Passing of her father. But she says her daughter needs to know what happened. She is not sure how do it, though. How do you tell your child that she is asking you and i dont know what to say. Reporter on saturday night, johnson was found shot to death on brush street near west grand in west oakland. The killing happened moments after johnson left a Community SocialJustice Center around the corner where he was a volunteer. A memorial sits near the spot where he was killed. Johnson, who everyone calleddom, stood up for what he believed was right. He spoke up on behalf of the homeless, inmates and people of color. He walked the streets during the occupy Oakland Movement to protest injustice. The little girls mother says the next question she will get is who did it . That makes her angry because she knows someone out there knows who did it. Coming up at 5 00 well hear from one of the victims brothers. Are there any witnesses . He was gunned down as he was walking in the street . Reporter its about 10 30 p. M. Saturday night. So its unclear how many if there were any witnesses. But obviously as usual, Oakland Police want anyone with information who may have seen anything to call them. Thank you. New at 5 00 a man accused of setting a series of fires in antioch is behind bars. Police have arrested a 37year old homeless man Jose Luis Gomez in connection with at least five fires along a street in antioch this month. He has been charged with four counts of arson and one count of attempted arson. At least 2 of the fires he is charged with burned vacant buildings. Arson investigators are trying to determine if gomez may have set additional fires along a street that damaged homes. No word yet on a motive. A judge today denied bail to the former marine accused of plotting a terrorist attack on Christmas Day in San Francisco. 26yearold Everitt Jameson of modesto appeared in federal court in fresno this afternoon where he is being held since last week. The judge said that he is a danger to the public and refused him bail. Court documents show jameson had converted to islam and was planning an isisinspired terrorist attack. The fbi says jameson told an undercover agent about his plan. He is charged with trying to provide support to a foreign terrorist group. The number of car break ins in San Francisco has spiked more than 25 since last year. Not welcome news for a city that experienced more than 25,000 breakins by the end of october alone. Ktvus Tara Moriarty says, the increase happened despite Police Efforts to ramp up Crime Prevention by doing more foot patrols. Reporter car burglars broke into more than 25,000 vehicles by the end of october of this year, about 5,000 more than reported at the same time last year. This one has been broken into, that one has been broken into. Reporter he runs an auto glass repair shop downtown. For every five cars that we bring in, at least three to four are breakins. Reporter over the past two years, he says business is up 40 . Its december, and normally this is the quote, unquote slow season on automotive glass, and we havent seen it slow even this year. Reporter city officials hoped to see a dip in ought he could breakins this summer after chief scott dismantled the departments Investigative Unit assigned to car breakins instead doubling the number of foot patrol officers hoping to deter crime. Between october and november auto burglaries dropped by 11 . Reporter the sfpd says it understands the publics frustration but the chiefs plan needs more time. And officers are targeting serial burglars. We are partnering up more closely with our partners at the District Attorneys Office so that we can really put the hammer and throw the book at the people that we have caught. I definitely think we need to give more time but more importantly, we need to give more resources. Reporter this supervisor says staffing numbers are down at sfpd and need to be beefed up. We put Police Presence around the clock at twin peaks. They went from 8 to 10 break ins a day to 8 over an entire month. Reporter this october his motherinlaw had her car broken into after being parked for just 20 minutes. Two years ago it was just in certain places in San Francisco. And now its everywhere. It doesnt matter if you are in russian hill, you name it, youre getting broken into. Reporter over the next week, sfpd is once again pushing out a social Media Campaign to warn drivers not to leave valuables in their cars. The warning about vehicle breakins. Reporter but some supervisors say thats not enough. They are pushing for legislation to create decentralized police units at each station to fight property crime. Its legislation they wanted months ago but pulled back to give chief scotts plan a chance. In San Francisco, Tara Moriarty, ktvu fox 2 news. San francisco isnt the only city seeing an increase in car burglaries. We contacted Oakland Police and auto burglaries there are up 32 in that city over the past year. A wellknown chef in the bay area is stepping away from his three restaurants after a wave of Sexual Harassment allegations made against him by former employees. Cristina rendon is in oakland where the accused chef held a staff meeting to apologize. Reporter that accused chef and Business Owner is Charlie Hallowell and he held that meeting here at one of his restaurants, penrose, in oakland. We spoke to one of his former employees. She says that his behavior was unacceptable. She remembers that she told him he couldnt talk to female employees that way. And he responded with a derogatory comment about her sexuality. Well, tonight as these businesses and restaurants are getting ready to serve dinner to customers, hallowell is apologizing for this inappropriate behavior. East bay chef and Restaurant OwnerCharlie Hallowell is apologizing for allowing, quote, an uncomfortable workplace for women. The apology comes after 17 former female employees came forward accusing him of Sexual Harassment as reported by the San Francisco chronicle. Hallowell is behind three popular restaurants, one on telegraph and two others. All are based in oakland and support social causes. I think it especially hits home here. Living in this neighborhood and, like, feeling, like, oh, well these people are kind of, like, beyond reproach, they all feel the same as i do, liberals, social ideals. Thats shocking. Reporter all three restaurants closed thursday afternoon for a staff meeting inside penrose where an employee says hallowell gave a heartfelt apology. I mean, you guys reporter the 44yearold declined to comment on camera when he left the restaurant and referred us to a statement before he drove away. Part of that statement reads, quote, we have come to a reckoning point in the history of male bosses behaving badly and i believe in this reckoning and i stand behind it. I understand that i cannot right the past wrongs and at the same time, i take full responsibility for all of my actions. But hallowell may already be losing some customers. I want to support businesses that support other women. And its frustrating to me that things like this that i truly enjoyed to be tainted by knowing that by supporting him, im also supporting a culture that perpetuates the harassment and denigration of women. I think the easy answer would be, like, yes, im not going to im going to boycott going to these places. On the other hand, theres a lot of people who work at these places who dont necessarily have anything to do with the owner, right, and are, like, relatively innocent and its their livelihoods too so i think theres, like, two sides to it. Reporter an outside attorney is conducting a full investigation and hallowell steps away from day to day Business Operations a. We have also learned that hallowell will or rather, the company has hired an hr consultant to implement new policies and procedures for all three of these restaurants in an effort to promote a safe environment for all employees. Cristina, is there any word how long he will remove himself from day to day operations . No word on that. He will step away while the investigation is ongoing. Tonight there is no word on how long that investigation will take. Thank you, cristina rendon. If you want to read all of Charlie Hallowells statement, we have it on our website, ktvu. Com. We have some breaking news right now out of hollywood. He learned within the last hour that the actress rose marie has died. Rosemarie who went by her professional name rosemarie was best known for her role as sally rogers on the Dick Van Dyke show. She began her career as eye child performer in vaudeville. Then she starred on broadway, tv and feature films. She also made frequent appearances on the tv show hollywood squares. Rose marie was 94 years old. Coming up here a special deal and an apology from apple. What they are offering to those who have older slower iphones. Several small quakes rattled people in the south bay. Well talk to some experts about what all the shaking could mean. And more than half the country gripped by life threatening cold a look at the problems including the city where it was 37 below zero. Well talk about our weather. We have a heck of a sunset going tonight. But we have more of those to come plus some rain in the longrange forecast. Officials certified the results of the Alabama Senate race today making doug jones the first democrat senator from that state in 25 years. Jones defeated republican roy moore by about 22,000 votes in the special election for the seat formerly held by attorney general jeff sessions. Moore refuses to concede defeat but the state election official today said the margin of victory increased when all the outstanding ballots were counted. The margin of victory in the election was 21,924, which is 1. 63 of the votes. That went up from 1. 54 based on the unofficial results on election night. Roy moore filed a lawsuit yesterday claiming there were voting irregularities. But today a judge denied the effort to delay the certification saying there is no evidence of fraud. Officials say moores last recourse would be to pay for a recount himself. Its hard to imagine but there are place in the country where the temperature was 37 degrees below zero today. The extreme recordbreaking dangerous weather is affecting more than half of the united states. Mike tobin has the report from chicago. Reporter from broken pipes to spikes in emergency medical calls, a wave of life threatening cold weather is now causing problems across the northern u. S. When i left home this morning, it was minus 40 on my thermometer. Reporter while some people are trying to have fun and make the best of the extreme weather, it is also triggering hypothermia and frostbite warnings. It feels like your skin is going to be on fire. It hurts after youre out there for a little while. Reporter the arctic blast is delivering wind chill alerts and temperatures as low as 37 below zero, a new record low in international falls, minnesota, thursday. I was kind of hoping my vehicle wouldnt start so i could stay home. [ laughter ] but it started. Reporter on new hampshires Mount Washington thursday it was so cold, Weather Observers poured boil water into the air and it immediately turned to snow as temperatures there hit mines 34. Meanwhile, in chicago, its been tough going for first responders. In one area, a car hit a fire hydrant trigger a large flood and an icy mess spanning several city blocks. In another neighborhood, a fire truck got stuck in the ice while responding to a house fire. Now officials are urging people to stay indoors and to check on the elderly during this extreme cold. Extreme weather is more than an inconvenience. It remains a serious and potentially lifethreatening event. Reporter the extreme weather is now affecting half of the of the country. In upstate new york, firefighters were forced to use a payloader to rescue a woman trapped in her home by 6 feet of snow. Mike tobin, fox news. Those pictures make you feel lucky to live in the bay area. It was so mild compared to the freezing weather getting back east. The pan they showed there with the boil water and it was blowing out around turned to snow immediately. 200 Million People below freezing today. Really. In the country. 200Million People in the united states. So a High Percentage i was listening to that woman about how the weather hurts. When i was in minneapolis, it was 80 below with a wind chill at one point and you go outside, and it just cuts right through you. It damages your lungs because it goes in and in burns the inside. Actually damages you. You cant breathe too deeply. [ indiscernible ] its cold out there. Thats why we live in california most of us because were not, you know, its not our favorite kind of weather although, um, the airports have not been suffering too badly, which is, you know, with all the deicing they have had to do. Heres where the temperatures are now. And you can see where that bite of air is. I think the thing to note here is, um, look how far south down through denver, obviously, but dallas is 39. Atlanta is 41. That cold air has infiltrated the interior part of the country and theres tomorrows forecast lows or actually highs. You will see its going to be a little warmer. So today might have been one of the cooler days. Then you see out west, in our end of the world, its extremely mild. Chicago right now 12 degrees. No delays in chicago. We had some flight delays early. Some small delays. We are not seeing any what it is, is its cold weather, lakeeffect snow but the big airports are running fairly regularly right now. In other words, were not seeing this has been the case really all christmas break so far. We have had some pretty good travel days for airport travel. For us out west, we have clouds. We see the sunset out there tonight. Maybe we can take that, melissa, just because its so pretty right now. Its live and its happening right know. There it is. Isnt that stunning . Um, that was clouds. These clouds are going to pick up as we head into this evening and into the next few days. So were going to see partly cloudy, partly sunny skies right through your weekend but still dry. Then things change around. Okay, you guys. Thanks for that. Lets go back to the satellite and you see the clouds that we were just seeing offshore. These are some of those clouds. Clouds increase through the next few days. Then by tuesday, wednesday, we got a pretty good shot at rain in here, which would be very, very helpful considering december has been record dry. I noticed this earlier today. Here you have the headlands, the bridges backed up. Over the Marine Mammal center, the traffic jam is going up to the headlands to see whats probably one of the well, we have had some great sunsets actually. Okay. When i come back, we are going to set you up with the long range forecast which actually shows some rain. So that will be kind of exciting. A winter spare the air alert will be in effect for the area as we close out the year. The alert is tomorrow through sunday due to a forecast of poor air quality. That means no burning wood, manufactured fire logs or other solid fuel indoors or outdoors. These alerts will bring the total number of winter spare the air alerts for the season to 16. The cold weather gripping the nation will impact the Biggest Party of the year. We are talking about the ball drop in new york city. Coming up, well look at the lastminute preparations. Plus a cluster of minor earthquakes rattle the south bay and beyond. Thats normal. Why theyre worried about a bigger one coming up. And later new at 6 00, caught on camera as a violent attempt to rob an east bay gas station. A closer look at the man seen attacking an employee and trying to take money from the register. Plus, the fbi announces an arrest of the man dubbed the orange goatee bandit. What investigators say helped them track down their suspects. Coming up at 6 00. Unprecedented security, thats what people celebrating new years eve in times square will face. Brian llenas shows us what security changes are in place plus todays good riddance celebration. Reporter recent terror attacks not deterring people from times square from new years eve. More than a Million People will ring in the new year in new york. We are ready to have a great celebration and i want to emphasize what you heard from the commissioner. There are no credible and specific threats against new york city at this point in time. Reporter security precautions to protect the revelers are expected to be unprecedented. Typical measures like a mix of plainclothes and uniformed officers will be deployed as always but other steps such as increasing security at nearby parking garages and closer surveillance of large rental trucks are also being put in place. The nypd is the best police force in fact world. We have tremendous cooperation with our partners. But we must have the help of the people of the city to do everything we need to do. Reporter and with just days to the new year, people already gathering in times square thursday, this in an effort to start 2018 with a clean slate celebrating the annual good riddance day. How does that feel . It feels really great. Reporter now in its 11th year, the event gives folks the chance to write down their worst moments of 2017, shred em and move on. What are you shredding and forgetting today . Um, i have a whole list of human evils and my own personal smoking. Reporter for some, though, its not just 2017 that they need to put behind them. 20yearold bills. Good for you, better late than never. So what was the impetus for right now for finally getting rid of these . She needs to clean her house. [ laughter ] reporter for those who couldnt make it out to new york city, organizers are encouraging people to tweet using the hashtag good riddance day and they promise to shred your bam memory for you. In times square, bryan llenas, fox news. Quakes rattling nerves in the south bay. Some experts and what the recent shaking could mean. Plus its almost time to recycle Christmas Trees but recycling across the board is more important every day. And in the right place at the right time. How some friends driving down a dark road helped save an injured man. [ splash ] [ horn sounds ] dang ok, i gotta run. Hey, wait, theres something i need to tell you dang. Dang dang dang. Dang. See zero in a whole new way. Get zero down, zero deposit, zero first months payment, and zero due at signing on select volkswagen models. Now with the people first warranty. Thousands of people felt two earthquakes that hit the south bay this week. Ktvus Maureen Naylor spoke with earthquake experts about what the recent shaking could mean and she joins us live from our san jose studio about the chances of a bigger quake. Reporter seismologists say both quakes were on the calaveras fault line, were minor and normal but theres one particular fault line thats definitely due for a much larger quake. Reporter this 3yearold slept through tuesday nights minor quake but her mom was awake here on the couch at home in alum rock. It felt like a big jolt. My heart was pounding. Reporter ann wilson says she was surprised that jolt was only a 3. 9 on the richter scale. It just felt so much bigger than the last couple we felt. It was fairly unsettling. [ laughter ] because you just think to yourself, when is the big one going to hit . Reporter the couple is some of the 9,000 people who reported feeling tuesdays earthquake, which was the second and similar size in just a few hours. This is the magnitude 3. 1. Reporter a 3. 1 quake centered in san martin struck around 7 15 tuesday night followed by a 3. 9 earthquake three hours later centered in east san jose. So that kind of raises the question, what was the reason for these two earthquakes occurring three hours apart . I mean, the short answer is, we dont know why. But they do seem to have been related to each other somehow. Reporter art says tuesdays quakes are not unusual. And not necessarily foreshocks for a bigger one but notes a high chance of a bigger temblor hitting the bay area. In fact, a 72 probability of a 6. 7 earthquake or greater in the bay area from now until 2043 and he says the hayward fault having the highest likelihood with 33 chance of a big quake followed by the calaveras fault at 26 and San Andreas Fault at 22 . Its a useful reminder that we should be prepared for earthquakes that are larger and more damaging because they can occur anytime. We put the deadbolts and the twobyfour. Reporter the will some family recently secured their china cabinet to the wall bringing some peace of minds after the recent shaking. Just glad can wasnt a big one. Reporter back to the hayward fault. We wantto show you some photos that show the Alameda County courthouse before a quake back in1868 and the destruction after. That fault on average had a big quake every 140 years and next year is 150 years since that last big one which is why experts say it is due. They say its also a reminder to make sure both your home and workplace are secure. All right. Maureen naylor in the south bay, yeah, maureen, we all know, i mean, at some point its going to happen, just the question is when. I think also i want to point out on this one, i know a lot of people sometimes say, oh, its only a 3. 9 or 3. 1. But i know for those people who feel it once you feel that jitter, especially a lot of people newer to the bay area maybe havent felt one before, its a reminder of whats out there. Its scary. Thank you, Maureen Naylor. Police in fremont are investigating what they are calling a suspicious death. The 47yearold woman was suffering a severe head injury and stumbling down fremont boulevard near thornton avenue on Christmas Day. Someone called 911 and that woman was taken to the hospital where she later died. The woman was homeless. Detectives have now canvassed homeless camps interviewing people who knew her in the area. But so far, no word of any suspect information or on any arrest in the case. Its a message that napa and Sonoma County have been trying to get out since the wildfires, that they are open for business. Wineries are looking to bounce back following the devastating fires and they need tourists in order to do that. Fox newss adam housely has our report tonight. Reporter while the thomas fire in Southern California is at the end and the largeness state history, the most destructive fires are the fires that broke out here in Northern California in october destroying nearly 9,000 structures, many of them homes. We stood here at this winery. This is whats left of the winery. Today, its been cleared and they hope to rebuild and have a new tasting room open in two years. Check out this scene as compared to october 9th, the morning after the fire burned through parts of napa. You can see that the rubble from cinderella winery was extensive. The entire building was completely destroyed. But when you take into account that in napa and Sonoma County there are nearly 700 wineries and only 22 were either damaged or destroyed it gives the idea that wine country is not in a desperate situation when it comes to its location. Its actually becoming a little more desperate when it comes to its tourism because the tourist dollar obviously pushes the economy here and there are a lot of people that havent come to wine country after two weeks of solid coverage of the fires back in october. Now locals say they need to come back and need to enjoy wine country because they wouldnt really notice where the fire damage is located. Most people are very surprised. They are expecting to see charred areas, burned areas, and they are few and far between. Reporter wineries like this on napas silverado trail are trying to encourage tourists. Up the hill they cannot taste wine here for years but what they can do is go to peoples homes and taste wine, reaching out, doing the experience at home trying to keep the market up as they recover. Theres also concern about the rebuilding process here in wine country and how government might get in the way. So far its been streamlined. A winery from concept to completion used to be six years. Now in napa its two years to rebuild. In napa, california, adam housely, fox news. If you ever play the lottery, this would be a good week to buy some tickets. The jackpot for both Mega Millions and powerball is closing in on threequarters of 1 billion combined. We get out of car and we hear a guy in pain and yell back to ask what happened. And i guess he fell down the hill somehow, then broke his knee. And that was just the start of a harrowing rescue of an injured man in the south bay. The full story coming up next. The lights are back on at disneyland tonight. A power outage left some park visitors stranded yesterday as the outage shut down 12 rides including its a small world. Many guests were taken off rides and visitors were disappoint. We were at its a small world and all the lights goes off. And we were waiting about 20 minutes. Was that scary . Yes. Visitors say they are not sure if they will get their money back. Disneys policy says tickets are nonrefundable but a park spokesman said tickets may be refunded on a casebycase basis because of that outage. An injured man spent hours stranded out in the cold at Guadalupe Reservoir before being rescued. He slipped and fell 10 feet before being rescued. Christien kafton says there was a dramatic rescue and how the victim signaled for help. Reporter rescue crews here in los gatos still on duty still working hard despite last nights dramatic rescue of a man in the cold with a broken leg. Absolutely. It was a 10foot fall in the dark down a pretty much vertical space. So yeah. Definitely not good. Reporter rescue teams say a 40yearold homeless man was on foot at Guadalupe Reservoir and slipped and fell about midnight last night some 10 feet and broke his leg. If you look, you can see blood on his pant leg. That man had the wherewithal to use a light to try to flag down a passing vehicle. He didnt have a cell phone and was stranded on the far side of the reservoir. Firefighters estimate he was about 150 yards away from hicks road when he used that light to gather the attention of a carload of students driving by. Those students were home for the holidays when they saw the man in need. Driving down hicks road and we see a light flashing from over there. And so we agreed to pull over and we get out of the car and we hear a guy in pain. We yell back and forth asking what happened. I guess he fell down the hill somehow and then broke his knee. Reporter firefighters are saying its very fortunate they spotted that man, that group of students. They called 911 and stayed on scene calling to him trying to get updates on his condition relaying the information to rescuers. It took crews about 15 minutes to reach him and about an hour to get him out of the rough terrain. He was taken to the hospital for evaluation. No word on his injuries beyond that broken leg but we have heard he was transported in stable condition. Considering the chilly temperatures last night and the nature of that injury, rescuers are saying this could have been a very different story if the man hadnt been able to signal for help or if that carload of students hadnt stopped and called 911. In los gatos, christien kafton, ktvu fox 2 news. A double dose of big lottery jackpots this week. The Mega Millions and Powerball Jackpot are worth 690 million combined. The powerball jumped to 384 million after no Winning Tickets were sold last night. The next drawing for that jackpot is on saturday. Tomorrow night, the Mega Millions drawing is worth 306 million. The odds of winning that jackpot about 1 in 303 million. Cant win unless you have a ticket. A lot of money. Coming up, the sound of Christmas Carols replaced by noise in San Francisco. [ noise ] the big cleanup is on. What to do with the trees and all the trimmings that that are piling up. And loosening up a leash law thats making dog owners and dog walkers happy. We are getting readied for the Holiday Weekend around the corner. Ill let you know what you can expect for tomorrow and beyond. Dog owners in marin county have reason to celebrate. The National Park service withdrew its plan for new leash laws in the golden gate recreational area. So they will be able to run off leash in several areas including most of muir beach, Homestead Valley and the wolf ridge loop. The chairman of the Crissy Field Dog Group said the turning point came after an email was leaked. There was some emails we called them woofy leaks. Those emails really described that the park service were doing things behind the scenes that were improper and that the new administration, the trump administration, took this very seriously. Todays decision ends the battle. As it has done many years San Francisco is rapping the Holiday Season with a Christmas Tree lighting cycling demonstration in front of city hall. Ktvus tom vacar tells us, just how much waste is now heading for the landfill and recycling center. Reporter in days, Christmas Trees weighing 188,000 tons, as much as 2 navy super carriers and six attack submarines, will line streets nationwide. San franciscos 500 tons of trees will weigh as much as a fully fueled and loaded 747 jumbo jet. Its because of the sheer volume that recyclers need some help to clear the holiday decorations. Naked trees only. No plastic bases, no little ornament hangers, nothing. Naked trees. Reporter since trees make way better mulch than compost, separate them from your other organics such as food straps and yard clippings. One of the reasons its really important to put that tree out on the day its going to be collected is just so it doesnt sit outside for several days because more and more we see one thing, idiots coming along lighting these things and sometimes those fires spread. Otherwise because there are almost as many Christmas Tree fires in january, many attributed to being burned on streets and tree lawns, the department of public works has to pick them up to avoid blight and fire. The trees make it a challenge because we actually most of the stuff that we have goes one place, the trees go a different place. So we end up spending more time separating the load and dropping off the trees. Reporter the other side of the Christmas Tree story, packaging and wrapping. Its going to be 17 or more this time of year because it was a strong holiday for retailers. Reporter it was strongest for online, especially amazon, whose boxes have radically changed the traditional waste stream. Much of it is now dominated by cardboard brown instead of ribbons and wrapping. We can reuse these cardboard boxes for storage, for shipping. We can even use them for gardening. Reporter flattened boxes placed underneath the topsoil when planting will retain more moisture requiring less water and ultimately the cardboard, which is made from wood, eventually dissolves into the earth. Tom vacar, ktvu fox 2 news. Apple is offering a special deal and an apology for customers with older phones that are operating slowly. The issue has led to several class action lawsuits accusing apple of deliberately slowing older iphones so users would buy new ones. But apple issued a statement saying today the problem actually has to do with older batteries that have degraded over time and no longer work at optimum levels. Apple is now offering to replace batteries for 29, a 50 discount. Apple could still face lawsuits in connection with those slower older iphones. And sluggish sales for the iphone x may mean or problems for the company in 2018. Hillary vaughn is in los angeles with a look at what to expect from apple in the new year. Reporter it looks like tim cook has recovered from his embarrassing pay cut in 2016 raking in a massive bonus this year. The tech giant gave its head guy a 74 bigger bonus after slashing his pay last year when apple failed to meet its own targeted goal and iphone sales declined. He takes home 3 million, a bonus of 9 million and adding his share of awards, his total pay tops 100 million for 2017. The most expensive iphone ever is facing lukewarm demand into the new year. Apple reportedly cut down the iphone x shipments for q1 by 30 Million Units as tech analysts softened expectations. Sales performance shows it didnt boost demand like investors anticipated. Tech analysts found that iphone x sales accounted for just 30 of iphone sales in their first month. Even with three new phones on the shelf, apple saw its lowest first month Sales Performance for new devices in the past four years. With fewer people opting to pay for the newest generation of iphones, the Company Faces controversy surrounding their older models. Apple admitting they have been throttling battery life on older iphones and now at least nine class action lawsuits filed around the country want to see apple in court. Apple is defending their decision saying their goal is to deliver the best Customer Experience and capping battery life actually helps old iphones live longer. In los angeles, hillary vaughn, fox business. Lets talk about our weather now. Its extreme across the country and here its nice and mild. I think thats why you can buy a house in detroit for 50,000, right . Its so expensive out here because we really do have this incredible weather and we have had december has been historical in the lack of rainfall. Thats not good but we have great weather. Today is no different. Highs in the low 60s today as opposed to the record setting lows in the great lakes. Showers in the Pacific Pacific a northwest and snow in the cascades. That area not that specific area but the jet stream which is in that area will drift south into the next four or five days. We may have rain midweek next week. Partly cloudy and partly sunny tonight and tomorrow and so hazy sunshine, filtered sunshine, overnight lows will be where they have been. You will get frost and lots of inland spots. We had a weak front go through monday and then this high just jumped into that hole and set us up with a dry pattern thats really taking us right through the new year. But after that, things do flip around. In the meantime, San Francisco about 50 degrees in the morning. Partly cloudy in the afternoon. Thats everybody. We are all upper 50s, low 60s tomorrow under partly cloudy, partly sunny filtered sunshine kind of a day. Um, theres your friday afternoon in San Francisco. And in the longrange model heres friday the whole day. Heres saturday. Im doing a bunch of days here, right . Heres sunday. You see a pattern moistening up. Heres monday. Not so great. But then heres tuesday. And this is actually a low pressure system down here coming in from the south and that is a pretty can be a really productive pattern. When you go out that far, the resolution is bad. Colors up on the wall there. But the idea is what you can see here is the jet flow coming from the southwest. Um, and it continues to come from the southwest for multiple days. Not one one one storm but maybe a couple. So hopefully that all worked out. In the meantime, here we go. More of the same with a few more clouds. Tuesday night a chance of a sprinkle in there tuesday night late and into wednesday. We should see some big changes. So now its just a sprinkle . Doesnt look like a significant rain . Yes. Multiple days. So well go wednesday, maybe thursday, maybe friday. So its kind of a more than a one and done. All right. Thank you. An incredible rescue in northern china. A man smashed through ice with his bare hands to rescue a stranger. It happened after a 70year old woman fell into an icy river. A man who just happened to be in the area saw her fall and without any hesitation rushed to the riverbank and started breaking the ice with his bare hands. He then jumped into the cold water and carried the frozen and weak woman back on to the riverbank. After the woman was taken to the hospital, listen to this, the man went home, took a shower and went to work. All in a days work. Very impressive. Incredible. Still to come, an inside look into the panic and chaos after last weeks deadly train agreement near seattle. The train is hanging over the overpass theres bodies everywhere. The frantic 911 calls from passengers on the train and from drivers on the freeway below. And in minutes, coming up new at 6 00, the fbi announces an arrest of the man dubbed the orange goatee bandit. What investigators say helped them track down their suspect. Plus, caught on camera, a violent attempt to rob an east bay gas station. A closer look at the man seen attacking an employee and then trying to take money from the register coming up next at 6 00. President trump tweeted today about china, caught redhanded very disappointed that china is allowing oil to go into north korea. There will never be a friendly solution to the north korea problem if this continues to happen. The United NationsSecurity Council barred north korea in september from importing any natural gas while also capping its crude oil imports. The sanctions were imposed in response to kim jonguns Nuclear Missile program. The chinese are the most important nation in terms of the Compliance Regime because most of the oil and Petroleum Products that north korea receives come through the chinese. Satellite images appear to show ships from both north korea and china transferring oil in the west sea more than 20 times since october. A spokesman for Chinas Foreign Ministry will neither confirm nor deny those reports but does say the Chinese Government has been enforcing the Security Council resolutions. President trump has been briefed on the attack in afghanistan. A number of suicide attackers stormed a Center Setting off bombs. 41 people were killed including two children. Another 84 people were injured. The explosions went off as people had gathered in the center of the kabul to mark the anniversary of the invasion of afghanistan by the former soviet union. The Islamic State has claimed responsibility for the attack. Authorities released 911 calls for people on the amtrak train that went off the tracks in Washington State near tacoma last week. It killed 3 and injured dozens more. Casey stegall reports. Reporter we are probably going to need medical aid in a lot of people. Reporter chilling 911 audio from passengers on the amtrak train that derailed last week during its inaugural run. We are on an amtrak train accident south of tacoma north of olympia. Tons of people are hurt reporter angela was one of the 80plus people on board when almost every car went off the tracks, falling onto busy interstate 5. Three people were killed and dozens were hurt many of them seriously. You can hear the panic in angelas voice as she relays information to the operator. Is anybody in the can that youre in hurt . Yes, a lot. Reporter 911 was swamped with calls from motorists passing by the scene. The train is hanging off the overpass its landed on vehicles theres bodies laying everywhere. Reporter investigators say the train barreled into a curve at nearly 80 miles an hour in a 30mileanhour zone. The ntsb, or notice notice is looking at human error. The entire probe will take more than a year. One thing investigators in for sense, the technology that automatically slows a speeding train was not in use here. In new york, casey stegall, fox news. A bay area chef under fire tonight over a wave of Sexual Harassment allegations. Its frustrating to me that things like this that i enjoyed will be tainted by knowing that by supporting him im also supporting a culture that perpetuates the harassment and denigration of women. Tonight that chef says he will be stepping away from his three oakland restaurants in the wake of the claims. Good evening, im julie haener. Im frank somerville. The allegations against him were made by former employees. We have new details from cristina rendon. Cristina, he held a staff meeting today to apologize. Reporter he did. That meeting lasted only about halfhour. We spoke to a former employee off camera who calls Charlie Hallowells behavior unprofessional. She told him he could not talk to women that way and he responded with a derogatory comment. Tonight he is apologizing in light of the multiple accusations against him. Reporter Charlie Hallowell is apologizing for allowing, quote, an uncomfortable workplace for women. The apology comes after 17 former female employees came forward accusing him of Sexual Harassment as reported by the San Francisco chronicle. Hallowell is behind three popular restaurants, pizzaiolo, Boots Shoe Service and penrose, all based in oakland and support social causes. I think that especially hits home here, you know, living in this neighborhood and, like, feeling, like, oh, well these people are kind of like beyond reproach, like, they all feel the sames things i do like, you know, liberals, social ideals so its, like, really shocking to find out Something Like that. 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