Leads for their investigation. Reporter the new system uses realtime recording which could allow muni or Law Enforcement to listen live. It also allows recordings to be wired live to police who dont need a warrant because its considered public. We dont have the infrastructure to watch real time whats going on in our entire system. This is only for investigative purposes. We are able to pull the video and hand it to authorities. Reporter still, the system raises concerns for a law professor. Even if only the authorities that are looking at it, theres a possibility that hackers can get into this kind of technology and communication and catch something that may be important and private and something nothing to do with threats to the government or crime and use it against somebody. Reporter people are getting more and more used to technology, they dont necessarily get on to a bus or train and think about their conversations being recorded. It is big brother. Theres no way around it. Its just what it is. Reporter muni contends their responsibility is to notify the passengers they are being recorded which they say they do with details on signs on every vehicle. And the sticker says . This is being recorded and something to that effect that you are being recorded. Reporter does it bother you. Not at all. Im not doing anything wrong so it doesnt bother me. Im very surprised. To hear it, so any conversation ive had on muni for the last eight years that ive been here was no longer private. Reporter the equipment will be installed starting in august and then by 2014 all muni trains and buses will be updated. Live in San Francisco, kimberly tere. The last homicide of 2012 was deadly fallout after Beleaguered Police department. Police have been tightlipped about the specifics of the case. Today sources tell nbc bay area Staffing Levels may have played a role in the suspect taking the law no his own hands. David trujillo joins us live at police headquarters. Damian . Reporter some will cause this a case of vigilanteism. Its a case of a frustrated community who felt police were not helping out so they confronted a suspected burglar and the suspected burglar ended up dead. It happened on new years eve at the Summer Breeze apartments. This is where sources tell me a serial burglar was terrorizing the complex. This man says hes lived here for five years and theres always car burglaries. This tenant says his apartment has been burglarized three times. Sources tell me they called Police Numerous times and offered Surveillance Video but because of low Staffing Levels, burglaries are considered low priority for police. The sources tell me on new years eve, some victims and the Maintenance Worker confronted the suspected burglar with the intent to scare him or make a citizens arrest but a scuffle broke out and the suspected burglar ended up dead. Some of the rank and file tell me this is unfortunately a case of vigilanteism and point the finger directly at the Staffing Levels within the ranks. And weve been waiting here all afternoon. The San Jose Police were supposed to come out and make a brief statement about the case. Sources tell me the suspect in the case is now facing seconddegree murder charges. Live at police headquarters, im damian trujillo. Also in san jose, more information tonight about a naked man who used an Assault Rifle and Samurai Sword to keep San Jose Police officers at bay for hours. 29 ye 29yearold bennett will undergo a mental evaluation after that standoff yesterday morning. When Police Responded to a call and tracked bennett down, he stripped naked, pulled out the sword and shouted, quote, youll have to kill me. The San Jose Police department called in its crisis intervention team. Three hours later they were finally able to safely take him into custody. San Francisco Police identified the driver accused of killing two people and damaging a liquor store while racing from offers. They say David Morales is a suspected gang member. He will be charged with two counts of murder, three counts of attempted murder, along with several lesser charges. Investigators say morales fired a gun at three pedestrians before crashing his car into another car on south venice avenue. That car hit a pedestrian before careening into a liquor store. A woman inside the car was killed. She has still not been identified. The other fatality, 26yearold fran sits c Francisco Gutierrez who was walk ing into the store. The city of oakland expects to issue 6,000 of its new city i. D. Cards beginning this year including cards for undocumented immigrants. The card program will roll out february 1. Several cities have similar cards but oakland will be the first to tie it into banking. So no matter their immigration status, card hold eers can use e i. D. As a debit card that will reduce the amount of cash, undocumented immigrants will need to carry and their dependence on check kak services. The cards will cost 15 for adults, minors and seniors will pay less. The card also does not identify card holders by gender, something that was requested by the transgender community. A subject of a warning out of marin county of a death of a richmond man. Fire Officials Say 59yearold Charles Quade was swept out to sea by an unusually large wave yesterd yesterday. He and his wife were walking their their dog when a large wave knocked them to the sand. The chronicle reports he went into the surf to rescue his dog but never made it back. Paramedics treated the wife and the dog managed to make it back to the beach. After searching for several hours they found his body. Leaders are declaring a local emergency to get access to state funds. Heavy rains just a few weeks ago sent water over the banks and undermined the levees along the creek. Close to 3 billion of potential damage and we are concerned for the remaining rainy season. Theres no immediate danger right now but we know that we have two or three months left of potential storms. The rains over the holidays took a toll causing serious damage to the creek banks, the levees and the bridge across university avenue. The city has already spent almost 3 million in emergency protective measures. The City Council Must aproven the emergency declaration. Theyll take up that issue at a special meeting tomorrow night. Freezing cold temperatures made for some extra challenges for people who work outside. It was 30 degrees as the sun was coming up. They scrambled to get the frost off the cars, warm them all up. Folks who delivered food overnight say the goods were actually frozen because it was so cold. My boots are insulated. My socks are insulated. A hooded sweatshirt. A beanie on my head and then i have two long sleeved sweatshirts. He was cold. Even people walking their pets have been bundled up with sweaters and coats and a little hat, as you can see. Get ready because another frosty morning is on tap for tomorrow, too. Weather may have been partially to blame for a water main break in hayward. The broken pipe flooded portions of west jackson and santa clara street just before 3 00 a. M. It took crews hours to repair the 12 inch line slowing the commute around eastbound 92. Tonight the water is back on and the road is wide open. Meanwhile, east bay mud says a rash of other water main breaks today do not appear to be weather related. The biggest one was in berkeley. You see the map here of the location. Repairs were finished late today. It will be cold tomorrow morning but there will be another cold blast coming. Temperatures dropping into the 40s here across parts of the north and also are for the east bay. Lets get a look now. 49 in santa rosa and 46 in livermore over to pleasanton. Details on how cold it will get and another system offshore and what it will mean for our forecast tomorrow in just a few minutes. Also, asleep at the wheel. A complaint from cab riders. A look at the top passenger gripes just ahead. Im scott budman from your company to your wallet, the new government teal is changing a whole lot of our bottom lines. Well show you how coming up. Reporter and im chris san chedz where one of three men accused of killing millionaire kumra was in court. The felony complaint against says. Closer to keeping it together. What the accused killers of a millionaire allegedly made off with after killing him, beating his ex and ransacking their home. We also know that investigators suspect the four people in custody may not be the only ones involved. Kris sanchez joins us live from san jose. One of the suspects in court today. Reporter yes, jessica. Many of the details connecting that suspect plus two others with a woman police say is a prostitu prostitute. We were able to get the felony complaint against the three suspected killers and that is filling in some of the details. Investigators arent saying anything about the colorful details emerging about the life r robby kumra led before he was murdered in his mansion. I worked for him doing some accounting and bookkeeping, so i dot reporter this bartender did some bookkeeping and said it was no secret kumra liked his drink and liked his women. As people talk about his paths, one of the suspected killers, javier garcia, made his first appearance before Santa Clara County judge today. According to the felony complaint we obtained the charges include murder, robbery, assault with a deadly weapon, criminal threat and false imprisonment. It also reveals that kumra, the murdered mans exwife was beaten with a metal objects and the thieves made off with property, cash, collectible coins and jewelry. Garcia is charged along with two other suspects, 21 yeyearold sacramento and 26yearold lucas anderson, a transient from san jose. All three have prior felony convictions for residential burglary, though the District Attorneys Office wont say if theft was the motive. I cant reveal the information contained therein. Reporter i was told little more except there are likely other suspects. One might be the man described as a thin, hispanic white man between 23 and 26 years old with plaque hair. The das office wont say how they are connected to raven dixon of alameda. She is a prostitute who is charged as an accessory to murder with a gang enhancement. I talked with the Santa Clara County medical Examiners Office and they say even now, a month after robby kumra was killed, theres still no clear cause of death. They are awaiting the results of several tests. All three suspected killers are due pack in court later this week. One will be in court tomorrow, the other two will appear before a judge on friday. Reporting live in san jose, kris sanchez, nbc bay area news. Now to a followup story. New video of a robbery suspect that resulted in the death of a dog. Here is that Surveillance Video that shows the suspect just briefly there. Last friday he approached a woman who was pulled over in the tenderloin district. The suspect demanded money, which the woman handed over. But she only had 5 with her. Frustrated, he then grabbed her small dog named roxie out of the car and threw it into on coming traffic. He then took off on foot. Roxie was hit by a car and had to be put down. A missing 82yearold man was found safe this morning. Apparently he left his home monday before he was driving to his sons house. He was reported missing tuesday. That Silver Alert Program just took effect in the new year and the program the california Highway Patrol asked for help in locating elderly people who may be at risk. Unlike the amber alert, which were so familiar with, silver alerts do not show up on electronic highway signs. Tonight were learning that San Francisco bays current it tv launched seven years ago by former Vice President al gore has been purchased by al jazeera. Mr. Gore made the announcement announcing that they share many goals including highlighting diverse points of view. It will allow them to reach a larger english language audience. An estimated 60 of the programming will originate here in the united states. The rest will be from overseas. No word yet on where current will be based or what will happen to Lieutenant GovernorGavin Newsoms show which airs on current. To north korea, googles executive chairman is making a private trip overseas, traveling to north korea with former new mexico governor bill richardson. Its described as a humanitarian trip. Its not known with whom the men will meet or whether theyll be talking about korean americans who are in prison there. The internet can be a key topic. Schmidt is a key advocate and north korea technically is isolated allowing its citizens access only to a domestic interest. Cue the jackhammers and the traffic jams. Construction work ended today near union square. It was stopped to provide better access for holiday shopping. Now the sidewalks will remain open to pedestrians but those walkways will be a little thinner. . 6 million subway project will extend the underground service to chinatown with a new station being built at union square. Okay. Its a new year and we have a new name for the department of fish and game. Now known as the department of fish and wildlife. The state believes its a better description of the agencys mission. Traditionally known as game wardens, they will be called wildlife officers. Many of the departments old material will continue to bear the old name in order to be cost effective. And a new survey shows water content, yeah, you guessed it, well above average. The survey was conducted in El Dorado County and found the water content measures 134 average this time of year which is great news since the snowpack provides about a third of the water for californias homes, farms, and other industries. Despite the numbers, they are tempering the enthusiasm by reminding the public a year that starts out wet can quickly turn dry. So you still need to conservative. Look at all of us. The gang is back together again. The band is back. Happy new year. Some good old r r, rest and relaxation. And today many of you might have gotten woken up out of bed by all this cold weather. A little bit refreshing outside but maybe a little bit annoying he especially santa rosa droppe down to 24. Probably had to do some scraping on the windshield. Another cold spot was livermore at 29. So here is the deal. We warmed up the most in the south bay. About a 30degree temperature j jump. Not too shabby. Jumped up to 58 degrees. We held on to that cold air in the east bay. 53. Thats it in livermore. And also 54 in san rafael. So here is the deal. Right now its cold. Plenty of low to mid 40s across northern. Already dropping to some 40s in the north bay at this hour, even in the south bay one of our coldest spots at 46. Campbell at 54. 52 in santa teresa. That live hd camera network. You can see the city lights shining bright. A meteor shower activity as well as we head into the overnight hours. Some clear viewing for some meteor showers, some shooting stars as we head into the morning hours. Lets bring you back to the weather board. The storm track pushed off to the north. High pressure building offshore that will keep it clear and also sunny. So some nice mornings and afternoons coming your way when had it comes to storm free activity but, of course, it is going to be very cold, near record setting temperatures expected. But by this weekend, we are lookinat the chance here of some showers. A quick look at tonight, 11 00 p. M. , mid to upper 30s in the north bay and the east bay and by tomorrow morning its going to get frigid. More 30s coming our way. Our next chance of rain. Cold already. Thank you, jeff. Clearing a path now for citizenship. And its one of the islands new e newest treasures. Theres a big problem with this statue. And a deadly crash. Why Justin Bieber is calling for change. A bold move in the car rental business. Avis is buying the Company Popular for city dwellers and College Students for half a billion dollars. Zip cars parks in cities and campuses for pickup even if its just for a few hours. People can reserve time slots online or through mobile apps. More than 760,000 members and is the largest Car Sharing Network in the world. Purchased the purchase should be complete by spring. Avis plans to expand the fleet and add more pickup locations. Not a happy new year for cab drivers after complaints against them were made public. All those were called into San Franciscos 311 lines between july 2011 and june 2012. Refuse to go pick up drivers, texting while driving, falling asleep at the wheel and even having bed bugs in the cab. The Municipal Transportation Agency says they will try to investigate every complaint but theyre working with limited staff. The complaints represent a small share of taxi drivers in San Francisco. Back to the future. We might see a blast from the past on california roadways. The dmv wants to issue the yellow, blue, and black license plates. Others with a taste of nostalgia may want them, too. The dmv has to get at least 7,500 orders by january of 2015. If they dont, theyll refund the 50 application fee. Why does the deal have so many extra padding . Well take a closer look at it. Students at sandy hook elementary prepared to return to class. What theyll find at their new school. And adding insult to injury, families of the victim of the colorado movie massacre are calling a disgusting imitation. And saying so long to a San Francisco icon, at le