now, his family also says toliver is no longer in describe mario toliver as armed and dangerous >> we have not recovered the firearm, so that is a concern for law enforcement and our community as well. >> he's five feet five inches tall, 140 pounds with dark hair, brown eyes. police say he shot his sister, 17-year-old justice toliver inside of the apartment they shared with their grandmother on franklin street. surveillance cameras caught toliver walking down the hallway on the fifth floor with a gun, then used this emergency exit leading to franklin street. a cousin told abc7 news the two argued over how she was bleaching his clothes. thomas is the building property manager. >> this doesn't make sense for me. if that would be the reason to cause this issue that, is crazy. >> the victim worked that the mcdonalds restaurant on market street. justice toliver had a 3-year-old daughter. last night, family members trying to convince the 14-year-old to turn himself in. >> we love you. we're hurting just like you're hurting. please do the right thing. >> police say the boy's family has been

mario toliver jr. turned himself in today. kron4's scott rates is live in oakland tonight with this new development. scott? >> pam: i just spoke to one of the detectives working the case, he tells me when 14-year-old mario toliver jr turned him self in here at the police station that he was accompanied by his family and his attorney. and he somewhat upset, but more stoic. >> reporter:the search for the suspect in the shooting death 17-year-old justice toliver is wednesday afternoon when police say the young mothers brother 14-year-old mario toliver jr turned himself in to authorities >> reporter:kron 4 first told you about the shooting as it happened last thursday it was at 800 block of franklin st. in oakland's chinatown tolivers family says the siblings were fighting over clothing just before the shooting happened specifically about justice bleaching morios clothing >> rob preliminary stages and we talk with their family members who had made statements about. >> reporter:now detectives credit family members for pressuring ma

i don't want nothing to happen to you. >> reporter: mario toliver jr. is 14 years old, five foot five. last seen wearing a black hoody. in the meantime, the family is raising money for the funeral of justice toliver. you can find out more about that by searching keeping justice alive on the internit. >> police say the siblings were hiding over the laundry. fights over the laundry. >>> a bart police officer may have shot his partner after mistaking him for an armed suspect. that is according to a report by the chronicle. sergeant tom smith and his partner were searching an apartment in dublin. the bullet struck smith in the chest and killed him. he was wearing body armor. the apartment belonged to a suspect who was already in custody. >>> new tonight, a vacaville pastor is in trouble with the law again. pastor mark lewis was arrested earlier this month for allegedly fire bombing his oaks girlfriend's house. he tried to use the land as collateral to get out of jail. >> it seems to be pretty rare, especially when you are looking at a church, but we don't k

xi toliver is.arya:and yahoo users' at risk this morning after hackers break into email accounts. we'll tell you what's been revealed so far. and santa clara firefighters are mopping up a two alarm house fire. we'll have a live report good morning. it is friday january 31st. i'm james fletcher. i'm darya fulsome. we want to get a check with the weather this morning. >>erica: starting with part of a cloudy conditions on a friday morning. temperatures are on a bit of the cool side. 49 degrees in san francisco. oakland 45. 44 in santa rosa and livermore york and barack average and a mixture of some salt and so-called 3 it will be breezy at times. temperatures will be cooling down under mostly clear conditions saw highs for where you live today. close to 60 and san jose. upper 50s and concord. 51 degrees and oakland. 60 degrees for santa rosa. more details on your forecast including a 7 day coming up a little bit later. first tier is erica with your traffic. here's a live look at the bay bridge toll pla

mario toliver not yet formally charged with the crime. family members say, he shot his sister -- justice -- in a dispute over laundry last week. and a deadly ice storm continues to paralyze georgia. and much of the south. thousands of drivers ended up stuck for more than half-a- day on icy roadways and highways. the storm also forced thousands of students to stay at school overnight. up in the sierra, the much needed rain is turning into snow at northstar california. the national weather service in reno issued a winter storm warning for the lake tahoe area early this morning. moderate to heavy rains and mountain snow developed overnight. rain and sleet hit the mountains earlier in the day yesterday. the snow it turned into overnight. is so important for ski resorts, which have been hit hard by this winter drought. some areas could see a foot of snow. it expects warmer weather monday through wednesday. in fact by the middle of next week we could be and the mid to upper 60s. as for traffic around the bay area we do have a couple of solo spa

>> mario toliver left the apartment holding that gun. and police know that because of surveillance cameras that show that. now whereabouts and location of the gun are still unknown. police are asking family members to help them find the 14-year-old considered armed and dangerous. >> now, our primary concern is that we've not located mario toliver and the gun used. >> he's five feet, five inches tall, 140 pounds, dark hair, brown eyes. police say he shot his sister, 17-year-old justice inside of the apartment they shared with their graund mother on franklin street in oakland's chinatown neighborhood. >> he behaved normally. in front of me. do you know what i mean? >> the surveillance cameras caught him walking down the hallway on the fifth floor with a gun. he then used this emergency exit leading to franklin street. a cousin told abc7 news the two siblings argued over how she was bleaching his clothes. >> this is sad for me. if that is the issue that caused this it's crazy. justice toliver had a 3-year-old daughter. >> we don't want the

>> mario toliver left the apartment holding that gun. and police know that because of surveillance cameras that show that. now whereabouts and location of the gun are still unknown. police are asking family members to help them find the 14-year-old considered armed and dangerous. >> now, our primary concern is that we've not located mario toliver and the gun used. >> he's five feet, five inches tall, 140 pounds, dark hair, brown eyes. police say he shot his sister, 17-year-old justice, inside of the apartment they shared with their graund mother on franklin street in oakland's chinatown neighborhood. >> he behaved normally. in front of me. do you know what i mean? >> the surveillance cameras caught him walking down the hallway on the fifth floor with a gun. he then used this emergency exit leading to franklin street. a cousin told abc7 news the two siblings argued over how she was bleaching his clothes. >> this is sad for me. if that is the issue that caused this, it's crazy. justice toliver had a 3-year-old daughter. >> we don't want th

his 17-year-old sister justice toliver dead inside. police are offering a $10,000 reward for information but didn't want to talk any more about it today. >> don't want to talk about it. let's not talk about that. >> they are treating him as armed and dangerous and the reason is we have not recovered the weapon. >> reporter: so police and the family spend another day searching for the teenaged suspect a father who already lost a daughter hoping not to lose his son. >> please, son, turn yourself in or call your daddy so we can turn yourself in. i love you. i don't want nothing to happen to you. [ crying ] >> reporter: mario toliver, jr., is 14, 5'5", 140 pounds, last seen wearing a black hoodie. in the meantime the family is raising money for the funeral of his sister. you can find out more by searching keeping justice alive on the internet. brian webb, kpix 5. >>> a san francisco police officer shot and killed a dog this morning. it happened just before 10:30 at a housing complex on connecticut street. officers were checking vacant unit

. >> reporter: family of mario toliver gathered for a calming prayer. they are turning to faith to quiet rumors why the 14-year- old allegedly shot and killed his sister 17-year-old justice toliver. their father says it was a tragic mistake. >> it doesn't have anything to do with no colonials or none of that, just kids augusting. >> reporter: mario toliver, sr. says his worst fear is that his son will end up dead and the pavor has a plea tot police. >> i'm asking the police, if you see him first before he turns himself in, i am asking that you don't have a shoot- first mentality. >> he was not a bad kid. he has never been in trouble. >> reporter: the 14-year-old boys had a 4- month-old daughter and must be heartbroken he is responsible for his sister's death. >> he was the big sister and he is the little brother. he loved his sister, she loved him. it was an accident. he didn't mean to do it. >> reporter: they match mario to know they are not mad and even mario's mother sent him a message from jail. >> like mama always said it's easy to get in trouble,

mario toliver has not been seen since the shooting and today his father pleaded for his son to return home. >> son, i love you. we all love you. we care about you, son. we know that it was an accident. >> oakland police believe the younger mario toliver is armed and dangerous. >>> cal osha is looking into a scaffolding collapse that sent three workers to the hospital, two with life threatening injuries. the three men fell 25 feet when the scaffolding collapsed at a house on clayton street in the twin peaks area of san francisco. it looks like the scaffolding was attached to the side of the house but not supported from below. the accident happened at about 9:30 in morning. police say -- this morning. police say permits were not filed for the work. cal osha is investigating whether the homeowner will be cited. >>> bullying and beratement, one by one state geologists said that's what they faced when raising construction concerning about the east span of the bay bridge. >> was specifically directed not to look in areas that i knew there were cracks. >> i felt like i couldn't operate that

as for the victim, justice toliver, she is survived by a young daughter. live in oakland, i'm da lin, kpix 5. >> and the property manager at that condo complex says that this is the first shooting they have had in 30 years. >>> from boy next door to bad boy. exclusive new video of justin bieber drag-racing with the police close behind and wait until you hear who he is comparing himself to. >> it quickly became apparent to me that the problem was being kept secret and either ignored or covered up. >> fireworks over the safety of the new bay bridge. how caltrans is defending allegations of a cover-up. >> i'm the best corner in the game! >> it's the moment 49ers fans love to hate but something else sherman did during the game that is going to cost him big. [uncle]this is hopscotch,okay? uncle go one,two,one,two,one two,one. [niece]okay! [uncle]okay? [niece]one,two three,four,five,six,seven,eight! [uncle laughing] okay,we go the other way,okay? [niece]one,two,three,four,five, six,seven! [uncle laughs]there's ten spaces,you want to try again? [uncle]yeah? lawma

mario toliver looked like he was trying to hide his emotions. 17-year-old justice toliver, it's over. >> he walked into the police department with friends and family members and turned himself in. >> it was on the 800 block of franklin street. the siblings were fighting over clothing before the shooting happen and justice bleaching his clothes. >> when we started the investigation, we talked to family members who made statements to us about him. >> reporter: detectives credit family members for pressuring him to turn himself? >> i want to take my hat off to them. they did something that was a great job. >> reporter: he is in the juvenile center facing murder charges. >>> a transgender teen from last november and a federal report saying invest gators found sexual harassment is leading to changes. the district is considering changes to policies on student conduct. >> reporter: the school district is revising policy toward student conduct, sexual harassment, and hate-motivated behavior. at the board meeting in richmond there were complaints. education for students on how to deal with con

they also reached out to the toliver family. >>> a final absolute to tom smith. he was shot by a fellow officer last week leaving behind a wife and a daughter. law enforcement turned up from all over the country to show their support. >> i have family, i have a daughter around her age. and it is tough. >> detective michael maes shot smith. maes did not attend the funeral, we are told he wanted the focus to stay on smith and his family. >>> a santa clara county officer is known for housing known criminals. juan coreo was arrested. they are thinking he was on drug at the time of his arrest. look at this. a deputy helped a denver inmate escape from jail. it was all caught on camera. the deputy is seen rolling from trash into an elevator. the inmate follows him. he says the deputy gave him a guard's uniform. he then, was able to walk right out the door to freedom. get this, the inmate says it was the deputy's idea. >> put this stuff on. you know, when i walk out. i went in my room and shut my door. the inmates are looking at me like what is going on? just going with

police say mario toliver surrendered to police headquarters. investigators have been talking to his family and friends for hours today, arranging this surrender. >> mario toliver is accused of killing his sister during an argument over laundry. nick smith will join us live with what led up to the development. that is coming up in one hour at 5:00 and our breaking news continues now on twitter, good afternoon, everyone, i'm larry beil. >> other top story is the weather. it's dark and drizzly around the bay area this, is a live picture towards san francisco. we're getting a first rainfall in sometime. >> that does look ominous the storm system bringing snow in the sierra. live look now, forecasters say 1 to 2 feet of snow is expected. >> it's the most significant rainfall we've seen, seven and a half weeks ago. let's check in now with spencer christian. spencer? >> we're all smiles about the weather, happy to see rainfall. most of the bay area is not receiving significant rainfall, there could be areas of mist and drizzle the rain is to our north

police have not released the name of toliver's younger brother. the one believed to be the one who killed her. right now his family is begging him to turn himself into police. >> new details about the death of the bart officer killed in the line of duty this week. sergeant tom smith was shot by a fellow officer during a probation search on tuesday. smith was a 23-year veteran of the bart police department. officials say -- despite wearing a bulletproof vest -- smith's autopsy shows he was killed by a single gunshot wound to the chest. police officials acknowledge, the vest is generally effective. but bullets can still sometimes get by them. fans >> happening now. two dozen surfers from around the world are converging near half moon bay. they are getting ready for today's mavericks surf competition. the contest is set to kick off at eight o'clock this morning. kron 4's mike pelton is in half moon bay with more. good morning mike. line there is a high surf adviser rate spreads says there all stressing safety due to the weather conditions. most of th

. >>> charges against 14-year-old mario toliver junior accused of killing his sister. they gave insight into the boy killing his sister. >> a scared little boy the way i perceive him. he is a 14-year-old boy not a hardened criminal who is beyond his years in terms of sophistication or street mentality. >> the district attorney is reviewing whether or not toliver should be tried as an adult. he is scheduled to appear in juvenile court monday. >>> driving on interstate 680 could get less congested. why motorists are angry over the new proposal. >>> who is in town? she is powerful. >>> max wade go to prison. or how to find big savingsdeals on the things you need. just make a straight line to safeway. you'll find huge club card deals perfect for the big game. pizza's a football favorite. digiorno pizza is $3.99. get your snack on. wheat thins and other nabisco crackers are just $1.50 a box. and dreyer's ice cream is only $2.88. real big deals this week and every week. only at safeway. ingredients for life. >>> convicts teen gunman max wade is spending his first night at sa

speaks out and gives some insight into who mario toliver is. and yahoo users' at risk this morning after hackers break into email accounts. we'll tell you what's been revealed so far. and santa clara firefighters are mopping up a two alarm house fire. we'll have a live report coming up. good morning. it is friday january 31st. i'm james fletcher. and i'm darya folsom we're expecting a lot of sunshine today. breezy and cool. high's popping out at the lower 60s. more details on their 7 day forecast coming up a little bit later. >>erica: that news of the bay bridge toll plaza. we were hoping for friday night. we do have bay to a car crash currently in the tunnel which is affecting your westbound a ride. as of right now the chp does not know of any injuries are involved. however we are already seen some backup. the main lights will be turned on shortly i am assuming. better news along the maintenance log. all lanes currently (north bound 101 at third. and still backing up traffic coming off of the san mateo bridge. >>: developing news this morning.

the boy's father spent the day looking for mario toliver jr. he shot his sister, justice toliver after a fight over laundry. >> we do believe he is still in position of the gun and we want to make sure we locate him safely. >> did building manager says he recorded the siblings and a boy believed to be him walking through a hallway. >>> thousands of surers watched the best big wave surfers take on mavericks. >> reporter: we went out with a harbor patrol boat today and had to told on tight as the waves made for a bumpy ride. we made it to pillar point. etch up close the waves made the surfers seem tie any and the waves kept building. >> the waves are big. when the sets do come, they are monsters. >> reporter: we were not alone with the monsters. fabs filled both sides to watch. so many, something had to be done. >> before all the boats were staying in one area to watch the waves now we have to keep them in a counter motion. >> reporter: meanwhile thousands jammed the hotel to watch the live feed and watch grant baker with the title and first priz

now, 17-year-old justice toliver was shot and killed yesterday afternoon around 12:30.nts were not home at the time. a grandparent called 911. she was raised by her father in the china town apartment with her brother, whom police believe shot his sister. relatives say he was angry because justice bleached some of his cloths. now, they want him to surrender safely. >> just call, please, son. turn yourself in or call your daddy so we can turn yourself in. i don't want nothing to happen to you. >> reporter: relatives say they don't know where mario got a gun. condolences continue to pour onto facebook for justice. her family says she leaves behind a 2-year-old daughter. the 17-year-old worked at mcdonald's and helped care for her grandmother and child. now, mario toliver junior is described as 14 years old, african-american. 5 feet tall and slender, with black hair and brown eyes, last seen wearing a black hooded sweatshirt, running from the scene. again, a $10,000 reward is being offered for any information leading to toliver's arrest. live in oakland. i'm tara moriarty k

learned justice was shot by her younger brother, mario toliver, only 14 years old. now, according to family, justice and mario got into an argument over the bleaching of his clothes now, sky seven hd was soefr the scene the grandmother and shooter spoke just a moment ago and gave this plea. >> so once again, grandson, grandma is asking you to please dot right thing. please. and i love you. i love you with all of my heart, mario. >> the grandmother, the police, everyone is looking for 14-year-old mario toliver. this is a developing situation, i spoke with antown parker the older brother of both justice and mario and asked me to ask his younger brother if he is anywhere, they do not want to see him hurt. we understand justice is a mother shaez a 3-year-old daughter renaya that will be going to live with the grandparents. justice's father just arrived on the seen. they found out she has been shot through social media. we're continuing to learn more from police on the scene and know the body, justice is still upstairs and we know the coroner is on the way. bon behalf of

they identified the victim as justice toliver. toliver was the mother of a young daughter and had just gotten a job. the brother and toliver argued today after she bleached his clothes. >> we know it's an accident, a mistake. >> reporter: they don't know where the boy got a gun and the cousin told us she only learned about justice dying when she saw the rest in peace message this afternoon. >>> police in contra costa county says it appears a 17- year-old boy in berkeley who shot and killed himself committed suicide. at first police thought the shooting had been accidental. but the coroner has determined that the boy died from a self- inflicted gun wound. the boy found the gun in an unlocked case, and the shooting happened after an argument over a report card. >>> new information tonight about the friendly fire death of a b.a.r.t. police officer. preliminary findings show he was killed by a bullet to the chest. his protective vest was not enough. the alameda coroner says a bullet still found the chest of detective sergeant thomas s

learned justice was shot by her younger brother, mario toliver, only 14 years old. according to family, justice and mario got into an argument over the bleaching of his clothes now, sky seven hd was soefr the scene the grandmother and shooter spoke just a moment ago and gave this plea. >> so once again, grandson, grandma is asking you to please dot right thing. please. and i love you. i love you with all of my heart, mario. >> the grandmother, the police, everyone is looking for 14-year-old mario toliver. this

police say toliver may have been spotted on an a.c. transit bus in oakland yesterday afternoon. but by the time, passengers reported their suspicions to the driver, the teenager had already gotten off the bus. >>> some developing news in san jose where police have arrested twin brothers in connection with a stabbing death of a 22- year-old man. ktvu's robert handa has confirmed with police that officers arrested 18-year-old twins ahn and duke this morning. investigators say the victim, richard phan, was trying to break up a fight at a birthday b.a.r.t. on sun crest avenue in east san jose when he was stabbed. e was rushed to the hospital but no did not survive. >>> we're learning new details in the case of a san francisco police officer charged with nine counts of child molestation. just a few hours ago, a judge reduced bail or richard hastings which means he could be out on the street soon. here's more. >> reporter: well, richard hastings entered a not guilty plea this morning. it was just over two hours ago that a judge reduced his bail from $910,000 to $100,000. that's despit

justice toliver was shot to death in a downtown oakland apartment yesterday. family members say the boy shot his sister because she had bleached some of his clothes. their father is now pleading for his son to surrender. >> i don't want these police to find him because they got him armed and dangerous which he tell me he don't have the gun no more so i have -- i'm praying on it. >> justice toliver had recently returned to school and had a 2- year-old child. >>> marijuana grow house went up in flames early this morning in pittsburg. contra costa county fire got the call around 1 a.m. and found flames shooting through the roof at tampico and rancho bernardo drive. because of the flames, firefighters started dousing the house from th outside. then they made a discovery on the first floor. >> we brought the roof under control and then put people inside the house to put out the fire. when they went in to put it out, they found a marijuana grow operation inside the structure. >> investigators say the suspect or suspects were stealing electricity with sophisticated e

they identified the victim as justice toliver. toliver was the mother of a young daughter and had just gotten a job. the brother and toliver argued today after she bleached his clothes. >> we know it's an accident, a mistake. >> reporter: they don't know where the boy got a gun and the cousin told us she only learned about justice dying when she saw the rest in peace message this afternoon. >>> police in contra costa county says it appears a 17- year-old boy in berkeley who shot and killed himself committed suicide. at first police thought the shooting had been accidental. but the coroner has determined that the boy died from a self- inflicted gun wound. the boy found the gun in an unlocked case, and the shooting happened after an argument over a report card. >>> new information tonight about the friendly fire death of a b.a.r.t. police officer. preliminary findings show he was killed by a bullet to the chest. his protective vest was not enough. the alameda coroner says a bullet still found the chest of detective sergeant thomas s

their father mario toliver, sr., is devastated. >> to stay that i'm hurt, it's devastating.s sad that he got to go through this. >> reporter: this is the sister, 17-year-old justice toliver. neighbors said they heard two to three shots. the property manager says surveillance cameras recorded the teenager running down the hallway and leaving the complex. police took the video. >> doesn't make any sense for people being killed or shot because of laundry. for me, it's liker, oh,er, crazy. >> reporter: the property manager says the two siblings have been living with their grandmother at this fifth floor apartment for a couple of years. >> it's a tragedy. we're sorry about it. >> reporter: both the cops and family are looking for the boy. >> i'm trying to find out or catch up with him. he doesn't have a cell phone. >> reporter: oakland police are even offering a $10,000 reward for information leading to his arrest. >> we are treating him as armed and dangerous. and the reason is we have not recovered the weapon. in this case it's a handgun that was used. >> reporter: the father s

investigators are looking for mario toliver. they say shot and killed his sister.17-year- old hist justice toliver thursday. the teens lived with their grand mother in oakland's chinatown. family members tell kron 4 mario shot his sister after an argument over laundry. he's been on the run every and police consider him armed and dangerous, because used in the shooting. the oakland chief says it is time for the suspect to give himself up. police are still getting whereabouts and following up on those leads. there were reports over the weekend that the teen was seen on an a-c transit bus. but police now believe it was just someone who looked similar to him and not mario. the oakland police department is offering a 10-thousand dollar reward for any information leading to an arrest. a san francisco police officer now faces child pornography and molestation charges. richard hastings is accused of molesting a 15 year old boy in concord. hastings claims the sex was consensual and that the victim was not 15, but 18 years old at the time

victim the shooter is still at large the family learned justice was shot by her younger brother, mario toliver, only 14 years old. now, according to family, justice and mario got into an argument over the bleaching of his clothes now, sky seven hd was soefr the scene the grandmother and shooter spoke just a moment ago and gave this plea. >> so once again, grandson, grandma is asking you to please dot right thing. please. and i love you. i love you with all of my heart, mario. >> the grandmother, the police, everyone is looking for 14-year-old mario toliver. this is a developing situation, i spoke with antown parker the older brother of both justice and mario and asked me to ask his younger brother if he is anywhere, they do not want to see him hurt. we understand justice is a mother shaez a 3-year-old daughter renaya that will be going to live with the grandparents. justice's father just arrived on the seen. they found out she has been shot through social media. we're continuing to learn more from police on the scene and know the body, justice is still upstairs and we know the coroner is on th

a few passengers approached the driver at the end of the rout to say that they believe toliver had been a passenger. but by that time everyone had exited the bus. >> reporter: a superintendent sent letters to parents today about the teacher arrested for allegedly serving coworkers pot laced food at a pot luck dinner. teresa badger is a teacher. she was arrested on friday. badger is accused of sickening colleagues at the off campus party with food laced with marijuana. the school will have a psychologist on hand tomorrow and it warning parents partner campus when students return to class. >>> new at 10:00, a night of tear, memories and togetherness for those left behind after they lost loved ones to drunk drivers. >> it hurts. >>> cardenas father was killed by a drunk driver this past summer. at 63, juan cardenas worked two jobs as a janitor. he was walking to a bus stop at 10:30 at night to work the graveyard shift when he was fatally shot. he was in a coma for three weeks before he died. leaving behind four children, five grandchildren and a wife. >> my dad was a family man. and it hur

. >> reporter: justice toliver was a mother to a 3-year-old girl. >> i am lost for words. >> reporterhind the tape a deadly shooting in an apartment where the kids lived with their grandmother because the mom is in jail. loved ones hugged each other and cried in disbelief the brother and sister could take part in violence fighting over laundry. >> i just started calling everybody. next thing you know everybody is saying he killed her. it doesn't feel real. that is not the answer. too many people are dying especially families killing. it'sit's crazy. >>> this man showed up to take the body away leaving family members stunned, saddened, and heart sick. >> it hurts. she will be deeply missed. she was a very loving young lady. >>> disturbing video from hercules, a 70-year-old man hit by an suv sending him to the hospital with serious injuries. the driver stopped and then took off. jeff. >> reporter: pam, it happened last friday. an elderly man was in the cross walk when he was hit by an suv. it was insensitive and criminal. it was after 6:00 a.m. and it was all caught on video from a city

detectives credit the family for pressuring toliver to turn himself in.s currently in the juvenile detention center charged with murder. the police report has been filed. but it may take months to third find out if the sheriff's deputy who shot and killed 13-year-old andy lopez will be charged. santa rosa police have completed their investigation into the october shooting by deputy erick gelhaus. prosecutors have the final report. the sonoma county district attorney is not saying when her review of the report will be finished. lopez was holding a toy gun that looked like an assault rifle when gelhaus shot him. lopez's parents have sued the county. coming up on the kron 4 morning news. rain is in the forecast. check out this video from oakland earlier. we'll be following the rain for you all morning long. and new this morning. at least one baby made her debut in that gridlock. ♪ [ female announcer ] wherever morning brings you, bring the energy you need. nature valley soft-baked oatmeal squares. softly baked, made with hearty oatmeal and a drizzle of cinna

debora villalon is live where toliver was last seen. >> reporter: and where his sister died. it's a condominium where he apparently shot her. now 14 hours later and he's still on the one. >> i fear for you mario, i fear for your life. >> reporter: mario toliver called her and said he and his sister were fighting but he didn't mention a gun. >> he said he was sorry. he was scared, he is scared now. he thought police was going to kill him. i pleaed for him to come home. to call somebody. >> reporter: home is the condo that his grandma has rented for a decade. the gun was fired while she was in the next room. >> she will not speak about it. tears just run down her cheek. because it's so unbelievable the sister and the brother. >> she said she threw something or something. and that's what triggered. >> reporter: the building is thick with surveillance cameras. more than 100. watching the halls and exits, video given to police by the property manager. who says it shows mario leaving. but a weapon -- >> i'm not sure to be honest. i'm not sure. maybe he hide it. i don't know. >> rep

murder charges have been filed against 14- year old mario toliver. he is the oakland teen accused of killing his sister, justice, last week. we spoke with toliver's attorney, and he gave us some insight about the boy. the alameda county d-a is reviewing whether toliver should be tried as an adult. he's just a scared little boy in my eyes. the way i perceive him to be. my impression not a hardened criminal young man he is scheduled to appear at a hearing in juvenile court on monday. new this morning. police in santa clara county are looking for this man -- whom they say stole copper wire from the santa teresa v-t-a light rail station yesterday morning. the man -- captured on surveillance cameras -- is accused of taking the wire, which is valued at close to ten -thousand dollars. ♪ [ female announcer ] wherever morning brings you, bring the energy you need. nature valley soft-baked oatmeal squares. softly baked, made with hearty oatmeal and a drizzle of cinnamon. they're nature valley's take on a morning classic. because when you keep going, the mornin

debora villalon is live where toliver was last seen. >> reporter: and where his sister died. it's a condominium where he apparently shot her. now 14 hours later and he's still on the one. >> i fear for you mario, i fear for your life. >> reporter: mario toliver called her and said he and his sister were fighting but he didn't mention a gun. >> he said he was sorry. he was scared, he is scared now. he thought police was going to kill him. i pleaed for him to come home. to call somebody. >> reporter: home is the condo that his grandma has rented for a decade. the gun was fired while she was in the next room. >> she will not speak about it. tears just run down her cheek. because it's so unbelievable the sister and the brother. >> she said she threw something or something. and that's what triggered. >> reporter: the building is thick with surveillance cameras. more than 100. watching the halls and exits, video given to police by the property manager. who says it shows mario leaving. but a weapon -- >> i'm not sure to be honest. i'm not sure. maybe he hide it. i don't know. >> rep

toliver was spotted yesterday afternoon.eral passengers reported their suspicions to the driver. but the teenager had already gotten off the bus. >>> time now 6:47. a wrongful death lawsuit expected to be filed today against the ride service company oober. that's according to the new york times. now it stems in a new year's crash in san francisco where a 6-year-old girl was hit and killed in a crosswalk. her brother and mother were also hurt. the girl's family is filing the lawsuit according to the new york times. the issue has now brought up questions about the quality of drivers who work for that company. >>> time now 6:47. it is time to check in with tori campbell for a look at what's coming up on morning's on two. welcome back tori. >> thank you. and good morning dave and pam. coming up in minutes on mornings on 2. a controversial killing town under. a tiger shark shot in the head four times off an australian beach. why the government wanted this action to be taken. >>> a poker player is in hot water all because of what

oakland police have been searching for mario tolive jr.ce thursday where he allegedly shot his sister justice in oakland's china town neighborhood. toliver were reportedly spotted on an ac transit bus in oakland yesterday afternoon. several passengers reported their suspicion to the bus driver but the teenager had already gotten off that bus. >> reporter: meantime this morning police in antioch investigating a shooting in the parking lot of a fast food restaurant. it happened yesterday around 4:00 outside of a jack-in-the- box. he was rushed to the hospital. he is expected to survive. right now no arrests have been made. >>> a funeral will be held today for a 14-year-old girl hit and killed by a vta train. danica garcia was hit january 17 while riding her bike to dell mar high school in san jose. she may be trying to beat that train to be in time for a singing performance. today's service starts at 10:00 a.m. at willow glen's funeral home. garcia will be buried at oak hill cemetery. >>> there seems to be an app for everything now even figh

investigators are looking for mario toliver.id to have killed his 17 year-old sister justice toliver on thursday. family members tell kron4 that his sister was shot after an argument or laundry. police consider him to be armed and dangerous, because they have not found the gun that was used in the shooting. the oakland she says it is time for him to give himself up. >> he is obviously with someone. we do not believe that he is hanging out on street corners. we are trying to find whoever he is with to persuade him to turn himself in. >> police are still receiving a lot of tips. they are following up on these leads. over the weekend they it received a call that he was single and ac transit bus but police now believe that it was just someone who looked similar to him. the oakland police department is offering a $10,000 reward. >> a san francisco police officer is now facing child pornography and molestation charges. richard hastings is accused of molesting a 15 year-old boy in concord. hasting claims that the sex was consensual and

justice toliver leaves behind a three-year-old daughter. >> a report on shooting death of 13-year-olds of a district attorney killed this october while walking with a toy gun designed to look like an assault rifle. erick gelhaus told investigator he thought the gun was an ak-47. district attorney must now decide whether to press criminal charges against the deputy and says it could take 90 days or more to make a determination. >> the city of san jose is pushing a federal appeals court for the quickest possible resolution in the lawsuit against major league baseball. our media partner the san jose mercury news reports the city lawyers have asked for the circuit court of appeals to set a march 24 deadline for all legal arguments which could allow judges to rule on the case by summer. san jose is challenging a federal scrum's order dismissing the city's argument that the m.l.b. violated antitrust laws by delaying the bid to move to san jose by the the a's. >> go brown is in great position to be re-elected in develop after he has approval rate at a record high at 60 percent of likely vote

mario toliver, police are warning everyone he is armed and dangerous. jodi hernandez has the latest on this investigation, jodi? >> reporter: oakland police have been talking to the suspect's friends and family desperately trying to track him down, but tonight the teenager remains on the loose. initially, there were reports that this all started after an argument between the siblings over laundry. tonight, a family member says that's not the case. >> what i know is that it wasn't over laundry. >> reporter: mario's cousin says he doesn't know what prompted the 14-year-old to allegedly shoot and kill his 17-year-old sister justice toliver in their oakland apartment yesterday afternoon but he insists, it wasn't over laundry. >> only mario knows. that's why we hope he comes home and hopes he turns himself in so we can get the full story from him. because only he actually knows what happened. >> reporter: mario seen here in a photo taken from his facebook page has been on the loose since the shooting took place. oakland police need him to come forward. >> he

justice toliver and her brother were arguing over the bleaching of his clothes before he shot her. >>apartment building was threatened in vallejo when a double wide trailer went up if flames at 5:00 a.m. that spread causing considerable damage. two people escaped. >> a marsh fire burning in san rafael is under control after burning for several hours north of interstate 580. flames were visible for miles this morning. no structures were damaged but the fire sent up a last smoke. >> today, california health officials will update flu activity in the state with 29 deaths related to the flu in the bay area so far this season. university students are in class at bay area schools and health officials are doing all they can to keep them from getting the flu. >>> high surf is all we have and why the mavericks are going today with 9' to 11' but the breakers will unover 20' and up to 50' with extra pollution and humidity causing a haze with an increase in clouds this afternoon. low-to-mid 60's at the coast and upper 60's for the rest of us. enjoy. >> through the haze you can see the bay bridge w

justice toliver was found in the laundry room yesterday afternoon. the family members gathered outside the building in shock. police say justice and her brother, mario, were arguing over the bleaching of his clothes. their father cannot believe what happened. >> i have been there since they came out of the womb and i never...i don't understand, the devil is working all the time. working all the time. >> the family tells us she was the mother of a three-year-old girl. >> a san francisco police officer is scheduled to be arraigned today on charges that he me live add teen in concord and kept child pornography. richard hastings has been suspended without pay since being arrested in august. he is held on $900,000 bail. >>> california health officials will update flu activity in the state. there have been 29 deaths related to the flu in the bay area this season. the university students are back in class at bay area schools and health fowls are doing all they can to keep them from getting the flu. in hayward, students who go to the health care center are g

police have been looking for toliver since thursday. he was spotted on a transit bus at 1:00 yesterday afternoon. the teenager had already gotten off the bus before other riders expressed their concern. >>> around 4:00 yesterday afternoon outside a jack in the box on lone tree way a 33-year-old man was shot inside a van. the man was rushed to the hospital and is expected to survive. no arrests have been made. >>> a funeral is going to be told day for a 14-year-old girl hit by a train. she may have been trying to beat the train to be on time for a singing performance. today's service begins at 10:00 a.m. garcia will be buried at oak hill cemetery. >>> freezing weather headed back to the midwest. temperatures are expected to drop today and should stay they way until thursday. the wind chill factor are making things even colder. schools in minnesota encolluding the university of minnesota will be closed today. the chicago school districts also are closing schooled. 6000 kids walking to school and the other 6000 standing at a bus stop. ther

police found 17-year-old justin toliver in the laundry room of oakland city center apartment building on franklin. family gathered outside the building in shock. justice and her 14-year-old brother, mario, everyone arguing over the bleaching of his clothes. >> health officials are reporting two more flu deaths in the bay area bringing the total flu deaths this season to 31 deaths. officials say in the last two weeks a 58-year-old woman is a 43-year-old man died of the h1n1. they both had underlying conditions. eight have died from the flu in the county this season. officials are seeing many more flu cases than expected this year. >> happening now, a hearing is underway at the state capital over a report accusing caltran of ignoring safety experts would brought up safety issues with the new eastern span of the bay bridge and was commissionened by the state senator from concord and found that the caltran engineer and outside consultant say caltran disregarded warnings that a chinese company working on a huge section of the bridge was turning out wells with cracks and the company said do

justice toliver was shot to death on thursday afternoon inside an apartment in this building on franklin street. police are looking for her brother mario. the family is urging him to turn himself in. normally police wouldn't put out his name because he is only 14 but he is considered to be armed and dangerous. >>> if you are in downtown san francisco this afternoon, you may have been tied up in traffic because of this. thousands of pro-life people rallied in the streets of san francisco marching between justin herman plaza and market street. abortion hurts women. there were protests by pro- abortion advocates. >> i have a deep reverence and respect for life. but i think that a woman's right to choose is critically important and i support that very strongly. >> so i'm here with five of my six children. we're a pro-life family and we just want to show our support for life. >> the pro-life rally coincides with the anniversaries of roe vs. wade in 1973. it's the supreme court ruling that gave women the right to have an abortion. >>> get ready to pay more to mail a letter. how much it's going

cuando tras una discucion, el hermano menor, identificado como mario toliver jr le disparo a su hermana justice, quien fue declarada muerta en la escena l greg stewart/primo comenta el primo de los hermanos que el recibio una llamada alertandolo sobre una pelea que se estaba llevando acabo entre ellos dentro del apartamento, cuando llego, afirma, todo fue un caos... dice que su familia esta dolida y esta seguro que esto fue un los ler, mario, dice estar dol ojos marrones... no posee carro sweater de capucha negra.. aneaba regresar al colegio, e ea Ño de io cesar ---la muerte de once aÑos por arma de fuego se trato de un suicidio segun el medico forense... ---sucedio anoche en la ciudad de oakley, y al principio las autoridades creian que se habia tratado de un disparo accidental, pero hoy los examenes forenses indicaron lo contrario... ---las autoridades escolares han enviado consejeros a la escuela donde estudiaba el niÑo para hablar con sus compaÑeros de clase. blanca ---la policia de palo alto investiga un robo armado que ocurri esta maÑana en una casa de la zona. take vo ---las vict

they do say toliver is considered armed and dangerous.body with information on his whereabouts is urged to please contact the oakland police department. >>> a northern california pastor is facing charges of fraud and perjury this morning. that in addition to arson and conspiracy charges stemling from two weeks ago. mark lewis is the pastor of the fellowship baptist church in vacaville. police swept through the church property looking for financial records. the church was allegedly never registered as a nonprofit or incorporated but used the legal status of another church. people already stunned by his first arrest for reportedly using three church members in an arson attack against a former girlfriend. >> i don't know what to think. a minister you would think should be a little higher standard there. >> i'm quite amazed. i drive by that daily. it's shocking. >> the suspect is currently out on bail of a half million dollars. >>> a national debate over abortion rights took center stage in san francisco this weekend. tens of thousands gather

---"mario toliver" llego a la jefatura de policia acompaÑado de varios familiares quienes desde el diae, le habian hecho varios llamados para que se entregara... blanca ---la policia de san jose acuso a "duc tong" de 18 aÑos de edad... take vo ...de la muerte de un estudiante universitario, mientras que a su hermano gemelo "anh" lo dejo en libertad pero no descarta que con la investigacion pueda estar implicado en el apuÑalamiento que le costo la vida a "richard phan" la maÑana del domingo pasado. ---las autoridades consideraban que la victima habria intentado poner fin a una pelea, pero ahora creen que pudo haber participado en el altercado que le termino costando la vida. vo cesar ---mientras que en morgan hill la policia lanza una advertencia ante lo que podria ser un intento de secuestro contra una menor de edad... ---de acuerdo a las autoridades la tarde del sabado el sospechoso actuo de manera sospechosa contra una adolescente quien asegura que el individuo se le acerco y hablo con ella... ---la jovencita logro correr y el hombre huyo en una camioneta tipo van. stop open blanca -