tv KPIX 5 News at 11PM CBS May 9, 2017 1:37am-2:13am PDT
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the bay area's sinking skyscraper. 's been deceived. now at 11:00 the super bowl mvp once promoted the bay area's sinking skyscraper, but he said he's been deceived and tonight he's going on the defense. good evening. i'm veronica de la cruz. >> i'm ken bastida. kpix5's susie steimle is at the millennial tower with the details of this lawsuit. susie? >> reporter: well, ken and veronica, tenants here at the millennial tower have expressed concerns for their property value and their safety and that's why so many of them have filed lawsuits and joe montana says he supports those concerns, but he's also trying to protect one thing in this lawsuit just announced and that's his reputation. after being one of the first people to positively promote millennial tower, joe montana now joins a long list of
tenants suing for their negative experience. montana's lawsuit alleges the tower has sunk a total of 16 inches since 2008, that developers knew about it and failed to tell prospective owners like himself. >> we all know the millennial tower is sinking and tilting. the millennial partners have yet to address this in any meaningful way. >> reporter: the san francisco supervisor has been leading the charge against millennial powers in a series of hearings trying to figure out what went wrong and if it's fixable. >> i have now held six hearings at city hall. it has been extremely frustrating getting information from our own building department. from millennial partners. from their engineers. kpix5 legal and political reporter melissa caen said what makes this lawsuit different than the other tenants' is that joe montana helped promote the tower in 2010 in exchange for residency which means he could be on the hook for lawsuits himself. so it's a good thing that he has a lawsuit out there where
he's saying he wasn't part of this scam and didn't know this either. it's clear he was duped just like everybody else. the montanas originally purchased unit 41c inside millennial tower for $2.7 million. this new lawsuit calls that unit unmarketable, uninhabitable and valueless. >> i know people are very, very concerned. >> reporter: tenants like jim and sandra robbins just want to hear clear answers and hope they'll be able to keep living here. >> we're sorry for all the suits. we still enjoy living here. it's a wonderful place and we have hopes that they'll fix everything that is necessary. >> reporter: supervisor aaron peskin tells us eventually one of two things will happen with this building. it will either be retrofitted or red tagged and people would have to move out. either way people may have to be out of this building temporarily. as for millennial partners, we did reach out to them for comment on this story and they did not have one for us tonight. live in san francisco susie
steimle, kpix5. tonight the jury in the sierra lamar murder trial reached a verdict. we will learn that decision tomorrow morning. antolin garcia-torres is accused of kidnapping and killing the morgan hill teen five years ago. sierra's body has never been found. the prosecution built its case on forensic evidence. the defense suggested she ran away from home. the jury is schedule if convicted, garcia-torres faces life in prison or the death sentence. the jury is scheduled to reach that verdict at 9:00 in the morning. we will be in the courtroom. we'll tweet out the decision as soon as we get it. also in santa clara county tonight the text messages of three santa clara county jail guards charged with murder took center stage in their trial today. mark sayre is at the jail right now with how the defendants explain the exchange on the stand, mark? >> reporter: well, ken, prosecutors say that these text messages show that the guards derived humor and enjoyment from watching inmates suffer, but the defense says well, they
were simply jokes. one of the most contentious issues in the trial of three former santa clara county jail deputies came to the forefront today. a judge had previously ruled jurors would be able to hear about several texts to and from one of the defendants, matthew farris. farris along with rafael rodriguez and jerry ludren are charged with the beating death of inmate michael tyree in june of 2014. >> those who were supposed to protect michael tyree did not. instead they killed him. >> reporter: in a text message guard christian wilson writes to farris i'm going to start pulling people out at 2 a.m. for no reason to twist them up. harris replies, come to the sixth floor, bro. we do it at 0001 meaning one minute after midnight. but the testimony today was
they were just sarcasm and banter. in another text farris wrote we got him, bro. he was an expletive, ha ha. the guard said i wanted to hit him today. today the guard testified that was meaning a search for contraband and not a physical assault. the attorney said the texts are all not what they seem. >> if any of you are foolish enough to use text messaging that i could go back to your text messages and make something out of them that doesn't exist, they do have to be explained and they will be and they aren't a conspiracy to do anything. >> reporter: all three defendants could face life in prison if convicted. live in san jose i'm mark sayre, kpix5. there's been an arrest tonight in a gruesome murder last year in castro valley. investigators say this man, 36- year-old lucky decanney confessed to the crime. they say surveillance video shows him walking around the grove way neighborhood looking for a home to burglarize.
when 59-year-old widow andrea st. john confronted him, he stabbed her and set fire to her house. >> the district attorney determined that the fire was, in fact, related to torture. it is very disturbing to the entire neighborhood, the family, our detectives. >> the confession came while he was locked up in san joaquin county on unrelated charges of child molestation and vehicle theft. two men are dead after their expertal plane crashed at lake berryessa and tonight the feds have begun their investigation into what went wrong. the accident happened this morning near the eastern end of the lake at a spot called little portuguese cove. reporter macy jenkins reports from vacaville where the ill fated flight began. >> reporter: napa county sheriff's department has identified the victims as 55- year-old jon murray karkow and 41-year-old cagri sever. they were on board an icon a5 plane when it crashed on the shore of lake berryessa monday
morning. >> deputies take this hard and we're saddened and we'd like to give our condolences to the family. >> reporter: both men worked for icon aircraft in vacaville. icon ceo kirk hawkins sent a message to customers today saying in part this was a devastating personal loss for many of us. the thoughts and prayers of our entire organization are with the families of both people on board. they were both truly amazing individuals. according to icon's website, karkow spent 21 years in aircraft development and led more than 20 aircraft programs and worked as an expertal test pilot. i talked to a experimental test pilot. i talked to a former co-worker on the phone who told me jon is everybody's friend. captain keith behlmer with the sheriff's department said the plane crashed in the cove in a southeast area of the lake. it flew about 20 minutes before the crash. investigators don't know what brought it down. >> a lot of people appear to do touchdowns with their float boats. so it's fairly common to have a lot of planes up here at the
lake. >> reporter: he said last week a plane crashed at the lake, but those passengers were unharmed. >> it's not very common. we've had very few. it's just one of those things hopefully it doesn't happen in three's. >> reporter: national transportation safety board investigators are still investigating, but they may not know what happened for another six months to a year. tonight the trump administration is considering a troop surge in afghanistan. the washington post reports the president's military advisors are calling for expanding our military role there to fight the taliban, but the president has not yet signed off. the plan would give the military broader authority to carry out airstrikes. turns out president trump's team got more than one warning about the president's first national security advisor. betty yu shows us the former acting attorney general told congress she raised the red flag to the white house not once, not twice, but three times, betty. >> that's right, ken. during a three hour hearing
before a senate committee sally yates testified that she alerted officials in january about michael flynn and that the russians knew he lied to vice president mike pence about his interactions with the russian diplomat. on january 24th, four days after president trump's inauguration, fbi agents interviewed flynn at the white house as part of the bureau's investigation into russian meddling in the election. two days later yates said she told the president's lawyer that flynn had been compromised. >> and the russians also knew that general flynn had misled the vice president. this was a problem because not only did we believe that the russians knew this, but that they likely had proof of this information and that created a compromised situation, a situation where the national security advisor essentially could be blackmailed by the russians. >> still the president did not fire flynn right away. instead he remained in office for 18 more days.
after the hearing president trump tweeted this. "sally yates made the fake media extremely unhappy today. she said nothing but old news." president trump fired yates in january for refusing to defend the president's travel ban. betty yu, kpix5. there's some new information tonight about the attempted murder of police officers in east san jose. police say this man, 29-year- old kevin riley, pulled out a 45 caliber pistol and fired at police officers yesterday morning. one officer returned fire. it all happened near a big five sporting goods store on tully road. the bullets did not strike anyone. police arrested the suspect after a brief chase and recovered the stolen gun used in the shooting. the motive for the shooting is still unclear. the police officer who opened fire is on routine paid administrative leave. in san francisco tonight police are reporting a sharp drop in the use of force. reported incidents are down
more than 15% in the first quarter compared to a year ago. force was used in less than 1% of all calls for service. also assaults on officers dropped 45%. this all comes after police change their tactics. only on 5 tonight kpix5's joe vazquez shows us an example. joe? >> ken, here at the safeway store on jackson street shoppers were very alarmed at what they saw. there was a man standing out here with a sharp object in his hand, looked like he was trying to cut his own throat and they were worried that he might try and hurt somebody else. >> i'm not talking to them. i've had it. >> reporter: as san francisco police officers arrived last thursday, they saw the man clearly out of control. he began to cut his wrists along with his throat. he was acting aggressively waving a broken bottle as police tried to get him to call down. officers on the scene drew their weapons, then called for police negotiators. in the mean time they followed
the man as he walked through several properties making sure not to get too close. give the suspect space and time. the new police training protocol. >> deescalation is exactly that, giving time and distance, but they did notice that he continued to try to hurt himself and at that point they did have to intervene. >> reporter: officers fired a beanbag shotgun. it feels like a strong punch to the chest, no effect. they fired another beanbag shot. this time the man dropped the broken glass and was placed under arrest. >> what did i do? what did i do? >> get on the ground. get on the ground. >> what did i do? >> they did try to negotiate. >> reporter: this woman shot the video with her cell phone and said at first it was the swarm of cops that worried her. >> there were like 12 to 15 police officers there, a lot of them. i thought it was more scary for so many police officers.
>> reporter: at the end of the day what did you think about how the police handled it? >> definitely the policemen saved this guy's life. >> reporter: you think they saved his life? >> yes. >> reporter: well, he did survive. he made it to the hospital for treatment. as for the cops, they don't get a medal for something like this, just another day in the life, but it really did give the public a glimpse into the real life situation and the new tactics at work. reporting live joe vasquez, kpix5. tonight an east bay family attacked by a mob of teens on b.a.r.t. has filed a $1 million claim against the agency. the father told juliette goodrich he was beaten up in front of his wife and daughter. >> as we pulled into the station, there was a mob of juveniles that were beating on the train as we pulled into the station. >> reporter: that was the open coliseum stop. rusty staff was with his wife and daughter headed home to dublin after a birthday dinner in the city. >> as soon as the doors opened, the mob came in and immediately
started robbing and beating individuals. they beat me first. i had two on top of me punching me and i had a third individual on top kicking my. >> reporter: rusty's attorney filed the claim. it's asking for more than $1 million in damages and trauma. the claim states b.a.r.t. failed to insure adequate security measures to prevent these attacks from occurring. >> when i walked on the train, there wasn't a care in the world. they didn't hesitate to what they did. they didn't say a word to anybody. they immediately started beating and robbing. >> reporter: b.a.r.t. officials have not made an official statement or comment about this claim that's been filed, but they do have 45 days to respond to it. in the east bay juliette goodrich, kpix5. more dead sharks showing up on bay area beaches in the past few days. more than a dozen sharks, mostly leopard sharks, have beached themselves in alameda and other spots in the east bay and died. tests show those sharks have
brain infections. researchers believe dirty runoff from all the rain last winter may be making them sick. tonight the bills are piling up for repairs to the oroville dam from all the recent storms. so where is the money coming from? here's reporter angela greenwood. >> reporter: 89 days into the oroville dam crisis, the state confirms it will now be a half a billion dollars more in debt as it gets ready for further repairs. the department of water resources confirmed to cbs 13 monday it has taken out a line of credit borrowing $500 million to fix the damaged spillway. so far 67 million of that has already been used. back in april we interviewed congressman doug la moffa who asked president trump for money to help with the disaster. the president declared a major emergency opening up the doors to federal assistance. according to the sacramento bee, the state will seek
reimbursement from the feds for 75% of the cost of the dam's permanent repairs. the rest of the money would be paid for by water customers, mostly agribusinesses and water users in southern california, not state taxpayers. >> the state got its line of credit through wells fargo. last fall the state treasurer suspended most state business with the bank after that bank account scandal. tonight a spokesman told the bee the credit line doesn't violate the treasurer's rules. tonight apple has reached some new heights. it's the most valuable publicly traded company ever in the world worth more than $800 billion. some analysts forecast that it will top $1 trillion this year poured powered -- powered by the release of the new iphone 8 out in the fall. the newest status symbol in silicon valley tonight is not a
car or club membership or hi- tech gadget. what everyone has been clamoring for sim mortality. only on -- is immortality. only on 5 tonight susie steimle looks at the exclusive health check that's thought to somehow i disease and the aging process -- slow disease and the aging process itself. >> reporter: the bay area is packed with people who are trying to slow down aging and cheat death. >> there are a lot of people who are very, very curious about or interested in the idea of expanding human lifespan. >> we want to conquer biological death specifically to stop or reverse aging. >> reporter: there's a new product that promises you can cheat death for years, if not decades, the cost? $25,000 all out of pocket. this is part of human longevity incorporated founded by human genome pioneer dr. craig venter. >> we want to
find things early
when they're treatable and preventible. >> reporter: dr. venter came to talk in front of tech entrepreneurs at ft. mason. he then spoke exclusively to kpix5 news. >> what we're looking for is what's unique to each person and how that would predict their future. >> reporter: the checkup begins with eight hours of diagnostic testing. it includes whole genome sequencing, a blood test that looks at 20 different chemicals and extensive mri body images that begins with the brain and uses very sophisticated software. >> we have algorithms that measure very accurately 20 regions of the brain, can predict alzheimer's disease 20 years in advance. >> reporter: so far more than 500 people have signed up. venter says all presumed they were perfectly healthy. however? >> 40% of those people that you think are healthy were finding have serious disease. >> reporter: including venter, his workup
and dna sequencing
revealed a hidden high grade prostate cancer he had removed. a single person's genome generates a huge amount of data. the company's ambitious goal is to decode 100,000 genomes every year creating the world's largest health database. that's where silicon valley and machine learning come into play. >> they have the computer, look at that data and it can give you back an answer. >> reporter: the chief data scientist for human longevity, dr. hekkerman. he and his team are using supercomputers to scour all the data and hope to encover po insights to your health, patterns that identify -- uncover powerful new insights to your health, patterns that identify ways to better health. >> i would save my money.
right now there is absolutely no data getting this testing will make you feel better, make you healthier or help you live longer. >> reporter: that kind of criticism doesn't faze venter. >> some notable physicians complain about what we're doing and they consider it wrong to do tests on healthy people and my response to them is how do you know they're healthy? >> reporter: in san francisco susie steimle, kpix5. s before >> while human longevity is currently piloting a lower cost product that requires fewer tests and they hope to roll that out later this year. ken? yeah, i don't think this wonderful weather we're having has much longevity to it. >> it's got an expiration date. that would be tomorrow night. it's going to be much different come wednesday, but tomorrow another warm day, mild night tonight, concord sitting at 65, livermore 61, san jose 58 santa rosa, the cold spot, 52.
the ocean just west of bodega bay registered 47.3 degrees this morning. why do we care? that's the coldest reading in nearly four years and once the ocean breeze returns it will be a brisk ocean breeze. it's returning wednesday. vallejo 52 tonight, san jose 53, san francisco 53, a little foggy along the coastline, pacifica tonight 49. we have a departing area of low pressure which has been bringing a lot of rainfall to arizona and southern california over the past couple days, but for us one more day of this ridge of high pressure and offshore wind will get us warm tomorrow, mid- to upper 80s away from the water. then on wednesday the winds will change and the temperature will drop by up to 20 degrees. tomorrow morning we are cloud free for much of the bay area, same story in the afternoon. watch the onshore flow return. there's the fog wednesday morning. watch the fog push inland wednesday evening toward the delta and central valley. once that morning cloud cover returns it will be with us for a while because the catalyst for the onshore flow, this area of low pressure west of portland and seattle, that's not going to move.
the ocean breeze is not going anywhere. we will get cool and stay cool for about a week at a minimum and that begins wednesday. the warmest day of the week, get outside tomorrow. a significant cooldown for the entire bay area wednesday, 20 degrees cooler inland and we'll stay there below average into next week which includes the upcoming weekend. tomorrow sunshine for fremont, 81 degrees, napa and livermore 87, mountain view 82, san francisco mild 72 and pacifica 65 degrees and sunshine. look at the drop on wednesday, though. thursday nobody hits 70 or friday, saturday, sunday or monday. we'll be below average for about five straight days in this forecast. i'm here to tell you not much is going to change next week. so chilly weather can happen in may and this may chilly weather will happen in may. dennis. the warriors are facing some more time off and are they too dominant? they were actually asked that question tonight in utah and question tonight in utah and their response ,,,,,,,,
this is violet. she's been waiting for this moment for awhile. a moment other kids wouldn't think twice about. her first bowl of cheerios. because now that cheerios are gluten free, violet, and many others are enjoying their first bowl today. ht the >> closed captioning for this newscast is sponsored by living spaces. this is the first time in history two teams have started 8-0. 1st quarter jazz missed a shot. john livingston wastes no time finding javale mcgee upcourt, warriors up 24 points. utah used a 14-0 run to jump back in. ing dom gets to the rack.
-- eckdom gets to the rack. the slash brothers combine for 51 points tonight. draymond green finds iguodala for one of his 11 assists. he had his third career playoff triple double. 4th quarter the warriors pull away. curry knocks it down from top of the key. warriors win 121-95 and sweep the jazz. they wait for either the spurs or rockets in the western conference finals. >> i guess tonight on tnt the guys were complaining that you're series was boring, too. >> worst playoffs ever. >> that's not the worst playoffs ever. >> ever. >> the basketball playoffs are boring and these two dominant teams on a collision course. what do you think about that? >> blah, blah, blah, blah, blah, blah. >> tell you what's not boring, giants and a's both ,,
food. water. internet. we need it to live. but what we don't need are surprises, like extra monthly fees. i see you, fee, played by legendary actress anjelica huston. you got me, mark. we just want fast internet for one, simple rate. for all the streaming and the shopping and the newsing, but most of all... for the this.
deep to right. he gets mobbed at home plate, the shaving cream pie to the face. it's the first time since 2004 that they have walked off three straight times. good the look of a manager whose team is the worst in baseball, giants trying to right the ship against the mets and this is a good start, buster posey third home run of the season gave san francisco a 3-2 lead in the 6th. hunter stricklin serves off the walkoff hit to neil walker of giants lose their fourth straight. they are a league worst 11-22. you know, span is out. crawford is out. bumgarner is out, a lot of injuries, but that's what teams have to overcome. the giants haven't been able to do that. >> just like get to .500, don't even win the division, just play baseball. >> the good thing for san francisco, it's very early in the season. >> we keep saying that. ,,,,,,
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