oldest was 72. parishioners of first baptist church are still in disbelief after devin kelley opened fire in the middle of sunday services. the sheriff tells me he still trying to figure out what drove kelly to do it. no one appeared to be targeted. the gunman was firing randomly. >> he just went in there shooting on the way in and on the way out.>> kelley was confronted on his way out and was found dead of a self- inflicted gunshot wound to the dead. the sheriff believes that kelley's in-laws went to the church . >> there was a domestic situation within this family. the suspects mother in law attended this church.>> reporter: he received a bad conduct discharge after assaulting his wife and child and had been refused a gun permit in texas. president trump says kelley was the range and no gun laws could've prevented this >> this is not a gun situation. >> reporter: there were three jet guns found. one of the church in two in the vehicle. he did purchase all three of those guns according to federal officials. economy sports and outdoors said he bought two of those guns from two of their stores. he passed a background check. that is the big question at this hour. with this assault conviction, why was he able to legally purchase guns? back to that developing news from a minute ago. the search is on for two inmates after being brought to a palo alto courthouse. here is more on the story. >> reporter: there is a huge police presence out here with multiple agencies trying to track down where the suspects went. they are asking the public to keep in outlook for -- keep a lookout for them. both of them are from east palo alto. they escape from the palo alto courthouse where they were said to appear for a prehearing. they ran out the door in their orange and tan jail uniforms and into awaiting toyota corolla. that car was ditched a few blocks away. from there they jumped into some sort of printed u-haul truck. authorities do not know who their getaway driver was, but all indications were that this escape was plan. they are both facing charges related to the armed robbery of a verizon store in sunnyvale in february. authorities say that anyone who happens to see them sick call 911 immediately. authorities continue to search for guns, ammunition and other law enforcement equipment stolen from a deputy's car in san francisco last friday. eric savages live in the tenderloin with more on this investigation. >> reporter: good afternoon. this has become a common occurrence in the bay area. this county sheriff sergeant parked his unmarked car here along jones street near golden gate in the san francisco tenderloin district on friday night. when he returned, the window was smashed and someone had stolen two guns, ammunition and an fbi jacket. the reason the deputy had the jacket is because he works for the fbi joint terrorism task force. >> reporter: this break and was reported to san francisco police at 10:00 on friday night . the san mateo sheriff sergeant call police to tell them his car had been broken into along the stretch of jones street. a 12gauge shotgun and rifle were stolen along with a lot of ammunition.>> a 12gauge shotgun, a brown stock. the second firearm is a cold ar for, black in color. 40 mags containing 20 round each of 2 to 3 that were stolen.>> reporter: also taken from the deputies car were a bulletproof vest and fbi jacket. the sergeant is a member of the fbi's joint terrorism task force and he was reportedly in san francisco on friday for a meeting with the fbi. a spokesman for the san mateo sheriff's office says he will not speak with us on camera about this case, but did say he is concerned about the stolen weapons and equipment. >> reporter: state law requires law enforcement officers to secure any unintended weapons inside a lock box in their car if they leave it for any length of time. san francisco police have not said if that was done in this particular case. along with the theft investigation being done by the san francisco police to try to figure out who stole these weapons and equipment and track those weapons down, the fbi is conducting its own internal investigation trying to figure out exactly what happened here. >> all right, alex, thank you. the defense in the kate stein the case is expected to present its case to the jury. on thursday prosecutors rested their case. the prosecution contends that suspect intentionally pulled the trigger of the gun that killed her on. 14 in july 2015. the defense says the gun went off accidentally after he found it on the peer and unwrapped it. the issue of giving tasers is being taken the city voters. the police commission narrowly approved after a seven hour meeting. the plan calls for giving officers tasers by december 2018. the police officers association commends the commission for taking action, but he wants to speed up the process including putting the proposal on the june 2018 ballot in san francisco. >> our polling numbers indicate that over 78% of residents of san francisco want sfp the officers to be equipped with state-of-the-art equipment which is tasers, tasers will reduce injuries to the public, to the police officers, and it will save lives. >> activist and police critics have pushed back against tasers raising concerns about potential abuses and medical impacts. tasers have been long debated in the city making san francisco one of the last major police departments without them. a teacher has been accused of inappropriate relationships with the minor. >> reporter: a science teacher at walnut creek intermediate school has been requested and removed from the classroom. police in martinez arrested michael barthel alleging he had inappropriate contact with a minor. >> it's very sad. my daughter had him. she's confused about why he's not here and it's disappointing. >> reporter: parents learned after they were emailed this weekend. parents had to have frank conversations with their children >> we did say, did you ever feel uncomfortable or anything inappropriate. she said no. she said she felt like it was fine. maybe not her favorite teacher, but she never felt uncomfortable>> reporter: a statement reading in part michael barthel a teacher at walnut creek intermediate school has been placed on them in illustrative leave effective monday, november 6 following his arrest by police for alleged minor -- inappropriate contact with a minor. no students at walnut creek intermediate school have been involved in or identified in connection with the case. the allegations report a minor from martinez where he previously worked as a substitute teacher. walnut creek school district says they performed a thorough background check including criminal background history checks and fingerprinting. walnut creek, ktvu fox2 news. uber has announced a $5 million plus a fight sexual assault. the money will pay for sexual assault prevention groups and training for uber employees. they have dealt with the number of reports of drivers assaulting writers. the groups will help uber train 150 customer service agents to deal with sexual assault reports. they will be taught how to interview victims and to send them to police in a crisis hotline. a mobile heart -- a mobile home park destroyed by fire. taking a look outside, it's mild out there right now, but we are in for some changes. our meteorologist will have your bay area forecast. we will have more on the texas shooting where a man killed by the two dozen people inside a church. you a mobile home park red tagged by high levels of's best those. they are closing public assets -- access. residents of the mobile home park, access is suspended. if the tests come back positive for asbestos, it will require an extensive cleanup. if it comes back negative, there will be a local ice cleanup and they can reopen. a new program to help while fire victims. they can sign up for the program between now and november 13. the county will help remove hazardous waste from some properties destroyed or damaged by fire. learn more during a meeting that begins at 6:00 tonight at the santa rosa veterans memorial building on maple avenue. the program is underway and sonoma county in the county assessor's office is sending teams to inspect homes damaged by wildfires. the work bailey to adjusted property tax bills for homers -- homeowners across sonoma county. homeowners are thinking first responders. music and the message.>> [music] >> the hot show usually comes at the start of the weekend and not the in. inside the lincoln theater a nearly packed house heard music with a message.>> we are fortunate to be here today because of the first responders >> nearly 1200 attendees came out to listen, clap, and honor all first responders at elected officials for their efforts during the county fires. the sheriff: >> i'm a little embarrassed quite honestly. i've been doing this job for 37 years and it's not a job you do for acknowledgment like that.>> reporter: on october 8, flames escorts tens of thousands of acres killing 43 people and destroying thousands of northbay homes. >> it was horrible and i feel bad for anyone who lost anything or anyone. >> reporter: the devastation could've been worse if not for the first responders on the air and in the air.>> thank you so much.>> reporter: weeks later this man had the idea of a heartfelt thank you that everyone could appreciate. >> concerts and music bring people to celebrate joy and happiness.>> reporter: three area bands were in the show with regular pauses to applaud for those. >> following the 90 minute concert inside the lincoln theater, outside a picnic with special wine and food and a chance for neighbors and friends to reconnect. it's also an opportunity to give. the concert was free but donations were encouraged to one of three charities. >> they are all very respected organizations that have an infrastructure to disperse money in cases of disaster. >> reporter: millions have been ray so far but for this day, it is the music that's making the biggest statement. ktvu fox2 news . congress is still working on the republican tax plan. the build goes before the house ways and means committee. they're committed to getting a bill passed by the end of the year. democrats and republicans say they're not happy with the elimination of popular deductions. paul ryan defense those changes as the goal is for americans to keep more of their money. democrats are criticizing the fiscal impact of the plan on the deficit. >> we are basically saying instead of using a tax deduction to lower your tax liability, we will make it easier to not play -- pay taxes and the first place. >> they are taking us deeper into debt and it's hard to come back from that. the next 10 years, we have to account for 20 years and then the next 10 years is a hemorrhaging of the national debt.>> republicans say they plan to pass the bill and send it to the senate by thanksgiving today the u.s. supreme court let stand an earlier ruling that samsung illegally copied high-tech features of apple's popular iphone. autocorrect, and a slide that unlocks the device. the supreme court ruled in favor of samsung and another legal fight over similar appearances of the two company smart phones squaw valley got about 12 inches of fresh snow this weekend. the resort will open on november 17. mount rose ski resort is all ready open. kevin has been looking at the history books and ahead to this year's season.>> 1959 was a 560 inch year which was normal and then we had 189 inches. i'm feeling confident for a normal winter. i'm not sure if we will get 758. 550 is fine with me. >> he's hoping for another snowy winter after a long ski season that lasted well into the summer. let's check in with our meteorologist. >> we're going to get a little bit more, not as much of a producer is what we saw recently. high res or -- high elevation snow will be coming. we are in the partly cloudy skies with temperatures warmer than where we were yesterday at this hour. that will be what we see over the next couple of days. the next system will come in on wednesday. 60, oakland. 59, san francisco. 62, livermore. south bay, 64, san jose. here's a look at our 24 hour temperature change. we are up over parts of the bay area. we remain on the cool side. the sun will be setting just after 5:00 these days. we will cool down quickly. here some of the cloud cover that has bubbled up over our higher elevations. it will provide us with any rain . in the overnight hours we did have a few sprinkles. tomorrow will be another chilly one. patchy frost in our sheltered valley locations. we will remain on the cool side. today and tomorrow will be better but by wednesday, the next opportunity will move into the bay area and snow for the sierra. here's a look at your future cast model. this afternoon, partly cloudy. tomorrow, mostly clear. wednesday morning we start out dry and scattered showers will develop by the afternoon and this line of rain will move into the bay area. it looks like after sunset and into the evening hours it will sweep through. we will be tracking it for you between now and then. afternoon highs today under blue skies and 65 for novato. afternoon highs, low 60s. mid-60s, antioch. temperatures will range from 64 in san jose to 65 in gilroy. low 60s are expected for san francisco. here is a look at your extended forecast. by wednesday, the warmest day before that rain arrives. we have scattered showers a possibility on thursday and we begin to dry out on friday. right now, saturday looks dry and sunday looks mainly dry. we may see another storm move in on the back of that. we could get up to two inches. i will have a better look at that coming up. why this is truly a worldwide event. a big annual dreamforce convention conference is going on in san francisco. over 270,000 people. 10 million people are expected to watch online. everyone who attends is invited to build hurricane relief packages. apple's new iphone x sold out in 20 major cities across the country. the new phone went on sale on friday. people camped out to make sure they receive that phone. by yesterday the phone sold out in new york, boston, los angeles, and san francisco. if you're worried about getting that extra special checked off your list, this marks the third year in a row toys "r" us will open on thanksgiving night and stay open for 30 straight hours. stores will open at 5:00 in the afternoon. target stores are going to be open thanksgiving night, but they won't stay open throughout the night. target will open thanksgiving evening and close at midnight. stores will reopen at 6 am on friday. target -- more on the mass shooting at a church in texas. what we have learned about the gunman just within the past hour. the master tenant of the ghost ship warehouse talks with ktvu about the tragedy in the case against him. will -- new information coming out about the gunman who create -- who committed a mass shooting at a church in texas. >> reporter: 26 people were killed in the shooting. investigators say the youngest victim was a 17-month-old child the oldest victim was 77 years old. they are concerned the number of desk could rise because 10 people remain in critical condition at the hospital. >> reporter: several victims were children including the 14- year-old daughter of the pastor. >> one thing that gives me a sliver of encouragement is the fact that she was surrounded by her church family that she loved. >> reporter: investigators are learning more about the man who committed the worst mass shooting in texas history. devin patrick kelley was angry at his mother-in-law and sent her threatening text. she was a member of the first baptist church but was not attending services that day. the gunman is a veteran of the air force who had been court-martialed in 2012. he was sentenced to 12 months confinement for that and received a bad conduct discharge in 2014. because of his wrecker, he should not have been able to buy firearms. >> in general, if an individual has a dishonorable discharge from the military, they would be prohibited from possessing or purchasing firearms. we are early in the investigation and do not have all the documentation yet.>> reporter: two good samaritans are being lauded for their efforts. he confronted and shouted the gunman who dropped his rifle. when the gunman took off, the good samaritan flagged down another man and they jumped in the pickup and chase the gunman on the highway. >> he just heard so many people in affected so many people's lives. why wouldn't you wanted taken down?>> during the pursuit the suspect use his cell phone to notify his father that he had been shot and didn't think he was going to make it.>> reporter: the vehicle veered off the road and into a ditch. he was dead from a self- inflicted gunshot wound. >> reporter: investigators say they are still going to the church and the scene and they have not released the names of all the victims because are in the process of notifying family members. president trump is in asia where he reacted to news of the shooting by offering his deepest condolences. >> this act of evil occurred as the victims and their families were in their place of sacred worship. we cannot put into words the pain and grief we all feel. we cannot begin to imagine the suffering of those who lost the ones they so dearly loved.>> the president said the gunman was the range and this was a mental health problem and not a gun situation.>> president obama called for change. we grieve with all of the families in sutherland springs and we will stand with the survivors as they recover. may god grant all of us the wisdom to ask what concrete steps we can take to reduce the violence and weaponry in our midst. >> some democrats are calling for gun legislation control. as we mourn the lives that were cruelly cut short, we must respond not only with prayer and unwavering love, but with action. she goes on to say much more needs to be done in congress to ensure that no other family is forced to endure such an imaginable tragedy.>> eric small well responded saying a madman sprayed bullets into their sanctuary. president trump is wrapping up his visit to japan. he's in meeting with the prime minister. the president has focus on working with the plan to confront north korea's nuclear threat. last night the president talked about the close relationship between the u.s. and japan. >> our two great countries will have incredible friendship and incredible success. for many centuries to come, not years or decades, but for many centuries to come. >> president trump and the first lady met with the japanese emperor and empress at the imperial palace. the president is said to visit south korea, china, vietnam and the philippines. he is expected to cross paths with vladimir putin for the end of's asia tour. they could meet during a nation economic summit in vietnam to talk about north korea, syria, and nuclear weapons. the fbi continues investigating russian interference back in the 2016 presidential election. rand paul is recovering from broken ribs after being assaulted. people close to the senator say he had trouble breathing because of the injury and is in severe pain. the man who tackled him is a 59- year-old man has been arrested and charged with misdemeanor assault. investigators are trying to make sure a man charged was off being alone. is being described as a lone wolf. and immigrant plotted people on a manhattan bike path. investigators say he was likely inspired by isis propaganda videos. an exclusive on oakland deadly ghost ship warehouse fire. for the first time since his arrest, the man who has been behind bars for that deadly fire is talking about the tragedy in the case against him. derick ion almena sat down to talk about the case, the fire, and he is charged with 36 counts of manslaughter. he is one of two men being charge. he says he should not bear the full responsibility. >> i thought that if you're going to rent a building to a group of artists, as the owner of the building, you have to tell the city that i'm going to be collecting money every month and humans will be coming in and out of this building. what do i have to do to make sure i can legally house this cooperative? that had never been inspected. right? and all the newspapers it still says derick ion almena rented it as a dry goods warehouse and change it on his own. lucky snuck in there. he rented it as a storage warehouse. that's the story. i rented it as a and art. i've never done that. i've never moved into a place and had to tell the city what i wanted to do, i told the landlord. the landlord has to go to the city and say, and then there's the question. what do i think of the landlords? deceitful. greedy. >> do you think they rented you an unsafe building?>> definitely. they rented me something they knew was unsafe. definitely. >> lawyers for the owner of the where for -- warehouse haven't made a response. tonight on the 10:00 news we will broadcasts an extended report on this exclusive. we will have more on what he said about the cities role plus whether he thinks he bears any responsibility for this tragedy. that is tonight on the 10:00 news. the raiders have a shot at the playoffs. we will learn about another rough sunday for the 49ers and what they have to say about their disappointing season. a nice day outside, but we could be getting some precipitation later. rosemary will be back with another look and what's coming our way. the raiders beat the dolphins, 27-24. they are back on the hunt for a playoff spot. it was the marshawn lynch. it was the best game of his career as a rater. he had his second 100 yard game. they improved, 4-5. >> another game in the same story for the 49ers. they lost again and suffered more injuries. joe fonzie brings us more on the game.>> it's a scenario the 49ers have seen all year long. when your chances for a win a slim and you can't make mistakes that make it easy for your opponent. when you get your opportunity, you have to execute it. draft passes -- dropped passes have been a problem all year long >> we've got to do a better job of being complete the whole game. >> you can critique the individual units. early in the game, three straight three and outs. on successive possessions, the quarterback was sacked and they could produce no points. everybody knows the bottom line.>> this is my job. i'm not going to feel sorry for myself. i hope no one in the locker room feel sorry for themselves. we can blame anybody but ourselves. if we want to win a game, we've got to do a good job. sea if i let this team go down, we've still got well and we've still got fight. don't count us out. it is 0-9, but not for long>> to make a below is in the middle of a cram course on the 49er offense. >> i'm trying to run it through my head as much as i can. some of the calls i know and some of them i don't. i'm trying to get them in as fast as i can. i'm working every day to get better. >> the football world did not have high expectations for the 49ers. a few people expected them to start out 0-9. next sunday when the giants come to town fresh off of the game when they allowed 51 points. in santa clara, ktvu fox2 news . thousands of people took part in the new york city marathon. and 50,000 runners ran the 26.2 miles. history was made when shalane flanagan pulled away and became the first american to win the women's new york city marathon since 1977. >> if you double that, you can make it in time to tahoe for the snow up there. we have dry weather for a couple of days and then get back into web weather. let's take a look outside our doors. we started out early this morning with a few sprinkles reported herein there. temperatures were very chilly out there with 30s reported in some of our valley locations. patchy frost to go with it. right now, partly cloudy skies. in the higher elevations, residual moisture. that will be about it. temperatures are warmer there where we were 24 hours ago. for monday and tuesday a minor warm up coming our way. wednesday looks like it could be the warmest day. we will see how that pans out. we start out with wednesday morning partly to mostly cloudy. by the afternoon, showers will develop with the main band of rain moving through into the evening hours. if we sped up we would have it on the evening drive. wednesday looks to be the day that we will have wet weather back into the bay area. as far as rainfall amounts, anywhere from 0.5 inches to two inches for some of our hills. were not expected to get that much in the south bay but anywhere from one quarter inch to one inch for the central bay and into the south bay. so for your monday, we will call for a minor warm up with partly cloudy skies, light winds and low to mid-60s around the bay area. low 60s at half moon bay, 60s, oakland. we are all right about in the same spot. 65, san rafael. as we head to the east bay, 62, alameda. south bay, 64. along the peninsula, 60s. 64, san bruno. san francisco, 61. there is a look at your extended forecast. a subtle bump in the numbers as we get into the bay area tuesday. the clouds will move in and the rain will move in as well. we can be left with scattered showers for thursday, maybe friday, and we begin to dry out. right now, it looks like another storm to follow on the sunday monday timeframe. >> all that moisture and rain might not be the best thing for all of those fire victims.>> it feels good when you know another ones on the way. new concern about environmental pollution from 30 air to contaminated water along the california mexico border. the tijuana river is causing border patrol agents to actually get sick. >> reporter: there were two problems. the polluted tijuana river and mexico pumps waste into the ocean. that is carried into california. by law, mexico is supposed to treat both. officials say they are not. >> you've got a plume of brown sewage, a blob moving up the beach and filling your nostrils with the stench of raw sewage. >> our guys understand the risks of law enforcement. we want except anymore in working in a sewage or waste dump >> the border patrol, surfers, anyone using the speech is exposed to mexican sewage. >> this year 83 of 300 agents reported being affected. swimmers immersed in e. coli get physically sick. >> it is usually frothy and brown and it stinks. >> reporter: in february, 250 million gallons of raw sewage and industrial waste came into the u.s.. 200 days a year officials close imperial beach >> unfortunately -- >> local cities are suing the u.s. and mexico. >> literally they don't give a crap. where is the governor of california? what about this environment? >> next to no it's not poor. oil, tourism, and trade. they are choosing not to spend money on clean water. fox news. a lot of people are eagerly awaiting the start of legal recreational sales in california on january 1. be prepared for sticker shock. new taxes and fees will be attached to sales that will drive up prices. some fear bargain-hunting consumers will turn to the black-market. and uber driver in portland giving more than just a ride. he's turned his car into a stage on wheels. a warning for anyone looking to get a deal on a and iphone x. there was a truck highs last week. we spoke with investigators who warned that the funds could be sold on the black market. it is the buyer who could pay the price. >> reporter: it is a largest heist yet of iphones in san francisco. what and three the -- $300,000 worth of iphone tents were stolen wednesday morning while the ups driver was delivering them to the apple store. >> there is probably going to be a lot of different websites being sold. a lot of them do trickle down to the street.>> reporter: this is the teams first officials case and they hope to find the iphones before they hit ebay or local flea markets. >> when they do hit the consumers and they think they've got a great deal, it is not. they might not be able to use them and when we find them, we will recover those as evidence.>> reporter: every iphone has a serial number. if your stone is found you will be able to use it. that serial number will be broadcast to apple and it's only a matter of time before authorities can track you down. >> be very careful if you see and iphone x. right now, no one is selling them for low prices.>> reporter: my guess is these guys are pretty sophisticated. they probably knew what they were doing. they probably have a fear -- a plan to fence these overseas where they can get around the kill switch. >> reporter: police are looking at whether the heist was an inside job. suspects are described as husky and driving a white dodge fan. in san francisco, ktvu fox2 news. you will find this carryover singer at a bar, he's driving and uber. >> if you're going to be stuck in traffic, it's this car with the inviting decals, laser lit ceiling and gold microphone. meet this uber driver who moved here from iraq four years ago not knowing english. >> my dream when i came to america was to drive a taxi. that is my dream. when i drive for uber, i see all kinds of different peoples with different accents. >> reporter: he has more than 12,000 rights under his boat and a nearly perfect rating. >> 4.95 42 years. -- for two years. >> taking a ride is luck of the draw. when you step inside his live streaming karaoke -- karaoke tab -- karaoke, expect a solo or two. while sean atkinson was in ready to dive into friday night just yet, i was. >> [music] >> so are these riders. >> i love people. very nice people. >> reporter: his goal is to now become a united states citizen. the san francisco police union is considering taking the issue of tasers to police officers the city voters. we will sit down and talk about that decision plus what having tasers would mean for officers and the city. that is today on the the 4 on 2 . were taking a look at the market. the dow jones is up 18 points. the nasdaq is up 25 points. s&p 500 is up four points. amazon is dropping some prices ahead of the holiday season. is lowering prices on those sold by independent business owners by 9%. they are insuring more competitive prices. amazon only control prices on the items that sold directly. air b&b is offering a dream come true for legal lovers. the house is made up of 25 million lego bricks. the free night will go to the person who was judged to have the best answer to this question. if you had an infinite supply of lego bricks, what would you build? >> the winner will get a night in the house, a true legoland experience. i think we all ready have helped the world supply of lego's.>> and more coming. >> thank you for watching. have a great rest of your afternoon. our next forecast, the 4 on 2 . this is the new comfort food. grown right here in california, with absolutely no antibiotics ever. a better way to grow, a better way to eat. and it starts with foster farms simply raised chicken. california grown with no antibiotics ever. dr. oz: every monday, our alzheimer's action plan to today on "therain dr. oz show." nd surprising alzheimer's triggers that make invade your rain, your job, your mate and the grades you got in school, take your quiz and fight back. melissa rivers after joan. do you ever feel like your mom is around you? coming up next. are you ready to save some lives today? >> yes! >> i love you dr. oz! [cheers and applause] dr. oz: it's

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