explain where is the case goes from here. >> reporter: against the advice of her own attorney, ruben foster's ex-girlfriend took the stand today breaking down in tears multiple times throughout her two hour testimony. she admitted to falsely accusing foster of domestic violence because she wanted to get back at him for breaking up with her. she said i was pissed and i

a thumbs up is all ruben foster gave to the media after a judge dismissed two felony domestic violenceed charges against him. while he may not be talking, foster his ex-girlfriend's attorney is. for the first time since her client admitted she lied that foster beat her so severely he blew out her eardrum, stephanie record is speaking out and is praising the judge's decision. >> i think it was based on facts, both the individual evidence and my client's testimony. >> reporter: she said she made up the story because she was angry after her breakup with foster and that the injuries to her face came from a fight with another female which was caught on video and submitted as evidence. >> we have a scratch on her face which is not consistent with being punched in the face. >> reporter: the santa clara district attorney released a statement saying "we are disappointed in the judge's decision because the evidence demonstrated that mr. foster seriously hurt his girlfriend. recantation is common among domestic violence victims. >> i am very proud of her for coming forward and doing the right thi

delays as a result. >>> also developing right now the domestic violence charges against 49ers star ruben foster have just been dismissed by a judge. >> live with the latest on this, chris. >> reporter: dan and christian, a very big win for foster this afternoon. the 49ers have just released a statement saying he'll have the opportunity to rejoin the team tomorrow.

. >>> major developments against ruben foster, his ex-girlfriend giving new testimony denying the abuse. "kpix 5" discussed floors is live in san jose with more details. jessica? . >>> it was -- >>reporter: it was a dramatic day here. no cameras were allowed and i can tell you ruben foster's ex- girlfriend was crying several times during her testimony. she recanted the domestic violence abuse allegations she said she made the whole thing up to get back at him for breaking up with her. as for the visible signs of injuries across her face and body, she said she got those from a fight with another girl the night before in san francisco. this started on february 11th brick the now ex-girlfriend alyssa and his call police three times to report foster was beating her up and she flagged someone down after she told the passerby her boyfriend broke her phone -- phone and she said in the courtroom i wanted to be extra and i wanted him to go down and she told foster you are not going to have a job tomorrow and she told prosecutors she did not want things to get this far criminally but she wanted t

after months of uncertainty 49ers lean backer ruben foster walked out of court today breathing a sigh of relief. a judge in santa clara county dismissing the domestic violence charges that were brought against him this year citing insufficient evidence. steven clark was in court for the decision. >> the judge wanted to make that statement. this wasn't just because she recanted. it was because her story never made sense in the first place. >> reporter: this after his ex-girlfriend alissa ennis initially told authorities he ha draggedher, punched her 8 to 10 times in the head and locked her out of their home in february. turns out she made it up as part of an extortion plot for breaking up with her. she cried several times during her two hour testimony and blamed her previous injuries on a fight she had with two women in san francisco following a road rage incident. she also admitted to falsely accusing another ex-boyfriend of domestic violence back in 2011 when that man tried to end their relationship. clark says the judge's ruling was based on the totality of the case. >> based on wha

she has recanted her story but kit do says she could be called to testify. >> reporter: ruben foster showed up to court showing up looking more like a college prospect. he hasn't said much publically beyond his plea today of not guilty. the big question now, what will foster's ex-girlfriend stay on the stand? she's recanted her previous story that foster beat her, and now even her own attorney says there's video evidence exonerating foster saying her head injuries happened in a fight with another woman. >> clearly, if she gets on the stand under oath and admits she lied to the police, that is a criminal act and she could be prosecuted for it. the question for her will be is that something she wants to do because she wants to help mr. foster because of what this situation has created for him in his life? >> reporter: foster remains on the 49ers roster but has not been allowed to take part in offseason practice. he's exercising his right to a speedy trial, hoping to be exonerated in time for preseason football. >>> an autopsy performed today on the bodies of two people found in a home n

explain where is the case goes from here. >> reporter: against the advice of her own attorney, ruben foster's ex-girlfriend took the stand today breaking down in tears multiple times throughout her two hour testimony. she admitted to falsely accusing foster of domestic violence because she wanted to get back at him for breaking up with her. she said i was pissed and i wanted to end him. the testimony seemed to be credible. >> this was obviously a person that is very troubled. has a lot of issues and that played out today in this courtroom and it was very painful to watch. >> reporter: on february 11, sheriff's deputies were called out to his home aftereceiving three 911 calls from ennis who said foster punched her ten times. while testifying she said she made the story up and was injured the night before during a fight with another woman during a road rage incident. ennis testified she tried to bring false domestic violence charges against another boyfriend in 2011 when that man tried to break up with her. addressing her initial accusations, she said i didn't think it would get this far. she

. >>> 6:05. 49ers linebacker ruben foster is expected in court. say day after charges surfaced in his domestic violence case. the sacramento bee is reporting foster is now facing animal cruelty charges. investigators say that he threw a dog across the room of his los gatos home. his alleged victim told police that the dog was not hurt and also reportedly told police foster hit her hard but not that hard. innis preently reversed her story saying foster never hurt her and her wounds from a previous fight with a woman. he is suspended until his case is resolved. >>> this morning the investigation continues after a tragic crash in san lorenzo, an ambulance as you see here ended up on its side after colliding with an audi. 74-year-old woman being transported died. two para medics and firefighter are also hurt. the accident happened at the intersection of lewelling. >>> it is 6:06. new this morning a story that impacts all of us, a brand-new story finds a major spike in the number of pedestrians hit and killed by cars. "today in the bay's" bob redell joi

. >> the lawyers for ruben foster did not attendant court. this was video from a previous hearing. his lawyer wanted his girlfriend's medical records from the prosecution. the girlfriend has since recanted her story that ruben foster beat her, instead blaming the injuries on a fight with another woman during a road rage incident. >> 18 months after the deadly blaze, a judge dismissed charges. the attorneys argue that alameda county that's the never found the cause of the fire and therefore, can't say that their clients were negligent. the defense attorney also blamed the d.a.'s office for destroying evidence. >> i am rae disappointed that the motion was dismissed. i don't think that's right. this whole thing, i don't feel that it is just. 36 people died in that fire. the trial had start in july. >>> controversy about what was spoken behind closed doors. . say the criticism of senator john mccain crossed the line. the white house isn't denying it happened. during the opposition to the cia nominee, the communications aide kelly sadler, seen there, mocked mccain and his battle with br

ruben foster may learn his fate in the felony domestic violence case as it goes to trial. now a judge today is expected to make a final ruling. police in los gatos arrested him in february. his girlfriend at the time claimed foster dragged her and punched her in the head at least eight times. last week on the witness stand she said she made the whole thing up. foster still faces a separate marijuana charge. he's suspended from team activities. >>> a follow-up to a story we told you about yesterday. want you to take a look at your tv screen. do you recognize this man here? concord police are hoping these new pictures will help track down the man who attacked a 93-year-old woman and stole a purse. this is from surveillance cameras inside the bank of america at the sun valley mall. that assault happened outside of that bank minutes later ann peterson broke her hip during that attack. >>> rallying to save their teacher. tonight heritage high school students will fight to keep a well liked teacher from being transferred to another school. here's a back story on this. history te

explain where is the case goes from here. >> reporter: against the advice of her own attorney, ruben foster's ex-girlfriend took the stand today breaking down in tears multiple times throughout her two hour testimony. she admitted to falsely accusing foster of domestic violence because she wanted to get back at him for breaking up with her. she said i was pissed and i wanted to end him. the testimony seemed to be credible. >> this was obviously a person that is very troubled. has a lot of issues and that played out today in this courtroom and it was very painful to watch. >> reporter: on february 11, sheriff's deputies were called out to his home after receiving three 911 calls from ennis who said foster punched her ten times. while testifying she said she made the story up and injured the night before during a fight with another woman during a road rage incident. ennis testified she tried to bring false domestic violence charges against another boyfriend in 2011 when that man tried to break up with her. addressing her initial accusations, she said i didn't think it would get this far. she wo

particularly when we are dealing with the life of another human being.yes..ruben foster was been chargedh somoking marijuana in alaabama...illegal in that state.....but thats a far cry from domestic violencae....all patrties are back in court next week....for what appears to be the dropping of the case.....all the colums..the tweets...and comentarting when the story first broke,,,,,it wilk be intersting how many people come out now and adnmit they jumped the gun......the giant story next hour (grant) new tonight at nine... normally stanley roberts has to go looking for people behaving badly.... (vicki) but for the last dozen years, there is one iconic event where people actually line up to parade past him... .. welcome to bay to breakers kim jong un reporting live uh by the porta potties were you urinating on the dmv building (no) that's against the law if you are new to san francisco, stanley, stanley permit me to introduce you to the largest moving street party west of the mississippiplease i need it i'm diabetic, here's the deal i need the beer, i need the beer. i need the alcohol we

. >>> the woman who accused ruben foster of domestic violence has recanted her statement. she said she wanted to ruin his career. she accused him of beating her. - - she accused him of beating her. now she said that she lied. prosecutors maintain the new story is the life. but a legal analyst found her testimony convincing. >> it is unusual to see a victim say that they completely lied to the police. the das office will have to think about whether or not they can move forward. >> the judge plans to issue a ruling next week. 49ers say foster is not allowed at team events until he is cleared of the crime. >>> san jose police are looking for a pair of suspects after a man and woman were found shot to death. police say a passing motorist spotted bodies in the road. the man and woman both were suffering gunshot wounds. investigators are now working to determine a motive. >> who were they there with? who were they supposed to meet? was this random? it is all still to be determined. >> it is the second and third homicide this week and the fourth in the last 11 days and following

. >> 49ers linebacker ruben foster's domestic violence case continues today. he was accused of attacking his girlfriend in feb. she recanted her account. he is also charged with having an assault weapon and suspended from team activities as this case plays out. >>> parents at a san francisco middle school are stunned. san francisco unified posted this letter to parents on the website. it says a teacher at westboro middle school is accused of having inappropriate sexual relations with students during school hours. the investigation began after reports of sex crimes reporting 39-year-old joseph toy. police arrested him yesterday morning but they are not releasing his mug shot to us just yet. toy is now on administrative leave. >>> if you have live in oakland, you may be concerned about a new sf chronicle report since the start of may the fire department is not doing any commercial fire inspections, that includes apartment buildings and restaurants and warehouses. inspections in oakland are under microscope since the deadly ghost ship fire in 2016. city leaders s

in the south bay embattled 49 ruben foster will be back in court on wednesday. a judge is expected to decide whether his domestic violence case will go to trial after foster's accuser recant the her story. also the b.a.r.t. to antioch expansion will be in service starting friday. a traffic warning for you, a three-day bottle rock music festival is set to begin on friday. >>> it is 4:52 right now. you might have been hearing a lot about supreme court justice ruth bad ginsburg. she'll receive the henry j. friendly medal today. the henry j. friendly model recognizes contributions to law. >> and coming up on "today in the bay," bay to breakers winners. >> but first, little known laws can save consumers big money. >> and consumer investigative chris chmura brings one into focus for us. >> here's a federal protection contact wearers know about, you don't have to buy your lenses in the same office that gives you the exam. the federal trade commission requires the doctor to give you your prescription. you can take it other places to shop around for the best price. send

question ever since elissa ennis took the stand and recanted her story that 49ers linebacker, ruben foster, punched her in the head. when we asked of the da was charging her with perjury they released a statement saying "we don't charge domestic violence victims who falsely recant." >> they are saying we have no intention of prosecuting someone under these circumstances. >> reporter: the da's office is more concerned about how this impacts domestic violence victims who are worried about reporting crimes. >> the general issue of we want people to come forward, we don't want them to hide in the shadows because this is a dynamic crime that has a lot of components to it, that is what i think they are saying. >> reporter: 49ers told the judge he made it out because she was mad at foster. yesterday the judge dropped the charges against the linebacker. elissa ennis reep recanted two days after reporting against foster but he was prosecuted anyway. >> i am proud of her for coming forward to do the right thing. i think it is one of those things that domestic violence is real, it does happen. unfort

. >> 49ers ruben foster can return to the team after a judge dismissed dough megs tick charges againstm. abc7 news was in san jose as foster walked out of court this afternoon. he did not comment but gave a thumbs up as you see. foster's ex-girlfriend recanted her story saying she had wanted to ruin his career after he broke up with her. he still faces a misdemeanor gun charge. >> sky 7 flew above san francisco's north beach after a fire broke out aboard a double dekker tour bus. it only took a few minutes for crews to put out the fire along columbus avenue. tua adults are expected to be okay after breathing in smoke. >> two fishermen were arrested near the benicia port after their bone began taking on water and sanking this afternoon. a chp helicopter happened or in the air nearby and responded. the two fishermen were pulled to safety. they were not hurt. the chp says the boat will be recovered at high tide. >> still ahead, spencer christian's secret addiction and his big wake up call. >> i knew that i was living a lie. >> what halftimely made him come clean. spencer tells all to abc'

. >> the 49ers will practice tomorrow and ruben foster is expected to be on the field. a judge tossing out domestic violence charges against him this afternoon. foster gave a quick thumb's up as he left the santa clara hall of justice today. there's a lack of evidence against foster. last week, his ex-girlfriend testified that she made up the story that foster beat ler. the d.a.'s office released a statement that read in part, we are disappointed in the judge's decision. we are disappointed because the evidence demonstrated that mr. foster seriously hurt his girl friend. foster still faces a charge of posessing an illegalfirearm. >> a chaotic scene in the oakland hills this afternoon. a car without plates ignored officers requests to stop and instead rammed one of the patrol coors. our nbc chopper is ahead. no one was hurt thankfully. the impact of the crash caused the suspect's vehicle to crash in a creek. the driver then dumped out and pled on foot. he's still on the loose. investigators say a passenger in the car was detained and told police he didn't know that that

and the gm also added that ruben foster's place on the team must continue to be earned. reporting live in san jose, marianne favro, nbc bay area news. >> thank you, marianne. we septembnting sent out a brea alert moments after the announcement. >>> a 93-year-old east bay woman knocked down by a purse snatcher has a message for her attacker tonight. police are hoping these pictures will help down -- track down the man. peterson's son sent us a cell phone video from the woman's hospital bed. >> i think, and i do believe that god will take care of people who steal. >> we wish peterson a speedy recovery. if you recognize this man, please call concord police. >>> kneeling for the american flag isn't just a protest for nfl, but for a local high school. tonight students will stand up for a teacher. snapchat video shows that teacher kneeling during a raising of the flag. soon after this video hit social media, rust found out he was being transferred. jodi hernandez joins us in brentwood with what the students plan to do tonight, jodi? >> reporter: raj, here students are making s

. >>> san francisco 49ers linebacker ruben foster just pleaded not guilty to felony domestic violencecharges. he was back in a san jose courtroom this morning, in a case related to his february arrest for allegedly beating up his former girlfriend. a woman has since recanted her claims but the case continues to move forward. foster is also charged with forcefully attempting to prevent a victim from reporting a crime and possession an assault weapon. both our families and he is due back in court on may 17 at >>> within the last hour presidential delivered his much- anticipated decision, saying the u.s. will walk away from the ironic nuclear deal. we have more from the white house. >> reporter: president trump is making good on a campaign promise, announcing tuesday he is tearing up the deal restricting iran's nuclear program. >> the fact is, this was a horrible, one-sided deal that you have never, ever been made. >> reporter: he laid out some of the reasons he is walking away from the 2015 agreement. the u.s. and other rural powers brokered with iran. >> not only does the deal fail to

. >> 49ers ruben foster can return to the team after a judge dismissed dough megs tick charges against him. abc7 news was in san jose as foster walked out of court this afternoon. he did not comment but gave a thumbs up as you see. foster's ex-girlfriend recanted her story saying she had wanted to ruin his career after he broke up with her. he still faces a misdemeanor gun charge. >> sky 7 flew above san francisco's north beach after a fire broke out aboard a double dekker tour bus. it only took a few minutes for crews to put out the fire along columbus avenue. tua adults are expected to be okay after breathing in smoke. >> two fishermen were arrested near the benicia port after their bone began taking on water and sanking this afternoon. a chp helicopter happened or in the air nearby and responded. the two fishermen were pulled to safety. they were not hurt. the chp says the boat will be recovered at high tide. >> still ahead, spencer christian's secret addiction and his big wake up call. >> i knew that i was living a lie. >> what halftimely made him come clean. spencer tells all to a

. >> ennis also admitted to stealing some items out of ruben foster's home, but foster likely won't press charges because he's looking to put this whole thing behind him. kit do, kpix 5. >>> the two suspects in the ghost ship trial are at odds in when their trial should start. they both first six counts of involuntary manslaughter for the 2016 warehouse fire. today at a hearing in oakland, harris's attorney asked the judge to delay the start of their joint trial so he'd have more time to prepare. >> we need a couple more months. from our perspective, if mr. harris has to sit in jail and be uncomfortable for that time, it's unfortunate but it's worth it. it's an investment that will pay off. >> the longer you postpone it, the more they will suffer. the more they'll be deteriorating. >> except for when to start, the lawyers say they agree on everything else. if convicted, both men face up to 39 years in prison. >>> the father accused of torturing his ten children is now facing sex crime charges. police say 29-year-old jonathan allen water boarded and punched his children at their home. as o

. >>> in san jose explosive statements today from former girlfriend of 49ers linebacker ruben foster his hearing. foster faces charges of domestic violence. abc 7 reporter chris wynn explaining where the case goes from here. >> reporter: took the stand today in hez preliminary hearing breaking down in tears multiple times throughout her two hof hour testimony. she had admitted to falsely accusing foster of domestic violence because she wanted to get back at him for breaking up with her. on the stand she said i was pissed and i wanted to end it with him. >> this is obviously a person that is very troubled, has a lot of issues, and that played out today in this courtroom and it was very painful to watch. >> reporter: on february 11th sheriff's deputies were called out to his home after receiving three 911 calls from ennis who said foster punched her ten times rupturing one of her eardrums. while testifying she made the whole story up she said and was actually injured the night before following a road rage incident in san francisco. >> it came off raw and organic on the stand. >> report

but again a judge just dropped the domestic violence charge against ruben foster. -- reuben foster. >>> aimed at addressing the controversial national anthem protest. this new policy allows for players, gives them the option of staying in the locker room during the star spangled banner but says they have to stand if they come out and are on the field. >> jill fonzi with how the owners and commissioner reacted -- joe fonzi with how the commi reacted. >> traditionally an and other events that happen between the white lines, sometimes about ownership issues like last year's approval of the raider move to las vegas. this week's meetings were about an issue that last season grabbed the national spotlight. it started as a relatively unnoticed 1-man protest two seasons ago, colin kaepernick's decision to take a knee during the national anthem sparked emotion on both sides of the flag versus patriotism issue. the movement grew. the weekend after the president made comments in alabama referring to nfl players as s.o.b.s, owners and players alike felt they had to express different forms of team

. >> the domestic violence charges against 49ers linebacker ruben foster have been dismissed by a judge. >> reporter: a judge in santa clara county dismissing the domestic violence charges brought against him earlier this year, citing insufficient evidence. this after his previous girlfriend told authorities he dragged her by her hair, punched her and locked her out of the house. she admitted in court last week, she made the story up as part of an extortion plot to get back at foster for breaking up with her. the district attorney's office says they're disappointed in today's ruling but stands by the evidence the prosecutor presented to the court. we move forward on cases when victims falsely recant much we know if we don't, more victims will be hurt. our commitment to domestic survivors is unwavering. the judge's ruling was based on the totality of the case. >> based on what she said and the other forensic evidence available to the court. there was not enough evidence and it was not consistent with what her initial statements were. >> foster faces a misdemeanor weapons charge. john lyn

. >> the 49ers ruben foster is still facing domestic violence charges involving his former girlfriend, even though she says foster didn't do it. he was supposed to enter a plea today, but prosecutors want more time to view a video that would affect the case. >> the linebacker was due in court to enter a plea for charges of domestic violence. in court, however, there was a request to continue the case for another week at the request of the district attorney's office. >> they are continuing to review the videotape that was provided to them. and i am willing to abide by their request. >> the videotape apparently was provided by attorney general stephanie ricard seen here at the hearing. sh erepresents foster's former girlfriend. she originally accused foster of assaulting her in february but last week she recanted her story. after the hear, the prosecutor would not discuss what's on the video. >> there was a video submitted to the people. it would be inappropriate to comment on the evidence other than in the courtroom. >> it has been suggested the video shows foster's girlfriend in a fig

. >>> a woman accused ruben foster of domestic violence. but she recanted her story and provided vivid detail saying she was angry about the breakup and wanted to bring his career to an end. courtroom observers found the testimony convincing and expect this case to be dropped. >> she left the hall of justice and under direct examination and against the advice of her lawyer, she said that she lied when she called 911 in february. she reported that foster had beaten her and thrown her out of the home. and she said i was angry and wanted to ruin his career and i wanted to and him. >> it was very unusual to see a victim on the stand completely saying that they lied to the police. the da office is going to have a lot to think about as far as whether or not they can move forward at this point. >> foster was a highly touted draft pick that was poised to be a key player. she testified that she got in a fight with a pair of women in san francisco the night before on february 10th. she was disgusted and she brought their dating relationship to an end

. >>> ruben foster was in court today and pleaded not guilty to charges that he physically assaulted his ex-girlfriend back in february. in court, attorneys for foster said they were affirming the right for a speedy trial. that means the preliminary hearing will happen in the next 10 days. -- he was accused of dragging his girlfriend out of his home and smashed her cell phone to keep her from calling 91. this legal expert says that both the prosecution and defense want her to testify. >> it she gets under stand under oath and admits she lied to the police, that is a criminal act and she could be prosecuted for it. but they are going to look at the evidence from the medical exam, the witness, and the 911 call and they may seek to impeach what she says on the stand and says the story she told initially is the more believable of the two stories. >> depending on what happens, his future with the 49ers is at stake. >>> the santa clara board of supervisors is one step closer to banning the sale of guns and ammunition on the property. the ordinance would effectively ban the gun shows. there

proves to a jury that ruben foster is guilty of domestic violence, not after ennis tearfully testified that she lied, lied to police and her family about foster beating her up after he broke up with ennis. quote, i wanted to kill him. i was so hurt, said ennis in court. she also said she wanted foster's money and wanted to end his career by accusing him of beating her up. >> what you're doing here is subjecting yourself to criminal punishment. but she's saying it's more important to set the record straight and not harm mr. foster's career, i will take the blame for what i have done. >> reporter: the prosecutor insisted ennis is the victim, showing photos of ennis and saying she suffered a ruptured e eardrum. ennis testified she was injured the night before. and they were not consistent with a woman being punched ten times with a closed fist by a football player. >> this couldn't have gone better for the defense today. mr. foster plays on defense, but his defense team went on offense. >> reporter: and today's hearing, like every preliminary hearing was only in front of a judge, no jury.

players in recent years, you are probably in minority if you question the guilt of 49ers linebacker ruben fosterarned heinous details from february. turns out, foster's ex-girlfriend alyssa ennis said she made it up after foster ended the relationship. she stole a couple of ro lesm watches from him and money an pinned a violent felony because she said i was full of rage, i wanted to end im, i wanted to ruin his career, told the court, i'm sorry, i am, i apologize to everyone and ennis told police that foster hit her and threw her dog across the room. in court she confessed she made it all up. how fed up is baltimore orioles, watch this. 3-run home run. wow. jared: hockey in dc, pretty back-hand pass in second, gets the capitals all tied up. third period would go in front and beat the capitals 4 to 2. gerri: i love hockey. so much fun, so much fun when you're there live. jared: especially the temperature, no expert better in person than hockey comparison. cheryl: jared max, fox news headlines 24/7, siriusxm 115. gerri: coming up crude hitting 08, yes, 8-$0 a barrel. will the gains continue, react

. >>> the woman who accused linebacker ruben foster has taken back her statement.ose courtroom yesterday and said she wanted to ruin foster's career. back in february, the 28-year-old accused foster of beating her, under oath, she says she lied because she was mad about a break a. prosecutors maintained this story is the actual live. judges will issue -- is the actual lie. judges will review the case at issue a decision next week. >>> there is a swap and drop events taking place in a parking lot on campus. staff will be on hand and goodwill will be there also. the goal is to reduce illegal dumping around the neighborhood. they say they will take anything and find ways to get recycled and reused. >> we will take anything, cultures, planters, food they no longer need, -- couches, planters, food they no longer need, anything. >>> good night stores for rebel girls will become an audiobook recorded by celebrities. it started from a kick starter campaign. it was published in 2017 and became a new york times bestseller. the audiobook will be released june 19. >>> coca-col

ruben foster the 49ers linebacker just walked out of a santa clara courtroom after pleading not guiltycharges of domestic violence after his exgirlfriend said foster attacked at their home. but later changed her story saying foster never hit her and that she was angry because she thought he was dumping her. foster pleaded not guilty this morning. his lawyers asked prosecutors for records in the case. both foster's lawyers and the district attorney will be back in court on friday. foster will be back in court a week from thursday. >>> in hawaii, at least 21 homes have been destroyed by the molten lava from the kilauea volcano. almost 1,700 people were evacuated. yesterdaysome of them were able to get back home for medication and important documents. scientists still can't predict when the lava flow might stop or how far it might spread. >>> a san jose police officer is filing a claim against the city of san jose saying he suffered years of harassment. officer nabil hadar is a lebanese american. he says he endured racial taunts since joining the police department and was called nicknames

embattled ruben foster is going to be back in court.>> an usually cool finish to the weekend. a high of only 67 in san jose. tomorrow we get back into the 70s, but that change won't last long. as we check chance of some spring showers headed back into the seven-day forecast. a look at that when we come right back. only one candidate for governor brought business and labor together to expand career training and apprenticeships, invested in transportation and helped create over 200,000 living wage jobs. antonio villaraigosa for governor. over 200,000 living wage jobs. he's been called a rockstar lwinning pro bono battles for immigrants and the homeless. defending gay rights and gun control. democrat jeff bleich. after columbine, bleich led president clinton's youth violence initiative. with joe biden, bleich took on domestic violence. served president obama as special counsel and ambassador. maybe bleich can't pull off the rockstar look... but his progressive record is solid gold. you know at the heart of what mayor villaraigosa is doing

. >>> a plea hearing for ruben foster was delayed until next week. the delete was granted this morning after a santa clara das office asked for more time to review video evidence. foster's ex-girlfriend accused him of punching her and rupturing her eardrum. she now claimed she made up the allegations and said she was in a fight with another woman. video from that fight has been handed over to the das office. >> it is important to keep in mind that sadly, too often, victims of domestic violence for a host of reasons choose not to cooperate with the process that holds their abuser accountable. notwithstanding that, if the evidence independent of a victim is compelling, it is a prosecutions duty to seek justice. 2 foster is facing three felony accounts including domestic violence, a misdemeanor charge for possession of a large capacity ammunition magazine was dropped today. he is said to be back in court next tuesday. >>> albany police are asking for the public's help tonight if they investigate the first homicide in the city in three years. it happened

. >>> and, we sit down without legal analyst, michael cardoza, to discuss charges against ruben fostershe lied when he kissing him of assault. (sound of footsteps) (sound of car door opening) (car door closes) (sound of engine starting) ♪ ♪ marshall tuck will change that. in california, 3 million kids can't read at grade level. tuck turned around struggling schools, raising graduation rates over 60%. marshall tuck for state superintendent. marshall tuck. (sound of footsteps) (sound of car door opening) (car door closes) (sound of engine starting) those shootings involved the death of mario woods in 2015, more pat in 2016 point in both cases the man had knives and he said he could not prove the officers did not act in self- defense. he did say, he was disappointed in the law. we are joined by michael cardoza. michael, do you agree with the decision? >> i do. kudos to the das office. i know he was wanting to go after the officers. you may be right. you see one of them the man walked away with a knife. see under the law, the way the law reads out, if the officers acted reasonably, though

. >>> ruben foster said he is not guilty and preliminary is set for may 17th. foster is facing domestic and assault rifle charges after a reported altercation with his ex girlfriend. the alleged victim has changed her story since initially speaking with responders -- with the sheriff's department and los gatos police officers. foster is suspended from team activities until his case is resolved. >>> happening now, the uc medical worker strike still going on. unions representing services works, and today some nurses and technical workers joined in. they want a 10% way raise over the next five years and they want to feel dignified. >> it is not about money. it is about being noticeable because we feel like we just -- we have been left behind and nobody cares for us and we're fighting for equality. >> it is not a percentage, it is a liveable wage. in this economy in the bay area, it is being comfortable and not having to work two jobs like a lot of people here do. you leave work and go to work. >> for people needing medical care, the strike has delayed 12,000 on a

. >> 49ers line baker ruben foster's domestic violence case continues in san jose. you may remember foster is accused of attacking his former girlfriend in february. although she recanted her claims against fost are, she may still testify at the preliminary hearing. he is suspended from team activities as the case plays out. >>> 5:36, a teacher is facing disturbing charges, parents at the south san francisco middle school say they are stunned. south san francisco unified posted this letter to parents on their website. it says a teacher at westborough is accused of having inappropriate sexual relations with students during school hours. investigation began last month after reports of sex crimes involving 39-year-old joseph toy. police arrested him yesterday morning. but they didn't give us his mug shot yet. toi is on administrative leave. >>> if you live in oakland, you may be concerned about a new sf chronicle report. since may the department is not doing commercial fire inspections, that includes apartment buildings and warehouses and restaurants, they are under th

a potentially big day in court for one of the 49ers top players, ruben foster may learn if his felony domestic violence case will go to trial. a judge today is expected to make a final ruling. police in los gatos arrested foster in february. his girlfriend at the time claimed foster dragged her and punched her in the head at least eight times. last week on the witness stand she said she made the whole thing up. foster still faces a separate marijuana charge. he is suspended from team activity. >> a follow-up to a story we told you about yesterday. do you recognize this man? concord police are hoping these new pictures will help track down a man who attacked a 93-year-old woman and stole her purse. this is from a surveillance camera inside the bank of america that is over by sun valley mall. the assault happened outside the bank just minutes later and ann peterson she broke her hip during the attack. >>> right now at 5:02, we're bringing b.a.r.t. to livermore, an idea we've been talking you about for years now. tomorrow we could learn the fate of the proposal. the board of directors ex

. >> it is 6:35. 49ers linebacker ruben foster's domestic violence case continues in san jose.oflter is accused of attacking his former girlfriend in february. although she recanted her claims against foster, she may still testify under oath at today's preliminary hearing. he is charged with having an assault weapon and suspended from the time as the case plays out. >> if you live in oakland you may be concerned about a new sf chronicle report since the start of may, fire department not doing any commercial fire inspections. that includes apartment buildings and restaurants and warehouses, inspections in oakland are under microscope since the deadly ghost ship fire in 2016. city leaders say the program is as you say spendsed until the department can change over to a new software system. >>> if a crime happens on a college campus, you may not hear about it. that's what a new state audit says. sf gate is reporting several public and private california colleges are not complying with a federal law requiring them to disclose crimes at or near campus. one example berkeley city colle

>> next week a santa clara county judge will decide whether the domestic violence case against ruben foster will go to testified she falsely accused him of hitting her. she did it because she wanted to get back at him for breaking up with her. she claimed there was an extortion ploy that got out of control. she says her injuries were sustained the night before during a fight with a woman following a road rage ichbs depth. she admitted to stealing more than $8,000 and two rolex watches when she left his home. legal analyst stephen clark says her testimony seemed to be credible. >> her getting on the stand over her lawyer's objection and telling her story suggests that this case is not prosecutable for the d.a.'s office. >> ennis also admitted she tried to bring false domestic violence charges against another ex-boyfriend in 2011 when that man tried to break up with her. >>> more office space could be coming to west field mall. the chronicle reporting there are plans to renovate the 7th and 8th floors totaling 50,000 square feet of office space. it would add three terraces with views of cable

(ken) then the late afternoon court decision for 49er player ruben foster.t for the football linebacker...(pam) and video just in from s-f-o... where a plane loaded with passengers, collided with a concrete post. the news continues at on kron 4 news at six ... in 70 seconds. (pam) tonight at 6. bart is responding to this photograph -- captured by a station agent in the east bay -- that she says shows.... two people using drugs in a bart elevator. thank you for joining us, i'm pam moore.(ken) and i'm ken wayne. bart riders are now speaking up... saying they too have seen needles at bart stations around the bay area. kron4's terisa estacio is at the station where the agent took the incriminating picture. the station agent says she found this as she was getting ready for her shift at the concord bart station. the image showing two men using drugs inside an elevator in the parking garage. it was in the morning around 4:30 just

san francisco 49ers ruben foster will be in court later today and learn if he'll go to trial.he proposed billion dollar push into livermore. i'm marcus washington, more news in an hour. ♪ ♪ it's 8:00 on "today." coming up from intern to boss. stacy cunningham is the first woman to become president of the new york stock exange. >> what does this mean f male-dominated industry? we'll hear from her. >>> plus, royal debut. prince harry and meghan markle step out for the first time as husband and wife, as the photographer behind those breathtaking wedding photos tell us what went on behind the scene. >> they were loving each other and laughing. it was a beautiful moment. >>> and moves like j. lo. hoda and i put our dancing skills to the test, with a little help from superstar jennifer lopez. >> what's that? what is that? what that is. >> did we have what it takes? you're about to find out, today, wednesday, may 23rd, 2018. ♪ >> all the way from texas. >> happy birthday, christine. >> on a once-in-a-lifetime mother/son trip from washington state. go, cougs. >> we're from nashville,

it has been made clear to ruben that his place on this team is one that must continue to be earned. we will continue to monitor the remaining misdemeanor charge. foster returns to court on june 6th. >>> the nfl has decided to penalize teams if players kneel during the national anthem, which all started of course here in the bay area during the 2016 season. 49ers quarterback colin kaepernick started to kneel. he called it an act of social conscience to protest the killing of unarmed black men by police. critics called kneeling an insult to the flag and veterans of armed forces. the new nfl policy was approved by all of the teams except the niners. owner jed york abstained. >> i think there's so much more to it than just a player standing or a team employee standing. we want to take a broader approach. >> under new policy, any player who comes onto the field during the anthem must stand, otherwise the team will be fined. players do have the option of staying in the locker room, however. >>> happening tonight, students from heritage high school in brentwood plan to protest the transfer of this teacher who has kneeled while rotc students raised the campu

it has been made clear to ruben that his place on this team is one that must continue to be earned. we will continue to monitor the remaining misdemeanor charge. foster returns to court on june 6th. >>> the nfl has decided to penalize teams if players kneel during the national anthem, which all started of course here in the bay area during the 2016 season. 49ers quarterback colin kaepernick started to kneel. he called it an act of social conscience to protest the killing of unarmed black men by police. critics called kneeling an insult to the flag and veterans of armed forces. the new nfl policy was approved by all of the teams except the niners. owner jed york abstained. >> i think there's so much more to it than just a player standing or a team employee standing. we want to take a broader approach. >> under new policy, any player who comes onto the field during the anthem must stand, otherwise the team will be fined. players do have the option of staying in the locker room, however. >>> happening tonight, students from heritage high school in brentwood plan to protest the transfer of this teacher who has kneeled while rotc students raised the campu