tv KTVU Fox 2 News at 5pm FOX September 9, 2019 5:00pm-6:00pm PDT
to have both sides return september 23rd to debate the issue. >> i d'tcomponent but an essential component to the court granting emergency relief such as a restraining order. >> reporter:y in the area surrounding the navigation center. he's arguing that the city has not received approval from the state land commission to build it. >> it's violating the law after day it proceeds with construction. roc the city's attorney office reached a staiment statement saying we're pleased that the judge denied request for construction of this immediate shelter. it has undergone review and all of the land laws were followed. he says it will have a negative impact on the area. >> my concern is that it's a low barrier sh means it will house the mentally ill, drug offenders,
sex offenders. >> reporter: he said it's a necessary step for the homeless crisis. >> it's about identifying places that we can use for this purpose, and if it's available and makes sense economically, then we should do it. >> reporter: and he oversees the area where it is built and to tackle a problem like homelessness, the city cannot fall victim to a not in my back yard mentality. >> we've got to get nachbigation centers built where it's a need but we have to make sure they're built all over the e city. >> reporter: at this point they're hoping to open doors. the idea is to have the center here for 2 or 4 years, long term plan to turn this into permanent housing. >> for people who don't know what exactly does a navigation center do? >> reporter: right. so the navigation center is
sort of a one-stop shop so to speak. it will have intensive service available for homeless residents here in san francisco. and that's part of the draw. they really want to get people into these centers to try to get service right away, so they can try to get them into permanent housing, but you heard the neighbors have a lot of concerns. it will be a low barrier of entry and concerned about the people drawn to the neighborhood. >> all right live in the civic tonight. thank you. >> another day of cancellations and delays. the airport as of this afternoon, 235 fights have been delayed and another 124 canceled when because of ongoing repair work on sunday. more than 700 flights delayed and more than 300 canceled. the work necessary because the baseway on the runway started to fail. >> we're tackling an area that hasn't been touched in over 50
to 60 years, but once we get his work done, we will get back to that routine maintenance. >> while it is frustrating for passengers, this time period was chosen because it's not as busy as peak travel season. this morning city supervisors joined with mass transit travelers and others on city hall. they're calling for a more relionel transit system in the city. in fact their goal is to upgrade the entire system, so riders can get anywhere in the city in 30 minutes or less. >> our city deserves a world class system. it takes planning. we have to ensure accessibility and reliability for everyone in the city. >> they road the transit for the rally this morning at city hall. they agree much more needs to be done to improve the current transit system. >> the national transportation
board is moving to repair safety barriers damaged by vehicles. the recommendation says that the agency failed to fix the highway safety barrier before a fatal crash last year. the barrier had been damaged 11- days before the tesla which was in auto pilot mode killing the driver. the ntsb says it identified problems in a fatal 2016 crash in san jose when a barrier damaged 44-days earlier had not been fixed. a spokesperson says it's reviewing the ntsb report to identify the next steps. the cause of a mysterious lung illness needs to be found. ate least 450-cases have been reported cross the country and 5 deaths. it's not sure what's causing it
or related to tobacco, cannabis or both. the group is usually young healthy men which is a cause of concern. >> when we see it more than doubling who started vaping in the last 2 years, every 1 in 3 in the last few years, we think we're particularly vulnerable to this. >> 57-cases of respiratory illness have recently been reported in california. the biggest fire burning in california right now is the walker fire in plymouth county. the u.s. forest service says it's just 7% contained and burned more than 68 germiles. than an area bigger than the entire city of san francisco. no injuries have been reported. mandatory evacuations are underway. the fire started last wednesday and the cause still under investigation. and crews are getting a handle on a wildfire burning west of reis now 63% contained
after burning more than 8800 acres of land. the fire was sparked by lightning last thursday. they say higher humidity and lower temperatures have helped crews gain control. and that was when evacuation orders to be lifted. >> and they're getting a handle on a wildfire burning east of oriville. it broke out on saturday and burning about 400 acres and burned two structures. no injuries have been reported. it was hit by major fires in the past, so people there are on edge. it says the fire is on a burn scar from a wildfire in 2017. that means fuels burn quickly and burn fast. several neighborhoods have been evacuated and others are ready to go if they have to. it was closed due to budget cuts and set to reopen after more than 7 years. firefighters say the station
will improve response time, and that can be critical especially during fire season. they spoke with the neighbors about the significance of this reopening. and we join you live. >> reporter: julie, the reopening of fire station 60 could mean response times will improve by 5 minutes around here and, and that of course is critical as we head into the heart of wildfire sane. >> reporter: it's back, well, almost. the city leaders and neighbors officially welcome fire station 16 which is set to be up and running once again by the end of the saep. >> we've all seen the destructive force that wildfires pose to the bay area and having this resource restaffed will hopefully allow us to get to fires when they're small and keep them small. >> reporter: this is one of seven fire stations they closed in 2012 because of budget cuts
with controversy. but it is now about to rejoin the neighborhood. >> having station 16 is crutcally important for the protection of the community. >> reporter: it is more than two and a half miles away, the next closest, and it took an additional 5 minutes on average to get to the area. and shaving that much time can be critical. >> it's just not very quick to be able to get up into this area. ask that's one of the reason it's important to get fire station 16 reopen to serve as a residential community in the lilside. >> reporter: they have many areas with narrow roads and similar to areas with wildfires including sonoma and napa county. they are happy to see them return including the wife of the giants' catcher buster. >> i'll feel safer during fire season coming up. >> i'm very happy about that.
it seems like it's been a long time and inneighborhood, you know is really counting on it. . >> reporter: of the seven fire stations closed because of budget cuts, this will be the fifth to come back. ktv irk fox 2 news. it's been 4-days now since the jury came back with their split verdict. the jury voted to acquit him, and it was against eric. >> we caught up with the jury foreman. he said he's emotionally exhausted from month long trial. we join you with what he had to say. >> reporter: he said he wants to put the trial bind him which includeed 4 months of testimony and people watching it. now he says he's done with it all. >> reporter: ktvu spoke to a 55- year old man who works as an
enjenear and ended up being the foreman on the trial. he didn't want to go on camera but says the trial took a toll on him. he said he's emotionally spent . i spoke to a man who said that a woman insisted he was guilty. >> one woman felt pretty strongly, she said she didn't think him getting off without anything was right. >> reporter: and she would not budge. >> the vote in the jury was a very strong 11 to 1. and so that meant that we were hung, and it was going to be no decision on max harris. >> reporter: but after a 12-day break, she changed her vote to not guilty, and harris was acquitted. these are pictures not long after he was released from jail.
the jury foreman said 10 on the panel convinced he was guilty while two held out for an acquittal. they had a mistrial for him. >> i was frustrated that we were left with all of those months with basically nothing. >> reporter: he started out as an alternate jury after the judge booted three women from the panel. they he said the jury shakeup benefited their client. >> i can the one we felt was leaning towards guilty had a very strong voice in the deliberation room. >> now the jury foreman also told us he doesn't want to have any contact with his fellow jurors. be back in next court next month retried. the california fire that authorities confirmed that a criminal investigation is now underway.
new details at 5:30. but first. . >> reporter: it is the final season opener for the oakland raiders we're pretty sure. we'll set the season for monday night football and tell you which denver broncos has his ateng. >> we're looking at the forecast. temperatures are cool. heat in the forecast. we'll see you here after the break. plus fries and a drink all for just the change in your couch. i found the remote! try my new $4.99 blt cheeseburger combo. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪
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on their way to the united states from claiming asylum here. in july, the u.s. drick judge john tiger initially blocked the policy from taking affect, but last month, the 9th circuit court of appeals limited the impact of his inkwroounkz cover only california and arizona which are states that fall under the 9th circuit jurisdiction. he once again expands hiinjunction nationwide. they asked him to lift the order and allow the policy to go into affect. it is monday, and this time of year, that means monday night football. and fans will start filling the stadium. and we kick off the raiders versus broncos. >> we have a preview of tonight. >> reporter: yeah. it will be the last of the 32 teams to actually kick off their season, and they're okay with that. it's a primetime spotlight.
and you might recall they opened a year ago against the rams, so they're used to this sort of thing. this is a team that bounced back. they were 4 and # a year ago, and he had a subpar season. he was remarkable with the broncos. he completed 83 of his passes last year which is terrific. he has his hands full, and broncos known as a defensive unit, and they have two of the best in the business. i guaran thuteng of everybody on this raider offense tonight. >> he's a walking hall of fame player. i mean, the guy has the, you know, franchise record. you know, the big guy literally takes the ball to people's hands, mine included. he does freaky stuff, you know, on the football field, and you
have to respect it. >> you will see von miller line up everywhere. he can get in any stance and the beautiful thing about chubb, he can do the same. they present the arsenal differently in the way they rush, but they both complement each other very well. >> reporter: and you see the general manager mike messing around with a couple of the guys and throwing the ball back and forth. he has a huge smile on his fos. he looks like a man who had a weight lifted off of his shoulder in the last 48 hours. i wonder what that can be. anton. io brown, i can tell you the teamhink about football instead of the distraction that overcame all things >> one more question about antonio brown since you brought it up, his departure, who is taking his position on the team? >> reporter: even with brown,
they had an entire new receiving core, and that's part of the fones and something he has to deal with. williams who came from the chargers moves into the no. 1 wide receiver role. and we will see a lot of a kid named hunter. he was out of clemson and won a championship with the tigers. they really like him, and i tell you what this kid is a pretty exciting player. a slot receiver. he's not the biggest cat, but he's quick. and he will play a lot here tonight. that's one thing we will keep an eye on is the new raider offense. remember the runningback was josh jacobs, a rookie. a lot of new faces and it will keep everyone moving in the right direction. >> how important is the season for him? i don't want to say it's make or break, but he really needs to show what he can do? >> reporter: yeah. i think high does, and we've seen him perform as one of the top third maybe quarterbacks in the nfl a couple of years ago when the team won 12 game.
well, last year they lost 12 games, and not withstanding, he was subpar with the season. there's a lot of questionings about the ofinance. we know it starts with the quarterback, and i think he has something not to per se, prove, but certainly he's playing for a long term future with the raiders because it has been speculation that he may not be the guy once they move to vegas. >> well, you can see them lining, raiders and braurngoes happening in just a few minutes. thank you. you recognize the dirt on t i think it is a stadium that does that. >> qua. they're the only dual purpose stadium. >> and in the old days, growing up, you would see a lot of dirt on the field. you're there now, and as the raiders move, it will be the last season we see dirt on the foot wall ball field.
small fact, but you see the screen going off, and they got to get to the game early. it will be a breezy night at the ball park and it will be turnulence in the park as the wind comes over that lift. there's a life camera shot. thanks guys for giving me see these. kind of a fall-like weather pattern, rain to the north and mild weather. there's the rain and that's kind of giving us a cooler pattern close to us in proximity, and that trough weakens the high, and we have a flow, and that's where we are now with winds blowing out the golden gate bridge at 20, 25 miles an hour. we've got fog trying to reform at the coast, but it's having a tough time. and warmth. i say warmth not heat because fairfield 83. that's warm, not high. and you get the idea. 83 in fairfield, and degree warmer in concord. today like yesterday is how it
goes. places like that blowing pretty good, and napa 31 in nevada, and 28 miles an hour in oakland and then you got a little less wind to the south of us. breezy conditions out there and live camera shot, raiders are playing tonight. and it looks pretty good on the freeway. i think people avoid the freeway at that time of day and that time of week when you get a game going on there. just know out of the ball park it will be chilly with the winds coming up over the lift. we will see temperatures tomorrow like today, and then we get into the situation into wednesday where temperatures start to climb. and we will talk about air quality. in the meantime enjoy the fall weather pattern. football in the works and fall weather for the bill, thank yo a dramatic rescue off the coast of georgia. the coast guard rescued four crew members stuck inside a
massive capsized ship. the incredible details and video of the rescue up next speak. >> and coming up at 6, one family says it will call to the police for help to deal with their son's mental health crisis, but ultimately, it led to their death. it is filed against the entire city and sheriff's department. >> and caught on camera video, this is mind boggling, video of a tesla driver actually asleep at the wheel. needless to say this video and going viral. we'll tell you where it was taken.
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. investigators say the 2- month search for a missing woman has come to a tragic conclusion. they say they found the remons of the 33 -year old near her home in pleasant valley. authorities say they arrested her husband and charged him with murder. heather's mother says words cannot express her grief. >> my daughter one of the most giving loyal people i've ever known. >> i'm going to grieve for a very long time. i don't know that you ever can get over this. it's, it's like the world's worst nightmare. >> the couple had been married for just 4 months. homicide investigators say they have overwhelming evidence linking her husband to her killing. she was last season july 16th driving away from her home. dramatic rescue from a cargo ship.
this morning they landed a helicopter and crew on the ship. four people were still alive and trapped inside the ship. so the coast guard drilled a hole and got them out out. this savideo of the four crew members. the 4th crew member was rescued within the last 2 hours. the ship was as big as 2-foot balls field and had cars to be now rescuers are concerned about potential environmental impact. david miller has our report. >> reporter: the coast guard finds four crew members alive after they were trapped in carg ow ships. rescue is down and has a hole to contact the missing drew. >> once we got the first 3-inch hole in today, they were moving past water. and we were able to get them food and some fresh air.
>> reporter: all south korean nationals all believed to be trapped in the ship room. they put it aside early sunday and is stuck in a shipping channel. it was transporting 4,000 cars bound interest the middle east. a car on the ship has hampered rescue efforts. authorities say they're not only concerned about saving lives but the environment as well. >> the ongoing search and rescue operations, we have pollution and mitigation efforts in the works. currently i would say there's no active relief of pollution. >> it is a safety zone established, and ships were not authorized within half a mile of the golden rail. it's not clear what caused the mishap. one possibility is bad weather. hurricane dorian passed through the region last week. in new york david lee miller,
fox news. >> he coordinated the effort and say this was the best day of my 16-year career. it shows people clapping and cheering as the only man wearing shorts climbed out of the hole and stood up. a criminal investigation has been launched into the dive boat disaster that killed 34 people in southern california. officials now looking into potential safety issues aboard that boat. >> plus the city of san francisco is trying to buy pg&e's power lines. the multi-billion dollar check the city is prepared to write and what the city is saying about the offer.
the company that owns the boat. they raided the office of truth aquatics as well as the company's two other boats. they interviewed the captain and four surviving crew members. they're looking into various safety issues including whether a night watchman was on duty when the fire broke out before dawn. all but one body has been recovered. now to the south bay where super fun sights sites for housing are under partnership. three parcels are being sold to private investors. the epa says they will do their own work to expedite the cleanup of chemical combound in the soil and ground water. they will go forward to make sure the sites are safe for >>. >> it's the marriage of the private investment, working with epa to cloor it quickly
and in a protective way and allows for use of the property. >> the epa says it's a model that could be used at other sites where google wants to expedite the cleanup of toxins. they are trying to buy the power lines for $2.5 million. if the deal were to happen it would create the third largest municipal behind san francisco and sacramento. we are live with reaction from both parties. >> reporter: take a look. this may look like a big office building. what it is in fact is one of the most important power substations that pg&e has in all of san francisco, and it would be one of the many items up for sale if the sale should go through which is far, far from a done deal. the situation is such that if this deal does go through, pg&e would actually be headquartered in a city that no longer wants
. >> reporter: the business energy institute is one of the nations most respected energy economists. >> historically in california, municipal utilities have had lower rates than the investors on utilities. >> reporter: pg&e has lower cost of distribution in kilo watt in can francisco's customer jam footprint which subsidizes costs to rural and
suburban areas. >> this might be good for the people of san francisco but bad for the people of california for a whole because it would raise the costs for other people in p pg&e territory. >> reporter: now, one other note which is very important, pg&e, aul lthough it might invest some, it would mainly remain in its control. >> tom, thank you. the state senate approved changes today demanded by the governor, the controversial vaccine bill. it was approved and moves to the governor's desk. it came after a large protest. demonstrators came from across the state seeking not to sign the bill which approves fraudulent medical exemptions
for school churn. the governor called for more changes which led to a companion bill sb714. the bill would reduce liability for doctors and would give school children grace periods that could last several years on existing medical e emptions, but it urged the governor not to sign the bill. >> i just want my choice now. we're violent angry terrorists that don't want to vaccine our kids. >> it blocked entry for people into the capital, and right right now it's on the senate floor and both vaccination bills, we're just getting word that the governor just signed the bill. we'll have more on the story coming up tonight on the 10:00 p.m. news. they say they're willing to resume nuclear talks with the u.s. the needs before talks can begin. >> and plus the house and senate return to washington for the first time since three mass
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residents had to be relocated. thousands of students form chains outside of the schools of hong kong. they're pushing for prodemocracy reform after violent clashes in the chinese territory. high school students were seen holding hands for the second week forming chains that went all the way around outside their school. they were heard chanting five key demands not one less, the slogan for all of their demands to be met. korea says they're willing to start negotiations later this month, but first they must come to the table with satisfactions between north korean, or it will come to an end. it fell apart when president trump rejected kim jong-un's demands on relief for sweeping sanctions in return for partial
disarmament. the two met again in late june to restart diplomacy. >> they're putting pressure on president trump and urging him to support gun reform. the push comes as the house and senate return to washington for the first time since nearly 40 people were killed in three mass shootings roc the house and senate return to washington for the first time since nearly 40 people were killed in three mass shootings. but president trump also made what happened in ohio and texas today's focus at the white house. >> within 32 second of the start of the attack, these 6 officers ended the violent rampage and saved countless lives. >> reporter: president trump awarding the medal of valor to these 6 officers, each responding to the mass deadly shooting in dayton, ohio. >> they stared down death to protect the innocent.
>> reporter: and he awarded 6 officers with accommodations. they returned to washington expecting to make gun reform the top priority. >> too many americans are losing their live s to gun violence. too many families are just weeping. >> reporter: in a letter to president trump, the top democrats around the president to defy the national rifle association and support legislation to expand background checks. >> the president has been clear that he's bun a second amendment advocate, but there are things we can do in this country to help mitigate these problems. >> reporter: the debate of gun reform coming as the top 8 condats appear on gun safety urging stronger gun law tuesday prevent school shootings. >> it is time for action. >> we have to act. >> reporter: this week, all eyes will be on the senate majority leader mitch mcconnell
who said he won't bring it to the floor until the president let's him know what kind of bill he's willing to sign. aid is finally arriving in the bahama a week after hurricane dorian hit. many say it's not enough as the death toll goes up and thousands of people are missing. >> and it's another kind of mild to cool day around here. got one more of those tomorrow and temperatures start to climb back into the 90s. details of the 5-day forecast after the break.
. more than 40 people confirmed dead in the bahamas after cur hane dorian. it slammed into the bahamas as a category 5 storm and causing catastrophic damage. we are in freeport tonight to look at the recovery. >> reporter: 1 week after hurricane dorian tore the bahamas apart, officials expect to find more bodies in the rubble. 10s of thousands were also left homeless. residents say their houses were severely damage, but they are thankful to still have a roof over their head. >> water was 9 feet in my house, in my house so i'm just glad to be here. >> reporter: much needed aid is to be arriving from a variety of international sources. crucial supplies like food, water and medical equipment as well as extra man power to administer the aid and search
for remaining survivors. >> we have medical staff as far as doctors, and we have drone cape ability and make the search a little faster. >> reporter: but many are frustrated and accusing the government of the bahamas of dragging their feet. >> no government. us showing up to let us know, okay we're here. >> reporter: some areas just need more hands to physically clean up the debris. local residents are stepping up. >> it'stoday our focus is very much on clearing this section of road, cables, trees. >> reporter: private aid groups and corporations are helping out providing flights, meals and temporary housing. in freeport, bahamas, fox news. >> people from the bay area are also helping with relief efforts in the bahamas. this week, a group of bay area
nurses are traveling to the islands to help those effected by dorian. they have responded to other disasters like puerto rico and hur skein maria. they created part of the registered nurse response network, and she says the work is difficult but important. >> things have just been reduced to rubble. people still don't know where their loved ones are. people are, you know, injured. they have wounds that need to be tended to, so, just kind of preparing myself for the worst. >> the bay area nurses are going to the grand bahama island, one of the hardest hit by the hurricane. >> so we had a nice little day today, a little mild out there, a little breezy right now. the mostly sunny weather will continue, but temperatures tomorrow will be a lot like today which is cooler than you might anticipatime of year. not a ton of it, but we are looking for a warmup as we get
towards the end of the week. it is pretty warm, and this is the current temperatures in the south, southeast. the dial is at 93. atlanta at 94. this area right down here where my arrow is going around is really hot, and it's high humidity, and they're running some heat advisories and heat warnings and things like that. i cringe when i see 93 in dallas because i know the humidity is 80 something and gnarly existing in that environment. that's how it is for atlanta as well. temperatures hot as well for tomorrow in the south, east. it's systems to the north of us and you think what's that got to do with us, in medford, but wild as the high pressure gets weakened by that trough which is low pressure. low pressure bumps into it and weakens it a little bit. it's low temperatures, so it's been very pleasant, nice. and winds are blowing, and gusting to # and gusting to 30
in napa, gusting to 28 in oakland, out there by the ball game tonight. and they will have some breezy conditions inside if you're going to the game. if you're going to the game, they will have brosey conditions inside. tomorrow morning, cloud, low clouds and day like tomorrow is like today. so wednesday temperatures will start to come back up, warm up and really get going on thursday and friday. low pressure brought us cool weather sunday and continues with this next low pressure which brings us cool weather again tomorrow. and then then the high comes in, the high comes in and things wa up. the air is rising and not really doing anything. when the high comes un, the air starts to plummet, it can be high, high fire danger, and that's when you get the big offshore winds and red flag warnings. this does not appear to be that kind of environment. that's the same initial
pattern. that's what we really look for and worry about out of the east and northeast. 78 and 68. loo look there. it comes in too, and you will see temperatures basically cooling off. >> thanks, bill. the trump administration working overtime the defend the president's decision to cancel a meeting with the taliban which was scheduled at camp david. coming up why that meeting was called off. >> and coming up at 6, a family says police and sheriff deputies ignored their son's mental health and instead beat him. >> and also the ntsb slams safety repairs stemming from investigation into deadly south bay crash. how they are now responding.
. president trump is out on a campaign trail this evening as democrats preparing for their third big debate later this week. the president is on a campaign rally unsupport of a candidate in a special congressional election tomorrow. the top candidates will be in houston on thursday for their next debate. it will be 10 hopefuls on the stage because of tighter polling and fundraiser standards. >> our field is deep, but we're reaching a point where voters are differentiating, and candidates have to demonstrate progress as we get closer and closer to iowa and new hampshire. >> another candidate said he is challenging president trump in the former election. the former governor said he is running because he think the
republican party has lost its way. president trump presented a medal to police who responded to the mass shooting in dayton, ohio. they were in a popular area when he opened fire on people waiting to get inside a bar. he engage in action and killed him about 30 seconds after he started shooting. their swift response is credited to saving countless lives. >> today i'm honored to welcome you to the white house as we recognize several extraordinary heroes. they responded to the worst violence and barbaric hatred with the best courage, character and strength faced with grave and heroing threats, the men and women standing behind us stepped forward to save the lives of their fellow americans. few people could have done and even would have done what they did. >> the president also awarded
five civilians ser tirficates of commendation recognizing their heroic bravery at a walmart in el paso, texas. it was a meeting of the where the taliban that was canceled, and people are criticizing it right before the 9/11 anniversary of the attacking. >> we were working months with them for a deal. >> reporter: he had huge crit schism to extend an invitation to the taliban. the president revealing the plan on twitter saturday and said a meeting to discuss a war was canceled and negotiations to take place aft camp david was called off. >> we know trump.
he does something, and nobody tells him not to. and inevitably like north korea, it gets messed up. >> reporter: several people were killed in a taliban attack thursday at the afghan capital. >> they tried to use terror to improve their negotiationing position. >> reporter: meanwhile, he is urging caution. >> this group, i think you want to verify their them trust. >> reporter: he said quote this will lead to more loss to the u.s. >> the president was right in proceeding and right in capsuleing the meeting. i think he showed lot of backbone and instincts. >> reporter: he said it is up to them if they want to end the violence and continue talks. fox news. this is ktvu fox 2 news at 6. >> health bans under fire and
not making repairs fast enough, and the scathing report blaming the agency for a broken safety barrier that was a factor in a deadly crash. >> when the action had occurred this was not operable. had it been operable, the results may have been less severe. >> the driver of a tesla was killed in that crash last year on highway 101 in mountain view. good evening. >> and now the ntsb is criticizing them and says a safety barrier was in a safety crash 11-days earlier and hadn't been repaired. the deadly crash received national attention because it involved a tesla being driven on auto pilot. the exact cause hasn't been determined. it happened in less than 2- weeks involving a safety barrier that hchbt been repaired. hadn't been repaired. they are urging them to make
repairs faster. >> reporter: they say this broken freeway made a crash worse. >> when the crash occurred, it was not operable. had it been, the results might have been less severe. >> reporter: the safety recommendation report says as part of the investigation into the accident that killed a 38- year old engineer. they call on cal tran to repair things more quickly and have a better track. his model crashed on south bound 101 at the 85 split in mountainview. >> the vehicle got confused trying to find the lane on the left hand side and veered towards the middle of the road and that's when the caused the crash. >> reporter: ntsb officials says it has