Shooting his sister. This happened this morning. The 17yearold girl in an apartment on franklin street between 8th and 9th street. Nick . Its called City Center Apartment complex. And i want to you take a look behind me because this is still a developing situation. Justice toliver has been identified as the 17yearold victim the shooter is still at large the family learned justice was shot by her younger brother, mario toliver, only 14 years old. Now, according to family, justice and mario got into an argument over the bleaching of his clothes now, sky seven hd was soefr the scene the grandmother and shooter spoke just a moment ago and gave this plea. So once again, grandson, grandma is asking you to please dot right thing. Please. And i love you. I love you with all of my heart, mario. The grandmother, the police, everyone is looking for 14yearold mario toliver. This is a developing situation, i spoke with antown parker the older brother of both justice and mario and asked me to ask his younger brother if he is anywhere, they do not want to see him hurt. We understand justice is a mother shaez a 3yearold daughter renaya that will be going to live with the grandparents. Justices father just arrived on the seen. They found out she has been shot through social media. Were continuing to learn more from police on the scene and know the body, justice is still upstairs and we know the coroner is on the way. Bon behalf of the family theyre asking if mario is watching he call one of them or call the police nick, thank you. Max wade the marin county teenager who shot guy fieris lamborghini and pulled a drive by shooting received a sentence. Life plus 21 years. Max wades plans for another crime, a robbery of a Jewelry Store that i reported last night played to role today as the judge wouldnt allow it in but gave wade a serious sentence. Max wades mother pledging to continue the fight. Its not over. Not over. The judge only allowed a photographer from wades Old High School newspaper into the hearing. Wade has no rye rooe yaks. He was calm and collected and didnt say anything. I think max was prepared, prepared himself for what is probably going happen today the judge sentenced wade to life and a 20 year gun enhancement for a drive by shooting. Wade tried to scare a teen who dated a girl he liked the two were in this truck. The judge said they were luck yes to escape with their lives, also receive 16 months for repelling into a dealership and stealing a lamborghini. This case is not about a lamborghini or a celebrity. Its someone came within inches of taking two teenagers lives i spoke to the two detectives that cracked the case. One thing i told him is that i didnt feel comfortable walking down the same sidewalk as him. That, i think in spite of that, i wont want my mom or my girlfriend to be walking down the same street as max wade. Its sad for someone 17 years old to be looking at this incredible sentence but he had planned it out carefully, more carefully than many adult offenders weve seen. Wades attorney planning an appeal but at this point will have to spend 15 years before being up for parole, hell be 34 before he has a chance to get out of prison, a long time. Thank you. Well, the investigation continues, Funeral Plans being finalized for a bart Police Officer killed accidentally by his partner. Sky 7 was overhead as the body was fwrouth a funeral home in hayward. Were live at the church in castro valley. The memorial will be held. This is the neighborhood church. Im told the pastor here is the chaplain. For wednesdays service im told they plan to accommodate an overflow gathering of more than 2,000 people. The dispatch recordings on the frequency tuesday afternoon first indicates that someone has been hurt and then, how. Is anyone hurt . This is friendly fire. The scene is unfolding there is an indication there is no suspect at large. Weve learned Sargeant Tom Smith was shot by michael mays inside of the apartment of an armed suspect. An autopsy revealed smith died from a wound to the chest despite the fact he was wearing a bulletproof vest. This morning his body was transported to hayward. His wife and family appeared to be standing by. About the same time, the bart asked for a moment of silence for smith. A 20 year veteran of the force. Husband, and his pride and passion for his wife and daughter. He enjoyed spending time with them at disneyland. He revealed two were wearing cameras but the chief said he did not know if they recorded the shooting. Bart set up a Memorial Fund and we have the address and number at abc7 news. Com if youd like to help. A viewing scheduled for tuesday night and will be on wednesday at neighborhood church. A deadly crash this morning near petta luma. Patrol says he was attempting to pass two cars the man driving a cobra kiss sports car just south of petaluma. The bay area under two weather warnings tonight. Spencer. On this mild evening, clear skies mainly. Taking a look at beach hazards we have rising wave heights until tomorrow at 9 00 at night that, is. Were going see wave heights at 20 feet or higher and maybe 40 feet or higher at mavericks we have fire weather concerns in effect for high fire danger for hills and mountains until 1 00 in the afternoon. Gusts exceeding 30 miles per hour. Humidity is low. And winds strong and warm. Thank you. To the surf conditions now, big waves expected are attracting surfers from around theed world. Some worry waves could be too dangerous for surfers. Swells will be higher than those seen today on half moon bachlt that is as tall as a fivestory building. Are you worried . Absolutely. Its just dangerous and crazy. Its gooding to be a big swell. The surf competition gets underway tomorrow at 8 00 a. M. Keep in mind traffic is expected to be heavy and bit way were going to stream the contest tomorrow. So check that out. University students back in classes and Health Officials doing all they can to keep them from getting the lieu. Students are getting a cold and flu care packet and a thermometer. Uc berkeley is offering flu shots to students coming back for spring semester. Still ahead a major gun manufacturer choosing to stop selling weapons rather than obeying a law. A pair of teenagers. Their science project could help save your live. A couple has proof they paid a garbage bill but the company wont believe them. Wont believe them. And good. Good answer. Check it out. Learnings fun now. Yeah, back in our day, we didnt have uverse high Speed Internet to play and learn online. All we had was that franklin fuzzypants. Ah, the educational toy bear. Remember when the battery went out . Give me [slowly, deeply] your abcs. All i learned was a new definition of fear. I need some pudding. Yeah, theres one left. [ male announcer ] connect all your wifienabled devices with uverse high Speed Internet. Rethink possible. For the second time the Brentwood School district settled a child abuse case. This time, for 8 million. Both center around this woman, dina holder. That cost the district 950,000. Now instead of being fired or disciplined officials transferred her to cray elementary. A mother of one of the victims sent us these photos of her 3yearold daughter who had an encounter withholder. She had come home with scratches from forehead to her neck. Holder since left the district the skrikt will pay 8 million to families of children who were abused by holder at both schools. Flight attendants and airport personnel being trained to help stop one of the fastestgrowing crimes in the world, Human Trafficking. Experts say signs of Human Trafficking include a person not having usual items when checking in or not being able to speak for themselves more people are moved within the United States with the bay area as a popular destination. What happens is that pimps and traffickers are saying hey, come to california its the land of promise. And theyre showing up and then, being exploited for labor. The goal is to get all bay area airports trained to spot Human Trafficking by 2016. Smith wesson says it will stop shipping semi automatic pistols to california smith wesson today saying it does not and will not include micro staffing in firearms, saying it serve nose purpose and not proven to aid in preventing or solving crimes. Two south bay students are showing great promise as future scientists, among eight teens just named as finalists in the talent search. Abc7 news found how the projects may lead to healthier lives for the rest of us. This is the captain of the varsity debate team. Natalie ng on the golf team. Theyre known as budding scientists, both vying for a top prize in the talent search. A three d structure of g protein coupled receptor bound to selective from predictions. Hes trying to identify ways for medicine to work better with cells. In order for us to understand how to build these medications, my project is able to give us some more guidance and intelligence in that area. Natalies project focuses on breast cancer, pinpoint whying cancer spreads in some people and not others. Im interesting in genomics, what impacts disease and how diseases progress through our genetic makeup. He believes his debate skills will help him and by persuading funders to back his research. In science one of the most important parts is the ability to communicate your ideas because its not sufficient that you just have the ideas you need to communicate it and you need to let an audience know of the scope of your ideas. Both students have perfect grade point averages however, the principal says theyre well rounded how they find time to manage it and to have a circle of friends around them is remarkable. A happy birthday tonight to mars rover opportunity. Its been crawling on the red planet ten years. Scientists say there is no reason opportunity shouldnt go on another decade, too. The rover has been a valuable addition to space exploration. A new study of rocks found that the oldest yet of 4 billion years oxed now opportunity inched 24 miles since landing ten years ago. Remarkable. Yes. It is. Lets talk about something amazing here. Weather. Yes. Its just about that. Were hoping for a cool down, soon. Here is a look at live doppler seven hd. Clear skies and high clouds travel throughout the skies during overnight hours. Clouds over around lake tahoe today. And some light snow, looked like blizzard conditions. Weve had 72 degrees in oakland museum. Tieing the date. Looking from our tower camera, temperatures mid to upper 60s and san jose and los gatos and another live view from our east bay hills camera, western sky has after glow of sunset. Its 61 now in santa rosa. 54 napa. 51 fairfield. And these forecast features well have a red flag warning in hills around the bay area. Less through afternoon, High Surf Advisory through friday into night time hours. It will be dry, mild, right into next week before we can expect change in the weather pattern. That isolated storm moving through today small disturbance produced a little snow that is going to bring clouds overnight through the bay area. No rain will accompany clouds just partly cloudy. We might get moisture following a ten day outlook. Still moisture moving here but we expect trace amounts or drizzle or light showers but that will be enough to give us help for wetter weather later. Overnight tonight dry, and clear and mainly chilly near the coast. Tomorrow, sunny skies and high clouds. High temperatures from mid60s on the coast to near 70 around the bay. And by mid week look for highs into mid to upper 70s inland. Sxarn the bay. Upper 60s to near 70 on the coast. That is what is coming our way. If were lucky. Just head a woman glup a family of porn moguls and telling her story on st bulldog bulldog oh boy mattress discounters president s day sale get a queensisize sealy gel memory Foam Mattress for just 497. And get four years interestfree financing on the entire tempurpedic cloud collection. [yawns] turn around every now and then i get a little bit hungry and theres nothing good for me around turn around every now and then i get a little bit tired of craving something that i cant have turn around, barbara forever ive been praying for a snack in my life and now i have a brownie ending all of my strife i finally found the right snack the daughter of an infamous duo is speaking out about her life in a play. Shes a porn kings daughter. Its a one woman show about the family business, pornography. I started to be aware he owns that o farrell theater. Liberty Bradford Mitchell is the daughter of arty, who along with his brother opened the ofarrell theater in 1969 producing one of the first fulllength movies behind the green door. I love my dad and family. Its very difficult as a child to have to balance those emotions and judgment of others she remembers hanging out at the theater and now the play explores contradictions. Mom had until recently defended their right to produce porn stands up to watching Threes Company for its sexual innuendo. The painful cain versus abel drama. Michelles junkel jim killed her father, arty. In the lobby where her play just opened mitchell has photos of both jim and arty and other family members. This production has been canalling thartic. Im not sure here just to drag up the past. Its being a survivor. We can survive anything. Shes now a 43yearold mother two of living in l. A. No longer connected to what is still a family business. Well, still ahead here tonight at 6 00 growing death toll from this big rig pile up in the mid west and conditions that triggered it. Plus, beibs out on bail, befacing charges in florida tonight. And Michael Finney raises a stink over a female aouncer female aouncer its time to make room for the new mattress models, but sleep trains huge year end Clearance Sale ends sunday. Get beautyrest, posturepedic, even tempurpedic mattress sets, at low clearance prices. Save even more on floor samples, demonstrators, and closeout inventory. Plus, free sameday delivery, set up and removal of your old set. Dont wait sleep trains year end Clearance Sale ends sunday. Superior service, best selection, lowest price, guaranteed sleep train your ticket to a better nights sleep severe Winter Weather tonight. Three people were killed in this pile up an hour outside chicago. Cranes are being used to clear the screen. The coroner says Passenger Vehicles have not been fully searched yet. And a temporary morgue has been established at the scene. Fda says tonight there is no reason to believe the carmel coloring added to soft drinks is unsafe. It contains a chemical called 4 mei. There are no limits on this but here in california the state requires a warning label if it contains more than 29 micro grams of it. Pepsi one and malta goya tested over the limits. Cocacola found to have a lower amount. Pepsi said its in full compliance with the law. Justin beiber is in trouble with the raw law, again this, is his smiling mug shot after being arrested on charges of driving under the influence and police say the 19yearold was racing down a residential street in miami he appeared in court in miami this afternoon and prosecutors say his celebrity played in role in the courtroom, today. Well handle this case like any other case hes justin beiber. I handle cases the same michlt prosecutors say. Its based on law, evidence, and the best interest of the public. Screaming fans greeted the pop star today, he jumped on top of his suv to wave to fans before being ushered away of hes under investigation for felony vandalism in california accused of egging a neighbors house causing thousands in damage. And by the way there is disagreement over what could happen to beiber, who is a citizen of ka in a dachlt aclu contends any other immigrant would langish in detention, but a visa cannot be revoked unless the person has been convicted of a Violent Crime or sentenced to more than aer in prison. Dow jones average reacting to poor earnings reports and a manufacturing slow down in china fell today. Nasdaq off by 24. And apple went up today. Investor carl icon as of yesterday spent another 500 million today, hoping to drive the price up more. Toyota claimed title of worlds number one auto maker selling 9. 9 million cars last year. And top tesla says model s will sell for 121,000s ndz china sxez its taking a risk becau becaubecause have you paid a bill only to find the Company Never posted to it their account . It happened to one couple. They spent a year trying to prove they did pay and still, the company didnt believe them. They came to Michael Finney for help. Its trash collection day. Diane pulls cans back to the house and shows us why she got mad. The ordeal began a year ago. Her husband mailed in their quarterly payment of 77. We assume payment had been credited the next statement said they never paid. And my husband contacted waste manment and told that the check bounced. So diane got a copy of the check in fact it shows payment did clear, and Waste Management cashed it. So we sent it to Waste Management to show them that that payment had been already paid. They figured that would settle things the next statement said they still oweked money. I said we have proof that that check had been paid by bank of america. However, Waste Management said it never saw the check. Diane sent another copy. So by then, its been six months. And each time i speak to someone different. Waste management told diane the bank would have to send a copy along with a letter verifying its real. So, she did that, too. It was fast from bank of america. That wasnt enough. They said they didnt have it, they never received it. The company told her to take the case to the Research Department in washington, d. C. No one there could help. She was warned of a possible lien on her property. The fees and fines going to be added to property taxes if i didnt make the payment. Now, a year had passed. The couple contacted 7 on your side. We contacted Waste Management within 30 minutes i got a phone call from a supervisor Waste Management found out the payment had been posted to the wrong ak it corrected the mistake and giving the couple a full year of free service a spokesperson saying Waste Management regrets the bellgers experience we pride our self in Excellent Customer Service well provide free weekly trash and recycling service to the bellgers in 2014. Thank you. Thank you. Wed like to thank Waste Management for the quick response. And bellgers are delighted with the bonus of free trash pick up all year. Well, coming up next a remarkable story of a woman with severe form of epilepsy. And a procedure doctors use hey, buddy . Oh, hey, flo. You want to see something cool . Snapshot, from progressive. My Insurance Company told me not to talk to people like you. You always do what they tell you . No. Try it, and see what your good driving can save you. You dont even have to switch. Unless youre scared. Im not scared, its. You know we can still see you. No, you cant. Pretty sure we can. Try snapshot today no pressure. A bay area woman is behind the wheel a delicate surgery gave her back freedom to drive and more. Last few years have been a bumpy ride for the mother of two. She said she lost her drivers license but control of her life, as well. I would have anywhere from 5 to 20 seizures per day. The movements was typical of attacks. That but she was desperate. The doctor says they do believe they might be able to help her. Theyd have to learn where she were originating and whether it was in one area. Without causing harm in the area because was important. After performing tests surgeons implanted a sheet of electrodes on to her brain. Seizure coming. Now. That is it. As you can see we have localized the area that is caution the trouble. This is the tiny area of her brain. With the maps of the brain, the surgery could have left her with side affects including paralysis. She was left with some weakness but seizure free. Fantastic. I feel amazing. Not everyone is a candidate, he says the initial stages of the evaluation process involve noninvasive imaging tests. We have a story stream line process for laura, a first stop was department of Motor Vehicles she passed her test. And this case was severe, but doctors completed tests in about a week, isolating targets for her surgery. Coming up next a new way to get around town. One wheeled vehicle is more than just a skateboard. Stay with us. May be the most unusual way to get around town but only traffic jams are when people stop to, stare at it. Its a contraption called one wheel. First question is the same. Ive had cars come back to startling me what is that . And answer isnt straight forward its like a snow board the inventor gave it a name one wheel. Worlds first self bound electric skateboard one engineer spent nights cramming a bike motor hooking up batteries and doing a lot of math. We call it digital vehicle. That means riding determined by the algorithms forward to go, back to stop. I mean back, i stop. Its close to snow boarding on conskreet. Im not the science guy. Its mind boggling. But what about a novice . Its 2, 3 days this, is like 2, 3 minutes so strapped on a helmet and went for a ride that lasted three seconds. I didnt flip it. Hardest part is remembering its electric, in other words balancing for you. If you just sort of give yourself to one wheel. Its a gift that isnt cheap. Theyre selling for 1300 and up part of a campaign hoping to ship the batch in september. Saying its more than just a toy. Top speeds of 12 miles per hour, a 3 to 4 mile range. Hop you have and take it to your work or school. Commuting on one wheel. In San Francisco, abc7 news. Santa barbara woman getting flooded with birthday wishes tonight. Shes facebooks oldest registered user with 47,000 friends how old is she . So old she joined mj engineers had to reconfigure sign up because she couldnt enter her birth year 1908, shes 106. She is californias oldest licensed driver. She looks great. She does. Here we are. Clear skies over the bay area now. And no surprise tomorrow, sunny skies and mild again. High temperatures from mid60s to near 70s inland and around the bay. And tomorrow is a big day. Surfing competition your event planner shows temperatures will be around 50 degrees and low 60s, partly cloudy skies. High surf as you know. So waves quite high. Probably challenging for the surfers but dangerous hanging along the coastline. Here is the accuweather forecast. Warmer with highs reaching upper 70s inland locations. And bulldog bulldog oh boy mattress discounters president s day sale whats this . A queensize sealy gel memory Foam Mattress for just 497 . Mattress discounters has the Largest Selection of memory Foam Mattresses under one roof comforpedic, icomfort, optimum. And wow four years interestfree financing on the entire tempurpedic cloud collection. [yawns] dont miss the president s day sale. Mattress discounters good evening, last year, steph curry should have made the all star team this, year, no doubt. Final vote total as nounsed this afternoon. Curry averaging 23 points and nine assists per game. Hes the first golden state player voted to start in an all star game sense latrell sprewell. Steph one of four warriors today named to compete for a spot on u. S. National team. Here is steph on the all star honor. Cant put it into words. Its you know past and present now teammates have, one guy cant do it on his own this, is for everybody. Looking forward to representing the team down there. Peyton manning is one of the best quarterbacks, ever. Some feel hes got to win to truly cement his legacy. He threw 55 touchdowns leading number one offense from seattle. On Super Bowl Fund will be playing in his third super bowl. Its a big deal. We work hard to get to this point, two teams worked hard and have laid it on the line all season long to be here. So, there is no question. Its a big deal. Its very special. Giants and 19 rbis 102 games for giants. Balancefour, grant balfour, spending three and a half seasons with tampa bay and is outstanding as closer. Os expressed concern about his shoulder the Monster Energy super cross series comes on saturday. With its power and speed its intense and dangerous. But travis bell went over the handle bars and suffered a wrist injury that might keep him out of saturdays races. Yes its a similar kind of crash. I went over the front as well. And i said whoops and that is it we want to do well. So were going push our limits you know . Isnt that beautiful . Phil michaelson in abu dhabi last weekend. Stewart sink eight under 64 here. How about tennis down under . Rob labor in rob labor arena. Backs up his upset of jokavich. He might face Roger Fedderer but fed first has to get past raffle nadal. It will be a great match. Abc7 sports brought to you by orchard supply, hardware. This has been interesting because there are so many upsets. Its fun to watch. Not only. That part is who survives. At least those temperatures moderated. Y. Thanks. Join me tonight at 9 00, the rising lake of lava in hawaii what these images are telling scientists tonight. Then then at 11 00 surveillance cameras more homeowners installing them, now police want to tap into your equipment. That story at 11 00. Tonights prime time line up here we have the taste followed by shark tank. Its available on your smart phone, tablet or computer. Finally tonight thoughts about what really matters. A fiery debate happening San Francisco over banners hanging on lamp posts along market street. 50 of them, each pro claiming abortion hurts women as advertisement for a so called walk for life. Critics want to know why city law was violated by allowing them to be put up. Please hear me clearly on the point. My remarks are in the pro choice or pro life but they are free speech the First Amendment is the corner stone of this profession and foundation of this society our democracy is endangered when we begin to pick and choose who goats say what, and to whom. Tolerance requires tolerance. That we allow those we disagree with to speak freely. Too often those tried to overviews. What mat yirs is understand democracy requires disagreement. Id be delighted to hear from you on what you think on this, follow me on dan ashley abc7. That is our report. Im dan ashley. Im carolyn johnson. That does it for this edition of abc7 news our coverage continues now on twitter. From all of us here, thanks for watching. We female announcer female announcer get beautyrest, posturepedic, even tempurpedic mattress sets, at low clearance prices. Save even more on floor samples, demonstrators, and closeout inventory. The year end Clearance Sale ends sunday at sleep train. Your ticket to a better nights sleep oh, hey, i, uh, i found yourur lipstick. Oh oh, no, this isnt mine. This is sunset blush. I wear tiger orgasm. But it was in my apartment. [sniffs] i dont know why i told you about the poptart