now the jury must decide if smith jr. should face the death penalty. >>> a disturbing picture is emerging of the gunman who opened fire inside a louisiana movie theater on thursday. investigators say 59-year-old john russell houser was an outspoken right wing extremist with a violent past. in the 1990s, he railed against everything from abortion to working women on talk shows. recently he praised hitler and kkk on the message board. his family asked for a protective order in 2008 because of a history of mental issues. based on houser's car parked near the theater exit and disguises found in his motel room, his original plan was to escape. >> the police department is trying to find something that says why did he walk in that theater. >> why he chose lafayette for his rampage remains a mystery. houser killed two women and injured nine others before turning the gun on himself. >>> animal rights activists don't typically hit the fbi's radar but an oakland man and woman were among fbi's most wanted of the two are now arrested

morning, a judge in solano county declared a mistrial in the penalty phase of this case against henry smith jrlast week smith was convicted of shooting officer jim capoot in 2011. today that jury was supposed to begin deciding if he should be sentenced to death. but two jurors told the judge they have to leave town. there are no alternate jurors remaining after a series of issues forced several dismissals earlier in this case of those alternate jurors. so a mistrial means a new jury will have to be selected possibly delaying the decision of sentencing for months. >>> an update now for people on the peninsula who had an e-coli scare with their tap water. preliminary tests show a negative presence of e. coli. sunday residents were notified about possible contamination. even though these newest tests are good news one fire hydrant did show the presence of e co lie. cal water is advising people in the area to continue boiling water or using bottled water. roughly 800 homes and businesses in los altos are affected. >> south del monte, north del monte not affected. important. >>> up next an emotiona

this afternoon, henry smith jr. was convicted of first degree murder for the 2011 shooting of officer general kapoot. he was chasing the bank robber suspect when he turned around and shot him three times. prosecutors are seeking the death penalty. >>> the hr director for san francisco courts is looking into what happened. inside a courtroom yesterday, a party involving a fake female police officer, a whip, and some handcuffs. judge richard cramer is requiring next month. sources tell kpix5 and chronicle insider phil matier a woman showed up in his courtroom yesterday to deliver a singing telegram. she was dressed in a skimpy cop outfit complete with a confederate flag patch. some staffers were uncomfortable and reported it. terry jackson was not happy. she sent an angry e-mail to the rest of the judges today reminding them to behave. >>> an oakland man and woman face domestic terror charges tonight accused of a cross country crime spree. christin ayers reports their apparent motive? helping animals. >> reporter: it

. >>> a mistrial was declared this morning in the penalty phase of henry albert smith, jr. he is the man convicted of killing vallejo police officer jim capoot back in 2011. the trial to determine whether smith should receive the death penalty was supposed to begin this week but one of the jurors is moving out of state. the judge has set a new penalty phase date for august 31. and a new jury will be selected. >>> the nfl has upheld tom brady's four-game suspension. the league rejected the quarterback's appeal today. the nfl says that brady, who grew up in san mateo, not only used footballs that he knew were deflated; he destroyed a cell phone that could have contained evidence. brady's lawyer called it a sham. >>> forget waiting in line. if you want to know when your favorite businesses are the busiest, pretty soon you can just google it. >> plus, runners rejoice tonight apple's plan to update its earbuds. [ yelling ] >> you shouldn't even be on the bus! ! >> harsh words from a muni bus driver to a woman in a >>> a disabled muni rider is demanding justice for the treatment s

. >>> a jury has convicted henry smith jr. of first degree murder with special circumstances for the 2011 killing of jim capu. he was shot as he chased down smith following a bank robbery. deliberations in this trial had to restart twice. just this week, the judge removed a juror for bias against police. after the juror allegedly called a bailiff a thug with a gun. earlier a judge had to be replaced due to a health emergency. prosecutors are seeking the death penalty against smith. >> the mother of the man accused of shooting and killing a hayward police sergeant says she's confident her son will be cleared. hayward police officers packed the courtroom along with estrada's family. estrada's mother says he's not violent. she said she feels badly for the family of the fallen officer. >> i know there is no words that could even touch you know, to help them. and, i mean, i don't have the words, but i really feel for them too. i do. >> police have surveillance video, dna and other evidence proving estrada shot lunger in the head. es

capoot in 2011 the same jury is supposed to decide whether the death penalty should be handed down on smith jr. this morning, two jurors reminded the judge they're planning to go out of town. one of the jurors is moving out of state later this week. and the court has already seated all the alternates in this case. the judge says he will decide tomorrow whether to let the penalty phase proceed or if he'll declare a mistrial. >>> it's a slow road to recovery. we have an update now on several survivors of last month's balcony collapse in berkeley. four of the seven survivors of the collapse have now been moved to a special unit at the santa clara valley medical center. they're working with doctors and specialists at the brain injury and spinal cord center. in a statement released today, the survivors' families praised the staff and they say the children's victories are tiny, including sitting up and breathing on their own. we quote from the release. we obviously share everyone's wish for speedy recoveries but we have found every new week brings more complexity and the road to recovery is far from

murdering a police officer, and the same jury is supposed to decide whether that man, henry albert smith, jrth for the crime, but this morning, two joourors reminded the jung judge they are leaving town one on vacation the other moving out of the state. the court seat the alternate jurors so they will have to declare a mistrial unless they change their plans, meaning impamming a brand new jury starting the penalty phase over again. most legal experts say that's unheard of and could be grounds for appeal. >>> a slow road to recovery several survivors of last month's balcony collapse. four of the seven survivors of the collapse have now been moved to a special unit at the santa clara medical valley center working with doctors and specialists at the brain injury and spinal coward center. in a statement today, the survivors' families praised staff, but their children's victories are tiny ones incoming just silttting up and breathing on their own. quote, we share wishes for speedy recoveries but every week brings more complexity and road to recovery is far from straight. even in the very best of

. >> catherine: the afternoon 41 year-old henry smith jr. found guilty four years ago the jury verdict amounts the second and prosecutors say smith rapped a bake in vallejo got into a high- speed chase and crashed with officer jim that turn into a foot chase to a neighborhood where the veteran of the search was shot and killed by smith prosecutors a will ask for the death penalty. >> catherine: and have square miles have burned in the countryside nearly 7,000 a.. fire only 30 percent contained tonight and what hundred 40 buildings including homes still threatened. firefighters contain enough of the fire to call off the evacuation orders for holes in napa. in the town of winters' t hundred families had believe some are still under evacuation orders tonight. a second fire is burning in nearby on a major stretch of road on the way to lake tahoe the road has been partially reopened tonight and burned more than 200 a.. scott rates and joins us live from the tigers at scott they're hoping to get alt by tonight sometime? >> reporter: they are hoping

last week, henry albert smith, jr. was convicted of all charges and special circumstances for killing the officer. the trial to determine whether smith should receive the death penalty, but the judge declared a mistrial. a new jury will start an august 31. >>> a major water main break on the peninsula and the millions of gallons of water that went with it. >>> coming up, what roger decided. we learned a key new detail about what led to brady's suspension in the first place. >>> federal investigators now say last year's crash of a spaceship was when the pilot unlocked the braking system early. they found no safeties in place. it broke apart ten months ago killing the co-pilot and injurying the pilot. >>> the way khol's gives a discount and they don't sell for original or sale prices. they are mislead into getting bargains that aren't real. they aren't commenting on the lawsuit. promotional pricing happens a lot in the retail industry. >>> tom brady today over deflated footballs he was suspended for four games. commission

in the end zone but one is being upstaged by his toddler, this is what happens every time torrey smith jr. the son of the wide receiver, hears "watch me whip" ♪♪ ♪♪ >> yes this gets good, they are going wildly voirl and the little go just about whips his arm out of his socket but is on beat every single time. the second the song comes up and he is up and jamming. that is really really good. >> thank as alicia. lets get a check of the roads now. >> lets see if matt pellman can do the moves in the traffic centser. >> he has better moves than me. we have problems on the road like a crash on the admiral wilson boulevard eastbound in camden it just cleared out. the lanes are back open but the traffic in them not moving fast. on the other side of the river this is the ben franklin bridge from center city, the bridge is damp we saw the shower come through and the bridge is a little wet and we have the construction in the two right westbound lanes coming outs of camden, in chinatown without ray street right now, because of president obama's visit he'll make his way to rittenhouse in a bit and wat

. --- la semana pasada ''henry smith jr.''ondenado por el asesinato del agente ''jim capoot'' ocurrido en el dos mil once... --- ayer se esperaba que un tribunal empezara a decidir por la pena de muerte pero dos de los miembros dijeron al juez que tenan que salir de la ciudad... --- para este caso no hay jurados suplentes luego que varios de ellos tuvieron que ser retirados del proceso.. lorena facebook lorena-ms --un residente del rea de la baha se prepara para hacer historia... take vo --"simon domnguez", intenta convertirse en la primera persona en nadar desde el puente golden gate hasta "farallon islands", al oeste de san francisco... --"domnguez" oriundo de australia, comenz su travesa anoche cuando salt en las glidas aguas para comenzar el recorrido de 30 millas contra la corriente... --se encuentra a mitad de camino y se espera concluya su hazaÑa esta tarde. alonso-take vo --esta maÑana...la escuela primaria "m-p brown" ser renovada en daly city... --el esfuerzo es parte del "mes del voluntario global", una iniciativa d

this morning, a solano county judge declared a mistrial in the penalty phase against henry smith jr. last week smith was convicted in the shooting of officer jim capoot back in 2011. today that jury was supposed to begin deciding if he should be sentenced to death. but two jurors told the judge they have to leave town. there are no alternate jurors remaining after a serious of issues forced several jurors to be dismissed earlier in this case. so a mistrial means a new jury will have to be selected, possibly delaying the sentencing decision for months. >>> she faced a judge today. the former new york prison employee accused of helping two inmates escape. joyce mitchell appeared in court for her arraignment in morning. she's accused of smuggling tools into the clinton county prison. that escape launched a massive manhunt that lasted more than two weeks. mitchell accepted a plea bargain and pled guilty to first-degree promoting prison contraband and fourth-degree prison facilitation facilitation. >> am i glad one aspect of this matter is over with? definitely. but we're ready to proceed

cesar/vo ---esta maÑana, un juez en el condado de solano declar la anulacin del caso de 'henry smith jr culpable por dispararle al oficial "jim capoot" en el 2011--- ---hoy, se suponia que el jurado tenia que empezar a decidir si deben condenarlo a muerte, pero dos miembros le dijeron al juez que deban salir de la ciudad--- ---la anulacin del juicio significa que tendran que seleccionar un nuevo jurado... posiblemente demorando la decisin--- cesar --un hombre fue arrestado la maÑana del domingo como principal sospechoso de intentar apuÑalar y agredir sexualmente a tres mujeres en casos aislados. vo --las tres victimas sobrevivieron a los ataques, que fueron perpetrados a lo largo de la calle monterey --el sospechoso, cuya identidad no ha sido dada a conocer esta bajo arresto y enfrenta cargos de intento de asesinato, intento de asalto sexual, secuestro, asalto con arma mortal y resistencia al arresto. take vo blanca ---por casi 4 horas...decenas de bomberos de varios departamentos estuvieron combatiendo un incendio de maleza en un rea de entrenamiento de las fuerzas de reserva. ---250 a

henry smith jr. was arrested and charged with the officer's murder. if he is convicted, smith could face the death penalty. >>> an investigation in to a police shooting in the east bay. an officer opened fire on a teenager behind the wheel of a stolen car. >> the bullet holes in the door and windshield give you some sense of the violence in san pablo last night. police say they happened to be checking the plates on this acura sedan and came back as stolen. police say the suspect an underaged boy made a run for it and hit the gas. >> rapidly accelerated directly at the officer who was standing near the intersection outside of his patrol car. the stolen vehicle struck the officer's patrol vehicle. >> witnesses say the officer fired about a half dozen shots. one of the bullets hit the young man. he's now in the hospital in critical condition. he lost control of the car and careened it up on to the sidewalk. >> there was no vehicle pursuit at any time. >> reporter: the officer who fired the shots was hurt and treated at the scene but the extent of his inju

. --- la semana pasada ''henry smith jr.''denado por el asesinato del agente ''jim capoot'' ocurrido en el dos mil once... --- ayer se esperaba que un tribunal empezara a decidir por la pena de muerte pero dos de los miembros dijeron al juez que tenan que salir de la ciudad... --- para este caso no hay jurados suplentes luego que varios de ellos tuvieron que ser retirados del proceso.. lorena comienzan hoy los servicios funebres para el sargento de la policia de hayward scott lunger, quien murio la semana pasada en el cumplimiento de su deber... alonso sus familiares y amigos lo velaran el dia de hoy, pero el publico podra asistir a un masivo servicio de recordacion que se llevara a cabo manana... paola reyes nos acompana en el estudio con los detalles... paola, que podemos esperar? live bug paola on cam que tal buenos dias... los servicios funebres comienzan con un velorio el dia de hoy y continuan manana con un servicio publico en el oracle arena y el sepelio privado... take vo el velorio que estara abierto a familiares y am

the vallejo times herald is reporting a jury convicted henry smith jr. of first degree murder with special circumstances for the 2011 killing of vallejo police officer jim capu. he was shot down while running down smith after a bank robbery. the judge removed a jury for bias against police after the juror allegedly called the bailiff a, quote thug with a gun. earlier a juror had to be replaced because of a health emergency. more details on the story as it unfolds on twitter. >>> the crowds have been nonstop during first week of business at a north bay fast food restaurant with a twist. this drive through is actually good for you. abc 7 news reporter cornell barnard live with the details. cornell? >> reporter: it is a first, the nation's first organic drive through restaurant. amy's restaurant has only been open five days, the place can barely keep up with demand. check this out. the drive through, the line for the drive through been like this all day. 15 to 20 cars waiting in one time, all for a chance to sample healthy organic fast food. >> welcome to am

hours ago, henry albert smith jr. was found guilty after a 2011 bank robbery. that verdict came after deliberations that were plagued with problems. three times the jury asked to begin again. four different jurors were replaced, including one who the judge accused of having a bias against police. prosecutors say they will now seek the death penalty. >>> new at 6:00, a crime exploding in san francisco. car break-ins are up almost 50% in just a year. what's the problem and what's sfpd doing about it? mark matthews is at a notorious crime spot in twin peaks. mark, what's the issue? >> reporter: we're going to hear it from the police in a second. you're right, this is a notorious spot for car break-ins. shattered glass is all over the parking lot. it's not just here. it's happening all over. on the street in front of an upscale restaurant signs warn customers about this. car break-ins which have become a nightly occurrence. >> there's broken glass around the perimeter of the restaurant pretty much all the time. the ones that i know of at least one a night. >> repor

the jury is deliberating the case of albert smith jr., who's accused of killing vallejo police officerim capu following a 2011 bank robbery. the jury initially had to restart after a juror had a medical issue. then a juror was dismissed for hardship. then another for false answers. now, a fourth juror has been dismissed for what's being described as bias against police. there are no more alternates meaning if there are any more jurors dismissed, it would trigger a mistrial. >>> big numbers for a controversial program. today the dmv outlined its new program for issuing driver's licenses to undocumented immigrants. the dmv says more than half of new driver's licenses issued in the first six months of this year went to undocumented immigrants. that's nearly 400,000 driver's licenses. the new law is aimed at making the roads safer in the long run. >> i think they probably already were driving before and with 8060 the whole point is to make our roads safer, so we hope by them having to pass a written, behind-the-wheel test they're now safer drivers. >> the dmv has hired more employees and o

the jury is deliberating the case of henry albert smith, jr. killing vallejo police officer jim capu. yesterday the judge dismissed a juror for what's being described as bias against police. three other jurors were removed from the trial for various reasons, including medical issues. there are no morality nats, meaning that if any more jurors are dismissed it could lead to a mistrial. >>> watch your laptop. police on the peninsula looking for thief all caught on camera. these men walked to a coffee shot.counter, asked about food prices and walked away with pricey technology. each of the men ran up to someone with a laptop, grabbed it and ran off. this happened at a downtown san mateo coffee shop on third avenue. those suspects were last seen driving off in a dark colored four-door sedan. >>> our investigative unit exclusive. thousands of critical medical mistake that could be prevented. experts say every year those mistakes during and after surgery kill more than 100,000 americans. this morning our investigative unit takes a closer look at the

smith will succeed the chief medical examiner dr. roger mitchell, jr. >>> money you retessed your air conditioners -- rested your air conditioners for the past few days. they are going to need a tune- up because they're in for a workout. >> we're in for a scorcher of a weekend. how hot are we talking here? >> we are talking temperatures into the upper 90s, the hottest temperatures so far we've seen this season. those clouds haven't moved all day. temperatures have gotten up to 83 degrees. that dew point is on its way up as well all thanks to that southerly wind that will be more southeasterly for this evening. temperatures across the area 82 for frederick, 81 for gaithersburg, not a bad day at all with clouds around keeping our temperatures below average. now with those southeasterly winds and a small disturbance passing on through for tonight we can see a couple showers through the schenn valley, not going to be a -- shenandoah valley, not going to be a washout. for the most part it's cloudy, dry and noticeably more humid especially first thing tomorr