in prison. the united states intercepts a war head over the pacific. >> they put at risk, stability around the globe. >> what this means for the pentagon's readiness to counterrer threats from north korea. >> a daring escape. >> he was able to escape from the car. >> a san jose student gets away from her abductor after she was allegedly kidnapped. >> she was treated for injuries to her face. >> are authorities closer to finding the stranger behind this frightening ordeal. the testimony was graphic and heart breaking, now a jury has been convinced that a napa couple tortured and killed a three year old girl.

the verdicts in the kayleigh slusher trial were nowed. two juries in napa county convicted a woman and her boyfriend of the killing of the woman's three year old daughter, the testimony in the cases was heard simultaneously by a judge. prosecutors said kayleigh slusher's body was found in a suitcase after having been placed in a freezer, she died of blunt force trauma from being stomped and punched. they face 25 years to life. >> for more on the case we have michael, our legal analyst. what is your reaction to the guilty verdicts. >> people that beat children to death, what better outcome?

the district attorney did not file the death penalty. if they had, they would have gotten it. >> do you think the outcome would have been the same? >> exactly the same. there were two jurs. >> what will happen in the penalty phase. >> there is no pan alt phase because it's not a death penalty case. -- penalty phase because it's not a death penalty case. they got two juries, they sat simultaneously for most of the evidence. then when they have evidence that only applies to one

person, ne get the other jury to leave. >> when i mentioned the penalty fawz and you said there isn't one, is it a done deal that both of these now convicted killers will be sentenced to life in prison without the possibility of parole or is there some negotiating. >> 25 to life is what they are going to be getting herement i do not know if they have, without possibility of parole because they took the death penalty off the table but they will be sentenced to that. a lot of people are going to say, that's not long enoughful remember what they did to this child. then ne -- they put her in a refrigerator and leave. this is one of those cases, at the end of the arguments, that jury could have raised their hands and said, we do not have to go back into the jury room.

we know they did it. one of the juries came back last thursday with a guilty verdict. her jury came back with that verdict. they sealed it, they would not tell us what the verdict was until the male portion came back today. both guilty. when they go to state prison, good luck, there is a hierarchy in there and child molesting and killing children puts you at the bottom of the food change, they are going to have a hard time in state prison, and good for that. >> the sentencing is it scheduled for the later part of july. thank you, michael. thank you, an investigation is underway after a san jose state university student said she was kidnapped and forced to drive up to oregon with the

kidnapper before escaping. we spoke to the sergeant that interviewed her after she was set free. >> reporter: the tbo two year old -- 22 year old told authorities sheaf kidnapped at knife point and forced to drive her car 500 miles north into oregon, her family called the university police after she did not show up for graduation ceremonies, authorities told us that the woman was found friday evening near a coastal community, two hours north of the california state line. the sheriffs office said a citizen called 911 after finding the 22 year old woman who was frightened and running near a highway. she told the authorities she was forced to drive her car for hundreds the miles before she was forced to escape. >> she said she was able to get

the door open and she ran from the car into the brush and hid. >> authorities said the woman hid for two hours, her car was found near a bridge. investigators said her father called the police when the woman did not show up for graduation ceremonies, the sheriffs office said the woman did not know her attacker. she provided a general description. she was treated for bruises but she's physically unharmed. the police are saying that they are actively investigate and that they are trying to reach the victim and when new information comes out, they will release it. >> so she was supposed to graduate this weekend. her parents show up at her

apartment and she's nowhere to be found? >> reporter: yes, when the family reached out to the police, they started an investigation and then the woman showed up there. i asked the police if there is a chance that the woman was making the story up. they said that's possible but the sergeant that interviewed her said he believes her. the police are saying lel else at the point. >> thank you. -- little else at this point. thank you. a man shot and wounded by a police officer remains in the hospital. the police said one of their officers shot the man because he was holding a 2-foot long metal object and threatening people. >> the officer was chasing the man, he was telling him, stop, drop it. >> the man who was shot was

rushed to the hospital where he under went surgery, the police said they plan to release more information later this week. the fate of antolin garcia- torres will soon be in the hands of the jurors as the penalty phase of the trial wraps up. we are live from outside of the hall of justice in san jose to learn where things stand now. >> reporter: the defense attorney is wrapping up his closing steaments. -- statements, he should be finished by the end of the day, he is trying to convince the jury to sentence antolin garcia- torres to life in prison rather than the death penalty. he asked the jurors, what punishment does he deserve. then he recapped the case he presented over the weeks of the

trial. he was convicted of attacks before sierra lamar went missing. he showed selfies of the girl and played a video of her singing into the camera, the courtroom was silent. he said in a the teen's voice was forever silent. he asked the jurors to look into the faws of evil and suffering, -- faws of evil and suffering. >> the fact that there is no body makes the crime especially yule for the family. antolin garcia-torres does not deserve the mercy of the jury because he did not show that mercy to sierra lamar or her family. >> reporter: prosecutors said because sierra lamar's remains have never been found, her father has been left a broken shell of a man, the defense

lawyers are arguing for a life sentence, he said a death sentence is not required, also that antolin garcia-torres' childhood with an abusive father are mitigating factors that should be considered. the defense expects to finish today and then the jury gets a crack at this. we will stay on the case and we have an update for you at 5:00. >> thank you, jesse. deliberate. the jur is deliberating -- jury is deliberating in the murder kai of michael tyree, if

convicted, three deputies could spend their lives in prison. coming up, what we are learning about how each team will be effected after a baseball brawl. >> also we are speaking with an expert about police overtime. >> our cloudy pattern will continue, i will explain coming up >> we have more coming up on ktvu news right after the break

♪ ♪ ♪ ♪

♪ ♪ to take advantage of this offer on a volvo s90, visit your local dealer. . super bowl. san francisco deputies will be working mandatory overtime from now through september because there are 840 deputies working in the county jail. that's 75 fewer than they need for a full staff. they have declared a staffing

emergency and that requires deputies to work 12 hours of overtime every pay period. so the question is, why not hire new deputies to fill the void. >> that's a great idea. they are trying but there is a delay, they have to take the academy training, that takes about a year, you have to find people and train people. then during the recession, the funds were not available and because of that, the sheriffs department fell behind, so they have a backlog. also because of the need for overtime, there is a lot of attrition, they are losing a lot of people that do not want to deal with this. in some cases they are being asked to do overtime half an hour before the shirt starts. that's the kind of thing that does not help the force, it

probably does not help the quality of care for the officers that have to be workings in the jails, it's a process. >> that's tough on families. what has been the reaction from the rank and file for the overtime. >> some people enjoy overtime. you see stories where they make hundreds of thousands of dollars this overtime but not everyone enjoys working overtime, especially when it's mandatory. so the sheriffs department and the labor association fought against this. their members are not happy doing this. that's going to be a problem down the road. the real problem is that the sheriff is saying, to get this fixed, it's going to be next summer. notes this summer. that's a long period of time for this to happen. is going to be a case where they are going to wish in a they had the classes in the peup line sooner.

>> how did they fill the shortage this the past?  has this happened before? >> it has but it's always been voluntarily. two things happened here. one, a lot more sheriffs retired than people expected. they lost people through attrition. also there are people on disability. the problem with that is, you cannot replace that position if there is a possibility that the person is coming back. in some of these cases, those people are not expected to come back. but they cannot replace them. so they have to run out the process, is a long, time consuming process, but if they are asking people voluntarily, it's okay. but at this point, it's mandatory, nobody likes to do

that. what if someone says no. >> that's a good question. >> they are between a rock and a hard place, they have to get emergency funds, this is not a happy group. they are not happy to be doing this overtime. it's difficult. i just talked to the sheriffs office, they said that the san francisco police are finding it more difficult to find people who want to be in law enforcement given the current climate in the country, people are hesitant to get involved in this kind of thing, it's a perfect storm for the sheriffs department and i do not know what will happen if they do not want to do it but that's a consideration and a concern for the sheriff. >> okay, thank you, chuck. >> thank you. police issued a shelter in place near the tenderloin

police station after someone brought in an explosive device that they found. the shelter in place was lifted an hour later. officials with cal oorks sha are reviewing whether the water slide called the emerald plunge had the appropriate levels in the trough when the 10 year old boy flew off the slide over the weekend. the boy flew off the slide 90 minutes after the park's grand opening. the three largest water slides in the park remain closed. they will possibly enclose the open parts of the slide. it's expected to remain closed until that happens. new information in the fight between the nationals and

the giants yesterday. hunter strickland has been suspended six games and bryce harper will be out for four games, both players landed a few punches before the fight was cleared out. this was simmering since 2014 when he got a few runs off him in the playoffs. >> the teams are playing tonight, that should be interesting. >> they should keep their emotions in check. >> it's going to hurt the nationals, because a pitcher does not pitch everyday but the other guy is a super star. yesterday is cool and breezy, today, a repeat. mostly cloudy skies, here's a live look. temperatures are falling for some. cooler than where we are 24

hours ago. in san francisco we have the lower clouds along the coast line, mid and high level clouds as well. temperatures in san francisco 56, cooling off as we get closer to the giants game at 7:00. 71 in oakland. 65 in livermore. san jose, sixty six, santa rosa, 73, here's the 24 hour temperature change, in the ind land we are down by 6 degrees, cooler in concord, livermore and oakland. the on shore breeze is blowing, travis, 31 miles per hour gusts. 21 miles per hour in oakland. you can see the cool pacific air is moving through the delta into the central valley. look from up above. all of the covered cover up there. we have the possibility of a

few sprinkles tomorrow morning. there it is, it looks like it's over the central is south bay bit any one of us could get a few sprinkles to start the day, by the afternoon we have clearing and partly cloudy skies away from the coast and mostly cloudy skies at the coast. 49 in pacifica, 53 in hayward. 60s for antioch. tomorrow, the temperatures will not change but there is a warming trend in the extended forecast. i have a look at that coming up. now to washington, president donald trump's personal attorney has been caught in the cross hairs on the ongoing probe in the russia investigation. also his communications director is stepping down, joel has the latest out of washington. >> reporter: most of the attention in the recent days has been on president donald

trump's son-in-law but now the investigation is expanding to hit the president's personal attorney. the attorney has become a focus of the exabding congressional investigation into russia efforts to influence the 2016 exawn. he reportedly rejected congressional requests for coops into the investigation, when the senate intelligence committee returned, they got subpoena power. much of the media focus in recent days has fallen on jar curb. specifically, a december meeting between him and a russian banker whose financial

institution was intertwined with russian intelligence, jared kushner said he is eager to cooperate with investigators as the white highways fields questions. >> i think that assumes a lot. his attorney has said that he has volunteered to share with congress what he knows about the meetings. >> reporter: amid the scrutiny, the the white house communications director michael dubke has said he is stepping aside. three years after the shooting of a boy in ohio, two police officers are being disciplined >> we have more coming up on ktvu news right after the break

. welcome back to ktvu news, all of the news, weather and information you need to know throughout your day.. in england today. the train station next to the bombing location reopened. the station is attached to the

arena where the arianna grande concert was going on. the station was closed while the investigation into the attack continued. in the meantime, ariana grande will be holding a benefit concert for the victims of the bombing. she will be joined by other stars and the proceeds will go to an emergency fund set up by the state of manchester and the british red cross. two police officers in cleveland are facing discipline. one received a 10 day suspension for violating tactical rules after he drove near the location where tim rice was shot. the boy's mother said both

officers should have been fired. >> they fired him for lying on his application, i wished that they wore fewerred him for killing my son. >> it's a tragedy, an absolute tragedy, but the officers reacted to the situation that unfolded in front of them. they reacted appropriately. >> last year prosecutors declined to indict the police officer who shot the boy. the boy was carrying a pellet gun. a man accused of stabbing two men to death on a train in oregon webt to court today. he faces murder charges in the killings last friday. authorities said he was verbally abusing two women on the train when three men tried

to intervene. the suspect stabbed all three. men killing two of them. a setback for a golf legend. what was and was knot in tiger woods' system the newt of his arrest. >> plus, the latest threats by nor car car, we will have a live conversation about the successful test and the threat of north korea when we come back >> we have more coming up on ktvu news right after the break y at enterprise car sales... experience great customer service and get more for your trade, may twenty-fourth through thirtieth and let enterprise car sales flip your thinking about buying your next vehicle.

. welcome back to ktvu news, all of the news, weather and information you need to know throughout your day. the pentagon announced today that is shot down a war head over the pacific. it was the first test of its kind in the past three years. >> reporter: the military is attempting to shoot down an

intercontinental ballistic missile, it's a test happening in california, as the director of the missile defense agency tells us, it's not an easy task. the united states is launching an unarmed missile a day after north korea fired off a test of its own. >> they are demonstrating continued crew this capability, range and altitude and capacity. >> reporter: fox got an exclusive look at the 49th missile defense battalion, it's near where the country's interceptors are based. service members there work on simulated attacks everyday. >> when we are watching the news and see north korea preparing for a test, you guys

are ready here? >> we are ready tonight. >> reporter: north korea is just a few years away from being able to target the united states main land with missiles. as this test today shows, the united states is taking no chances. >> thank you, john. we want to talk about today's developments. i am joined by the director of the north korea center. lets talk about the significance of this test and the fact that it was indeed a success, what do you make of that? >> i think it's important to prepare for possible attacks by north korea but the problem is that we are trapped in a security dilemma, while we are discouraging aggression through a show of strength, at the same

time, we reinforcing their belief that they are vulnerable, which will cause them to continue their tests. this most recent test, a shorter range missile, reportedly had a guidance system on it for accuracy, so we are reinforcing each other's insecurities. >> less talk about that latest test by north korea, japan vowed to take action after that incident. what type of action will it take to stop the leaders of north korea. >> well, we have have been talking about doing this for a long time. the missile defense system test is one thing that will reassure people here at home and possibly in japan and in south korea but more needs to be

done, more direct engagement to stop north korea, we have been outsourcing the north korea problem to china for decades, since the late 1970s, there are limbs to their ability to stop north korea. >> a lot of people including those in the trump administration have been critical of north korea, do you see the response changing from china? >> they can apply more pressure, they have 85 to 90% of north korea's foreign trade. that gives them a tremendous amount of leverage, but it's not in china's interests to do anything that could destabilize nor north korea potentially. they have long term interests

on that peninsula that do not align with the united states, we want them to bring north korea to its knees, china is not going to do that. it's not in their interest to destabilize the north. >> but the fact that you have north korea launching its ninth muscle test, how many missiles do they need to test before someone responds. >> keep in mind, they have tested five nuclear devices across the border from china. it seems that china is willing to live with a nuclear north korea rather than a unified korean state closely aligned with the united states, the united states needs to take more direct action, engaging north korea, perhaps negotiating a freeze of their ballistic missile tests and future nuclear tests, this

needs to be done in coordination with our south korean allies. >> thank you for talking to us, this is the day that the united states is testing the missile defense system. a jury in oakland will continue deliberates in the shooting death of a mother killed trying to protect her children from a shoot out in front of her home. in march of 2015, the woman picked up her kids from school when the shooting began. defense lawyers claimed that the shooting was in self defense following a fight between two people. in an hour and a half, the oakland city attorney is going to recommend that the city settle the scandal of jasmine abuslin, they are expected to

recommend that the city pays her nearly $1 million. the 19 year old has also filed claims against richmond, livermore and alameda county over alleged exploitation. we are getting new information about the arrest of tiger woods, he was found asleep at the wheel of his car yesterday morning, he had a slurred speech and it was difficult for him to walk, the car also had minor damage. he was taking four medications which impair your ability to drive. >> he lucked out, he got pulled off the road before he injured someone or himself. >> woods had multiple back surgeries, including spinal

fusion last month. he said i understand the severity of what i did. i want the possible to know that dhol was not involved -- alcohol was not involved. new tools for navigating the red hot real estate market. stay with us as we explore an app that allows you to skip the real estate agent, we have the coe -- ceo of the company company. >> i have the extended forecast coming up >> we have more coming up on ktvu news right after the break who are these people?

the energy conscious people among us say small actions can add up to something... humongous. a little thing here. a little thing there. starts to feel like a badge maybe millions can wear. who are all these caretakers, advocates too? turns out, it's californians it's me and it's you. don't stop now, it's easy to add to the routine. join energy upgrade california and do your thing.

. welcome back to ktvu news, all of the news, weather and information you need to know throughout your day. in the red hot bay area real estate market, commissions can cost a fortune, how would you like to save some money and make the buying and selling process more streamlined and less stressful, you can try a new app. joining us is the ceo of the company. thank you for having me. >> we were chatting off camera, tell us how this came about, you are the middle man, you just want to get the deal done. >> yes, i spent the first part

of my career in tech and then i became a real estate investor. there is a 5% commission being paid too agents, with so much technology and information today, there is less to do for the real estate agents and the commissions are way too steep. also the housing prices in the bay area are so high, there is a better technology solution that can take us through the process. >> okay, i am a potential buyer, i have your app, how does it work? >> we look from the fundamentals of the agent on the buyer's side. we have an app that is actually a broker. they are compensated by us, not

by commissions. with the app you, can have access to the schedules for open houses, you can submit offers, check the experts at any time to get any information that you need and you get the whole commission back to you, the commission that we receive from the seller, two and a half to 3%, in the bay area, that's $45,000. you play us a $5,000 flat rate fee for the transaction. if you make a deal. >> okay. >> so last week we started in san francisco. we started in the peninsula and now we are expanding to the

rest of the bay area. by the end of next week, we are going further. >> if this explodes, will you go everywhere? >> if it explodes, we will go that way, we focus on the service which we need to provide to the buyer. >> we are all about saving money. thank you so much. i will look out for your app, it's reali. >> thank you very much. it's going to be nice for wednesday, we have bigger changes coming for the week. outside, another day of mostly cloudy skies but unlike yesterday, those clouds are still holding firm at this hour. we saw late clearing yesterday. not the case today. partly sunny at best.

you can see how widespread the clouds are. the onshore breeze at 31 miles per hour. napa, 70 miles per hour gusts. temperatures about average, maybe a bit cool for this time of year. sfo has gusts of 37 miles per hour. san jose, 15 miles per hour. we have a system moving through the pacific northwest over the next 24 hours that will bring us a few scattered showers tomorrow morning. the future cast model shows that here. mostly cloudy skies tonight and tomorrow morning a bit of blue is moving across the central bay area. it's going to be early on. so the possibility of morning drizzle and a few scattered showers as we start the day. into the afternoon, we have partly cloudy skies for the afternoon, away from the coast. notice the coast at 4:00 in the

afternoon is still cloudy. subtle changes tomorrow with the possibility of a bit of wet weather to start the day. not a big deal. 56 in san francisco right now. 61 in oakland, upper 60s in concord. 70 in fairfield. 74 in brentwood. in the east bay, we are cooler now than 24 hours ago. if you are going to see the giants tonight, it's cool and breezy, mostly cloudy skies, the west wind 20 miles per hour. getting in and out of the park is windy, 55 in oakland tomorrow morning. 58 santa rosa, 49 in pacifica tomorrow morning. as we get into the afternoon, temperatures come up slightly. as we get sunshine tomorrow it's going to feel better. 78 in napa. 65 in san francisco. lower 60s at the coast.

70s in areas like antioch. 76 for san jose, 76 for los gatos. temperatures climbing later in the week, by friday, lower 60s expected at the coast and lower 80s for our inland areas, right now friday and saturday looking to be the warmer days, sunday looking nice too. mild, not too hot. looking good for the weekend. >> we will take that any day. julie joins us with a look at what we are working on for ktvu fox news alt 5:00. -- at 5:00. >> we are told that the jury just started to deliberate the death penalty for antolin garcia-torres, he is the man convicted of killing see sierra lamar. his fate is in the hands of the

jury, we have the latest developments at 5:00. also one bay area sheriffs department is facing a shortage. tonight at 5:00 we talk to the sheriff about one deputy that pulled in $200,000 in overtime. hear why the sheriffs department and the union are defending these overtime bills. >> next on the four, a big misunderstanding about a prom proposal >> we have more coming up on ktvu news right after the break ♪

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. welcome back to ktvu news, all of the news, weather and information you need to know throughout your day. we are following up on a

prom controversy we told you about last week, some have called the proposal racist but he said that's not his intention intention. >> reporter: we are at the high school newspaper that exposed them. >> it's hard to me to understand it. >> reporter: last month a junior asked someone to prom using this profiter that says, do not be a n word and go to the prom. there appears to be a lynching on it. the 18 year old asked us not to share his identity. >> i did not meep to to be racist and at no point did i mocker anyone. >> reporter: heys date was not

sure if it was a real invitation so he asked her in person wearing black face makeup. he said he had no bad intentions. >> people are offended by the stupidest things. i would say it's time to say enough is enough. >> it's offensive, regardless of intent. the amount of outraging and the way that the community saw it is evidence of that. >> reporter: the person who is half black said she's not surprised. her friend agrees. >> i have noticed that people are shocked. >> reporter: attempts to reach the school were not successful but the school issued a statement that said, no communication about any school event should denigrate another

person or group for any reason, we are aware of two prom asks that are of a racist nature. we hope that this does not occur again. >> as for disciplinary action, the teen was required to attend a counseling session at the school. >> that brings us to our question of the day, while bullying has always been an issue, is social media making the issue worse? less look at the results we have received. the majority of people say, yes. 88%, you can also weigh in on our facebook and twitter page or on our home page, our website, ktvu.com, we will be right back >> we have more coming up on ktvu news right after the break

♪ ♪ ♪ ♪ ♪ ♪ to take advantage of this offer on a volvo s90, visit your local dealer.

>> the nuclear plant that was the site of the united states' worst nuclear accident will be shut down. they will shut it down in 2019. they had a license through 2034, but the plant is losing money and it was not selected as a guaranteed supplier of power for the regional grid. in 1979, equipment failure and operator error led to a partial

core melt down. as president trump attempts to speed up the fight against isis. the pentagon is issuing new warnings about iranian backed forces in syria. >> air force used bombers to drop leaflets warning them not to engage u.s. troops or other american backed forces in that region. connor pao has the latest in israel. >> reporter: u.s. forces operating in greater numbers in syria as the fight against isis escalates but the situation in southern syria is getting worse. u.s. war planes are dropping leaflets warning militias to end the area. trump administration blaming para military forces outside the iranian's chain of commands. >> that is coming from a part of the iranian apparatus that is not at all responsive to its electorate. >> reporter: the situation is being closely monitored by the russian government, also a strong supporter of the assad

government in syria. foreign min stir sergei labrov warning the u.s. to back off. >> this situation is quite alarming as it affecting the sovereignty of syria and the issues need to be solved and the troops are doing this now. >> reporter: the tension is is a new test of president trump's plans to accelerate the fight against isis. the white house says the strategy is working and isis is on the run, but lawmakers of both parties are questioning whether the u.s. should become more involved as a counterbalance to russia's growing influence. >> you can't isolate syria from the rest of the region. and, i worry a lot about the russian involvements. i think the russians are major player ins the middle east. >> reporter: president trump is reviewing a plan that could send up to 5,000 more troops to afghanistan to help fight the taliban and isis. connor powell, fox news. ktvu fox 2 news at 5:00

starts now. >> a san jose state university student says she was kidnapped last week and forced to drive hundreds of miles north to oregon. she says she finally managed to escape when the car ran out of gas and she took off running. good evening, i'm ken wayne, frank is off tonight. >> and i'm julie haener. ktvu fox 2 news' maureen naylor spoke with an investigator who interviewed the woman after she was found in oregon. maureen? >> reporter: well, i actually have an update. in the last ten minutes i spoke with a university spokeswoman who could confirm the student is enrolled at san jose state, but could not confirm her graduation status. the young woman's family called university police friday after the woman didn't show up for graduation ceremonies as expected. when she did show up, it was in rural oregon friday night and authorities say she was frightened and emotional. this is where authorities say the san jose state university student was found by a citizen around 10:00 friday night who called 911 after finding the

college student running along highway 101 in this road. >> she was reporting she had been taken at knife point from her apartment complex in san jose and was able to escape when the car ran out of gas. >> reporter: coos county said she was held at knife point by a man she didn't know and escaped when the car ran out of gas in a rural coastal community, a two hour drive in the california state line. >> she said when the car came to a stop after running out of gas, she was able to just get the door open and just bolt from the car and she just ran into the brush and hid. >> reporter: authorities say the woman's car was found near the bollard's bridge not far from an old saw mill. her father called san jose university police when she didn't grow up for