tv KPIX 5 News at 11PM KPIX November 2, 2017 11:00pm-11:36pm PDT
police shoot and kill a man, was he a threat? the new body cam video, next. moments leading up to a deadly bay area police shooting. the question tonight: did the officer have to use lethal force? ken bastida. new video of the moments leading up to a deadly bay area police shooting. the question tonight, did the officer have to use lethal force?>> the das office just cleared the officer who fired the fatal shot. the family of the man who died, the case is far from closed.>> reporter: of course, there are
two sides to every story. we spoke to the family but we also asked to interview the district attorney and police and they said the footage should speak for itself.>> show me your hands today right now. >> reporter: in much of the body camera video, several officers plead with him to obey their commands. but he refuses, running and threatening to shoot himself. you can barely make it out. but investigators say the suspect comes towards an officer who first tries to use a taser on him before using his gun. >> i saw the video, it is a murder. that was murder. what i saw. >> reporter: richard somers, says police failed them that they. >> and never should've went that far. we called them three times that
they. we wanted to get him help.>> reporter: according to the district attorneys report, she believed her son was on drugs and wanted to kill himself. the suspect convinces police to leave three different times in one day. on the fourth call for service, jeannie montes threatens to shoot police. he had officers deciding to leave instead of taking him into custody for his mental health evaluation.>> 40 cop cars, they called everything off. that is when he hopped out the back window.>> reporter: what happened next was partially caught on this body camera video.>> the question in reviewing this, had the interview been done sooner, would this have happened? >> reporter: stephen clark says the da might have cleared the officer of a crime but a civil jury might not agree. >> from the officers point of view there was a gradual use of force, starting with a taser and that didn't work. then they use lethal force but
from the perspective of this person's family, they will say, this is a man and a mental health crisis. >> his mind was starting to go. >> reporter: they tried to get him help, but were turned away by hospitals and then they say ultimately, by police. >> we tried to get him help, my wife tried to get them to her country because they would not help him here. no one would help us.>> reporter: he did not have a weapon on him when he was shot and killed, police said they had no idea because he had managed to stab himself at some point and continue to threaten to shoot police. his parents say they are considering suing the department. it has been dry the past few months tonight, get ready for much-needed rain. paul says it is just the beginning. >> it is more what the pattern
change represents, the beginning of the rainy season. than what the storm will do. it will give us nothing more than scattered showers but we have more rain chances behind it. radar is clear, 3 am has scattered showers moving in, scattered showers will be the rule for the morning commute making roads wet and slowing things down. nothing too terribly heady -- heavy or widespread but shower starting overnight, no study or heavy rain but both commutes will be impacted. scattered showers will be with us all day. how much of the weekend will be wet? the hour by hour forecast is coming up. the most expensive iphone ever hits stores tomorrow. it is so hot that thieves stole a truck load, ripping off a ups truck in san francisco. kpix5 is live in union square, people are lining up for just a chance to get the new phone.>> reporter: there is a lot of enthusiasm for this new phone.
look at this, we have a line that extends past tiffany's, 70 people are camping overnight here at the union square apple store waiting the arrival of the new iphone 10. across the city at stormstown mall, customers there will be disappointed because 300 iphone tends were ripped off at $1000 a pop that is $300,000 worth of stolen merchandise. the ups driver tells police he just dropped off packages at macy's. he returned to the parking lot to get the next batch of boxes to deliver to the apple store and discovered someone broke into his truck.>> they had prided door open, he noticed that there were a number of boxes missing which were later determined to be the new iphone tends. >> reporter: a witness told police he saw several suspects wearing hooded sweatshirts taking the packages out of the truck yesterday around 11 am.
they loaded them into a white van and drove off. the heist seems carefully planned. >> it appears they knew what they were looking for. >> reporter: this is the latest in a series of thefts, if any are resold including the one stolen, apple is believed to have the technology to track them down. >> none of them will be able to be activated so they are kind of use less. when they turn them on they won't work. >> reporter: customers are camping out to get their hands on the first iphone 10. they will be released to the public tomorrow. it is the fanciest yet with facial recognition technology and a professional quality camera. employees were spending the evening getting ready for the big day tomorrow, the line continues to grow and the gentleman at the beginning of the line tells me he has been out here since sunday. an employee tells me most of the iphone tends to arrive here tomorrow will go to people who
preordered but there may be some left over. they don't know if there will be enough for this line. a new push from berkeley police to find suspects who went on an attack during a political rally the summer. they released these photographs, there is a person in a helmet, a bandanna and the one on the bottom left, that is a stomach tattoo. police hope someone will recognize it. the suspect attacked demonstrators at a rally at civic center park in late august. several attacks were caught on camera. if they are apprehended, they will face felony assault charges. isis is calling the driver who plowed down pedestrians on a manhattan bike path, a soldier of the faith. we have the latest, veronica? >> reporter: they made that claim in the newspaper as they piece together the actions leading up to the rampage we
are getting the first look at the moment it came to an end. this video of police capturing the terror suspect after an officer shot him as he tried to get away. police say he used a rented truck to drive down a bike path for a mile, killing eight people before crashing into a school bus. according to court documents, they found knives and notes praising isis in the truck. recovering to cell phones. they track the numbers on the phones and linked them to sympathizers of a radical cause already on the radar of new york police. according to the source, he called some of the numbers the day of the attack. five days before, a london based graphic designer were in his car for an hour. >> you don't get to know someone in an hour but you get a vibe from someone. there is nothing to give a sense of what was to come.
>> reporter: new york city began putting up concrete barriers to prevent cars from entering the bike path. so far, investigators believe he acted alone. the charges against him could bring the death penalty. new lawsuits against pg and e, from families in mendocino county who lost their homes to the redwood valley fire. the lawsuits claim the utility fame -- failed to maintain equipment and power lines. residents believe some came damaged in the wind and caught untrimmed trees and shrubs on fire. >> we are suing pacific gas & electric for their further -- failure to protect the public. putting process before safety. >> they say they are aware of the lawsuits coming but they say they are focused on helping communities rebuild and recover. the oakland mayor delivered her third state of the city address as an angry crowd demanded she deliver
something else. city workers stage a one-day strike ahead of that speech to call for better wages. the cities affordability crisis was a major part of the mayors message. >> reporter: oakland state of the city began with the celebration of cultures, hispanic, muslim and chinese. and a statement, to president donald trump as to why it was held in the islamic cultural center.>> we should send one clear message, that is that oakland welcomes and honors all people, all families, all communities. >> reporter: the theme of the speech was oakland resilience and the mayor highlighted progress in the city. starting with the police department and the creation of a citizens police commission in the wake of the recent
scandal.>> not only will they be able to actually hold officers accountable and advise on discipline, but they will also be advising on policy. >> reporter: the mayor counted the police department's role in four years of dropping crime rates. as well as you her complaints about abuse and misconduct. she says the city is committed to building 17,000 new housing units and protecting 17,000 families from eviction and urged residents to keep housing affordable.>> gie air bnb. fixup the back unit. >> reporter: during her speech she only made brief mention of the ghost ship warehouse fire. she offered up a moment of silence but nothing beyond that. the mayor says affordable housing units will be paid for by $200 million from voter approved measures.
president donald trump begins his trip to asia tomorrow, after a stop in hawaii he will travel to a half- dozen asian cities including tokyo, seoul, and beijing. he will meet with heads of state one on one and attend a regional summit in vietnam. ahead of the tall daytrip he has been getting briefings on economic and national security issues and on diplomatic protocol. president donald trump says the tax plan is a big, beautiful christmas present for the american people. it might feel like a lump of coal for california homeowners. >> reporter: this would be the first major tax overhaul in three decades. house republicans say it will cut taxes for middle income earners by democrats say the math does not add up. the plan would/individual tax brackets from 7-4. it would remain at 39.6% for the top rate but only apply to households
making $1 million or more. the median household making $60,000 a year would see it's rate dropped from 15% to 12%. >> with this plan, the typical family of four will save $1182 a year on texas. >> reporter: republicans want to double the standard deduction to $12,000 for individuals and $24,000 for married couples. they also want to expand the child tax credit from $1000 to $1600 and repeal the alternative minimum tax. democrats point out the gop proposal would also eliminate deductions for student loans and medical expenses. it would slice the mortgage deduction cap for new homes and half from $1 million to 500,000. the incoming president of the santa clarita of realtors says it is political payback for blue states like california.
>> we are being punished because our housing is expensive. that is not fair to any californian that has to by an average priced home.>> reporter: 401(k) contribution limits and charitable giving deductions would remain essentially unchanged. the most lucrative cuts would go to u.s. businesses including a permanent reduction in the corporate tax rate from 35 sent to 20%. the committee is expected to begin to consider the bill next week, president donald trump predicts he will sign tax reform measure before christmas. we asked californians, who do you think the tax plan benefits the most? according to our survey, 50% say wealthy americans benefit the most. 18% say corporations, we also asked with the tax changes influence your decision to buy a home? 35 point -- 35% say a lot, 35%
of respondents have a mortgage. if you work out at 24 hour fitness, you may have money coming your way. we found out the health club just agreed to a hefty settlement. over claims about shady sales tactics. >> reporter: that is right, prosecutors have been going after them for about a year and a half now. ever since the district attorney's office received a flood of complaints saying that 24 hour fitness went back on its word. >> to get a settlement from the largest fitness gym is a big coup for consumers. >> reporter: the district attorney's office says it was a deal that was too good to be true. 24 hour fitness promised customers a lifetime of a low annual rate if they paid a large upfront membership fee. the deputy district attorney said the problem is, in 2006 24 hour fitness changed the wording in their contract to be
able to raise the rate. that is not what members were told. >> the sales reps were making verbal representations that the rates would not be raised. >> reporter: some members say they were skeptical of the deal and shied away from making the commitment.>> i personally wouldn't, i like to pay month- to-month and see how things go.>> month-to-month is the best way to go. >> reporter: if you are a member who signed up, keep an eye out for legal forms coming in the mail, even if they have not raised your rate.>> when you signed the contract you need to file a claim now even if they have not raised your rate because they will.>> reporter: 24 hour fitness will have to pay a $1.2 million penalty plus cost and restitution. how much they get back is up in the air. it depends on the plan they were on and how many people come forward. they have issued a statement saying they are cooperating in the settlement but it has
denied any wrongdoing. a bay area news website was shut down, joe ricketts suddenly pulled the plug on sfs. and a network of other sites across the country just a week after they voted to unionize. in a statement he said reaching the decision was not easy and it wasn't one i made lightly. according to the new york times 115 employees across the network will lose their jobs. if you use google or facebook, alexa or seery you have artificial intelligence at your fingertips. the technology makes us more productive and efficient for -- some belief but experts warn it will destroy some jobs. >> reporter: from howell in
2001, a space oddity to ava, in the movies artificial intelligence goes haywire, runs amok or spells doom for mankind. science fiction, right? not if you ask you line musk. -- elon musk. whether or not ai will terminate humanity -- he seery? is ai going to kill my job. within 40 years it will transform jobs. killing some, creating others and disrupting the current livelihood of millions of americans. >> these technologies will affect everyone. >> reporter: michael mccue is a partner at the global institute. he says no one is immune, not even the boss. >> 25-30% of what a ceo does could be automated. >> reporter: any predictable automated activity is in danger.
ai machines and software are ready to rumble. a gardening bot that finds and destroys the weeds. nai driven kitchen assistant that kicks burgers -- kicks burgers. or an investment service driven by ibm's -- [ indiscernible ] >> we are processing 1 million news articles a day, the commitment is more than what an investment bank can do. >> reporter: on stage, they told the crowd a stanford student trained software to find dangerous skin cancers and accurately. >> even highly paid repetitive positions like a doctor or lawyer, they will find machines to pick up on the patterns and do or better.
>> reporter: after hours of practice, self driving cars are learning on their own to avoid hazards.>> human hazards are going away in the long run. >> reporter: what jobs are safe? >> i don't know about you but anytime i call call center and i get an automated i asked for representative rate away. any job that involves interpersonal relationship will continue. it will be increasingly important. >> reporter: such as registered nurses, teachers and team managers, creative work involving expertise including coders, personal trainers and hairdressers.>> i think humans have many good years left.>> reporter: ai will create more high page -- pay jobs. >> those are high education, high-tech jobs go>> reporter: a stanford person dutch professors -- professor says they will not last and jobs will suffer.
one approach, retrain the workforce. you dow city is offering entry- level nano degrees for self driving cars. >> it was a lot of work to come in with little programming experience.>> reporter: he believes the effort has to go deeper and further. >> if we don't cut --, we will have a growing, displaced working class that is angry and unhappy. >> i do like the robot that picks up the weeds. that is technology we can all use. here is a look at the winter storm warning for the sierra, maybe they can plow the highway because they will need it. heavy, wet snow starting tomorrow. up to 20 inches of powder. overnight tonight, looking at the mid-50s for oakland and concord, livermore 52.
napa 51, sunrise tomorrow 7:37 am, that is earlier because we are falling back. we are also falling back into a wintertime weather pattern. scattered showers, raining at a good clip in the pacific northwest, giving us a shower chance as soon as tomorrow morning. not that impressive, not that heavy, not that widespread but scattered showers and in the morning and evening commute, plan on scattered showers throughout the day. is -- a line of showers will develop while you are sleeping. it works its way from north to south and the good news is, it is gone by lunchtime, even sunshine north of the golden gate saturday afternoon. sunday the majority of the rainfall will stay in mendocino and lake county. 75% of the weekend will be rain free. saturday morning you will get rain that is about it. scattered showers tomorrow, a
little less in san jose and san francisco and in the saturday rainfall, it is not much on average, one quarter of an inch but the beginning of the wet season and a wetter pattern. scattered showers tomorrow, rain is done by saturday. sunday, mainly dry except for evening showers. highs tomorrow 67 in sunnyvale, 63 hayward, maybe jacket weather. 60 san francisco, berkeley, richmond 62 and 68 in st. helena. scattered showers friday, morning light rainfall saturday, most of sunday we are dry and another round of rain wednesday and thursday. this is the overall pattern, remember 80s on sunday, gone. >> that feels right. >> it should be that way in november.
job.. what would you do? one twit if it were your last day on the job, what would you do?>> one twitter employee committed social media sabotage. they knocked president donald trump off twitter. his account was deactivated around 4 pm, lasting for 11 minutes. people who tried to visit got a message that said this page doesn't exist.
twitter believes it was intentional. they say, through our investigation we have learned this was done via twitter customer support employee who did this on the employees last day. we are conducting a full internal review. the 49ers lose another player for the rest of the season, he has been their best player. the warriors did themselves a huge -- dug themselves a huge hole, can they dig out? ♪ what if home security was different? what if it looked different? what if the measure of working, was that you never had to think about it. ♪ what if it was so easy to use, you actually used it. [alarm] you have 3 minutes to exit. what if it gave you time,
finally starting to play like it..a blowout of the clippers on monday, and tonight..the spurs, after tonight's game, gregg popovich called the warriors the best team in the world and they are starting to play like it. a blowout with the clippers, tonight the spurs. clay is shooting 51%, 44% from three-point land. it was all san antonio earlier, they led by 19 points but they came back. 3rd quarter, warriors of 5, 16 points, 4th quarter warriors up by 9, hitting the long three- pointer. warriors hand the spurs their fourth straight loss. it has been a tough season for reuben foster, the linebacker suffered a sprained ankle, bruised ribs and back spasm that limited him to two games.
>> i had bad luck, hopefully the luck will give me a green leaf clover and i have somewhat from now on. >> he could use it, it could be worse. just ask pierre garcon who will miss the rest of the year with a neck injury. he was a leading receiver, the bright side, they expect him to return following the by game. but the same time, we will see jimmy g. shad larry is the $6 million man picking up his option after he banged out a team record 49 doubles last season and more good news, this from an oakland product. lillard wins, four points in 28 minutes.
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♪ that adjusts on both sidesumber semi-to your ideal comfortly bed your sleep number setting. and snoring? does your bed do that? right now during our semi-annual sale, our queen c4 mattress with adjustable comfort on both sides is only $1499. save $300. ends soon. visit sleepnumber.com for a store near you. tomorrow morning at 4-30. michelle griego and kenny choi will have all the news you need.. to start your day. good night.
the late show with stephen colbert is next, our next newscast is tomorrow morning at 4:30 am. >> we have all the news to start your day, good night. captioning sponsored by cbs >> the c.i.a. releasing nearly half a million more documents providing an inside look into slain terror leader osama bin laden's life. bin laden had kids films like cars and chicken little and watched viral youtube clip charley bit my finger and several crocheting tutorials. >> the cozy is a lovely way to warm up the cave you are hiding in. as you can see, i've mostly used the moss stitch here, the workhorse of the roche stitches. to connect the front panel with the rear, use a slip stitch, then backloop, slip stitch,