on labor day, she was working a night shift as a cashier at mcdonald's here in redwood city. according to charging documents we got from the san mateo county district attorney's office, she had gone to the bathroom several times complaining of stomach pains. a coworker went to check other, saw blood on the floor. the d.a. says lockner said it was a heavy period. another coworker look over the stall and saw a newborn baby's face in the toilet bowl with lockner's hand on the child's back. she heard the toilet flush. we spoke to the d.a. who called this a heartless almost soulless act, an own mother trying to kill her child. police were called down and at the time the baby had no pulse, was not breathing. police immediately performed cpr and the baby was rushed to

children's hospital where he survived. and the d.a.'s office really crediting them with performing cpr. she doesn't have a medical history. she has a young child three to four years old and has a boyfriend who claims to prosecutors he didn't know she was pregnant. lockner is being held in the women's facility in redwood city on bail. she is expected to be back in court monday. >> if that baby survives also it be put up to adoption on what will happen to him? >> reporter: i asked the d.a. about that. the baby will be under the care of child protective services and we also are told that the other child that she has, the three to 4-year-old, will also be under the care of cps.

and so right now again, the baby is at lucille packard children's hospital. we don't know his condition. they are monitoring him. everyone thankful he is alive. >> thank you. we are following developing news out of san francisco where a tree came down on two cars. it happened about 3 p.m. at 38th and clement in the outer richmond district. fortunately no injuries. firefighters say a man was driving by in a porsche when the tree came crashing down on his car. he was able to get out safely. the our car was parked a white audi. no word why the tree came down but there have been strong winds in the bay area over the past few days. the oakland a's have their sights set on a piece of lapd near lake merritt for the team's new stadium. the land right off of interstate 880 is adjacent to laney college. the team will have to negotiate with the peralta community college district to bit 13 acres of land. it's just a short walk from the

lake merritt bart station. many fans are supportive. but some people who live near the site are already voicing their opposition. oakland mayor libby schaaf had this reaction to the announcement. >> i don't believe in publicly financed sports facilities. but today we heard that the a's are going to both stay and pay for their own facility in oakland. and this is good news. >> it's easy to say yes, very easy to say no, but at times you need to say, oh, we need to consider, you know, what can be, what -- what -- what it is that, um, we can do with this opportunity that may be positive what may be negative. i think we need to explore all of that. >> again, the a's are hoping to make a deal with the district and get that new ballpark built in time for opening date of the 2023 season. >> our sports reporter joe fonzi with us now. could this change the trajectory of the team in the years to come? right now, the way the a's are,

every time they get a good player, they trade him or just let him go. >> reporter: they have been saying that haven't they? they have been saying that they do that because they have to have a young bunch of guys for that new stadium when it gets there. well, it's apparently now close to getting here anyway. the a's have been saying for some time that the key to success on the field is the knowledge that there's a new stadium in the works. they will now get a chance to put their money where their mouth is. >> the a's today were true to their m.o., trade your veteran players for prospects if you're a long-time follower you had to know this was coming. the trade deadline has passed but -- >> reporter: just this summer the a's have seen a parade of popular veteran players shipped off. steven vogt, sonny gray, sean doolittle, oakland's 2017 all star representative yonder alonso preceded by the likes of josh donald son, yoenis cespedes and tim hudson, to

name a few. the management philosopher has been to unload players before they get expensive in exchange for prospects who may or may not become stars of the future. so why should a's fans think anything will be different with a new stadium as far as six years out? >> having the ballpark and even knowing we have the revenue streams in the ballpark in five or six years that will help us retain talent, pay for them and make sure we keep the team together. >> reporter: that has to be knew sick to the ears of a's fans -- that has to be music to the ears of a's fans who have watched their favorite players be routinely traded away. assuming they are still on the team, the current crop of a's will be free agents about the time the new stadium is built. so does that mean a fan can actually go out and buy a matt chapman jersey and expect he will be around for a while? >> that's the plan to have the revenue base like the giants or some of these other teams to have the players with us for the long hall. fans love to be connected to players so this ballpark is so

essential for our success. it's important to understand that the fans are really first. and the fans in many ways own the team and you steward the team through different eras. we have a ton of history. we have 116 years of history going all the way back to philadelphia. and it's just my job and our group's job to make sure we take it to the next level. and if we can get a great ballpark built here in oakland to solidify those roots, put the roots down even deeper, i think that will lead to our success. >> reporter: the a's are going in a familiar formula. years ago baseball teams and football teams shared huge stadiums. the new park would allow businesses to spring up around them and be more international. some hope it happens here too. >> let's be honest. they just wrecked the coliseum when they brought the raiders back by building that mount davis and taking away the outfield there. i mean, it seems to me that a new stadium would certainly make the fans experience better than it is now. >> reporter: as you said, it's been in the works for so long

and people have been talking about it but it's been proven to be a successful formula in other parts of the country of. the thought used to be that you could have baseball teams and football teams sharing the same stadium. and they are just such different needs. you can have football teams out by the freeway with ten dates a year and people arriving in their rvs and that time of thing. not the same for baseball where there's 81 dates and you want to be walking distance from where things are happen. >> they had a beautiful stadium proposal along the water what do you think they like better about the one by lake merritt? because it's walking distance to downtown? >> i would say. they are both close to bar. obviously the coliseum bart station has been handy for some time. the new proposed site is close to the lake merritt bart station but i think it's that concept, again if you looks across the bay when there's a game going on in that china basin area, there's a vibe on the street. you walk from businesses, you can do lots of different things. you can park your car somewhere, walk to the stadium. there isn't that dynamic happening right now out at the coliseum as isolated as it is

out there. >> that's what they are hoping for anyway. joe, thank you. sure. uc-berkeley is once again getting ready for possible protests over an appearance by a right-wing author who is coming to speak on campus tomorrow night. this is the latest round in the debate over the free speech rights of conservative voices in liberal berkeley. ktvu's ken wayne is in the newsroom with how the campus is getting ready and what the organizers are saying. >> reporter: frank, uc police will be setting up a large security perimeter around seller back hall where ben shapiro is set to speak tomorrow night. the campus college republicans invited him and during the four on 2, they hope police will crackdown on violent protestors. >> i hope they take a stand against these antifa thugs and stands up against these leftist criminals. i hope they protect attendees who just want to hear a different perspective and viewpoint that is never heard at uc-berkeley. >> berkeley police are prepared for demonstrations just like we

saw back in february for a planned speech by another former breitbart editor, milo yiannopoulos. and they will have a new tool to use. the berkeley city council last night voted to lift a 20-year ban on the use of pepper spray. ben shapiro on "fox and friends" this morning painted universities like uc-berkeley as machines for creating leftist who can't tolerate conservative ideas. >> i think the theme who are really disadvantaged by the leftism of universities people in the middle and on the left because they never hear a dissenting view. you never hear anybody with a different point of view and you come up with this notion by democrats that everybody on the right because you have never heard a right-wing argument, everybody on the right must be a nazi and they are worth punching. >> shapiro plans to say in his speech that violence in political settings is inappropriate and he stands against racism, sexism, bigotry and homophobia. here's the area that will be affected by the security measures tomorrow night and

including sproul hall, the student union, and etchle man hall. police plan to have the perimeter in place by 4:00 tomorrow afternoon. berkeley police say officers will arrest any protestors who carry weapons or wear masks. this is a runup to a bigger event planned by milo yiannopoulos that he is calling, free speech week. that's supposed to kick off on september 24 but campus officials say the series of events with controversial figures including ann coulter and steve bannon does not yet have the required per police. frank and julie? >> ten wayne in our newsroom, thanks -- ken wayne in our newsroom, thanks, ken. a fundraiser drive to help a berkeley hot dog vendor raised more than $70,000. video of his encounter with a campus police officer outside cal memorial stadium last year went viral. he was cited for not having a permit. the police officer has been seen -- was seen then confiscating the $60 that he had in his wallet saying he was

holding the money as evidence. people angered by the incident created a "go fund me" account for the vendor, which again has now topped $70,000. coming up here, tragedy in florida following hurricane irma. at 6:30 details on the deaths of 8 people at a nursing home after the storm. >> thunderstorms are done for now. we had a few sprinkles in san francisco this afternoon but it's that winding down -- there's that funnel cloud we talked about. tornado warning up on lake tahoe today. that has since expired. the tornado warning. but boy, a spectacular sight up there. we come back, we are going to talk about what you can expect for the rest of the week. >> first, new at 6:00, disturbing details on an animal abuse case in the east bay. a puppy severely beaten allegedly by the dog's owner. >> he is absolutely remorseful that his dog got hurt. i mean, he didn't mean to do that.

new at 6:00 a case of animal cruelty in the east bay. a 9-month-old pit bull severely beaten and tonight the dog's owner is facing charges. the puppy was beaten so severely that it's now undergoing facial reconstructive surgery. this as the dog's owner made his first court appearance. ktvu's cristina rendon live now in the newsroom with more. >> reporter: we understand the surgery is just wrapping up at a vet who. in dublin. we are told the publicity's injuries were more severe than thought with both sides of the jaw broken. we want to warn you, some of the pictures are disturbing.

>> this one is criminal in nature. this was over the top. very disturbing what was done to the dog. >> reporter: allie is a 9-month- old pit bull puppy rescued by good samaritans and taken in by animal services in alameda county. sergeant kelly says the dog was beaten with a wooden dowell at the hands of her owner in the garage of a home in hayward. allie hid and survived. >> had she been an older dog, we probably would have had to have put her down. but she is such a resilient dog and what really stood out about her was her personality and her charm. >> reporter: both sides of allie's top jaw are broken. she has a missing tooth and bruising on her back and on her back legs. at a vet center in dublin she went into surgery wednesday afternoon. at the same time, her owner was down the street appearing in court. >> all right. let the record reflect that he is present and in custody. >> reporter: the man from

hayward pleaded not guilty to a felony animal cruelty charge. a prosecutor argued against releasing the 23-year-old on his own recognizance. >> the defendant gave a statement to police admitting to pretty much all of it including the fact that he used not only his fist but a 6-foot wooden rod to beat the dog with. >> reporter: she says her client is distressed by what happened and has no criminal history. >> he is absolutely, um, remorseful that his dog, um, got hurt. i mean, he -- he didn't mean to do this. he is a good man. he just -- it was just a bad day. >> reporter: bail for the man was $10,000 and the dog will never go back to that home in hayward. >> just a baby starting out her life. obviously this was not a good start to her in regards to abuse. but someone will give her a

wonderful life. >> reporter: tri-valley is collecting donations to pay for the cost of the surgery and there's also a lot of interest in her. she will be available for adoption later after she recovers. >> i'm wondering when the attorney says he didn't mean to do this -- [ pause ] >> -- what does she mean? what did he mean to do? >> reporter: she said he was having a bad day and there's a big question as to what may have sparked this beating. we understand that a possible motive could have been that the dog, um, went to the bathroom in a place it wasn't supposed to and then that possibly angered the owner? again that could have been a factor. it's under investigation. but when we did talk to the attorney, she said he is completely remorseful. he didn't mean to do and he was just having a rough day. >> we hope the dog allie finds a good home. thank you, cristina. now to santa rosa where police hope surveillance video will lead to an arrest in their search for an armed bank robber. it happened about 11 a.m.

this morning at the chase bank. the man had a black bandana, took out a gun and demanded money from the teller. no injuries. san francisco police have made three arrests in connection with a deadly shooting last month and they revealed the gun used in the homicide had been stolen from a san francisco police officer. the victim, 23-year-old abel esquivel was found near 26th and south van ness early on august 15. he died at the hospital. san francisco police say 18- year-old eric garcia pineda bass arrested monday and charged with the homicide. a 24-year-old man faces robbery, burglary and conspiracy charges. and police say 18-year-old daniel cruz was arrested yesterday. he also faces homicide and other charges. police say the gun used in the shooting was the personal weapon of a san francisco police officer, stolen from his

car a few days before the killing. an internal investigation is under way surrounding the theft. san francisco is considering a ban on glass containers in city parks including wine bottles. a public safety committee sent its report to the board of supervisors today with committee members all agreeing the ban should be approved. supervisors expect to make a decision next week. but at the same time, supervisors are also dropping plans for a $1,000 fine for littering in dolores park. that part of the proposal was cut because opponents said the steep fine would unfairly penalize low income residents. ♪[ music ] and about 4:00 this afternoon, this appeared up on lake tahoe. you can see it looks like a little funnel there. but if you look down, you see the water vapor trail. that's the funnel reaching the lake itself. that's a waterspout basically. they did issue a tornado warning up there at around 4:00 because if that thing moves on land, it's conditioned a tornado although weak. waterspouts form easily over the water if you have just-

right conditions. so that's what you're seeing up there. these are the thunderstorms that produced that waterspout and most of that activity is dying down. but reno and towards susanville some more thunderstorms -- it's justone of those just one of those weeks up there. most of it is out of the area. we start to dry out but not warm up. we start to dry out, humidity wise not just from rain and thundershowers but it's been very humid. humidity is noticeably less tomorrow. and the next couple of days. so as you look at the cloud cover out there now, you have some fog at the coast. this is for tomorrow. this is for san francisco. partly cloudy skies in the morning. partly sunny in the afternoon. 62 in san francisco at lunch and mid-60s in san francisco at the end of the day. so it doesn't get hot tomorrow. inland valleys tomorrow upper 70s, low 80s. that's like concord and livermore. so kind of a mild little day as

we head into your bay area. i'll see you back here with the long-range forecast. coming up here an east bay neighborhood warned not to use their tap water. >> we wash all the food we had plus we had to throw away a lot of food that was prepped yesterday. >> in a moment, the latest from water officials as residents and businesses try to cope. >> the cleveland indians break the a's record for the most consecutive wins in the american league. 21 in a row. mark with more on their incredible run later in sports. new developments in a sex scandal involving several bay area police departments. why charges against one officer were dropped today.

new details tonight on a water warning in the alameda point neighborhood as officials warn everyone there not to drink, bathe or use tap water because it may be contaminated. the alert only affects the alameda point neighborhood. ktvu's alyana gomez reports on how businesses are dealing with it. >> reporter: frank, it's been a frustrating process. a lot of people here are in limbo and i wanted to make a clarification because there was a car that came up with a family inside not using their water. they thought they were affected by the water advisory so the water advisory affects only people in alameda point to our west of main street. so want to make that clear, west of main street. other areas in alameda and outside alameda point are not affected by this water

advisory. but again those people being told not to drink, not to bathe, not to use the water at all. we're also getting some newer information now from some officials they have made 10 portable showers available at the fire station here. >> fire training center. >> reporter: the fire training center in alameda point. so they have that available in the meantime while they are unable to use the tap water. they could shower. so that's helpful for the residents of alameda point. there are 267 households and 60 businesses here. they are scrambling to deal with water come contamination. a cater who has been in business for 20 years says they have never had to deal with this so the caterer had to come up with a plan on the fly while asking friends and other employees to come in and help

with washing dishes because they can't use the water. so on top of that, they learned that there are 150 gallons of water a day, they use 150 gallons of water a day and had to buy 5-gallon water jugs as possible to meet the demand for today. >> it was inconvenient and i had to add extra staff an i had to be at walmart at 6 a.m. to buy 60 gallons of water. it was inconvenient. and but no, it will work out and now we have an emergency amount for next time just to have. >> reporter: the health department stopped by pacific fine food earlier today but thankfully, they didn't shut them down because they had a plan in place for the water issue. the owner says shutting down their business for one day would have cost them $5,000. they did still lose money in the process having to throw way more than 90 sandwiches and salads at the oakland airport and make them again. also the owner can't imagine having to go through this for

another day or through the weekend. public works who we spoke to today says they know what's caused the contamination but they are trying to find the source before the weekend comes. >> we think there was a cross connection between the drinking line and irrigation water and it led to the other water getting into our drinking water system. >> reporter: so the update is that the threat is minor, again water officials are saying they have been testing the water last night and it's coming up normal. but just out of a precaution, they don't want people to use or drink the water yet because they want to make sure that it tests back to east bay m.u.d. standards and it's east bay m.u.d. water in their water. they will continue testing it and looking for the source here in alameda point but until then, they say to continue drinking the bottled water. come here to collect it with the american red cross. they are continuing to give out cases of water. so just prepare for another couple of days under these

circumstances. report leaving in alameda point tonight, i'm alyana gomez ktvu fox 2 news. thank you. ktvu fox 2 news at 6:30 is next with tragedy in florida following hurricane irma. >> there were a number of people in respiratory distress and other distress. >> up next, details on the deaths of 8 people at a nursing home after the storm. >> plus a man shot by an off- duty sheriff's deputy in the east bay. what we're learning from officials and why the man's family says the deputy went too far. >> plus, more on the bay area's growing homeless problem with the look how the issue is affecting city business then and now. stay with us, ktvu fox 2 news at 6:30 is up next. ♪[ music ]