Controversial arrest this summer, an arrest some say involved Excessive Force. The arrest is led to an internal investigation involving bart police. Abc 7 News Reporter has reaction tonight from the force. Down on the ground get on the ground. Reporter this is july video of bart police arresting michael smith. He and his pregnant girlfriend, andrea appleton, were getting off bart. Get down, get down. We didnt know what for. Reporter bart just received this report. On the bus right now, getting off, just starting to rob me. We believe he has a weapon on him. Reporter the man who called 911 had been cursing at them and telling them they smelled. Neither smith nor appleton was armed. Do you believe your officers used Excessive Force . Absolutely not. It was absolutely a perfect response to what they had, a person with a weapon. Reporter you see the officer hit smith after submit spit. Some say it was a punch, another a distraction blow. Reporter another placing a knee on her back belly down caused her to miscarry. I went into deep depression. Reporter the District Attorneys Office said skmit was acquitted on three battery counts and hung on four others including resisting arrest. Three of us were adamant that it was excessive foe, and he had every right to defend himself. Reporter the downtown a. Deciding whether to retry. Case. A spokesperson says the video the public defender showed was edited, quote, in excludeing the evidence, the judge cited editorial choices made such as altering audio levels and omitting where the suspect bit and spit on officers. The officers involved are still on patrol, and the results of the investigation will not be made public. In San Francisco, abc 7 news. Happening now, San Franciscos Police Commission is debating changes in the departments use of force policies coming just one day after the departments new chief was announce. Today, incoming chief bill scott visited mission station. Scott is in favor of the use of tasers and other nonlethal options. At the meeting, they are expected to consider whether officers can shoot moving vehicles. The Police Officers union said allowing that without first tasers leave officers no choice but to use lethal force. The debate has not started yet. We are in the meeting with a live update tonight at abc 7 news at 11 00 on channel 7. Ed lee is reacti to ubers decision today to stop its selfdriving car program in the city. It came after they pulled registrations for the cars because they were not marked as test vehicles. The mayor lee released a statement saying, i have always been a strong supporter of innovation and Autonomous Vehicle development and testing, but only under condition that put human safety first. Ubers statement says were looking where to redeploy the cars, but commit to california. Uber and dmv were scheduled to meet today as concerns rise about the safety of the selfdriving cars. An eber car blew think a red light. Uebe said it was not selfdriving moetd at the time, but people had ridden in cars that were. In the course of the trip through the streets of soma, made two illegal right turns, while in selfdriving mold across a bike lane, classic right hook turn that is a real safety hazard for people who bike in the city. Mayor ed lee told us earlier today uber should take the selfdriving cars off the road until it gets permits, something he said 20 other companies in the it is more committed to the rules. A taxi driver is accused of sexually assaulting two people, and police want to know if theres potential victims out there. The Police Department announced the arrest of sanchez this afternoon. One of the reported victims says she was drunk and woke up inside sanchezs home while being sexual assaulted. Campbell police say sanchez is known to frequent downtown areas throughout the south bay. Police encourage anyone else who is a victim to come forward. Tonight, more than 100 people turned out to honor a wellliked pawnshop owner killed in an armed robbery. Abc 7 news was in front of Pawn Advantage where a large vigil was held tonight. Police identified the victim of yesterdays robbery as the owner of that pawnshop, 29yearold timothy halt. Police are looking for the two men who shot him in the robbery. An employee who was already in a wheelchair was seriously hurt in that holdup. His beloved dog was also shot and killed. New details tonight in a hitandrun last night on the peninsula. The police tell us the man hit walking in the crosswalk has died. Investigators are still looking for the driver whom they believe was in a red suv, a rav 4 or a similar model. Were hearing from the Good Samaritan who pulled a man from his burning car this morning saving his life. Two other people died in the accident. Happened just after midnight on a rural stretch of peabody road. Reporter these are the remains of a headon collision, charred shells of a lincoln suv and charred sedan, two people dying burned beyond recognition. Hard enough to look at now. Rescuing the driver of the suv. He was yelling the whole time. He he was still legs were on fire. I tried to pat it off, tried to get it off. Reporter seeing the accident in the rearview mirror, he turned around. He found two cars on fire. The two victims in the burning lincoln were unresponsive. He couldnt get to them. They were at least unconscious when i first seen. They it was just like, there was just like, you know, propped against their air bag. Reporter the rest still a mystery, how the accident happened, which car strayed into the other lane, whether alcohol was involved, why the cars caught fire. Fairfield Police Sergeant has no explanation. Its pretty unusual, in my view. Like i said, ive been a Police Officer for a long time, seen a lot of collisions, but never seen two cars catch fire the way these did. Reporter roughly 12 hours after the accident, peabody road reopened to traffic, no sign of what happened here other than black scars on the pavement and a hero who even now thinks not of himself. Most part, its not about me. Its about, like, the people that was in the accident and then their families and everything, and i send my prayers out. Reporter in fairfield, abc 7 news. Cities are stepping up inspections of illegal Living Spaces because of the ghost ship fire in oakland. Thats artists worried about eviction. City hall activists delivered 10,000 petitions asking for a moratorium on unsolicited expectations and waive fees for building upgrades. The board overseaing the inspections take up the issue next month. Departments might be embarrassed because it looks like they were not doing their job, but i think theres a balance that can be struck between helping people get these buildings up to code and buildings to be safe. While the meeting was still going on, inspectors visited this artists living space near the farmers market. Abc 7 news also got a look inside. Well, its into the new year before community in the south bay has Safe Drinking Water that doesnt come out after bottle. We first looked into the water issue monday. Today, the lan lord says why he thinks the state is wrong about whats happening there. Yeah. The property in question here is in a rural part of san jose. Its a former resort with cottages that had been converted into apartments. Abc 7 News Reporter dick lee has the followup seen only on abc 7 news. Reporter the tenants of twin creeks properties, and old resort converted into an apartment complex, say theyve been out of water off and on since november. No running water. We cannot bathe. We cannot cook. We have to use bottled water. Reporter the state Research Control board tells them to use only bottled water. The agency says the landlord was illegally using a spring as a water source that was contaminated with e. Coli bacteria. We ordered them to disconnect the spring. Reporter the landlord says the well on the grounds supplies most of the water. The spring was a backup, which was used when some of the pipes froze during a cold spell. He reconnected the pipes defying the order. The agency, and full knowledge of the tanks. Reporter he says hes had the water tested on his own, and the e. Coli is gone. The state water agency disagrees. The spring does not receive treatment and the water system never saw a permit to provide treer treatment. Reporter the landlord says the spring was grandfathered in when the property was developed in the 1940s and does not need a permit. Tell me its unapproved. Its not backed up by any statute. Its not backed up by any law, and as a matter of fact, it is criminal. We can use the court system. We can use the state attorney general to per sue this. Reporter he says hes a victim of oppression. The state says, hes violenatin the law. Theres more to come, abc 7 news. Coming up next at 9 00, the search tonight for a man on the run. Coming up, the man who hid in a shopping mall, spending the night, and what he did afterwards having police needing help. Whats wrong with this picture . A Surveillance Video carrying a warning. First day of winter felt like spring. Breaking news in San Francisco on story we just told you about. The Police Commission adopted a use of force policy putting a ban shooting at moving vehicles and choke holds and a type of neck restraint. We are inside that meeting. We just tweeted an update. This is a hotly debated issue. Shell have the fallout at 11 00 on channel 7. A man taking 100,000 worth of jewelry from a Sears Department store in the valley shopping center. How he got away with it will surprise you. Reporter this man caughtn video hid inside the Department Store in concord last friday night. We believe he was in the storage locker or storage room in the back of the sears. Reporter once everyone was gone from the store, he made his move. Police told us the man looked around the store until he decided to steal what was inside one of the jewelry cases. Nearly 130 expensive rings. The robbery wasnt discovered until saturday morning once the store opened. The man may have left through an exit door that has Quick Release bars. Sears employees came to the store and found a jewelry case smashed and merchandise in excess of 200,000 stolen. Someones getting a nice gift this year, i guess. Makes me sad people want gifts so bad at christmas they forget the holiday spirit, you know what i mean and get something for the significant other and just, like, steal things. Reporter others found the entire story amusing. I cant believe sears of all places, stay behind in the store and take something, anything. You dont shop here, i take it . I take the 5th. Reporte im not a jewelry person, into clothes and shoes. Reporter police hope the public can help identify him baups he made no effort to hide his face wearing a baseball cap back to front. Abc 7 news. A man posing as a pest control worker is wanted for trying to steal from a San Francisco business. Take a look at how he got in the building. Police provided the video. He was fully covered in a white suit and seen showing an ortho card and signed in an security desk. It happened in hayes valley. He was caught trying to steal computers. The guard chased him out, ortho is a brand of pest control, not a pest control company. The Sheriffs Office is taking action to stop package thefts. The Office Tweeted a picture of a bait package. They are placed around the county, undercover deputies are watching. As one tries to swipe a package, they end up in handcuffs. If you are not going to be home, have the packages delivered to the poegs office. Some thieves do not wait. This shows a driver fending off a carjacker who wants to take the truck filled with gifts. Abc News Reporter has the story. Tonight, Holiday Package thieves are shooting straight to the top of the naughty list. Watch this fedex driver near phoenix running to stop armed suspects from stealing the truck, jumping and holding on as it speeds away. This is the peek week for deliveries, and tshipping surge brings out the grinchs, but porch pirates are going for the mother load, package filled trucks. In chicago, police say these two targeted a ups driver pointing a gun at his head. The u. S. Postal service on the lookout too. This time of year, its a crime of opportunity. That fedex driver in arizona was not hurt. His truck later found. Police tweeting, christmas is back. And ntives in arizona are still trying to figure out exactly how many packages were taken from the fedex truck and to find the suspects who are still on the loose. Clayton sandell, denver. A driver in the east bay had a hidden stow away inside the engine compartment to the car. Giggles, the cat, crawled into the inner fender to the front of the right front wheel and rode to walnut creek. They posted pictures of the firefighters taking apart the lower wheel to get the cat freed. Giggles was not hurt, but certainly very happy to see his owner. Just trying to stay warm or just had to do some shopping, get to point a and b. Had to get to the mall. Lets check the weather. It is first day of winter. Thats right, actually. We have the forecast. We got rid of the cold today. Its warm. Mid temperatures at this hour. Tomorrow, no worries, sunshine. Its really friday when the rain returns and really heavy in the morning. Live doppler 7 now shows a quite picture. A nice day. A lot of sunshine. It was comfortable. We had a lot of spots in the 60s, and well have another mild day on the way thursday. Outside we go, a live look from the explore tor yum camera, a gorgeous video of the city, all lit up for the holidays, just a few days away from christmas. The forecast calls for a cold morning, but a really sunny afternoon. We have a spare the air day in effect again. That means you cant burn wood for 24 hours. Tracking the next storm on friday, and there was a slight chance of rain coming on christmas night, but the bigger storm is on friday. Out there right now, 53 in oak lant, same in San Francisco, a chilly 39 in nevada, and 52 degrees, holing at 46 this hour in anticoch. Most spots you can see not incredibly chilly compared to the mornings previously this week. 40 overnight in san jose, 45 in San Francisco, and 42 in oakland, and halfmoon bay at 46 degrees. Thursday after the cold start, its a nice afternoon. Temperatures in the 50s, a co couple 60s, 59 in San Francisco, 58 santa rosa, and with the spare the air day in effect, the air call quality pours in the north bay. Next 24 hours, illegal to burn wood. Storm impact scale, bringing it back to friday. This is going to be a 2. Aed modera d a moderate storm. Mainly in the morning, a damp morning and evening commute. We could see gusts 3040 miles per hour. Theres a punch as the system heads our way. Hour by hour friday morning, getting you in the morning commute. 5 00 in the morning, future weather picking up a line of downpours through the paths of yellow on the screen. The showers continue into the midmorning hours, into the afternoon, they break up for scattered showers in nature, but looks like much of the friday you need the wet weather gear as it will stay unsettled throughout the evening hours as we approach midnight coming saturday. Future tracker rainfall totals sees a good soaking, a quarter to three quarters inch of rain is a good estimate for most urban areas, and the hills could see more than that. We have a winter storm warning in effect. Friday morning through saturday afternoon, do not try to travel into the sierra friday. Its going to be an absolute mess. Future tracker snowfall could see a foot atop the city. 17 inches in kirkwood. Going to have fresh powder for christmas. Tomorrow, its chilly in the morning, but a nice looking day. Friday, its rainy and windy, a 2 on the storm scale, Early Morning shower saturday, christmas is dry, a chance in the evening, and really tuesday and wednesday, mainly sunny and friday morning just a mess out there. Looks like it. Thanks, drew. Sure. Next, a man who is famous for pranks says its no joke. He documented what he calls a case of discrimination as he was kicked off a flight. What the airline is saying about it tonight as we continue. A youtube star known for pranks kicked off off the plane for speaking arabic, but the airline says theres more than to the story. Youre racist. I cannot believe it. I spoke another word in another language and youre uncomfortable . Posting video on twitter about him and a friend to be taken off a new york bound plane. He said they were removed after passengers complained they felt uncomfortable speaking arabic. The agent said its not a prank. Delta said, quote, it appears the customers who were removed sought to disrupt the cabin with provocative behavior including shouting. This type of conduct is not welcome on any delta flight. Today, delta anounlsed they will no longer require medical professionals to give sick passenger help. Facebook that a delta flight attenadapt didnt believe her she was a doctor and accepted help from a white male doctor on the plane. The posting went viral. Now from chicago, a man is t loving one of mcdonalds extra value meals. Jameis claims that the cheese burger really is not a value at all. He says that bundling two cheese burgers, medium fries and medium drink is 41 cents more than when the items are purchase the separately. They are suing mcdonalds and seeking class action status. Its not about the 41 cents, but the principle. Turning now to the busy shopping week with just a few days before christmas and hanukkah. Yeah. Tonight, a warning for shoppers out there, the changes youre going to see around the bay area because of the attack in berlin. Plus people are coming in, you know, i need to get this before we cant. The end of the year means the end of some options for gun buyers. Next, see what selling out before the deadline. The big rig driver accused the big rig driver accused of did you know slow internet can actually hold your business back . Say goodbye to slow downloads, slow backups, slow everything. Comcast business offers blazing fast and reliable internet t