tv KTVU Fox 2 News at 6pm FOX October 26, 2017 6:00pm-6:30pm PDT
interviews with witnesses, coupled with video surveillance and help from the media, they were able to identify the shooter. the only problem is that the suspect is dead. ♪[ music ] >> reporter: it's been 2.5 years since the killing of berkeley musician amile llanos nevarez. he had finished a performance and was hit by a stray bullet. the unintended victim of a gunman arguing with another person nearby. >> it's tragic. it was a sad case. >> reporter: sergeant molina has been on the case from the beginning and can now say it's been solved. within the past month, police and the fbi identified the shooter, a 24-year-old man. >> the thing about this case is that mr. jamison is dead. >> reporter: he died in a car crash in november of last year as he was fleeing from authorities in placer county.
his death makes solving this case bittersweet. >> we don't have somebody that we can prosecute. the person has died. he was running from the cops on another case unrelated to this. but it is something that we hope that it brings some comfort to the family that we did not forget nor will we the victims here. >> reporter: his mother talked to us about the break in the case. >> i'm very thankful to the oakland police department. right now, i feel at least the person is off the streets. and they are not going to do this to anybody else. >> reporter: she says there is some closure but it doesn't take away the pain. >> we're grateful there's a resolution of some sort. but we're -- i don't know that we'll ever feel happy again because i think that we live this moment every day. you know, still have a lot of sadness every day. >> reporter: investigators say they are confident there are no other outstanding suspects
and no threat to the public in regards to this case. >> such an important development for the family. but as you mentioned, bittersweet, as well. christine, in a thank you. the campus of milpitas high school was put on lockdown twice today after a student brought a gun to school. skyfox flew over the campus shortly after the first lockdown was ordered around noon. a 14-year-old student is in custody with a semi-automatic pistol recovered. the freshman showed it off to friends. it's unclear why he brought it to school. >> officers went into the bathroom. they found the student. he did have a handgun on him. he was taken into custody without incident. he is talking to our detectives. >> two hours later police got another report about a second student with a gun which prompted a second lockdown of the campus out of precaution. in the end, no weapon was found and the all clear was issued about 3:00 this afternoon. also tonight, new
information about the 8-year- old boy who brought a gun to a school in san ramon on tuesday. his father is now under arrest. 30-year-old anthony o'donnell was taken into custody this morning at his home. police say his son brought a loaded gun in his backpack to twin creeks elementary school and then showed the gun to other students. they went home, told their parents and that's when the school was note notified. o'donnell faces charges. in san francisco the latest in the kate steinle case. the jury heard from the bureau of land management officer whose gun was stolen from his car and later used to kill steinle. as ktvu's tara moriarty tells us, that officer said he felt the weapon was safely stored even though it was left in a backpack inside the locked vehicle. reporter: remember this officer is not from the bay area so perhaps not familiar with the auto break-in epidemic here in san francisco. he is actually from just south
of san diego near the mexico border. that's officer john wachowski from blm, the bureau of land management. he was today on the stand saying he is, quote, safety- conscious. that struck the defense as odd considering that the officer left a fully loaded firearm inside a backpack inside his suv parked along the embarcadero on june 27th, 2015. although the storage of the gun was in compliance with blm policies at the time. four days later prosecutors contend that jose inez garcia zarate somehow got a hold of that gun and shot 32-year-old kate steinle as she walk along pier 14 with her father. zarate's attorney matt gonzalez asked wachowski if he felt responsible for steinle's death. that question was stricken from the record. >> there is no question that he acted negligently and he triggered a course of events that led to the death of kate steinle. i am not suggesting that he has criminal liability.
>> reporter: the prosecution says this case will come down to whether or not the jury believes zarate intentionally pulled the trigger. >> i think the evidence speaks loudest and i think the jury is going to rely on that evidence when they reach a determination at the conclusion of this case. >> reporter: also on the stand today, sfpd officer andrew clifford who gathered gun residue samples off zarate's hand after the shooting but one of the more interesting bits of information that came out today a duffel bag with clothing that was stolen and never recovered from wachowski's car. the defense is claiming that zarate found the gun wrapped in a piece of clothing and that while he was unwrapping it, the gun accidentally went off. now, zarate again is being charged with second-degree murder. meanwhile, kate steinle's parents did not appear in court today and this trial by the way is expected to last four to six weeks. in san francisco, tara moriarty, ktvu fox 2 news. our legal analyst michael cardoza on the four on 2 said
he thinks matt gonzalez is doing a good defense job but says questions about the origin of the gun are not likely to influence the jury. >> you want to throw that type of thing in front of a jury hoping somebody will latch on to it but is that a defense? no. i would assume this jury is smart enough to know, well, you know, we got how it got to the wharf or how it got there. but what's that got to do with what happened? i think they will ignore it. >> cardoza said the big issue at the trial will be whether prosecutors can prove zarate pulled the trigger or if the defense can show that the gun may have gone off accidentally. in washington, the fbi is expected to release more information on a dossier that tried to link president trump to russia ahead of the 2016 election. this week, the legal team for the clinton campaign and the dnc acknowledged funding the dossier calling it opposition research. house speaker paul ryan says congress has been asking to see the documents for weeks. >> the point of these
investigations is to find the truth and to make sure if things -- if laws are violated or mistakes were made, they're not made again and transparency is what gets you that. >> the dossier's most salacious allegations about president trump have never been proven. but the assertion that russia interfered in the election is now accepted as fact by the u.s. intelligence community. president trump says the opioid epidemic is a national shame and human tragedy. today he announced a national health emergency and took steps to do something about it. frank mallicoat is in the newsroom with the president's push to try to end the abuse. >> reporter: the president wants to take it head on. the problem is fundingch -- funding. >> effective today, my administration is officially declaring the opioid crisis a national public health emergency under federal law. >> reporter: drug overdoses are now the leading cause of death in americans under the age of 50. more die from opioids than die in automobile accidents and
gun homicides each year. the numbers are staggering. >> last year, we lost at least 64,000 americans to overdoses. that's 175 lost american lives per day. that's 7 lost lives per hour. >> reporter: today's declaration does not allocate funds towards the war on drugs but federal agencies will be directed to devote more grant money already in their budget to the problem. that drew criticism. >> what i would say to the president on that is, show me the money. the president has a budget here that cuts medicaid which is the major funder of, um, how we address opioids. >> reporter: some of mr. trump's changes do include reducing regulatory barriers, expanding telemedicine services to reach rural communities, and more training for those that prescribe opiates. >> but he had a problem. he had a problem with alcohol.
and he would tell me, don't drink. >> reporter: on a personal note, the president talked about his older brother, fred, whose life was cut short due to alcoholism. mr. trump listened to his advice and never had a drink. he is now hoping a massive anti-opiate advertising campaign may save a generation from drugs. >> if we can teach young people and people generally not to start, it's really, really easy not to take them. and i think that's going to end up being a most important thing. >> reporter: the president also backed his plans for building a wall between the united states and mexico saying that 90% of the heroin entering the u.s. comes from south of the border. in the newsroom, frank mallicoat, ktvu fox 2 news. a big win for republicans today as congress narrowly passed a new budget plan that paves the way for an overhaul
of the country's tax code. the budget passed by 4 votes. now republicans are hoping to reform and simplify the tax code. the democrats say the tax overhaul plan benefits the wealthy instead of middle class americans. the tax reform bill is expected to be introduced on november 1st. house leaders say they will be pushing for a final vote before the end of the year. new at 6:00, supporters of a plan to split california into three separate states are now set to begin collecting signatures to qualify for next year's ballot. the plan is being pushed by tech billionaire tim draper who funded a similar proposal back in 2014 to divide the state into six sections. opponents say this latest plan would only create chaos. >> creating three new governments, three new legislatures, three new governors, and then having to disrupt what we have as a state, all our prison systems, our higher education systems, i think diversity is what makes california great and this would actually ruin it.
>> the plan calls for dividing the state into northern california which would represent the northern counties, and southern california, which would begin in fresno and cover most of the southern state. new california would include los angeles county and most coastal areas. even if approved by voters, the three california plan would still need permission from congress before it could move forward. coming up, allegations of sexual harassment at an east bay high school. >> what we're learning about several members of a high school football team at the center of the controversy. >> plus, encouraging tourists to return to the north bay. how several mayors are promoting the re-opening of businesses following the devastating north bay fires. >> another record today in san jose but temperatures generally trending down as we head towards friday.
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( ♪ ) to the next generation of greats. from high school stars, to college athletes and fans. we're excited to meet you. six antioch high school football players are suspended after being accuses of sexual harassment against girls outside the team locker room. as rob roth tells us the comments they made to the female students were considered so crude and vulgar, the school felt the need to take action. reporter: the football field at antioch high school empty. the bleachers empty. thursday's junior varsity rivalry football game against deer valley high is off because of behavior of a dozen players. >> some of the vulgar statements and comments that were made to their classmates,
the female students, were so rude and disgusting and profane that, um, i just was appalled by their behavior. >> reporter: that's why the principal suspended six varsity football prayers for a week and decided along with the coaches to cancel the game. it happened monday afternoon. ktvu spoke with one of the female students, who says that it all began when one of her friends broke up with one of the jv football players. then a group of players began shouting at the girl and her friend. >> then the jv player started shouting crude stuff at us and calling my friend names that shouldn't have been said. and then my friend asked what was the problem? and they didn't say anything. and then they kept saying if she walked over there, she was getting slapped. she was going to get hit. >> reporter: the school decided to cancel the game to send a message and because with so many players suspended, it would be hard to field a full team. the incident happened just days after the school held an assembly about sexual
harassment and finding positive ways to treat each other. >> to me, it was very upsetting that we provided an opportunity for people to learn, discuss some of these really important issues and, um, then to see that behavior was very disappointing. >> things shouldn't just be okay with demeaning someone and calling someone horrendous names that shouldn't have been said and then threatening to beat somebody because they got broken up with. >> reporter: football is popular at antioch high. but the administration says some things are just more important. >> it sends a clear message about what we will and will not, you know, condone or accept here at the high school. >> reporter: the cancellation of the football game applies only to the jv game. the varsity game against deer valley goes on as scheduled. next week's jv game is still on. in antioch, rob roth, ktvu fox 2 news. cal fires says the largest
north bay fires could be contained by tomorrow if weather conditions stay the same. the atlas fire which started near lake berryessa is closest to containment at 97%. in sonoma counties the tubbs fire, pocket and nuns fires are all around 95%. those four fires have burned an estimated 200,000 acres combined. now that the danger is passed, officials are working to revive the economy in the wine country. ktvu's tom vacar took a ride on the napa valley wine train today with several north bay mayors who are encouraging tourists to return to the area. reporter: five napa mayors, two napa county supervisors and state senator bill dodd invited the media in to underscore the critical need for tourism to return sooner than later because this is usually the busiest time of the year. >> it's very important to the local economy, all the cities and the counties, and they are very much open for business. >> most of our workforce are not wealthy people and so it's been very important that we get the word out because we have had to shut the train down for a week.
>> reporter: for today's noon run, the napa valley wine train carried 65 paying passengers far short of the 370-passenger capacity per trip. the central pullman cars travel along the railway first laid during the california gold rush making up to two runs a day. >> last week they were shut down. i called up again and they were open back up and good to go. this is our anniversary today. >> reporter: the two reasons folks aren't coming, concerns about air quality, and two, whether the napa valley has been totally destroyed. >> as you can see today, the air quality is great. it has been and will be. and the valley of the floor, which is really what visitors experience, completely intact. >> i think you gain if you come now. you're more likely to get into the restaurants you couldn't normally get into in october. you can get into hotels. the wineries are the same way.
>> reporter: that's true from napa into the south to calistoga in the north. >> we have been known as a hospitality community since the late 1800s. it's how we make our living. same for the rest of the napa valley. >> reporter: agricultural areas are always subject to ups and you down, but it's the people like this woman whose family who lost three homes to the fire who have no intention of leaving ever. >> we're happy in napa. we are happen to be in napa to be on the vineyards that my kids have grown up with. >> reporter: just a few of the reasons that people could from all over to visit this slice of paradise and by the way, there are plenty of deals to be had up here. you can check it out. tom vacar, ktvu fox 2 news. and we're checking out the weather. we had a really nice day out there today. we had record highs today in san jose. second day in san jose had a record high 89 degrees set in
2003. nice air quality, too. a little bit of fog well offshore. by tomorrow night coastal fog returns and that will continue or complete that slight cooling trend that we're experiencing. temperatures trending down. big dome of high pressure, lots of activity in the aleutians. we talked about the large surf. it will be here on saturday. it's big, so dangerous surf throughout the weekend actually. a big dome of high pressure keeps us dry. with fog at the surface trying to move in temperatures going down a bit. these winds continue to be northeast offshore. but by tomorrow night, the little vectors will be going this way. like that is more onshore and pushing the fog to the coast cooling us off a little bit. temperatures not bad. temperatures like today a little cooler. [ pause ]
still to come, dangerously high levels of lead. a look at the water samples collected from three san francisco public schools. details on the elevated levels of lead potentially exposing students to the toxic metal. >> plus coming up later the san jose sharks on the road facing off against the boston bruins. jason will be here with all the highlights coming up next in sports. >> and another delay for bart's new fleet. instead of 60 new cars this year, they only expect about 20. up next, "2 investigates" gets some answers from the troubled manufacturer and asks bart, who is holding that company accountable?
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bart's new fleet of trains is plagued by delays. this year commuters were supposed to get 60 new cars but now they may get 20. "2 investigates" has been digging into the deal for months now uncovering chronic delays and delivery problems. our investigative reporter candice nguyen is here with more on what she found. reporter: it is no surprise that bart's current fleet is in need of major overhaul. these new cars are supposed to be relieving pressure on crowded commutes. but over the past year we have reported on problems with delivery of the new cars. we learned the first cars came off the production line, they were overweight. then the first car arrived three months late. bart later crashed that car
citing electrical problems and after that we learned the first 10 cars would be delayed then this year alone, the number of new cars promised by canadian manufacturer bombardier has been delayed twice. arching the only one to sit down with bart and the supplier to find out about the problems that some say were foreseeable. >> they should have known because bombardier was have trouble worldwide on the commitment to build railcars. >> why would bart pick such a troubled company to build the fleet of the future? >> i don't know why they picked that company. >> bombardier scored the most plus they had the lowest costs. they had the best over proposal. >> how confident are you that bombardier is going to make that deadline? >> well, all i can say is on their past performance. >> reporter: for this investigation we teamed up
with media partners in new york and toronto, two cities that also struggled with major delays in their orders from bombardier. after numerous changes, the current schedule here in the bay area has all 775 cars being delivered by 2022. bart says the extra costs caused by problems will be paid for by the supplier, not taxpayers. we'll have more at 10:00. >> are there other companies they could have gotten cars from? >> five bid, three made it to the final round. bart scores on things like price, design, schedule and bart says bombardier scored the highest. >> all right. still, commuters are waiting. all right, thank you. ktvu fox 2 news at 6:30 starts next with the bay area football team's pledge to reduce violence. up next, the device that san francisco 49ers organization is now pushing officials to ban. >> three schools in san francisco test positive for
the killing of a musician outside a downtown oakland nightclub back in april of 2015. 26-year-old emiliano nevarez at berkeley was struck by a stray bullet after performing at the golden bull bar. today oakland police and the fbi announced that the man responsible for his death was a 24-year-old man who is dead. he was killed a year ago in a car crash while running from police in placer county. the campus of milpitas high school was put on lockdown today after a student brought a gun to school. skyfox flew over the campus shortly after the lockdown was ordered about noon today. police say the 14-year-old student was quickly taken into custody and the gun was recovered. a second lockdown was ordered a few hours later following a false report of another gun on campus. you're watching ktvu fox 2 news at 6:30. the drinking water in three of san francisco's public schools tested positive for lead forcing the