We are also hearing that the suspect and victim knew each other. Reporter this morning at 6 am East Palo Alto police surrounded an apartment a north 2nd street near empire, 2 men and one woman came out and surrendered, police say they got the suspect they were after, 23yearold lionel mccloy, he had been living with his girlfriend in san jose and she was released, the other man was arrested for a parole violation. Investigators say he was involved in the shooting and killing of 30yearold Christopher Puckett in East Palo Alto in june. Pocket cousin says it has been difficult for the family especially his 2 young daughters. I have no idea what this was all about. All i know, whatever it was over it wasnt worth his wife, been taken from his 2 girls, whatever was. Reporter do you feel any closure . Like i said, if he is the person im glad he is off the street, but i wont feel closure until i know for sure he is the person and hes guilty and sentenced. Reporter police say they believe he it and Christopher Puckett had an ongoing dispute but investigators wouldnt say if theres a motive or their other suspect a large. It is important to get this individual off the street, as i said it was an ongoing dispute that escalated into them shooting the victim multiple times. We consider him to be armed and dangerous and felt he was a threat to our community in any of the communities he was visiting. Reporter detectives spent the morning collecting evidence at the apartment where mccloy was saying staying, his mother who showed up said it told us off camera her son worked construction and work parttime at ikea. She was shocked of his arrest. Janine de la vega to assat update this story about yesterday. Officials and Valley Medical Center see a 6yearold infant has died from her injuries. Her father 32yearold Matthew Zabala was arrested on felony child abuse charges. The charges have been upgraded to murder. The little girl was but brought to the hospital this week with a fractured skull and other critical injuries. Hospital staff alerted authorities who went to the childs home and determined there was enough evidence to arrest the farther for child abuse. Now the Sheriffs Office and Valley Medical Center foundation are raising money to help with funeral costs , you can contribute how we the link on ktvu. Com. Police fine body underneath that 101 280 interchange, officers received a call before 8 30 pm, at a possible body. They say they found a man suffering from severe injuries and pronounced him dead at the scene. Circumstances of his death is under investigation, new arrest have me. Santa fe police say the Staffing Shortage is so dire that mandatory overtime in some officers cant go home between shifts. Some officers are working so much then instead of going home they are camping out in rbs across from police headquarters. There are a dozen rvs parked outside the station as of this morning, many live in cities as far away as modesto in tracy. Detectives from units throughout the department are being reassigned to street patrol to help with the shortage. A warning for part writers, to hold on tight to your cell phone. More than a dozen writers have had their cell phones snatched from them over the past couple weeks. Joining us live this afternoon to explain how these are getting away with the phones, alex. Reporter good afternoon, in the recent cases sleeves are wrestling the phones away from bart writers who may or may not be paying close attention as they ride the trains. A lot of these robberies are happening to riders on board trains that are stopped at stations. Reporter it can happen this fast, bart surveillance from a few years back shows a man snatching a womans cell phone as she waits for a trained. Over the past 2 weeks 13 riders have had their phones stolen from station in San Francisco and oakland. Mostly iphone. You can be in a train and what the door opens and your by the door it can get snatched quick. We have had it happen on platforms, especially if you stand at the bottom of a staircase or escalator, unfortunately its a getaway path. Reporter alicia with bart says cell phones are stolen all the time but the problem was much worse 3 years ago before kill switches and apps that could disable devices. For advice, keep your head up. Every now and then laughs up and show your a where of your surroundings and have command of your space. Reporter in one case a woman was walking through the pedestrian tunnel at the coliseum station when someone pried her phone from her hands and ran off. Barc writers say it is tempting to have your phone out on the train browsing the web or checking social media but these days that can be risky. We always have our heads down, and someone can come and snatch and run. Im aware of it. I keep my phone and my purse when im on bart. I dont want trouble. You just dont chance. I dont chance, i know better. Theres too much going on. Reporter the best advice from bart, keep your found extra secure, especially near the train doors. Its a good idea to not let anyone borrow your phone when writing on the bart system and the other word, its a good idea to install a tracking apps in case your phone is stolen. This doesnt come as much of a surprise but most of the cell phones stolen on the bart system are never recovered. All the tips i like this. Thank you alex. Happening today, expected to rule whether to suspend californias new right to dialogue. The state allows terminally ill mentally competent patients the right to request a life and a prescription. Opponents including many doctors say it amounts to state sanctioned suicide and suggest it makes no rational distinctions between terminally ill and everyone else. Opponents are fighting right to die laws in vermont. Santa clara county, the judge under fire for his controversial sentencing in the brock turner Sexual Assault case will no longer hear criminal charges. As ms. Smith reports, judge percy has been reassigned to the Civil Division at his request. Reporter starting next month judge aaron persky will no longer hear criminal cases at the palo alto courthouse, the same courthouse he sentenced former stanford swimmer brock turner to 6 months in jail in june after turner was convicted for sexually assaulted resulting in intoxicated woman. The ruling Spartan International firestorm, but at church perskys request to be reassigned to civil cases at the old courthouse downtown san jose. Switching places with another judge. We believe judge persky does not understand the harm in severity of Sexual Assault, we think that was clearly on display in his sentence for brock turner. Reporter stanford law professor is spearing efforts to remove him from the bench, she says shes relieved but is moving forward with the recall election. Given the new assignment is a permanent and judges in Santa Clara County rotate every year. The presiding judge expressed support for him and stated he was not doing this under pressure, especially he would be welcome back in the Criminal Division at any time, that is why we have to continue with the recall. Reporter that presiding judge supports persky and his ability to serve in his current role but in a statement he went on to say judge persky believes the change will be the public and the court by reducing the distractions that threatened to interfere with his ability to effectively discharge the duties of his current criminal assignments. This comes as persky disqualified himself last week are making his first decision in a sex case since the brock turner matter. Citing him and family were exposed to publicity surrounding the new case creating a personal family situation. This goes into effect september 6, 4 days after turner is set to be released from jail. In another few hours another judge until the hear a motion to suppress evidence in the case of angeline just us garcia torres, man accused of killing sierra lamar. The judge is expected to meet to discuss the denial of a request to move it out of Santa Clara County. Jury selection is set to begin next month. Election coverage, president ial Campaign Takes a nasty turn with both candidates slain racial accusations. Lorin blanchard has the latest and more from the campaign trail. Do lean web videos from the campaign, Hillary Clinton trying to tie donald trump to clan members, will trump pushing clintons racially insensitive comments from the 90s. They are often the kind of kid called super predators. We know who trump is. He says he wants to make America Great again, but more and more it seems his real message seems to be make america heat again. Reporter trump firing back and calling his opponent the bigot. Hillary clinton is it just attacking me, she is attacking all of the decent people of all backgrounds who support this incredible once in a lifetime movement. Reporter time will tell if trumps new pitch to minorities chips away at clintons commanding lead. On new University Poll shows her ahead among minorities 77 to 15 . The poll taken after trump said he was willing to rethink his massive deportation policy, a stance that fired up his base during the primaries. He is waffling, strong rhetoric backing off, that is confusing voters. He is to find putting on that issue in sealed, he doesnt time. Reporter clinton is off the campaign trail today well trump is in vegas again hoping to make his case to a hispanic leaders. In washington fox news. Hundreds of aftershocks continued to rattle italy following the 6. 2 earthquake, still had how aftershocks are impeding the rescue process in a look at the efforts underway to help survivors without a home. This the slightest warm up for the weekend, are meteorologist Rosemary Orozco will be here. What police say the state to disable amanda for stealing his belongings. Tomorrow has been declared national day of mourning in italy in the wake of them massive earthquake that killed at least 270 people. This comes as strong aftershocks continued to rattle the area cutting up a key exes wrote for First Responders and causing more damage. Shelters are being set up for those who lost their homes. Reporter their event nearly 1000 aftershocks following the deadly earthquake here but this was the strongest hitting just before 6 30 am local time. At a magnitude of 4. 7, damaging a bridge and cutting key exes routes, causing more damage in town that have been essentially wiped off the map. We enter quickly because there are still aftershocks, houses are dangerous and we just retrieve the essential materials. Reporter now he returns to the recovery effort, the government has promised rebuilding the shortterm, thousands are homeless and in need of assistance. The government says its assembling temporary shelters as a multibillion are 8 effort ramps up. Temporary that will be laid out here, on the left and right so the displaced can secure. Airconditioners are being installed for the tiniest. The survivors are starting to assess the damage many losing their homes completely. Others told they cant return until the rebuild. Residents say theyre grateful but there also anxious to start the Recovery Process whenever and whatever it may be. I have no idea what i will do now because i restructured the house 2 years ago, it was new and i dont know what to do, im 76. I dont know if i can read out. Reporter a national day of mourning is tomorrow. Fox news. A drone is showing damage from the devastating quake, Southeast Asian company magnitude 6. 8 earthquake killed 4 people and damaged 200 ancient temples. Italys quake was weaker and magnitude, caused more destruction because it struck closer to the service. Surface. For the other one people have pointed to travel to the surface losing energy among white. Protect our nation odds of like fca is dont recommending all donations be screened for the zika virus. Before theres only screening and active zika places, its a is spread by mosquitoes and sex, they also test for hiv, hepatitis. Now time to check in with metorologist Rosemary Orozco, the marine marine layer playing back. Looking at partly cloudy to mostly clear skies into the afternoon, running cool this time of year, whether expected for most around the bay and in it. Beautiful view, low clouds continue to drift into the be. A nice view of the Golden Gate Bridge, marine layer, 2 2200 feet this morning, but as mike mentioned the clouds clearing, look at the threehour time lapse, seeing a pullback to the coast, pocket of sunshine around pacifica, in the north bay, clouds over areas like santa rosa, along the coast through mill valley over into richmond, grand east shoreline, berkeley, over to vallejo, mostly clear day in inside the be, from tiburon and over towards the east bay, berkeley, overlap clearing up, mostly sunny skies and a pocket of sunshine over edgewater and pacifica, it could be partly cloudy and hazy. In the south be we cleared out, mostly sunny, along the coast of santa cruz it goes on and on. We will be mostly sunny as we get into the afternoon with partly sunny skies at the coast. Onshore breeze is with us, gusting to 31 miles lower, it has picked up the last couple of hours. We saw again the clouds move into the bay, onshore breeze is strong. 70 degrees in oakland, upper 60s in novato, 68 at sfo, south bay 72, san jose, 73 livermore in concord. Into the afternoon, a coolant on the coast, low 60s on pacifica, daly city, half moon bay. Exceed to San Francisco, around the day 72 hayward, 75 redwood city in the south bay 76 per san jose. Mild weather, it doesnt feel like august in most spots. Inlet 80 degrees in livermore, 85 antioch in north bay 74 for santa rosa. A look at your game the forecast if you go to the stadium to watch the 49ers game time 7 pm, 67 degrees with northwesterly breeze 15 miles per hour, probably sunny skies should feel good in the stands. Of you of your extended forecast with the bay area in the you, temperatures warmer into the weekend, a few degrees tomorrow and bumped up a few more into sunday. 60s at the coast, upper 60s and low 70s around the be, low to mid 80s are in length cities, farther out temperatures turnaround and we cool down monday into tuesday. Today president obama creating the Worlds Largest marine protected area, he is quadrupling the size of the Marine National monument site off the coast of hawaii. This the designation will protect pristine coral reefs and deepsea marine habitats, obama will travel to hawaii next week an address of Pacific Island environmental conference wednesday. Coming up Ridesharing Service uber experimenting with a rate that could cost customers is 2 a ride. Just 2 a ride. At at t, we believe in access. The opportunity for everyone to explore a digital world. Connecting with the things that matter most. And because nothing keeps us more connected than the internet, weve created access from at t. California households with at least one resident who receives snap or ssi benefits may qualify for Home Internet at a discounted rate of 10 a month. No commitment, deposit, or installation fee. Visit att. Com accessnow to learn more. Apple says if you use an iphone or ipad you should operate the update software. Apple created a patch for the security flaw, a company from israel produced spy software that can read Text Messages and emails and track your calls in context. Security flaws in the operating system along the software to be installed of the user clicks on a link that was sent. Look at the big board, stocks reversing direction, a few hours ago after Federal Reserve chair said in a speech the fed is moving towards raising Interest Rates because in improving outlook for the us economy. Looking now at the dow jones down 71 points, the nasdaq down 5 points, the s p 500 down 6 points. One company that is a publicly traded, over. Uber, and they may be having money problems. They are losing millions a day, the losses totaled more than 1 billion for the first half of the year. Including 750 million in the 2nd quarter. A privately held company so their records are not public, the company has said the losses come mostly from subsidies paid to its drivers. Meanwhile they are experimenting with the concept of bulk prepaid rights. The cost varies by city but the payment can be as low as 20 for a package of 20 to 40 trips at reduced prices with no surprising. For customers in france in San Francisco it could mean as low as 2 for ive and huber pull over and ask, uber cool or flat next. Summer is winding down but there are many food and Music Festivals around the bay, ktvo Rosemary Orozco has this edition and we can watch. The weekend as near and here we go. In San Francisco celebrate indonesia day, the annual event showcases indonesian art, and a day full of indonesia culinary, saturday from 11 to 4 pm at union square. Or had to open for the 29th annual chinatown street fast, 10 blocks, more than 200 boots, enjoy asian food, arts and craft, entertainment on 2 stages in a cultural village. The lake merritt in particular, plaintiff park. Bash fruitrudge gathering. Live music, ty nsekhe park is saturday from today pm. In pleasanton the good guys 30th west coast national, over 3000 ross, classes, muscle cars at the county fairgrounds saturday and sunday. The bread but are white and jazz festival happening, saturday and sunday on sand creek wrote. In the south be, a taste of italy at the italian family. , you and winetasting and entertainment offered saturday and sunday. Also in san jose, the 2015 Silicon Valley pride parade festival, sunday at 10 30 am, begins on st. John street. In