SF News

Tree Falls Onto Russian Hill Home; No One Injured

A tree fell onto a home in San Francisco's Russian Hill neighborhood this morning, a fire department spokeswoman said.

The incident was reported at 7:23 a.m. on Lurmont Terrace, a small street just south of the famed crooked part of Lombard Street, fire spokeswoman Mindy Talmadge said.

The top of a tree about 3 feet in diameter fell onto the roof of the house, Talmadge said.

No one was injured, she said.

Firefighters left the scene by 9:14 a.m. but crews from PG&E and the city's Department of Building Inspection remained at the scene late this morning, Talmadge said.

 

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Man Fatally Shot In Hayes Valley Identified

A man who was fatally shot in San Francisco's Hayes Valley neighborhood on Tuesday has been identified by the medical examiner's office as 24-year-old Byron Beasley.
The shooting was reported at about 7:50 p.m. in the 700 block of Grove Street.
Officers arrived to find a man, later identified as Beasley, suffering from gunshot wounds to his torso and leg. He was taken to San Francisco General Hospital, where he later died, police said.
No arrests have been made in the case, police spokesman Officer Albie Esparza said.
Anyone with information about the shooting is encouraged to call the Police Department's homicide detail at (415) 553-1045, the anonymous tip line at (415) 575-4444 or to send a text message to TIP411 with "SFPD" in the message.
 

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Free Muni Rides Offered On Dec. 28 For Centennial Celebration

To celebrate 100 years of San Francisco Municipal Railway service, rides will be free on Dec. 28.

On that date in 1912, Muni started its operations at an opening day ceremony at Geary and Kearny streets.

To commemorate the centennial, riders on the system's buses, Muni Metro lines, above-ground streetcars and cable cars will be treated to a free ride.

Muni is celebrating its 100th birthday in various ways, including by having historic streetcars traverse the city throughout November. A cable car built in 1890 was restored for the centennial.

This month, a program about Muni's 100 years since its inauguration by then-Mayor James Rolph Jr. in 1912 will be shown on SFGovTV.

Muni officials considered charging a five-cent fare on the anniversary because that is what riders paid a century ago, but instead are showing passenger appreciation by letting residents ride free.

 

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Police Launch 'The Line-Up,' Ask The Public For Help In Catching Criminals

San Francisco police have launched a crime prevention tool called "The Line-Up," which encourages public involvement in helping solve the city's crimes.

Each week, the Police Department will release one video of a suspect involved in criminal activity. Police urge the public to watch the videos and, if they recognize the suspect or have information about the crime, to contact investigators.

A police detective's contact number will accompany each video. Tipsters can choose to remain anonymous.

The videos can be seen by visiting www.sanfranciscopolice.org and clicking on "The Line-Up" at the bottom of the screen.

 

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San Francisco Bay Area Wednesday Morning News Roundup

Berkeley: Biker Fatally Shot Tuesday

Police are investigating the fatal shooting of a man on a bicycle in Berkeley late Tuesday night.

Berkeley police received a 911 call at 11:36 p.m. reporting a fallen bicyclist near Longfellow Middle School at 1500 Derby Street.

Upon arrival at the scene, police discovered that the male bicyclist had suffered at least one gunshot wound. He was pronounced deceased at the scene, police said.

The incident is being investigated as a homicide. Police have not released suspect information or a possible motive for the shooting.

OAK: Man Charged with Kidnapping, Raping At-Risk Teen

A man arrested Sunday in the case of a 16-year-old at-risk girl who walked away from an Oakland group home has been charged with kidnapping her, holding her in his San Francisco home and raping her repeatedly, authorities announced Tuesday.

Gary Steven Atkinson, 36, was arraigned Tuesday on charges of kidnapping, three counts of rape of an incompetent person, three counts of lewd acts upon a child, and one count of an attempted lewd act upon a child, according to the Alameda County District Attorney's Office.

"This is by far one of the most sickening cases I've seen in my career -- to take advantage of someone of this stature," Oakland police Chief Howard Jordan said at a news conference Tuesday.

The girl, who is autistic, walked away from the Fred Finch Youth Center at 3800 Coolidge Ave. on the night of Nov. 27. Staff followed her until they lost sight of her near the corner of 34th Avenue and International Boulevard, near the Fruitvale BART station.

The staff then alerted police that she was missing.

Police said the girl has the mental capacity of a 9- to 12-year-old.

According to a probable cause statement filed with the district attorney's office by Oakland police Officer Alonzo Weatherly, the girl was kidnapped near the BART station and taken to a residence in San Francisco where she was held and raped multiple times over a three-day period before she managed to escape.

A San Francisco Municipal Railway train operator found her Thursday night, "disoriented and very scared," Oakland police Lt. LeRonne Armstrong said Tuesday.

But the girl was also "resilient" and managed to assist investigators in finding her attacker, Armstrong said.

Police distributed a photo of the suspect obtained from surveillance cameras at the Fruitvale BART station, and arrested Atkinson at about 9 p.m. Sunday near the corner of 34th Avenue and International Boulevard, near where the alleged kidnapping occurred.

Atkinson has previously been convicted of several felonies, including burglary, robbery and assault with a deadly weapon. He is due back in court today.

Martinez: Board Votes to Delay Vote on Fire Station Closures After Hours of Discussion

The Contra Costa County Board of Supervisors voted Tuesday to delay a decision on whether to shutter four fire stations after the failure of a parcel tax measure meant to avoid the closures.

Contra Costa County Fire Protection District Chief Daryl Louder advised the board that the closures are necessary since the district has burned through its reserves.

The recommendation comes a month after voters rejected Measure Q, a $75 annual parcel tax designed to close the fire district's $17 million deficit.

The chief's recommendations are to shut down four of the district's 28 fire stations -- a drastic but necessary move to cut costs after Measure Q failed to attain a two-thirds voter majority, he said.

If approved, the stations located at 700 Hawthorne Drive in Walnut Creek, at 6500 Center Ave. in Clayton, at 1240 Shell Ave. in Martinez and at 4007 Los Arabis Ave. in Lafayette are set to close in January.

The chief said those stations were selected based on call volume in those areas and the amount of fire risk to the surrounding communities, among other factors.

The stations to close would create the least impact on the fire district as a whole, according to his calculations. At the start of the meeting, attended by dozens of off-duty fire personnel, firefighter Vito Impastato told the board that he and his colleagues would continue to provide the highest level of service possible, regardless of station closures.

"We take great pride in that trust that the public has given us...we're here above all, to serve," he said. "We know that station closures sting, but rest assured, we will rise to the occasion."

Ultimately, the board voted to postpone the vote on the closures until next Tuesday, asking the chief for more information about costs, benefits and possible alternatives to shutting down four fire stations before making a final decision.

Board members and the chief agreed that the closures are meant to be a temporary fix, and that the stations should reopen in five to ten years when property tax revenues are likely to increase and the district has had time to recoup its losses. Louder also stressed that shuttering the stations is a last resort.

"We're at a juncture where we don't have an awful lot of options available to us," he told the board.

SF: Blogger to be Arraigned Wednesday After Taking Photo of Supe in Bathroom

San Francisco District Attorney George Gascon Tuesday chided a local blogger who is to be arraigned on disorderly conduct charges today after allegedly taking a photo of Supervisor Scott Wiener in a City Hall bathroom in October.

Gascon, speaking to reporters at an unrelated event Tuesday afternoon, said the behavior of blogger and gay rights activist Michael Petrelis was "very, very inappropriate."

Petrelis allegedly snapped the photo on Oct. 26 after encountering Wiener in a second floor bathroom at City Hall and posted it on his blog the next day.

Below the photo, Petrelis wrote that he tried to take a photo of Wiener as he stood at a urinal but the time it took for his camera to focus gave the supervisor "enough time for him to put away his wiener and zipper up."

Petrelis wrote, "The only photo I caught was of him grabbing his toothbrush from the wash basin. He sighed heavily and with exasperation having to not only have to interact with me, but in a restroom and with a camera going off."

Petrelis eventually wrote in a later post that he surrendered to sheriff's deputies on Nov. 29 after a warrant was issued for his arrest.

He is set to make his initial appearance in San Francisco Superior Court this morning to face the misdemeanor disorderly conduct charge.

Gascon said that he wants "to make sure we send a message that that type of behavior is not accepted ... it completely trespasses the social boundary of decency and good sense."

He said, "It is OK for robust political engagement, it's OK to disagree ... it is not ok to invade people's privacy in a way that occurred in this particular case."

Petrelis and Wiener have had several political disagreements, including over a nudity ban authored by Wiener that just received its final approval from the Board of Supervisors Tuesday.

Wiener Tuesday declined to comment on the case but referred reporters to a written statement he provided to the sheriff's department in the days after the incident.

The supervisor said in the statement that Petrelis "has a history of inappropriate and harassing behavior" and "has yelled at me in public before as a result of our political disagreements."

Santa Clara: County Auditor Says Supervisor Shirakawa Must Repay $12,722 in Wrongful Credit Card Charges

Supervisor George Shirakawa must repay the county $12,772 in expenses he wrongly charged on his government credit card, the Santa Clara County Controller-Treasurer Department reported Monday.

The county's Finance Agency, after auditing 240 charges Shirakawa made his procurement card, or P-Card, from 2009 to 2012, found that he had failed to comply with county rules on using the card for personal expenses, travel, charitable donations and business meals.

In its review of $36,837 in charges the supervisor placed on the card, the agency said Shirakawa violated the county's travel policy by upgrading the class of rental vehicles without justification, overcharging for hotel rooms and not turning in expense receipts.

Shirakawa, who represents part of San Jose, also charged taxpayers $10,354 for 174 business meal transactions without providing itemized receipts as the county requires, the audit found.

"In numerous instances, the county-issued P-Card was used to pay for the cardholder's personal expenses, pay the registration fee of a political event, donate county funds to non-profit entities without (approval), or to purchase items that are either strictly prohibited or restricted under various county policies," the agency reported in its audit released Monday.

Shirakawa, however, disputes the allegations, posting on his website that he had reimbursed the city for charges made by mistake or made upgrades using personal funds.

Some receipts and copies of checks accompanied the response as evidence.

The county auditors said that Shirakawa must reimburse the county $12,772 in donations to charity and other unapproved charges on the procurement card.

The Controller-Treasurer Department said it would also perform a detailed audit of expenses charged by people working for Shirakawa in his District 2 office over the same period it reviewed the supervisor's expensing.

Orinda: Three Firefighters Injured in Crash Out of Hospital, Driver in Critical Condition

Three firefighters involved in a crash on state Highway 24 on Sunday are home from the hospital and recovering from their injuries, Moraga Orinda Fire Chief Randy Bradley said Tuesday.

Around 9:25 a.m. Sunday, firefighters responded to a non-injury report of a blue Chevrolet S-10 colliding with the concrete center divider on eastbound Highway 24 just past Wilder Road in Orinda, fire officials said.

The crash triggered a second crash between a tan Toyota Corolla and a silver Honda Civic, which ended with the Civic being pushed into the Chevrolet.

The Corolla stopped on the right shoulder of the freeway, according to CHP Sgt. Scott Siria.

Fire crews arrived on the scene and stopped in the two right lanes, and then the driver and passenger from the Corolla got into the back of an ambulance, Siria said.

A burgundy Acura Legend then spun out of control and crashed into the stopped fire truck, before stopping in the right lane, near the Corolla. Fire Capt. Michael Rattary, firefighter paramedic Kelly Morris, and veteran firefighter Stephen Rogness were off the shoulder interviewing the driver of the vehicle when a Chevrolet Tahoe lost control, struck the Corolla, pushing it into the driver, and rolled into the three firefighters, Siria said.

All four were transported to John Muir Medical Center, officials said.

Rattary and Rogness were released from the hospital on Monday, and Morris was released Tuesday, Bradley said.

Rogness is expected to undergo surgery on his foot later this week, the chief said.

The driver that was struck remains in an intensive care unit in critical condition, Bradley said.

The chief said he and his colleagues are grateful that the firefighters are recovering and appreciative of the community support it has received over the past few days.

On the heels of the near-fatal crash, Bradley said he and other district officials are focusing on enhancing their policies and procedures to "see if we can prevent this from happening again."

Redwood City: Man Accused of Causing Fatal Hit-and-Run in San Mateo Pleads Not Guilty

A man charged with causing a fatal hit-and-run collision at a San Mateo bus stop last month pleaded not guilty to vehicular manslaughter Tuesday.

Wearing glasses and orange jail clothes, Josue Lopez, 26, appeared in San Mateo County Superior Court and entered his plea through an interpreter.

Lopez has been charged with one count of vehicular manslaughter and one count of hit-and-run in connection with the Nov. 24 collision that killed Reynaldo Aguiniga, 67, of San Mateo, District Attorney Steve Wagstaffe said.

Witnesses told police they saw Lopez driving recklessly out of a Kmart parking lot on Delaware Street with his five-year-old child in the back seat, according to the district attorney's office.

Aguiniga was standing near a cement garbage can and a bus stop, according to police.

Prosecutors said that Lopez lost control of his vehicle, which jumped the curb and struck the cement container near Aguiniga.

The container was pushed off its base and crushed Aguiniga against a tree, police said. According to witness statements, Lopez got out of his car and looked at Aguiniga before fleeing the scene.

The victim was taken to a hospital where he later died.

A description of the vehicle and a partial license plate number led police to Lopez, who was arrested at his home later that same day.

There was no indication that drugs or alcohol played a role in the collision.

Lopez remains in custody on $250,000 bail and is due back in court for a preliminary hearing on Jan. 31.

Alameda County: Drone Proposal Sent to Supervisors Committee

A proposal to buy a drone for the Alameda County Sheriff's Office was sent to a committee for further study Tuesday after the American Civil Liberties Union and other groups raised objections.

Sheriff Greg Ahern has said that the drone, which he prefers to call an unmanned aerial system, would be used for search and rescue missions, tactical operations and for responding to disasters, fires and hazardous materials incidents.

But Will Matthews of the American Civil Liberties Union of Northern California said the ACLU has obtained documents showing that sheriff's officials also plan to use the drone for surveillance and intelligence-gathering purposes.

The Alameda County Board of Supervisors was scheduled to vote Tuesday to accept a $31,646 grant to help pay for an unmanned aerial system but the matter was referred to their Public Protection Committee for a hearing in January so that there's more public input.

Matthews said, "To Sheriff Ahern's credit, he realized that it needs more discussion before it goes forward and asked that it be pulled from the agenda."

Sheriff's spokesman Sgt. J.D. Nelson said Ahern will draft a policy to ensure that a drone wouldn't be used for random surveillance.

However, Nelson said the sheriff's office would like to use a drone for situations in which there is a barricaded suspect and other missions for which there would be a specific purpose instead of random snooping.

The $31,646 grant is part of a larger $1.2 million Department of Homeland Security grant to Alameda County dispersed through the California Emergency Management Agency.

Matthews said, "We believe that there should be a robust conversation about safeguards" before an aerial system is approved.

He said other groups who are concerned about the aerial system are the Electronic Frontier Foundation and a new local coalition called Alameda County Against Drones.

SJ: Two Men Sentenced to One Year for Illegal Street Race that Killed Woman

After hearing a plea for leniency from the victim's family, a judge Tuesday sentenced two men to one year in county jail for engaging in an illegal street race that killed a 23-year-old San Jose woman in 2011, a deputy district attorney said.

Santa Clara County Superior Court Judge Rene Navarro sentenced Vincent Mergonoto and Chandra Purnama to a year in county jail instead of state prison after reading a letter from the victim's family requesting a lesser punishment, Deputy District Attorney Michel Amaral said.

The judge considered the wishes of Ashley Nicole Krieger's family, who had bonded emotionally with members of Mergonoto's family during mediation of a civil case brought by Krieger's survivors, Amaral said.

Mergonoto, 20, and Chandra, 26, were sentenced after being convicted for vehicular manslaughter in the March 20, 2011, crash at the intersection of Kiely Boulevard and Butte Street in Santa Clara in which Krieger suffered fatal injuries.

After an investigation, the Santa Clara Police Department brought evidence to court showing that the two men had been racing illegally northbound on Kiely Boulevard at about 10:55 p.m., Amaral said.

Police said that Mergonoto, of San Jose, was driving a black Mercedes Benz and Purnama, of San Francisco, a yellow Chevrolet Corvette before Mergonoto slammed almost head-on into Krieger's black Honda Civic.

Amaral said that prior to the collision, Krieger had pulled out of a parking lot and made a left turn onto Kiely as the two men raced toward Butte Street.

Mergonoto apparently saw Krieger's car and had he continued forward he probably would have missed Krieger but while attempting to turn away he ran into her at a speed of between 80 mph and 88 mph, Amaral said.

Santa Clara police studied the crash and gave the prosecution "one of the best recreations I have ever seen" that made it "a dead bang case" and helped lead the defendants to plead guilty, Amaral said.

The question came over the length of the sentence and whether the men should serve time in state prison while the civil case by Krieger's family proceeded to mediation, he said.

The mediation ended with an undisclosed monetary settlement paid by Mergonoto's family, Krieger's family then asked the judge for leniency in sentencing and the judge complied by sending the men to county jail, Amaral said. 

San Francisco Bay Area Morning Weather Forecast 

Rain is likely in the Bay Area this morning, with showers in the afternoon.

Highs are expected to be in the lower 60s, with winds up to 10 mph.

Mostly cloudy skies and a chance of showers are expected tonight, with lows around 50 and winds up to 10 mph.

Partly cloudy skies are expected on Thursday. Highs are likely to be in the upper 50s, with northwest winds up to 20 mph.

 

 

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Group Ends Push for Recount in District 7 Supes Race

A group that had proposed a recount in San Francisco's extremely close District 7 supervisorial race withdrew its request on Monday, citing the high cost of going forward with the process.

An independent expenditure committee backing labor leader and former port commissioner F.X. Crowley had made the request last week after Crowley lost the race to board of education president Norman Yee by just 132 votes.

Yee finished with 12,505 votes compared to 12,373 for Crowley after six rounds of ranked-choice voting in the nine-candidate race.

Backers of a recount are required to pay the daily costs of the process and would not be reimbursed if the final result did not change.

Department of Elections director John Arntz told the backers that a machine recount would cost $62,416 and a manual recount would cost $69,433.

Political consultant Jim Stearns, a member of the independent expenditure committee, said today that those costs were simply too high.

"We felt the election was close enough to merit a second count, especially with the idiosyncrasies of ranked-choice voting and multiple possible errors on each ballot, but the cost was far too expensive for the groups that were backing F.X.," Stearns said.

The group sent a formal letter to Arntz on Monday withdrawing its request.

The letter also urged San Francisco to change the rules for a recount so that the city would pay for a recount in a race decided by a certain margin, and to ease restrictions that only allow donors to each pay $100 toward a recount effort.

Crowley's political consultant Alex Tourk had issued a statement last week distancing Crowley from the recount effort, saying he "has decided not to task his generous contributors towards financing an official recount."

The decision not to seek a recount means that Yee will take office in early January, replacing termed-out Supervisor Sean Elsbernd. District 7, located in the southwestern part of the city, includes the West Portal and Parkmerced neighborhoods as well as areas near Lake Merced, San Francisco State University and west of Twin Peaks.

 

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Appeals Court Mulls Lawsuits Filed by Oscar Grant Father and Friends

A federal appeals court in San Francisco is mulling a bid by former BART officer Johannes Mehserle and two other officers to be shielded from some of the claims in lawsuits by the father and five friends of Oscar Grant III

Grant, 22, of Hayward, was fatally shot by Mehserle at BART's Fruitvale station in Oakland early on New Year's Day in 2009. Mehserle and other officers were responding to reports of a fight on a BART train.

Mehserle, 30, was convicted of involuntary manslaughter in the state court system in a 2010 trial that was moved to Los Angeles County Superior Court because of intense publicity in the Bay Area.

He testified he intended to use a taser stun gun but accidentally drew his revolver instead.

Mehserle was sentenced to two years in prison and released last year after receiving credits that reduced his time served to about a year.

Both the shooting of Grant, which was recorded on cellphone videos by bystanders, and the verdict were followed by large-scale protests in Oakland.

Monday's hearing before the 9th U.S. Circuit Court of Appeals concerned a separate set of federal civil lawsuits filed against several officers by Grant's relatives and five companions who were handcuffed and detained by BART police for several hours.

Parts of the lawsuits have been settled. Sophina Mesa, the mother of Grant's now 8-year-old daughter, Tatiania, settled with BART and officers on behalf of her child for $1.5 million in 2010.

Grant's mother, Wanda Johnson, settled for $1.3 million in 2011.

Remaining in the case are Grant's father, Oscar Grant Jr., who claims loss of familial association, and the five friends, who claim the officers used excessive force and assaulted them when they were detained.

On Monday, a three-judge panel heard arguments for about an hour on contentions by Mehserle, former officer Anthony Pirone and officer Marysol Domenici that they should be protected from parts of the lawsuits by the doctrine of qualified immunity.

The doctrine shields officials from being sued for actions taken in the course of their work that do not violate clearly established rights.

The three officers are appealing a 2011 ruling in which U.S. District Judge Marilyn Patel denied immunity on some of the lawsuit claims.

Appeals court judges Mary Murguia, Michael Hawkins and Wallace Tashima took the case under submission and will rule at a later date.

Although other claims in the lawsuits -- including allegations that the officers assaulted Grant's friends -- are not in the pretrial appeal, the panel's eventual ruling on immunity will affect the contours of a future trial or settlement.

John Burris, representing Oscar Grant Jr., argued that Mehserle should not be granted immunity for shooting the younger Grant as he lay on the station platform because the act, Burris contended, was intentional.

"It is clearly a purposeful act if you shoot someone in a helpless position with a firearm," said Burris, who also argued that Mehserle didn't say publicly until months later that the shooting was an accident.

Michael Rains, a lawyer for Mehserle, argued that the allegedly accidental nature of the shooting was shown when Mehserle stood up after firing one round, said an expletive and "I shot him" and then was recorded on a cellphone video putting his hand on his head.

That gesture showed "a man in shock and despair over an accidental shooting," Rains said.

Donald Ramsey, representing Pirone, the first officer on the scene, maintained that Pirone had a reasonable suspicion of Grant and his companions, based on reports of African-American men in dark clothing fighting on a train, when he detained them.

But Dan Siegel, a lawyer for the plaintiffs, argued that Pirone's actions toward the young men were based on racial stereotyping.

"Officer Pirone had no idea whether any of my clients were engaged in a fight and if they were, whether they were victims of aggressors," Siegel told the court. "He assumed that because they were black males, or dark-skinned males, that they were the aggressors, and immediately took aggressive action," Siegel alleged.

Grant's companions, who were handcuffed and detained at the BART station and then BART police headquarters in Oakland for several hours, were Jack Bryson Jr., Nigel Bryson, Michael Greer, Carlos Reyes and Fernando Anicete.

Two other BART officers, John Woffinden and Emery Knudtson, are also defendants in the lawsuits, but did not participate in the appeal. In her 2011 decision, Patel ruled that BART as an institution was not legally responsible for the incidents and should be dismissed as a defendant.

Because Patel has retired, the lawsuits have been reassigned to U.S. District Judge Edward Chen, of San Francisco, who will preside over the trial, if one is held.

 

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San Francisco Bay Area Tuesday Morning News Roundup

SF: Detroit Mayor Settles World Series Bet

Detroit Mayor Dave Bing was riding high as his city's baseball team entered the World Series in October as favorites against the San Francisco Giants and coming off a sweep of the powerhouse New York Yankees. When making the annual bet between mayors of World Series cities, Bing had strong words for his counterpart from San Francisco, Mayor Ed Lee.

"I said there was no way we were losing to the Giants," Bing said. "I had to eat my words."

Four games later, the Giants had swept the Detroit Tigers, winning their second World Series in three years and causing Bing to travel to San Francisco to settle the bet Monday.

The mayors had agreed upon a day of service performed in the winner's city as well as a tour of some businesses there. Lee brought Bing earlier Monday to the offices of Twitter as well as Greenstart, a design studio for digital cleantech startups.

They ended their day at AT&T Park, where the mayors met with members of the Junior Giants youth program to take a tour of the ballpark and talk about the importance of teamwork and leadership.

After going on the field and into the Giants' dugout, the visiting locker room and the press box at the ballpark, the mayors and children met Giants pitcher Jeremy Affeldt. Bing, a Hall of Fame basketball player who played 12 years in the NBA, said he understood the rarity of winning a championship, something he was never able to do.

"I respect what they did," he said. Lee said Bing and his wife Yvette "have been wonderful guests," although Bing said he did have one issue with San Francisco that added extra pain on top of seeing his team lose in the World Series.

Bing and his wife arrived on Saturday during a torrential downpour in San Francisco while the weather back in Detroit, usually wintry this time of year, was anything but this weekend.

"Sixty-two and sunny," he said. The bet could have been worse -- an initial wager considered by the mustachioed mayors involved the loser having to shave off his facial hair.

"We both declined," Bing joked.

 

U.S. Supreme Court to Reconsider Proposition 8 on Friday

The U.S. Supreme Court is due to take another look on Friday at whether it should review the constitutionality of Proposition 8, California's voter-approved ban on same-sex marriage.

The court announced Monday morning that an appeal by the sponsors of Proposition 8 has been put on the agenda for the justices' private conference on Friday, along with several other cases concerning the federal Defense of Marriage Act.

The announcement came after the court earlier Monday morning issued no orders either granting or denying review of those cases.

A possible order by the court had been expected for Monday's order list because the marriage cases were also on the agenda of the court's conference last Friday. The court has no deadline for acting on the cases, however.

This Friday will be the fourth time the marriage cases have been placed on the agenda for the nine justices' internal conference. Orders resulting from this week's conference would normally be issued either Friday afternoon or next Monday morning.

The sponsors of Proposition 8 and their committee, Protect Marriage, are appealing a decision in which the 9th U.S. Circuit Court of Appeals found the voter initiative unconstitutional.

The lower court ruling has been put on hold and Proposition 8 has remained in effect during the appeal.

The Supreme Court grants review of only a small percentage of the cases appealed to it.

If it denies review of the Proposition 8 appeal, the 9th Circuit ruling will go into effect and gay and lesbian weddings could resume in California as soon as the 9th Circuit issues a mandate.

Lawyers for two couples who challenged Proposition 8 in a federal civil rights lawsuit have said the mandate could be issued within two or three days, clearing the way for same-sex weddings.

If the Supreme Court grants review of the case, it would be expected to hear arguments sometime this spring and issue a decision by the end of June.

In the event the high court denies the appeal, San Francisco and Los Angeles County have asked the 9th Circuit to provide 24 hours notice before issuing the mandate so county clerks can prepare for an expected rush of requests for marriage licenses.

 

SF: Wheelchair-bound Woman Struck by Muni Train Suffers Life-Threatening Injuries

A wheelchair-bound woman run over by a San Francisco Municipal Railway train Monday evening was hospitalized with life-threatening injuries, police said.

The woman was hit by an F-Market train at around 5:30 p.m. near the intersection of Church and Market streets.

Police are still investigating whether she had leaned forward toward the train or if she fell off her wheelchair, but she was struck by the westbound train traveling on Market Street from Delores Street to Church Street, Officer Carlos Manfredi said.

The woman was trapped under the train. Medics, firefighters, police and SFMTA officials arrived and used a special tool to raise the train and pull her out from under it. She was rushed to San Francisco General Hospital suffering injuries considered life threatening, Manfredi said.

The collision, coupled with an unrelated underground Muni outage caused by a blown transformer around the Van Ness Station tonight, snarled traffic throughout the area.

 

Lafayette: Storms Contribute to Sinkhole in Residential Street

The rain may have temporarily subsided but its effects are evident in a 15-foot-deep hole where a Lafayette street used to be.

High water levels and a clogged storm drain in Lafayette Creek destroyed a portion of Mountain View Drive Sunday, creating a sinkhole where the road once was, Lafayette City Manager Steven Falk said.

Erosion of the road accelerated when the heavy current of the creek clogged the storm drain with large debris, including branches and a bureau, some time between 7:30 a.m. and 9 a.m., Falk said.

Water began to run over the top of the road, forcing its closure soon after.

At about 3 p.m., the road collapsed onto the storm drain and left a hole 80 feet long, 40 feet wide, and 15 feet deep, Falk said. Utility agencies came out and shut off the gas and sewer lines that are below the road.

East Bay Municipal Utilities District crews were still on scene at 2 p.m. Monday attempting to shut off the water line.

A handful of customers are still without water and one customer is without gas. PG&E has provided an alternate gas service for that one, Falk said.

Falk said the city's plan is to convey the water temporarily across where the road was, and create a temporary storm drain that will handle all the water from whatever remaining storms there are this season.

Once that is completed, a team of civil engineers will create a plan to permanently fix the storm drain and road.

The collapse has left one home without access to its driveway but should not create a significant hardship to anyone in the area, Falk said. The longest detour around the sinkhole is a block and a half, he said.

 

SF: Protestors Plan to Bare All Again Tuesday if Supes Pass Nudity Ban

San Francisco City Hall could be filled once again with naked people today when the city's Board of Supervisors is expected to give its final approval to a citywide ban on nudity.

Several nudists stripped down on Nov. 20 when the board gave initial 6-5 approval to the ordinance, introduced by Supervisor Scott Wiener, and said they plan to do the same today.

The legislation would amend the city's police code to prohibit nudity on city streets, plazas, sidewalks and other public spaces, with exceptions for permitted parades, fairs and festivals.

Activist Gypsy Taub, who has organized several nudist rallies, wrote on her website to encourage opponents of the ordinance to speak out at today's meeting and to take action if the legislation is passed.

"If they reject the ban - we celebrate our victory," Taub wrote. "If they approve the ban we all get naked! Either way it's going to be fun!"

At the Nov. 20 meeting, sheriff's deputies were ready with blankets that they draped over people who stripped off their clothes. The protesters were then escorted out of the meeting.

If the approval is finalized, the ordinance would take effect on Feb. 1, 2013, although opponents have also filed a lawsuit seeking to block the legislation.

The ordinance would set fines that start at $100 and rise for each additional offense within a year.

Violators would not be required to register as sex offenders.

 

OAK: Arrest Made in Case About At-Risk Girl Who Went Missing From Group Home

Oakland police said Monday that an arrest has been made in the case of an at-risk 16-year-old girl who walked away from a group home last Tuesday night and was found in San Francisco two days later.

Police have not yet released the name of the person in custody or any more details about the arrest.

The girl was considered at-risk because of her diminished mental capacity, which is that of a 9- to 12-year-old, police said last week.

Police said that when the teen walked away from the Fred Finch Youth Center at 3800 Coolidge Ave., where she lives, staff members followed her to International Boulevard and 34th Avenue, near the Fruitvale BART station, where they lost sight of her.

Tom Alexander, chief executive at the youth center, did not immediately return a call for comment Monday.

The California Department of Social Services, which oversees centers for developmentally disabled children, is investigating the incident to determine if Fred Finch officials acted appropriately, spokesman Michael Weston said Monday.

He said that if the investigation determines that the youth center didn't handle the situation properly, it could face a wide variety of sanctions, up to having its license revoked.

He said federal law requires that licensed care homes keep their doors unlocked, and prevents them from restraining residents to keep them from leaving.

Weston said that if a child tries to leave a facility, staff members should try to redirect them to stay but can't block them from leaving.

He said staff members are directed to follow any youth who leaves and then contact police if they appear to be in danger.

 

SF: Defense to Say Brain Cyst Affected Man Accused of Killing Two Elderly Men

Opening arguments began Monday in Santa Clara County Superior Court in the murder trial of Armando Suazo Ochoa, a 49-year-old man accused of plowing his car into three elderly pedestrians, killing two, outside a public park San Jose in 2008.

While the prosecutor claimed that a drunk and enraged Ochoa deliberately drove into the three victims, Ochoa's lawyer said he will prove his client suffers from a brain condition that causes blackouts and irrational behavior.

"This case is about an accident, not a murder," Ochoa's attorney Ingo Brower told the jury Monday. "The evidence will show he was not in his right state of mind."

Deputy District Attorney Dan Fehderau launched into his first witness Monday to describe how Ochoa, who appeared drunk, repeatedly tried to cause a car accident and hurled obscenities at some soccer players before fatally injuring the pedestrians.

Ochoa faces two counts of murder and one count of attempted murder during an alleged drunken rampage on Sept. 14, 2008, when witnesses told San Jose police he steered his Suburban SUV onto a sidewalk at Hillview Park on purpose to hit three men taking a Sunday morning walk.

In his opening statement, Fehderau insisted that the trial was about "the dangers of drinking and driving" and "the deadly result when you put that together."

On the morning of the deadly collision, Ochoa, who had recently lost his job, "drove to a park looking for trouble," Fehderau said.

"He was angry at the world and felt it was time to hurt someone."

 

Concord: Two-Alarm House-Fire on Ridge Extinguished 

A two-alarm house fire on a Concord ridge was extinguished Monday afternoon, a fire captain said.

The fire was reported at 4:03 p.m. at 820 Ridge Drive. A second alarm was called shortly after firefighters arrived.

The house sits high on a ridge, making smoke from the fire visible to most of central Contra Costa County, Fire Marshal Lewis Broschard said.

The high elevation and winding streets also made it difficult for firefighters to access the home, delaying their response.

The home's residents were not there at the time of the fire, but firefighters did rescue their cat from the burning residence.

The fire was controlled shortly after 5 p.m. The damage to the home was pretty substantial, Broschard said, particularly damage to the roof, which was made of cedar. The residents have been temporarily displaced.

 

Tuesday Morning Bay Area Weather Forecast

Cloudy weather is likely in the Bay Area today with a chance of rain.

Highs are expected to be around 60, with southern winds up to 10 mph.

Rain is expected tonight, with lows in the mid 50s and winds from the south up to 20 mph.

Rain is expected on Wednesday. Highs are expected to be in the lower 60s, with southwest winds up to 20 mph.

 

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Damage From Fire At Historic Building Near Zoo Estimated At $1 Million

A two-alarm fire caused an estimated $1 million in damage to a vacant building near the San Francisco Zoo on Saturday, a fire department spokeswoman said today.

The blaze was reported around 1 p.m. at the Fleishhacker Pool building located along the Great Highway near the zoo's parking lot.

Firefighters responded and initially entered the building, but quickly decided to attack the fire from the outside for safety reasons. The blaze was eventually controlled at 5:42 p.m.

It caused extensive damage to the building, including the collapse of its roof, fire spokeswoman Mindy Talmadge said today.

The cause of the fire remains under investigation.

Assistant Fire Chief Tom Siragusa said Saturday that the blaze was considered suspicious, but Talmadge said today that the collapsed roof has prevented investigators from determining how the fire started. She said crews expect to get into the building by the end of the day.

One firefighter suffered minor injuries while battling the blaze, but has since returned to duty, Talmadge said.

The building, once part of a massive swimming pool complex, has been empty for decades. There are no current plans by the city to use the site, Recreation and Park Department spokeswoman Connie Chan said.

The San Francisco Zoo shut down at 2 p.m. Saturday, largely because of logistical and parking problems caused by the fire, which did not injure any zoo employees or animals. The zoo reopened on Sunday.

 

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Symphony Holding 'Deck The Hall' Event For Local Children Today

The San Francisco Symphony is hosting a special holiday event for more than 2,000 local children today at Davies Symphony Hall.

The annual "Deck the Hall" event, which started at 9:30 a.m., is targeted toward Bay Area children who might not otherwise be able to attend a symphony concert.

Along with a performance by the symphony, the children will see singers from Beach Blanket Babylon and the San Francisco Boys Chorus, as well as the costumed characters Santa Claus, Frosty the Snowman and Rudolph the Red-Nosed Reindeer.

Local charities have donated books and school supplies that the children can take back to their classrooms.

Davies Symphony Hall, located at 201 Van Ness Ave., is decked out for the event with holiday lights and decorations, including 22 large evergreen trees decorated with ornaments that were hand-made by local community groups.

 

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Man Found Dead On Muni Platform Identified

A man who was found dead on a San Francisco Municipal Railway platform in the city's Mission Bay neighborhood on Saturday morning has been identified by the medical examiner's office as 57-year-old Bradley Gainous.

Gainous, a San Francisco resident, was found at about 7:50 a.m. Saturday at the Mission Rock Street station on Muni's T-Third light rail line, police said.

The cause of his death has not yet been determined, according to the medical examiner's office.

Muni spokesman Paul Rose said the agency is working with police to investigate the death but that there was no new information as of this morning.

 

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Man Shot In Arm In Mission District

A 21-year-old man was shot in the arm in San Francisco's Mission District on Friday night, police said today.

The shooting was reported at about 11:15 p.m. near 25th and Cypress streets. Three people in a black two-door car drove up to the victim and opened fire, according to police.

The victim drove himself to a hospital to be treated for his injuries, which are not considered life-threatening, police said.

The suspects drove away and had not been found as of this morning, according to police.

Anyone with information about the shooting is asked to call the Police Department's anonymous tip line at (415) 575-4444 or send a tip by text message to TIP411.

 

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San Francisco Bay Area Monday Midday News Roundup

High Court Takes No Action On Proposition 8 Today

The U.S. Supreme Court took no action today on Proposition 8, California's voter-approved ban on same-sex marriage.

It had been anticipated that there could have been an order granting or denying review of the case today because it had been on the court's conference agenda from last week.

The sponsors of Proposition 8 are appealing a decision in which the 9th U.S. Circuit Court of Appeals in San Francisco declared the measure unconstitutional.

That decision has been put on hold and Proposition 8 has remained in effect during the appeal.

If the Supreme Court declines to hear the appeal, the 9th Circuit ruling will become the final decision in the case and same-sex marriages could resume in California within a few days.

If the high court grants review, it would schedule a hearing this spring and would issue a decision by the end of June.

The court has no deadline for acting on the appeal. It has now put the Proposition 8 case and several cases concerning the federal Defense of Marriage Act on its conference agenda for this coming Friday.

Gay Moraga Teen Denied Boy Scout Award To Be Honored By State Assembly

A Moraga teen who was denied his Eagle Scout award and kicked out of the Boy Scouts because he is gay is being honored by the California state Assembly today.

Assembly Speaker John Perez, who is openly gay himself, planned to recognize 18-year-old Ryan Andresen at the opening legislative session at noon.

After Andresen was told to leave his Boy Scout troop because of his sexual orientation, his mother, Karen Andresen, began a petition on Change.org that garnered the attention of public figures from throughout the state.

In the petition, which has so far been signed by more than 425,000 people, Karen Andresen is asking Boy Scout Troop 212 to give her son the Eagle Scout badge -- the Boy Scouts' top honor.

The teen completed a capstone project to earn the badge -- an anti-bullying "Tolerance Wall" at his former school, Joaquin Moraga Middle School.

Representatives from the council that oversees the local troop have confirmed that Andresen's Scouts membership was revoked because he is gay, in accordance with the Boy Scouts of America's national policy.

Today, Andresen and his family will attend the legislative session and will meet with supporters of his campaign, including Assemblywoman Nancy Skinner, state Sen. Leland Yee and Lt. Gov. Gavin Newsom.

Last month, Ryan and Karen Andresen shared their story on the Ellen DeGeneres Show and on Anderson Cooper 360. DeGeneres presented the teen with a $20,000 scholarship check from Shutterfly.com.

CHP Car Flips Over On Highway 580 During High-Speed Pursuit

Two suspects were taken into custody after a high-speed chase on Interstate Highway 580 this morning in which a California Highway Patrol car overturned, a CHP spokeswoman said.

Officers spotted an Infiniti speeding east on I-580 near Isabel Avenue in Livermore at about 3:20 a.m., CHP spokeswoman Diana McDermott said.

When a CHP officer attempted to stop the car, the driver sped off, McDermott said.

A chase ensued, with the driver reaching speeds of 100 mph, she said. Two officers in a separate patrol car assisted in the pursuit.

The assisting patrol car hit an embankment during the chase and overturned near Altamont Pass Road in Livermore, causing minor injuries to both officers, McDermott said.

The first patrol car was able to pull over the Infiniti in the Stockton area at about 3:40 a.m. and the two suspects were taken into custody, McDermott said.

CHP is still investigating the incident.

17-Year-Old Boy Killed In Friday Night San Jose Shooting Identified

A teenager killed in a shooting in San Jose on Friday night was identified by police today as 17-year-old Daniel Capetillo.

Police responded to a report of a shooting in the 900 block of Pacific Avenue at 11:33 p.m. and found Capetillo, a San Jose resident, suffering from at least one gunshot wound.

He was pronounced dead at the scene.

The shooter had fled the scene and remains at large. Investigators are still trying to determine if the shooting was gang-related, police said.

Anyone with information about the case is encouraged to call Detective Sgt. Newton or Detective Vallejo at (408) 277-5283 or make an anonymous call to (408) 947-7867.

Campbell Police Arrest San Jose Man After Short Pursuit

A man was arrested after a short vehicle and foot pursuit through San Jose and Campbell this morning, Campbell police said.

Officers attempted to stop Rogelio Pena, 27, of San Jose, who was allegedly speeding in his 1997 Honda Accord at about 2:45 a.m. at Payne Avenue and South Winchester Boulevard in San Jose, according to Campbell police.

Pena fled from the officers in his car heading toward Campbell, where he crashed his car into the yard of a home at David and North Central avenues, less than a mile away, police said.

He then fled from police on foot but was caught about a block away after nearby residents alerted police of his whereabouts, according to police.

The Accord Pena was driving was reported stolen in San Jose on Thursday, police said.

Officers found drugs and a number of stolen items in the car, according to police.

Pena, who is on probation for narcotic offenses, was booked into Santa Clara County Jail on suspicion of auto theft, possession of stolen property, drug possession, evading and resisting arrest, police said.

Woman Fights Off Purse Snatcher Despire Beating, Chases Suspect In Palo Alto

A woman who was attacked and beaten by a purse snatcher in downtown Palo Alto early Sunday morning not only held on to her purse but fought off her attacker and chased him down the street, according to police.

The victim, a woman in her 30s, was walking on the 200 block of Homer Avenue around 1 a.m. while listening to music on headphones, police said.

She was pushed to the ground from behind without warning by a suspect who tried to grab her purse.

The victim rolled on to her back and held on to her purse while the suspect struck her in the face repeatedly, around six to eight times, police said.

The woman then kicked the suspect in the midsection, causing him to back off and run away.

At that point, the woman began chasing the suspect west on Homer Avenue, then north on Ramona Street and east on Forest Avenue, before she stopped at a police garage and yelled for help.

A police employee found her outside, crying and bleeding from her nose, police said. She suffered swelling to the left side of her face and had cuts to one of her lips.

The suspect, meanwhile, continued east on Forest Avenue and the victim lost sight of him. Police were unable to locate him in a search of the area.

The suspect was described as a black male in his 20s or 30s, more than 6 feet tall and wearing a dark or black long-sleeved hooded sweatshirt or jacket and dark pants.

Anyone with information on this crime is asked to call police at (650) 329-2413.

Police urge residents to be aware of their surroundings when out walking, and avoid covering both ears with earphones so that they can hear movements nearby. Anyone observing suspicious behavior should call 911 immediately.

White Hill Middle School In Fairfax Closed Today Due To Storm Damage

Cleanup operations are continuing today at White Hill Middle School in Fairfax, which was damaged by water and mud from this weekend's storms.

The storm on Saturday night and Sunday morning damaged two art classrooms and two seventh-grade classrooms at the school, located at 101 Glen Drive, administrative assistant Maureen Moulton said this morning.

The administrative office and a staff room also sustained water damage, Moulton said.

The school has hired a company to clean up the damage, and will know later today if the school will reopen on Tuesday, Moulton said. An announcement will be posted on the school's website, she said.

White Hill Middle School serves approximately 600 students in grades 6-8.

Prosecution Delays Filing Embezzlement Charges Against Santa Rosa Junior College Police Officer

The Sonoma County District Attorney's Office today delayed filing charges against a Santa Rosa Junior College Police Department officer suspected of embezzlement and grand theft.

Jeff Holzworth, 49, briefly appeared in Sonoma County Superior Court this morning, but then left quickly with his attorney Joseph Passalacqua.

Deputy District Attorney Amy Ariyoshi told Judge Robert LaForge that the case is still under investigation and the prosecution is seeking financial records. Holzworth's next court date is Dec. 17.

Ariyoshi said the alleged embezzlement involved money from parking machines at the college campus.

After this morning's brief hearing, she said Holzworth was responsible for maintaining the parking machines, which accept one- and five-dollar bills.

The investigation began after Santa Rosa Junior College Police Chief Matt McCaffrey informed Santa Rosa police that an employee had notified him of the alleged embezzlement, Santa Rosa police Sgt. Lance Badger said.

Santa Rosa police obtained warrants and searched Holzworth's home, workspace and work vehicles, Badger said. Ariyoshi said the search warrants have been sealed.

After a three-week investigation, Holzworth was arrested at the end of his shift at 10 a.m. Wednesday. He posted $150,000 bail and is out of custody.

Holzworth, a 28-year employee of the college, is on administrative leave.

Petaluma Shell Station Robbed Sunday Night

A suspect robbed a Shell gas station in Petaluma on Sunday night, a police sergeant said this morning.

Officers were called around 10:40 p.m. Sunday to the Shell station at 421 Washington Street in Petaluma, Sgt. Ed Crosby said.

A man with a hooded sweatshirt pulled over his face entered the business, simulated a firearm and demanded cash from a store clerk.

The suspect grabbed some cash out of the register and fled the scene.

No injuries were reported in connection with the robbery.

Crosby said the suspect is described only as a white man wearing dark clothing. An actual weapon was not seen during the robbery, which is under investigation.

Anyone with information about this incident is asked to call Petaluma police at (707) 778-4372.

Victim Of Wednesday Night Shooting In Richmond Identified As Suisun City Man

A man who was shot and killed in Richmond on Wednesday night has been identified by the Contra Costa County coroner's office as 34-year-old Suisun City resident Ranaye Cross.

Officers responded to a report of a shooting in the 2800 block of McBryde Avenue at 10:20 p.m. Wednesday, Richmond police Lt. Bisa French said.

When they arrived, they found Cross suffering from at least one gunshot wound.

Investigators believe the suspect approached Cross on foot and shot him, but may have fled in a vehicle. The motive for the shooting remains under investigation but it does not appear to have been gang-related, French said.

The killing marked Richmond's 18th homicide this year, according to police.

Man Found Dead On Muni Platform Identified

A man who was found dead on a San Francisco Municipal Railway platform in the city's Mission Bay neighborhood on Saturday morning has been identified by the medical examiner's office as 57-year-old Bradley Gainous.

Gainous, a San Francisco resident, was found at about 7:50 a.m. 

Saturday at the Mission Rock Street station on Muni's T-Third light rail line, police said.

The cause of his death has not yet been determined, according to the medical examiner's office.

Muni spokesman Paul Rose said the agency is working with police to investigate the death but that there was no new information as of this morning.

San Francisco Symphony Holding 'Deck The Hall' Event For Local Children Today

The San Francisco Symphony is hosting a special holiday event for more than 2,000 local children today at Davies Symphony Hall.

The annual "Deck the Hall" event, which started at 9:30 a.m., is targeted toward Bay Area children who might not otherwise be able to attend a symphony concert.

Along with a performance by the symphony, the children will see singers from Beach Blanket Babylon and the San Francisco Boys Chorus, as well as the costumed characters Santa Claus, Frosty the Snowman and Rudolph the Red-Nosed Reindeer.

Local charities have donated books and school supplies that the children can take back to their classrooms.

Davies Symphony Hall, located at 201 Van Ness Ave., is decked out for the event with holiday lights and decorations, including 22 large evergreen trees decorated with ornaments that were hand-made by local community groups.

San Francisco Bay Area Monday Morning News Roundup

Four People Including Three Firefighters Injured In Series Of Crashes In Orinda

Four people including three firefighters were injured Sunday morning in a series of collisions on eastbound state Highway 24 in Orinda, according to the California Highway Patrol.

The crashes began just before 9 a.m. when a blue Chevy S-10 collided with the concrete center divider east of Wilder Road, according to CHP Sgt. Scott Siria.

The crash triggered a second crash between a tan Toyota Corolla and a silver Honda Civic, that ended with the Civic being pushed into the Chevy. The Corolla stopped on the right shoulder of the freeay.

A fire truck arrived on the scene and stopped in the two right lanes, and then the driver and passenger from the Corolla got into the back of an ambulance, Siria said.

A burgundy Acura Legend then spun out of control and crashed into the stopped fire truck, before stopping in the right lane, near the Corolla.

As the driver of the Acura and three firefighters stood on the right shoulder near the Corolla, a Chevy Tahoe traveling in the left lane spun out of control toward the stopped vehicles, Siria said.

The Tahoe hit the rear of the Corolla, pushing it into the driver of the Acura. The Tahoe then overturned, hitting the three firefighters on the right shoulder, Siria said.

The firefighters, two males ages 42 and 41 and a 36-year-old female, suffered major injuries, as did the driver of the Acura.

San Jose Family Of 5 Escapes One-Alarm House Fire Fueled By Christmas Tree, Gifts

A family of five and their dog safely escaped a fire in their San Jose home early Sunday morning after smoke alarms alerted them to the blaze.

Fire crews were called around 1:20 a.m. to a house in the 4600 block of Rotherhaven Way, San Jose Fire Capt. Rob Brown said.

Flames burned across the front of the home, sending smoke from the house.

Crews were able to get the fire under control by 2 a.m., the captain said.

Brown said the fire appears to have started in a front room of the house, where flames torched a Christmas tree and several newly wrapped gifts underneath it. The fire heavily damaged the home's front rooms with smoke and soot damage to the rest of the house.

The exact cause of the blaze is under investigation.

Two adults, three children and the family dog all exited the house safely after the house's smoke detectors went off.

"They were all asleep and the smoke detectors woke them up," Brown said.

The fire captain said the incident illustrates the importance of having working smoke detectors throughout the home.

"In this case, it really did save their lives," he said.

The family has been displaced and plans to stay with friends and relatives, he said.

Flood Projections Downgraded For Russian, Napa Rivers

Flood warnings for the Russian and Napa rivers were downgraded following Sunday's heavy rains, according to revised projections from the National Weather Service.

The National Weather Service on Saturday had forecast that the Russian River would reach flood stage in Guerneville, around 32 feet, around 2 a.m. this morning, and crest around noon at 35 feet.

However, after Sunday's storm, that projection was revised and the river is now expected to stay below flood stage, cresting at just over 27 feet around 4 a.m. today.

The highest recorded flood in Guerneville occurred in February 1986, when the river reached 49.5 feet, according to the National Weather Service.

Predictions of flooding on the Napa River were also downgraded Sunday, according to Napa city officials there.

The river was expected to crest in the city of Napa between 5 p.m. and 6 p.m. Sunday evening and to stay within its banks, community outreach coordinator Barry Martin said.

As a precaution, Veterans Memorial Park, Oxbow Preserve Park and the Riverfront Promenade were set to remain closed to the public for the remainder of the day.

Residents in low-lying or flood-prone areas were being advised to remain vigilant.

Overturned Big Rig Ignored Wind Warnings, Speeded On Richmond Bridge

A big rig driver whose truck overturned on the Richmond-San Rafael Bridge Sunday, blocking traffic for more than five hours, ignored high wind warnings and drove at excessive speeds prior to the accident, the California Highway Patrol said.

The truck was traveling east on Interstate 580 around 4:30 a.m., just east of the San Quentin off-ramp, at speeds in excess of 45 mph when it was overturned by strong winds, Officer Eric Hohmeister said.

The driver had ignored high wind warning signs when entering the bridge, Hohmeister said.

The empty tractor trailer overturned on to its right side, blocking the two left lanes. Tow crews had to wait for winds to subside before attempting to move the fallen vehicle.

The truck was righted and the roadway reopened by about 10:30 a.m.

There were no reports of any injuries and no gasoline was spilled.

Eastbound lanes were blocked for more than five hours, with traffic using the right shoulder to pass.

Mike Nevin, Former San Mateo County Supervisor, Dies Of Cancer At 69

Mike Nevin, a former San Mateo County Supervisor, Daly City council member and San Francisco police inspector, died of cancer Sunday at the age of 69, according to local officials.

Nevin served 12 years on the Board of Supervisors following his election in 1992, before serving as executive director of the nonprofit Service League.

County officials remembered him as an effective, caring intelligent leader with an engaging personality, county spokesman Marshall Wilson said.

"Mike had a vision for a more caring, a more just and a more compassionate world," said Adrienne Tissier, president of the San Mateo County Board of Supervisors an a fellow Daly City resident.

"What made him such a great leader is that he made you feel that together you could bring about such a world," Tissier added.

The initiatives Nevin championed during his time in office included a plan, now enacted, to provide health care coverage for all of San Mateo County's children, Wilson said.

"It is a disgrace that San Mateo County, one of the most affluent, sophisticated counties, has over 20,000 uninsured children," Nevin reportedly once told an audience. "Whether it is in good times or in bad, San Mateo County must do better for its children, and we will all work together to do so."

Nevin, a former police officer, also advocated for the provision of medical marijuana to the seriously ill, Wilson said.

Assemblyman Rich Gordon, who served with Nevin on the Board of Supervisors, said Nevin "dedicated a lifetime to public service."

"...Mike focused squarely on the needs of our most vulnerable residents," Gordon said, adding "His faith and his family always guided him, and as his colleague for many years, I appreciated his energy and valued his commitment."

Congresswoman Jackie Speier called Nevin a "giant in politics in San Mateo County."

"His passion was unbridled, his compassion boundless and his love for those without inexhaustible," Speier said, describing Nevin as someone who would speak for understanding on behalf of ex-offenders "literally with tears in his eyes."

"He was wise. He was iconoclastic. He was a leader by example," she said. "I loved him and admired him greatly."

BART, Muni Service Restored Following Flooding, Power Outages

Public transit suffered flooding and power outages Sunday caused by heavy rains.

San Francisco's Muni Metro subway system was shut down for hours Sunday by flooding at the Church Street Station, San Francisco Municipal Transportation Agency spokesman Paul Rosa said.

The tracks were closed from around 8:40 a.m. until around 1 p.m. while crews worked to pump water out of the station and tunnel.

"We have pumps in the tunnel, but because there was so much water on the surface, the pumps underneath were overwhelmed," Rose said.

Muni provided bus shuttles between West Portal and Embarcadero stations until the station was restored to service.

All service has returned to normal at this point, Rose said. 

Meanwhile BART suffered two power outages that disrupted service systemwide Sunday.

At 9:18 a.m., BART experienced a power failure that affected its computer system and backup generators and halted service. Power and service were restored at 10:18 a.m., officials said.

However, a second computer power circuit failure at 2:05 p.m. once again brought service to a halt, this time for around 20 minutes, according to BART spokeswoman Luna Salaver.

Service was restored at 2:22 p.m., Salaver said.

27-Year-Old Woman Killed In Early Morning Crash In Daly City Identified

A 27-year old woman who was killed in a crash in Daly City early Sunday morning has been identified as Lauren Delos Reyes, according to the San Mateo County coroner's office.

The Daly City resident was driving north on Interstate Highway 280 when she collided with another vehicle near the Eastmoor Avenue off-ramp just after 5 a.m., according to the California Highway Patrol.

Delos Reyes was pronounced dead at the scene. 

Several lanes were blocked until the roadway was cleared at about 7 a.m.

The crash remains under investigation by the CHP.

Driver Killed In Hit-And-Run Crash In Oakland's Temescal District

A driver was killed in a hit-and-run crash in Oakland's Temescal District early Sunday morning, a police officer said.

Officers located a driver inside his car near the intersection of Telegraph and 44th avenues. He was pronounced dead at the scene, Officer Kevin McDonald said.

It appears that a vehicle crashed into the victim's car before fleeing the scene, he said.

Police are working to determine the circumstances surrounding the crash.

Man Injured In Mission District Shooting

A man was injured in a shooting in San Francisco's Mission District early Sunday morning, a police officer said.

The man was near the intersection of Mission and 18th streets around 1:30 a.m. when someone shot him twice, according to police.

The man was taken to a hospital to be treated for non-life-threatening injuries.

No suspect information was immediately available.

Woman Fights Off Purse Snatcher Despite Beating, Chases Suspect In Downtown Palo Alto

A woman who was attacked and beaten by a purse snatcher in downtown Palo Alto early Sunday morning not only held on to her purse but fought off her attacker and chased him down the street, according to police.

The victim, a woman in her 30s, was walking on the 200 block of Homer Avenue around 1 a.m. while listening to music on headphones, police said.

She was pushed to the ground from behind without warning by a suspect who tried to grab her purse.

The victim rolled on to her back and held on to her purse while the suspect struck her in the face repeatedly, around six to eight times, police said.

The woman then kicked the suspect in the midsection, causing him to back off and run away.

At that point, the woman began chasing the suspect west on Homer Avenue, then north on Ramona Street and east on Forest Avenue, before she stopped at a police garage and yelled for help.

A police employee found her outside, crying and bleeding from her nose, police said. She suffered swelling to the left side of her face and had cuts to one of her lips.

The suspect, meanwhile, continued east on Forest Avenue and the victim lost sight of him. Police were unable to locate him in a search of the area.

The suspect was described as a black male in his 20s or 30s, more than 6 feet tall and wearing a dark or black long-sleeved hooded sweatshirt or jacket and dark pants.

Two Santa Cruz Men Robbed, One Shot, Outside Watsonville Gun Range

A Santa Cruz man was shot in the leg and injured outside a Watsonville gun range Sunday afternoon when a suspect attempted to rob him and his father-in-law of their gun, according to police.

The victims, a 38-year-old Santa Cruz man and his 46-year-old father-in-law, were just leaving Markley's Gun Range on Vic Rugh Lane at Blanca Lane just after 2 p.m. when the robbery occurred, according to police.

After locking their weapon in the trunk of their car, the two were approached by a man wearing a bandanna over his face and armed with a handgun.

The suspect allegedly demand their weapon, and the father in law grabbed the suspect's gun and struggled with him, police said.

The younger victim began to run south on Vic Rugh Lane, and the suspect broke free and chased him, allegedly firing at the man multiple times, police said. One of the bullets struck the victim's leg.

A black or dark green Acura picked up the suspect on Vic Rugh Lane and fled the scene toward Freedom Boulevard from Gardener Avenue, police said.

The suspect was described as a Hispanic male, approximately 5 feet 10 inches tall and 160 pounds. He was last seen wearing a hat and a black and white bandanna.

The suspect vehicle was described as being black or dark green, with a model year between 1988 and 1992. The body was in poor condition, and the rear window had a tint that was bubbling.

The driver was a Hispanic male adult, 28-32 years old.

San Francisco Bay Area Weather Report

Partly cloudy weather is likely in the Bay Area today. Highs are expected to be in the lower 60s, with light winds.

Mostly cloudy skies are expected tonight, with lows in the lower 50s and light winds.
Mostly cloudy skies and a chance of rain are expected on Tuesday.

Highs are expected to be in the lower 60s, with southern winds around 5 mph.

Cellphone Theft At Daly City Station Delays Trains Into East Bay

There is a 10-minute delay on BART trains heading into the East Bay from the Daly City station after a cellphone theft, a BART spokeswoman said.

Around 3:50 p.m. police responded to the Daly City station and held a train after a phone was reported stolen, spokeswoman Alicia Trost said.

Trains headed east on the Pittsburg/Bay Point and Richmond lines from the station are delayed about 10 minutes, a BART employee said.

 

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Gas Odor At Elementary School Probably Caused By Boiler Pilot Light

A gas odor that triggered an evacuation at a Hayes Valley elementary school was probably caused by a failed pilot light on a boiler, a PG&E spokesman said today.

A teacher at John Muir Elementary School, located at 380 Webster St., smelled gas in the entryway of the school shortly before 12:45 p.m., school district spokeswoman Gentle Blythe said today.

No students or staff members were sickened, but as a precaution, school officials called the fire department and PG&E and evacuated the building.

Students were allowed to go back inside the building within about 15 minutes, Blythe said.

PG&E gas service representatives found no gas leaks at the school but did determine that the pilot light on the boiler had gone out, utility spokesman Joe Molica said.

"There's a possibility that when the pilot light went out it still was blowing gas for 30 to 40 seconds before the safety went on," Molica said. "And guess where the boiler is located? Right under the entryway where the gas odor was detected."

 

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John Muir Elementary School Evacuation Lifted

Students at an elementary school in San Francisco's Hayes Valley neighborhood were evacuated for about 15 minutes this afternoon after a school official smelled gas in a hallway, a school district spokeswoman said.

A teacher at John Muir Elementary School, located at 380 Webster St., smelled gas in the entryway of the school shortly before 12:45 p.m., San Francisco Unified School District spokeswoman Gentle Blythe said.

No students or staff members were sickened, but as a precaution, school officials called the fire department and PG&E and evacuated the building.

The students were at indoor lunch/recess at the time of the incident, Blythe said.

Fire crews detected only a faint odor in the main lobby, fire department spokeswoman Mindy Talmadge said.

Students were released to go back inside within about 15 minutes, Blythe said.

PG&E remained on scene checking for any possible gas leaks this afternoon, utility spokesman Joe Molica said.

The odor appears to have come from the boiler room, but the exact source remains under investigation, Molica said.

 

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School Evacuated After Official Smells Gas In Hallway

An elementary school in San Francisco's Hayes Valley neighborhood was evacuated this afternoon after a school official smelled gas in a hallway, according to a fire department spokeswoman.

An official at John Muir Elementary School, located at 380 Webster St., reported the possible gas leak at 12:42 p.m. after smelling gas in the school's main hallway, fire spokeswoman Mindy Talmadge said.

No students were sickened, but officials evacuated the school as a precaution.

Fire crews detected a faint smell of gas in the main lobby, but PG&E crews did not pick up any gas on their monitors, Talmadge said.

PG&E remained at the scene to investigate this afternoon.

 

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Supreme Court Will Not Announce Prop 8 Action Until Monday Or Later

The U.S. Supreme Court will not announce until at least Monday and possibly later whether it will review the case of Proposition 8, California's ban on same-sex marriage.

The Proposition 8 case and several related cases concerning the federal Defense of Marriage Act were not on a list released by the court this afternoon showing two other appeals for which the court granted review.

A representative of the court's press office said the court will not release any further orders indicating grants or denials of review until Monday at 6:30 a.m. PST.

Monday's order list could show whether the court has decided to hear an appeal by sponsors of Proposition 8 of a lower court ruling that found the voter initiative unconstitutional.

The court also has the option of delaying consideration of whether to take up the appeal until a later date.

If the panel agrees to review the case, it would hear arguments sometime this spring and issue a written ruling by the end of June.

Proposition 8 has been left in effect during the appeals process.

If the high court denies review, the final ruling in the case will be a decision earlier this year by the 9th U.S. Circuit Court of Appeals in San Francisco overturning the ban.

Gay and lesbian marriages could then resume in California as soon as the circuit court issues its mandate in the case. Lawyers for two couples who challenged Proposition 8 have estimated that the mandate could be issued within two or three days.

In the event that the Supreme Court denies review, San Francisco and Los Angeles County have asked the 9th Circuit to provide 24 hours notice before issuing the mandate so county clerks can prepare for an expected influx of requests for marriage licenses.

If the 9th Circuit ruling becomes the final decision in the case, it would apply only to California.

That court said by a 2-1 vote in February that because same-sex marriage was legal in California for several months in 2008, it would be unconstitutional to deprive gays and lesbians of an existing right.

The sponsors of Proposition 8 and their committee, Protect Marriage, have argued in their appeal that California voters were entitled to choose a traditional definition of marriage.

An announcement of the Supreme Court's plans was expected today or Monday because the justices had placed the marriage cases on the agenda of their private conference today, but the court has no deadline for acting on the case or for making an announcement of its action.

 

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San Francisco Bay Area Friday Midday News Roundup

Stormy Weather Floods Bay Area Roadways, Knocks Out Power For Thousands

As a storm continues to batter the Bay Area from Thursday night into this morning, the heaviest rainfall has been recorded in the North Bay, according to a National Weather Service forecaster.

The storm system was moving southeast through the Bay Area late this morning and is expected to soak the entire region for the rest of the day, forecaster Diana Henderson said.

In the past 24 hours, parts of Sonoma County saw more than 7.5 inches of rain while the Santa Cruz Mountains were deluged with 7 inches.

Rainfall in the past day was recorded at 4.33 inches in Calistoga.

In downtown San Francisco, 1.18 inches of rain was recorded with somewhat higher measurements at San Francisco International Airport and other parts of the Peninsula, Henderson said.

Henderson said more severe weather is expected to affect the region's more mountainous areas and some areas along the coast.

Just before 11:30 a.m., an urban and small stream flood advisory was issued for all Bay Area counties until 2:30 p.m. because of many reports of flooded streets, highways, underpasses and small creeks.

A flash flood warning is in effect for the Monterey Bay area, while the rest of the Bay Area is under a flash flood watch through the weekend, Henderson said.

"It's a heads up basically that conditions are ripe," she said.

A wind advisory is in place until 2 p.m. this afternoon for the San Francisco and Monterey Bay areas, with strongest winds expected along the coast.

Henderson said wind was more prevalent overnight. Gusts have become more benign late this morning at about 10 mph, she said.

Because of the storm, the California Highway Patrol has reported an abundance of flooded roadways throughout the region this morning.

In the San Francisco area, there are flooded lanes and freeway ramps including the Silver Avenue and Octavia Boulevard on-ramps to southbound U.S. Highway 101, according to the CHP.

A lot of water has also pooled on southbound Highway 101 near San Francisco International Airport, according to the CHP.

In the North Bay, a vehicle got stuck this morning at Ross Station Road at Ross Branch Road near Sebastopol, while other flooded roadways have been reported at Rohnert Park Expressway at Stony Point near Santa Rosa.

In Hayward, heavy flooding was reported along A Street this morning, while in Fairfield the westbound Interstate Highway 80 Air Base Parkway off-ramp was reportedly completely flooded.

Near Woodside, there was a foot of water reported on Interstate Highway 280 at Woodside Road.

As of 11 a.m., 3,700 customers in the Bay Area are still without power because of storm-related outages, according to PG&E officials.

In the North Bay, 2,200 customers were affected, while others impacted by the outages include 390 in the East Bay, 160 in San Francisco, 650 along the Peninsula, and 320 in the South Bay.

In the Santa Cruz Mountains, 1,400 customers were without power and an additional 1,300 customers were affected in Santa Cruz, San Benito and Monterey counties, according to the utility.

At its peak, the storm caused nearly 16,000 customers to lose power overnight in the Bay Area, according to PG&E officials.

The forecaster Henderson said steady rain is expected to fall through the end of the weekend.

Dozens Of Flights Cancelled At SFO As Stormy Weather Continues

Stormy weather this morning was affecting travel plans in and out of the Bay Area, according to airport officials.

At San Francisco International Airport, 60 flights -- 30 arrivals and 30 departures -- were canceled this morning, airport duty manager Joe Walsh said.

The cancellations, which started early this morning, were expected to continue to affect flights until about noon, Walsh said.

A delay program is in place at the airport until the end of the day, Walsh said.

He advised passengers check with their airlines before arriving at the airport.

In the East Bay, there was only one flight canceled this morning out of Oakland International Airport, an airport operations employee said.

No flight delays have been reported there.

Mineta San Jose International Airport has no cancellations or delays because of the weather, airport spokeswoman Rosemary Barnes said.

Man Killed During Home Invasion Robbery In Monte Sereno

Police are searching for a suspect in connection with a homicide during a home invasion robbery early this morning in Monte Sereno, according to police.

A man and a woman were at their residence in the 18000 block of Withey Road, near Beck Avenue, when a burglar entered the residence and ransacked the home, police said.

The female victim was able to call police when the burglar left the residence at 1:36 a.m., police said.

Upon arrival, police located the male resident deceased inside the residence.

The female victim was transported by ambulance to a hospital with injuries not considered to be life threatening, police said.

The name of the deceased victim is not being released, pending family notification by the coroner's office, according to police.

The homicide and burglary remain under investigation, police said. 

Anyone with information about the incident is asked to contact the Los Gatos/Monte Sereno Police Department at (408) 827-3219 or after hours (408) 354-8600.

Body Discovered In Fairfax Structure Fire

A body was discovered inside a burning structure in Cascade Canyon in Fairfax early this morning, according to the Marin County Fire Department.

Fire crews responded to a burning structure at the end of a long dirt driveway on Meadow Way around 1:30 a.m., fire officials said.

Firefighters needed about 700 feet of hose to reach the 20-by-35-foot structure that was almost completely destroyed by the time crews arrived, officials said.

By 2:30 a.m., during overhaul operations, firefighters discovered a body in the ashes and debris.

The Marin County coroner's office has yet to identify the body.

The cause of the fire is under investigation.

No other injuries were reported and no other structures in the area were damaged.

Missing Timber Cove Man Found Dead

A Timber Cove man who was reported missing Tuesday was found dead in a creek bed near his residence Thursday morning, a Sonoma County sheriff's lieutenant said.

Sheriff's deputies were asked to check on the welfare of 60-year-old Aron Laventer around 7 p.m. Tuesday, Lt. Steve Brown said.

Laventer had not been heard from since Nov. 21, Brown said.

Deputies found Laventer's vehicle and several personal items at his residence, leading them to believe Laventer arrived home but left without personal belongings, Brown said.

The Sonoma County Search and Rescue Team searched for Laventer Wednesday until it got dark, he said.

The California Rescue Dog Association joined the search Thursday and at about 9:45 a.m., authorities found Laventer's body in a creek bed near his home, Brown said.

An autopsy is scheduled for this afternoon, a Sonoma County coroner's office spokesman said.

Plea Hearing Set In San Jose Gang-Related Beating Death Of 14-Year-Old Boy

A plea hearing is set for today in Santa Clara County Superior Court for eight suspected gang members in connection with the April beating death of a 14-year-old boy and assault on his brother in San Jose, a deputy district attorney said.

Seven of the defendants have been charged with murder in the brutal homicide of Heriberto Reyes, an eighth-grader at Bernal Intermediate School, and attempted murder of his older brother Juan, Deputy District Attorney Carlos Vega said.

The prosecution claims that defendants Ruben Becerra, Scott Conway, James Conklin, Angel Lamas, Javier Lamas, Jacob Lynch and Clemente Salas punched and kicked the Reyes brothers on a basketball court at Roosevelt Park on April 27 in downtown San Jose.

The eighth defendant, Joe Chavarriai, has been charged with being an accessory in the murder and attempted murder, Vega said.

The plea hearing is set for 2 p.m. at the Hall of Justice in San Jose.

Each of the individuals charged in the beatings have allegedly been confirmed either as criminal gang members or those who committed the acts for the benefit of or in association with a criminal gang, Vega said.

On April 27, the brothers' father dropped them off after school to play basketball at Roosevelt Park, located between Julian and Santa Clara streets in an area known for gang activity, Vega said.

Both victims later became the center of a large fight determined to be gang-related, Vega said.

Heriberto died at the Regional Medical Center of San Jose three days after the beating, while his brother has recovered from his injuries.

There is no indication that either of the two victims were gang members, Vega said.

San Jose Firefighters Tackling Taqueria Fire This Morning

Firefighters are tackling a two-alarm fire at a San Jose taqueria this morning, a fire captain said.

The fire was reported at 7:42 a.m. in the attic area of Taqueria Lorena's at 399 S. 24th St., San Jose fire Capt. Rob Brown said.

Crews arrived minutes later to the restaurant, which had yet to open for the day, Brown said.

Nobody was inside the business at the time of the fire, he said. 

The blaze was contained to the attic, but water damaged parts of the main business, Brown said.

The cause of the fire is under investigation.

Brown said firefighters had some difficulty attacking the blaze initially because of a hazardous location of an electrical panel.

No injuries have been reported and neighboring buildings are not affected by the blaze, he said.

The fire was reduced to a single alarm shortly before 8:30 a.m., Brown said.

The intersection of East William and South 24th streets is closed to traffic and pedestrians because of the blaze, he said.

Vallejo Rapper Arrested In Las Vegas On Drug Trafficking Charges

A Vallejo rapper was arrested by the U.S. Marshals Service in Las Vegas Thursday on drug trafficking charges, federal prosecutors said.

Michael Lott, who performs under the name "Miami the Most", is alleged to be part of a drug trafficking operation throughout the country, according to the U.S. Attorney's Office.

Authorities said Lott was a close associate of Vallejo rapper Mac Dre, also known as Andre Hicks, who was fatally shot in Kansas City, Mo., eight years ago.

A federal criminal complaint unsealed in April revealed the drug ring was operated by several Vallejo-based rappers and associates of an entertainment label known as "Thizz Entertainment", according to U.S. Attorney Benjamin Wagner.

In April, federal agents arrested 25 people in Vallejo, Stockton, Fairfield, Oakland, Los Angeles, New York and Oklahoma City, U.S. Attorney's officials said.

Agents seized approximately 45,000 Ecstasy pills, 4 pounds of crack cocaine, a half-pound of heroin and $200,000 in suspected drug proceeds as well as 230 acres of property valued at $1 million, authorities said.

The U.S. Drug Enforcement Administration investigation uncovered a network of drug distributors in the "Crest" neighborhood of Vallejo that transported drugs outside California, according to the U.S. Attorney's Office.

Lott will be brought to California after an initial court appearance in Las Vegas, U.S. Attorney's officials said.

Bruce Thurmon, who performs as "Little Bruce," and Beshiba Cook are the two remaining fugitives sought by federal law enforcement authorities in the case, according to the U.S. Attorney's Office.

Former Pittsburg Elementary School Teacher Sentenced For Child Pornography

A former teacher at a Pittsburg elementary school has been sentenced in federal court in Oakland to four years and nine months in prison for possession of child pornography.

Alex Bursch, 28, of Antioch, was sentenced by U.S. District Judge Phyllis Hamilton on Wednesday and was also ordered to pay a $2,000 fine.

Bursch formerly taught at Los Medanos Elementary School and was also a swim coach for the Pleasant Hill Dolfins, a youth swim team.

He was convicted on Aug. 29 by Hamilton in a one-day nonjury trial of one count of possessing child pornography on Sept. 1, 2010.

That date was the day that Contra Costa County sheriff's detectives arrested Bursch after discovering pornography images on his computers in a search of his home.

Prosecutors said in a sentencing brief that authorities found approximately 4,000 child pornography images and 150 child pornography videos on the computers.

They said the investigation began when an undercover officer discovered that a computer using Bursch's Internet connection was sharing child pornography images through the use of peer-to-peer file-sharing software.

Prosecutors had asked for a sentence of seven years and three months in prison, while Bursch's defense attorneys asked for probation, saying that Bursch had no previous criminal record and was amenable to treatment.

U.S. Attorney Melinda Haag said that in imposing the four-year, nine-month sentence, Hamilton noted that Bursch's collection contained a large number of images and that some of the images were of prepubescent children and of sadistic sex acts involving children.

Hamilton denied Bursch's request to be allowed to remain free during an appeal and ordered him to surrender to begin serving his sentence on Jan. 28.

Caltrain's Holiday Train To Collect Donated Toys This Weekend

Caltrain is getting the holiday season off to a spirited start this weekend as the annual Holiday Train pulls into stations from San Francisco to San Jose.

A special illuminated train will make stops at eight Peninsula cities, spreading good cheer and collecting toys for the region's less fortunate kids through the U.S. Marine Corps' Toys for Tots program.

The Holiday Train will carry Santa Claus, Mrs. Claus, a Salvation Army brass band, singers and other holiday characters to greet families and well-wishers who bring new, unwrapped toys to their local Caltrain stations.

On Saturday beginning at 4 p.m., the Holiday Train will stop at the San Francisco, Burlingame, Redwood City, Mountain View and Santa Clara stations.

On Sunday, also starting at 4 p.m., the train will be at the San Francisco, Millbrae, San Mateo, Menlo Park and Sunnyvale stations.

An exact schedule of arrival times can be found online at www.holiday-train.org.

Since its inception in 2001, the Holiday Train has collected more than 45,000 toys for the region's needy families, according to Caltrain.

Two Injured In Shooting In East Oakland

A shooting in East Oakland left two people injured Thursday night, according to police.

Two adults arrived at a hospital with gunshot wounds following a shooting at about 10:50 p.m. in the 1400 block of 48th Avenue near International Boulevard, police said.

Both victims were in stable condition, police said this morning.

The victims reported that one suspect with a firearm fled the scene in a vehicle, police said.

Shots Fired Into Empty Cars In Front Of Watsonville Bakery

Shots were fired into several empty vehicles parked in front of a Watsonville bakery Thursday night, according to police.

An unknown gunman fired multiple shots into vehicles parked in front of the La Rosa Tortilla Factory on Menker Street around 10:45 p.m. Thursday, police said.

No one was struck by the gunfire, but employees inside the bakery called police when they heard the shots.

Anyone with information about the incident is asked to call Watsonville police at (831) 768-3350 or an anonymous tip line at (831) 768-3544.

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