>> reporter:it was an overall peaceful march.lasting about 2- hours, after which the majority of the protesters went there separate ways, leaving behind a few these deputies you see here behind me to watch over a few stranglers outside the sheriff's office.in santa rosa haaziq madyun kronn4ews >> reporter: this is video from may helicopter partnership with abc news. you also see some of the deputies on the roof but it was overwrought a very peaceful march. coming up at 6:00 you will have more for now and sonoma county, charles clifford kron4 news. >> reporter:we're learning more about the deputy who shot and killed andy lopez. 48-year-old erick gelhaus shot lopez seven times. the 24-year veteran is an iraq war veteran who's also a firearms instructor. he's contributed to gun publications.and in 2008.he wrote an article for swat magazine. >>"today is the day you may need to kill someone in order to go home. >> reporter:somebody needs to be in charge, so make a decision." >> reporter:and in the same article, he said "when you are caught in an ambush, you need to make your decisions immediately and carry them out just as quickly. >> reporter:you need to shut down the bad guys who initiated the ambush so that you can go home." >> catherine: in a developing story on the peninsula. for the second straight day - the woman accused in a closely-watched fatal d.u.i case is a no-show. a father and mother were killed in that crash. kron four's rob fladeboe reports on what happened. >> reporter:once again on tuesday, just moments before she was to be arraigned in department 4-a here at san mateo county superior court, marjorie reitzell failed to appear. the 53-year-old redwood city woman is charged with two felony counts of vehicular manslaughter and two counts of felony d.u.i. after she allegedly struck and killed two pedestrians last week in menlo park. officially, reitzell is medically unable to appear in court but her brother ronald says she doesn't remember what happened and is overcome with grief. >> anyway you look at it is no way anything possible or pleasing to be said about it. an accident that happened and my sister was because of it. like i said she was unstable, she had been reading ever since my mother died. i will blame it on the grief. this has finally set and that what has happened, has happened and she is not prepared to do with it mentally. i believe that is why she is not showing up for court. >> reporter:prosecutors say reitzell's blood alcohol was twice the legal limit following the accident and that she is on probation from a 2012 d.u.i. conviction. >> reporter:by law, defendant's like marjorie reitzell are supposed to be arraigned within 24 hours of her arrest, unless they are physically unable to do so. >> reporter:therefore she will be back on the court calendar again on wednesday pending a re- evaluation of her medical condition. >> reporter:in redwood city rob fladeboe kron 4 news >> catherine: a san rafael jury is now deliberating the case against max wade. he's the 19-year-old accused of trying to murder two teenagers in mill valley when he was 17. he's better known for allegedly stealing a lamborghini belonging to celebrity chef guy fieri. yesterday, fieri testified >> catherine: he did not know wade, and did not give him permission to take the car. wade is being charged as an adult. he's facing about 30-years in prison. >> catherine: investigators say a fast- moving fire that ripped through a two story building in san francisco did roughly 800-thousand dollars in damage. it started in a building on valencia street at 25th street in the mission district yesterday. >> catherine: this is video from our helicopter partnership with abc-7 news. the building is now red tagged. the three alarm fire spread to four other buildings. doing varying degrees of damage. 21 people were forced from their homes and are getting help from the red cross. >> catherine: now to the weather. >> catherine: here's a live look from s-f-o. it's been gloomy at times - and it was rainy earlier. i'm here in the weather center with our chief meteorologist. >> jacqueline: not widespread as we take a wider look pushing father east it will move out of here tonight and we was the clear skies and chilly temperatures. low sixties for much of the bay area. 60 in oakland, and 64 in plaza tam but it will get chilly out there tonight. defrosted by azeri we will take a look at your neighborhood coming up. >> catherine: is google behind a mysterious barge off treasure island? tech blog c-net did some detective work -- looking up lease agreements and asking experts. and it seems that indeed - google is behind the secret project. the four-story structure >> catherine: made of shipping containers is one of two in the bay. the speculation is. this is a floating data center, because google has a patent for a floating data center cooled by ocean water. >> catherine: there's another, similar structure in portland, maine. google is not commenting. >> catherine: coming up. >> catherine: the science experiment that got a high school teacher fired. then. >> catherine: elderly patients who were essentially abandoned.. we hear from a woman who once lived at the east bay nursing home now under investigation. you got to love the weekend. it's like everyone came to, "if it's good, let's save it for the weekend." so here's to the kfc ten buck weekend bucket. ten pieces, ten bucks. any recipe. just ten bucks every saturday and sunday. today tastes so good. >> reporter:shares of bay area car-maker tesla.largely unaffected after another report of a fiery crash. you can see a mini explosion here in this cell phone video.taken a week and a half ago in mexico. >> reporter:a tesla model-s apparently drove through a wall, hit a tree, and caught fire. and it was the second time this month that a model s burst into flames. this was the scene october 2nd near seattle -- a tesla burned after hitting some road debris. >> reporter:the debris punctured the car's electirc battery.which led to a large fire in the car's front end. late last week the national transportation safety administration said there's no indication this fire was caused by a sefety defect. >> reporter:kron-4 reached out to tesla for comment - we have not heard back. >> catherine: still ahead. >> catherine: the texas man accused in a violent murder spree. and the victim police say he spared. then -- it's been one year since super-storm sandy hit the northeast. why at least one business owner is still struggling to rebuild. i love watching tv outside. and why can you move the tv out here? 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[ male announcer ] get u-verse tv for just $19 a month for two years with qualifying bundles. rethink possible. nice car. sure is. make a deal with me, kid, and you can have the car and everything that goes along with it. ♪ ♪ so, what do you say? thanks... but i think i got this. ♪ [ male announcer ] the all-new cla. set your soul free. [chris]still smoking up a storm? the all-new cla. [tom]yeah.pathetic,isn't it? [chris] ever try to... [tom] quit?of course! my best time was six days. the worst was ...uh...23.4 seconds. [chris] so can i ask you... [chris & tom] why are you still smoking? [tom] [sarcastic] "it's so much fun." [chris]why not call the smokers' helpline? the program's free,and... [tom]and they'll tell me..."you oughta quit." [chris] not so. just tell them you're ready to quit. then,they'll tell you how. [tom] really? you wouldn't have that number on you,would you? >> reporter: the texas man accused of killing five people overnight.is now in custody. >> reporter:police in terrell texas - near dallas.say charles brownlow went on a killing spree.and knew several of the victims. >> reporter:they say he murdered his aunt and his mother at two different locations in the same neighborhood.setting his mother's house on fire. >> reporter:at antoher location.police found a man and woman dead. a three-year-old child was found unharmed in the home. police say brownlow knews the couple. >> reporter:it didn't stop there. a little later. a fifth person was found dead at a store. that's where a police officer spotted him. the chased brownlow in a car.the suspect crashed into a wooded area.ran off.and was eventually caught and arrested. one year after superstorm sandy - a lot of people are still struggling to rebuild. in seaside heights -- on the jersey shore -- millions of dollars were poured into rebuilding. >> catherine: then a huge fire hit in september. part of the boardwalk damaged by sandy was again destroyed. poppy harlow has the story. >> reporter: when superstorm sandy slammed ashore one year ago -- swallowing this boardwalk and it's iconic rollercoaster -- it took bubba's hot dog shop with it. >>"and the building was just destroyed -- devastation." >> reporter:but he re-opened this summer. unwilling to give up. >>"how was this summer for business?" >>"it was slow. no one made a lot of money. i mean it was a year of survival." >> catherine: then -- in a one-two-punch -- bubba's new restaurant was wiped out in a september fire that demolished sixty businesses. >>"it was probably the biggest feeling of helplessness i've ever had in my life." >>"you named one superstorm?" >>"superstorm. that's the only type of superstorm i ever want to see again." >> reporter:vince storino is building back the casino pier. >> reporter:"i think we had 1,000 man hours a day working on this project and what we accomplished in several months should have taken a few years." >> reporter:but a large chunk of the pier still isn't rebuilt. >> reporter:and storino questions whether its worth the investment not knowing how many people will return. >> reporter:many have no homes to come back to. >>"i think we've come a long way." >> reporter:seaside mayor bill akers estimates business here was down thirty percent this summer. >>"there was a time right after sandy, we didn't know if we'd be open. so you can think of it as 30% down or 70% up." >> reporter:he says rebuilding the town's infrastructure -- and mitigation work -- could cost up to $20 million dollars. >>"this town gets whacked by sandy and this fire." >>"it's punch in the gut, poppy, i'm not gonna kid ya. you sit there's no reason why, there is no good answer. the only thing you can do is deal with it." >> reporter:at the beachcomber bar and grill something astounding happened. >> reporter:the businesses on both sides of michael carbone's restaurant burned down. >> reporter:but his. did not. >>"fire, storm, we're here - this is our life. this is how we make our living and the lesson is we're jersey strong." >> reporter:strong. a good word to describe folks here. >> reporter:and what bubba built -- twice -- he's building again -- come hell or high water. >>"if i can get my doors open, pay my rent, pay my employees i'll be happy. i'll be happy. i'll be open - that's the goal." >> jacqueline: we will talk more about the weather coming up in just a minute. widespread 40 that is the dark blue on your screen. there is a frost advisory but i'd want to track the temperatures into the afternoon and he was the '60s in the north bay to inland valleys. as we head into the 3:00 hour was the upper 60s. and lots of '40's and even '30's in the north bay. 40 in sambar fell and 42 in redwood city. hears defrost advisory in the north bay hills. one to 9:00 in the morning and the low 30's catching frost on the windshield. a thousand feet in the north bay tomorrow morning. in the upper 60s for the south bay in 66 for san jose. 65 for mountain dew and upper 60s for our inland valleys. 67 in livermore and los '60s for east bay shoreline. 60 degree for downtown san francisco. here is a look at the extended forecast with warmer out there tomorrow trending through friday. gusty winds and cooler temperatures. trick or treating, not a bad forecast at all. temperatures running largely in the upper 50s and lower 60s during the trip to treat our spirit hours. >> catherine: next -- >> catherine: a high school teacher fired. >> catherine: the experiment she ran -- which the school says went too far. then -- found dead in a hospital stairwell. what lynne spalding had taken with her.and what she left behind. >> catherine: a north carolina teacher has lost her job.after allowing students to share needles in class. it was part of a biology experiment on blood types. bryan mims has the story. >> reporter: there they were in class thursday at overhills high school, students of biology teacher miyoshi mcmillan. she had them doing an experiment on blood types. inside a lab kit, given to science classrooms, were seven pricking needles. >>"so some students were like, 'oh this is cool! i want to know my blood type.'" >> reporter:the kit also had synthetic blood for these exercises, but mcmillan allowed students to use the lancing needles to prick their own fingers. >>"if it's not okay to use, then i think it should have been taken out during the summer." >> reporter:mcmillan says after using the needles, the students wiped them with alcohol swabs so the next class could use them. >>"i had to monitor the class. i had to walk around the room. it's not like i could lollygag." >>"but was alcohol enough?" >>"from my prior knowledge, i thought it was." >> reporter:she gave students who declined the blood test an alternate assignment. school officials say a concerned student left class left to call her parents, who alerted assistant principals. >>"and they were like 'stop the lab! stop the lab!'" >> reporter:by the end of the day, mcmillan was out of a job. >>"we don't want students to be, first of all, sharing a needle, and second, to have any type of human blood in the classroom." >> reporter:harnett county schools spokeswoman patricia harmon-lewis says every teacher is instructed on the dangers of blood-borne pathogens. this was mcmillan's first year at overhills high school. >> reporter:she has a major in biology and was hired as a lateral-entry teacher, someone who has expertise in a subject but who's still working on getting a teacher's license. >> reporter:until then, mcmillan was paid as a substitute teacher. i love watching tv outside. and why can you move the tv out here? the wireless receiver. i got that when i switched to u-verse. but why? because it's so much better than cable. it's got more hd channels, more dvr space. yeah, but i mean, how did you know? i researched. no, i-i told you. no. yeah! no. the important part is that you're happy now. and i got you this visor. you made a visor! yes! that i'll never wear. ohh. [ male announcer ] get u-verse tv for just $19 a month for two years with qualifying bundles. rethink possible. female narrator: the mattress price wars are ending soon the mattress price wars are ending soon at sleep train. we've challenged the manufacturers to offer even lower prices. now it's posturepedic versus beautyrest with big savings of up to $400 off. serta icomfort and tempur-pedic go head-to-head with three years' interest-free financing, plus free same-day delivery, setup, and removal of your old set. when brands compete, you save. mattress price wars ends soon at sleep train. ♪ your ticket to a better night's sleep ♪ (male announcer): this is the bay area news station, kron 4 news starts now. >> catherine: a former resident of the castro valley residential home where authorities say 14 patients were practically abandoned -- is speaking out tonight. 73-year-old ina wind did not want her face shown on camera. >> catherine: she says she lived at the facility for nearly six months - until march of this year. >> catherine: she says the patients were not given enough food.and there was urine-stained clothing often left on the floor of the bathroom. >> catherine: she also claims the staff was slow to help patients. >> i was happy to leave and i did not want to stay there anymore. there any more >> reporter: >> catherine: ina wind says she thinks the operators should go to jail for what happened at valley spring manor. the sheriff's department says the investigation is still underway and no arrests have been made. >> catherine: now at 5:30. the >> catherine: she left behind her cell phone. but took her purse. new details on the death of woman whose body was found in a stairwell at s-f general hospital kron-4's justine waldman talked to the lawyer. representing lynne spaldings' family. >> reporter: the pedestrian killed >> reporter: >> she was dressed in her own clothes. her purse was near her body >> reporter: she also left personal belongings >> >> herself phone was left in her room it was on the bed and made with a sheet or blanket over it. >> reporter: was last seen wearing blue jeans boots and a sweatshirt. is unclear as to if that is what she was wearing when she dropped, she was leaving. it is clear that she never left alive. >> lynn spaulding was there the entire time. i think so. >> reporter: someone not wearing a name tag may have seen her suffering and the stairwell and even told a senior staff member. >> reporter: questioning if the sheriff's office ever did that did a search through out the hospital. >> could not believe that they searched the stairwell that they would not have found this woman. >> reporter: lawyer also told me that he expects to hear from the sheriff's office this week about when and where the search of for spaulding was completed in the hospital. ed also explain why she was wearing street clothes one share of discovered her. >> jacqueline: no clouds remained at this hour. we still seek a little bit of cloud coverage but that was expected to clear through the overnight hours. cooler conditions tonight in what we saw last night. check out the sierra still seen lingering snow flurries. it will leave to clear conditions and calmer conditions in the sierra. 59 in san for cisco and 58 in richmond. it will be warmer as we head into tomorrow afternoon. a little bit of fog expected tonight. warmer tomorrow am warmer to friday actually we will take a look at those temperatures into retreating forecast coming up! the white house continues to >> catherine: take heat over its problem-ridden health care website. today on capitol hill, the website's administrator faced tough questions from a key house committee. shannon travis has the story. >> reporter:bias-free review of obamacare? >>"i look forward to the hearing to really get an honest, straight forward assessment of the status of the health care law." >> reporter:or political witch hunt? >>"democrats want to make the affordable care act work. congressional republicans don't." >> reporter:a fresh round of back-and-forth over obamacare, tuesday, as house lawmakers probed, praised or picked it apart. >>"we're barely 4 weeks into this one, and we're already declaring it dead." >>"now we're told everything would be ok very soon. so why should the american people believe you now?" >> reporter:in the hot seat: >> reporter:the woman in charge of the problem- plagued obamacare website. in her testimony. a major mea culpa to the public. >>"i want to apologize to you that the website has not worked as well as it should." >> reporter:meanwhile: >> reporter:new questions over promises made by obama: >>"if you like your health care plan, you can keep your health care plan" >>"if you like your doctor, you can keep your doctor" >> reporter:that's not exactly the case for millions of americans in the individual insurance market. >> reporter:an insurance industry source says: >> reporter:the majority of americans with individual plans will will find their policies changed or even canceled under obamacare rules. >> reporter:the white house says those whose plans change drastically will be able to buy more comprehensive coverage. >> "one of the issues that the affordable care act was designed to address was the need to provide greater security to those americans who had no other option." >> reporter:and i'm shannon travis.kron-4 news. bellthe nfl trade deadline came and went today without much fanfare >> catherine: kron four executive sports producer jason appelbaum is here. to tell us if the 49ers or raiders made any moves. >> reporter: the 49ers' stood at six and two with a five game win streak coming by double digits scorning 30 more planes which makes them the third highest scoring team in the organization derrick they are getting it done! they have been very solid. the 49ers have spent the last weekend and have all been in serious miles but today on the heels of the blow out man of jaguar's coach harbaugh was asked how did it feel to be back home? >> you get nine days away and the self, fresher facility fields and the food. comfort of your own bed in kids. >> reporter: they are on their bye week and players will get a few days off. then after stick november 10th gary will have the latest on the raiders' fraught. front. >> reporter: all talked about a fish and chips and not much else. there were glad to be home heating their own food and sleeping in their own bed. >> catherine: i love that stuff. >> catherine: thanks jason >> catherine: new ahead. we asked to see some of your best halloween costumes and decorations. now we'll share some of them with you. >> catherine: winners and losers on wall street.,. including how video games sales -- stack up against movies. >> catherine: now for today's market update. stocks were up again -- despite a lackluster report on retail sales. here are the final numbers. the dow jumped more than 100 points.finishing at a record high. >> catherine: the nasdaq was up 12. and the s&p was up 9 points - to another record high. >> catherine: kron4 finanical expert joined our own darya folsom to talk winners and losers on wall street today. >> reporter: michael course is that a winner or loser? i love michael cores kors. >> i'm glad that you love michael core spirit keep in mind he is a designer from him that the foot wear. >> reporter: how about video games? and video games are big buyout bid? >> bigger than the movie industry. >> reporter: really? due to the cost? >> anyway, it hit $11 billion by 2015 it was 70 million last year. you have all of these new video games becoming more realistic and it is entertaining. but like michael course we spent on luxury but we also spent on entertainment. >> reporter: i am more of the blood and guts type of guy. we have to plan for the up cup the apocalypse. >> reporter: how about i tried on google glass but this is the the want? which land ever half the glass or the watch. ? >> dix's the excess remarket its a pretty big market. the gold watch is the emblem it would be a smart personal assistant and would have a really long battery life. i think that it looks ugly apple has caught up with something better with burberry and hardly the time and they know what they are doing >> reporter: i think the glass after using at.. i can see people paying $1,000 for it. >> reporter: is the problem with obama care. i have been talking about it a lot with extending the deadline. you are seeing a could be a problem for the whole economy >> i look at everything monetarily. so the health care initiative, what we are running is that you we were promised to keep your old plan if you were an independent. but it shows a list of standard so that you would have to get yours dropped by the mandate and thus you will help pick up obama care which is more expensive. there has been this should equal better health care, but 150 to $300 in monthly expenses that will not go into home video games lamichael course will be a drain in on the economy. >> jacqueline: san francisco airport it was not that way this morning you could see lout low cloud cover to appear it high temperatures today were on the cooler side just as what we expected mainly in the low 60s but that was it in santa rosa. 63 in san rafael for our inland valleys and 65 livermore and antioch. now, right now temperatures are about the slain: not if you did degrees. 60 and concord and san jose it is on to beat a chilly night to night. the colder air that the system run down with it in the combination of those two things leaving to chile temperatures. its push wahl to the east now on its way to utah. we was the clear skies all the weight around tonight and into tomorrow especially in the afternoon. future test tomorrow with all the dark blue will represent to the dodgers and the forties. we will also seek upper '30's places like south bay. staying in the '50s for most of our bay shore spirit the upper 60s asset which represents in the fifties. sell a lot of stories of their low 40's livermore and pleasanton the north bay will be the chilliest spirit we would even see low '30's. this will be in effect from 1 to 9:00 in the morning on on wednesday. you will like to give yourself extra time to defroster when chilled. windshield. >> jacqueline: 68 in pleasanton, 67 and concord. los '60s at the coast and the upper 60s for the north day. mama for halloween and friday. as we head into the weekend that will bring another gust of cooler temperature. >> jacqueline: for your trigger treaters not bad. largely in the upper 50s and 60s. >> catherine: the sic a quick look at traffic with the troll plaza. same thing with the golden gate bridge. boeing 3 in both directions. >> reporter: me up! coming up i will explain in the next edition of people behaving badly tonight at 8. [son] all right,she has no idea. [man] no one told her,right? [son]hi! [mom screams] >> reporter: we have a big cat here. who is this our producer josh, dressed up like a ghost buster. who are you going to call? >> reporter: >> jacqueline: clear skies now it will get cold tonight i will have more on that. i love watching tv outside. and why can you move the tv out here? the wireless receiver. i got that when i switched to u-verse. but why? because it's so much better than cable. it's got more hd channels, more dvr space. yeah, but i mean, how did you know? i researched. no, i-i told you. no. yeah! no. the important part is that you're happy now. and i got you this visor. you made a visor! yes! that i'll never wear. ohh. [ male announcer ] get u-verse tv for just $19 a month for two years with qualifying bundles. rethink possible. >> pam: how would this report is what cufflinks with what police desperate new as six suspects remain on the loose after a club shooting avo: the volkswagen "sign then drive" sales event is back. which means it's never been easier to get a new passat, awarded j.d. power's most appealing midsize car, two years in a row. and right now you can drive one home for practically just your signature. get zero due at signing, zero down, zero deposit, and zero first month's payment on any new 2014 volkswagen. hurry, this offer ends october 31st. for details, visit vwdealer.com today. >> catherine: at six. >>hundreds march to protest the fatal shooting of andy lopez in santa rosa. by a sonoma county deputy ak-47 assault rifle as a real gun. >> catherine: (male announcer): this is the bay area news station, kron 4 news starts now. >> catherine: happening right now. there's a funeral mass underway for andy lopez. at the resurrection parish church in santa rosa. it follows a large protest. more on that later. but first -- >> catherine: kron4's charles clifford is live in santa rosa where the community has gathered to remember andy lopez. charles? >> reporter: andy lopez general mess it is on the way about 20 minutes ago. last look at bill i captured about 20 minutes ago. the video. >> reporter: air is a full house tonight there is an overflow situation to them may have to move space to accommodate everyone. here covering not only tonight from but the visuals and marches. very emotional and busy week here in santa rosa with numerous visuals and brought several rally spurred a brother large rally earlier today and we will have more on that rally and a few minutes. >> reporter: for now that is the very latest here as sonoma county could it >> catherine: more than a thousand protesters held a march through downtown santa rosa today. >> catherine: they're upset about the fact andy lopez was shot and killed by a deputy. >> catherine: some of the marchers were students - and they talked to kron four about why they were there. >>chanting >> i am going to keep marching and until we receive justin and justice for lopez. >> kind of do not feel safe all round the police anymore, honest lee. honestly. >> catherine: the march ended here at the sonoma county sheriff's office.where the rally continued. deputies were out in-force, wearing riot gear. but there were no clashes with the protesters >> catherine: we're learning more about the deputy who shot and killed andy lopez. 48-year-old erick gelhaus shot lopez seven times. the 24-year veteran is an iraq war veteran who's also a firearms instructor. he's contributed to gun publications.and in 2008.he wrote an article for swat >> reporter: "today is the day you may need to kill someone in order to go home. >> reporter:somebody needs to be in charge, so make a decision." r >> reporter:and in the same article, he said "when you are caught in an ambush, you need to make your decisions immediately and carry them out just as >> reporter:you need to shut down the bad guys who initiated the ambush so that you can go home." >> reporter:keep it tuned here to kron four as we continue to follow the latest with the andy lopez protests. you can also get updates on our facebook and twitter pages, kron four-dot-com, and our new mobile app. >> catherine: for the second consecutive day, the woman in a double fatal d.u.i. case on the peninsula was unable to appear in court. >> catherine: 53-year-old marjorie reitzell was scheduled to be arraigned today - but was once again excused because of medical reasons. menlo park police say she was drunk when she hit and killed a couple walking their dog thursday night. reitzell's >> catherine: brother made brief statement after the hearing was cancelled. >> catherine: prosecutors say reitzell's blood alcohol level was twice the legal limit. she faces two felony counts of vehicular manslaughter and two felony counts of driving under the influence. 1:30 p.m. preliminary >> catherine: there have been no arrests yet in the possible elder abuse investigation at a castro valley residential care home. on saturday -- deputies says they were called in to help rescue 14 elderly patients after most of the staff had left. >> catherine: that's after the facility had its licensed temporarily revoked by the state. tonight we're hearing allegations that the family running that facility -- also left 'another' group of seniors in a similar situation earlier this year. >>just like they did in castro valley they did us >> reporter:janelle uvillas worked at oakland's eden manor assisted care home when it was under the same ownership as the now shuttered valley manor care facility in castro valley. the oakland care home is now under new management.but janelle says during the transition.she and six other staffers were left to care for 8 patients for approximently 16 hours a day.seven days a week for more than a month.without pay.and without enough supplies for the people they cared for. >>there's no food, every meal is like sandwich only >>it's like they don't care about us the residents and us the staff >> reporter:the oakland care home is now under new management who say the condition of the building when they took it over.was deplorable. >>it was murder >> reporter:73 year old ina wind was transferred out of the castro valley home about seven months ago.she says the conditions were bad there.and she thinks the owners of valley manor should be criminally prosecuted. >> reporter:the state is currently trying to bar the owners of valley manor from ever operating or working in a california residential care says he disputes claims that residents there were not properly cared for and says his clients have asked the state's department of social services for a hearing. maureen kelly kron4 news. >> catherine: the plea hearing has been postponed.for the former ymca worker in morgan hill accused of molesting children. this is video of an earlier court appearance. >> catherine: nicholas ler- min-ae is accused of sexually abusing several children. between the ages of three and seven years old. he's also accused of possessing child pornography. >>he worked at the ymca child-care program at paradise valley elementary school for 4 years before his arrest in july. l-her- min-ae could face life in prison. >> catherine: new at six. city lawyers are considering >> catherine: their next move - after a jury yesterday awarded 15 san francisco firefighters 3- point-7 million dollars in an age discrimination case. the 15 current and retired firefighters.all over 40 years old. won the award for back pay and damages. >> catherine: they filed the lawsuit in 20-10 - claiming that a written test for a promotion favored younger firefighters. the lawsuit also claimed the city changed scores - and shredded some of the results - before firefighters could legally challenge them. >> catherine: the city of burlingame has issued an alert for a 76 year old man who has not been seen since yesterday morning. police say ivor morris left his ralston avenue home around 9 am to walk his dog. >> catherine: his wife says the dog returned - but morris did not. his car is still parked at the house. he was last seen wearing a white sweatshirt and black sweat pants. police say he has no health problems.so his disappearance is a mystery. >> how many children still like they cannot be safe within their own community? >> catherine: trayvon martin's mother appeared before members of congress today. what she wants a senate committee to do in light of her son's death. what we're learning about >> catherine: the texas man accused of going on a killing spree. the connection between him >> catherine: and his victims. and huge waves in portugal. one surfer takes them on. and rescues a fellow surfer in the process. his next stop - the maverick's contest in half moom bay. >> jacqueline: skies had cleared around the bay area. not a cloud inside but we will see chilly conditions not a cloud inside but we wi love watching tvditions outside. and why can you move the tv out here? the wireless receiver. i got that when i switched to u-verse. but why? because it's so much better than cable. it's got more hd channels, more dvr space. yeah, but i mean, how did you know? i researched. no, i-i told you. no. yeah! no. the important part is that you're happy now. and i got you this visor. you made a visor! yes! that i'll never wear. ohh. [ male announcer ] get u-verse tv for just $19 a month for two years with qualifying bundles. rethink possible. female announcer: when you see this truck, female announcer: it means another neighbor is going to sleep better tonight because they went to sleep train's ticket to tempur-pedic event. choose from a huge selection of tempur-pedic models, including the new tempur-choice with head-to-toe customization. plus, get 36 months interest-free financing, two free pillows, and free same-day delivery. are you next? announcer: but don't wait. sleep train's ticket to tempur-pedic is ending soon. ♪ your ticket to a better night's sleep ♪ so yso you can happily let the grlife get in the way, while planning for tomorrow. so you can finish the great american novel banking for the life you have investing for the life you want chase. so you can >> catherine: the window for the legendary mavericks surf contest near half moon bay opens this friday. >> catherine: a lot depends on the weather -- and things like the size of the waves breaking at regular intervals - good visibility - and low winds. the window of opportunity for the surf contest falls between november 1st and march 31st. >> catherine: among the two- dozen surfers invited to compete in this year's mavericks contest is brazilian surfer carlos burle. >> catherine: he reportedly broke a world record monday -- by surfing a 100 foot wave off the coast of portugal. and there are reports that the same surfer saved the life of a friend and fellow surfer -- after she wiped out and was knocked unconscious. >> catherine: she was taken to a local hospital with a broken ankle. >> catherine: the waves off portugal are often huge - and surfers come from all over to take them on. >> catherine: before they fled to safety. the story right after the break. ♪ nice car. sure is. make a deal with me, kid, and you can have the car and everything that goes along with it. ♪ ♪ so, what do you say? thanks... but i think i got this. ♪ [ male announcer ] the all-new cla. set your soul free. >> reporter: new at six >> reporter: seven counts of attempted murder and other charges were filed today against samuel nneka and duran, the suspect in in in the recent shoot out and stand off with law enforcement and rose bill. >> one of the agents shot and i saw him going down. you shot your own man. that >> he is too busy running. >> reporter: roseville police are disputing bell's claims. they do not believe that is possible. meanwhile the investigation continues heat is expected to enter a plea on friday. he is not eligible for bail. >> catherine: >> catherine: investigators now have a description of the man who may be a key witness in the case of alan spaulding. asian who was found dead in a stairwell at san francisco general hospital earlier this month. tonight. the witness is described as an asian man. thirty to 40 years old. 5 ft. 8 in. tall with a medium build. he was wearing a blue dress shirt and possibly a tie. police believe the man also had an hospital id badge. it is the person who first reported finding spaulding in the emergency exterior stilwell's 17 days after she was reported missing from her hospital room. police say the men alerted a senior staff member, but then disappeared. investigators have not been able to identify the man and help someone can help. >> catherine: barry bonds is asking a federal appeals court to reconsider its refusal to overturn his felony obstruction conviction. his attorneys of the request but the ninth u.s. circuit court of appeals in san francisco. a three judge panel upheld his conviction and september. after a jury found bonds guilty in april of 2011. he wants a special panel of 11 judges to 3 hear this case. bonds argue he was wrongfully convicted of obstruction of justice for giving a rambling but truthful answer during 2003 grand jury appearance. >> catherine: trade funds martin's mother testified today before a senate committee examining state your ground lost. florida team martin was fatally shot in a confrontation with neighborhood watch volunteer george zimmerman last year. the case brought attention to state stand your ground lost, even though it wasn't used as a defense. such laws allow people to use deadly force if they believe their life is in danger. >> catherine: martin's mother say the loss sent the wrong message. >> catherine: their new details after a texas man was arrested after a murder spree. the victim and close some of his own relatives. john laurence reports. goes along with it. -- police believe the man. who 11 judges to rehear this martin's mother says the >> reporter:police in terrell texas say the man suspected of going on a killing spree monday knew several of the victims. police caught up to charles brownlow in a wooded area in the city early tuesday morning. >> reporter:investigators found five people dead across the city, and are still figuring out why it happened. "we have some indications, i don't really want to speculate on a motive we do have several theories that we're working." >> reporter:police were called to the first scene monday evening, and found brownlow's aunt, belinda young walker, shot in the head. >> reporter:a house a few blocks away was on fire. firefighters found the body of mary catherine brownlow. the >> reporter:once police found the connection, their search began for charles brownlow. >> reporter:at a third crime scene, witnesses say they saw the suspect, and heard gunshots. >> reporter:at scene number four, police discovered a man and woman dead. a three- year-old child was found unharmed in the home. police say brownlow knew the couple. it didn't stop there. a little later. a fifth person was found dead at a store. officer spotted him. >>"had the police officer not intervened, i'm very concerned we would have had additional situations." >> reporter:that's when officers gave chase. the police chief says it all ended when brownlow crashed into a heavily-wooded area, and ran off. search crews in a helicopter closed in. >> "they were able to take him into custody without incident, and he was determined to be charles everett brownlow junior" >> reporter: i'm john lorinc reporting. >> jacqueline: give yourself some extra time to the defrost your mind shill before you head outwins dshield. >> jacqueline: 60 in downtown san francisco and the upper 60's for the north bay. here is a look at the extended forecast what 70's and the beef into the weekend. we will see another system which will bring us a little bit more clout coverage and gusty winds. let's talk more about the trick or treat weekend. upper 50s and lower 60s into the our spirit >> catherine: coming up. campbell police release new surveillance video. after a shooting at a nightclub over the weekend. >> catherine: who police are searching for. >> catherine: plus latest in a series of spying allegations. what the white house is considering of doing, next! i love watching tv outside. and why can you move the tv out here? the wireless receiver. i got that when i switched to u-verse. but why? because it's so much better than cable. it's got more hd channels, more dvr space. yeah, but i mean, how did you know? i researched. no, i-i told you. no. yeah! no. the important part is that you're happy now. and i got you this visor. you made a visor! yes! that i'll never wear. ohh. [ male announcer ] get u-verse tv for just $19 a month for two years with qualifying bundles. rethink possible. >> reporter:new at six. police are looking to identify four people that could be connected to a shooting at "the spot" nightclub in campbell. it happened over the weekend. let's take a closer look at the video. the first person walks right behind the guy wearing a cowboy hat. >> reporter:then you see another man walk into the club. wait a couple of seconds. to see the next two people a man and a woman walk through the door. >> reporter:the incident started when an employee asked a group of men to turn down their music in the parking lot around two a-m that's when one of the men reportedly shot the nightclub employee. >> reporter:police the group fled the scene and currently remain at large. the employee was taken to the hospital and is expected to survive. anyone with information on the identity of these individuals are asked >> reporter:to contact the cambell police department. >> catherine: the latest in a series of spying allegations. with the n-s-a accused of not only tapping the phones of millions of americans. >> catherine: but also the phones of top allied leaders. the house intelligence committee is asking questions. and talking about possible changes to the foreign intelligence surveillance act. >> we only spy for ballot form authorized by law with the multiple layers of oversight to ensure that we do not overact. >> catherine: , that project will cost? mountains of big bear in >> catherine: southern california.catching a lot of drivers off-guard. california.catching a lot of drivers off-guard. people who work in and now, during the "sign then drive" sales event, you're closer to yours than ever. like the turbocharged tiguan the midsize passat or the 34 highway mpg jetta. and every new 2014 volkswagen comes with no-charge scheduled maintenance... ...all for practically just your signature. the "sign then drive" sales event is back. ...and it's never been easier to get a new volkswagen. get zero due at signing, zero down, zero deposit, and zero first month's payment on any new 2014 volkswagen. hurry, this offer ends october 31st. yeah, it's perfect for us tv fans. no...me. they made this for me. oh, and you've worked out a theory. this is exciting. what's the evidence? alright, evidence... u-verse has over 185 hd channels. i love hd. everybody loves hd. [ male announcer ] call now to get u-verse tv for just $19 a month for two years with qualifying bundles. and you can upgrade and get access to over 185 hd channels and more hd dvr capacity than cable. i also hate to delete episodes of my favorite shows. and? and u-verse has more dvr storage than cable. you think this is all coincidence? i think you need a new coffee table. you're probably right. [ male announcer ] call now to get u-verse tv for just $19 a month for two years with qualifying bundles. and ask about adding the wireless receiver, only from at&t. maybe u-verse was made just for. yes! didn't you build this wall unit here and then realize the tv outlet was way over there? without the... [ both ] wireless receiver. yes! i would look foolish. i know. yes! that's the missing piece! [ male announcer ] rethink possible. >> reporter: honor of his 30th this anniversary their pants to what neighborhood streets eight hours a day seven days a week for the next year. oakland's crime problem has taken a toll on business is still too fearful to shot fit closely at a separate security will help change that. >> catherine: is started this morning that a bear had climbed the tree of a church and school. police and wildlife officials cornered the bear and hit with a tranquilizer dart. just minutes ago police reported to that they had finally caught the bear after 12 hours of what it was thought to it. >> catherine: the ski resorts but not everyone who lives in the area is as excited as the fresh powder it is also bone chilling cold. the winter blues and and kind of blew out again. higher up resorts are reporting a foot of snow. the early dusting is encouraging species and used it begins in late november. ski >> jacqueline: 42 in livermore and pleasanton with 44 and half moon bay frost advisory is also condition for the north bay hills. it will be low for a spirit >> jacqueline: still who won't we will continue the warming trend with halloween thursday and into friday as another storm moved to the north of us we will seek colder temperatures and gusty winds. >> catherine: some of you have been sending us those of your children in your pet to getting into the halloween spirit stupid e- mail us to breaking news at kron4 dot com or are facebook fan page. we will show them on our facebook page and show some of them on the air. following is just a couple days ago but if you were to look through the small town it looks like christmas because of the committee jenner's ephors to offer a child a christmas possibly for the last time. his therapy is not working and he may only have a few weeks to live. the family and community one that devon and to see as celebrate christmas. >> we want him to have the best christmas he's ever had. >> i would hope that this would happen to my kid that the committee will come together and help support my family. >> reporter: he will be able to see the decorations from his window. >> catherine: they will know when he peeks out that they are behind him. >> catherine: what people are leaving behind. stanley roberts shows us -- next. youave gh blood pssure ke i do, loofor werful coldin hbp withtdici with a heart.cocidin . this ia maof t preure pots omyt i arnewherthe ressas athe dscho's ft maingcent. then goty nuer, ich matched e cuom f ortticinrts t. find yr clest ot mpingcent at o i'a beever find yr clest ot mpingcent at o i'a beever (male announcer): now, here's stanley roberts who found some people behaving badly. >> reporter:if you have time take a walk along the bay bridge trail you might notice a few things first off for the first mile and a half the only trash receptacle will be this don't trash california bag the second thing empty water bottles that litter the landscape, but the third the most bizzare are bag like this >> reporter:what are they? well lets just say they are not goodie bags, i know i will call them doggie bags, and not the type you might get from a restaurant >> reporter:did i just spoil you appetite? oh i'm sorry, maybe you might just want to step away from the table for the next few moments you see all up and down the newly designed path are doggie bags fill with . well you get the idea you see some people hsve gotten into the habit of playing hide and go seek with thiese safty barriers see its all coming together now isnt it >> reporter:the barriers are suppose to be sealed but if you look inside you might find water bottles and yes at one filled doggie bag >> reporter:you can't make this stuff up people! did i mention you can also find doggies bags in this safety barrel, yup nasty huh? >> reporter:the security officer deceided to step up and dispose of the garbage and ues there are some trash cans available but inconsiderate people would rather toss them over a fence >> reporter:you know there is a sign that reads pack it in back it out that means you dog waste too >> reporter:on the bay bridge trail stanley roberts kron 4 news 1 >> catherine: the continents of europe and asia are now officially connected for the first time by an underwater railway tunnel. >> catherine: turkey's prime minister and president, along with the officials from japan and romania, were part of a special ceremony to inaugurate the giant rail system. the tunnel, the deepest of its kind, runs eight and a half miles long. >> catherine: it's part of a bigger, four-and-a-half billion dollar transportation project. >> catherine: gary has been sports next these are the hands a pediatrician. these are pioneering advances in heart surgery. and these are developing groundbreaking treatments for cancer. they're the hands of the nation's top doctors. kaiser permanente doctors. and though they are all different, they work together on a single mission: saving lives. discover how we are advancing medicine at kp.org join us, and thrive. (male announcer): it's now time for gary radnich from the jack in the box sports desk. raiders try for.500 >> jacqueline: the raiders can get to.500 4-4 sunday at home against >> gary: the eagles who will likely not have michael vick at quarterback their 21-18 win over the steelers was of course sparked by terrelle pryor's record- breaking 93-yard touchdown run but the team has also benefitted from an opportunistic defense they picked ben roethlisberger off twice in the 4th quarter sunday many of the raiders top defenders are on one-year contracts and want to show they belong gardner out for season >> feel great, phil breakers. nine days away pressure facility we feel in the fluid in the comfort of your own bed and children. >> catherine: now. he was descanting english food. " maybe? dissing >> catherine: facebook or mobile act. what are you doing it now? >> gary: because i want to be a good boy you can stay connected any time at kron 4. >> catherine: i agree. >> gary: do you know who this man is? >> gary: the great blue heavens. lou >>singing >> gary: he is one of the most popular sinkers all round. he will do he will handle all of the branding on this program. think of something else lou. >> gary: 21-18 over the steelers >> gary: 1 year contracts >> gary: >> i think a lot of these guys that we have brought in and have a chip on their shoulders. they want to prove that that are worthy of the leader of the top notch they have all come together which is one of the impressive thing spirit common goals, come common purpose. the >> gary: a week from thursday night there will play oregon cree >> gary: gardner will stanford's two-time all-pac- 12 defensive end and captain ben gardner will miss the remainder of the season with a torn pectoral muscle suffered in the win over oregon state saturday. gardner is a fifth-year senior, so this effectively ends his stanford career. the timing of this injury couldn't be worse for the 5th-ranked cardinal as they take on #2 oregon thursday night in palo alto. >> gary: gardner will undergo surgery on thursday. >> gary: the average price for a ticket1,860 >> gary: last week the hope full clincher $1,100. one more time as " to our great friend lou we have a website... >>let's go to kron 4 ... the place to be! >> www.kron4.com visit it! >> gary: harrison bonds starting most time last year as a rookie will come off the bench as a sixth man. >> crazy thing plan for the lakers, it is pretty sweet cannot be happy that we will be opened up with that. could be happier >> it is important for us to put it to pay attention to the small details. >> gary: we will come back with blue edwards and getting down next female narrator: the mattress price wars are ending soon the mattress price wars are ending soon at sleep train. we've challenged the manufacturers to offer even lower prices. now it's posturepedic versus beautyrest with big savings of up to $400 off. serta icomfort and tempur-pedic go head-to-head with three years' interest-free financing, plus free same-day delivery, setup, and removal of your old set. when brands compete, you save. mattress price wars ends soon at sleep train. ♪ your ticket to a better night's sleep ♪ [s[man] no one told her,right?a. [son]hi! [mom screams] [people clap and cheer] so yso you can happily let the grlife get in the way, while planning for tomorrow. so you can finish the great american novel banking for the life you have investing for the life you want chase. so you can (male announcer): it's now time for gary radnich from the jack in the box sports desk. 2 >>audio >> jacqueline: >> gary: shifted to sinking he was >> i heard that. yes actually, it was spirit >> it is so fun to st. st.sing. >> i love to perform. i just always song as far back as i could remember. the up and was pretty good at it >> gary: the rest is history. >>louevans.net >>kron4.com check it out ! melissa joan hart on drugs, sex and sabrina. >> does chris brown need rehab? derek avo: at volkswagen we believe everyone deserves a better car. and now, during the "sign then drive" sales event, you're closer to yours than ever. like the turbocharged tiguan the midsize passat or the 34 highway mpg jetta. and every new 2014 volkswagen comes with no-charge scheduled maintenance... ...all for practically just your signature. the "sign then drive" sales event is back. ...and it's never been easier to get a new volkswagen. get zero due at signing, zero down, zero deposit, and zero first month's payment on any new 2014 volkswagen. hurry, this offer ends october 31st. "omg! insider" the top trending stories you need to know. [ screaming ] >> does chris brown need drug rehab or anger management? >> why he's meeting with authorities in l.a. as his family speaks out about the madness in d.c. dancing's derek hough on his sister's blackface controversy. >> did you think it would go viral? >> no. >> kanye on wedding planning with kim. >> i have only two words farce ideas -- fighter jets. >> and nicole kidman, tom cruise confessions for vanity fair as justin timberlake finds out playing with elvis's grand daughter can be a drag. ♪ cory feldman's sexual abuse. >> i was molested by a friend of my father's. >> and melissa joan hart. >> you took ecstasy and made out with a girl. >> drugs, clubs, inside her racy new tell-all. >> i was rolling and coming down when i did that photo shoot. >> now where yahoo! and broadcast meets for 24/7 access to celebrity news, "omg! insider." >> melissa joan hart explains it all. sex scandal and surviving sabrina. hi, everyone. welcome to "omg! insider." >> i'm kevin frazier. let's start with chris brown. his family members are are concerned. l.a. probation officials are concerned. the only person not concerned is chris brown. that could be a problem. are his legal troubles good for business or could they land him in prison? [ screaming ] >> back up! >> we are confident mr. brown will be exonerated of wrongdoing. >> after spending 36 hours in jail, fans went crazy as chris brown left the courthouse. the scene inside more somber as seen in court sketches. >> it was interesting to see him come in. he was calm, relaxed. there he was in leg irons and