live, from the bay area's news station this is kron 4 news a 4:00 p.m. >> right now, a developing story of antioch. a 3 year old boy was critically injured in a shooting. this was on elementary court. >> christine? >> we are beginning this any moment. still getting some of the details from the antioch police department. we are hearing that it is a two year-old boy. he has passed away. and let us roll

some video. from the scene, this is a lemon tree court. where this occurred at 11:30 family members outside, crying. this was the little boy's birthday today. they actually had gone out to get balloons, and other items for the birthday party that there are going to have over this weekend. off with a lot of very sad and family members by this. we talked to them and let us take a listen to what they had to say about we getting information. >> all i know is that he was shot in the face, accidentally or whatever. i do not know what happened. and hospital? i do not know? >> and condition? i do not know. i cannot give any information from anybody. i'd just want to my nephews funeral, and it is just too much murder and stuff going

on, to shooting. . >> and now, you can see a photograph of the boy and a former member that his name is jayon this is a cellphones photograph. and we're waiting the latest from the antioch police department. if not too many details. and with a video earlier, some person in handcuffs. and if no arrests are made yet? will give you the latest of permission as we get it. again, expecting a news conference any moment. >> we will go back to that news conference once it begins. >> in the meantime, sexually assaulting a two year-old girl. the 36 rolled sex offender has grabbed this child inside a dollar store. previous includes sodomy, assault, and this was at the

co road in union city. kron 4's, kate thompson. union city, she has the latest. >> kate? >> without the help of these two men. there were at that shopping center. his most likely that eugene would of gotten away. we have video of where he was, yesterday afternoon. he snatched a two year-old girl. out of the side of her grandmother, for just moments. according to police. he took the girl, and took the diaper off, and will straddled her, and sexually assaulting her. this happened within 30 seconds. they saw what happened and chased him out of the store. that is when two men, one that was inside, shopping and one was outside collecting holiday donations took off after him. tackled him. pantoum to

the ground, and called 911- tackled him to the ground. >> and she had her daughter naked and she was crying. she was very upset. >> issue was chasing her with her daughter in her arms? >> yes. >> issue was chasing him and she was--chasing him with a daughter inside her arms. >> and police say that during this investigation he had admitted to the charges. with kidnapping, sexual assault with a child under 10 years old rape by force and false imprisonment. and he is a previous sex offender. he has spent time in a jail for sexual assault of a seven year old in hayward in 20 03. reporting in union city, kron 4 news. >> let us go back to our story at the top of this news conference this is

police in antioch. >> >> at 11:33, we reporresponded o a gunshot wound on one entryway. on a rival, a two year-old had a gun and shot to his head. and drastic measures were taken he was transported to a hospital and a potentially, pronounced deceased. the pulmonary and since has determined that the child was in the parents' bedroom, with the four year-old brother. the paternal mother and was caring for and as of the other end of the apartment. she heard a gunshot if the foyer of exit of the room, the grandmother founded the four year-old and the two year- old together. a neighbor outside heard the gunshot that a child was shot and subsequently, called the police. will the police for on the scene come off the mother, the father, arrived

home. and after being brought to the police department for questioning the recently purchased that firearm for safety. he loaded it in a drawer, and the bedroom. interviews, ongoing. how this determined firearm was charged. and with felony child endangerment, a arrest of death and reckless storage of a fire arm. he was also a convicted felon of possession of a firearm. previous was weapons and assault convictions. he was wrestling discharge on parole. -recently discharged on parole. >> being questions. interviews are in process. >> the four year-old name? >> run not releasing that.

we are not releasing that. >> it was a handgun. yes, the mother. i do not have that information at this time. >> you have been missing to a news conference by police in antioch. and the death of a two year-old that was killed on lemon tree court. apparently, with his grandmother. and another child. and a gun went off and these details are still coming together. charges have been filed with child endangerment felony. this two year-old has died. we will continue to follow this development and bring you more throughout this newscast. >> and another big story, a rally with protests. the possible release of former police officer convicted of killing johannes meserle was

sentenced to two years in prison for fatally shooting on arm to a passenger, oscar grant. new year's day. johannes meserle once to be released on bail while an appeal of this case is being considered for organizers of the police say that releasing johannes meserle would be a mistake. >> if meserle is walking on bill tomorrow? he is a known flight risk-on bill tomorrow. he is a saying not only can you not be convicted of murder, and voluntary manslaughter and now, you are going to be treated as if he is just a petty misdemeanor. all he has to do is spend a few months in jail, get to bailed out. >> speakers of this news conference also want protesters arrested following the sentencing released and dropped.

>> and meserle attorney says that he should not be in the jail, and he will have likely a reversal of his conviction. >> the reason is because there's a reason of number of substantial issues that will result in a convection being set aside. because of this convention will likely be set aside, we should not have to do any additional jill, at all! >> meserle's the trail trial confecting information but michael cardozo, a legal analyst says that this judge threw out the gun hand verdict last month. >> i do not believe the judge is going to set a bill, he is going to look of the chances of him winning this appeal. and with the issues left in this, i cannot think they're going to set a- - bail >> and stay with us, for

continuing coverage. we will bring you the judge's decision, tomorrow. we will take a quick break and the card back with a lot more news. .

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>> and escaped inmate on monday. she had a baby in her arms when maurice ainsworth kicked in a door, and demanded kirkes. and will maurice ainsworth but the gun to we had that the children were put into another room and locked behind her. >> your inside this room when this man kicked the door down? >> yes, i was inside. he had a gun. and he said do not move, do not move. and i said that you really have to be in that room? because there is a man in there with a gun. and i just felt

>> with teachers, students getting some counseling. among outpoure pouring of support from the community. maurice ainsworth was detained, and is in jail. a follow-up from september. playgrounds, at 8 novado schools shut down when we started asking questions about a disturbing rise in injuries. they're starting to be reopened and maureen kelly what is going on with this? >> here, you can see children using a brand new play structures for the first time. months after there were opening and these playgrounds for fenced off after six kids procure arms in just a few short weeks. kron 4 was racing equiquestionsd perhaps this was too high? and i measured at 7.5 ft.

high. in this video, you can see that with these look like, now. and also, the swing sets record to come down next week. and this glider, that is is under lock and key until it can be replaced. >> the ones that have been set inspected, and have been reopened, and all campus personnel have been trained. and how to play on these, safely adult playgrounds will be open on january 5th. maureen kelly come off kron 4 news. >> the heating system that a current middle school, the with without heat. since monday. they had shut out that over the thanksgiving holiday to save money. and the temperatures in the school was 40 degrees yesterday morning! this is not been working properly since this started after the holiday break. they live

look, and the san francisco, the 801 split. the james lick bridge, and it is getting a little bit heavy. the bay bridge. is barely moving and how we 1 0 1 towards the peninsula is also at a crawl. we will be back with much more news, ahead. right now, buy a samsung intensity ii for $29.99

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7 7 >> a live look outside from our roof cam cloudy skies for now. light sprinkles a sustained. however, rain through the north bay you can see on the stormtracker 4. that is for the rainfall is streaming at this hour. not very heavy. the darker gray is indicating a bit heavier than other areas. you can see the darker near vallejo-cream-vallejo, and through several. it is not terribly heavy but it is also some shower activity in these locations. and we will be filling these after the

north bay with a steady stream of moisture pushing into northern california. and it is going to continue through today. for tomorrow, and even the saturday. these systems are going to combine. one on the corner, to mix together, and that is going to set offshore with the chance of rain fall on the sunday. a better chance of rain fall on sunday. the king of that much. it is the and a general idea. this afternoon, the rain in the north bay continuing to stream through the north area. with light precipitation but no accumulation. through the north bay, i would expect shower activity as far as the golden gate bridge. even the true test is not picking it up. and with the rainfall totals-true cast is not backing that up. rainfall new the golden gate, and traces in the south bay. haone 10th of an inch, and

also to the santa cruz mountains. if this not like it is going to affect too much kron 4 7 day around the bay and the chance of shower activity tomorrow in the north bay. and the chance of showers bay-area wide by saturday. the rain is looking like likely on sunday and through the afternoon. perhaps the heavier. the chance of rainfall will continue into monday and into next week. >> to keep an eye on that. stay with us. we will be right back after this. are you trapped

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>> taking a look at the market with a two day winning streak. for the month of december, strong retail, homes, and the dow jones rose 106. combining with the 249 yesterday, now the fastest to basin's religious life! and also, nasdaq was up by 30. >> the nasdaq has been increasing by also the dow

jones since the month of july-- >> the increase in filing unemployment the figures are volatile run the thanksgiving holiday. and also that but overall claims have fallen. 431 k and a two year-low. meanwhile, home sales were up 10.9%! the spike in october is the third gained since the month of june. signing has been up in every region except the west. and with more economic news. >> the shoppers are back. retail sales figures flew past all estimates of buyers. to get early season the bargains. and the customs service says that business was of an average of 6% from last year. the largest jump in the three

years, and nearly doubled of what analysts, projected. more people are shopping. and they're spending more. and this started with the deep discounts stores began and as early in october were introduced. the downside is that those markets could have moved up the holiday shopping season. perhaps the summer could fall as a result? >> and-december sales could suffer? >> and with smaller businesses, sometimes they're saying that foot traffic is just marginally better than one year ago. >> and small businesses would like to you're more of, perhaps more business with holiday business it is been as bad as it has been in the last couple of years. and through san jose a bit of improvement they have to be creative. book signings, and it appears to work. >> we are up a little bit and it is nice! and we

really appreciate people shopping locally. >> this arts/profs class what ever it takes. and the foot traffic is not enough. >> business has been a little slow. i think multiple stores on the avenue have been trying to band together and figure out what we can do to make sales. if >> the phrase, the new normal seems to apply like clothing stores. much like last year. >> i cannot reflect on only 10 years ago or even five years ago. last year, and not quite indicative of what it should be. the new normal? happy holidays. craig sklar, kron 4 news. >> and with the rainfall falling to the north bay. pushing to the delta. if we will tell you how long this rainfall lasted just a bit.

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