kron 4 morning news refrigerated trailers are being distributed to help more of across the state cope with covid related deaths. by harnessing california's abundant wind and solar energy, we have the power to take on climate change. use less from 4 to 9 pm to keep california golden. dad! noour son says, house. since tide antibacterial fabric spray kills 99.9% of bacteria. just to be sure. he wants us to spray everything every time we walk into the door. it's just to be sure. just to be sure! i thought you just sprayed those. ma, it's just to be sure. see, he takes after my side of the family. for every just to be sure, it's got to be tide antibacterial fabric spray. ♪ oh, this is how it starts ♪ lightning strikes the heart ♪ the

today we condemn peroni is conduct, but we cannot charge him with murder or any other crime 12 yearseath of oscar grant at the hands of bark police officer johannes measure, lee alameda county d a. that's the old belly says she won't charge a second officer tony peroni, and the killing my heart hurts on today because 12 years i've been crying out for justice for my son grants family met privately with the d a, and then expressed their frustration afterwards, saying this was justice delayed and denied. but they say they haven't given up. the fight still goes on. that's right. we've been standing these bags as you know, for the last 12 years on, and we're not going anywhere, but the d a. appears to have closed the case thrown. he did not commit the murder. caught that or the act that caused the death of mr grant. o'malley blasted peroni for his actions leading up to gran's death, but said the former officer can't be prosecuted for murder or any other crime. although ponies conduct was aggressive, utterly unprofessional and disgraceful, it did not rise to the mental state required for m

the officer peroni still walks around free. and i'm not asking a hard thing. i'm asking us to do what is right. and that is charged the officer. for his actions that cause my son's death. >>a jury convicted measure lee of manslaughter in grant's death and peroni was fired by part after the incident. >>time now is 8.26 and coming up next on the kron 4 morning news, the cdc has new guidelines. they're going to update who should get the covid vaccination first we're just talking about >>the 29 right now and we're taking a look at the weather a little bit of gray skies and wind here at the golden gate bridge, not bad we've got john in the weather center. he's been looking at the entire bay area to see what the weather's like out there and john what we see in yeah definitely a gray morning guys today we're keeping the temperatures around that we had yesterday but we're just adding a bunch of cloud cover on top of it, that's a result of the atmospheric river actually most of that moisture from the atmospheric river being sent well to our north but we are tapping int

tony peroni committed murder on that platform, and he should be charged with felony murder.e violated oscar grant sole rights, and we know he should be held accountable for those wrong for x. as we mentioned no deal, o'malley came to a different conclusion. she released a statement today saying that although peroni is conduct was aggressive, utterly unprofessional and disgraceful, it did not rise to the mental state required for murder. one person was rescued and another is still missing this afternoon after they were both swept into the water off the san mateo county coast. fire crews responded to pescadero state beach about three o'clock yesterday afternoon. ah man and woman had been searching for muscles on the rocks there during a high surf advisory and massive waves in the area. they were hit by a wave and then swept into the ocean. the man was rescued and was taken to a hospital with hypothermia. in marin county. the search continues for a 30 year old man who disappeared after he was swept up by a sneaker wave. this happen it point benita. the man and his two friends w

dennis peroni is the other office shown holding down grant when he was shot and killed on new year's day 2009. he was not charged at the time, but the d.a. did reopen the dmas october. today the d.a. concluded that he should be condemned but will not be charged for any criminal offense. >> my heart hurts on today. because 12 years i've been cryin' out for justice for my son. >> oscar grant's family had called for a murder charge against peroni. the d.a.'s office says though, there's no evidence that he knew in advance that grant was going to be shot. >>> hopes that the bay area may move out of the stay-at-home order dashed today after governor newsom announced that the icu capacity had tumbled to a new low. the availability at 0.7%. that's the lowest we've seen yet. based on these numbers, the health order will likely remain in place. statewide, there were more than 39,000 new covid cases since yesterday, and 264 deaths. now california is trying to ramp up its vaccine distribution. the state has received 2.4 million doses. but as of yesterday, only 783,000 people have gotten shots. t

dennis peroni is the officer seen holding down oscar grant when he was shot and killed on new year's day 2009. right there on a b.a.r.t. platform. he was not charged at the time, but the d.a. reopened the case in october. today the d.a. concluded peroni's actions should be condemned but will not be charged for any criminal offense. >> my heart hurts today. because 12 years i've been cryin' out for justice for my son. >> oscar grant's family had called for a murder charge against peroni. the d.a. says there's no evidence that he knew in advance grant was going to be shot. >>> we all know how the pandemic has destroyed bay area jobs, new numbers showing how many have been lost. >>> also sailboats capsized like dominoes. the dangerous waves along the coast that led to a rescue of a dozen children. stay with us. >>> i'm chief meteorologist jeff ranieri. i'll have more on those waves, plus details on what's happening with our reservoirs across the state. i'm back in about eight minutes. california phones offers free specialized phones... like cordless phones. - ( phone ringing ) - big but

a 2019 independent report found officer tony peroni, circled here on your screen, struck grant in the head and kneed him in the 2009 incident at the fruitvale b.a.r.t station. however, a newly released report by the alameda county district attorney's office found there was no injury to grant's head or neck. former officer johannes messerly who fired the fatal shot was convicted of involuntary manslaughter, but grant's family wants peroni charged with felony murder. >> we want to set a precedent, set a blueprint, a model of how to start getting convictions for these rogue officers that are killing our people and getting away with state-sponsored and state-sanctioned murder. >> grant's family says 50,000 people have signed the petition demanding that perone be charged. >>> san francisco honored martin luther king jr. today by holding > d we'll also check out a celebration of culture through comics. a local group shares stories created by underrepresented requires. >>> and we've got a wind advisory going into effect tomorrow. we're going to have the latest details on our windy and warm p

s board of directors announced today it supports a felony murder charge against perony. we reached out to the alameda county d.a. for comment but have not heard wack. >>> rough start to the new year in southern california. three people hurt when a stage collapsed at a new year's eve warehouse party. witnesses say 200 people were at the party. san diego firefighters say the balcony was built illegally, too many people were on it, it couldn't support them. the party also violated county health restrictions. >>> it's one of the oldest gay bars in san francisco's castro district and it could be forced to close for good. twin peaks has been in business for 48 years. the owners say being forced to close because of the stay at home order is putting the bar in danger of shutting down completely. they started a gofundme to keep that business afloat. the money raised will go towards paying rent and other poperating costs. >>> first day of the year traditionally brings lots of resolutions along with new laws. nbc bay area's joe rozoto, jr. takes a look at some of the things you sho

now grants family and community leaders say it's peroni is turned to be charged. today. our community says we're not done. we have waited too long as a community as a national and international community to get justice for oscar grant. on thursday, bart board members plan to introduce a resolution calling for the case to be re examined. still ahead a democratic congresswoman now accusing some of her house colleagues of taking people through the capital the day before the riots is part of a reconnaissance tour. also ahead tonight tonight, another social media company has suspended president trump from its platform. how long you two plans to suspend him from its sight? later in sports. the warriors take on the pacers, looking to make it their third win in a row, and the supreme court revives an abortion pill restriction new year's resolutions come and go. so give your business more than resolutions... give it solutions, from comcast business. work more efficiently with fast internet and advanced wifi. make your business safer with powerful cybersecurity solutions. and stay

now grants family and community leaders say it's peroni is turned to be charged. today. our community says we'nd nancy, if you refused to do your job. it is the job of attorney general. but sarah to step up and step in and handle your business and oversee this case, we have waited too long as a community as a national and international community to get justice for oscar grant. on thursday, bart board members plan to introduce a resolution calling for the case to be re examined and for peroni to be charged in the killing. the family of a man who was shot and killed by a napa county sheriff's sergeant is now taking the first steps toward a lawsuit. ktvu crime reporter henry lee tells us the man was unarmed, but the sheriff's office says he kept one arm behind his back. one adrian garcia was celebrating. he had just gotten a second job as a chef. but instead, after a night of drinking, he was shot and killed by a napa county sheriff's sergeant back in october. we're out. the sergeant said he fired because garcia advances him with one arm behind his back during a traffic sto

the officer peroni still walks around free. and i'm not asking a hard thing.ight and that is charged the officer. for his actions that cause my son's death. >>a jury convicted mister lee of manslaughter in grant's death and peroni was ultimately fired by bart after the incident. >>it's 6.27 and coming up still ahead if you live in contra costa county. you could get your covid vaccine at your neighborhood pharmacy will tell you how after the break. >>30 is the time and we're taking a look at more nice weather chhaya today, there's a live look at the tarmac it's dry discover the clear now pretty good out there we've got john trouble with a more detailed look at the forecast on this tuesday and again a look ahead at the rest of the week where things just keep it warm or john yeah guys definitely have a drier trend this week that's the first thing we're noticing and definitely a warmer trend by the end of the week too. >>we'll be in the upper 60's to low 70's as of this morning, it's a cool start we've got some cloud cover overhead a bit of brightness starting to

we condemn peroni is conduct, but we cannot charge him with murder or any other crime 12 years after the death of oscar grant at the hands of bart police officer johannes mehserle e alameda county d nazi o'malley says she won't charge a second officer tony perotta, and the killing my heart hurts on today because 12 years i've been crying out for justice for my son grants family met privately with the d a, and then expressed their frustration afterwards, saying this was justice delayed and denied. but they say they haven't given up. the fight still goes on. that's right. we best done in these bags. as you know, for the last 12 years on that we're not going anywhere. but the deal. appears to have closed the case thrown. he did not commit the murder caught that or the act that caused the death of mr grant. o'malley blasted peroni for his actions leading up to grant's death, but said the former officer can't be prosecuted for murder or any other crime. although ponies conduct was aggressive, utterly unprofessional and disgraceful, it did not rise to the mental state required for murder m

the officer peroni still walks around free. and i'm not asking a hard thing. i'm asking us to do what is right. and that is charged the officer. for his actions that cause my son's death. >>a jury convicted mister lee of manslaughter in grant's death and peroni was fired by bart after the incident. the san francisco police department is mourning the loss of the city's first black police chief earl sanders he joined the department as a young army veteran back in 1964. he was also a founding member of officers for justice which in 1973. filing a discrimination suit against the san francisco police department. sanders was the first police officer to testify in federal court about the racism that he endured in his time in san francisco. sanders was 83 years old. flags are flying at half-staff for an officer killed while protecting lawmakers and now for another who is believed to have died at his own hands while off duty kron four's ella sogomonian has the latest. >>police escorted funeral procession in washington dc on sunday afternoon to honor slain capitol polic

grant's family argues peroni escalated the situation by pinning down grant with a knee to his neck. the d.a.'s office provided abc 7 news with a video statement but did not take any questions from the media. >> although peroni's conduct was aggressive, utterly unprofessional, and disgraceful, it did not rise to the mental state required for murder. >> former officer johannes mehserle was charged with grant's murder. he was eventually convicted of involuntary manslaughter. >>> turning now to the weather, monster waves caused flooding in parts of the bay area. take a look at pacifica this morning. king tides crashing into the coastline. crews were busy cleaning up sand that watched onto streets and sidewalks. the national weather service says tides will reach close to seven feet today and tomorrow. and people are urged to be extra careful when around those powerful waves. and of course we tell you over and over again never turn your back to the ocean because you don't know what's coming. you can get hit, spencer christian. >> that's critical advice, larry. we can't say it often enough

an independent investigation found that peroni used repeated, unreasonable and unnecessary use of force. it states he was in large part responsible for setting the stage even if inadvertent for the shooting of oscar graham. >>> florida is the latest state to report a confirmed case of the new variant of covid-19. state health officials confirm the variant is in a man in his 20s. he lives about 100 miles north of miami. officials say he had no known travel history. earlier this week governor newsom confirmed the variant was found in southern california. it's believed to be quite a bit more contagious. >>> president-elect joe biden and jill biden are urging all americans to get vaccinated for covid-19 when it becomes available. they talk about this during an appearance on dick clark's rocking new year's eve. thanking front line workers for their bravery. >> they did so much. they risked so much. they have done so much for us. we owe them. we owe them. >> we're so grateful for everything they did. you know, they left their families and their homes so that we could be safe. >> i know you bo

a new report claims peroni pinned grant to the ground with his knee and escalated the situation by usingacial slurs. however, alameda county district attorney nancy o'malley announced this week she would not be pursuing charges despite public klpleas from grant's family. >> justice delayed is justice denied, but i think we have an opportunity to go on record with the district attorney. >> we're not experts in the law. it is not up to this board to determine if legal standards of prosecution have been met. that is the role of the district attorney, and we as a board should respect that decision, however difficult that may be. >> grant was shot to death by officer mehserle on new year's day. mehserle was convicted of involuntary manslaughter and served 11 months in jail. >>> more changes to the san francisco retail landscape. a discount department store becomes the latest change to close on market street. >>> plus, this capitol police officer was praised for what might at first look like retreat during the >>> two members of a world health organization team investigating the origins of the

video of the 2009 incident shows peroni leaning atop grant.s to hear from the d.a. today. >>> happening now in merced county, a manhunt is under way after six inmates escaped from the county jail. this is a look at the inmates. manuel allen leone is from vallejo. the sheriff's office says jail staff noticed the inmates were missing from their cells in the downtown jail yesterday morning. it appears just before midnight the inmates got on to the roof and used a homemade rope to scale down the side of the building. >>> 5:40 on your monday morning. looking at the east bay, walnut creek, this morning a clear start across the bay area. meteorologist kari hall is tracking our forecast for the day and for the week. good morning. >> yes. so good morning. we're starting out with fog in some spots, not all of us seeing it. look at the visibility that we have up around napa. only a quarter of a mile, but once again that fog is not very widespread. heading back to the east bay, if you're home schooling and looking for that chance to get outside, if you wa

a new report claims peroni pinned grant to the ground with his knee and escalated the situation usingial slurs. however, alameda county district attorney nancy o'malley announced she wouldn't pursue charges, despite pleas from grant's family. >> justice delayed is justice denied. but i think we have an opportunity to go on record with the district attorney. >> we're not experts in the law. it is not up to this board to determine if legal standards of prosecution have been met. >> grant was shot to death by officer johannes mehserle on new year's day in 2009. mehserle was convicted of involuntary manslaughter and served 11 months in jail. >>> as we move on, we could see record-setting temperatures in the next few days. the next few days. on one hand, it's nice. people were afraid i was contagious. i felt gross. it was kind of a shock after i started cosentyx. four years clear. real people with psoriasis look and feel better with cosentyx. don't use if you're allergic to cosentyx. before starting, get checked for tuberculosis. an increased risk of infections and lowered ability to fight

grande at oakland's fruitvale bart station in 2009 grants family says that fellow officer anthony peroniressively restrained grant before the shooting. and that he should have also been charged. the d a. nancy o'malley reopen the case, then determine there was not enough evidence to pursue murder charges against peroni. the d a cannot file misdemeanor charges against him because the statute of limitations has expired. still to come this noontime preparing for potential threats leading up to inauguration day. what bay area law enforcement agencies and airports are now doing to step up. security plus hospitalizations are through the roof is the new coronavirus surged, grinds it's a new year. and new appliances can welcome family recipes... shorten laundry days... and keep the season fresh. right now, they can also help you save on top appliances like these samsung washers and dryers. now from the home depot. how doers get more done. to be honest...a little dust? it never bothered me. until i found out what it actually was. dust mite droppings? ewww. dead skin cells? gross! so now, i grab m

and today it released a video statement to the media but didn't take any questions. >> although peroni's conduct was aggressive, utterly unprofessional, and disgraceful, it did not rise to the mental state required for murder. >> late this afternoon grant's family expressed disappointment after meeting with the d.a. >> so my heart hurts on today ty because 12 years i've been crying out for justice for my son. it can't be hard to see that he was treated not humanly. it can be hard to hear that a racial epithet was used against him. >> another officer, johannes mehserle, was charged with oscar granted murder, was convicted of involuntary manslaughter. >>> former san francisco police chief earl sanders has died. sanders spent four decades with the department, starting as a beat cop in 1964. he was named chief in 2002, becoming the first black person to hold the job. his two-year tenure, though, was marred by scandal when three off-duty officers got into a fight with two men over a bag of te takeout food. that became known as fajitagate. sanders and nine others were charged with obstruction

video of the 2009 incident shows peroni leaning atop grant. the family expects to hear from the d.a. today. >>> everyone is on dry land after a wild scene in santa cruz yesterday. big waves flipped over several boats throwing a dozen children and others into the ocean. this is video as it happened. santa cruz fire arrived after many of the kids had been pulled from the water. no one was injured. >>> a woman remains missing while a man is in the hospital this morning after being swept into the ocean. the man and woman from redwood city were wearing waders and searching for muscles on the rocks. big waves swept them under. a witness was able to pull the man out of the water but the woman has not been found. a san jose man is missing after being swept into the ocean off point bonita. the man and two friends walking along the bluff when the high surf overtook them. we've been talking about the high surf and dangers. these stories prove how careful you need to be out there. >> yes. especially with the big waves that we had over the weekend. we're s

a newly released case report says there is no evidence to show that anthony peroni personally cause grant's death. the report concluded that perrone neither killed that you honest messily in grants killing. the report says messily was the one who shot grant and is the sole killer you may remember oscar grant an unarmed black man was shot and killed while face down on the fruitvale bart station platform. on new year's day of 2009 his death was captured on cell phone video which went viral has sparked protests and open calling for the officers to be brought to justice nationally was found guilty of manslaughter back in 2010. >>along the peninsula, san mateo county has launched a new drive-thru covid vaccination location. it is part of an effort to speed up the rate of vaccinations for shells clifford has more. >>well here in san mateo county the county has opened up a drive-thru covid-19 vaccination center at the county's events center here in san mateo now the county so far has received about 22,000 doses of the moderna vaccine and they are hoping to get up to 38,000 doses in order to comple

. >> ke cannot prove peroni guilty beyond a reasonable doubt.nd there is not enough evidence to charge him in 2009 and there is not enough now. >> 2,000 people have sign ad petition demanding he be charged. >> he committed murder on that platform and she houb charged -- >> reporter: jr stone, abc7 news. >> abc7 committed to racial and social justice as part of our effort to build a better bay area. abc7 com/take action. >> the banning the sale of gas powered cars by 2027 in effort to combat climate change. the they will do a study to see if the plan is feasible and consider an ordinance that would phase out the sale of 80% of gasoline, diesel and natural gas cars. this wouldn't apply to trucks. the mayor says the timeline is not realistic but is commending the effort. this after govm's effort back in september to ban the sale of new gas-powered cars by 2035. >> the cold snap is being billed as the keurig for all things chilled. ice cream or frozen drinks in under 90 seconds. expected to cost about a thousand. if it worth it for that ice cream? t

a newly released a case report says there is no evidence to show anthony peroni personally caused grant's death. the report concluded the protein neither killed nor. did you have this measure early in grants killing the report says mister lee was the one who shot grant and is the sole killer. you may remember oscar grant was the unarmed black man who was shot and killed while face down on the fruitvale bart platform on new year's day 2009. his death was captured on cell phone video which went viral and sparked protests in oakland. and elsewhere calling for officers to be brought to justice. that's really who you see there was found guilty of manslaughter in 2010. kron four's jonathan mccall following this story for us tonight, we'll have much more coming up. in a larger report tonight on kron 4 news said 9.10. >>coming up tonight on the kron 4 news at a multiple gorillas at the san diego zoo are testing positive for covid-19 it's the first such case. here in the u.s. the latest on the investigation and how it caught. >>plus after a slow start to the vaccine rollout bay area health officia

a newly-released case report says there's no evidence to show anthony peroni personally caused a grandson death. the report concluded he neither killed nor aided you'll hand is masterly in crance killing. the report has really was the one who shot grant and is the sole killer. may remember oscar grant's a black he was shot and killed while laying face down on a train platform. at the fruitvale bart station on new year's day 2009 his death was captured on cell phone video which went viral. and sparks protests in oakland, calling for officers to be brought to justice mayors lee was found guilty of manslaughter back in 2010. and it's out the bookkeeper is charged with stealing more than 1 million dollars from her employer and then faking. and invasion in office invasion an arson to hide her alleged crimes santa clara county's a district attorney's office says 73 year-old janice carlstrom of san jose stole money from saratoga real estate companies office from 2014 through 2019 and use the money to pay off her personal credit cards and hers and her son's home loan accounts when confronted with

prison but grants family along with community leaders and bart board members say fellow officer tony peroniict attorney, did reopen the case. but earlier this week, she said, there's not enough evidence to preserve pursue charges. oh felt like spring today out there we had beautiful, warm, springlike temperatures. i saw that's kind of looking around. just looking at some of the bugs. you know, when it gets warm like this, you get some some hatches going on. and so there are some hatches today, which is more reminiscent of what you might see in the spring instead of january. 14th you know, so as we go into the middle of this month, it's warmer than average. these were the highs from today these numbers were straight up. 10 degrees, toe 15 degrees warmer than the average where they should be. we had a little bit of patchy coastal fog. it's still kind of lingering out there and just patchy. they'll be a little valley fog tomorrow morning as there was this morning we had a dense fog advisory this morning up in the ring county area, then you can see the, uh i guess you can see said rotation that

his family is demanding that felony charges be brought against anthony peroni citing unreasonable and force. it states in large part he was responsible for setting the stage for oscar grant. stwith the xfinity hello 2021 sales event. get powerful internet you can count on... ...and $250 back when you... ...add xfinity mobile with nationwide 5g on the most reliable network. keep in touch with family and friends. stream your favorites with ease. and take your devices to the next level. get xfinity internet and mobile together... ...and say hello to 2021 with $250 back, for a limited time only. this sale won't last, so click, call, or visit a store today! >>> check out the air quality. it's not good for most of us. that's because of the fireworks from last night. you can see we have unhealthy air in many of our neighborhoods this morning. so, that's going to be around for a while. then it will get washed away tonight with a 1 on our storm impact scale. scattered light showers moving into the north bay. >> thank you. >>> another abc7 news update in 25 minutes. you can find us on our abc7