On the lawn in holly park with her baby and her dog. That worker is preparing for his first court appearance. Reporter the District Attorney is charging him with felony, hit and run and vehicular manslaughter. Over at holiday park, regular parkgoers are relieved a charging decision was made. More than six weeks after christy sandmyer was killed, and charges on the rec park employee that ran her over. The d. A. Filed felony hit and run, and felony vehicular charges, against the longtime park worker, out on bail, turned himself in. The incident is a tragedy on every level. The guy really missed up. The poor little baby doesnt have a mom. A husband doesnt have a wife. It a forever crime. But its a mistake. Reporter park rules say workers must have a spotter if drying on park lawn. He did not have a spotter when he turned off a path and drove across the lawn. He is scheduled to be in court tomorrow. His bail, tonight, is 350,000. New tonight at 11 00, a week after the second deadly accident at levy stadium, they are looking back into the first worker incident. It originally ruled there was no violation. Last monday, a driver died while dropping off rebar at the stadium in santa clara. A bundle fell off his truck and landed on top of him. Now, to continuing coverage to the deadly b. A. R. T. Crash. What went wrong moments before the train hit and killed into b. A. R. T. Workers on saturday. Tomorrow, the ntsb will shut down the section of track where the men died. From noon to 3 30 p. M. , there will be no train service. Theres going to be a bus bridge between here and lafayette, up to walnut creek and laufayette. And theyre finding answers that lead to more questions. While its clear what happened, its anything but clear how it could have happened. A b. A. R. T. Train ran over two employees. The two radioed the the dispatchers to say they were on the tracks. One worker was to inspect the tracks for damage. The other was to act as a lookout. The lockout must be positioned outside of the train envelope. To view any oncoming train from either direction on any track. That means he should not have been where a train passing by could have hit him. And there was some warning. There was a horn sounding. There was no radio warning from the train dispatcher. Its not fired. Tests on the lights and brakes are operational. Though, the brakes show flat spots. Theres cameras on the train but none point forward down the tracks. Typically, what the ntsb will do is do the reenactment and Sight Distance testing at the same time the accident occurred. Reporter the results of this investigation are going back to washington, d. C. Ntsb investigators will go over them. And what recommendations could lead to changes in the way that b. A. R. T. Conducts business. Now, as for tomorrow mornings commute, it should be smooth going, which will come as a relief to riders, who had some trouble this morning. The train started running on a limited basis some two hours later than they promised. B. A. R. T. Officials say it did take them longer to get the Union Workers back on the job. Full service was up and running for the afternoon commute. An Alameda County superior court will decide whether another strike will be put on told. Enough with the transit strikes already. Todays several bay area mayors joined City Council Members in support of a campaign to ban transit strikes in california. They say thousands of riders and commuters are in support of his campaign. It took a huge toll on commuters and the bay area economy. Five times the bay area has experienced this type of problem. At some point you have to say, this is not the way its supposed to be. Public transit system, we need to have a longterm solution. Thats why were proposing a transit strike. Other cities prohibits transit strikes, including2kyk burglary in the neighborhood. You think you can come in anytime you want as you have, youre going so have a rude awakening. San jose police want you to call them if you recognize either one of these men. New details, involving San Francisco general hospital, where a missing patient was found dead in a stairwell. According to a report in the San Francisco examiner, five months before the body of Lynn Spaulding was recovered, another woman got stuck in the stairwell. The woman says the door locked behind it behind her and shut. When she finally opened a door leading out of the hospital, an alarm sounded. But no security personnel ever came to find her. Since the discovery of spauldings body, the hospital has made it its policy to search stairwells daily. An investigation is under way after a deadly officerinvolved shooting in san bruno. Police say they noticed the officer behind the wheel of a stolen vehicle. They drove that vehicle to a deadend vehicle. Thats when the driver made a uturn and drove towards the officer. There was a passenger in the car who was arrested. Were waiting to learn the name of a wanted parolee shot and kille by an officer last night. They found the suspect armed with a pipe. He threatened them with that pipe. And thats why they opened fire. The suspect died at the hospital. The officer is on administrative leave. Cyber attacks hitting home in the bay area. Also ahead, lighter and faster. Apple unveils some new toys. Well have a look at the ipad upgrade. And the fda taking action after hundreds of mysterious pet deaths. The warning for owners. When being nice pays off. The twist of fight that helped a local woman strike it rich. Turn around every now and then i get a little bit hungry and theres nothing good for me around turn around every now and then i get a little bit tired of craving something that i cant have turn around, barbara forever ive been praying for a snack in my life and now i have a brownie ending all of my strife i finally found the right snack new tonight at 11 00, cyber crooks want to rip you off. One way theyre doing it, is with phony websites. It happens here in the south bay more than any other part of the country. Reporter in a nutshell, someone is using your credit card or bank account to buy things on ecommerce sites. Tonight, we talked to a Cyber Security company thats trying to put a stop to this. What youre seeing is realtime Cyber Attacks going on in the world. An illegitimate Bank Transaction here. Nair using compromised computers. People in santa clara. Using compromise computers as a gateway for fraud. They protect the largest ecommerce sites, banks and communities from attacks. If they can get access to your online bank account, by infecting your grandmothers computer while doing an online transaction, that results in money. San jose, santa clara and fremont are highrisk city wheres the attacks are coming from. This is a welloff population. Were all in tech jobs. We have two things that crimi l criminals care about. One, we have access to parent intellectual property. We have the Largest Technology companies in the globe in our backyard. We have something they want. Reporter the cyber criminals try to make transactions using your identity. Basically, hiding their digital footprint. People with a lot of capital. Crooks want to go after them because theyre easy targets. Reporter you may be interested to know why chesterfield, missouri, is number three on the list. The st. Louis suburb is a hub in the country. So, the crooks are using the area to sell its goods. Apple has released its new ipad. Theres the ipad mini, which will be upgraded with apples retina screen. The new pro laptops come with retina careens, too. Tim cook is excited. He says about the future of ipad. We want to help our customers create even more Amazing Stories because we know that this is just the beginning for ipad. So far, over 170 million ipads have been sold since they were first introduced in 2010. The highestearning ceo in north america lives right here in the bay area. You guessed it, mark zuckerbesz. Almost 2. 8 million. Zuckerberg made more than the rest of the ten ceos campaigned. Next on the list, richard kinder. Third is serious boss, mel karmazin. Gregory maffei. And then, tim cook. The government shut judown over. But you can feel the effects next year. The irs said the shutdown is delaying when it will start processing returns. Remember, lawmakers warn the government could shut down again in january, causing an even longer delay. You still have to file your returns by april 15th. The blue angels will be back in the bay area skies next year. They will be back completely. They had to cancel all of their shows. But the military found other areas to cut to bring the blue angels back for 65 shows next year. Including the weekend in San Francisco. By letting another person go first, a retired couple from fremont, won 750,000. Bob joanne were in line. The johnsons ended up with the next ticket in the bunch. And one of a top prize of 750,000. The couple says they plan on investing the money after buying a new truck and some stuff for their garden. We have been rich in sunshine in the afternoon. Will there be a repeat tomorrow . Lets check in with jeff. I like that. Rich in sunshine. A milliondollar forecast to come in. The words we cant hear. On the marine layer, were looking at widespread fog, continuing from the northern coastline to southern california. And not only coastal fog, very close to us. But were finding ground fog thats beginning to form. Some of the worst of that is expected tomorrow morning. Thats where dense fogs advisories are in effect p visibility at a quarter mile and or less. Lets look at where it is the worst, up in santa rosa. Likely tomorrow morning, in the north bay, we could see some areas going down to a new hundred feet. And seeing it reduce in oakland, San Francisco and in gilroy at five miles or less. The fog will be back with us here, as we head throughout our wednesday forecast. Lets get a first look. Clouds at the coastline and the north bay, but in the interior sections of the east bay and the south bay. Temperatures, around 50 degrees. By the noon hour, thats where it diverges. If you headed to the east bay, plenty of nine in sunshine. And a few locations will have 80s in the forecast. Lets show you the highdefinition sky network. Were fogged in at this point. So, expect some delays at sfo tomorrow morning. And in san jose, expect the patchy, low clouds to roll in as we head to 4 00 and 9 00. All counties will be impacted by the low cloud cover. Heres the best part. By 1 00 p. M. , were expecting it to clear out. Well see morning temperatures starting off in the mid40s. 45 in napa. 50 in livermore. Also 50 in san jose. You want to get to the good part. You want to get to the sunshine, lets look at the numbers for wednesday. Not going to disappoint in the south bay. 76 in san jose. 74 in palo alto. And 79 in morgan hill. In the east bay, well get in on that heat. You go from alameda to walnut creek. About a 20degree jump there. 83 pleasanton. Also, 84 livermore. Very cool and cold to the coast. 57 in beaudodega boy. We want to get to this by this weekend. But all indications show this storm system should head off to the south at this point. For us, going to keep the fog at the coastline and a few areas of drizzle. At this time, no rainfall on that weekend forecast. Temperatures all the way through friday inland. One more thing we want to mention tomorrow. Well have the sunshine in the afternoon. Thanks, jeff. Coming up, an added benefit from the flu shot. How it might protektd your heart. [ male announcer ] it is more than just a new car. More than a new interior lighting system. It is more than a hot stone massage. And more than your favorite scent infused into the cabin. It is a completely new era of innovation. And the highest expression of mercedesbenz. Introducing the 2014 sclass. The best or nothing. Introducing the 2014 sclass. [s[man] no one told her,right . A. [son]hi [mom screams] the fda is reaching out to figure out why hundreds of pets have died and thousands more made sick, after eating jersey treats made in china. Since 2007, the fda has received 3,700 reports of pets becoming ill. The fda issued an open letter to veterinarians, asking them to track and send information about any animal sickened by jersey treats. Theyre asking the vets for Lab Test Results and urine examples. In august of 2012, our unit was the first to report on neckcy. Pet owners have been calling for a recall. But so far, the fda says theres not enough evidence to issue one. In health matters, benefits of the yearly flu shot. People who do not get a flu vaccine are almost twice as likely to suffer a major cardiac event. And parents with a history of heart disease, benefit even more. The flu shots lower the risk of another cardiac attack by 13 . Experts arent sure why. The giants resign a fan favorite. Dave feldman joins us up next. So does jay. Fun show tonight. The lovely and talented Kristin Chenoweth on the program. Music from joan jett and the blackhearts. Dave feldman joins us from the newsroom. And timmy coming back . He is. That is good news. The world series hasnt even begun yet. And the giants are pulling out their checkbooks. First, it was hunter pence. And now, twoyear cy young award winner. The deal is worth 35 million over two years with a full notrade clause, pending a physical. But thats supposed to be just a formality. Its the 29yearolds secondstraight twoyear deal after he rejected a fiveyear deal in 2012. He made it clear up front this was going to be a priority at the conclusion of signing hunter pence. I give timmy credit. He has the option of going into a free agent market, that isnt rich with free agent pitching options. And he could have demanded quite a bit. You never know where that will take you. The fact he was able to do a deal now, a benefit to both of us. Its a shortterm deal, which works for both sides. Appears that way. The 49ers are across the pond. They are getting ready to take on the Jacksonville Jaguars in london. It should be a heck of a game, even though the niners are a road team. Mindi bach right now with more from great britain. Reporter this trip to london is a 49ers fourth visit to this city. They played their first game at Wembley Stadium and picked up a home win against the denver broncos. They are keeping their regular schedule. And tuesday is an off day and time for sightseeing. After their day of rest, the 49ers will go back to practice on wednesday, just as they would back in santa clara. But the team is not staying in london. Its at a resort about 40 minutes out of town. Thats where theres fields there for the teams, to do their practices and walkthroughs. The team will move into the sunday on friday afternoon before their sunday game. But well be at wednesday, thursday and friday practices and bring you the latest. Jacksonville is winless. Theyll be looking for their first win of the season. Hopefully, the 49ers wont get it. And the game is not until sunday. I made a petition that jessica, janelle and myself get to fly over for the game on sunday. Maybe fly over friday, have some tea. Watch the game on saturday. We have to meet with the queen, you know . Maybe check out for instance george. The baby. Janelle, you have to set that up. I dont know the queen. Ill work my connections. She has the mojo. Well be right back. Check it out. We are getting a look at the 15 carat Engagement Ring kanye west gave to kim kardashian. Theyre so happy. Its huge. Last night, kanye west rented at t park and proposed to the hollywood star. Access hollywood thinks the singer spent 250,000 to rent out the stadium, hire an ark stra. That does not include the price tag of a ring. 3 million. Thats why he has to do so many concerts. Thats going to do it for us. Jay leno is next. Joan jett is on. Very excited. Announcer its the tonight show with jay leno, featuring rickey minor and the tonight show band. Tonight, jay welcomes Kristin Chenoweth, from hello, ross, ross mathews, the music of joan jett and the blackhearts. And jaylking. And now, jay leno [ cheers and applause ] [ cheers and applause ] jay hi, everybody thank you. Welcome. Welcome to the tonight show. Boy, i here is a very disturbing story. You may have heard about this