an hour ago came word they had in fact made a decision. they have been behind closed doors deciding the fate of jose ines garci zarate. they have been considering first-degree murder charges second-degree murder and manslaughter. >> as we wait for the verdict we want to bring an hour legal analyst michael cardozo. the trial lasted a month. they have been deliberating for six days. the fact that this announcement is expected six days into deliberations. what does that tell you about the possibility? i know it is a loaded question.>> i have done this a long time. you never know what a jury is going to do. this seems like a nice amount of time for the jury to have deliberated. five or six days is vetting the evidence carefully. i think he will be found guilty

of something. what i am not sure of. even if he is found guilty of manslaughter -- the key to this case is will he be found guilty of the 245? the assault with a deadly weapon. with that assault charge comes allegations enhancements. those enhancements are jacobian. they can add 10 years, five years or three years. if he is only found guilty of assault with the allegations he could get into the 10 or 15 year range in prison. watch that one carefully.>> the jury asked two questions. one could have been about the weapon itself. what does that tell you?>> jury questions are interesting. i have tried probably 40 mortar trials along with a lot of others. jurors send notes. the attorney starts to read what did they mean by that.

what are they looking for? then you read into it. they are heading for not guilty if you are the da. or if you are defense -- now we wanted a clarification. we had our minds made up. he wanted to delineate what the weapon was for example. or what great bodily injury is. you never know -- you know what they are asking. you never know what they mean by it until they explain it later.>> could they ask for the weapon itself and hold it? >> they could but they are careful about that. they have safeguards on it. no bullets in the jury room. law enforcement is loathe to let jurors put their hands on guns. they might bring it in and say here it is but we are going to take it out quickly.>> a key point of the trial was whether the gun fired accidentally or

intentionally. if the jury wants to take a look at the gun and they want to pull the trigger themselves to see how likely it is or easy it is. could they do that -->> is a judge likely to grant them the request? >> i think he would. that would be a great grounds for appeal. the defense would go you did not let the jury to the trigger pool. it is a 10 pound pull on that gun. i would imagine they might have somebody in there but they might not. as long as there were no bullets they would say okay go ahead and pull the trigger.>> if that happened today on day 6 and they have come up with the verdict what does that tell you? >> not a lot. some juror must've said it could've gone off accidentally. maybe it is a trigger. let's get the weapon in here and chat about it. pull the trigger and see what it is like. they would allow them to do that in my opinion.>> when we

talk about what happens after this. i am putting the cart before the horse. do you see potential if he is found guilty on any of the charges. do you see a next phase? you think they will challenge the verdict? >> they will set up for sentencing in a month or two. they will send him to probation. probation will bring a report into the court on the date set for sentencing. they will make a recommendation probation. the defense will be able to get letters. they will be able to do a sentencing memo they sent to the judge. let's look at the entire case. let's see what punishment should be given out. you argue about what if any jail time should be administered.>> we are going to move on. really quickly he is a mexican national undocumented immigrant. if he is found guilty and serves time will he be deported?. one would hope so.

under the law yes. he will be back the next day. yes they will deport him.>> we will see what happens. hear from our reporter. people are congregated outside the courtroom. once we get the verdict we will bring it to you as soon as it comes into the newsroom. the man accused of driving drunk and killing for members of one family appeared in court today. he was charged with four counts of murder. henry lee was there. his belt was significantly increased.>> reporter: it is now $4.2 million. he has been charged with murder. in the deadly dui crash. he could face vehicular manslaughter. this driver has a history of drunken driving. the driver 47-year-old fred lowell of sacramento had a blood alcohol level of at least

.08 on saturday night. he allegedly caused a multi car crash on i 80 and then fled the scene. he is been charged with murder dui and hit-and-run. they filed murder charges because he has two previous uis in sacramento. his license has been suspended four times and revoked once because of drunk driving. he was again drunk when he hit a car killing five members of the same family. jarret horn was the only person to survive the crash. his father younger brother uncle and cousin died. he left the scene but was later arrested. defendants who are convicted of dui are warned by judges about the dangers of drinking and driving. until they can be charged with murder if they are again drunk and kill someone.>> if you are considering drinking and driving in contra costa county and you kill somebody you should know a careful look will be taken into your case. consideration as to murder charges.>> he did not enter a plea today.

he will be back in court in a couple weeks. reaction from the families of the victim coming up. really quickly, is there any believe the suspect might be able to meet the bail?>> i think he would be hard-pressed. that is a large figure. if he does you can bet there will be restrictions. we are learning about plans to shut down three elementary schools in san jose. the oak grove school district

is trying to make up for a huge budget deficit. wymore empty classrooms has put the district in a very tough spot.>> reporter: there are a lot of anxious families here in south san jose. unsure about where their children might wind up once the oak grove school district decides which schools will be shut down for good. minor elementary is one of eight schools on the list. and at risk. >> i just got here. >> it would make things harder. no other schools are closed by us.>> reporter: any parents are worried about having to drive even further to drop off their kids if the school down the street closes. she has two girls at minor elementary as she is preparing them for what might come next.>> this morning it was tough on her. she said is our school closed? she is a little bit older and knows what is going on. she will miss her friends. i don't think they will go together. they will be separated.>> reporter: they are looking to consolidate elementary schools to make up for a $12 million budget deficit. the superintendent tells me the issue is declining enrollment. the district has lost more than 1000 students over the past five years. families who could no longer afford to live in san jose.>>

one of the most difficult things in the superintendent will ever have to do. the circumstances of just how incredibly difficult it is for families to maintain and stay in the area. he continues to be an impacting point for our community.>> reporter: they have taken other steps to make up for the shortfall cutting administrative staff members and non-teacher positions. closing schools as a last resort. the superintendent says there is no other choice. parents are left waiting and wondering.>> i believe it is going to be a very close call.>> reporter: a committee made up of community members is trying to decide which of these eight elementary schools will close. the schools at risk anderson baldwin to role-play frost glider minor oak ridge and santa teresa. that group will be making a recommendation to the school

board next month. a final decision expected before the end of the year. before that happens parents will have a chance to weigh in on the process. the next meeting held by the school district will happen this monday night at bernal intermediate school. a five people were injured today in a two alarm fire. at a senior residential complex in san francisco. it was reported at 1:20 pm at the mission senior apartments on 15th street. when crews arrived they saw smoke and flames coming from the second floor. in addition to seniors the building also houses disabled residents.>> the individuals who live here that were able to get out did a fantastic job self evacuating. they were telling firefighters there is a person that cannot walk or is handicapped in this unit. that is where we sent people.>> reporter: the fire did displace one elderly resident.

none of the five people heard suffered serious injuries. at least injuries not considered life-threatening. there is no word on how is started. we are staying on top of the breaking news in san francisco. we are awaiting word of the verdict indicates steinle murder trial. did the jurors find a man guilty or not guilty. we will bring it to you as soon as it comes into the newsroom. utilities company can pass costs to the company's is meant to customers in the event of a natural disaster. it could affect pg&e after the fires. trump and tillerson could be parting ways. the white house is considering a new secretary of state. the shakeup comes as they move closer to passing tax reform. it was chilly this morning. nice this afternoon. tomorrow we transition to cloudy and potentially wet pattern. i will have the forecast.

bracing for a national security shakeup. trump is considering replacing embattled secretary of state rex tillerson. lauren blanchard is in washington where the exit of to listen comes of the senate moves closer to a vote on tax reform.>> reporter: rex tillerson's time at the state department might be limited. the president isn't staying he is out yet but he and his top

diplomats relationship has been far from smooth. officials -- reports president trump is considering replacing tillerson with the current cia director mike pompeo.>> a secretary is someone who's featherstone get ruffled easily. he brush this off today.>> when he loses confidence in someone they will no longer serve incapacity they are in.>> reporter:>> conducting business as is the norm. not aware of anything changing.>> we may turn everything topsy-turvy by moving the secretary of state out. but mac they are moving closer to a vote on tax reform. two of the senators that help kill the obamacare repeal bill have said they are now a yes on the gop tax reform bill.

good news for republicans who have little wiggle room as many democrats maintain the tax reform plan will hurt middle- class americans.>> we have had constructive conversations.>> failure is not an option. we need a tax cut.>> one of the most unfair pieces of legislation.>> reporter: some holdouts have been moving closer to guess. there could be middle-of-the- road democrats who might vote in favor. it is unlikely they will do so the vote is tight. summer british officials are asking theresa may to cancel an upcoming visit with president trump. it comes a day after he retweeted a series of anti- muslim videos a far right british politician. some say they gave a broader voice to britain first a political party considered to be a hate group. despite criticism the prime minister said the visit will

happen.>> it is an hour national interests for that relationship.>> the prime minister did respond to one of the presidents tweets that asked her to focus on more islamic violence. saying uk takes the threat very seriously. ruling could have an impact as officials work to determine the cause of the deadly northern california wildfires and who was responsible. utilities commission found sanford -- san diego gas and electric share holders will have to pay 375 million dollars in cost stemming from wildfires that happened 10 years ago. three fires destroyed more than 1300 homes and killed two people in 2007. cal fire concluded the fires were caused by electrical lines. let's go over to bill martin and find out about the wet pattern coming our way. it is enough to cool us off for

the weekend. we are not expecting a lot of rain from this particular pattern. what is interesting here is as you look at the national map. this tropical jet. there are a couple jets. look at all the moisture. tropical moisture pumping into this part of the country. that will be interesting. as you travel -- maybe not severe but certainly some rain and strong storms. we are in between systems in here. once at the north end once of the south. once of the north will drop in as we go into the weekend. it is not a big deal. the models are way off on the potential for rain. most noticeable right away is how cold it has been. the overnight lows from last night. it is gotten cool in other places. there is valley fog. santa rosa 36.

napa 36. 35 fairfield. east of fairfield -- cold air sinks. the lowest part. you have the napa valley and up on the river. you will find temperatures right around freezing in some cases. that is how it will be tonight. a big change tomorrow increasing clouds. a change to a more cloudy pattern and a slight chance of a shower or sprinkle. a few showers susanville and trinity alps near reading and up around willet. we do see temperatures outside mile. 56 concorde. 63 livermore. today the warmest day. temperatures trended down tomorrow. it is about clouds. if you clouds. this meant a few clouds. by tomorrow night will be mostly cloudy. south san francisco looking down towards san bruno mountain.

what you don't see is a lot of patchy fog. a few clouds. a beautiful day today. not so beautiful tomorrow. a chance for sprinkles on saturday. big day on wall street. market -- over 24,000 mark. why the search and how long but the times will last. we will chat with the money expert. waiting for the verdict. did jurors find the death of kate steinle to be intentional or accidental -- that verdict will be announced at any moment. we will bring it to you as soon as we get word. stay with us.

wall street investors have a big thumbs up to news a tax overhaul bill might be close to passing. the dow close 24,000 points. a gain of 331 points. nasdaq 41 points. s&p 500 up 21. tech stocks leading the way after declining yesterday. we are joined by morgan stanley's financial advisor.>> good to have you on board.>> we have two thumbs up today.>> 401(k)s are smiling over 25 thousand. spent this was the last trading day of the month. it is usually good at the end of the month. you want to take profits.

on top of that we had news tax reform will probably pass. john mccain threw his hat in. the rebel senator. he agreed to do that. that can only help small and mid businesses. a good sign in the market. the top 30 companies were up in a huge way. >> we are talking tax reform how, small businesses will benefit quite a bit? >> you want to be a midsize business. the midsize business was to be a large business. you don't give profits out in bonuses or dividends. you put it back into the company. we could be assured small and mid-cap's. if there is a tax decrease for them will put it back into the companies. that will stimulate jobs. it will be great for the economy.>> that will carry on into the new year. there hasn't really been a correction in the market since president trump took over. i don't have a crystal ball. you make a living out of this. do you see it in the future?

>> let's just enjoy it. you work hard to build your portfolio. somebody asked me when is this going to end. tell me one reason why you think it is going to end. do we have high inflation? no. do we have height unemployment? know. other earnings reports that? know they are good. since 2008 it has been growing slowly. it will end up to and a half percent. on top of that the friends in europe and developing countries their economies and stock markets are growing as well. the sea is rising in all of these boats are rising together. if we start to see unemployment go up or inflation go up more importantly earnings reports not being reported as strong. that is a soft side. i don't think the party ends abruptly. it may be tails off. we expect another two-year run. especially with tax reform.>>

how about profit? people like to show profit. those that have done well in the market probably wants a bank a few bucks.>> i think it is important. in the last quarter have i done any rebalancing in my portfolio? everyone says rebalancing. if you have 30% of your liquid assets in the s&p 500 and that has grown to 50% you should rebalance. if 30% is your risk tolerance take up to 20% and reallocate it. you really have to do this to protect yourself. when the parties loans down.>> how about the wildcard in north korea. it did not have an effect on the lot -- shot the last muscle.>> it wasn't a blip on the radar. you have many rogue countries with nuclear weapons. not a good thing. none of them have been curtailed from bending -- from

building their defense arsenals. we don't know this for a fact. it is not likely someone would shoot off a nuclear weapon and destroy a country or part of the country. if they do they would be the most hated on the planet. it is not probable that would happen. it hasn't affected the stock market. google has been criticized in the past for how it deals with sexual harassment allegations. we take a look at what employees are saying about the current culture. pleasanton native kate steinle was shot and killed on pier 14. in just minutes we will learn that the man charged with hurt killing is guilty of murder and second-degree murder or manslaughter. we will bring to the verdict when it is announced in a san francisco courtroom.

we follow breaking news in san francisco. we are waiting on a verdict in the kate steinle murder trial. the jury had reached a decision. we could hear the decision at any minute. they have the fate of jose ines garci zarate in their hands. prosecutors say he intentionally fired a gun on pier 14 two years ago killing kate steinle who was walking with her father. the defense argued throughout the trial the shooting was an accident. he is mexican and was in the

u.s. illegally. it has been a flashpoint over sanctuary city policies and illegal immigration. when we learned the decision we will bring it to you. top democrat nancy pelosi says john conyers needs to step down after multiple allegations of sexual harassment. the latest in the sexual misconduct drama across the country. more on -- from capitol hill.>> reporter: john conyers is under new pressure to resign. following multiple allegations of sexual misconduct from former staffers. the michigan democrat had faced multiple calls to step down but maintain support from the top house democrat nancy pelosi. on thursday he lost that support.>> the brave women who came forward our old justice. he should resign.>> reporter: he was hospitalized on thursday morning after reportedly feeling

lightheaded. his attorney said he is considering his options but has no plans to resign.>> it is not up to nancy pelosi. nancy pelosi did not elect the congressman. she sure as hell won't be the one to tell him to leave.>> reporter: and army veteran became the fifth woman in two weeks to accuse out franken of sexual misconduct. she also says -- he also says he has no plans to resign. the house voted to require harassment training for members and staffers. a bipartisan group moves forward on a bill to eliminate a slush fund for sexual misconduct settlements by lawmakers.>> you don't even know whose name is on the claim. let's bring the sunshine in. let's bring transparency and accountability. that's and this practice.>> reporter: on thursday texas republican congressman joe barton announced he will not seek reelection after nude images he sent to a woman during an extramarital affair

went public. the house of representatives has passed rules requiring anti-sexual harassment training for all members. this measure -- required lawmakers and aides to take annual anti-harassment training. they have approved a similar measure. supporters say this is the first step. they want legislation to end the policy of quietly settling complaints using taxpayer money next -- in exchange from a nondisclosure agreement.>> did harvey weinstein receive months of due process before being terminated? when do we believe the victims and provide them a fair process to get justice. she was harassed when she was a young congressional aide. she said members of congress should not be able to hide behind a system that protects them from accountability. hollywood and the media rocked by sexual harassment and

assault scandals. is the silicon valley next? details of the culture of misbehavior at google.>> reporter: pasek -- the culture of sexual harassment reportedly got so bad at google the company had to institute a new mandate that any vice president or above must report a romantic relationship to hr even if those involved worked in different departments. that policy was routinely ignored according to a lengthy exposi on the website the information. it describes a toxic workplace were older senior male executives dated or had affairs with younger women leading to an atmosphere of resentment and distrust. it drew the conclusions after interviewing 40 current and former employees per. culture officer from google said the past was the past. we are putting enormous amount of time moving forward. we talked about how nobody has

a hall pass matter what level. we investigate and take appropriate action. most of the relationships described in the article do not involve sexual assault or correlation. but rather allege supervisory men played. preyed on younger women who felt compelled to comply or face retaliation. many hr experts say there is a difference. the effect on morale is the same in both are inappropriate. google is notoriously tightlipped company. they are not press friendly. we reached out for additional comment but have yet to receive a response. the president is lashing out at north korea and china after the leader tested another ballistic missile this week. north korean media posted photos showing their biggest intercontinental ballistic missile yet. experts say it could be powerful enough to reach anywhere in the u.s. trump tweeted this -- the chinese are not putting enough pressure on

the regime and u.s. ambassador nikki haley said their oil supply is be cut off.>> china must show leadership and follow- through. china can do this on its own or we can take the oil situation into our hands.>> the russian foreign minister does not think putting off trade to north korea is the best move. saying the u.s. is provoking the regime. the future of the oakland coliseum complex was the topic of a meeting today. the big question for the joint powers authority is what to do with the 120 acre property on the sports franchises are gone. golden state warriors will be gone by 2019. the oakland raiders are out by 2020. the oakland a's are building a new stadium possibly by the year 2023.>> i'm hoping the county can say we want to stay in this deal. and reap the benefits of

whatever gets developed out here on the sports franchises are gone.>> the coliseum authority asking for a review of the oracle arena. officials hope it can be put into good use for nonsporting events after the warriors have left. after the meeting they went into session to discuss the terms of the raiders lease. we are still awaiting word from san francisco courtroom reverted in the kate steinle trial. we will bring in our legal analyst. a lot of people speculating on how the jury ruled -- with the six days of the liberations might mean. what is your take? >> let me comments on the attorneys. when you are the trial attorney almost literally your heart is in your throat. there is nothing more you can do. as you sit there and listen to the verdicts come in it is one of the most frightening things

in the world. i have been watching my text from people in san francisco. i have heard that they might be finding him not guilty of homicide.>> we are getting word of a verdict in the kate steinle murder trial. it is not guilty on any of the charges. the defendant has been found not guilty of first-degree murder. not guilty of second-degree murder. and not guilty of manslaughter. your reaction? >> i am absolutely shocked. as i watched the trial unfold i did make comments about how the prosecutor the government was going after the case. i thought where did the first- degree murder come in? the charges were second-degree murder one down. or voluntary manslaughter. in the middle of the trial it bounces to a first-degree murder. when i was a prosecutor you would always pick what your theory was in the case. i always thought in this case it was second-degree murder.

he fired it into the ground. disregard for human life. when you bounce all over the place as a prosecutor juries to sit back and say which one are you going with? i always like to go here is what happened. here is what you should find him guilty of. i always thought this was a second-degree murder by his firing into the ground. i respect juries. they listen to the case and they have come back not guilty on the homicides. i am real interested in that 245 -- assault with a deadly weapon. there was a gun and fall. if he gets convicted of that that holds -- the enhancements on that i am telling you are draconian. a jury doesn't know what punishment will be meted out. if that 245 and any of the allegations are found true he could go to prison for a long time. this isn't over yet. i will tell you that is a

devastating the feet for the district attorney's office.>> what about the family? they are trying to get closure.>> if i am there and the judge and the sheriff -- i would be watching the family. i don't mean disrespect. if i were the father i would be besides myself and livid about this particular verdict. how does the jury get there? how can you find him not guilty? my daughter is walking innocently and that man picked up a gun and you all believe it went off accidentally? >> he was found guilty of being a felon in possession of a firearm. he had a long criminal history pratt we want to go to our reporter. she is they are at the courtroom. in san francisco. she was there as the verdict was read.>> reporter: you could hear a pin drop in that room. when the verdict was announced.

not guilty. on second-degree murder. not guilty on the first-degree murder. involuntary manslaughter. even the assault with a semi automatic weapon not guilty. we came to the second count with the felon in possession of a firearm and he was found guilty. i don't know but the sentence for that is. michael cardoza is with you guys. perhaps he could shed light on that. i think that it would be safe to say the people who have been sitting through this trial myself and a bunch of other journalists. members of the public. we were quite shocked at the outcome. a lot of us felt he was going to be getting involuntary manslaughter and then guilty on the to lesser charges. when the verdict was read he was not guilty on the involuntary manslaughter we all just took a collective gasp. right now the jurors are going to be filing out the courtroom.

we will try to interview some of them as well as defense attorney matt gonzales. when the not guilty verdicts were read he was just nodding his head saying -- in agreement. i could not see diana garcia's reaction. she is the prosecutor. her back was to us. it is safe to say this was pretty much a shock to everyone who sat through the trial over the past month.>> how about the steinle family? did you see their reaction? > reporter: they were not present in the courtroom. we knew they would not be here for the reading of the verdict. that was said last week. they have been coming with an advocate. i asked him what they be here and he said no. i think they have pretty much had all they can stomached of the trial. they just felt whatever happens will happen. we don't need to be there when

the verdict is read. one of the things i think perhaps the prosecution went wrong. michael cardoza and i have been talking about this. the fact that the prosecutor really made a point of saying he was pointing the gun at kate steinle. obviously the jurors did not buy that. they truly believed this was an accident. that this gunman somehow misfired. that is despite expert testimony from both sides who agreed it could not happen. you would have to pull the trigger. the defenses own lead witness with regards to being a gun expert admitted you would have to pull the trigger. a lot of us felt that perhaps that was not a good thing for the defense. clearly the jury did not see it that way. they felt this was an accident. that somehow the gun misfired. a lot of statistics have been thrown at them from the

defense. with regards to how many dance misfire. every year. -- guns misfire. if the prosecution had perhaps just said this guy had a gun. he fired it on a crowded peer where there were people. he deserves to go to prison for that. perhaps it would have come off differently than he was aiming at this blonde woman walking down the peer. it will be interesting to talk to the jurors afterwards. i don't know if they will talk to us. it will be interesting to see that that play into their decision. >> let's bring in our legal analyst. to talk about this. the being a felon in possession of a firearm. that is pretty insignificant. what does it mean? >> it is really insignificant. i don't remember. it is in the two, four, six

range.>> he is going to serve half-time on that. that equals four years. it is just about time served.>> what is your take? >> as she said we have been talking about it. i said all along why do you insist that he pointed the gun? there is no evidence of that in the trial. you made that up. once you do that to a jury. a jury is meant we cannot trust you. where did that come from? there was no evidence. that is why i said the gun was pointed at the ground. he shot it. it wasn't at accident in that sense. i'm not sure they would say that is an accident. he pointed at the ground. the bullet ricochets. that is second-degree murder. stick with that theory.>> do you think if they had done that he would've been convicted? >> he might have been. like i said.

you never know what a jury is going to do. and this is a classic example of how did you all get here? >> we know this jury six men and six women. you're talking about a case in san francisco. how relevant is that in this particular case? it took place in san francisco and it was san francisco's residence? >> jurors in other counties around here are much more conservative. san francisco jurors are known as being more liberal and a little more freethinking. there are jokes from defense attorneys that say to their clients you want to commit a crime to the city and do it. they are so liberal they are. you have the best shot of any other counties. when you are caring a reputation like that and the verdict comes back. it bolsters that reputation.

i think this is sad that they could not even look to the manslaughter in this particular case. i'm a defense attorney. i do it for a living. kudos to matt gonzales. you did one heckuva job in this case. it was magic how they got there. i don't know what the jury was thinking. how do not find this guy guilty?. how about the sanctuary city debate. they will be talking about that. did that play into this at all?>> i don't think it did. when you talk about sympathy probably at some level some of the jurors must've been apathetic towards that. the poor guy got deported. we do have laws here. one of our politicians. i think it was sonny bono the said is illegal immigration illegal? it is illegal. that is what it is. we have rules. i am one. i am empathetic to people and

people are here and they are great citizens. when you get guys like this in the country. and you deport them and let them out. and then on the date this happens they let him out of jail. it is shameful. this is shameful.>> it is something that will be debated. a lot of people have been questioning the fact that he was in the country. had been deported for -- five times. then you have this happen. kate steinle's family not being in the courtroom today. the outcome of this trial would not do anything for the family in regards to bringing her back to bringing them closer. the fact they were not in the courtroom. what does that say to you? how do they process this? >> if i were the district attorney i would've had a serious chat with the family. i would want them in the courtroom. you want the appearance. even though you are disgusted

with what goes on in the courts. i assume they were. and what they have watched. jurors watch things like that. when i prosecuted -- if you are the mother. be there. show you care. make that jury face you.>> the defense attorney matt gonzales speaking to fox news.>> before you do that you yourselves get this protection. i get it. we all get it. that is what it is to be in this country.>> what you say to the family tonight? >> i have the utmost respect for them. i offer condolences. i just have to say they should not interpret this verdict as a diminishing their loss. it is not about that. the reality is we have 300 million guns in our society.

40 or 50 accidental shootings every day. somebody dies every day. this is a tragedy what happened.>> do you think there was one key piece of evidence in your presentation that persuaded the jury?>> i think the physical evidence. once you are talking about the ricochet and the length that it has to travel before it hits her in the back. and you consider he had no history for violence. he did not know her or had a bad interaction with her. candidly -- it really pointed to this result.>> so many people will say he should not have been in this country. and he should have been convicted at least of involuntary manslaughter.>> there are so many other people that could've picked up that gun. and most likely would have.

someone working for the department of public works picking up trash. or some other tourist. some other american citizen could have walked along and pick it up. at the end of the day the jury obviously did not ignore what we presented. in terms of the number of people at the seat. and the lack of history. i think it is a good verdict mac>> what happens to your client?. we will be back in court a couple weeks to discuss the one charge he was convicted of. we will not be representing him in the federal matter. i don't have any comments or opinion about that.>> reporter: how are you feeling about this victory?'s. i feel good.>> i don't feel like i need to be congratulated for the outcome. to be totally candid. the physical evidence dictated this outcome. i'm just the lawyer that help guided along. this is what the physical

evidence pointed to.>> reporter:>> let's get michael cardoza's take on what was just said on him talking about the actual shot in the ricochet and all that. what was your take? >> kudos to him. he did a great job. he was masterful and how he is handling the press. being very humble. it was really the evidence in this particular case. i still turn to the left and say what happened? why did it end up here? what were your many theories -- why did you do it this way? where was the steinle family. why didn't you insist someone be there during this? it is shocking to me. it is a shocking verdict as i think it is to most people. for a jury to believe that he picked up that gun and it

accidentally went off? i don't -- i have been a defense attorney a long time. i have a hard time believing that. we deal with beyond a reasonable doubt concept. notwithstanding that, i still look to this and to the das office and say my lord how and why did you not have one focus in this case and go after him for that? instead of a theory of he pointed the gun? was the evidence of that? >> is seems like from the beginning no one disputed the fact that he shot kate steinle. it was a matter of whether it was intentional or accident. if you accidentally shoot someone isn't there some culpability? >> if it is criminal negligence yes. >> isn't picking up the weapon and look at it --

>> that is where you need some heavy duty experts. a ballistics expert to come in. get to if you have to. i remember it being an alameda county trying a murder trial where i needed the leading expert in the country in the county fight. was fighting me on it. if i have to pay for it i will pay for it. they finally step up. we got a conviction because i got the best in the country. why did san francisco not do that? bring in the heavyweights. defense brought in people from canada. spend money on this. get your experts in there to say there is no way that this was an accident. a 10 pound pull on that gun. who would believe that the gun was cocked? that was incredulous. great job to the defense. >> what happens now? do they sit down and say what

went wrong? do they just move on? >> you move onto the next one. it has become so political. i'm sure they will sit down and say what happened. there will be finger-pointing sadly in the case. i don't like where the das office is have gone. they have become so political. they will look to blame somebody in this. they really should not blame anybody. they picked what i would think their best prosecutor. they fair and square loss the case. i don't agree with it. but i respect what the jury did. that is our system.>> when you look at this and you look at the defendant. we talked about his mannerisms. he said he did not come across as a sympathetic character. how much do you think that played into all of this. the jury was able to bypass that. and forget about his behavior

in the courtroom. and forget about what people were saying about his actions and focus on the main question. accidental or intentional? >> that is what they should have done. i know from watching people and talking to jurors they do watch. they watch the defendant. a guy was tearing at women in the courtroom. that would give some of the women in the courtroom chills. what did he do when he first got picked up? he lied three times. if it was an accident, one with pink that i don't care what your education is. whether you speak english or not. i picked up the gun and the thing went off. i was shooting at a seal. i shut it into the ground. pick a story here. the da should have pounded that to death. and had one theory. you are absolutely right. when that theory about he pointed it at them.

you just lost all credibility with the jury. >> frank sommerville to continue our coverage of this breaking news. not guilty in the kate steinle murder trial. frank is joining me now.>> i would have never come up with a theory that he pointed the gun. to me that is a little too greedy. i want a first-degree conviction. go with the facts. he shot it at the ground. what is wrong with that.

we did our best. we tried it as best we could. we put our best trial attorney out there. and it just didn't work out. what can you tell them? i can't imagine as i said, my heart and my condolences go out to them because they have to be suffering. they have to be disgusted with our judicial system. what can you say to them? even if the prosecution as you say shouldn't have come up with this theory that he deliberately targeted kate steinle, does it still surprise you that the jury found him not guilty of anything? >> yes. it does. i mean, in a word, yes. it really shocks me because you have someone that picks up a weapon and -- i keep pounding it, but someone that lied. and you just don't lie if it's an accident!

tell the truth. and you can't blame that on i don't speak the language. i'm not well educated. people in their heart of heart also tell you, it was an accident. i picked it up and it went off. i'm so -- but no, i was shooting at seals. i was doing this. i walked away. no. all that -- >> threw it in the bay. >> yeah. and so i -- i don't know. i didn't sit through the whole trial. but i do know the things that i have mentioned. the crazy theory why. >> how does this play nationally? >> badly for san francisco! and it plays badly for that district attorney's office because you have who you put your best out there, and i know from talking to people there, they were pretty isolated in trying this. i know in alameda county when i used to try murder cases and i was really lucky to be in an era where the people that were on the team i was on which handled the murder cases, were all helpful. they would talk to you. hey, try this, do this. nobody -- they have egos. but not big egos that they wouldn't help. >> i want to take a brief

moment to pause because we're going to start the 5:00 news on ktvu fox 2 news in just a minute. ♪[ music ] linda macdonald, captioner vitac corporation we begin with that breaking news in san francisco. a verdict reached in the kate steinle murder trial in just the last 30 minutes. the jury found the defendant not guilty of murder in the san francisco pier shooting. good evening, everyone. i'm julie haener. >> i'm frank somerville. the jury did convict jose inez garcia zarate of being a felon in possession of a firearm. but he was not guilty of all the other charges. ktvu's tara moriarty was insico outside thhall of justice. now, tara, what was it like inside the courtroom as this verdict was read? >> reporter: absolutely quiet. there was not a whisper or anybody moving in that courtroom when this verdict was read. i think that collectively, most of the people who have been paying attention to the trial and sitting in there day after day were really shocke