Victims told me, theyre pleased. Representing the victims families, saying theyre pleased and it is the first step in getting accountability and justice. Theyll be back in court and the trial in the ghost ship case is expected to take place sometime next summer. Abc7 news. All right. Thank you. There is a new twist in the kate steinle case. The attorney for the man acquitted of the homicide want his one and only gun possession conviction tossed out. Theyve asked for a new trial. Live in the newsroom with this new development. We knew the defense was going to contest that one conviction. Now, if they prevail and the conviction overturned, well, Garcia Zarates attorneys insist the federal government should not try him on any charges of possessing a firearm. But they plan to. . In this motion, jose ines Garcia Zarates lawyers say for a brief moments, their client held the gun after it went off and then tried to quickly get rid of it by throwing it in the waters of the bay. That they say is momentary possession which is not considered unlawful. The gun fired. At that moment he knew it was a gun. As he threw it, he had this very momentary possession that they of. The defense has maintained that Jose Ines Garcia zarate found the gun wrapped in a piece of cloth under a chair at pier 14. And while handling the gun, the gun went off. The prosecution has until january 2nd. It will not affect his sentencing date. Because he has served the maximum penalty. Hes been indicted on federal charges of being a felon in possession of a firearm and ammunition and for being an undocumented immigrant in possession of that firearm. John creighton is a former prosecutor. Once the state proceedings are resolved, the defendant will not be released into the community because there is a pending federal warrant, and the federal government will come and pick him up and take him into federal custody. Now, in some person is allowed to be released on bail. That will not happen. In this case, which is so closely watched by so many in this country. In the newsroom. Abc7 news. Thank you so much. Californias Senate Leader is in damage control after claims of sexual misconduct. Today, senator tony mendoza was asked to take a leave of absence while the Senate Investigates reports from staffers that they were sexually harassed. I have never witnessed any behavior that was inappropriate. I have never witnessed any behavior that was out of bounds. Had i witnessed any behavior, i would have addressed it immediately. Deleon also promised to reveal secret records. It may be the middle of december but parts of the bay area are on fire watch. With dry conditions and strong winds in the near future. Eric stops live in the Oakland Hills where those conditions and damage to one of the main escape routes have residents on alert. Reporter heres the problem. Snake road. It was damaged earlier in the fire. It is one of the major arteries out of here in case of a fire. Apparently a lot of people dont know that. Theyve come up and head back down. It has everyone worried. A 40foot high wall of flames. Thats what he saw before evacuate go. Two were destroyed. His was damaged and will be out of his home four to six months. Were getting ready to go. We rode i know what the battalion chief who commanded the response to the fire earlier this week. It was driven by gusty winds and hes keeping an eye on the winds this weekend in case it happens again. Crews have been vised to patrol a little more. We dont see any real threat. But could happen in minutes which is what happened in the firestorm that destroyed 3,000 buildings and killed 25 people. Back then, the narrow winding evacuation roads were clogged. Today, theres one less road to use. Right now, snake road is still closed. Were waiting for a geo engineer to come and assess the situation. The only thing i got concerned that is whether the fire, whether it could get down here fast enough. Fire undermined snake road. The closure separates fire crews south of armor drive from their colleagues north of it. See evacuees will have to use the same way to get out. Theres a thorough fair that they could take. In fact, any road that featured a double yellow line will lead down to a thorough fare and to safety. The National Weather service issuing alerts on some winds that may be a problem. Clear conditions, mild conditions and calm. The winter wont remain calm very long. It will stay in effect until 10 00 a. M. Sunday. North bat 25 to 30 miles an hour. Gusting to 50 miles an hour. A fire weather watch will be in place in the same time period. The day Time Community will be very low. The wind can gust to above 50 Miles Per Hour. Especially in the higher elevations. Ill give you a look at the forecast in a few minutes. Okay. Thank you very much. Dangerous fire conditions claimed the life of a firefighter. He was killed on the front lines of the thomas fire in ventura and Santa Barbara counties. Sources tell abc7 news, the firefighter was killed south of highway 126 after being overcome by whats called a burnover. The chief identified him as 32yearold kory iverson who has been with the agency since 2009. He is survived by his wife ashley. His 2yearold daughter evie. Kory and ashley are expecting a second daughter this spring. The thomas fire has scorched 379 square miles after it broke out last week. 8,000 firefighters have been assigned to this blaze. A swimmer is in the hospital after being bitten by a sea lion at the aquatic park. Sky 7 flew above it. It it was just before 2 00 this afternoon. One long time swimmer says people sometimes have a problem and it usually happens during the mating season. If they sunk their teeth in, they could pretty much leave with your feet. The man flagged down a boat and a police boat took man to shore. Now to the fight over the internet. The fcc approved a controversial plan to repeal obama era Net Neutrality protocols. It was split across party lines. The fcc voting to roll back Net Neutrality. Previously forced to take all web traffic equally. Those rules stifled the free market this decision will not break the internet. We are reverting back to the highly successful bipartisan governmental approach that existed before 2015. The bold change embase braced by the white house. The internet giant comcast saying the returns to a regulatory sprirmt allowed the internet to thrive. But democrats blast go the move as paying into the hands of the public. It can be seen as handing the keys to the internet over to a handful of multibillion dollar corporations. Netflix calling the decision misguided. Protesters echoing that. Its the internet. Not the elite net. Its not supposed to be for some people. Its supposed to be for all people. In the end, thursdays 32 vote. It could be months before it go into effect. In the meantime, they are threatening lawsuits. Todays decision by the fcc could have a a blockbuster decision in the entertainment world. Disney is buying a large part of fox. It includes 20th century fox film and television i know what a broad collection of cable properties, including fx networks, nat geo, National Geographic channels, and fox sports channels. Flox keep a separate company that will keep Fox News Channel and fox sports one. North bay neighborhood lighting up the night. In honor of a victim of the mass shooting in las vegas. And they carry special cargo. Safety preparations are underway for the services for the late mayor ed lee blooflt cones have been set up around the flowers at city hall. An indication theyll stay through weekend. A public viewing under the city hall rotunda funeral. Both are open to the public. But the city expects large crowds of mourners. For those who cannot fit into city hall sunday, there will be a live broadcast at the library across civic center plaza. Friends of the novato mother killed in october want to make sure her mother and children know they were loved. As melanie shows you can see orange lights wrapped around garage after garage in this novato neighborhood. We were trying to think of a way where we can really honor stacy and just show vinny and the kids how much we love and support them. She had an orange couch. But where to go in december . We werent sure if it was possible. She emailed ross young, one of the owners. We knew it was something we wanted to do. We contacted our warehouse. We said were looking for orange lights. I had them in my house in two days. There was a note about stacy and the surprise to surprise and honor her. Shes not coming back. The longer everybody rallies around the family, its better. Its good. Abc 7 news. An activist group is holding ahtigil to mark the fifth anniversary of the mass fatal shoot go at Sandy Hook Elementary School in newtown, connecticut. The gunman adam lanso walked on to the campus and killed 20 children and six adults. The 20yearold killed his mother before the school shootings. The group known as peace novato says it will draw attention to hundreds and thousands of victims of gun violence since the massacre. An evacuation is underway. The roof fell on the trio bat 12 30 this afternoon. Two were able to get out on their own. The third needed help from firefighters. Were told it was supposed to be a fast food straumt. A major increase. Many are affected by drought and beatle investigations. They hope to thin out at least 10 miles. Critics say the burns release greenhouse gases, kill grasses. It is still sunny and mild. Heres a live view from our camera. These are our current temperature readings. Mid to upper 50s at oakland and mountain view. Check out the bright sky. Vinyl degrees in santa rosa. Napa, 57. 55, novato. Upper 50s in concord and livermore. And once again, a little hire perspective. These the forecast creatures. Well have a chilly start to the day tomorrow. Well see mild conditions in the afternoon. This dry sunny pattern will continue over the weekend. Overnight, look for mainly clear skies. It will be cold a little lower than mid 30s. A couple degrees below freezing. Just barely above freezing at napa. The lows will be in the 40s. Tomorrows highs will be in a range similar to today. Perhaps a degree or two lower. Well see mid to upper 60s. Lets look at the air quality. The poorist air quality at the bay. On saturday, the day after the winds intensify, we expected the intensification wind tomorrow. Well see good air quality in most regions. So thats a sharp improvement. Lets look at the projected wind gusts starting tomorrow afternoon. During the late night and overnight hours. The winds will intensify rather gusts between 25 and 40 Miles Per Hour across most of the cabrera. And they wont diminish much going into saturday evening as many have russ going on the town or maybe just out of town. Well have a strong wind gust. Those gusts will diminish. Well see a more normal range. Im going to next week. December 20th, right at 12 00 a. M. , midnight tuesday night. A little rain will be developing. By midday wednesday, there may be some light rain pushing down. Some snow into the sierra. The rain will have ended here in the bay area. Maybe about a 2 degree drop next week but it will be milder than average. Thank you. Just ahead, it may seem like a it feels good to be back. Anyone who has traveled with children knows how difficult it can be. There yet . Teaming up with Consumer Reports with some advice on how to choose a good stroller for your next family getaway. A safe stroller is priority number one. I know what testing stability and breaking, Consumer Reports tests ease of useful. We test for, is it easy to get in and out of your car trunk . And when youre at the gate, does it fold up simply and quickly . Consumer reports wont recommend a stroller that doesnt meet standards. And your regular stroeler might be just fine to travel with. But some features can make navigating the airport a little easier. Maneuverability is key. The wheels should be responsive. The chicco bravo system attea best buy. Ingiven high marks for maneuverability. The infant car seat can be popped right into it. Another good option is an umbrella stroller. Theyre light and theyre great for getting around amusement parks. This is compact and light weather and w a reclining seat. At 80, it is a best buy. The quinney jazz does not combine. According to Consumer Reports, testers, it turns on a dime moss will let you take it for free. The same goes for your childs car seat. If youent wont be using it. People hoping the enjoy fresh dungeoness crime will be paying more. The price has doubled since the season began in november. Fishermen say this is not a lot of crab to calf. The commercial season along the California North coast has been delayed again after testing found the crabmeat is just too low. Researchers studied 1500 kids and found those who had positive family meal environments at age 6 tended to be more physically fit, less aggressive and otherwise well adjusted. It was described as one rich in conversation and acceptance and low he in when abc7 news continues, the outpouring of support for a major from dennys. Com. Or pumpkin pie with every 20 order you can eat it wherever you want, even if you are in someone elses house. Santa. Enter promo code, freepie, on your next order at dennys. Com when you have doctors working as a team for your health, you get the care you need to help you thrive. Visit kp. Org to learn more. Kaiser permanente. Thrive. Well see what the impact is. What you should be doing with your cell phone. And the holiday season. All of that and more coming up in half an hour on abc7 news. Baseball fans are praising the st. Louis cardinals for the accommodation of a ball player who grew up in pleasanton. His mother was diagnosed with als last may . The executive billy bean called the cardinals one of the classiest organizations in sports. Fans are responding on twitter under hashtag piscotty. And a fan wrote, it makes me so proud to be a fan. We appreciate your time. Tonight, breaking news. Your money, your taxes. And president trumps tax plan. Is it now on shaky ground . The senator who says he is now a no. The president can only afford to lose two votes. And tonight, who benefits the most . The wealthy, the middle class . Tonight, the numbers right here. Also tonight, two Police Officers shot in the chest. Their bulletproof vests saving them. The standoff all day. Treacherous ice and snow in the next 24 hours from michigan to new york. Another system in the midatlantic right before the weekend. Were tracking it all. The blockbuster deal. Our parent company, disney, reaching a major deal to acquire a huge part of 21st century fox. Could it change the way many Families Watch movies, tv, sports . Allowing you to decide when and where youll watch. Omarosa, oneonone tonight. What really happened at the