area, the verdict is in for a contra costa county deputy sheriff in a deadly shooting. that evening. i'm ken bastida. >> and i'm elizabeth cook. kpix 5's andre nakano has more on the split decision some are calling historic. >> reporter: a mistrial was declared in this case, but family members of laudemer arboleda and the das office or declaring victory tonight , as andrew hall was convicted of a lesser charge of assault with a firearm. hall is being tried in connection with the case it happened and 2018. jurors could not agree on the involuntary manslaughter charge, but found him guilty of assault with a firearm. police had tried to pull over arboleda during a chase. prosecutors argued during the trial the deputy hall used excessive, unreasonable, and unnecessary force when he shot at arboleda nine times as he was trying to drive away. hall's lawyers argued the

officer feared for his safety and was trying to protect himself. family advocates say that today's verdict is a huge step in addressing police accountability, since hall was the first officer charged for nonduty shooting in contra costa county. >> this is an historic moment, because the police officer has ever been held accountable in this way in this county. the family is appreciative of the jury, and that they were willing to do the right thing and hold officer hall accountable. we appreciate that bit of justice, but we want the entire slice. >> obviously, it is a really sad day for andrew hall. i am really gratified, in some sense , by the fact that seven jurors believed he was not guilty on the top charge, the more serious charge of manslaughter. >> reporter: hall is being investigated for another fatal shooting that happened earlier this year of a dental man. his attorney also says we are

looking at appealing the decision today. in martinez, andre nakano, kpix 5 . in-n-out is in more trouble for breaking the rules in contra costa county. the location in pleasant hill is shut down right now for codifying vaccine orders. a big surprise for some people that we saw pulling into the parking lot today from chopper 5. kpix 5's andria borba is there . this battle has been going on for weeks now. the county is saying enough is enough. >> reporter: that's right. i'm standing here and what should be the drive through line at the pleasant hill in-n- out berger right now. you see the ropes that would keep the cars out of the target and burlington coat factory parking lot, but no one is there. the store is closed. the county put their foot down. no indoor dining. no drive-through. the kpix.com one is closed by order of contra costa county.

>> i'm trying to get some french fries for my wife, and the doors were closed. >> reporter: the problem wasn't the burgers or fries, but the restaurant not checking covid- 19 vexing cards at the door for people eating inside, as mandated by contra costa county. in a statement, the chief legal and business officer for the company said it is unreasonable, invasive, and unsafe to force restaurant associates to segregate customers into those who may be served, and those who may not, whether based on the documentation they carry, or any other reason. the store had been cited four times already to the tune of $1750 in fines when it was shut down. the sudden closure left them in the lurch. >> i was just here for a pretty standard cheeseburger. that is all i was hoping for. >> reporter: on the one walked or drove out with burgers, fries, or shakes today, there are some who supported the county's move. >> it's a good thing. you don't play by the rules,

them's the rules, public safety is number one. >> i can understand both sides, but i mean, if it's an order, then you kind of have to abide by it. that is what it means to be a part of society. >> these are not franchised outlets, owned by a single person, and there are two others in contra costa county. do we know what is going on with those? >> reporter: those are also on the radar of contra costa county, the restaurant in pinole and san ramon. just yesterday, the store in san ramon got a $250 fine for the county for the same thing that shutdown the store here in pleasant hill. >> the standoff continues. andria borba reporting live. earlier this month, san francisco briefly had to shut down the in-n-out in fisherman's wharf for the very same reason. the restaurant chain told us that it refuses to be the vaccination police, so it is back open, but the dining room

is closed. it is only for take- out. achy decision could come any time now that could determine the a's future in oakland. alameda county supervisors are hearing public comment right now on the plans for a new waterfront ballpark at howard terminal. the vote on whether to participate in public financing for parks, affordable housing, and other infrastructure at the site. the oakland mayor says the county's participation is necessary for the city to move forward with its own contributions. we will have an update at 11:00. the father of san francisco to strict attorney chesa boudin will be released from prison next month. he's getting out on parole for his part in a deadly armored car robbery in new york. kpix.com five was 14 months old at the time that his father, david gilbert, was sentenced to a minimum of 75 years. he was the driver in the botched 1981 bricks truck heist

that left a guard and two police officers dead. the former underground radical be ee for parole in august in one of former new york governor andrew cuomo's acts of clemency. 3 hours ago, kpix.com five announced the news in a brief tweet with a heart and crying face a moshe . his mother, kathy, avoided a harsher sentence by pleading guilty. she was paroled back in 2003. police and city leaders in east palo alto are urging the community to speak out against the planned release of a violent sexual predator. johnson has served 17 years of a 36 year sentence for multiple sexual assaults in the 80s and 90s. a court has decided to place them in a home at beech street and clark avenue after his upcoming release. >> the proposed place is surrounded by a public high school, a private high school, an elementary school, and it is

the worst place. >> it's really dangerous for our kids. i don't think it is safe. >> the decision is not set in stone. that is why police are trying to raise awareness now head of a public hearing on december 1. revealing testimony today in the elizabeth holmes fraud trial on how a billionaire family was enticed to invest in theranos. a manager for the devoss investment corporation testified that in 2014, holmes offered the family and exclusive investment opportunity in her medical device, which she claimed could do hundreds of tests using a single drop of blood. lisa peterson says that is when the family decided to double its investment from $50 million- $100 million. >> they will always have to go back and say she made these with the intent to defraud them and get their money. >> on cross-examination, the defense pressed peterson as to why the devoss family didn't do

more research before investing. peterson said they were afraid of being uninvited to invest if they asked too many questions. still to come, could this be the solution to the bay area's housing shortage? the city where new units are literally dropping from the sky tonight. are you ready to hit the slopes? it's not even halloween yet. the two ski resorts just days away from opening thanks to that monster storm. temperatures are still on the cool side today, even a couple showers in the north bay. temperatures in the 60s everywhere, but we were backup starting tomorrow. and we will have a look ahead to halloween weekend in the forecast. we are celebrating our good friend ken all week long as we count down to his final broadcast

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the surf is up. san mateo and santa clara counties account for nearly 4000 the remaining 6700 storm related power outages. be cut up with some crews repairing several damaged poles in the woodside area today. pg&e tells us at least 161 power poles snapped in the storm. it could be the solution to the bay area's housing crunch, the success rate dwelling unit was put in a backyard in san jose's willow glen neighborhood today. it is just over 600 square feet, contains two full bedrooms, and a full bath. the city has approved permits for 1000 of the units, which can be built and delivered in

under 30 days. the city of berkeley, a council is meeting right now to consider more flexibility in its own 80 you program. that includes allowing for full garage conversions, and an increase to 20 foot height limit in the flats. the council is also considering stricter limits on development in the hills due to the increased fire risk. this seen in san mateo took us by surprise. long lines of cars backing up into the streets for a drive through covid booster shot clinic at the event center. that health department told us part of the issue is people showing up without appointments, which are not required, but it does help them plan. the wait is nearly over for the next big vaccine rollout,

as we take a look at your top headlines this evening. the fda advisory panel just endorsed pfizer's vaccine for children ages 5 to 11. this is the first step in getting the vaccines for children approved, but the remaining dominoes could fall quickly, and shots could be going into children's arms as soon as next week. how do bay area counties plan to roll them out? our maria cid medina will have answers tonight at 11:00. on capitol hill today, executives from youtube, tiktok, and snapchatted were grilled and a subcommittee hearing on what they are doing to keep children safe online. utah senator mike lee said his staff created a snapchatted account for a 15-year-old, and it got wildly inappropriate content in return. minnesota senator amy klobuchar shared a story of a 19-year-old who died after taking fentanyl- laced percocet that he purchased on snapchat. >> we have deployed proactive detection measures to get ahead of what the drug dealers are doing. they are constantly evading our tactics.

>> there are other ways to do this is creating liability when this happens, so maybe that will make you work faster so that we don't lose another kid. a bill to make social media companies legally responsible for child expectation on their platforms is one of several the senate is working on right now. court documents show deputies recovered this ammunition from the new mexico film set where alec baldwin accidentally shot and killed cinematographer halyna hutchins. the ammo was found in boxes and if any pack. it is unclear if the bullets were real or dummies. the local sheriff and da plan to release more details tomorrow. in the meantime, several shows, including hbo's "westworld" have stepped up their own onset precautions guarding firearms. the first nor'easter of the season is slashing that region with heavy rain and strong wind. it is causing massive flooding

and power outages, and damaging homes and businesses. forecasters call it another bomb cyclone, like the one that just bested us. >> crazy. thank you. back in california, lake tahoe is back above its natural rim thanks to the powerful storm this past weekend. in butte county, lake morrellville rose almost 20 feet in just 3 days. that is a big lake. it dropped to an historic low amid the drought, forcing the first ever shutdown of its power plant. the water is falling at yosemite falls after the storm sent the falls roaring back to life. that normally doesn't happen until well into winter. parts of south lake tahoe are coming back to life as well following the big dump of fresh snow. business owners are scrambling to staff up after wildfires and evacuations drove a lot of workers away. local ski resorts hoped to be up and running in just the next few weeks in time for ski season. other ski resorts are preparing

for an early season boom. palisades tahoe and mammoth mountain are both open ahead of schedule on friday. a live look outside at salesforce tower, silhouetted by the dark skies outside. >> chief meteorologist paul heggen is with us, and it was nice to have a break. the air still smells so fresh and clean. the atmospheric river scrubbed the atmosphere. we saw a few showers north of the golden gate, but now dry out for the next few days. high pressure is building in from the southwest. it means a calmer weather pattern, and a warmer weather pattern for the next few days. temperatures will peak on thursday, and back off slightly on friday, but we are still talking about near normal levels through the rest of the work week. futurecast shows a few showers trying to run back into the north bay tonight, but it should remain to the north. rain chances are in the forecast for northern california,

oregon, and especially washington, but we will stay dry. close to begin the day tomorrow, then we clear out for midday and into the afternoon. plenty of sunshine to help the temperatures warm up to normal for this time of year. rain chances day zero two that end of the work week. next week there are some chances . the best chance on saturday will be north of the golden gate once again. a better chance for everybody on monday, but we leave the rain chances lower than 50-50. still a lot of uncertainty in the long-range data. we will keep you updated on that. it looks like light shower activity at most. further down the line, the age of 14 day outlook, and use this in some of our newscast, and at that point it was showing a significant chance of below average precipitation into early november for the bay area and much of california, but the long-range data has started to shift in a wetter direction, no above average rainfall expected to the north with near average rain for the bay area and the rest of california, or at least equal chances of above or below

average. there are still signs further down the line that we will get into a wetter pattern once november rolls around. dry weather for the next few days and this evening, temperatures low to mid 60s, except santa rosa. most of us are in the low to mid 50s tomorrow, and then we warm back up to those near normal temperatures, a few degrees below average. upper 60s around the bay with those 70s further inland. let's assume in for a closer look. telemachus, the 60s, typical for late october. 70 degrees down the peninsula, and a little further into the 70s as you go inland into the santa clara valley. low 70s for most inland parts of the east bay. mid-70s were the warmest spots around fairfield. temperatures around the base of the upper 60s in san francisco, and close to 70 degrees for oakland in the east bay. further north, upper 60s around lakeport and clear lake. mild temperatures in store for the rest of the work week.

dry weather anticipated for the halloween weekend for san francisco, oakland, in san jose, then a chance for showers for monday of next week, while the santa clara valley stays dry. the one chance of showers of the weekend looks like it will focus along the coast and north bay, but it is a 30% chance. you don't need to cancel any outdoor plans. you don't need to worry about weatherproofing costumes or anything like that. we expect dry weather for halloween itself on sunday. another update comes up at 11:00. still to come, a lucky strike during the storm. the bay area lottery player with more than 100,000 reasons to be grateful for braving the rain to go out and purchase a ticket. streaming tonight on cbsn bay area, extended reaction to the danville sheriff's deputy andrew hall being found guilty of assault with a firearm after a fatal on-duty shooting. that's it the classic hollywood story.

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port officials in l.a. and long beach are hoping that some stiff fines will help unclog the supply chain off of the california coast. companies whose containers sit there longer than 9 days could face fines every day after that.

one lucky person in san jose just hit the jackpot. >> the winner has not even come forward yet. check your tickets. a fantasy five lottery ticket worth $169,000 was sold on sunday. it was sold at a 711 on albany drive near stevens creek boulevard. the winning numbers in case he bought the ticket 4-11 -30-32-39. if you win, call us and let us know. it looks like a jet ski, built for batman. and that winning lottery ticket won't even come close to covering the sticker price on this baby. it is a hover bike that just hit the market. and we are continuing to pay tribute to our good friend ken all week long, as he wraps up 31 years here at kpix 5. here is a former reporter manny ramos. hi, kenny. congratulations of winning tb's version of "squid game."

the prizes you get to leave on your own terms. i watch way too much netflix.

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this looks like something that the batman might use at the beach. it is a hover bike, just went on sale in japan for $680,000. thank you very much. the limited-edition is equipped with four battery-powered motors, and can fly for up to 40 minu s at

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announcer: it's time to play "family feud"! give it up for steve harvey! [captioning made possible by fremantle media] steve: thank y'all. i appreciate that. thank y'all, everybody. thank you, everybody. well, welcome to "family feud," everybody. i'm your man, steve harvey. [cheering and applause] oh, got a good one for you today. returning for their second day, from new orleans, louisiana, it's the champs. it's the banks family! [banks family cheering] steve: and from right here in hotlanta, georgia, it's the eddings family! [cheering and applause] everybody's here trying to win theirselves some cash, and somebody might have a shot driving outta here in a brand-new car. [cheering and applause] let's go meet the edding