bank possibility. that being said i thought he made and the 24 at the aggravated term to make up for getting rid of the gun and had succeeded but nobody protected and that was edited to the lowest turn. >> the gun in hansard and is a peculiar issue for those of us inside that selection, at that particular jury instruction, at that use of the gun. he says, even though it shouldn't have been made for inconsistent verdict in the inconsistency of involuntary manslaughter >> but to heat day it >> no he did, so the jury as he intended to use the weapon that he did not intend to kill them so most people says wait a minute that does not sound squares of the judge thought about that more thoroughly after the trial was over. >> we were saying to the d.a. might appeal >> i was understanding that the judge took that enhancement and he got rid of it totally but he would say then that he should have never got rid of the enhancement and what he is saying that it should apply to the involuntary manslaughter that then would give guidance to all superior courts throughout california and it might also go to the supreme court for the one big decision. >> is there time that the district attorney has to move in a given time for them to design >> guess there's a certain time in which to appeal for the defendant, is 60 days and he has to file notice of appeal within 60 days. but for a leisurely what would you want to appeal this? what you want to open yourself up? you are pretty much walking away from the >> us. they viewed the news conference is about to begin. but as listen in. >> and fire chief gerald simon. we'll take some questions afterwards thank you. >> the evening this is 16 they're the briefing, it is a point to be brief. we do not have a lot of activity that is going on in this city as whole, with two helicopters that checking around the city and we had 24 calls in one is at burglary it related incident and we of roughly 21 of the 50 people in the square and they are peaceful, i just don't buy their rap music is going on and we have people standing in the area and we have a number of officers from a number of agencies walking in the area and greeting people and standing in locations where we have hot spots but what we have done is to identify people that we have arrested in july for being part of the legal disfunction all activity and we have identified them and we are keeping an eye of them that we introduced ourselves to them and let them know that we are aware that they are in the crowd to at the same time and date are not doing anything at this point other than participating and we will allow them to do it as long as they do within an orderly manner. other than that the it city-state's status quo appeared under the questions i can it's >> a for it? (inaudible) >> my name is off the sir anthony batts from the oakland police department and is a pleasure to see a we are aware of you. >> (inaudible) >> i think that was my error, at its 24 before but it is action 26. >> (inaudible) >> now we will take a very light hand coming in and approach unless they are outrageous we are not willing to move in. we are going to allow them to be peaceful until it gets to appoint and if we need to clear the area and are glad to talk to people first and take control of the group but as long as they are at their what we're not stopping in aggress and it is note from to attacks on >>. (inaudible) >> the, well i guess this is not my first real evidence is about 28 years and well it was in my previous position in my city of long beach it took a number of crowd control situations so i, with the well of did before as chief and assistant chief and so we sat down and put our heads together and we are all begin planning as one is sure planned out. we started planning way back in march for july. weak character some of those plans we have been putting quite a while. there's a lot of it pulley at some previous operations that we have put a lot of work into. >> not that we anticipate problems but if there is a problem is there a specific time of day or night that you think you'd be more likely than not to >> where it december 25th. i do not think it i am glad to breathe easy any given point in time because you never know the volatility of what could potentially have been and you know history shows us in this crowd control situations that aid is the powers of darkness that is so much more likely to deal with situations. we're waiting to see what happens. >> does it worry that there have been calls from this rally, this is concerned >> i prefer that they didn't but it does not bother me, they have the right to free speech and and they're responsible and they're like the grandfather of oscar grant's well are the grandfather says " this is the city and the lead here and we have to live here afterwards " i hope those voices are heard a lot louder, much like lasted forever when i pointed out most of the arrests were doing the damage were people that side of the city so if those are voices of people who do not live here and i hope those voices of people that do appear much like they did last time i will over giant or drown at those places and say " you have the right to protest the do not destroy our city. " >> we identify people that we believe, we believe in this point of time about 16 in a crowd, not all 16 it may be identified as last time but a good number of them are people that we have run into and have done damage last men were arrested. >> 21 calls out >> 24 calls. just basic calls, nothing of violence, just keep the peace and basic industry it's nothing >> >> know is probably kind of low for it tonight and it is our result of having all of those officers that which is a good testament that when you have more officers crime drops. >> (laughter) >> any more questions? if not >> what about the coordinators, how you characterize the >> am? i personally not been in it discussion with them a bit of an and cordial and i think that the family had a lot to do with putting this event on and i think that the family is very professional, very supportive of and we have had a good relationship and have continued to have a good relationship at any other questions? >> thank you we will have an expert thing at 630 and you will see their what the continuing schedule before briefings. our point to beat the 10 or 50 people in the plaza so far the activity it has been peaceful and as 16 people in the crowd have been identified as people are arrested or involved in some of the violence that took place when the verdict was annette's back in july. >> in fact your calls than usual where they said two and 50 people milling around and there is a music there are plans that they've begun working on back in march. stay with us ever been able have more on this coverage right after this break. i inherited my father's '69 norton commando. it's been a dream of mine to restore it. and it's my dream for him to finish it. frank has something great to save up for. this is my dad. isn't that cool? and a very understanding girlfriend. i showed him a wells fargo savings account with my savings plan. 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[ male announcer ] wells fargo. with you when it's time to save. ♪ [ male announcer ] welcome to the far reaches of the internet. when you go faster, you're free to go farther. at&t. rethink possible. get high-speed internet from at&t for only $14.95 a month. at&t. rethink possible. joey came over to watch the game when the storm rolled in. 3rd quarter. in through the ceiling. i switched to mercury to save on car insurance, boy am i glad they cover my home too. they fixed the ceiling, replaced the couch, they even cleaned the carpets. wish they would have cleaned this up. you know, like a makeover. save up to 15% when you combine your auto with home or renter's policy. get a fast free quote at mercuryinsurance.com supporters of oscar grant's are holding at peaceful valley it and kron4 news christine connally is that they're joining us live. >> well this rally is not going on since the sent started going down it is granted to under 50 people but i have to say it looks like even more than that against the people trickling and and they're talking about the emotions and i want to pan over and play with the police chief is saying that their officers standing by and they aren't looking to make sure writing is peaceful which has been so far. and as we pan out you can see a lot of businesses that are dark. a lot of businesses in this area have shut down just in case, we can also see some businesses that are boarded up. and you'd see people sitting up on the steps and they're cheering as the lesson to the speaker's there is pictures of oscar grant's and a memorial has been growing there are motions. let us show you now if there are some speakers, and has been a very emotionally charged >> no justice. there was no justice today and we knew that today are comedian >> justice has not been served today. does not stop today. get to keep pushing and keep moving >> i am an american citizen born right here in the united states of america and it could happen to me to. >> kisses not at white on black thing. you killed my baby, he took somebody's baby from that, somebody's father, somebody's uncle, somebody is a cousin. you took them away. >> the rally is supposed to end at 6:00 and they are saying that they really want everybody to remain peaceful and still little while ago i had the business owner that vandalized that the conviction came down and it wanted to send out the message and it is really a place to come. reporting live for city hall and christine connolly. >> i look at our city far as we see cooler forecast and it continues through the weekend. it rain on sunday we'll talk about a coming up in a bit. 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[beep] chase picks up the tab. it could be you. chase picks up the tab. it's another great reason to bank with chase. chase what matters. sign up at a branch today. many of the businesses in downtown oakland are bracing for the sentencing and had a time especially after the rally is turned violent when the verdicts were announced back in july. >> i about two blocks from city hall in there has not been a lot of action but there has been a lot of preparation we can tell you across the street at the bank once the bus is getting out of the way. the bank has been boarded up all day long they were open for business but after the verdict was read it date did it put up a sign that said " due to emergency they are closing down " and other thing they've done is taken in the garbage cans and of the garbage holders the last time there was at right eight started the garbage cans of fires and they have removed them to prevent it from starting again and all lot of businesses closed down earlier in the day or did not open at all on friday and many of the businesses it in storage in downtown oakland had signs posted in their windows telling customers and students that they it would not be open on friday and reopened in on saturday. there are also closing their gate and they did not want to talk including this business owner who's tried to hide her face after shutting the door right after the verdict was read. >> we are showing you those two police officers on broadway, but there has been an number of police officers walking alter this neighborhood and they have definitely increase their patrols in the last couple of hours and they have seen the police and sheriff's as far as monterey and they have been walking in pads of pen and reporting live from oakland and kate thompson for kron4 news >> it for continuing coverage stay with kron4 news at as they continue online. and take your comments on this story. just take your story on kron4 news. com well we have a couple of systems that are going to impact as this week and the first one is travelling with the way do they were in north and the second one you can see is getting arrived here at this door tracker is cutting down to this set up to this that day but in is behind and future caspar 5:00 in the morning and it is heavy rain in the north bay to push past the golden gate and looking at this or injured as indicated very heavy rainfall, a look at the 9:00 hour continues with the rainfall and we're sorry to see it by 5:00 in the morning. it into the afternoon there some areas of scattered showers and most of the rain is going to fall early in the morning so here's what we are going to see, up to three-quarters of an inch of the rain in north bay and up to 1/4 inch on the south bay and santa cruz melons are going up to about 1 in.. a design to be a quick storm and that it will be dry monday and it will stay with us into next week. we are looking at north bay on tuesday as slight chance of rain. in the rest of the we'll be driving cooler conditions expected. >> i live look the side of the commute on the golden gate bridge. heading north bounds it is a bit more sluggish on the west and not too bad where it there is no sign of fog. on is not too bad where it there is no sign of fog. on is coming back them u and tell you where it is oil which live this is kron4 news at 5. >> and our big story at 5:00 tonight, the big sentence saying ofjohannes mehserle this is this seen where they are calling it at light prison term with a former bart police officer was convicted of killing oscar grant's in 2009 and years day and a bed half an hour ago they said planes had been peace and all afternoon and 250 people had gathered at the front was set to discuss their missions about this decision. he had been sentenced to two years in prison and they threw out a gun in handsome in charge. he explained what happened in court today. the judge said his decision to sentence him to two years in prison based on the evidence. they said that they convicted him of involuntar