Guy is in jail. Good evening. Im ken wayne. And im julie haener. Police have been searching for 32yearold james gerard since that driveby shooting in concord friday evening. An eightyearold boy was shot and wounded while playing outside his home. Drought is a gerard is now hospitalized in critical condition. We get the new develops from ktvus amber lee live in concord where she spoke with the boys mother. Amber . Reporter julie, as it turns out, the suspect was a family friend who would walk the children to school. Mom tells me her children including the eightyearold who was shot would call the suspect uncle smiley. Police say shooting suspect james gerard was driving this chrysler convertible in fairfield when a citizen recognized him from media reports at around 12 deck 40 this afternoon. The man called police and followed gerard as he pulled into the lowes parking lot just off highway 80. Arrived, attempted to contact the suspect ran away. Officers pursued the suspect around the east side of the business where an officer involved shooting occur. Reporter there were three officers involved but have not said what led to one or more officers opening fire. Gerard was taken to a hospital in critical condition. Its a brick off my chest, most definitely a few bricks off my chest. Sherilyn barela is the mother of theyearold wounded in fridays shooting in concord. She says shes grateful to the citizens who called police. Its been a struggle the last few days, really tough on all of us. Reporter she says her son joshua has a bullet lodged in the right side of his neck that cannot be removed. She says she told the second grader the man accused of shooting him has been caught. Today was the first time my son has had a smile on his face. He talks, hes eating, if he needs to use the restroom, he can get up and use the restroom. He is physically okay. Reporter barela and herbs and her husband say suspect gerard was a family friend and had driven up to the home and got into an argument with his older brother while standing near the boy and other children as young as two years old. As far as him even having been around my children, that should have never happened. Never should have happened. My kids loved him. They adored him. And for him to do that to my children, i dont know that i could ever forgive him for that. Reporter if the suspect survives, he will face charges of attempted murder and child endangerment. Julie . Amber, how is that little eightyearold boy doing tonight . Reporter mom says hes recovering physically, but it will take time to fully recover emotionally as well. He has a bullet lodged in his neck. Amber, thanks very much. Now to the peninsula where investigators say a grass fire that burned close to facebook headquarters in menlo park likely started in a homeless encampment. The two alarm fire broke out near the intersection of University Avenue and bayfront expressway around 4 00 this afternoon. Wind gusts of up to 25 miles an hour fanned the flames. Fire crews worked quickly to keep the fire from spreading to nearby homes. University avenue was shut down for a time and the fire even burned some grass on the median of the road. Menlo park fire chief told us that initial reports from crews on the scene indicated that fire was sparked by a campfire. Its not unusual. We have a number of homeless and campus here and along the way. Weve seen an uptick in the number of fires that had those encampments recently. The fire burned 13 acres. There were no reports of injuries. The cold wind that blew through the bay area brought some unusual weather along with it in parts of the east bay, a hailstorm caught people by surprise late this afternoon. The isolated storm brought heavy rain as well. This video was taken in a backyard of a home in orbit at about 4 15 this afternoon. A similar scene in vallejo as the storm swept across the east bay. A viewer posted this video online at the hail, down near a construction site. And in the sierra storms dumped almost 8 inches of snow near reno, the snow was falling at a rate of an inch per hour earlier today. Driving conditions were treacherous and dozens of minor accidents were reported. Chief meteorologist bill martin will join us in 15 minutes to tell us whats headed our way next. One more decision is all thats left before the bay areas long delayed commercial crab season can finally get started. Crab fisherman and seafood buyers need to agree on a price. Tests were done today to determine the meat to weight ratio of the dungeness crab. Agreement on price is expected tomorrow morning. The crab season was supposed to start last november. It was delayed rather due to high levels of a start a toxin in the crab. State officials lift the ban on saturday. Fisherman hope to get their crab pots in the water on wednesday. The u. S. Governments clash with apple came to an end today. The Justice Department said a third party help the fbi access the data in the locked iphone of one of the San Bernardino shooters. Ktvus Jana Katsuyama live now in walnut creek tells us this development avoids a courtroom showdown. Jana . Reporter julie, that San Bernardino shooter syed farook was using an iphone five like this one and the Apple Company says that if the fbi was able to crack this security code, they should tell apple so apple can make a patch. Otherwise apple says other iphone users could be at risk. Just one week after apple rolled out their next line of new products, the battle over who can access the data inside was put on pause. The department of justice withdrew their case that tried to force apple to bypass security on the iphone used by the San Bernardino shooter. In the filing, prosecutors said the fbi received help from a thirdparty to hack the phone. It was kind of hard to cause, so i guess its fine. But as long as its in phone and that helps the investigation, as long as people arent hacking into our phones. It kicks the can down the road. Theres going to be other cases posing the same issue. Reporter jim dempsey executive director of Uc Berkeley Center for law and Technology Says this is part of the much larger battle over whether companies will be allowed to build technologies that are unbreakable. Will congress would require the companies to basically preserve a window of vulnerability in the technology . What some people call the backdoor . So very much that is the next big debate, which is not going to be about one phone. Its going to be about all phones, all computers. We should start out a conversation between the government and people in the big Tech Industry about how they want to think about that stuff together. Reporter many people say they are concerned about their personal privacy. Dempsey says this privacy issue is not just impacting individual consumers. This is also about protecting businesses and protecting proprietary information, protecting trade secrets, protecting customer lists and government secrets after all. Reporter an israeli newspaper reported that an Israeli Company which specializes in Data Extraction Services was the one thats helping the fbi. The u. S. Government is not saying who helped them. The method they used, or whether they will provide that information to apple. All right. Thank you. There are some scary moments at the u. S. Capitol in washington dc today when police shot a man they say drew a weapon at the capitol Visitor Center. As james rosen reports, the suspect is known to authorities. [ yelling ] reporter witnesses recounted a scene of chaos and terror as Capitol Police shot and wounded a man who drew a weapon at a checkpoint in the capitol Visitor Center. The suspect identified by Law Enforcement sources as 56year old larry dawson of tennessee was undergoing surgery at a local hospital conditioned on unspecified while a female bison by sander bystander received a minor injury at the scene. Officers coming out from every direction with guns drawn. Shots had been fired. Most stressful experience ive ever had in my life. Reporter authorities seized the vehicle parked near ground. Fox news has obtained documents showing larry dawson was arrested and charged lacked october for an outburst inside the house chamber. Dawson skipped a november court date and a bench warrant for his arrest was issued. He was claiming to be a prophet of god, mondays incident was not seen as a terrorist act. Based on the initial investigation, we believe this is an act of a Single Person who has frequented the Capitol Grounds before and there is no reason to believe that this is anything more than a criminal act. The episode late to a brief lockdown of the capital in the white house, the congress is in recess but scores of spring tourists and student groups were visiting the capital. The lockdown is now over with normal street traffic having resumed and were told that the capital will be open for business as usual starting Tuesday Morning including the capitol visitors center. In washington, james rosen, fox news. A woman from walnut creek happened to be in line at the Visitor Center of the capital and witnessed the shooting. Tonight we spoke to her husband by phone. And there was a man who is walking around, sort of erratically, then went ahead of them, and went through the metal detector, and set it off. And then pulled out a handgun and waved it around and pointed it at people. And then there were two shots fired and everybody someone yelled get down Robert Temple and his wife spoke to ktvu last year after pollitt was named with ms. Wheelchair america 2016. Right now they are in the Nations Capital where public is making a number of appearances. They were not together in line at the Visitor Center but were both at the Capitol Building when the shooting happened earlier today. A 15 minimum wage statewide. The deal that won the governors support and when the first wage hike is set to happen. Checking on the tuesday forecast, a cold start to the day, some temperatures right down there in the 30s. Well talk about that and how warm it will get. Another suspension racked an Alameda County sheriff department. What a third deputy is accused of and a new videthe men involved didnt know existed. New developments tonight in a Violent Arrest by Alameda County sheriffs deputies. A third deputy has been suspended amid allegations he offered witnesses hush money was stolen jewelry. The Sheriffs Department condemned the behavior. If true they revealed theres another video of the beating itself from a deputys body camera. Debora villalon is live at the Alameda CountySheriffs Office in san leandro where deputies are reeling from this widening scandal. Reporter ken already two deputies suspended for the use of force inquiry. Now a third deputy not involved in the actual beating is implicated in what happened afterward. The two deputies who let fly with batons on a car theft suspect in november are already off the job with pay as part of the investigation. But now there are three. This is absolutely unacceptable, if this is true this is unacceptable and it will not be tolerated. Reporter anger from the department at explosive new allegations. They are no better than the criminals they arrested. No better. If these allegations are true. This is unacceptable. Weve learned from witnesses that they stole a valuable gold necklace from stanislaus. Reporter Stanislaus Petrov is the man deputies chased into the city. Petrovs Attorney Says after the two overpowered and beat petrov, he was robbed of cash, drugs and jewelry. Then they give it to these witnesses who saw what happened to basically bribed them and silence them. They came up to me, they said did you like the show . Reporter jerome allen and his wife are homeless and lived in a tent next to where the beating happened. I came around the corner and hes like, hey, i found something. Dont spend it all in one spot. He passed me a very nice gold chain with a large medallion cross on it, with turkish gold. Reporter harris drew us a picture of the medallion which the couple had for 1500. We found what appears to be missing necklace on petrovs facebook page. Allen was taken aback by the deputies offering. They want me to not say nothing about the beating they just gave him. Nobody bribed witnesses when their innocent. Reporter one deputy even took a trophy photo of a beaten and bloodied petrov. In the video an officer does neil and snapped the picture. They clip it here on the center of their chest. Turns out a Body Worn Camera like this was recording the beating start to finish. That contradicts statements from the deputies who said they did not have their cameras on. The deputy who took petrov to the ground may have accidentally started recording. That body cam was inadvertently put on when deputy wieber, i believe he tackled mr. Petrov. So it was not discovered until after those reports were written. Reporter both the body cam and Surveillance Video are with the San Francisco d. A. For possible criminal charges. In addition to the new allegations of theft and bribery. It tarnishes my badge, it tarnish his everybodys badge. We dont like it. Reporter the name of the third deputy suspended has not been released but were told hes a 19 year veteran of the department. Tomorrow petrovs attorney is ling a civil claim against the department, thats groundwork for a lawsuit. And sheriff greg ahearn plans to speak out on all of this himself tomorrow afternoon. Reporting live in san leandro, debora villalon, ktvu fox 2 news. A 25yearold man went on trial in Alameda County today for a pair of workers including a Fatal Shooting that outraged any people in the bay area. Darnell williams is accused of killing two people in two separate shootings in 2013. Alameda county prosecutors are seeking the Death Penalty for the first time in about 10 years. One of the victims was an eight yearold girl, can redeem. She was at a sleepover in oakland and went to answer a knock at the door. Police say williams opened fire through that door, killing alicia and wounding two other children and a grandmother. Prosecutors say williams was looking to retaliate against someone who had taken part in a gang killing in berkeley a few hours earlier. He is also on trial for killing that took place during a dice game. A jury in the south bay convicted a nta clara Police Sergeant today, misdemeanor indecent exposure. 46yearold thomas life of has been accused of exposing himself to a sales clerk at santana row last may. He faces up to six months in jail at a sentencing on wednesday. He must also register as a sex offender. He had been a Police Officer for 24 years including 14 with santa clara police. Changes are coming to uc berkeley. The chancellor today appointed a new interim leader to address allegations of Sexual Harassment. As ktvus rob roth reports, this comes as the university faces mounting criticism of how it handles those cases. Reporter when it comes to academics and research, uc berkeley consistently ranks near the top nationwide. Many students say the seemingly nonstop reports of Sexual Harassment is sinking its moral standing. I think that its hurting the reputation of the university absolutely but at the same time i think it is starting a revolution of change. Reporter the University CallsSexual Harassment the most urgent challenge it faces today. I dont think anybody on this campus right now is happy with whats happening. Whether it has become public or not, this is not the kind of behavior that we feel as a community is worthy of us. And we have to stop this. We have to address these issues. Faced with criticism by students and employees that the University Miss handles Sexual Harassment allegations, the university has appointed an interim leader to take on the growing issue, carla has, formerly dean of the social sciences department. Highly regarded and she has some of her academic background in studies of women and abuse of power. In recent weeks uc berkeley has seen highprofile cases including the resignation of Law School Dean and the firing of an assistant mens basketball coach amid Sexual Harassment allegations. Responsibilities will include expediting harassment cases which many complaint often languish. Expand training and change the culture on campus. The university doesnt really take it seriously as it should. Im glad they kind of formed a new, like, person in charge of all of this. Perhaps an example of the grand the University Needs to make up, she end of the female students we spoke with say if she were to become a victim of Sexual Harassment, she doubts she would come forward and report it. People should be encouraged to do that, speak out and to like, not feel like, you know, they are kept in the shadows about it. But i think thats kind of the culture thats been promoted around here. Reporter she is expected to start her new job immediately. We reached out but we were told she was unavailable. At uc berkeley, rob roth, ktvu fox 2 news. A little bit of rain, a little bit of everything today, reports of thunder out in the trivalley area. Go