Degree murder conviction, finding the special circumstances to be true, the judges gives them a week off to prepare and the defense and the District Attorney begin their penalty phase. This part of the trial is called the guilt phase, the jury comes back with a verdict of guilty of first degree murder. They could find him guilty of first degree without special circumstances, then he gets 25 years to life. Then he gets 15 years to life. A not guilty verdict is always hanging out there but i believe that the jury will bring back a guilty verdict and find the special circumstances to be proved and they move moo that phase of the trial. I keep thinking about sierra lamars family and thinking that they must be thinking, though know where our daughter is. If he is found guilty, is it likely that there would be negotiation that would go on to give him life without parole . Thats always a possibility. I seem that this was talked about before they actually went to trial in this case, where the District Attorney may have broached that subject with the defense and may at that time have said, if you go to trial we are not going to negotiate later but i have to tell you that the District Attorney really has to leave it up to sierra lamars family. They have to be the ones to decide this or not. So if the defense goes to the prosecution and there is a Death Penalty verdict and they take the Death Penalty off, he will tell you what happened to the body, it would be up to the family to decide chorn to accept that. Its a tough decision but it would answer a lot of questions, i cannot imagine being in that situation and having to make that decision. Thank you michael for your perspective perspective there was a crash at lake berryessa. Two employees of the vacaville manufacturer. A series of questions musting answered. First, was is something about the pilot that caused the crash. Also did something break in the airplane, was there something wrong with the fuel or the wave waves in the water. All of those questions musting answered. We are making arrangements to get the wreckage recovered so we can continue the investigation, i am hopeful it will occur some time tomorrow. This is the second crash of an icon a 5. The other was from a hard water landing in florida, that resulted in no injuries or deaths. The icon is in a class of airplane called light plane, they must fly in clear daylight circumstances. The icon is expected to bring a new wave the participants to flying with more forgiving aircraft that make flying easier and safer. Thank you, tom. For the first time a man from the east bay is speak out after being beaten on bart during a mob attack last month. He said his wife and daughter who were with him are still traumatized. The family is also taking steps to sue bart. They are, this is the claim that was filed today. The man and his attorneys said they believe that bart was negligent for the attack. My family could not think of this happening to another family in six months. If we do not take bart to task and hold them accountable, it could,. Reporter the man was sitting across from his wife, on their way home to dublin after celebrating their daughters birthday in San Francisco. They were peating on the train, when they walked on the train, they did not have a care in the world. They did not hesitate or a ray word in anybody, they beat people and robbed them. Reporter he said that the juveniles beat him on the head and ribs before the mob targeted other passengers. My wife leaned on top of my daughter to protect her. She was screaming. Reporter the man said the video shows that the mob had previously boarded and deboarded a San Francisco bound train before the attack. He wants the Surveillance Video released to the public but bart is keeping it private because the suspects are juveniles. In my opinion when you commit a crime you forfeit any right to privacy. He said that bart was negligent in keeping passengers safe. He wants bart to be more transparent with their crime statistics. Why didnt they just hold the trains and have Police Coming up to check to see what was going on. He said that bart needs to do better. We want them to start to protect the citizens that use the system. A spokes woman for bart would not comment on pending litigation but she said that there were increased patrols and six of the nine cars had working cameras, they have been able to identify some of the suspects and a few arrests have been made. The valero refinery is face four violation in the wake of an incident that sent smoke flying into the area. Valero has been cited for three violations of emitting smoke and one of causing a news ans, nuisance. The city is warning people that the smoke may continue this week as the refinery comes back online. An investigation is underway in fairfield after a shooting left two people dead and one wounded. Shots were reported near crowley lane. Police said the victims are both in stable condition, no arrests have been made and investigators are not releasing a possible motive. Authorities in the south by today released a picture of a murder suspect who was shot and killed by police. Mirza tatlic shot and killed a couple inside of their home. The victims were identified today. Naren prabhu and raynah prabhu. Mirza tatlic had previously dated their daughter. She was fired for refusing to enforce president Donald Trumps travel ban and now she found herself a key witness in the russian investigation. Reporter speaking publicly for the First Time Since being fired, sally yates told lawmakers that she tried to warn the Trump Administration about contacts between former National Security advisor Michael Flynn and the russian government. Reporter she said she warned the Trump Administration after mike Vice President mike pence defended former National Security advisor Michael Flynn. It was a compromising situation. Reporter plaque mail could have happened after United States intelligence agencies picked up conversations between former National Security advisor Michael Flynn and the Russian Embassy door during the transition. In a tweet this morning, the president urged lawmakers to ask sally yates how the information ended up in newspapers. This morning, there were claims that the former president warned President Donald Trump about former National Security advisor Michael Flynn. Sally yates was also asked about the reason she was fired, she said she believed that president Donald Trumps travel ban was unlawful. Thank you lauren. The warriors are going for the sweep over the jazz in game four, tipoff is 45 minutes from now, thats where we find joe tonight. It musting depressing for folks in utah. Must be depressing for folks in utah. Reporter we talked about this in the last hour, the warrior phenomenon has become a national thing, specifically steph curry, this is the fourth year for the warriors playoff run, they caught the attention of the country last year and that was magnified this year. Stefcurry was practicing and fans came in to look at stef. As i look right now, there is just a smattering of fans in the stands but its mostly warrior fans, thats not usual for this partisan crowd. The only utah shirs you see are the ones that the fans get shirts you see with the ones that the fans get for free at the game. But sometimes closing out the fourth game is the toughest. Quinn is a great coach. The wroaz are going to be into it. They are going to be tough. We would like to get off to a quick start. If we can, then it will help us as the game goes along. They have pride as a team. We want to get a win at home. To us, we want to play the best game that week and withstand the runs, our defense has to show up like it did last game no matter if we are making the shots or not. Reporter mostly the big name warriors have warmed up and they are inside in the locker rom. We are just looking here at a room, we are just looking here at a warriors group. There is the warriors logo from the thunder days, you sow lots of warrior representation in the fans are hoping that this is the night that they get it done this utah. Live in salt lake city, back to you guys in the bay area. There is been a lot of joking about the night life in salt lake city. What is it like . Its not the bay area, its quieter but my camera man and i found a nice place to have a nice dinner, we have no complaints. We were not out looking for anything crazy but we found a nice place for dinner and we will do that after the game. Thank you, joe, the man in charge of the marin county Coroners Office is behind bars. Coming up, the felony charges he is facing involving child molestation. I am sad. A fire at a church in the south bay and people say it was not an accident, coming up , the latest case of arson in this neighborhood. Temperatures warm this monday. We are warming more tomorrow. Mid to upper 80s. I let you know how long the heat lasts and there is a cool down coming authorities in the south bay are investigating a possible arson at a san jose church. It happened early yesterday morning near willow glen. We go live to the church. What it wasnt the only suspicious fire in the neighborhood. Reporter there have been several this week that have been intentionally set it appears. Its too soon to say if its the work of one person. Parishioners say a fire at the Assyrian Church of the east near willow glen was no accident. Surveillance cameras captured someone in equity, scale the fence and appear to set the fire. Im feeling sad. That this would happen to our church. A place of worship. A place of safety. A sanctuary. It is sad. Reporter a tool shed was destroyed and the exterior staircase was damaged. Thankfully it didnt spread. And alert neighbor saw the smoke and called the Fire Department at 1 am. Extremely blessed. This couldve been much more devastating. Arson investigators are working on the investigation it wasnt the only suspicious fire in the area. Reporter several customers cars were torched at the auto repair. Were also three garbage bins at nearby. Im just one shot. Can imagine what else is out there. Reporter Authorities Say its too soon to say whether the cases might be linked. Both the Auto Repair Shop and the church say they will take extra safety precautions until someone is caught. I dont know how to say it, maybe sick that they feel they have to do this. I pray they get help. Reporter they were able to have services at the church yesterday. Anyone with information is asked to call the san jose Fire Department. Live in san jose. Fox2 news. Is warmed up a little. Its going to warm further as we head into the bay area tuesday. A little cool out there for some but it was mostly sunny. Patchy fog along the coast. We have a pattern that sets us up tomorrow with this ridge. That is tomorrow, it will be warmer. Out in the pacific, we have a weather system here in this area. It will bring rain but it will drop in in the area and get close to us. That is all you have to do to cool things off. That is toward the middle and end of the week. You can see where the fog is around monterey bay. Tomorrow morning, this should be a little fog but its kind of staying south of us. Patchy fog, fog returns in earnest on wednesday night. The temperature right now is 78 in fairfield. 79 in livermore. 75 in san jose. 68 in oakland. Pictures are running warmer. 5 degrees warmer. A couple places are a little cooler. I the coast. A little fog and the coastal marine air. You can see a little haze. When the ocean evaporates, it will leave sold particulate in the air and water clings to that and you get salt pays which looks a lot like fog. That is usually download. The forecast for San Francisco tomorrow morning, patchy fog along the coast. Temperatures at noon are in the mid60s. Thats not bad for San Francisco. In the afternoon mostly sunny. Tomorrow be the warmest day of the week. Temperatures will start to trim off after that and we will set up with a cooler pattern, not rain the cooler. Still to come, investigators thought she died in a fire but then they found she had been killed before her home was burned. Now police say they have caught her killer. Humming up we see why police think this killing was completely random. New developments from state officials after a string of shootings along bay area freeways. The latest in the push to make our roadways safer. So grateful that the recognition has happened through public safety. [ birds chirping ] [ inhales, exhales ] [ announcer ] cigarettes are not just dangerous when theyre smoked. [ rat squeaking ] theyre dangerous long after. Cigarette butts are toxic. They release chemicals that poison our water. And harm wildlife. And millions. Are polluting our environment. [ sniffing ] [ seagulls squawking ] we learned today police have arrested a man in connection with the killing of a Castro Valley woman. Investigators say andrea at st. John was stabbed to death in her home and then the attackers at her house on fire. Henry lee is in the newsroom. The suspect was locked up for an unrelated Sexual Assault. The Alameda County sheriff says the inmate made statements that connected him to the Castro Valley homicide. Authorities say he randomly targeted a home for burglary and stabbed the victim when she confronted him. San joaquin county inmate Luckie Dacany has been charged with murder, torture and arson in the killing of andrea at st. Johns home. 36yearold Luckie Dacany tried to steal items. She confronted him with deadly results. At that time he killed her. And burned the residence and structure in order to hide the evidence. The 59yearold andrea st. John , the mother of two daughters, lived alone. He was arrested on unrelated charges of lewd conduct with a child. While in custody Authorities Say he implicated himself in the Castro Valley homicide and gave details only the killer would know. Sheriff says the defendant stole a Toyota Corolla in hayward todays before the killing. The car was found four days ago near tracy. Authorities say Surveillance Video shows Luckie Dacany near her home around the time she was killed. He apparently chose the home by happenstance. He was Walking Around and randomly picked this residents. There is no connection between the suspect or victim. Its just a terrible set of circumstances. The charges against him made him eligible for the Death Penalty if convicted. How is her family reacting to news of the arrest next they were notified last thursday, one day before they laid andrea st. John to rest. The daughter said although this wont bring her back they can rest a little easier knowing what happened. A criminal investigator in the north bay is behind bars. He was arrested on a low station charges. Coming up, the case against the head of the marin county Coroners Office. A spike in pedestrian deaths. While lawmakers are trying to do to reverse the numbers. Youre going to be hanging out in here. So if you need anything, text me. Do you play . Use the chase mobile app to send money in just a tap, to friends at more banks then ever before. You got next . Chase. Helping you master whats now and whats next. The head corner in marin county is under arrest facing felony charges of child molestation. Today he made his first court appearance. We go to the marin county jail with more on the case. Reporter prosecutors have filed this complaint against the head corner here in marin county. Alleging he committed multiple lewd acts with the mold an underage girl. 46 rolled Darrell Harris the man in charge of the Corners Office is no longer in his office but across the street inside a cell at the marin county jail. He did not enter a plea in court to molestation charges. His family of the courtroom ahead nothing to say to reporters. Give anything to say about the charges . Reporter his attorney strongly denied the accusations of continued sexual abuse, lewd acts with a minor in sexual battery. His family does not believe it to be true. His colleagues and Law Enforcement do not believe it to be true. His neighbors do not believe it to be true. His friends do not believe it to be true. Reporter prosecutors charged him with for felonies. And one misdemeanor. Ongoing sexual abuse of a minor over a period of seven years. The most serious abuse is alleged to have happened when the girl was between the ages of 14 and 17. But the da says the abuse began when the girl was younger than 14. He is charged with Sexual Assault relating to a minor, i wont go into any further details. The victim is known as jane doe. Reporter the victim is now legally an adult and prosecutors arent saying what her relationship is to harass. Harris was named head corner two years ago. But has been an investigator with the office since 2003. Because of his close ties to the Sheriffs Department the police the case is being investigated by the S