But the coast guard says nothing is leaking from. It did offload fuel in martinez before heading out to sea this morning. The coast guard says the pilot and ships captain will be tested for drugs and alcohol. The pilot onboard has been a pilot in San Francisco since 2005. He says the man did pass an alcohol test and results of a drug test will take some time. The coast guard also says no one onboard this ship was injured and at this point theyre trying to figure out why this oil tanker hit the bay bridge. Reporting live on Treasure Island, jean elle, nbc bay area news. Thank you. It was foggy. That is one of the things theyll look at especially since todays accident brought back memories of the foggy bridge crash five years ago involving a container ship that crash led to an environmental disaster for the bay area. The ship spilled 53,000 gallons of oil into the bay closing local beaches and killing thousands of birds and other wildlife. The owner of the tanker ultimately paid out 44 million to help fund the cleanup and 10 million in fines. An ntsb investigation found the pilot was impaired at the time by prescription drugs. He served ten months behind bars and had miss pilots license revoked. If you want more information including closeup photos of the damage done today, logon to our website, nbcbayarea. Com. Its all there on the home page. Its a legal move that does not sit well with most of the victims families. A judge ruled the man at the center of the mass shooting is not competent to stand trial. We bring in Kimberly Tere who was in the courtroom for the hearing and joins us with more on the decision and why this is not the end of the story. Reporter one Family Member who did not want to be identified spoke to us off camera. He was really upset. He said goh was can haonfident h to killed his loved one and six others and should be competent enough to stand trial. He went on to say hes disappoint disappointed with the judges decision and wants to see goh tried. But as it stands now, that will take some time. Hes an accused mass shooter prosecutors say opened fire inside a small Christian College killing seven people last april after a bitter dispute over tuition. But today a judge decided he wont be tried for the shooting at oikos university, at least not yet. Instead one goh will be sent to a psychiatric facility until he regains competence to stand trial. He is a deeply troubled man. Hes locked up in shame and remorse and sadness. Hes not eat iing. Hes not taking good care of himself. I think hes significantly mentally ill and he needs help. Reporter his attorney raised concerns about his Mental Health and two reports from psychiatrists have validated those concerns. After interviewing goh, watching his taped confession to police and reviewing police reports, both doctors say the 43yearold is a paranoid schizophrenic and needs treatment. I just want to make sure its understood this is a temporary suspension of proceedings in this case. This is not about him trying to avoid responsibility or him trying to get out of this. I mean, he has confessed to these crimes and accepted responsibility. This is really about his present mental status and the constitution demands that he be confident and able to understand and rationally participate in the proceedings, and right now he cant do that. Reporter the court is expected to decide where goh will be placed at the end of the month. Once he is at the treatment facility, which his Attorney Says will like ly be napa state hospital, the court will receive progress reports. Gohs Attorney Says the hope is through therapy and medication his Mental Health will be restored so he can be tried. Goh does not appear to show any emotion during todays hearing. His next scheduled appearance in court is january 28th. Live in oakland, Kimberly Tere, nbc bay area news. Kimberly, thank you. Coming up at 6 30, not just guns but the bullets. A proposed new safeguard by a Bay Area Assembly woman is to help curb the violence. That story just ahead at 6 30. New details on an officer involved shooting in walnut creek that left a hairstylist dead. During a News Conference this afternoon the citys chief of police say anthony bent jr. Was holding a teninch chef knife when Police Killed him. The incident began with a 911 call for a woman who said a man was being attacked inside an apartment. When officers arrived they say no one answered the door so they forced their way in. Thats when they ran into banta. Nancy was described as extremely agitated and he refused all commands given to him by the officers. Officers ordered mr. Banta to drop the knife several times. Banta, mr. Banta suddenly charged down the stairs towards the officers with the knife in his hand. Thats when the chief says his officers fired in selfdefense. The other two people inside the apartment believed he was going to kill or injure them. Detectives are still waiting results from the toxicology test. Today a handpicked Evidence Response Team converged on a farm east of stockton where federal investigators expect to find more victims of the socalled speedfree killer. The fbi is now leading the excavation of an old well located on a farm outside of lynn deny. The site is near another abandoned well where four bodies were found nearly a year ago. Authorities believe those bodies are linked to herzog and Wesley Sherman time. Herzog committed suicide while sherm shermantine is on pin row. A combination of efforts, a collaboration of investigative techniques the fbi has been using the last five or six months, information thats been supplied to the fbi by our local and state Law Enforcement organizations and, of course, interviews weve had with them. Investigators say it will take about three weeks to hand sift through about 50 feet of soil. Oaklands first homicide victim of the year is a teenaged boy. Police say he was shot and killed around 1 00 this afternoon while sitting in a parked car. This happened at a parking lot near the intersection of hagen berger and hamilton. Detectives are not releasing the boys age or name. Last year particularly violent in oakland, as youve heard, 131 people killed. Thats the highest yearly homicide rate in oakland since 2006. Tonight sfrap San Fran Police continue to search for a man who they say poured gasoline on his girlfriend and then set her on fire. Police say 22yearold Dexter Oliver attacked his girlfriend yesterday near the intersection of hols ter and jennings in the citys bayview district. Police describe oliveras 510, 155 pounds with a distinct haircut that includes the lightning bolt cut into one side of his hair and a fish design on the other. 25yearold star lemar remains in Critical Condition at a San Francisco hospital. She has severe burns to her face and chest. Family members say oliver became enraged when lamar broke up their relationship. In the south bay two suspects are under arrest tonight after an incident triggered an order. Near south king road and ocala avenue was on lockdown until 1 10 this afternoon. That lockdown started after reports someone spotted several men in a cardiss playing a gun. When Police Caught up with the men, they took off leading to a house to house search near the school. Ultimately the two were arrested but no gun was ever found. Well, game on. The National Hockey league is now scrambling to come up with a revised schedule for the San Jose Sharks and the rest of the league. A new deal will finally end the 113day lockout after hundreds of canceled games, you can imagine the players are ready to go. And so the Business Owners in downtown san jose who depend on teal fever to keep them in the black. Lets bring in kris sanchez who joins us live from the shark tank. Its nice to see that building lit up again, kris. Reporter it is very nice and, raj, there are a lot of Exciting Events listed on the marquee. Not just the sharks yet. The nhl is having a bit of a time trying to come up with the schedule. It feels like the season will start. Reporter in the sharks locker room for the First Time Since last season. He spent the lockout playing in finland. I live in san jose. This is home for me. Reporter the head coach and some of the sharks players waited out the 113day lockout here in san jose. Can coach said he heard from very disappointed fans and knows what the team has to do in this very short season. To win as many games as possible and earn their loyalty back. Theres not much we can say except apologize for the length of time. The players lost income but so did the local economy. According to the city of san jose, the sharks organization creates about 1. 3 million in direct economic impact. Add to that 38 million in sharks related spending outside the shark tank. Reporter joe says he feeds about 14 of the sharks every game day and he says it will be good to have them back. Even if he is mad at them. He jokes but a lot of downtown businesses depend on sharks teal to stay in the black. We dont survive on the sharks but a lot do. Reporter lady gagas first home game may not be until january 31st against the boston bruins. They are ready to play. Reporte you have to win. They are ready to play before their hometown crowd but they may not get the chance until january 31st. Of course that is subject to change as the nhl works out the kinks in the schedule. Must be a tough job. In san jose, kris sanchez, nbc bay area news. Gun supporters have long said that an Armed Society but what do the numbers show . Ahead at 6 00, gun sales have soared. Are the newly armed americans really reducing crime . A new study, what does our reality check find . Reporter im Damian Trujillo live in mountain view. After the murder, police say they finally have a killer. Thats coming up. And a drunken joy ride ends in destruction. Take a look. What investigators believe is behind this dramatic scene in the south bay. And im jeff ranieri in the weather center. Low to mid50s across a lot of the east bay right now on your monday and were going to have details on fog that will be developing for tonight and tomorrow. Dense fog advisory in effect. Ill have your forecast coming up in a few minutes. Its a very cold case but it was cracked. Mountain view Police Announcing today they have cracked a suspect in a decades old murder. Damian trujillo joins us. How did they finally find him . Reporter police say the body of jermaine was dumped behind this Safeway Store here in mountain view. The d. A. Says dna led them to the suspected killer. Detectives from the Police Department drove to the fresno area and arrested daniel garcia. They say in 1985 garcia strangled a woman and dumped her body behind this Safeway Store. The case remained closed until the pd began examining evidence under the fingernails of the victim. The dna under those matched those of garcia according to police. The d. A. Asked for a no bail warrant for garcia, but the judge this afternoon set bail at 2 million. The Prosecutor Says that the arrest shows the Law Enforcement commitment to victims families. Anyone out there who commit add heinous crime whether it was in 1965, 1975 or last year, we dont forget about the victims. Every day thats what we come to work for. The Police Officers working these cases, the investigators, the criminalists in our unit. Reporter the d. A. s office reopened its cold case unit only back in 2010, and so that is being credited with helping make the arrest of this 22yearold homicide here in the city of mountain view. Neither Family Members for the victim or the suspect were in court today and the Prosecutor Says because she fought back, the victim was able to lead prosecutors to the suspected killers. Live in mountain view, im Damian Trujillo. Police are searching for three suspects who stole a pet grooming van and crashed it into a south san jose business. The driver lost control of the Shopping Center and crashed into a smoke shop. Happening around 6 30 this morning. The suspect then took off on foot, abandoning the van, moments after the crash. They were partying inside the van. They had alcohol. Probably a dui and that probably contributed to them losing control of the van and running into a business here. Police found 12 packs of beer, evidence that could help identify them. The crash caused major damage to the store. Luckily, though, it was early so no one was inside. In the east bay an suv injured four people during the lunch hour at a livermore restaurant today. Take a look. Police saying the driver thought the vehicle was in reverse and then hit the gas. Thats when he plowed through the italian cafe on North Livermore avenue. The suv managed to travel all the way through the dining room and out the other side hitting four of the 17 people in the restaurant, the most severe injury was a broken leg. The driver was not injured. Well, back to work. State lawmakers returned to the capitol and to some very big changes. California is in better financial shape than they last adjourned. For the firts time in more than a century, democrats hold twothirds majorities in the assembly and the senate. That super majority gives them the ability to pass new legislation without support from republicans. Observers say thats likely to mean fewer deadline problems and passing the state budget. Ten people who lost their homes to wrongful foreclosures could get part of a new 8. 5 billion settlement. Jpmorgan, bank of america, and wells fargo are three of the ten banks and Mortgage Companies that agreed to pay the multibillion Dollar Settlement to homeowners. Under the agreement up to 3. 8 Million People whose homes were foreclosed on between 2009 and 2010 could receive anywhere from 1,000 to 125,000. Lets bring in our chief meteorologist jeff ranieri, and this is where it gets interesti interesting. I believe we might have some snow in the lower levels of the bay area. Yeah, thats exactly right. Down to about 1,000 feet. More on that coming up, guys. Take a look at the highs for today. The warmest weather in the south bay with 62 in santa teresa. 58 in san jose and up to the north bay we had 62 there as well and just in case you missed it in our 5 00 show, look at this sunset we captured. And also this picture coming in from 0 our crew on Treasure Island looking back to San Francisco and that sunset actually sent off by some of the dirt particles in the atmosphere. We had moderate levels and as the sun sets it reflects. If if you suffer from allergies, well have some nice sun sets coming our way tomorrow. Unhealthy levels in the south bay with a winter spare the air alert in effect for tuesday, so once again if you suffer from respiratory problems or allergies, its going to be a tough go for you there this on tuesday. All right. Lets take you outside to our Sky Camera Network and what youre going to be able to see is, of course, traffic moving right along. Mainly Clear Conditions in the south bay with some of that haze and up to San Francisco nothing in the way of fog right now but we are going to get more dense fog as we head throughout tomorrow morning. Lets get you back in here. The storm track with all the rainfall is still several hundred miles off to the north. Were going to be under the influence of High Pressure. Thats actually going to bring us a little bit of warming as we head throughout tomorrow. Temperatures five to ten degrees above where we should be for this time of the year. And then as we head throughout the middle part of the week we are going to talk about major cooling coming our way. As far as tomorrow morning goes, though, with temperatures dropping again into the 30s, well have some dense fog to watch out for. You want to use the low beams and keep plenty of distance between you and the car in front of you. So fog to start, sunshine by the midday and afternoon hours. Temperatures in the upper 50s and low 60s and when did that low snow get here . Look at this. By thursday we could see it down to about 1,000 feet. Well have more later on in the show. The popular class of drugs that could be now used to prevent another debilitating disease. And its a date. The Supreme Court announces when theyll hear arguments on californias banned same sex marriage. And an app avalanche. The milestone for apple. [ crickets chirping ] [ traffic passing ] [ music box lullaby ] [ man on tv, indistinct ] [ lullaby continues ] [ baby coos ] [ man announcing ] millions are still exposed to the dangers. Of secondhand smoke. And some of them cant do anything about it. [ continues ] [ gasping ] we now know when the Nations High Court will take up a case challengingc california ban on same sex marriage. Today the Supreme Court announced it would hear arguments march 26th meaning a decision could be expected in june. Back in 2008 california voted to prove marriage is only between a man and a woman. Two same sex couples appealed