Transcripts For KTVU KTVU Fox 2 News At 4pm 20170207

100 years to life. Were told the families of the victims were involved in the decision to make a deal in this case. The third defendant involved in those murders had made a deal with prosecutors earlier to testify against the other two. We have a crew now in marin talking to the District Attorney there right now. We will have much more on this case and the outcome throughout the evening. Now to our other breaking news and the new development in the legal fight over the ban on immigrants from seven muslim majority countries. Several groups lining up calling that ban b unconstitutional. The Trump Administration filed a new legal brief. Ktvu is following the latest on this for us. Reporter the government filed a 15page brief. This is it right here. The white house is calling the lower courts injunction vastly overbroad and is reasserting the president s authority to impose rules on immigration. California has joined 15 other states filing a friend of the court brief in this case arguing that the ban harms the states universities. Travelers who had been previously barred from entering the u. S. Are now making it past customs at u. S. Airports. Since the ruling on friday from a federal judge in Washington State halted the ban on immigrants from seven majority muslim countries. Travelers, such as this man who lived in the u. S. But went home to attend her fathers funeral in libya. She was initially prevented from returning home to the u. S. It was a tough experience. Im proud that i am libyan, but i consider this home. Since the rest of the family were there, i would do anything to be here gang. We are happy now, because my wife is in the United States now. Reporter other travelers are still in limbo, some even with valid visas as confusion remains overseas. The 9th crier kit court of appeals in San Francisco is expected to clear up that confusion. Panel of three judges. William canby junior, appointed by jimmy carter, judge Richard Cliff top, appoint by judge but and michelle friedland, appointed by barack obama. On sun date refused the white houses request to immediately restore the ban. The case before the 9th crier kit centers on a challenge to the Trump Administration from the states of washington and minnesota which argued the ban wons constitutional and would harm their economy. Others have since joined in to challenge the ban filing friend of the court briefs including a group of law procedures almost 100 Tech Companies who argued would it damage their ability to innovate. The aclu and a group of former National Security officials including Madelyn Albright and john kerry who said there was no National Security purpose for such a ban. In the brief filed late this afternoon the Justice Department says, the state asks the courts to take the extraordinary step of second guessing a formal National Security judgment made by the president himself. Oral arguments have been set for tomorrow at 3 00 p. M. Over the phone. Each side will have 30 minutes to argue their case. No matter the outcome the case is expected to make its way to the u. S. Supreme court which right now has just eight justices. In the case of a split decision, the Lower Court Ruling would stand, which is one of the reasons this decision at the 9th crier kit is viewed as so important. Certainly going to be closely watched. Monty thank you so much. Dozens of Silicon Valley Tech Companies are joining the fight against President Trumps travel ban. Almost 100 companies have filed a court brief against the policy at the 9th crier kit court of Appeals Circuit Court of appeals. The company argued the ruling could hurt economic growth. The companies that joined that brief include apple, google, facebook, twitter, sales force, and microsoft. Important to note here that amazon, hewlettpackard and oracle did not join the group. Lets start with the timing here. The 9th circuit will have this. The judges will hear oral arguments tomorrow at 3 00. How soon after that due expect a decision. Lets say by the end of the week. They obviously want to move quickly but they also are giving both parties as much time as can be done within the speed. They have asked for that additional briefing over the weekend. Now theyre asking for oral argument. That shows theyre take it very seriously. Theyre deciding whether or not this temporary restraining order stands or is reversed. The overall travel ban constitutionality is another argument. Right. Thats the secondary part. The whole fight now is all about whether the executive order can be implemented while the courts decide on the constitutionality. Take us through what will happen. Lets say the court of Appeals Panel says yes, were going uphold this restraining order. What happens next . Well, if they do that, then the government has one of two choices. They could just say, okay, go back to the District Court, and then theres a proceeding that the District Court would go to which would be the question of a preliminary injunction. That would be a fuller hearing. We probably would have live witnesses. And the judge would have the opportunity to write a much longer opinion than he had first time around. That then would be appealed. We would be back to the 9th circuit. The other choice is they could go right to the Supreme Court and make an effort to get a stay of the judges original stay, but that probably takes five votes at the scott, and that would really be extraordinary relief at this point. Extraordinary in that the Supreme Court typically would not get into that relief with so little merit going in, right . Well, with such little record. Not so much merit, but rather the quality of the record. This is rare. If they do that it would be like bush versus gore where they intervene quickly because they thought things were so chaotic in florida. That would be the only reason they would intervene. The normal course would be to allow the trial judge to go to that next step, have a fuller hearing on the record, more consideration of the argument, a fuller opinion, and then let the Appellate Courts do their work. All eyes on the bay area and the 9th circuit. David levine, thank you. Appreciate it. Thanks ted. Of course there has been a lot of concern and sharp criticism of the president s policies. Just today Alameda County and city leaders there are now taking steps to protect refugees. Joining us now to talk more is the vicemayor of al madeda. First of all, if kai get your reaction to what is happening there in San Francisco at the 9th Circuit Court of appeals. You know, i think that this is really fascinating right now seeing what our courts are doing and also reassuring the American Public really that the judiciary is there and their role, and theyre taking it seriously in interpreting the constitution. I think a lot of this will inform what will happen if anything comes down to challenge sanctuary cities. Tell me what is being proposed in the city of al madeda. In the city of alameda we actually became a sanctuary city in january. We first did a First Reading back on december 20th. Actually that was my First Council meeting. It was after my swearing in that we did the First Reading. That was really in anticipation of all of the Campaign Promises made by our president. And so in the in january actually three days before the inauguration, we voted as a council and passed the sanctuary city ordinance. And why do that . We really wanted to reassure our constituents and the community in general to let them know that we are going to be as vigilant as possible, and that we take seriously the oath that we took when we took office, which is to uphold both the federal and state constitutions. And to that end were not just going to be mindlessly asserting or enforcing anything that comes down. Federal government is not infoulable, and they are also held to the constitutional standards. Okay, so not only did you become a sanctuary city but you are also looking at doing more to help immigrants and refugees. Tell me about that, and that is going to be up for consideration tomorrow night. Correct. It is a referral that i have jointly put forward along with mayor spencer. We wanted to take this negative and turn it into a positive. To that end what we have seen really with the womens march, with folks coming out at sfo and at the civic center is an outpouring from the community of folks who want to do more and want to be allies and help people who are feeling disenfranchised and afraid. So we took what the seattle model, and were trying to implement it where we would actually facilitate bringing in legal experts and other folks to help with community training, know your rights work shop, and also provide some pro bo no legal assistance. This would be at no cost to the city, is that right . It will be of little cost. There will be some staff resources. I was just this weekend at clinics going on all over, in san jose, the Filipino Bar Association put one on that was quite successful. And i have all the confidence that were able to do in that alameda and really provide a positive proactive approach. Thats something that we will continue to follow tomorrow when it is up for consideration there at the alameda city council. Vice mayor, thank you so much. Thanks heather. Democrats plan to spend the next 24 hours speak on the senate floor in hopes of blocking the confirmation of betsy devos, President Trumps nomination for education secretary. The experts are predicting the vote will be very close. In fact, they believe it will end up in a tie. Two republican senators say that they will vote against devos after receiving calls from their home districts. If that happens Vice President mike pence will be called in to break that tie. Devos did not gain a lot of support during earlier hearings. She seemed unfamiliar with the individuals with disabilities education act and said guns may have to be in place in schools to protect students from grizzly bears. The confirmation vote is scheduled for noon tomorrow. Coming up, addressing rising tuition costs. Officials make city college of San Francisco free for city residents. We will look into this Free Tuition Program coming up. After a soggy day, more rain and wind on the way as storm number two begins to move into the bay area. What you can expect with this next system. The advisories in place and what you can expect for the rest of the week coming up. The Hydrogen Fueled mirai. Its only emission is water. Toyota. Lets go places. A mudslide has closed part of highway 152 in santa cruz county. It pay remain that way until friday. It happened over the weekend just over the county line. People are being asked to take alternative routes for the next few days to get around this mudslide. Rosemary, these folks had this issue a few days ago. The more rain, the more problems. Yes indeed. We are going to see the potential for flooding. Advisories already expected as we move into tuesday. Lets take a look at what is going on here. Its been a pretty soggy day, even with the light rain and a little bit of drizzle. We havent seen any sunshine. A lot of cloud cover and this moist flow is going to continue. You can see more widespread rain moving in just in time for the evening drive. Then by tonight, not only is the rain going to increase, the wind is going to pick up as well. Very widespread at this point over portions of the north bay, as we shift into the sierra, snow levels right about 6,000 feat right now but will be actually moving in the upper direction as we get into the next 24 hours. Theres a winter storm warning that goes until tomorrow night. So if you are going to be traveling up towards the sierra along 50 or 80, be prepared, it is going to be pretty messy. For us here at home we actually after Flash Flood Watch that starts 10 00 tonight, goes until tomorrow afternoon for the possibility of ponding on our roadways and the mudslides and the rapid rise in our creeks, our streams, our rivers. You can see it is fairly widespread. Over the north bay, the entire north bay, from the coast, hills, and in our valleys. And along the coastline from areas near pacifica, tall way down into santa cruz and monterey, and it includes our Santa Cruz Mountains. Thats where the Flash Flood Watch is for. Lets talk about the wind advisory. This includes pretty much the entire bay area. The wind advisory starts tonight. Winds sustained at 30, gusts to 40, even 50 for our hills. Damaging winds. These could take down power lines. These could take down trees. Notice the only area that is not included is over portions of the north bay right along the valley floor. But everybody else included in this starts tonight, goes until tomorrow morning. As far as rainfall amounts, a good amount coming. Anywhere from one to two to three inches expected for our urban areas. We are talking santa rosa, san jose. We will continue to track that. In our hills we could see two to four inches. This is what we are expecting by wednesday morning. We do get a break with another storm on the way for thursday. So when i come back i will have a look at your temperatures, what you can expect for tomorrow and we will take you out through the rest of the week and show where you the dry weather is coming back. Back to you. Tens of thousands of current and future college of San Francisco students got some good news today. Mayor ed lyanne nunsed the Community College will be tuition free for San Francisco residents. That would make city college the first free Community College in the country. Ktvus rob roth in San Francisco where he spoke with both the mayor and students. Rob. Reporter right, heather. The plan is for tuition free to take effect by this fall. We were at city college earlier when the news was trickling in but students say they couldnt be happier. Here at city college of San Francisco this student says the 3,500 a year annual tuition bill is difficult on her family these days. My dad,s paraplegic, so that has been kind of hard on my family. Reporter but today mayor ed lyanne announced that city college would be the first Community College in the country to be tuition free for San Francisco residents. We can say to california residents who are living in San Francisco, your Community College is now free and quality. Yes. Reporter the free tuition is expected to take hold this fall and will affect about 30,000 students. Lowincome fulltime students will also get a 500 grant towards books and expenses. Lowincome parttime students will get 200 grants. When we look at not just the people that are enrolled today, but the people that are enrolled tomorrow, this is probably one of the biggest factors that will determine not just the educational future of this city, but also the Economic Future of this city. Reporter the program will cost the city 5. 4 million a year for the next two years. Money from a recent voter approved property tax on multimilliondollar properties. Students say they couldnt be happier about the more than 3,000 a year savings. Free tuition is just like its really a blessing, like what our families, he is special mine, like times are hard right now. I think its really going to help students a lot. It might even bring more students over here. Reporter city colleges enrollment did drop off significantly while the schools accreditation is beg threatened. The hope is the plan will boost that population back up. Ted and heather. Well have to see what happens. Great program. Rob, thank you. Still ahead, an nfl Investigation Underway after tom brady asks friends to keep an eye out for a piece of memorabilia gone mission. Where did it go . After the break, were getting ready for Opening Statements in the case against a former Bay Area Police officer facing prostitution charges involving the woman at the center of that bay areawide police sex scandal. Well look into that case when we come back. Were southwest, and we have one word for you. Yes. Yes to flying further for less. And yes to new international nonstops. Thats just one more reason were the official airline of the yes coast. And yes you can now fly to more of your Favorite Places from right here. Thats transfarency. sfx clap, clap, ding well, this week the first of the Bay Area Police sex scandals gets underway in oakland. Dan black is a former livermore Police Officer accused of paying for sex by buying dinner for the 19yearold Jasmine Abuslin, also known as celeste guap. He is also charged with supplying alcohol to someone underage. Henry lee is here. First of all, the timeline what are you expecting in this trial in terms of when will it start . Today i guess it was just motions. They had some motions trying to get some evidence out by the defense. The jury will be selected tomorrow, then we could have opening estimates as early as tomorrow afternoon. The states star witness is someone who is the bay area is now familiar with, Jasmine Abuslin, the 19yearold. This is the first of several expected trials. All eyes are going to be on this oakland courthouse because it is expected that she will have to take the stand for the state to make its case. Her attorney told me she will take the stand. I think she had some immunity here so she can testify in this case freely against that former livermore officer, dan black. An Alameda County d. A. Says while he may not have paid her money for serks he paid her in the form of dinner and had sex with her in his rv. This is an interesting case. First of all you have a prostitution charge that this excop is facing. Never gave her money but supposedly bought her dinner, and the state will try to prove that that was implicit and indeed is prostitution. But you just alluded to the most interesting part of this case which some people might think is a stretch. They apparently had relations, if you will, in an rv, and the state is claiming that thats lewd and will you less conduct. The defense is saying this was an entirely enclosed rv. The winds and doors were locked. No one could possibly know what was going on. I will note in that contra costa the d. A. There declined to file charges against cops saying that, you know what, there had to be a member of the public who could have potentially seen this type of lewd conduct. That d. A. Also said a cop gave jasmine some cheetos, but that does not constitute payment. It will be very interesting to see how the Alameda County views it. A lot of people who are ensnared in this case are going to be watching to see how the black case goes, and we will see Jasmine Abuslin likely on the stand later this week. Henry lee, thank you. You bet. Still ahead, President Donald Trump still threatening possible action against the state of california as lawmakers are considering making it a sanctuary state. State senator scott wiener will join us to talk more about this issue. And the 49ers, they just made it official, folks, announcing that this man, Kyle Shanahan, the 49ers new head coach. Coming up after the break, the challenges that shanahan will face and the look at some of the criticism he is receiving from yesterdays play calls. Stay with us. Its okay to cry, right . No more we dont want anymore [crying] ahhhhhhhhhh everyday price and no extra monthly fees, unlike cable. Speeds up to 45 megs, for 30 a month. Breaking sports news to tell you about. The San Francisco 49ers making it official just a few minutes ago tweeting this, Kyle Shanahan is the new head coach of the 49ers. Joining us now to talk about the inherent challenges that mr. Shanahan will face and a little criticism from last nights game, because you were watching it, and as soon as you see atlanta in field goal range youre thinking game over, then the sack. It was not the outcome that people anticipated, especially when you consider the fact that it was a 283 ball game at one point. It took the greatest comeback in super bowl history to keep Kyle Shanahan from coming to San Francisco on a victory lap as opposed to coming with questions. The play came midway through the Third Quarter with the falcons leading 2812. Matt ryan is sacked by new england. A fumble, and the recovery. The patriots scored a touchdown, and the twopoint conversion just like that. Its a onepossession game. The patriots tied it up, but then in the Fourth Quarter the falcons had a chance to put it away. Julio jones made what would have been the catch of the game to the ball at the new england 27. A twopossession game. This catch would have gone down in super bowl lore, but two plays put the falcons out of field goal range. Clay flowers sacks ryan for a loss of 12. Then on 3rd and 23 from the 35, ryan will complete a short pass to muhammad seanu. The falcons called for holding. That takes the falcons out of field goal range and allowed the patriots to tie the game and send it into overtime. I dont secondguess our play calling or wanting to throw it. Honestly, weve got terrific guys, and we know how to match up. We know how to get open. That part of our game is so intact so the connection between matt and the guys, no, i dont. People are angry with Kyle Shanahan. Theyre angry with the Coaching Staff. I think they feel like that the Coaching Staff let them down. Nfl games always full of what ifs, and its obviously going to be that much more mag any feud in the super bowl, but as you said coming in, no big mystery that Kyle Shanahan was officially named the head coach but the difference is going to be the new mood in the press conference when you are either coming in here saying, yes, im the offensive coordinator of the super bowl champs, as opposed to were on the wrong end of the biggest come back in history. Hes had Great Success in atlanta. The problem of course, hes not going to have those players in San Francisco. But everybody thinks does he have that mind that can really make a difference. You hit it on the head there as well. We should say there is no official press Conference Date yet by the 49ers. They announced the hiring. But you make a good point. There are 16 unrestricted free agents on that roster. That is not a roster that is loaded with talented nfl players. But if you look at those 16 those are people that had significant playing time this year including the quarterback situation where kaepernick is iffy at best and the other two guys are both unrestricted free agents. So just that positional lone demonstrates how much work there is to be done for both the new general manager and the new head coach. It was fun watching the super bowl with some 49ers fans because they were totally rooting for the falcons because of that. This is going to be our new head coach so lets see them win. Big picture, probably not that big a deal but the mood in the press conference, some questions will be asked that would knost been asked otherwise. San francisco based airbnb aired a Super Bowl Ad that sent a powerful political message. The ad shows people of all ages, races, and religious background and includes the hashtag we accept. The ad never mentions President Trump or the executive order banning people from certain countries from entering the u. S. As a followup to the ad airbnb now says it will provide shortterm housing for 100,000 people in need during the next five years. The San Franciscobased company says it will start by helping refugees, disaster survivors and relief workers, but it wants to help many more types of displaced people over time but also says it will donate 4 million to the International Rescue committee over the next four years. There was another Super Bowl Ad that received so much attention in fact that actually crashed the companys website. This commercial from hardware chain lumber 84 featured a Spanish Speaking mother and daughter. The end of the ad was reportedly banned from airing on tv since mentioned President Trumps promise to build a border wall to. See the entire ad you had to go to lumber 84s website. In an interview President Trump said that he may take action against california because of lawmakers, the fact that lawmakers are considering legislation that would make california a sanctuary state. I dont want to defund the state or the city. I dont want to defund anybody. I want to give them the money they need to properly operate as a city or a state. If they are going to have sanctuary cities, we may have to do. That essential that would be a weapon. So joining me now to talk more about this is california state senator scott wiener. I was going to call you supervisor. Im not used to your new role. Once a sprrvetion always a supervisor. Nice to sigh. How real is this, declaring california a sanctuary state . Well, we had a bill thats moving through the state senate right now that will make clear that we in california are in sol dare tea with our i am grant communities and that local Law Enforcement in california is not an arm of federal immigration, and we want our immigrant neighbors to feel comfortable going to report crimes to the police and not fearing that they are going to be deported. So that bill is moving through the legislature right now. Do you think it will ultimately pass . Im optimistic that it will pass. Theres a lot of support for protecting immigrant communities in california, and we know that we have our work cut out fours. What do you make, though, of what President Trump said in his threat to take away some federal funding now from the entire state, not just sanctuary cities like San Francisco . Well, the president can say whatever he wants. It would be illegal and unconstitutional for him to try to effectively take over california and say that you have to do what we want or were going to almost talk you out of the union and not give you any federal money, but the president seems to be bound and determined to provoke a constitutional crisis. He is trying to illegally block immigration. Hes attacking the judiciary. He is in bed with vladimir putin, and now hes attacking california and saying he is going to illegally strip us of federal money for healthcare, for help for disabled people, and so forth. So the president should start governing and stop violating the constitution. But the president has argued, though, senator that the country needs to do more to try to crack down on people coming into the country illegally. Do you think that more should be done to stop illegal immigration . You know, what im focused on is are the residents, the 11 million residents of our country, immigrants, who came here to make lives for themselves and to raise their families, and theyre not criminals. And the whole notion perpetuated by the president that being an undocumented immigrant somehow makes you a criminal is false. We know that undocument immigrants have lower crime rates than the population at large. These are people who came here for opportunity. The same reason my grandparents and great grandparents came to the United States 100 years ago. So we need to stop attacking and demonizing immigrants. We need to support our immigrant communities. Thats what were doing here in california. Senator, you have heard im sure that the opposition and the point of at the present time and his supporters that while we have federal immigration laws in place for a reason, and obviously we want to welcome people who do it legally but those who come to the country illegally, something should be done because it increases the cost on cities and states and that sort of thing. But this whole idea of him pulling federal funding from the state, you dont think that that will stop efforts to make california a sanctuary state . No. California, were not going to back down to a bull lane. Were going to stand with our immigrant communities, and the president does not have the authority to strip us of money. Its really bluster on his part. But just to be clear in terms of what you just mentioned, President Trump has been very clear that he thinks that undocumented immigrants are committing crimes, and president s a Public Safety issue when we know that they are less likely to commit crimes than the population at large. Sos a stereotype. Its really slander this constant linking of immigrants with criminal activity. Any human being is capable of com mating crime. Beg an undocument immigrant does not make you in any sense more likely to commit a crime. These are people would came hear for opportunities. The federal government enforces federal law. We cant control would theyre going to do. What we can control is how the government and california interacts with its common neighbors. We need to run our own state, and that means including all of our communities. All right, state senator scott wiener, always appreciate the time. Thanks again. Congratulations on the senate victory. Thank you very much. I appreciate it. All right, still ahead from potholes to landslides to rainy winter has caused a lot of problems on bay area roads. Coming up after the break we will have a closer look at the issue that has even led to life threatening closures. Rain and wind on its way to the bay area. I will have a look at what we can expect with this next system and the advisories in place coming up. In marin county a two and a half mile stretch of highway 101 is still shut down because of a landslide. But luckily, as ken wayne reports, there may be a late at the end of the tunnel for people who live in the community of the beach. Reporter anyone who lives with an ocean view is blessed with stunning scenery and the risk of forced isolation. We are living on the edge but we all knew that when we moved out there. But, you know, we didnt want to be on this much of an edge. Reporter the 350 residents who live here on this beach in marin county arent completely trapped, but theyre definitely a bit more cut off. Their primary access is highway 1. But this is what the road looks like now, part of it torn away after a landslide from last months storms. Were all used to. That we knew that when we moved in. Reporter chris is the assistant fire chief for the department here. He says the closure of highway 1 is not only inconvenient, it also reduces Emergency Response time. His firefighters and a paramedics are the First Responders for muir woods. Its about 65, 70 of our responses is to muir woods. Reporter frustrated muir beach residents launched a Letter Writing Campaign after caltrans said it could be months before the problem could be fixed. Now it says the 5 million project should be finished by april 1st. So we know that. And thats why were going as fast as we can to make sure the repairs are completed. Reporter from Mendocino County to big corks sections of highway 1 seem to always suffer closures from stormy weather. Some closures last a few hours, others for months. Caltrans says its in a constant battle with Mother Nature to keep the highway open. Highway 1 is a coastal highway. Its very, very vital. And thats one of the challenges we face. Its a very necessary and vital road, but it also is very subject to storm damage. Reporter ken wayne, ktvu fox 2 news. Outside our doors it is a soggy one, and the next system pulling in going to bring more rain, going to bring the wind as well. We have advisories that will move into place a little later tonight. Theres a look across the east bay where we are again just with a lot of overcast sky. We had the radar going all day long. Even below the radar drizzle falling in most spots. Just a very moist air in place. An inch and a half reported by ben lohman. A half inch in pleasanton,. 3 over livermore. Most of our urban areas pick up anywhere from a quarter to a half inch. Our hills picked up quite a bit in the last 24 hours. As we go forward we again are looking at rain increasing. This is a threehour time lapse. You can see over the last hour or sought has really become widespread. So a light rain falling over the entire bay area just in time for the evening drive. If we put the radar in motion you can see all of us pretty much getting wet. Heavier rain over the peninsula and over the hills and areas near los altos. Even if were not seeing it on radar chances are weve got drizzle out there. Heres a look at futurecast. Here we are into the evening hours. This is when the heaviest rain is expected to arrive. This is when the wind is also expected to arrive. I will show you the advisory in a moment. But take a look at the morning drive. Its really expected to be coming down. We are look at popping on the roadways, the risk of a little bit of flooding out there. So again you are going to want to take it easy tomorrow morning. Here we are into tuesday afternoon. It is still coming down. But the next 24 hours is going to be wet. We have another system that is on its heels. Not likely to see much of a break until friday. Anywhere from one to two inches expect eessmentsd three inches for some of our wetter spots. This is the next day or so. We again are looking at snow for the sierra. The Flash Flood Watch is for the north bay, the coast and the Santa Cruz Mountains. It goes from tonight into tomorrow afternoon. Just be really careful out there. It is going to be very hazardous. The wind advisory starts tonight, goes until tomorrow morning with winds expected to 30 miles per hour, gusting to 50, and that includes everybody except for our north bay valley location. Temperatures outside right now upper 50s, low sick. We have been pretty much here for the entire day. Tomorrow morning we will start out in the low to mid50s. So temperatures are relatively mild and these storms relatively mild. Low sick in the forecast for your afternoon tomorrow with a lot of gray sky, rain and the wind going to be with us. After this system passes we get just a bit of a break on wednesday. Wont really clear out very much because again the next storm coming in on thursday. We begin to seat taper off on friday morning, and then we will dry out in time for the weekend, in time for the Chinese New Year parade. Boy are we going to need to be drying out by then. Well slog through the week. Cheer up, ted. Thanks rosemary. Frank joins us now with a look at some of the stories were work on for 5 00 including that breaking news out of marin county. Three drifters accused of two murders in two bay area counties. Coming up tonight their guilty pleas and how long they will spend behind bars for their crimes. And the 49ers making it official. One day up to the super bowl the 49ers have a new head coach. Former Atlanta Falcons offensive coordinator Kyle Shanahan. Well get perspective from our sports anchor joe phon zip. He has been covering the San Francisco 49ers for years. I tweeted it out and a lot of people seem to be pretty happy. Frank, thanks so much. I was in my room and i heard some gunshots. One person is dead after a Police Shooting in fremont yesterday. We will hear more from the woman who witnessed the incident and the latest on the investigation as the four on 2 continues. Two men from vallejo are behind bars in connection with a Fatal Shooting yesterday. Sean brown was arrested on suspicion of murder, and Reginald Mckinney was arrested on suspicion of accessory to murder. Police found the victim outside in the 100 block of hillborn street after receiving reports of gunfire around 12 40 p. M. The victims name has not been released pending notification of his next of skin. Police say the investigation is ongoing but at this point they are not looking for any other suspects. The suspect involved in an altercation with police died after an officer involved shooting infremont yesterday. Ktvus Christien Kafton updates us on the investigation. Reporter a witness tells us that this whole incident unfolded very quickly with the officer and the suspect talking and that talk quickly turned into a physical confrontation. At some point the witness tells us the officer opened the back door to his cruiser and that the canine got out. Shortly thereafter the witness tells us thats when the shooting began. Free month officers were here on the scene last night, closing down mowery avenue for hours. Investigators say it all started with a report of a battery about a half mile away at 4 15 sunday afternoon. An officer responding to that call quickly reportedly tracked down the involved parties here near the intersection of mowery and sutter dry. Investigators say that the responding officer and the suspect got into that physical altercation which escalated to the point where the officer drew his weapon and fired. A neighbor tells us what happened next. I was in my room and i heard some gunshots, and thats what made me get up, and of course our dog is barking. So thats what made me get up and come outside and look. Thats when i seen the canine dog and the officer over the gentleman that was on the ground. Reporter police tell us their officers responded almost immediately and tried to save the man but he was declared dead here at the scene. The officer who fired his weapon was taken to the hospital for what investigators are saying are non life threatening injuries. At this point the whole incident is under investigation. Were hearing the Alameda County District Attorneys office has launched a parallel investigation. Last night police did tweet out that they did not believe that there was anyone else involved, and there was no threat to the community. In fremont, christian calf top, ktvu, fox 2 news. Police are investigating a potentially troubling discovery on a hillside in danville. On saturday neighbors found what may likely be a swastika on Fountain Springs circle. The symbol is backwards which represents hinduism and but dism, but buddhism. Neighbors say this is not the first time the symbol has been seen in the area. Still ahead on the four on two, tensions with russia on the rise following President Trumps recent interview with bill oreilly. Stay with us. Tensions with russia are further heightened, the kremlin now demanding an apology after a Weekend Television interview with President Trump. Russia disagreeing with President Trumps assessment on iran. Reporter officials from russia, iran, and turkey meeting today to discuss the ceasefire in syria without the u. S. Tensions with moscow have been on the rise despite President Trumps pledge to strengthen ties. And they were further heightened over the weekend after an interview with fox news channels bill oreilly. Putins a killer. Theres a lot of killers. Weve got a lot of killers. You think our cub is coin no sent . The kremlin demanding an apology while also pushing back on the president s tough talk on iran saying russia plans to deepen its relationship with the country. Iran through the armed groups it keeps in syria is making its contribution to the fight against isis. Reporter but the Trump Administration isnt likely to back down anytime soon having put iran, quote, on notice for a recent missile test, which tehran defended claiming it was not directed at the u. S. Saying the missile test that took place is a sign to the new American Administration sin correct. Reporter meanwhile the eu is meeting to discuss the violence blaming the russians for the renewed clashes and promising a swift response. There is no case for relaxation of the sanctions. Every case of keeping up the pressure on russia. Reporter the russian forren ministry also issuing another warning on monday telling President Trump not to renegotiate the nuclear deal with iran. In london, benjamin hall, fox news. Heavy rain is back in the forecast. Roads are already closed in some locations following the severe weather. Tonight there are new threats of mudslides, road washouts and even flooding. Good evening. Im julie haener. Im frank somerville. We begin with more wet weather hitting the bay area with a series of storms. The rain has been coming down steadily all day long. All that rain is already causing problems he is special in the Santa Cruz Mountains. Mudslides have closed part of two mountain highways. Highway 9 and highway 152. We have live tammy coverage tonight. Ann rubin was up in the Santa Cruz Mountains today. We begin with chief meteorologist bill martin. Here we are in february and the ground is saturated. We have had over 170 of rainfall average. Today we got another inch to two inches in some of the heavier locations creating the potential for more mudslides, more small stream and creek flooding as we head into the overnight hours. Why . Because in the overnight hours it is going to start raining really hard especially after midnight. These are some of the rainfall 24hour totals from today. It is not amazing but it keeps adding up. A little bit here, a half inch there. So it keeps adding up. Thats where we are. Thou weve got a Flash Flood Watch in effect through tomorrow afternoon. The heaviest rain is going to be overnight into early tomorrow morning. Flash flood watch basically kind of an urban and small stream flood advisory thing. That will have an impact on the morning commute. A wind advisory will go into effect at the same time, 9 00. Wind gusts could go up to 30 to 40 to 50 miles per hour. This is overnight. But by the