tonight about the police response to the february beating death of a berkeley hills man. 67 year-old peter suker was killed outside his home on february aekt, beaten witha -- 18th. beaten with a flour pot. dewit's family says he's a paranoid schizophrenic. and the police say they have reviewed the case, and there was no delay in getting to the house. >> reporter: berkeley's police chief defending his department's hamming of a february murder -- handling of a february murder saying there were enough officers to respond to emergencies, and the first call that came in was on a nonemergency line and was put in the cue to be followed up. >> we on had people to answer emergency calls all night long, including this event. to this point, we haven't found anything outside of the norm. >> reporter: the supervisor explained to the crowd how calls are prioritized, and what to tell a dispatcher when you're in an emergency. she describes this case as the perfect storm. >> it's a double tragedy in a way. i think this young man desperately needed treatment and help, and he clearly fell through the system. he di

and peter suker is gone. >> reporter: we're live in berkeley, debra villalon. >>> dozens of people are still evacuated from five buildings at this hour after an apartment fire in berkeley. the fire tore through a building on dwight way. burning for hours and destroying six buildings there. residents of four other buildings can't stay there either. >> reporter: you can see some of the damage here, four surroundings buildings including this one have been yellow tagged. that means residents can't stay here tonight and possibly longer. maintenance workers put up a temporary fencing to avoid passage to the area. >> i have coats and textbooks and stuff. >> reporter: must be tough to be out of your home indefinitely. >> if it's until monday, i'll be restrained. i have some home work to do. >> reporter: these guys are staying at a friend's home but they consider themselves lucky to have escaped without injury. flames and smoke filled the sky. tenants in four surrounding buildings were evacuated. this displaced tenants has his belongings to go to a hotel. >> reporter: fire investigators say the

and peter suker is gone. >> reporter: we're live in berkeley, debra villalon. >>> dozens of people are still evacuated from five buildings at this hour after an apartment fire in berkeley. the fire tore through a building on dwight way. burning for hours and destroying six buildings there. residents of four other buildings can't stay there either. >> reporter: you can see some of the damage here, four surroundings buildings including this one have been yellow tagged. that means residents can't stay here tonight and possibly longer. maintenance workers put up a temporary fencing to avoid passage to the area. >> i have coats and textbooks and stuff. >> reporter: must be tough to be out of your home indefinitely. >> if it's until monday, i'll be restrained. i have some home work to do. >> reporter: these guys are staying at a friend's home but they consider themselves lucky to have escaped without injury. flames and smoke filled the sky. tenants in four surrounding buildings were evacuated. this displaced tenants has his belongings to go to a hotel. >> reporter: fire investigators say the

meanwhile, 67 year old peter suker was killed outside his home really was beaten with a flower pot and the man that is accused of killing him and his family said he is a paranoid schizophrenic. he has been charged in the death. but the case has been suspended so that the record on the into robertson screw can be --so that the report on the mental competency can completed. when some to >> we have a capacity to answer emergency calls all night long including this. >> i think that this young man desperately needed treatment and help and he clearly felt through the system. he did not get what he needed. and peter is gone. it is just a double tragedy >> mark: they said the first call from the home was about a strange man on the concrete came on the ninth emergency line than it was put into a cube the low another caller. and we will be right back at the kron4 morning news continues we have a live look outside on this friday morning at her we will find out if this morning construction will affect traffic and we have a weather forecast. a mouse start at 49 degrees and a high near 70 this after

but the chief says the police response was the right one given what they flew. 67-year-old peter sukerto death 15 minutes after calling a non-emergency police line to report a trespasser in his home. the police chief says reports said his officers were busy monitoring an occupy protest that night are not true. >> if is our responsibility to get out accurate information as quickly as we can and we didn't do a good job and bus of that false information has persisted. >> police responded after suker's wife called 911 to report her husband was being attacked. 23-year-old daniel dewitt has been charged with murder in the case. his parents say he suffers from paranoid schizophrenia. >>> a decision could come today on the key piece of evidence in the domestic violence case against san francisco sheriff ross mirkarimi. a three-judge panel is considering whether a 55-second video can be used as evidence during mirkarimi's trial. the video was taken by a neighbor, showing mirkarimi's wife crying and pointing to this bruise on her arm. also today the trial judge will consider a motion to allow a