ends with an officer shooting an armed suspect in the back. there are bastions on whether he should've pulled the trigger. the news at 6:00 starts now. good evening. >> we are going to start with that video. it is disturbing but it clearly shows a bay area officer shooting an unarmed man in the back. whether it was justified or just a bad shooting, that is part that's not so clear. senior investigative reporter has more. >> hands up. drop the gun. >> a napa county sheriff's deputy warned he would open fire in less than two seconds later he did hitting an 18-year- old man in the back law enforcement accused of running through this neighborhood armed with a gun. >> it was about 20 police cars. >> reporter: kenneth and has

lived in the area for 34 years and said that chaos back in january all started with the car chase. the man ultimately shot is riding with someone else when police say they tried pulling him over for a traffic violation. they didn't stop and instead drove through this neighborhood and crashed into a fence. that's when security cameras on the block caught one of the men trying to get away on foot. >> the police for doing their job and they did but i wish they would've caught him without shooting him of course. >> man survived and has since pled guilty to a number of charges including the illegal possession of a gun. in watching the video penn says he is torn on whether the deputy was justified in shooting the man in the back. reviewed the napa county sheriff's office own policies and from the use of deadly force is allowed when deputies fear for their safety or that of the public. >> he had a gun in his hand. maybe the police officer was scared.

>> this comes down to a decision made in seconds. -- believes the deputy had every reason to shoot. >> it appears to me that the suspect is running directly towards someone's house and if that subject were to get into the house to have a hostage barricade situation and your people that are injured or shot. >> cody solomon a former firearms dr. argues that shooting did not have to happen and says the suspect appears to throw away one gun and then another just before he is shot. >> the fact that someone is actively fleeing does not give rise to justification to use deadly force. the fact that someone is armed doesn't necessarily give rise to the officer's use of deadly force. >> the napa county sheriff's

office says it is still investigating whether it deputy should have opened fire. >> while the search is over open has a new police chief more than one year after the last one was fired. former texas police chief floyd mitchell will now lead opd. he also served as police chief in temple texas. new chief also comes with controversy. he resigned as lubbock chief last fall after criticism of his department's response time. the mayor says she is confident that mitchell is the best person to handle the job. >> didn't make any excuses but talked about what he learned from the experience and so through this experience i am excited that he will bring it over to add on to what we are going through with oakland 911 systems and so i have every belief that your ship will be resounding. >> oakland by the way has had 12 police chiefs in the last 20

years. oakland's last chief is currently suing the city for wrongful termination after he was fired suddenly last february. the incoming chief will still have to clear certain state requirements for or he can step into's position. he is expected to start in late april or early may. an update and a san jose search for a chief. this chief will retire at the end of this month after 28 years. we now know who will be leading the department on the interim basis, assistant chief paul joseph was just appointed as acting. he has been with the department for 30 years. san jose also picked a consulting firm to help lead a nationwide search for a permanent chief. once candidates are finalized the new chief will eventually be confirmed by san jose city council. >> and hayward teacher is now facing felony charges of trying to have -- with children.

a sting call operation broken heart discovered the men soliciting children for on the internet. nbc bay area jodi hernandez has more. >> all i can say really is the allegations are disturbing. soon as we found out about his arrest we act swiftly and immediately released him from employment. >> that is the reaction from the hayward unified school district after investigators announce joseph martinez, and substitute english teacher at tennyson high school is one of six bay area men arrested during a thing operation for allegedly using the internet to solicit sex with children. >> the objective of the operation was to have undercover officers posing as minors online. >> reporter: according to court documents that photos of his to two different officers posing as 13-year-old girls. and one chat he went by the

name mr. teacher man and told the officer he wished he could bring the girl to his classroom for some naughty fun. >> it's not right. it's ridiculous. >> parents are sickened and outraged. the district said police confiscated items from the classroom after the arrest. >> we are working closely with investigators to support them in any way possible. >> five other men were also arrested and each of them had arranged meet ups with what they thought were kids we greeted by police. investigators say listing is proof that sexual predators are scouring the internet looking for young vic comes. >> this is the time for parents to talk to the kids about smart phone usage and how to stay safe and so we really encourage parents to educate their kids to learn more about these platforms so we can keep kids

as safe as possible. >> in the east bay nbc bay area news. have made it to friday and as a acted it's wet out there. this is a live look from our tower looking onto the bay the rain is here and so is our meteorologist, what is the timeline? >> starting to move into the south bay the thing with this even though it will become widespread in some parts of the bay it will not be a huge rainmaker so there will be brakes in between. right now we have our storm ranger scanning the skies. to have --and we see some of those pockets heavier through clear lake that was expected for yesterday's model runs and if you notice we do have at times moderate to heavier cells moving into the tri-valley. if you will be driving into richmond or the oak an area likely you can see some of those pockets at times.

look at fremont in through sam carlos. san jose just saw light rain but now passing another break and this is how this will play out. we will get widespread moments and then breaks and then into tomorrow. you have the sierra range and we have been monitoring winter storm conditions and the temperatures will also clear out as well. right now we are already in the fifth piece for san francisco. the rain will continue on and off through the evening and so will the wind and also heading in we are monitoring the possibility of other stores which would include not only the possibility of lightning but also hail to saturday with that stability. i will have a closer look at the direct impacts for your saturday and sunday so you can plan out possible activities but for tonight on and off at times and if you have a late

evening commute we will talk about that more in the forecast. >> as the storm is here and it approaches you can track it on our phone. just download our free app by pointing your camera's phone or your phones camera and the qr code on your screen. you can also go to nbc bay area.com. >> growing fate tonight over toll lanes on 101. are they effective? are they fair. can also buy your way in or if you are rated -- brave enough you can cheat. christie smith has more on the questions being raised. >> my favorite place to drive. >> this ride-share driver set the express lanes are great when it counts. >> the driver sees it this way.

>> it's not good of all of the traffic in the right lane and nobody wants to pay the the. transportation leaders say the express lanes are doing well both as traffic reducers and revenue generators. >> we just passed our first year of full operations and they are meeting the revenue targets that we assumed and were also maintaining a speed over 45 miles per hour in the express lanes and that is one of the other measures of success. >> peter skinner is executive officer of the transportation authority and part of the express lanes going power and authority which operates the express lanes on 101 in san mateo county. he asked about the other big frustration some drivers have with the toll lanes. the cheaters using the lanes when they shouldn't. >> i see the express lanes is successful because we do have the vast majority of drivers who are paying a toll declaring your occupancy correctly but we

know there is bad act as out there who are declaring that they have three people in a car just to get a free ride. >> he points out it's an issue on express lanes and carpool lanes and says right now they rely on the chp to keep drivers honest. they say there is also another potential tool they are keeping an eye on. >> chp is the only way we really have determine if people are being honest and actually having multiple individuals in their vehicle. i will say that the mtc or the transportation commission is conducting a pilot program with an app that helps determine the occupancy of a vehicle and we are very eager to see if that pilot is successful. >> in burlingame, christie smith, nbc bay area news. earlier this week the city

approved a plan to transfer the concord naval weapons station along with lots of commercial space. the billion-dollar project would be spread out over 40 years in the remittance almost two field plans by other master developers going back 25 years. the navy by the way close the inlet part of the bay back in 1999. up next anger and a lot of emotion at a san francisco courthouse. a man's punishment for dabbing a woman raising alarm from the district attorney. plus the search is over the update after a bay area rescue team searches for a missing hiker carmel valley. and the rain is here and we have a change in how much rain we will be heading into saturday of monday the good news for your sunday but also sierra storm and what we can expect with those wins. and the announcement from the princess of wales, kate middleton breaks her silence

and reveals she has been undergoing cancer treatments. it was thought my condition was noncancerous. surgery was successful however tests after the operation found cancer had been present. 42-year-old princess asking for privacy sang part of her long silence is that she and prince william could explain it to their children. this is one of several big stories being tracked by lester holt. >> right now we are following breaking news out of moscow. the armed attack at a concert hall were russian media reports dozens dead also e tale thof vi

during spring clearance. save big on premium mattresses. paris in our business online at libero.com. outrage and heated debate in san francisco over the sentence of a man who stabbed risley injured a 94-year-old woman.

unprovoked attack was back in 2021 and it was caught on surveillance video. the man charged in the attack pled guilty earlier this month. now a judge handed down his punishment, a 10 year suspended sentence and five years probation. to day the d.a. and others gathered to announce the fence and saying he should be in prison. the d.a. notes the officers had no say in negotiating that sentence. >> when we see our seniors being violently attacked and there be no actual consequences for it, yes we will come together and we will stand against what is happening. >> in a phone conversation the attorney for that gentleman applauded the judge for taking her clients mental health issues into account and she said the intensive supervised probation should detect the public and provide the services needed. d.a.s office has filed a formal protest of the judges sentence. new developments in a

brazen self a home invasion robbery. arrests have been made in detectives say a group of several people talk their way into a home of an elderly couple. this is the surveillance video from that robbery in san jose. two women distracted the husband as the third slipped inside and took the family safe and others waited outside. officers arrested one of the women back in december. today investigators announced the arrest of another such act, u.s. marshals and arrested this man in georgia last month and tonight he is in the santa clara county male jail -- main jail. police are also looking for to others. it has not been identified. if you have any information or the suspects information is needed. the body of carolyn meister has been found at the bottom of a monterey county waterfall. the 30-year-old monday morning as she was leaving the amount

or for a hike. that center is located in a remote area. more than 60 searchers from teams around the state help look for her including many from the bay area. her family said experienced hiker but only packed enough food for a day trip. lori say they do not 6 foul play. the news about california's water supply. last month storms will mean -- today state officials doubled the amount of water that will be provided to 29 public agencies this year. those agencies provide water to 27 million people and 750,000 acres of farmland. the increase means water managers can now expect 30% of the water requested from an estimate of his fifth teen percent last month. >> here in stormont and here's a live look at sam insist go looking misty but it is about to get wet. a spring in our meteorologist

and it's already started raining in the city? >> it is these periods of light rain and that is kind of what we will see. we will also see the wins which we have seen gusting upwards of 30+ but it's really going to depend on where you will be this weekend. let's take a look at satellite radar. i want to turn your attention to the rotation you see in the pacific. you can see it right here. is that low pressure system developing and you can see that rain forming on the outsides. the system is a colder system so that is the reason why we see the drop in temperatures but also the sierra snow as well. let's assume this in further. this gives us a closer look at where the rain is moving through now. san francisco catching rain and parts of livermore and as you notice down to the south bay we are catching a break that will

change soon. we do have snow already coming down in the sierra winter storm warnings have gone into effect and will remain in place for the weekend. your traveling along half moon bay expect to keep that rain on and off. for your evening commute this will be in impact on the 7:00 or 8:00 our and initially we are going to see this sooner but it does look like it's moving slower than what we had anticipated. that's good news if you're trying to get home safety. it will hold off on heavier rain. temperature wise we are in the 50s in san francisco. 62 and i want to show you this because check out where we were 24 hours ago. we are at about a 93 difference already in santa rosa compared to yesterday's highs and that's definitely going to showcase itself again tomorrow with a daytime high. wind speeds from the south southwest at about 1820+ miles per hour in san francisco down the south bay breeze here so

breezy and windy at times and timing wise for the storm at 930 you will notice we do start to see some heavier pockets picking up in san jose and livermore we get another line of showers pushing into san francisco and then we do catch a break so overnight early saturday morning we catch a break but is around 7 a.m.. catch a break for your sunday sunday and rain totals highest will be for the coastal mountains and the northbay and everywhere else we will see less than that tomorrow though daytime highs upper 50s, low 60s about a 10 to 15 degrees drop compared to last weekend and if you notice monday and tuesday brief rake in between don't bother washing your car heading into next wednesday thursday and friday look at

that, we get another round of instability moving in that will bring back the return of rain chances into the area and those temperatures will remain cool for the next several days. >> weekend weather whiplash for sure. >> i am still thinking about sunday fun day. you.

restaurant reopened after thieves broke in and stole a safe. that's what the owner saw yesterday. the window of the door shattered pieces of glass were all over the floor. a safe full of money and a box full of blank checks were all gone. despite the break in -- >> i come here every morning and these people become your family so when your family gets broken into in her and when your family hurts you want to be there for them as much as you can. >> it hurts to know that someone would come in and do something like this because they really care about their community. >> owner said she appreciates the community and is looking forward to just moving forward with the restaurant. >> a symbol of love and hope in san francisco got a refreshing

we are talking about the iconic rainbow flag. castro's merchants association replaced it today the association replaces the flag regularly. the old one was fraying at the ends and this one is having a bit of a snag and you see the rope got tangled as the old flag was coming down. >> it is not normally this challenging. i don't know why the end of flag group was tangled like that but we came together and got it untangled. it's beautiful. >> all good. the old flag was donated to handbook wonders of california and members will each get a piece to use for a book cover or art. it will also be featured in an exhibit about the american bookbinding museum. up in san francisco paying up kansas city cashes in on a per bowl bat business. it's not a nine-to-five proposition. it's all day and into the night.

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it's that time. time to pay up. mayor breed making good on her super bowl wager. >> thank you so much for this outstanding payoff of our super bowl bet. >> that is kansas city mayor enjoying his wager he made with the mayor he was racist about the team eating the niners and says he looks forward to their teams playing again. >> oakland has a new -- new

police chief. is it possible to create a downtown santa clara? those stories and more coming up on our 7:00 news. tonight, the dramatic announcement from the princess of wales revealing she has been diagnosed with cancer. princess kate after months of silence releasing a video message with the news she was diagnosed with cancer after major abdominal surgery and is undergoing chemotherapy. the 42-year-old calling it a huge shock and describing the difficulty of breaking the news to husband prince william and to their three children, and it comes as king charles faces his own cancer battle. also tonight, terror in russia. gunmen in combat fatigues opening fire and setting off explosives at a large concert hall. at least 40 people killed. 100 others injured. a massive inferno erupting. the terror group claiming responsibility. the grim discovery in the search for missing college