The attorney representing the family of oscar grant was back in court this morning. What he wants from a federal judge is one of the top stories. Good afternoon. Im tori campbell. Nearly four years after his death, the case of oscar grant was back in court this morning. Ktvus brian flores joins us live from outside of the courthouse in San Francisco to explain what was at stake. Good afternoon, brian. Reporter hey, good afternoon, tori. Well, what was at stake today was a civil case. But there was no decision made today here inside San Francisco federal court. On the case of Johannes Mehserle and other officers involved in the shooting of oscar grant during a new years party a few years ago. Now, attorneys for anthony p. Eroni and Johannes Mehserle argued they should be offered immunity because they argued the shooting was an accident. They also say it was tragic but there was reasonable actions by the officers to act the way they did. Meanwhile, the attorneys for the victims and four others claim it was not an accident, that they were defenseless and should not be granted qualified immunity of the law. Heres what both sides had to say. What it means is the simple fact that our rights have been violated. Those young men are tie to us as a family are tied to us as a family. This an opportunity for the world to see that we do have legal civil rights in this so call ursociety of ours and should be recognized that way. Reporter attorneys for both sides say they are confident the judge will rule in their favor. But it could take a while before a decision is made. Attorneys say it could be two to six months before a trial could actually happen. Well have more on this on the ktvu news at 5 00. For now, brian flores, live in San Francisco, ktvu channel 2 news. Thank you. People on woke sides of proposition 8 both sides of proposition 8 will have to until at least the end of the week. The Supreme Court took no action today on whether to review a challenge to an Appeals Court decision son prop 8 is if now expected to 8. It is now expected to take a bit. Were seeing partly cloudy skies right now. As you can see in this live camera, a few stratus clouds up there. More rain storms are coming. Rosemary will join us to tell us when the storm will arrive and how strong it will be. Thank you, tori. Giving you a look and some of the totals, three juicy storms and several days of rain added up to this were talking 13 inches of cazadero, metropolitan diablo, 7 10ths. The mountains picked up the most. But santa rosa7. 85 inches. San jose, almost 2. 50 inches. Up and down in the bay area, we received pretty impressive numbers. Kentfield, almost 9 poi 50. On 9. 50. La handa, 8. 76. The areas near blossom hill 5. 75. Oakland almost hit 4 inches. Quite a bit of rain over the last few days. Were looking at improving weather for today outside our doors, just the high clouds, dry conditions. Fairly mild out there, we do have changes coming. Wet weather is coming back to the bay area as early as tuesday. Its not going to be as wet. Its not going to be as windy but, yes, were going to get once again. I will show you the time line coming up. Thank you. Santa cruz county Officials Say a portion of vine hill road could be closed after half the road washed away over the weekend. This is the giant sinkhole it created, there at mile marker 2, near camino vista. The county has put up barricades to close the road. Frills say the Officials Say the cause was simple. There was too there was too much simple. What crews are doing today and how long it will take to fix the problem mup. A local school is closed today coming up. A local school is close today. White Hall Middle School experienced flooding in some of their classrooms. Allie rasmus is live with more. Reporter well, School Administrators at the School District made the call this morning to cancel class for all 600 students at White Hill Middle School in fairfax. The reason, yesterdays storm brought a lot of rain water and maude and mud and that mud got in some of the building. When we arrived at the the school, there was restoration at the school, there was a restoration crew cleaning u administrators are trying to come up with a plan to clean up and whether they will be open to open the school tomorrow. A tributary of Fairfax Creek runs across from the school. And it looks like a lot of tree branches had to be cleared out after the rain. Theres also construction going on at the site. The school is adding two more buildings to the site. Its not clear if a ulof that construction contributed to the problem. 6th through 8th grade classes were canceled at while hall. We dont know if the school will reopen tomorrow. Thats something they are trying to figure out right now. And well have more on this story coming up on the news at 5 00. Allie rasmus, ktvu channel 2 news. Thank you, allie. The search continues for several people wanted in connection with a deadly Home Invasion last week. A sketch has been released of one of the suspects. Janine de la vega joins us live to let us know that the police are working extremely hard on this case. Reporter good afternoon. Police are inside their Operation Center in the process of assembling a task force dedicated to this case. Police say theyve been going on little sleep because theyve been working around the clock. Flowers were left in front of this sprawling mansion, the home of the 66yearold man, known as robbie to his family and friends. Its unknown why his house was the target of a homeinvasion robbery early friday morning. I dont have any reason to believe it was something just driving down the street, a random attack. That said, were trying to figure out why they would be targeted. Reporter police are looking for this man described as white or latino, 23 to 24 years old, 6 feet tall with a skinny build and dark hair and dark eyes. Investigators say he and several others broke into the house, killed him and beat his exwife during a robbery. Police say they are in the process of tracking down leads. One of the challenges, the crime scene was located on a 7,000foot estate. So there was a lot to cover. Its been our number one priority. Investigators have been working on very little sleep around the clock and going home and coming back. Reporter the man and his wife were dis were divorced but they were reconciling, friends say. His family released a statement which says reporter it goes on to his wife has been through severe trauma. At this point were all concerned with nursing her back to health and normalcy. Investigators say theyve been reaching out to family, friends, Business Associates to see if the man was the target. They are also trying to find out who is responsible. Back to you. Thank you, janine. B. A. R. T. Police are investigating this morning an attack on a golden gate transit bus driver. It happened around 7 30 this morning at the del norte bus station in el cerrito. The driver of the 40 or 42 golden gate transit bus was involved in a fare dispute with a customer. The bus driver was hit on the head and taken to the hospital with minor injuries. There could be a change in the plans for part of San Franciscos central subway project and it should please some north bay residents and merchants. Muni is considering bobbing its plan to dig up a section of columbus avenue to remove drilling machines when the project is done. Some neighbors were against the idea and filed the lawsuit. Muni says they may extend the subway to columbus and powell and remove the machines near the abandoned pagota theater. They are also considering basing fares on income and not stage. Supporters of the plan say its not fair those struggling to pay their bills have to pay 4 for a monthly pay 64 for a monthly pass while seniors are only paying 22. The plan was sparked over the debate to provide muni free muni passes to lowincome commuters. Repair work is just Getting Started today on this sinkhole. Well tell you how long it might take to rebuild this road. Rosemary is back in the pacific. Shes watching the latest storm in the pacific. Well have more on when this may arrive in your neighborhood. And how news leaked out when someone went to the house about the royal family. Lots of prepaid cards come prefilled with problems. Enough is enough. Introducing the chase liquid reloadable card. With chase liquid, theres no waiting and no fee to activate you can load cash and checks at any chase depositfriendly atm and there are no withdrawal fees at over 17,500 chase atms all for one flat fee of 4. 95 per month. Get rid of prepaid problems. Get chase liquid. A man is in jail after leading police on a highspeed chase from san jose to oakland. The chp says the driver got on interstate 880 heading toward oakland after failing to stop for a traffic violation. The chase lased for several miles before the driver got off the freeway and was finally stopped by some spike strips on morago avenue near Mountain View cemetery in piedmont. Also, two chp officers are recovering after their cruiser flipped during a highspeed pursuit at the altamont pass. It happened just after 3 00 this morning eastbound near flynn road. A highspeed chase ended in the back of a home in campbell. Police say it started when they tried to stop a car that was speeding in san jose. Turns out the suspect, 27year old rohila pena of san jose, was driving a stolen car. After pena crashed, he ran off on foot and was later caught and arrested. A big street repair job is underway in Contra Costa County right now. Crews are fixing a massive sinkhole that hope opened up in la fayette. Alex savidge has more. Reporter workers fired up the heavy equipment this morning to clear out tree limbs, trash and large pieces of pavement from this giant sinkhole on Mountain View drive in la fayette. The La Fayette Creek that runs under the road flooded during yesterdays storm because of all of this debris, thats what caused the collapse. Water, sewer and gas lines were ruptured. First concern is to stabilize utility, then put in a temporary come bert come culvert. Reporter fox says hes challenged city engineers to build a better pipe for the roadway. The city had this in place but the amount that came flowing down was too much. If you look at the amount of the debris thats on the west side of the creek, i think you can only conclude this was unavoidable. Reporter Kirk Patterson lives a couple of doors away from the sinkhole and says this creek has overflowed many times before. Weve had floods before and its gone over the road like yesterday. Its just a matter of time. Reporter Running Water is back on in this neighborhood for all but a handful of houses. But the city manager says this road will likely be shut down for months as crews install a storm drain that can handle the intense rainfall we saw yesterday. Alex savidge, ktvu channel 2 news. The United States is warning syria it will cross a line if it uses chemical weapons against rebels in that country. This is video of troops who battled insurgents in aleppo. Intelligence agencies from the u. S. And other countries say theyve seen evidence in recent days that syria is moving chemical weapon components into combat areas. Secretary of state Hillary Clinton has warned syria that using chemical weapons would bring action from the u. S. The coast guards small boat was rammed into another boat and one of the members died. His crew mate was treated for minor injuries. Another coast guard stopped the other boat that was a smuggler boat and twos are detained. Prince william and his wife are expecting their first child, it was confirmed. Tara moriarty has more on the future heir to the throne. The words are true. Kate middleton is pregnant. The palace didnt what to release the good news this early but because the duchess was hospitalized with severe morning sickness, they decide to announcement. Now, royals say kate was admitted to the hospital because of a severe case of morning sickness. Kate will be hospital identificationed for several days and will require a period of rest theirafter. The palace didnt say how long she is but noted she was in the very early stages of the pregnancy. Kate and william were married back in april 2011 and this is their first child together. If the child is born while Queen Elizabeth is still alive, he or she instantly jumps prince harry and becomes the third in line for the throne. Now, whether boy or girl, the child stands a good chance of becoming monarch and now the big topic of discussion will be baby names. Those include everything from edmond and george and even diana, a nod to the princess of wales. Life from the newsroom, tara moriarty, ktvu channel 2 news. Thank you, tara. The city of san jose reportedly has a shortage of people to work at its Water Treatment plant. The Water Pollution plant provides wasteWater Treatment for more than a million residents in san jose, and other cities. According to a report released today, onequarter of the plants positions are available. The report says theres fierce competition statewide for technic nickly trained workers. The mars rover, its reported said theres compounds but its too early to know if its evidence from life. We just simply dont know if they are indigenous to mars or not. It will take us some time to work through that. I know theres a lot of interest in that and but the point is, is that curiositys middle name is patience. We all have to have a healthy dose of that. There had been rumors in the past few weeks that nasa was going to take an historic announcement about what curiosity found on cars. Nasa scientists now say that was a misunderstanding. Good afternoon to you. We have a dry fairly nice day underway for your monday. The winds are right at are light at this hour. A temporary ridge of High Pressure in place. Giving you a live look at San Francisco and the bay bridge, weve got, again, blue skies out there, high clouds passing overhead. Those clouds will begin to increase a little bit later today, ahead of, yes, the next system. Right now winds are light, calm in livermore and san jose and the breeze in fairfield, 8 miles per hour. Temperatures are a little cooler than 24 hours ago. It was a chilly start but were making up the difference in the afternoon. Temperatures just below the season al average but not too bad with the sunshine in many cases. Heres the stormtracker showing you high clouds moving overheard. This is about all well see overhead. This is about all well see today. But we have another system that will begin to move in and bring us some rain as early as tuesday. So farred to, were so far today, were dry, the winds will remain light. Rain returns on tuesday and it looks like it will ging us a decent amount. But compared to what weve seen in recent days, this will be easy to take. Giving you a look at the high clouds today and then the rain arriving tomorrow and then lasing through wednesday. Tuesday morning, we have have a few scattered showers over the north bay. The north bay will be the better place to get to through some of this rain. But scattered showers could sink south of the golden gate. Wednesday morning here comes the front, this will be the steady rain. The morning commute could be a bit slick and slow. By wednesday afternoon, the afternoon into evening dry. It actually looks dry. Maybe a few lingering showers. How much rain are we expecting to this system, anywhere from. 25 to. 75. The hills, 1 to 2. Central bay, south bay anywhere from. 25 to didnt 50. Were dry today. Low 60s in the forecast for berkeley, oakland, hayward. 60 degrees for San Francisco. Into the south bay, 64 for san jose, 64 for gilroy. Extended forecast here shows you a nice day underway here. By tuesday things start to change. The rain comes back, not as soaking wet, not as windy. It passes through and as we get into the weekend, well be cooler. A cooler pattern settling in for the weekend. We look dry and clear. All right. Thank you, rosemary. Were getting word that brett Hart Middle School in oakland thats on coolidge avenue is now on lockdown. All we know, theres Police Activity nearby in that area. If we learn more, well pass it onto you in this newscast and on our websites and the later newscasts again, Bret Harte School on coolidge avenue is on lockdown. A new development in the fiscal cliff talks in washington. Also, a new supermarket in a San Francisco neighborhood that really needs one. [ male announcer ] introducing a brand new Medicare Prescription Drug plan. Its called the aarp medicarerx saver plus plan from unitedhealthcare. And its for people who want the lowest part d premium in the United States. Only 15 a month. And copays could be as low as a dollar. So call unitedhealthcare now to enroll or learn more. With this plan, you can save 40 or more on your copays by using a preferred network pharmacy, like walgreens. For example, a network copay of 4 becomes a preferred network copay of 1 when you fill your prescription at any of the 8,000 convenient walgreens locations. So call and enroll today. Remember, the premium is just 15 a month. Dont wait. Open enrollment ends december 7th. Aarp medicarerx saver plus. Call now or visit your local walgreens for more information. Stocks fading on wall street. Todays reading on manufacturing showed some contraction. The dow is currently down 49. Nasdaq down, 7. S p down 6. There has been a new development in noontime in the fiscal cliff negotiations. The gop is proposing to increase the eligibility age for medicare and to lower the cost of living hikes in Social Security benefits. This is in response to president obamas suggestion. John boehner says this is a cellible one and hopes the administration will respond in a timely way. A new trader joes Grocery Store is located on california and its now open. Trader joes now has five stores in San Francisco. Thank you for trusting ktvu channel 2 news. Well see you the next time news breaks. Be sure to join us at 5 00 with more on the storm cleanup