harrington appeared in front of a judge and charles clifford is live from costa comecon. >> reporter:kron 4's charles clifford is live in contra costa county, where the former officer also charles? >> reporter: contra costa county courthouse in martinez.. without saying a word. harrington had turned himself into authorities earlier in the day and after appearing before a judge in the afternoon... he was released on bail. he did not enter a plea. >> reporter: he did not he's facing two felony counts of and also on authorize access of a computer for allegedly downloading private photos of the self old of women he had arrested for drunk driving. >> reporter: his attorney spoke to the media monday and is he says that his client is apologetic for one happen. cabbies really embarrassed team questions why he would ever have engaged in this this behavior himself >> reporter:harrington is facing two felony counts of unauthorized access of a computer for allegedly downloading private photographs off the cell phones of women he had arrested for drunk driving. >> reporter:harrington resigned from the highway patrol last week after the allegations became public. his attorney, michael rains, did speak to the media on monday. he says that harrington regrets his actions, that he has apologized to the victims in this case. according to rains, harrington took the them to friends.. a decision he now regrets. >> reporter: back now live here it is fixed schedule to november 14th in court. also on monday, the contra >> catherine: burse service between pleasant hill and they point presumed to around 12:00 today after being shut down for three hours. >> reporter: that was the first sign that something was not right watcher hearing is the audio recording between a controller and operators. >> reporter: the north concord on one side the running rebels disappeared. >> reporter: at 846 you could hear an employee radio and the grim findings. >>: the individual does appear to be deceased. >> reporter: the trend is figure out how and why this person fell was on an elevated track. >>: will we know right now but for 20 2:00 a.m. the citizen reported to police they saw somebody walking on the track way way bar police did find due to inspections and nothing was found at that time. >> reporter: after investigators searched the tract for close nor the identity of the person has been released. >> catherine: will bust bridge was set up to accommodate the people that were stranded. tabby's some of them were not happy about what happened. the ticket tax the boy was way too expensive >>: migrate to be sixth affected because of missing school. >>: had a job interview automobile late not to reschedule. i have two children. >> catherine: art film implies some point has been shut down for three hours. >> catherine: in california the polls open tomorrow at 7 in this a few big issues on the ballot. >> catherine: boater turnout is not expected to be high probably less than 50%. >> catherine: 10 scarry is trailing by 18 percentage points. >> catherine: the highest statewide race is for the super intended of public instruction and comet thomas facing marshal talk the latest field poll shows them in a dead heat. >> catherine: measures and to balance for two cities is measuring a soda tax. >> catherine: there still is following this story. >> reporter: coke's sprite pepsi and you name the soda you will soon be paying more for the sugar charivari drink. >>: >> reporter: in san francisco there's a proposal to charge an additional 2% in tax on the soda. >> reporter: small-business owners in both cities were quick to give their thoughts on the matter. >>: i think they should not do it is gonna be crazy we gonna is gonna really hurt our business. >> reporter: 20¢ dec and 40 taxed in san francisco. >>: wire the going after us in the middle class and the poor people cannot afford it. >>: i don't like the government telling me you gonna pay an extra 50¢ for for minnesota. >>: i anemometers could the bills to our registered with and be collecting a quite a bit additionally from our customers. >>: if you have time to die diabetes' this is a serious impact. >> reporter: us straight majority would be needed important in order for to pass here in. >> catherine: there are two other wagers that boaters have to decide on for the minimum wage. >> catherine: it can happen by 2018 increasing the minimum wage to $15 per hour. >> catherine: measure as aft would raise the minimum from nine to 1225 an hour in oakland starting in march. >> reporter: now looking at what the national polls are predicting for tomorrow's vote. >> reporter: democrats democratic candidates have been scrambling to distance themselves from president obama because of his low popularity. >> reporter: democrats were given a 60% 60% chance of maintaining the senate. and it's been downhill ever since. >> reporter: as of today the damson down to a paltry 25 percent. >>: and do the things the them attract democrats will retain will retain the majority. >> reporter: a lot of the blue states will turn is expected to turn to read states. >> reporter: republicans are ahead in alaska montano ohio. >> reporter: the polls are right nast's not a guarantee the be 47 different democrats and 53 republicans. >> reporter: their few senate races but plenty of propositions on the ballot. >> reporter: a coverage begins at 8:00 when the polls close on the west calls. >> catherine: another nose run the park police are looking for a man that assault to the one the. >> catherine: she was walking along cold cold copal increase passed early saturday morning and a man out in his late 40's with brown hair and beard and tattoos and all of a tattoo on his left inner or arm a salter. >> catherine: a former cub scout leader was cents to 40 years in prison for sexual acts with a minor. as for eurofranc a pled no contest to all in august to five felony counts involving a buoyant prosecutors say some of the incidents happened in lee's generals a home. >> catherine: heavy hearts and the greater sacramento area tonight where thousands of people paid respects to a deputy the was killed in a line of duty. >> catherine: some dan oliver was one of two officers that were killed. >> catherine: he cared deeply for his community prosecutors filed murder charges against to utah residents and the debts of all michael davidson jr. also. >> catherine: will was no joke but was a halloween trick what they sounded mix them with halloween candy. >> catherine: the plants station when i get built after all. >> catherine: she recently found that she does have weeks the lives of how the student athlete performed and what could be our final game. >> catherine: drivers are forming lines to fill up with the low gas prices. >> reporter: things about a warmup in the coming days and will take a look that next ♪ ♪ thank you! thank you! dedicated bankers born to go the extra mile. you've been such a big help. it's what i like to do. so you can choose a bank where helping people comes first. chase. so you can. hey john,whoa!k it out. yeah, i was testing to see if we really can turn any device in your house into a tv. and the tablet worked just fine. but i wanted to see if the phone would work as well. so i shrunk sharon. every channel is live just like on tv. but it's my phone. it's genius. shh! i'm watching tv. tiny sharon is mean. i'm right here. watch any channel live on any device around your home. download the xfinity tv app today. >> catherine:police in hercules say a father found illegal drugs in his 8 year- old son's bag of halloween candy. >> catherine:the father told officers he took his son trick or treating on halloween night in the promenade area of hercules. >> catherine:police tested a sample of substance and it tested positive for methamphetamine. >> catherine:police are now asking all parents to conduct a safety check of their children's bags of candy to make sure they were not given any illegal drugs. >> catherine:if you've bought gas recently - you were probably happy to see how low prices are getting. in fact - they're at an almost 4- year low. >> catherine:even so - some people are still busy looking for the very cheapest places. kron 4's annie andersen found a station where gas is well under 3 dollars a >> catherine: >> reporter:wth people shelling out big bucks to fill up. smiles aren't very common at gas stations. >> reporter:but monday at the gas and shop on the corner of mckee road and 33rd street in san jose they were all around. >>:"because the price. did you see the price? it's awesome." >> reporter:unleaded gas was just 2.85 a gallon. a big change from where it was just a few months ago. many who stopped by the gas excited about their savngs. >>:"before 80 dollars, so i'm hoping it's going to be cheaper." >>:"everytime just to fill it up, 50, 60 dollars. right now it's not that much. it's only about 25, 30." >> reporter:so how are people planning to spend their savngs? >>:"probably go to walmart." >>: groceries." >>:"that, i don't know. we'll still find out." >> reporter:gas prices are historically low before elections. that's why some people chose to fill up on monday. >>:"i'm apprehensive that the prices will go back up after the election. like maybe wednesday, they'll shoot back up. >> reporter:that said this customer is "i hope they go down even lower and hope they last forever." according to triple a. prces are expected to keep going down. about another 15 cents. and stay down through the holiday season. in san jose annie andersen kron 4 news. >> catherine: a special section on kron-4 dot com. there's an interactive map cheapest gas - near where you live. >> catherine:proposed fee increase at muir woods national monument and other park areas >> catherine:marin county, ca- the exploring increasing entrance and other fees at the country as the agency prepares for its 100th century of service. as part of this service-wide action, golden gate national recreation area is considering increasing fees within the national park >> reporter: tonight were gonna keep it clear to select less time consuming some 40's even thirties around the bay area. >> reporter: unbuilt little warmer and will keep them warm trend going during the week. >> reporter: a stickler look at satellite pictures white picture you will see a storm passing us to the north. >> reporter: even some rain up near eureka. the storm will be driven to the north the will keep a stridor and warmer. >> reporter: the overnight low is gonna get chile in the '40's low fifties in san francisco,. >> reporter: 72, and mountain view concert 73 in san jose. >> reporter: 72 in hayward, 74 and '70s in oakland and for the north bay. >> reporter: continued warming into wednesday in the upper '70's up through much of the bay area. >> catherine: 6 still have the tight races for the two of the city's. >> reporter: body metrics is an ambitious exhibit of in the science museum coming up will give you a preview. >> gary: coming up a little bit later in this broadcast said chances center bill coming up >> gary: some hardball record-setting and reappear it >> catherine: giants victory parade is gonna be run be showing it again sunday at 7 followed by kron 4 news a day. >> reporter: tech reporter place late amid the san jose museum here it where they are introducing new technology. >> reporter: as the first of the sky visitors to the museum is getting an affirmation about their physical and mental health. >> reporter: and i caught touch is running a special act you could just where the red deer run the museum. >> reporter: when you place your bipod touch on the interactive data put table you can learn about your physical and mental state state >> reporter: to see when you read most peas we stressed out your balance your posture your physical condition and you and also measures when you how you feel when people are crowding you. >>: small children are having a fantastic experience in the older. older people are intrigued and how the and says how the experience this kind of magical. >>: is kind of an amazing experience. >> catherine: sit still ahead the highly anticipated bart station that could be cut. >> catherine: analyst alex from target unwise to blow it up on a sweater. >> reporter: people behaving badly! ♪ ♪ [ male announcer ] follow your joy to a celebration like no other. start your new orleans holiday at followyournola.com. >> catherine: ahead at eight. bay area woman diagnosed with brain cancer. medication to end her life. >> catherine:the funny story of how this man wound up in santa cruz police custody -- and earned a place in the internet's heart. >> catherine: election. candidates for >> reporter: the temperatures are starting to drop low fifties will have a chilly night now have more on that for the weather tomorrow and do the through the week. >> catherine: tomorrow is election day of course. >> reporter: several candidates are doing a final push to get every vote they can. >> reporter: best right polls open up and fewer than 12 hours. >> reporter: were canada's one sell themselves to the commuting and boating public. >> reporter: their three contenders for the office of mayor. they said that this is the best bird station to get their message across. each kent will need every vote they can get with the first second or third place. as a wide open race. >>: with that incredible response from people. we have supporters out talking to voters. very poor and that the people turned out to vote tomorrow so that we can have this opportunity to improve the future of oakland. >> reporter: so lot of voters that have not decided who the good of all for think all the canadas' are doing their best to contact all the potential voters. >>: is a very close race in the competition between the 45 of us and everybody has a chance. everybody will be fighting for every voter. try and get convince people to vote for them. >> reporter: and of course mayor jean qualm was out campaigning today chose to do of that handshaking downtown oakland. >> catherine:stay the course -- or vote for change. >> catherine:that appears to be the choice for san jose voters tuesday - as they pick a new mayor. the two candidates are familiar faces in local government. >> catherine:dave cortese is a county supervisor. sam liccardo is a city councilman. >> catherine:they appeared together recently at san jose's tech museum. safety would be a top priority.and both have >> catherine:promised to put more policewe asked them to explain the biggest differences in their respective campaigns. the next mayor will have his work cut out him. >>: think the biggest differences experience. people have to sit down and think about who they trust. someone like me this been through here for 22 years and balance the budget on. people are gonna move towards experienced as the major criteria for us. solving those public safety crisis gonna take experience. >>: we need this fiscal forms in order to increase police. that created a bill $3 billion debt today because of the fact they could find funding. we created billion dollar obligation that no one had the money to pay for. >> catherine:the san jose police department has about a thousand officers -- which is about 400 fewer than in 2008, >> catherine:we will be watching the votes as they are tallied tomorrow. and have full election coverage. as soon as the polls closed. on kron 4 news at eight. >> catherine: >> reporter:at the intersection of westborough blvd and olympic drive in south san francisco sits a stop sign that has a unique job, its sole function is to get drivers to come to a halt and proceed when safe >> reporter:however this lonely stop sign has its work cut out for it because a lot of people completely that red octagon with white letters to the point it might as well be a yield sign. >> reporter:now before we get started on the bad behavior i want to point out that some drivers are behaving nicely by coming to a complete stop that said it's not hard to find numerous drivers doing the california stop while making the left hand turn withi by the way is still illegal >> reporter:then there are drivers that think the stop sign is an acronym, for slightly tap on pedal >> reporter:now the traffic coming east on westborough are coming at a pretty good clip so a stop sign here is warranted not to mention the occasional pedestrians crossing in the same area >> reporter:so if drivers would take a brief second to stop and look before proceeding it would make this intersection a little bit more safer >> reporter:however with t e sheer amount of drivers ignoring that stop sign it makes for a very dangerous location in south san francisco >> reporter:not only are driver ignoring the stop sign .watch what how this cabby ignored the two no u- turn signs as well and even waves at the camera . priceless >> reporter:now the reason why im even here is because a viewer called and complained about the amout of people making running that stop sign >> reporter:and believe it or not, me just showing you this has outraged some viewers, not because the drivers are behaving badly, it's because i'm showing the drivers behaving badly go figure! >> reporter:oh well it is what it is, hey south san francisco pd if you wanna go back there and see for your self, let me know i would love to talk to some of the driver actually stop >> reporter:even if it's only for the flashing red and blue lights >> reporter:in south san francisco stanley roberts kron 4 news >> catherine: >> catherine:how a single photo. taken inside a target store and posted on instagram. turned a teenager into a trending >> catherine: got to suit up and play in her first college game. before cancer claims her life. >> catherine:the plans have been in place for years. through. >> catherine:the bart stations which may never materialize -- despite all thection underway. >> reporter: clear skies tonight will take a look at the chilly tempera making coffee? yeah, enough for two. gosh. try four, buddy. hmm, i'll take a dark roast. chai tea, please. honey, text the man what you want. french vanilla, make it strong! the all new keurig 2.0 is here. brew for one, brew for all. >> catherine: the san jose line is running into problems. >> catherine: a lot of people are happy about this alicea pay >> reporter: the putting this information out there so commuter carriers will know that there's basically is not enough money to finish the project try to do everything they can to make sure that it is done. >>: were disappointed and with feeling betrayed. >> reporter: david vieira is looking forward to the bart station that should of been built. >> reporter: he said it would have garnered thousands of jobs but that may not happen. >> reporter: this city now has 1.8 billion from a program but even then there will be enough to build a to station project will cost over $3 billion or four station project will cost over $5 billion. >> reporter: they have to come up with a plan that works. >>: the government will look get things fettered have an economic impact. what is the riders ship projection of those will be effected and as we submit. next year will look at what would be the best qualified projects for federal funding. >>: why is it being thrown aside because the arrest of federal money that's true but it's the right thing to do should you go after the money to finish the job. >> reporter: of this is not just up to the federal government taxpayers a gonna have to figure out a way they're gonna have to agree to another cat tax to get more money to get the project started. >> reporter: and need to find out how much people are willing to pay to get the project completed. >> catherine: she said she would do it and she did 29 your britain remainder ended her life saturday night. >> catherine: it has us think about her wishes to die with dignity. >>:, family still proud of me and the choices that have made. >> reporter: remain there was a young newlywed who soon discovered ship terminal brain cancer. >>: this is what happens when you really get sicker and sicker. >> reporter: this is not the usual face in the right-to- die debate. some of us may still associate with dr. jack kevorkian and his suicide machine for elderly terminal patients. >> reporter: people but this know her and understand her painful decision . >>: is not my job to tell how to live in is not my job to tell right-to-die is my job to love her through it. >>: >>: >> reporter: removed organ were the laws allow her to take prescription the drugs to die at the time of her choosing. >> reporter: die with her mother and her husband never side. >> reporter: 5 states legally back the right to die. >> reporter: several states including california have failed that. - ( helicopter whirring ) - ( roars ) ( siren wails ) ( pop music playing ) ♪ when you're ready ♪ ready, ready, ready ♪ come and get it ♪ get it, get it ♪ when you're ready, come and get it ♪ ♪ na na na na ♪ na na na na na na na ♪ ♪ when you're ready, come and get it ♪ ♪ na na na na... female announcer: it's a great big world and it can all be yours. here and only here. ♪ come and get it. >> catherine: people are talking about alex from target. somebody took a picture of alex the works at a target store and posted it and that thing took off. >> catherine: people reposing it he's real popular he's an internet sensation. a lot of people are trying to find out exactly who he is. >> catherine:giving the "hot felon" a run for his money. the new mugshot causing a social media sensation. >> catherine: is accused of attacking somebody at a halloween party in santa cruz's name is sean connery the hotshot mug shot went viral. >> catherine: >> reporter: agora to state today temperatures and low 60s and low 70's. >> reporter: were looking at the day planner for tomorrow morning could be pretty chilly then will foxy this set '70s later in the day. >> reporter: with the high cloud coverage right now continuing it will be fewer tomorrow as a storm tracks north. >> reporter: high pressures and a build of the coastal waters. tomorrow will have a little bit of the high cloud coverage so chilly overnight in the 40's now 38 theresa start the day. >> reporter: low '70's in the south bay, 74 in santa clara and los gatos. >> reporter: 73 in castro valley, upper 60s in ocean beach. >> reporter: low seventies for the north bay. a little warmer out there tomorrow map for the rest of the work week. >> reporter: 60 that the coastline would start the cooler slightly into next week >> gary: a k again every by people wanting year bought the giants were this a big dealer now. >> gary: cobbles and above a qualifying offer which nobody six sacks. the giants signed the deal $50.3 million. >> gary: the talking about 100 million sand fall 26 hits this postseason and that will be the no. 1 offseason deal for the giants bring him back. >> gary: unless the boston red sox come men and blows the jaunt giants out of the water. five years on unfamiliar will probably get it done. >> gary: everybody's talking about the parade how well it went to etcetera etcetera. drakes the sf p.m. chief asked if he could ride a horse in the parade. and then if they can't we just get a picture of you without risking your valuable less shorter shoulder just in case the horse gets while. >> gary: their indomethacin baumgartner mounting a horse. >> gary: big hit in tampa and he probably be greater in chicago. >>: bartender birkie appear. bill says a have one round one round is on me please. as a shot and a beard as the hazleton way. >> gary: as not to some clown he was a lot a lot of games and tampa bay. >> gary: this is possibly the gotta get and rollins. >> gary: denied football wasn't much just outside new york city. >> gary: andrew lots probably the best quarterback in the game right now. >> gary: team why hilton 354 yds for touchdowns and no interceptions just a couple of seconds left 40 the 24. >> gary: the other giants are feeling good at the 49 game yesterday and the rams just went to work on a battered severance this goal. >> gary: the tyson's career high eight times or three seconds left fumbles of the challenge. evidence is not conclusive as they left the place stand the game ends 13 attend hardball. >>: there is a lot of fingers that are pointing unsure were not gonna be concerned about that. >> gary: normally kept and thus more routine in show business do something do not so sorry form he played very poorly. >> gary: my thing is show personality and when u.n. but they were so bad and i think there's something going on upstairs with harbaugh and the front office. >> gary: and winning is the best deodorant if u.n. this doesn't matter what's going on but we lows this could be the beginning of the end. >> gary: for a great coach to combined somewhere else but forty-niners may 1st ago in a different direction. >> gary: personally hollywoodish show off for about five minutes with the rest of the time i don't want anybody bothering me or critiquing me. >> gary: to that kind of felt sorry form of when it did 12 minutes chile did 11. >> catherine: coming up next we have a very inspirational story. >> catherine: 90 year-old lauren as as we still live because of an opera old brain tumor 190 laurent. >> catherine: nearly 10,000 people came to cheer her on to score the first and last baskets of the game. >>: and a planet being my last game and even if some in a wheelchair and still gonna try to be there with my team and support them, they've always been there to support me. >> catherine: the game's been moved up a few weeks of the show be healthy enough to play. >> catherine: 6 as his been told she is just amazing and she's got to learn 25,000 hits on is to cram. >> catherine: sees very amazing. >> reporter: warmer than today and as a warmer and this could get warmer into wednesday's and not gonna be a bad weekend all thanks everybody have been hey john, check it out. whoa! yeah, i was testing to see if we really can turn any device in your house into a tv. and the tablet worked just fine. but i wanted to see if the phone would work as well. so i shrunk sharon. every channel is live just like on tv. but it's my phone. it's genius. shh! i'm watching tv. tiny sharon is mean. i'm right here. watch any channel live on any device around your home. download the xfinity tv app today. (male announcer) in the criminal justice system, sexually based offenses are considered especially heinous. in new york city, the dedicated detectives who investigate these vicious felonies are members of an elite squad known as the special victims unit. these are their stories. [door squeakingor squeakin] [muffled gasp] obey me, or die.

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