They w air lift him out but the conditions just too dangerous for the chopper to land so he was taken in an ambulance by ground to santa rosa a memorial hospital. The chief says he has broken bones and called his injuries traumatic. So keep your fingers crossed update on the young man progress. Good evening im dan ashley. Amma on assignment. After more than two months of investigating the District Attorney office today decided it just does no the have enough evidence to prosecute ray mcdonald arrested in august after pregnant fiance reported she was the victim of Domestic Violence. Tonight we now know the rest of that story. 7 News Reporter vic lee. We have determined there is insufficient evidence to file charges against ray mcdonald. 49er defensive end ray mcdonald is off the hook. Mcdonald issued this Statement Today saying in part i cooperated fully with their investigation from beginning to end. I am relieved that the da office has rightfully decided not to file charges. Steven clark is a defense attorney and legal analyst. They couldnt prove the case in court. Not necessarily because it didnt happen. But because it wasnt trayable. Mcdonald was arrested in the Early Morning hours of august 31 at his home in san jose. His Birthday Party was winding down. Just before 3 00 a. M. His pregnant fiance called 911. District attorney memo about has the call. Mcdonald fiance called jane doe. Hello id like to press for a Domestic Violence. My fiance hes trying to pull me out of the house. Hes drunk. I think hes calling the cops. He hes trying to get me out. The police and da investigation show that mcdonald fiance initiated the physical contact. Mcdonald fiance said she only pushed hit. He told police she hit him numerous times. The visible injury resulted when he grabbed her by the neck. In the end prosecutors called it match upal combat. Minor injury consistent with restraint and struggle. Prosecutor had a problem case. Fiance refused to cooperate after her initial police interview. More obstacle. Because of conflicting accounts the look of verifiable eyewitnesses, and the look of cooperation by jane doe we can not proof that a crime occurre occurred. Then there was this. Abc 7 news reported earlier that mcdonald called the Police Sergeant just before his fiance called 911. Sergeant pritchard who also works security for the 9 terse went to mcdonald home before officers responding to the 911 call got there. He was on duty and in uniform. It turns out he was also there twice earlier that night. The 49 hers connected mcdonald to pritchard because mcdonald was worried that other female friend of his were causing trouble at the party. Pritchard presence at the home further complicated the das investigation. Coach harbaugh said he wanted his players to always exhibit g conduct. We want to have that. We havent had that we want to get there. Reporter well there are many possible conflict of interest issues here. Police department is investigating Sergeant Pritchard to see if he did anything wrong by going to mcdonalds home that night. Department has also ordered its officers not to machine light as security for the niners untilt reviews the secondary work policy with regard to conflict of interest. Internal affairs also investigating 2 Top Police Officials to see if they violated duty manual by accepting free fortyniner game tickets. So even though there were no charges pressed still a lot of fall out to be dealt w. Vic lee abc 7 news. Organizations fateing Domestic Violence are outraged at the niner allow mcdonald to play during the investigation. Among those who wanted him side lined is San Francisco supervisor london breed. People look to these teams to provide leadership and i look to this team to provide better leadership in addressing this issue. And in this particular case at this time wasnt what i thought it should have been. Reporter in september the board of supervisor unanimously called for the 49 investigators keep mcdonald from playing until the out come of the investigation. That did not happen. Now the nfl says mcdonald teammate smith is officially reinstated and can return to the 49ers active roster. Smith has been under a nip game suspension for personal conduct and Substance Abuse violations after pleading no contest to driving under the influence and possessing weapons that are illegal in california. Entered to forfeiting half of his Million Dollar salary smith must pay back the signing bonus of more than 1 Million Dollars. Well l politic we have new mayor of san jose. Councilman riccardo received a phone call from opponent cortez tonight congratulating him on his victory. Latest results show riccardo within surmountainable lead at this point. Now has lead of more than 3600 votes over cortez. Cortez issued a statement thanking supporters and says his campaign accomplished one of the goals in bringing san jose together. Mayor elect riccardo had this to say about his opponent. We congratulate each other on hard fought race. And i look forward to working with him in his role leadership on the board of supervisors. I know he ran a very if tough campaign. I nye would be formidable 0pochbility he has long record of leadership and i look forward to working with him in the come years. Riccardo takes office january 1st replacing termed out mayor reid. Police car crash sent officer to the hospital late this afternoon. Happened at air base parkway in heath drive. You can see patrol car is severely damaged. The First Respond hers to cut off the doors in order to reach him. Officer has major injuries. 18,000 Kaiser Permanente nurses throughout Northern California planning 2 day strike starting tomorrow. They are concerned about what they claim is kaiser look of preparation for fighting ebola and overload of obama care patients under the Affordable Care act. Strike will affect 21 hospital and 35 clinic. Kaiser opened an ebola unit in oakland last week and plans to remain open during the strike. Elective procedures though have been rescheduled in most cases. A lot of accusations and consternation flying around uc berkeley after student from different uc tv was found dead inside an off Campus Fraternity house over the weekend. 2 20yearold if boy had attended a party there saturday night. Just the latest incident along uc berkeley troubled fraternity row. If laura anthony. Something went wrong at party and party all over the campus. Reporter darsy tiller is a property manager for the fraternity where 20yearold student was found dead due to past alcohol hazing issue they have not been recognized since with 2010 but the National Organization in new york still supports it. Over all house item a great house. They are a bunch of good guys. I dont think theres any issue there with character. Reporter he was not a member of the fraternity. He was an engineering student at uc davis but like hundreds of others he did attend the big party here saturday night. He was found face down in upstairs room sunday at noon. It wouldnt uncommon for that to be a practice at large party at fraternity alcohol was consumed well look at those factors. Reporter the death her comes on the heel of series of Sexual Assault cushion involving several other berkeley fraternity. We found the limp body passed out students lugged out of frat house. Reporter at f we have revealed there have been number reduce reports of binge drinking around campus. Uc spokesperson told tuesday our hearts go out to the family of this young man. As this is an active investigation premature to speculate about what may have happened in the tragic situation. In berkeley, abc 7 news. After months of inching toward a Rural Community in hawaii destructive flow of lava from the volcano now wiped out a home. New video showing the home in flames thats what you are watching here. Molten rock started pouring over the house early this afternoon. It took less than an hour to completely destroy the building. Homeowner lives here on the main land and he was hoping to get to his home to see what was left. Half is a now 4 80 feet from a central road that lead through downtown continues to advance. More to get to tonight on this monday tonight for you. We followup on the death of baby guerrilla at the San Francisco zoo. World renowned expert called in to investigate. Also. Polar plunge. Snow and sleet turning road into ice skating rink in parts of the country. Spencer here with the weather. Give you a look at the polar plunge on the national map and closeup look whats coming our way in the bay area this week a building Weather Forecast in a few moments. National Football League open the door to bay Area Business and who hopes to cash in on super bowl mom when our little girl was born, we got a subaru. Its where she said her first word. little girl no saw her first day of school. little girl bye bye made a best friend forever. The back seat of my subaru is where she grew up. What . announcer the 2015 Subaru Forester girl what . announcer built to be there for your family. Love. Its what makes a subaru, a subaru. First impressions are important. Youve got to make every second count. Banking designed for the way you live your life. So you can welcome your family home. For the first time. Chase. So you can. Staff and zoo goers sad after young guerrilla at San Francisco zoo. They have hired renoupd guerrilla expert to investigate exactly what happened. Sz sergio with what we know so far. Psychologist Terri L Maple has been hired to investigate this case. We talked to him by phone from florida. It has a mechanism on it that is there to be operated in an mchbility the door can be stopped t. And in this case it was not stopped in time to save this little guerrilla. He was accidentally killed friday when zoo keepers were moving the primate into their night quarters. Maple says she was carried that the nighten closure by her grandmother. Then unexpectedly darted through a closing hydraulic door and was civrnltd as i understand it they have tested the system. They have tested it. And they know that the system is working. It was no mechanical failure. There were flowers primate came over to a woman who created a small memorial inside in honor of 16 month old gril a. Another woman says she wonders how this could have happened. Any of us who have had kid know 16 month old requires constant vigilance. The guerrilla cant understand im quite sure mechanical doors and what not. The mayor ed lee is looking forward to full investigation. He says zoo staff are likely devastated about what happened. Im sure everybody at the zoo is sad. They would never wish this to happen. Dr. Maple says these kind of accidents are rare and the system here at the zoo has worked well for the last 30 years. He will be trying to figure out if it was a procedural problem that caused this accident. Hes already started his investigation by phone and email from florida and will be arriving here next week to continue in person. The zoo just released new details about what happened friday. They actually say that once he was pronounced by zoo vet actually brought the body back out to the guerrilla habitat so the other guerrilla could examine and get closure. At the San Francisco zoo im sergio, abc 7 news. Superbowl 50 coming to the bay area in just more than a year. Fans already getting excited and so are many businesses. Expecting a hefty boost economically. Today the nfl and Superbowl Host Committee made history by including 2 groups previously shut out of these contracts. Carolyn has the story. Reporter its historic. For the first time lgbt own company like merchandise marke marketer able to bid on Business Contracts for the superbowl. I think its about time. Once again San Francisco and the bay area is leading again on this incredibly important issue and so we are exited about this announcement today. Reporter superbowl 50 will be played at levi stadium in santa clara but the host company is planning several days of events leading up to the game throughout the bay area. They need Party PlannerProduction Company and everything in between. Pall pend gaingt heads up the nation first lgbt chamber of commerce. Like invited to the dance. We all have to compete once we get to the dance but its all about actually the oneonone interaction. You start changing the the dialogue. You start bringing in all kind of perspective that you didnt have before. Reporter at past superbowl the nfl reached out to minority and women owned businesses as part of the program called business connect. Now in addition to lgbt companies its also a brick through for disabled veterans like hg tran. Nfl superbowl program is expanding to include them as well. If tran own as Building Engineering firm was severely injured when ied exploded during his tour in iraq. He says the new effort is about opening the doors. If we are there to compete thats what veterans are. They dont like a free and out. Want to be able to work for what they earn. Business connect is open to certified business in the then county San Francisco bay area. We have a link on our web site. In San Francisco, Carolyn Tyler abc 7 news. About snow and sleet fell across central northern minnesota tonight. Police report at least 100 crashes 4 involving police cars. This involves 20 cars. Many areas in the state and in wisconsin the received from 6 to 12 inches of snow. Minnesota department of transportation telling drivers to stay off the road because of heavy blowing snow. Snowplow work but in places they are having trouble keeping up because it is just that intense. Experience is following is what happening in that part of the country. Of course our bay area weather very different. Lets start with what is happening with the blast of Winter Weather in the central part of the u. S. As early as you wivrl see. We have a line of snow fall actually reaching from minneapolis through owe him had and wichita and denver and we close in here you can see well just i was going to show you the plunge. Get to that later. Later in the program show you how massive an area the u. S. That arctic blast is going to cover by the end of the week. Right now back to live doppler 7 hd in the bay area. Low clouds fog at the coast move locally in the by and inland. Visibility is beginning to drop in some location from his the normal 10 miles to 9 males across the bay and oakland. 8 miles in hayward. Fog gets thicker and more wide spread we see visibility readings many other location as well. Live view from the camera lacking back at bit of sky line. Few cloud in the background. Currently 57 degree ins San Francisco. Oakland 56. Field fwechlt 56 san jose. 55 morgan hill and a Half Moon Bay 57 degrees. How about this view lovely from our emeryville camera west ward across the ba bay. Outline of few clouds there but not quite so wide spread or dense overnight. We have mid 50s just about everywhere. Santa rosa napa no have the 0fairfield up 50s actually fairfield concord and livermore and we look at traffic moving smoothly across the golden gate with almost no evidence of low clouds there at the moment. These are forecast feature we see fog and some drizzle in the Early Morning hours. Rain is likely wednesday evening that thursday morning then dry pattern end of the week into the weekend. The this is our fog cast overnight. Seat fog more wide spread inland and little area pocket of spotty drizzle develop as well. Wet commute in some spots tomorrow morning. Better which to put it there could be some wet spots morning commute. Bear that in mine. Overnight low generally in the low 50s but some location in the inland cell drop to mid upper 40s then tomorrow we will see clouds continuing to move in front of this cold front moving in our direction. Rain maker beginning wednesday evening. Forecast animation starting 5 00 oclock wednesday afternoon. Rain way up north in the afternoon hours but by 9 00 oclock wednesday nature manufacturing did you know through the north bay past the golden gate by 11 alaska at night. Rain more wide spread. Develop overnight hours thursday morning and wind down in time for the morning commute leaving us with about 4 tenth to 8 tenths of an inch of rip in the higher elevation. Maybe up to an inch and 110 vts to 4 10s in lower el vision. Tomorrow High Pressure generally in the mid 60s all around the bay area. If its cooler we see high there only in the upper 50s lets look at the 7 day forecast. We have week of active and unsettled weather rain comes in wednesday night into thursday. Dry out friday saturday relatively mild but rain is likely again on at least a chance to get on sunday and monday. This is good news. See a little pattern like that of chances of rain every couple days. Pretty good we need it. Absolutely. 70s here. Look what happens in men society. Tonight High Pressure someplaces in the single digit. If montana other places if 8 or 9 degrees. Its early. Very early. Still to come at 9 00. Woman miraculous surviving its incredible. How long she went without a pulse before comi for over 60,000 california foster children, the holidays can be an especially difficult time. Everythings different now. Sometimes i feel all alone. Christmas used to be my favorite. I just dont expect anything. What if santa cant find me . To help, sleep tra