tv The Ten O Clock News on KTVU Fox 2 FOX May 23, 2018 10:00pm-11:00pm PDT
2 starts now. video shows a man breaking into a store in san francisco the suspect has done this more than once and has been caught but was released by the judicial system. >> this person pending trial with a lot of these charges from before, he has been released and within two weeks he is committing three more. a san francisco police captain complained to ktvu they catch the bad guys before you know it they are back on the streets. good evening, i am frank somerville. >> good evening, i am heather holmes. and if the thief is arrested it would be a short time and -- in jail. amber lee said that he keeps
committing the same crimes over and over. >> reporter: we are on union street in san francisco's marina district a man is charged with multiple burglars was released from jail awaiting trial two weeks later he hit the store and two others. >> he hit the say times and then tried to unlock the door. >> she arrived at her shop monday morning and found the glass broken on her front door the surveillance camera caught a man breaking in and they recognize the burglar, a repeat offender he has already been charged with five glorious -- charged with other charges. he is benjamin chase a judge released in may 7 while he is awaiting trial with orders to get drug rehab and wearing an
ankle bracelet. >> we see the same suspects committing the same crimes over and over again on the street. >> the captain shared with us surveillance video of him breaking into other businesses he says his unit is using a strategy called on the link to break down on the property crimes committed by repeat offenders. >> when you get a few cases they put it together to get a stronger case to take over to the judge and jury possibly. >> reporter: he acknowledges the bundling of five cases did not keep the judge from releasing him, but now that there are additional cases there is a stronger argument to keep him behind bars. >> she removes all the eyeglasses from the display windows when she closes up shop she is frustrating -- she is frustrated she bought the business a year ago it's a dream that she worked for for 24 years. >> he is hurting the small
business owners who struggle. people struggle to survive on this block. >> reporter: police are advising victims to work closely with prosecutors and attend court proceedings and testify so that the judge and jury will know the impact of the crime. the suspect was arrested yesterday in he is being held at the san francisco county jail without bail in his court appearance is scheduled for july 12. >> we will have to see if this time he stays in jail. officials are looking into how the wing of an aer lingus passenger jet hit a concrete pillar this afternoon. flight 147 from dublin was being towed to its gate at 3:15 pm the picture shows the wing against the pillar of the international terminal no one
was hurt but this comes three weeks after the airport and the faa said that they were working on a new safety action plan following several go around incidents. two people suffered injuries when the double-decker bus caught fire. a ktvu viewer sent us the cell phone video, the fire was reported at 4:30 pm and the bus was on columbus avenue near broadway firefighters say that both victims were treated for smoke elation and the flames burned the left side of the bus and there is no word on how it started. the national football league adopted a no protest policy it's a duck -- a direct result with colin kaepernick making his decision to mail during a preseason game back in 2016. we have live coverage tonight allison is live in washington
with details on the snow kneeling policy.>> reporter: you probably remember mike pence walked out of the game with the indianapolis colts and the san francisco 49ers after seeing the players neal during the national anthem and he didn't want to dignify it by staying at the event. but now we hear a different tune from the vice president but the league is winning he says. the commissioner, roger goodell , said that the owners approved a new policy they are required the players to stand during the national anthem if they come on the field. they are no longer to have to be on the feel they could be in the locker room. each team can decide how they decided. a new policy is aimed at calling the waters. colin kaepernick took a need to protest police brutality.
>> wouldn't you love to see one of these nfl owners, when somebody disrespects our flag to say, get him off of the field right now. he is fired. he is fired. >> reporter: commissioner goodell explained the new policy wednesday calling this an important moment. >> we want people to stand and all personnel and make sure that they treat this, moment in a respectful fashion. >> vice president pence posted two tweets, americans can once again come together on what reunites us a flag, our military and our national anthem. the co-owner of the new york jets is pushing back on the policy, the team will pay any fine for its players kneeling during the national anthem and no one will be punished. >> the owner of the 49ers abstained from the vote he was the only nfl owner to do so.
>> the nfl players association said that they were not consulted about this policy and they will challenge any aspect that is inconsistent with its collective bargaining agreement. in a statement the unit said, nfl players have showed their patriotism through their community service and support of our military law enforcement and yes, through their protest to raise awareness about the issues that they care about. we are also hearing strong reaction from the 49er faithful. >> azenith smith is in san jose. >> reporter: they thought this and the controversy was going away but is is now back into the spotlight especially after the 49ers owner did not vote. >> i do not like it. i do not like it because you know, you are taking away someone's right. that is what this country is built on it is built on
freedom. >> you can do whatever you want, you go with what the policy is. >> 49er fans on both sides had much to say on the new policy. several filled the theater for the the address. the nfl commissioner said that the change was unanimous and the 49ers owner said he disputes it and he abstains. he said i wanted to make sure that we focused on the progress aspect of this and not focus on the protest. i think there is so much more to it than a player standing. he plans to make sure that the nfl isn't fitting on this part. >> i respect that he knows we are in the bay area where there
is a wide diversity of opinions, i think you did the right thing. >> there are so many people who are these super patriots in their mind, but when you are at a bar do ever stand up?>> reporter: a silent protest with police brutality and racial inequality, the 49er players we spoke to it didn't have much to say. >> i am not sure the details on everything but we will cross that bridge when we get there. >> reporter: i asked him if he plans to stand for the on them or stand locker room? >> that is so far away from my mind right now we are in me i will make that decision then i am not sure what i'm going to be doing when it comes to the season. >> i guess i am glad that they gave an option for the players. but like i said i haven't really read into it. >> we thought it was going way but now it is back into the lead again i am ready to watch football i am tired of the distractions. >> reporter: he is in nfl -- in atlanta for the nfl meeting.
no one addressed the nfl policy today. >> john sasaki in the south bay. >> he can rejoin the team after a judge in santa clara county dismissed domestic charges against them. he was given the thumbs up if he was relieved by the decision last week his ex-girlfriend recanted her allegations of abuse she told the court that she made it all up after foster tempter the judge said that she reviewed the 911 calls, photos and she had in fact made up the story. >> what the judge said was it's not just the recantation from her that led to this decision but it was the entirety of the evidence that was put on it at the preliminary hearing. >> in a statement they said that the organization is aware of the domestic violence charges
against him were dismissed earlier today and as a result he will have the opportunity to rejoin the team tomorrow. it has been make clear to him that is place on the team is one that must continue to be earned. -- >> they say it is disappointing. some are scared, some feel guilty customer chorused and some need money. whatever the cause we move forward on cases when victims falsely recant because we know that if we do not more victims it will be hurt. the bright lights at the sales force tower were switch on again for a second in the row but this time mother nature cooperated with the lights flashing, they want to celebrate the first night that you could actually see them. there are more than 11,000 lights at the top of the building but they were hard to see during the grand opening last night due to all of the fog. the sales force towers, that makes it the tallest office
building west of the mississippi. still ahead tonight, the why and guide us -- goddess is sitting on her own light show. this is a picture of it. at 10:30 pm the judge rules on president trump's twitter use. this time last night we had drizzle but temperatures are on the cool side right now and we are trending in a cool to mild weather direction. raw sewage is being dumped daily into bay area neighborhood. 2 investigates that this is actually legal. >> it is like rotten eggs and rotten milk at one time.
the raw sewage. the companies that are doing this are not breaking the law. >> in fact, they are permitted to dump their. right in front of the homes, today, showing us what neighbors are dealing with and questions on why this is legal. >> reporter: this started with the tip we were sent these photos of us up dictating drunk -- truck that is dumping its cargo in two a manhole. we question one of the companies workers who were dumping there, that was before we found out this is all legal. 2 investigates, are you supposed to be dumping this here? >>, in the act. >> yes. >> reporter: after repeat complaints from this neighborhood. >> it seems like every day, it smells like rotten neck sent rotten milk. >> -- rotten egg smell. >> reporter: 2 investigates
went undercover. they gassed up before they went up to the oakland hills. after leaving this house they had to another job before they come here to castro valley. >> are you guys supposed to be dumping this into the sewer like this? >> yes. >> why is that? >> it is part of how it goes. >> is this legal? >> yes, it is legal. >> reporter: this is part of the sanitary district. we saw the manager what we saw. >> that is a normal operation of a discharge for septic tank. >> reporter: what? this is normal? >> there is no way this could be legal. >> reporter: it connects to the treatment plant but neighbors like robert henderson said that his family is sick of the smell. >> i cannot have my family out
here. >> that is legal? they are allowed to be doing that? >> yes. what would you say to people that are upset with the smell and they do not like that happening in their backyard? >> again, for that particular site we have not heard any of those things. >> it is not pleasant. >> reporter: he had been complaining for years. >> i got the wash around. >> reporter: records show that he called several times about the reoccurring dumping and the sloppy splashing and the mass. the company was issued a warning letter to clean up its act. but they assigned this to two septic tongue -- septic tank truck companies. >> usually it's dumb tear.
>> reporter: this program started in 2015 abroad and $20,000 for the sanitary district dumping is only supposed to happen monday through friday between 9 am and 3 pm but never say that the trucks pull up any time on any day. >> birthdays, mother's day, holidays we host a lot of barbecue so it is unpleasant to. >> so your kids could be playing right here and the truck will pull up right here? >> that is correct. >> next-door the hendersons agree, not in my backyard. >> whoever made it legal needs to change the thought process a little bit and possibly take another look at that. >> can anyone just open up a manhole and dumb stuff in that? >> know they need a permit from us. even with the permit 2 investigates found other companies are accused of potential problems. different company is reported for spilling on the same street it's only a few feet away from this area where stormwater flows right into the bay. >> it's gross i think about my
shoes. since we started to ask questions the sanitary district sent this letter to the septic tank truck companies complaining that they are concerned by recent concerns with recent spills and they may have to take steps. the neighbors say it is too late. >> does it make you want to move? >> i asked the general manager, he said it is important that the wastewater goes to the proper place and that manhole is the pipe that's able to carry all of that sewage to the treatment plant. there is a chance they could have an inspector present. >> it is a shame to hear the man say that. what did it smell like? is the area looking at trying
to find a different dumpsite? >> when we were there you couldn't spell it until they started to dump it. it is human waste in their. to answer your second question they said they have not received any more complaints but they may consider moving and i did get an email from one of the companies we didn't identified them today because they did not break the law from what we saw but they actually requested the sanitary system that that manhole get moved in that they find somewhere else to dump it. >> honestly, who wants that right in front of their house? that is crazy. if you have a tip we would like to hear from you of us a call
510-874-0222. it is cool and it will be cool again tomorrow today it was 50s and 60s fries the we saw -- 71 near livermore valley. it is lower than it would be expected this to me your. here was the warm spot 66 fairfield i expect fairfield 82 degrees on this day. 61 oakland that was the high. and the same thing tomorrow no big changes for tomorrow i suspect we will see less drizzle but still drizzle possible as two low pressure centers one on either side of california went out to the west and went out to the east continuing to disturb the pattern enough. and the marine layer will get stretched out. that is what we have here is one over here and here is one here, these weather systems,
these week low pressure system's will stick around all day tomorrow and all day friday friday will be a cool day. look at that fog right now into fairfield and davis. tomorrow when you get going there will be a lot of fog. heist tomorrow mid-60s, upper 60s at best. the wind is blowing significantly. just get ready for a day tomorrow, thursday just like your when sake when we come back we will talk about friday and the slight chance for a sprinkle. police shoot at three rottweilers when they started to charge. one did get shot and just ran away but it couldn't move a lot. the boston celtics were at home and with lebron james and the cleveland cavaliers are one game from elimination. the golden state warriors head to
he has a track record you will recall that all woman called police on smith and another man last month for barbecuing with charcoal in an area that wasn't allowed the woman who called police is lacking some say that the incident was racially motivated. in response hundreds of people showed up at the lake last sunday for an event called barbecuing while black. san jose pulley -- police shot at rot wild. three dogs responded to them after they were responding to a domestic disturbance. our this brought police to this area early in the morning officers open up the gate and went inside and that's 13 rottweilers charged through them and both open of fire and hitting one of the dogs. >> one got shot and it ran away. the one that did couldn't move a lot so it stepped out to the
side and we seen him and we saw blood all around. >> reporter: the animal that was injured was rushed to the veterinarian specialist with a gunshot and one of its legs but the dog is recovering and doing well. >> he may not walk again. he may not but i hope he does. he is okay. >> reporter: the san jose control officers went there and the officers up in a fire when the dogs were on his pretty. >> the police were there trying to do their job and the dogs typically protected their property. >> reporter: san jose police say that no officer was involved in the -- injured in the incident. >> they are authorized to do that if they feel that their life is being threatened and that that point the dogs charged at them. as far as the initial call, san jose police say that no one was arrested or cited. in the san jose studio i am
jesse gary ktvu fox 2 news. the push to rename a san francisco playground find out why neighbors say that the namesake was racist. these are incredible pictures from hawaii these are live pictures. you see this lava eruption lights up the sky. a judge rules against president trump on his habit of blocking users on twitter. closed captioning for the 10 pm news is brought to by mancini sleep world. i'm dianne feinstein and i approve this message.
i support the affordable care act, and voted against all trump's attempts to repeal it. but we need to do more. i believe in universal health care. in a public health option to compete with private insurance companies. and expanding medicare to everyone over 55. and i believe medicare must be empowered to negotiate the price of drugs. california values senator dianne feinstein
a federal judge in new york ruled that president trump violated the constitution when he blocked certain people from commenting on his twitter account. >> the rules guided free speech in the realm of social media here to explain the ruling and also how this could really tell there's. >> reporter: tonight she is ecstatic by the ruling. but it is a lengthy opinion that could have broader implications for social media. the seven sued president trump for blocking them from commenting on his twitter feed. with the 75 page ruling a district court judge ruled in
their favor, the opinion stated that president trump and his social media director had violated the constitution and that free-speech rules for a physical space should apply for social media. in their opinion such space is a designated public forum and blocking them constitutes viewpoint discrimination that violates the first amendment. david lavine is the professor of law here. >> one of the issues that came up is that the specific twitter account started when president trump was a private citizen but when he started to use the account as the president united states, then it became a designated public forum. >> reporter: could the ruling apply to other elected officials, but it doesn't set a binding resident but because it is a new area and because it is so thoroughly written it will have the effect of getting very persuasive as -- if other lawsuits are brought against other public officials.
>> we get a lot of complaints from people all over the country who are p.m. blocked by government officials and agencies from commenting mother his twitter, facebook, this is an issue that is relevant all over the country. >> blocking comments passes -- suppresses speech and could create a false impression. >> as far as the ruling on the presidents twitter feed the judge did not order injection saying that an expectation that the president would voluntarily comply and unblock the accounts. >> if you were to refuse then the judge would go ahead and issue an injunction and if the president refused again there would be a place of contentment of core. >> lavine said that the
president has 30 days to file an appeal. noun -- now down to southern hollywood. they declare this stormy daniels day. >> i declare it, stormy daniels day and the city. >> the mayor presented the adult film actress with keys to the city he called her a leader in the trump resistance situation. daniel said that she had an affair with donald trump back in 2006 and is suing the president for deformation and to invalidate the confidentiality agreement. we are learning more about a man that fell to his death. his page said he was a
biochemist working in new york. park rangers said he fell from the cables at 4:30 pm during a thunderstorm. his body was recovered a day later. the national park district said this is the first death since 2010. people were outside the comic book store. this is the only store in the world selling a new exclusive edition set in oakland.>> reporter: at the oakland based comic book store the lines stretched around the corner with crowds trying to get their hands on this. >> only store in the word that this version of the comic, that they had. >> reporter: the exclusive edition with an oakland deemed cover was that aligned -- designed by the toronto based artist. >> it was cool for me to see
that there are giving a shout out to oakland through comics. >> one thing you can see here you have the welcome to oakland sign. >> there is a lot of pride going on there. it feels good, i don't know. >> reporter: he wasted no time when they offered the store to commission the special cover. >> they get a list we have been waiting for black panther to show up and once it did we wrote to marvel and said this is one want to do. >> i am picking up for my brother and his friend. >> they are making new do the dirty work? >> yes. >> reporter: black panther became the highest grossing film ever in the united states. the fans found the value in the message of the movie and now there is a special edition,
book that was plain up the shelves for $4.99. >> he took a chance and ordered 3000 copies. they usually sell 50 copies monthly. >> we put them up for presell three weeks ago and orders were steadily coming in and just this past weekend it exploded. >> i was out and about doing my own thing and i said you have to come here. and i did and i am glad that i did. >> reporter: 1500 were held for pickup and not everyone will show up and if you come back in a week you may be able to get one of these in your home as well. reporting from oakland. still ahead a san francisco playground whose namesake is being called racist. >> they are there. >> the effort underway to rename it. we have clouds pretty much
newscast. these are live pictures from the big island in hawaii incredible pictures. this current round of eruption started three weeks ago now this scene is becoming the new normal. the lava continues to threaten homes. scientists say that there is no way of telling how long these eruptions may last. phase two up construction is underway in butte county in northern california. this video shows controlled blasts being used today to demolish the temporary concrete that was used to reinforce the spillway last year so it could handle the rainy season the focus is on rebuilding the seven or 30 feet of the spillway. they say that they are on track to complete the primary spillway by november 1. and the emergency spillway will be completed early next year.
the city is adding $4.2 million to its budget to increase funding for hiv and aids programs. the money will go to prevention and help services programs. the latest figures from the mayor's office shows that 60,000 people in san francisco currently have hiv the out reach a verdict being funded to reach more african and latino men and young men and transgender women. a man who lost everything are celebrating some good news, the return of a 300 plus oak block. its beloved 250-year-old oak tree it was the crowned jewel. the tree died out of the fire in they were going to make a table out of it but it was still enough of the property last week after the theft, it was widely publicized and then the tree was returned last night.
it returned mysteriously just as it vanished. after the break the push to rename a playground and san francisco the person who is named after now supported the chinese exclusion act. we will be back with the weather and how the holiday weekend will look. only marshall tuck will change that. year after year, policians fail to improve public schools. tuck turned around failing schools, raising graduation rates 60%. marshall tuck for state superintendent. marshall tuck.
there is a push underway in san francisco to rename one of the city's most scenic park is said that the a chair across from the heights neighborhood. it is named after a man that many consider a racist. >> reporter: this is one of the city's iconic parks with its commanding view of the golden gate is a favorite among locals. but few know about the man who owns a. they have launched an effort to change the park's name. >> he said that the chinese people, that chinese resorted to trickery. >> reporter: leaders from these groups launch their effort asking the public safety services committee to consider
the name change. organizers say that as a lawmaker he actively supported the chinese act, given the chinese immigrants out of the country and used ugly racial stereotypes to support that in five of the city supervisors have signed on to change the park's name putting it in a broader context saying that now , words and names matter. >> even so much important that we do this here in san francisco because it san francisco we have values here. >> what i would like to do is make a motion to pass this is a recommendation. >> without objection that motion passes. >> reporter: after learning the back story they agreed that it is time to change the park's name. >> now that i do know his name and what he did, i would say that is a good idea to get rid of the name of the park.
>> i would recommend to the board of supervisors to change the name of the park. we want to seek public input for the new name of that park. we could have a new name by october or november this year. we are tracking the weather out there we have fog and low clouds we had drizzle last night and this morning but not much the case tonight there can be a little bit out there before the sun comes up. the story has been the cool and below average temperature it is an unusual weather pattern for this time of year. i expect temperatures in the valley to be easily in the 80s and even some 90s at this point but we are seeing the temperatures generally for the next couple of days low 60s and low 70s at best because of that deep marine layer than the slough -- these two low pressure centers, they have
created this instability, look at it right now, look at the intrusion of low clouds all the way, working his way into stockton and into the sacramento valley, it is a lot. it is slow to burn off and then slow to have the sun come out. the low clouds have been there going so it is a slow burn tomorrow tomorrow, it will burn off tomorrow is a lot like today in terms of temperatures as we go into friday, a little bit cooler believe it or not maybe drizzle and saturday, sunday, monday, the temperatures warm up then we are back into the 80s. it is sort of -- a little bit longer we endure this unusual weather. there is the fog in forecast for the morning all the way up to 99 for the set of the valley then you see it burn off slowly then you see the highs, the yellows are 60s, so -- the yellows are 70s hard me, most
of us are in the 60s. the forecast for tomorrow morning, the flawed, the clouds, you see a lot of -- the fog, the clouds, you see it then we see some clearing then we are into friday morning, now we are into friday afternoon, friday is the coolest day you see how much cloud cover we have and the forecast highs, 65 napa for a high tomorrow and friday, of their near 63 or 64 in napa. 69 morgan hill. -- up there near 63 or 64 in napa. 69 morgan hill. memorial day you are back up into the upper 80s and low 90s. coming up on the 11 pm news, a show of support from students for a bay area teacher. they say that he is being transferred before he could -- because he took a knee during a flag raising. in the face of senseless violence, we need hope.
i'm jeff bleich. preventing violence has long been my cause. after columbine, i led president clinton's youth violence commission. i joined joe biden to reduce domestic violence, helping boys become men. i beat the nra in court, defending gun laws that save lives. today, a new generation is rising, and this is our moment.
either. >> it is early. that is the best i can do. they went hammering the way through the east coast, they hit a home run in every game and then when they come home and there is crickets, nothing happening. that guy, chris davis is out with a groin strain. that was a beautiful kutch. he robbed him the -- that was a beautiful kutch -- catch he robbed him. 1-0. here was another nice play by the mariner defense. he makes the grab. that was his
family on to watch a. he also got his first big-league hit. everything is bigger in texas, those guys prover right there, the astros, the world champs not many highlights for the giants with the two games, hernandez, he had a trouble here. the giants taken 1-0 lead. here is a turning point. here is a fly ball you will not see this often, andrew mccutchen he whips on it the fly ball gets away and here comes the run to score and it was on and he is much better than that but he had an off day today. burley under, six innings, three hits gave up one run and struck out nine. three of them mr. mccutcheon
goes down and has not completely caught the stride in the giants uniform. for lander 6-2. then to top it off, george springer. it is his 10th and it is eight 4-1 final. you nieve -- the cavaliers are one guy but they are starting to take their toll, lebron james looked tuckered out he will suck it up and he will go to the room 26 points, 10 rebounds. lebron did what he could to keep them on the floor but he also had six turnovers one of them right there. it was thrown the other way for jason tatum. he had 24 points for the celtics. lebron james cannot get this one to fall and there will be a scramble underneath, he will come up with it on ahead he
puts it down and the celtics are up. the celtics are up in the series and they go back to cleveland for the next one. they have not one the area. at 12 noon today, the golden state warriors got onto the plane and forgot about the one that got away last night against the rockets. it is tie 2-2. they go back and somehow stuff curry said he woke up with a smile in the space this morning. >> i woke up this morning thicken we played that bad and the fourth quarter and lost by 3 points and we played a solid defensive game. like i said we have a great track record and a put a smile my face. i am looking for the opportunity tomorrow. >> there you go. onto hockey the only thing better is a close game in game
seven it didn't happen. the lightning had the show on their home ice but the capitals take control. he had the laser show of his own right there. he is going to his first-ever cup final get this that was his 12th playoff goal. 1-0, tampa has eight periods scoreless. vegas is doing it up against the capitals and you know what it was a great fit from the get go. he will stick around for the sharks and the final touches are being put on a seven-year extension to keep him from wandering anywhere it will be a deal worth in the neighborhood of $49 million. it looks like he is sticking around and all sharks uniform.
we have come to that point of the night where we have to check this out. take a look at this. en desmond from the colorado rockies -- en -- ian desmond from the colorado rockies. here is a spectacular play off of the mound this played in slow motion. here is the best play, he hits it and look at that catch by the wall. i do not think i have ever seen that he is trying to tell them paris, what can i do with that? that is all worth checking out it is 11 pm and it is time for more news. coming up next at 11 pm. >> students gather tonight to
show their support of a teacher that took me for a flag raising ceremony and now he is being transferred. the 11 pm news on ktvu fox 2 news starts now. they supported a teacher at the high school. >> hello, everyone i am heather holmes. >> the transfer is for a variety of reasons that students think that the teachers being punished because he knelt during a flag raising ceremony. new at 11 we are in brentwood to show this show of support for the teacher. >> reporter: he is a history teacher and he advises several clubs and the mock trial team he has been at heritage high for 11 years the district said that he is disruptive but students say that it disrupts their education to loosen. he teaches debate and critic