tv News at 5pm FOX December 22, 2014 5:00pm-6:01pm PST
cell phone to contact ray mcdonald. then the conversation police had with ray mcdonald. he writes just happened. we were just enjoying the moment. later on he wrote i don't understand why you are bothered. you chose to stay with me for another day. i felt like we had a connection and we like each other. the victim hung out with ray mcdonald the next day and went to the store with him to buy more alcohol. >> she may have consented. the question is, was she too impaired to give consent. >> reporter: he says these cases are difficult to prosecute. it will come down to how drunk was she and did ray mcdonald know she was intoxicated. aldon smith was at ray mcdonald's house with the victim. he may have to testify if it goes to court. >> she someone the police are going to want to talk to, find out what he knows about what ray mcdonald knows. >> reporter: we reached out to ray mcdonald and i spoke to a
man claiming he was ray, he told me he could not comment on the case and hung up. ray's mother said she is flying here from florida to be with her son during this time. back to you. >> thank you so much. reporting live in san jose. a survival story. a window washer falls 11 stories and survives. ktvu's christien kafton pet with his family today -- met with his family today. >> reporter: his wife and daughter say they are worker hard but their income is less than half of the window washer's. they are hoping the public will help. [ speaking foreign language ] >> we need help during this time of recuperation to maintain our family. it is not easy to be here
asking for help. >> reporter: while the family does have insurance to cover the medical costs they are struggling to make ends meet without his income. at first his wife says she was told he died. the family says he suffered a broken pelvis, ruptured artery, broken bones, kidney damage and head drama. she recovering but cannot move his arm or leg. he will be leaving the hospital and moving into a rehab center to help with his recovery. his wife and daughters are saying without his income they are struggling to pay their bills, even after their daughter dropped out of school to work full time. >> we need it pay the rent, our utilities, insurance, clothes, groceries and -- we are just barely scraping by.
>> reporter: the family had a go fund me site set up to raise $10,000 for the family. that went live last night and it is up to $2,600. we have a link on www.ktvu.com. >> i know he is in the hospital but has he said anything. >> reporter: he said he doesn't remember anything about the fall. he doesn't remember working up and going to work. osha is investigating what led up to the accident in the first place. >> thank you. the evening commute is fairing better than it was this morning. traffic was snarled on southbound 101 for hours this morning after a huge rock and mudslide. ktvu's noelle walker is live where the rock slide wasn't the only problem there. >> reporter: no, it wasn't. the rock slide was the after effect of the storm but other problems could be made worse by
the next rain. >> reporter: exit 101 to mill valley and you will find an incident car wash. >> come here for the sun. >> the road to the beach is flooded. >> looked like it rained. i don't remember this water yesterday. >> reporter: even when there is no rain. he is getting his feet wet studying the tides for flood control by where they catch their lunch. next to the freeway. >> it is a losing battle. right? forced by oceans and the moon. >> the roads were built in low lying areas. they don't need the king tied flood. >> this could happen every day when sea level rise. at that point i think people -- [ indiscernible ] >> reporter: to figure out how to make things drier in the future. >> it is just tides.
if you had a storm you would get waves that are a foot or two. till you get waves battering in, sweeping across the freeway. >> reporter: commuters on 101 south felt the effects of recent storms. >> this is big. >> reporter: a rock slide at 2:00 a.m. covered 2-4 lanes. >> this is a large chunk of the hillside. >> tractor size boulder and turned traffic into a traffic jam for hours. no student traffic, the perfect time to make flood repairs. >> big lake in my classroom. >> reporter: her class was one of several that flooded in this new school. >> i was surprised. everyone was. they are working hard to fix its a we speak. >> reporter: trying to make sure the school is as good as
new. >> reporter: i am sure the teachers and administrators probably are thinking not so much. >> not so much. big inconvenience if the drivers. thank you. an uber driver charged with fatally hitting a six-year-old girl in san francisco a year ago faced a judge today -- faced a judge today. he pleaded not guilty to voluntary manslaughter charges in connection -- vehicular manslaughter charges in connection with the accident. she was crossing the street when she was hit. >> this has been a devastating -- had a devastating effect on their family and they want to see through every aspect of how the courts are dealing with it from civil to criminal. >> we are always looking to consider negotiated dispositions with the prosecution. >> reporter: the judge denied a
move to have his license suspended. he is due in court february 3. new york city and a call for a halt to police protests after the ambush killing of two officers. the mayor asked for demonstrations to be put on hold while the community groves. >> reporter: a city is grieving the murder of two new york city police officers killed because they were members of law enforcement. >> the assassination was an attack on the city of new york, on our values, our democracy. >> the officers wenjian liu and rafael ramos were sitting in a parked car when the gunman ismaaiyl brinsley walked up and started firing. killing the men. wenjian liu a newly wed served 7 years. rafael ramos a father of two
had two years on the job. >> we don't want anything to divide us from how much we appreciate the men and women who wear a blue uniform every day. >> reporter: the shooter said through social media he was seeking retaliation for the deaths of eric garner and michael brown in ferguson, missouri. since the police executions tensions is increasing between police unions and the city's bill de blasio. >> it was wrong to imply this involved race. >> reporter: leaders are condemning the killings and calling for calm. >> if we are going to give the people what they want and need we can't just stir up emotions. >> reporter: president obama denounced the killings in a statement, adding police
officers deserve respect and gratitude. in washington, fox news. a san francisco police chief is expressing his condolences for the fallen officers in new york and he assured the officers will not shy away from his duties. >> there will be no interruption in what the men and women of the san francisco police department will do for the city. we are going to do what we swore to do, keep the city safe. >> he issued a safety alert for his officers after the killings and officers will be traveling to new york to pay their respects. teenager is dead and another taken to the hospital after a head on crash at 4:30 a.m. ktvu's alex savage explains what happened. >> dramatic scene along highway 4 this morning following deadly
crash -- following a deadly crash. this truck was left teetering in danger of falling over the edge. behind the wheel a 17-year-old boy who was killed on impact. his passenger was taken to the hospital and she will survive. it took crews hour to remove this truck. the highway was shut down and so was the road below. >> it dime rest on the k -- came to rest on the k rail. as a result of that we had it shut down the entire roadway. >> reporter: this accident happened around 4:30 a.m. this morning. the chp says the teen drifted into the oncoming lane, colliding with this work truck. the truck rolled several times before it came to rest. it may take time figure out why the victim lost control. >> we will try find the driver's background, what he
was doing in the last 24 hours. hopefully the passenger can add information to that. his whereabout, activities. >> the work truck involved had extensive damage but the driver was not hurt. >> that was ktvu's alex savage reporting. this afternoon we learned the name of the victim, mario castro from houston. police say two pitbulls went on a violent rampage, the attacks in the neighborhood and the search for the person who unleashed them. >> what to expect for your holiday and the rest of the work week. >> and president obama weighing how to respond to the sony cyber attack and why lawmakers say the stakes are extremely high.
joe cocker died after a long battle with lung cancer. [ singing ] >> we know that song. his rendition of with a little help with my friends, known for his voice, he created 40 albums during a career that spanned 40 years. in 1983 he won a grammy and an oscar for this duet that was used in an officer and a gentleman. [ singing ] >> the singer's agent said he died today in his colorado home. on twitter ringo starr wrote
good-bye and god bless to joe cocker from one of his friends. north korea is suffering a internet outage today a week after the controversial hack on sony. president obama has promised a response to the attack but there is no word on whether the outsubject part of that response -- outage is part of that response. why lawmakers are upset about the president's handling of the situation. >> reporter: president obama is facing more criticism over his response to the cyber attack on sony pictures. last week the fbi concluded the north korean government is responsible. some lawmakers say the president has bib slow to -- been slow to respond can down playing the incident. >> the president, to call it vandalism, a petty description which was an assault. >> the white house said president obama is going over a
range of options the u.s. can take that includes putting north korea back on the list of terrorism but the government is warning of strikes against the u.s. if it retaliates. >> when is the next attack coming? this is the first act of cyber warfare that has gotten a lot of attention. how the president handles this is very important. >> reporter: s a the president considers his next move sony is still looking at ways to release the interview. the company canceled the release in the wake of threats to u.s. movie theaters who opted to run the film. >> what sony has been trying to do is get the picture out to the public but at the same time ensure the rights of the
employees are protected. >> reporter: sony ceo said it did reach out to the white house. fox news. state attorney general kamala harris issued a consumer alert on location services. some apps can access your location all the time, even when you are not using them. it might be always on. that could be worrisome, if not dangerous, especially for victims of stocking or domestic abuse. if you want to disable, go to settings, location and uncheck the boxes. to disable tagging click on the icon and set to no. a big gesture by an oakland raiders player to a lilt girl with a heart -- little girl with a heart condition.
she has been through 14 surgeries. she spent this weekend with the oakland raiders. becoming captain and the day, going to the game and eating lunch with the players and getting signed gear and a raiders tackle gave the family his game check, $18,000. >> great. well, we looked outside and saw something we haven't seen for a while, a big giant orange thing -- >> what is that? >> people were taken off guard. for 10 days we had significant rain and clouds. got up to 67 degrees. 68 degrees. not only was the sun out but it was very warm as well. what a disparity between last week and today. next couple days we will get a dry out here. fog back in the forecast. why? the ground is wet and the days are short. we pasted the shortage day of
the year and now the days are getting longer. there is enough to cool down and get temperatures in the dew point range. plenty of fog. clear outside right now. a few clouds out there but not much. current temperatures, 64 concord. not bad. 63 santa rosa. 69 in santa rosa today. 69 degrees. one degree short of 70. fog in the forecast. first place inland bay valleys. sacramento valley. dense fog advisories are in our future. 5, down there, towards bakersfield. around here, the usual pockets. you will see it in the east bay and south bay valleys as well. once the temperature cools to the dew point, dew point is the temperature, once you cool it to the dew point, poof, fog forms. dew points in the 40s. temperatures in the 40s. lots of fog along the coast.
pardon me, along the valley. i bring it up because you are traveling. fair skies over head. partly cloudy, partly sunny. the ridge of high pressure protects us from the rain through wednesday afternoon. wednesday night, a chance for sprinkles. nothing big. so computer model won't show rain, you will see the fog build up in the valley. midnight, one a.m., 2:00 a.m -- 1:00 a.m., 2:00 a.m. that is the valley fog. it is going to be there, it is going to be here. i guarantee you will see fog inland. no coastal fog. good looking forecast. tomorrow 67 livermore. warm. warmest day tomorrow. temperatures trend down with a few more clouds. tomorrow will be a sprink like day. enjoy it.
hope you have this week off. the five-day forecast with your bay area weekend in view because it is around the corner. holiday week. there you go. fog is the big story. a chance of rain, nothing. not a big deal. i don't think it will cause problems for anybody. may not happen. we will dial that in at 10:00 p.m. tonight. heading up to the snow you will be in the fog. >> later is better. early morning, it will be there. >> thank you. a road block to get driverless cars on the market, why the dmv will miss a key deadline. >> julie haener is here now for what we are working on for 6:00 p.m. >> coming up, a sheriff's deputy accused of choking a hospital patient and lying about it. >> unacceptable. won't be tolerated. >> the evidence prosecutors and even the deputy's supervisor uncovered that landed him in handcuffs.
every day is a new opportunity to help make life better right here in san francisco. whether it's helping local businesses like the fruitguys grow and prosper, supporting nonprofits like juma ventures as they fulfill their mission or helping neighborhoods like the tenderloin become vibrant communities. if there's a way to help the people of san francisco thrive and succeed, we'll find it. that's the power of local connections. that's bank of america.
showed a gun and forced their way inside before making off with cash and purses. pope francis stirred up controversy a critique. he delivered his christmas message message today. he listed what he calls the 15 ailments that included pettiness and the lust for power. and leading hypocritical double lives. he invited them to a true self examination for christmas. >> there remarks were greeted with an icy representation. some believe it is another example on how reforms are facing resistance. cuba welcomes the package offered by president obama, that is what havana said today
in its response to improve relations with the united states. cuba is open to every one of the policy changes announced last week by president obama. the plan includes expanding trade and easy travel restrictions to and from cuba and president obama wants toreopen the u.s. embassy. california's dmv will miss a deadline to establish rules for driverless cars. they were supposed to publish those rules before they could hit the market but they say the technology so new there aren't accepted safety standards and without standards it is difficult to establish a process. they want consumer groups and leaders to meet for a work shop. 7 companies are already testing prototypes. quiet sunday morning takes an unexpected turn when two
complete bay area news coverage continues right now, this is ktvu channel 2 news at 5:00 p.m. >> a quiet sunday takes a turn after two dogs attack people and their pets. tonight police are still looking for the owners of the dogs and police say they had no choice but to shoot and kill the animals. ktvu's paul chambers is live to walk us through what happened. >> reporter: i will tell you police say they got a call two pitbulls were running wild sunday morning. the two dogs went on to injure two people and three dogs before police had to shoot and kill the pitbulls. >> no one wants to go out and shoot dogs and we don't want to see dogs go out and -- you know
-- >> reporter: the two dogs attacked sunday morning. the injuries were so severe it had to be put down. four hours later another attack happened to a man in his 60s and two smaller dogs. s a the man tried to separate the dogs the pitbull attacked him, causing the man to fall into the water. the man was taken to the hospital and his dog had to have surgery. the pitbulls were found by police, officers tried to use his stun gun but when that didn't work he shot and killed the animal. police were left with no other choice because public safety comes first. >> if they weren't able to handle the situation at that time there would be other victims. >> reporter: police want to remind you you have options for
unwanted animals, calling animal control or call a shelter and they are looking for a driver of a blue toyota pick up. ken? >> terrible situation. thank you. california has new state supreme court justice. they confirmed governor jerry brown's latest. she will nee second african american woman to serve. -- be the second african american woman it serve. she argued 12 12 cases before the supreme court. the newest case happened in the delores heights neighborhood yesterday morning in the same area where four other cars went up in flames. investigators are trying to determine if the same person who is responsible for all of
the car fires, no one has been arrested. you noticed the falling gas prices. the lowest they have been in 5 years. and could still go lower. ktvu's tom vacar looked at how that is helping consumers buy more. >> reporter: she is amazed at lower gas prices. >> i think $60 filling up and now it is $40 or 45. so it makes it better to get around. >> reporter: across the nation today the average price for a gallon is $2.39. a far cry from $3.24 a year ago. 85 cents a gallon cheaper. in the bay area, $2.81. a year ago $3.60. 79 cents cheaper. >> this is a fast drop.
>> reporter: add in the cost of the fuel to ship everything you buy to the stores or home, the average californians consumes one and a quarter gallons a day. >> that is $40 million a day in the california economy that wouldn't be there otherwise. and that is showing up in markets, gifts. and other places. >> everybody is surprised when they fill their tanks. >> reporter: he sees it in the many people choosing to buy bigger cars. >> i think people are driving what they wanted versus what they felt they needed. >> cadillac escalade, 13 miles a gallon in the city, 18 on the highway, sold out. i mean really sold out. >> we have had sold orders for five months now. s a they come in, that is not a
sold order it is gone in 48 hours. >> reporter: good feelings everywhere around. >> the gas has gone down, excellent. everything is working out well. everyone is happier. from what i see. for the record gas is $1.86 cheaper than its all time of $4.67 in october two years ago. tom vacar, ktvu channel 2 news. the faa is launching a drone safety campaign. officials with the federal aviation administration expect drones will be a popular gift this year. they are urging new pilots to check out the website, know before you fly and fly responsibly. among the tips, always inspect your drone before take off. fly below 400 feet and avoid airports and aircrafts. coming up short, why a
charity that provides families with toys for christmas may not have enough this year and one group of children that is often forgotten. >> water from the bay sneaking over the edge of the embarcadero. the winter phenomenon and the hazard. >> take a look that crowd that is beginning to gater here in concord. -- gather here in concord.
one charity was filled this morning for parents that need help. the doors opened today buts a ktvu's janine de la vega reports there may not be enough toys to go around come tomorrow. >> reporter: important instructions for santa's elve whose went to work this morning. they are taking stress off these parents who are struggling to get by this holiday season. she a single mother, unable to work because of a spinal injury. she signed up to receive gifts for her girls. without it, the holidays would be depressing. >> i don't have a job right
now. it helps me. >> reporter: they are collecting toys for 5800 children. but organizers estimate they still need 3,050s. more families registered this year compared to last. >> we will be digging deep. do shopping right now, raise additional funds. we want to make sure people can drop off toys for families that are doing what they can to get by. >> reporter: some were lucky enough to take home bicycles. this morning several people drove up and dropped off gifts like this couple who spent $300. >> every time we do something for the kids, a lot of these kids, they don't have fathers, the mothers are taking care of them. they need help. >> thank you. appreciate it. >> reporter: they are short on gifts for teenage boys and
girls. if you would like to donate you can come down or donate online. gee www.ktvu.com and click on web links. janine de la vega, ktvu channel 2 news. ups says today is its busiest day of the year and expects to deliver a record number of packages. the company says the drivers are delivering 34 million packages just today. that is the highest on a single day in the company's history and it is double the number of deliveries on an average day. it prepared for the holidays and hired 95,000 seasonal workers to help keep up with demand. san francisco international airport restaurant workers are voting on a new labor contract. it comes two weeks after a two day walk out. they say the six year contract has pay increases, better healthcare coverage and pension
benefits. no word on the vote, however it is expected to be ratified. tool to keep police ahead of criminals but it is capable of pinpointing anyone's location. what we know about the technology and the bay area agencies that are using it and trying to upgrade it. >> advenes from last week -- a difference from last week and now we are drying out and the fog is coming back and that will have an impact on your holiday travel. we will look at that right after the break.
finally a break in the rain. let's check in with our chief meteorologist bill martin who says it got warm. >> it got -- [ talking at the same time ] >> 69 in santa rosa today. much warmer. last week and before that and before that rain and last week flood warnings, a big change around here. it is good. we need the break and there is rain in the 5 day. showers. what we have outside. you can see the jets stream. the clouds up there, that is where the jet stream is. it lives up there. that is where the weather is. we were getting so wet it was living right here. upperlevel winds. tough. like a river of air in the
upper atmosphere. 20,000 feet or so. where the atmosphere is pushing the moisture at us. that is not the case right now. showers are north of here. the fog will be the stories a we head into the holiday -- story as we head into the holiday. these are the current temperatures. buts a heather points out, right now -- but as heather points out, right, they were in the upper60s -- upper 60s, warm during the day, tomorrow things shift around. this high pressure sets us up with the warmth. it also sets you up with valley fog. you know the deal. this time of year you get rain and it clears up and then you get the fog and the fog lingers till the next rain. maybe wednesday night. light chance of showers. something to break things up. there is the high pressure. there will be clouds over the
top of the high pressure. next couple days i wouldn't say mostly sonny -- well tomorrow -- sunny -- well, tomorrowy will be mostly -- tomorrow will be mostly sunny. i ran the computer model through, i made a mistake. i wanted to show you the wednesday chance of showers. this is through to sunday. when i come back at sick p.m. i will -- 6:00 p.m. i will stop it at wednesday. christmas forecast, cloudy in the morning. partly cloudy skies in the afternoon. and then by later on the next day, partly cloudy to partly sunny. not a big change. low 60s. highs tomorrow, significant in that they are above average for december. highs in theurts and upper 60s tomorrow -- in the upper 60s
tomorrow. no coastal fog. beaches are nice. [ talking at the same time ] >> the week look goods. a chance of showers wednesday night, not a big deal. it will break the fog up. >> you are ruining it -- [ talking at the same time ] >> thank you. new at 5:00 p.m. a community is gathering to thank a man who lit up their neighborhood for more than 30 years. ktvu's claudine wong is live in front of the home of mr. christmas. [ singing ] >> reporter: that's right. this crowd started gathering 20 minutes ago. look at this crowd in front of this house. this house belongs to bruce, he
is knowns a mr. christmas. there is 14 different timers. everyone is patient here. they know they will come on before 6:00 p.m. there is a ton of people here. the reason they are here, in 1978 the lights came on for the first time and they have been on ever since but this will be the last year. i will squeeze past you, if i can. how are you? i told you i would find you. tell me, what do you think about this crowd? >> it is like 5 days of crowd in one night. super. >> reporter: i have been talking to the folks who tell me all of them say when i was a kid i came here, this is something i do every year. this is your last year, tell me about it being your last year. >> physically i can't do it
anymore. i had a heart attack in august and i had back surgery in january. i can only stand up 7 minutes and i have to sit down. otherwise i will fall down. >> did you think they would come out -- >> no. no. i didn't realize so many people. are where-- where do they find parking spaces? >> reporter: i don't think we can see all the folks. there is so many of them. they made signs. they are singing carols. they made you a blanket. do you do your lights because of all the people or because you love this? >> yeah. >> why do you put them up? >> there is a tradition throughout the years and people enjoy it. >> reporter: i read about you, you grew up in south dakota on a farm with no electricity. >> that's right. >> reporter: amazing. all right. when are the lights coming on?
>> 10 minutes. >> reporter: 14 different timers? >> yeah. >> reporter: what is your favorite part? >> my holly leaves. santa claus. santa claus and reindeer, this year the lights are out on some of them. you have to bear with it. >> reporter: i think it will be fantastic. all right mr. christmas. 10 minutes it will come on. we will show you what everyone has come here to say. here to see. back to you. >> thank you. bay and coastal waters surgeds a the bay area got the highest tides of the year. the king tied is expected to bring unusually high tides through tomorrow. they peak today at 11:00 a.m. this morning. this is what it was like along the embarcadero. the waters ran across sidewalks and into the streets.
>> a natural phenomenon. usually combined -- usually combined with the winter storm swells, we get to see what it looks like to have the bay breached. >> the coast guard expects some swells to rise to 7 feet they are warn -- 7 feet and warning of dangerous rip currents. tool police use to track down criminals. but could it track anyone? what we know about the stingray and the concerns your privacy could be at risk. >> julie haener is here now for what we are working on for 6:00 p.m. >> he admits to setting 13 fires within days of each other, now she back in court, how long he will go to prison for the string of fires in downtown san jose. plus he fell 11 stories on to a moving car and survived. now we are hearing from his family about their challenges. these stories and much more coming up new at 6:00 p.m. of shaving stuff.
lifeand thankfully, of shaving stuff. being able to find backups. what some are calling a new high tech war involving electronic surveillance aimed at keeping law enforcement ahead of the bad guys. it involves a stingray that can pinpoint cell phone signals within feet. some police departments are working to upgrade it to make
it more effective. ktvu's christien kafton spoke with a man who knows their power and wants to bring them out of the shadows. >> reporter: the stingray, a device that acts like a cell phone tower forcing phones to route through it and allowing police to pinpoint a phone's location. three bay area law enforcement agencies are using the technology can now two are applying for an upgrade. what the device is capable of and what happens to data collected is unknown. >> with devices like this you will not see a phony tower on the side of the road, these are devices that you will not see. >> reporter: it helps authorities -- helped authorities catch a man for
filinged forulent tax returns. -- filing a fraudulent tax return. the stingray is mounted inside a police vehicle, and fooling mobile phones to connect with it. officers say it can triangulate a phone to within 9 feet. they are trying to purchase an upgrade called hail storm. they applied for a $535,000 grant. it will allow them to track the latest models of mobile phones. >> i think it is a great idea. >> reporter: he says police are in a arms race. >> law enforcement looks at this whole areas a competing with what the bad guys are doing. they feel they have to keep up to that speed. >> memos from police show 40
cases where it was a key tool in catching outstanding suspects but there are more questions than answers about the capabilities. documents don't offer many details on how they are protecting personal privacy. >> law enforcement agencies have the devices, are using the devices, but we are not sure how they are using them, how frequently they are using them. >> reporter: anyone near the stingray could have their signal intercepted. >> somebody who happens to be on a street will be caught up in this because of where they just happened to be. >> reporter: in documents an fbi agent confirmed it could pick up information from any cell phone that is nearby. >> these third parties have nag do with -- have nothing to do with law enforcement investigation and they are
having their phone's searched. >> the manufacturer, the device isn't listed on their website and the buyers have to sign non-disclosure agreement. there is no word on when the district attorney, police will be upgrading to the new system. christien kafton, ktvu channel 2 news. now at 6:00 p.m. a bay area sheriff says his department moved swiftly when a deputy was accused of choking a patient. >> and more about two teenagers who veered into traffic killing one of the teens. >> former san francisco 49ers defensive tackle ray mcdonald said he did nothing wrong but documents reveal a woman's accusation that she was too drunk to consent when she spent the night at his house. >> complete bay area news coverage starts right now, this is ktvu channel 2 news at 6:00
p.m. >> achieved charged with perjury and assault after he smoked a hospital patient and lied did you tell -- smoked a hospital patient and lied about it. -- choked a hospital patient and lied about it. >> he is facing four felony charges after a incident involving a hospital patient. ktvu's david stevenson spoke to san francisco sheriff today about the investigation that lead to the arrest of one of his own deputies. david? >> reporter: the sheriff said his department acted quickly when questions rose,plerly when the -- arose, particularly when the report didn't match information. >> the assault happened at san francisco general hospital. a sheriff's deputy is accused of choking a patient and lying about it. >> unacceptable. won't be tolerated by the department. >> reporter: he spoke to us about the 33-year-old deputy.