of selling below cost, illegal under unfair practices act saying they sell cheap gas to lure customers to stores and is able to makeup the cost with grocery saechls a judge indicated he will issue a temporary injunction as eshlly as april 25th likely forcing the grocery giant to stop selling gas below cost through a discount program. one attorney calls this impending injunction a huge vikt rye benefit is that with competition they'll get lower prices and more stations will be able to compete opposed to if safeway succeeds in running independently owned gas stations out of business there will be no competition. >> there is a safeway representative wrote that the

court has not made final findings that we do not believe there has been a violation of the law. this injunction orders safeway to comply with the law which the company is already doing. as i said the next court date is scheduled for april 25th. >> police investigating a shooting that may have happened somewhere else. we can see a car with a back window blown out. >> sometime earlier a man taken to the hospital with a gunshot wound. police say won't say if they just pulled this car over here. >> and police in concord are investigating whether talking on a phone may be a factor in a crash that killed a father and young daughter. a 17-year-old intoi in custody after slamming into the family

as they're riding their bikes. abc 7 joins us live now from the scene of the weekend tragedy. laura? >> him. carolyn. there are eye witnesses who saw this boy apparently speeding and there are indications he may have been distracted but police are seeking records and want to know whether he was distracted by his cell phone. while family and friends pay respects for a father and daughter killed by a speeding suv, police will take a look at the 17-year-old driver's cell phone to see whether he was using that phone when the accident happened. >> so you can take a look at the cell phone records, see if they match the time he's driving and this gives us an indication of either texting or talking which may have helped contribute to the accident. >> we're not using the driver's name, he's under age 18. the boy will be likely charged

as a juvenile with two counts of vehicular manslaughter then only if the district attorney files a special motion a judge could decide to try the teen as an adult its not one of those crimes, therefore in order to certify into adult court on a vehicular manslaughter case we have to ask the court to do a function to get that juvenile into adult court. >> the collection of flowers and candles continues to grow where he and his young daughter lost their lives. >> she was energetic and hatchy. so smart. so beautiful. and friendly. i, my heart breaks for the kids at woodside. i know this is going to be a big loss. >> thoughts for the yun man? >> my heart goes tout him, thoo. is going to affect his life forever no. matter what the outcome is. you know? legally.

and this is going to be devastating. >> now, i spoke today with the driver's father who has no comment except to indicate he, too is upset and the prosecutor has until tomorrow evening to file charges against the boichl he told me it's unlikely because the case is comply kaitd that, he'll meet the deadline so it's possible the driver could be released and then, rearrested when those charges are filed. >> thank you. >> crews had to use the jaws of life to rescue a driver trapped after a crash on the bridge today. the pick up stalled when being hit by two vehicles. the accident blocked traffic over an hour. the driver air lifted to the hospital with major injuries. >> oakland police have cracked a murder case over the weekend arresting a man in connection with the shooting death of charles butler junior in

december. his sister, valerie told abc 7 news the family is pleased with how police have handled this case. >> i want to tell the people out there give them a chance. the fact is that murders could be solved immediately if people would stop this code of silence and allowing murderers to hold him hostage. >> butler says it's difficult knowing neighbors witnessed the murder but won't talk to police. >> we live in the neighborhoods so how are they going help us?. >> police have not released a suspect's name but say more arrests may be coming. butler just graduated from a marine program when killed. now, later tonight you're going to be able to see the interview on abc 7 news.com. >> and it's not often a murder defendant testifies on his own behalf. that is what ramos did today.

accused of killing three members of a family as part of a mistaken gang hit. vic, ramos talked about haired childhood. >> ramos moved her as a young teechbl he had problems at home, didn't speak english well, ran away numerous times. he had problem was the law and joined a street gang. he admits that on the stand. he says that is he not the shooter. the prosecution accused ramos are shooting the death the victims june 22, 2008 saying that ramos was a member of a group affiliated with a violent latin american gang and mistook one son for a rival gang member as he drove by. another son not injured and

testified as a prosecution star witness. he identified ramos as the shooter, ramos claims another gang member and car fired this gun and that he never knew there would be a shooting. ramos said he was abused by his mother until he ran away. joining a gang at age 16. my mom told me i wish you were never born when i cried she said i was game i ran away many times after my mom's boyfriend beat me up. ramos claims he got out of the gang before the shooting and only giving the shooter a ride that day. he says as they were leaving the other person began shooting -- shouting they were rival gang members and that he began firing. ramos says it wasn't until two days later he learned people died. i was scared someone shot out of my car, now, i read that some people died. now, i'm 10 times more scared.

the district attorney says it doesn't matter what ramos says, he believes there is an iron tight case. >> we presented nearly 100 witnesses and over 500 pieces of evidence. this is a strong case. >> she knows how risky it is putting him on the stand. >> there is a gamble. >> we'll find out, won't we? >> where is this gang member whom ramos says is the shooter? he simply disappeared. ramos comes back on the stand tomorrow morning. >> okay, thank you. police are admitting tonight that they didn't have enough officers to cover the city on one of the busiest nights of the week on friday. wayne freedman joins us live. what is the reason for the department's transparency on something sure to raise

concerns? >> there is we all know oakland can be a tough town. on friday night there is one of the nights receiving 125 calls between 6:30 and 10:00 p.m. and that admission they did not have enough officers. today both police and citizens took honesty to new extremes. >> when he call, you hope they show up today, member as agreed with it. we have a public safety crisis. and don't have enough police officers for the city. >> the department admits it paid a price 13 out of 35 beats went under staffed. meaning some residents never received service.

>> if you call the police we're going to get to you. it may not be in a time frame that you may expect but will come and take that report. >> that oakland released information may have been a calculated move. three months ago the department had 150 more officers than it does now and there is friday night, the department came up short and adapted. >> would have that happened four years ago? >> the department says it managed just fine friday night and hardly reassuring in a city as volatile as this one. >> this is taking enough of the tax money. >> and this first call made today after that meeting to jean quan. she said the mayor had not yet

receive aid briefing and no comment. >> thank you. >> still coming up here tonight a caltrans project is head of schedule. what it's going to mean for the commute across the golden gate bridge. >> there is rain off shore now and i'll give you a look in the accu-weather forecast. >> the case of the disappearing tax refund. how we broke this case wide open. later on 7 on your side. >> and easter sunday editions to the first family

>> closed captioning brought to

you by mancini sleepworld. the man calls himself the painter of light being remembered today by family and fans. an autopsy performed today on the 54-year-old thomas kincaid who died over the weekend at his home. we are live with more on this popular painter. >> there is a visit to one of the original galleries today, yorns say they're seeing a third in sales, orders coming in over the phone, online and in person. there is a thomas kincaid painting at this gallery in capitola. the addition to her collection comes three days after the famed artist died in his home, only 54 he had so much more ahead of him. and this will be a big loss

to -- to the world, really. >> publicly promoting faith and family, and sold 10 million works. his images and mass marketing atrafkting fans as well as considerate yiblgs. don sanchez interviewed kincaid in 2004. >> i'm an easy target for critics. there is a lot of cynical attitude autos the phase him faim and fortune were complicated facing legal battles bankruptcy protection and alcohol abuse this, mug shot after aarrest in 2010 went viral. the family says he appears to have died of natural causes but the coroner has order aid routine toxicology report. the gallery owner who knew kincaid has his own suspicions. >> i knew he had been having respiratory problems and pneumonia that we thought doctors had it under control.

>> those who do not celebrate his style recognize his many chairitable contributions. >> i know as a kmunlt member he was a benevolent man here. >> this proof of conquering the storms with his personal signature went from 5,000ses today $6,000 overnight. >> studio signed by tom himself at this point they're retire sod they're going to be sought after. >> the family assured distributors the thomas kincaid company, reproductions of work will continue. the coroner says it could be weeks before the cause of death is known. >> thank you. >> here is good news if you use doyle drive approach from san francisco. portions of the new roadway

and tunnel are expected to open by memorial day. and now there is a series of detours and a bit of a hassle this, will require a full weekend closure to do that. the weekend is april 27th. caltrans is scheduled a meeting for 6:30 p.m. thursday at mill valley community center. >> conflict interest of questions being raised tonight over a consultant hired to judge accuracy of ridership estimates. now arks cording to langs times the consultant gets paid $400 an hour once worked for a company preparing the estimates. the company predicts high speed rail will have 20 million riders per year. the consultant and panel says they're reasonable and he denies there is a conflict pointing out so few people

have expertise in travel forecasting that it would be hard to find anyone who doesn't have similar connections. >> travel forecasting and weather forecasting not so easy but we're sure rain is on the way. >> there is we where suspect rain. here is a live view now of dry conditions and mild conditions. and looking northwest, you can see low clouds and high clouds above. there is a large massive moisture off shore off the north coast. there is rain developing here and right now we're dry and mild. there is 70 hz in san jose. cool 58 in san francisco.

there these are the highlights. rainy ask cooler tomorrow, there is isolated thunderstorms late tomorrow into early wednesday ask instability there. we'll have unsettled and probably wet weather throughout the remainder of the week. there is a approaching cold front producing wet weather that is going to be our rain maker. and showers and cooler style on wednesday and looks like we'll see wet weather every day for the remainder of the week. at 7:00, clouds continue to thicken and official beginning of the morning rush will see wet spots on the road. and rain becomes more wide spread. there could be heavy down pour that's will continue throughout the day foo late afternoon. we expect heavier rainfall in spots especial tli area

reaching from napa county that will be late afternoon, rain tapers off but there will be set wet spots probably thursday and throughout the day we'll see areas of showers into evening hours, by 7:00 rainfall totals should approach an inch and a half from half an inch to an inch and a half. and between quarter inch and three quarters on the peninsula. there is a wet weather system coming our way. low temperatures tomorrow into upper 40s and 50s closer to the bay. tomorrow, possibility of a lightning bolt or two. breezy conditions near the coast. will be cool with highs reaching only into upper 50s to low 60s and similar reason -- conditions down near monterey bay. perhaps up to 64 in gilroy.

and there is a couple days of rain and showers. thursday continuing into at least part of friday. drying out and warming up over the weekend and there is some mild summer, like, feel like summer on sunday and monday. >> looks good. >> coming up next an upscale hotel about to get a major makeover. >> a bet on the bay area ring ring hello, progresso. it fits! fantastic! ring ring] progresso. they fit! awesome thk you ring, ring [ man ] pro-gresso

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based on the strength of san francisco tourist industry a downtown hotel about to get a major face lift. the hotel sits next to the westfield mall and has been sold for $30 million. and it's a sizeable bet on the city economy and the new owners point out that revenue in san francisco rose by 20% per room last year, more than any other big city in the country. >> there is a delayed reaction to friday's jobs report. the downtown down 130 points today and dropping below a 50 day average. there is about 1% of the values. news reports from japan indicate that sony is about to

cut more than 10,000 jobs in the coming year and it's sales have been weak. the company had a $2 billion loss. shares of aol shot up when the company said it would sell 800 patents for $100 cash. and at and t decided to sell a majority stake in the yellow pages. ad revenue has strength and people turned way from internet. >> and bicycle riders unhappy about plans to install rumble strips. caltrans wants to put strips along 10 miles of highway one to reduce car accidents. there have been 10 fatalities here. santa cruz named one of the

world's top cycling destinations and bike riders convinced this will create more safety issue autos when we come back, facebook's new billion dollar baby. helping you share pictures and helps them share information. >> and two men admit their role in a string of murders targeting african americans in tulsa, oklahoma. >> a development that could force a watch captain out of hiding in the death of trayvon martin. stay with us. another half hour of

good evening, once again, facebook created new multi millionaires today it bought a photo sharing service called

instagram. why it is worth so much? >> it's more than a smart phone photo application. it let's users post groats on several sites including facebook twitter and tumblr saying it provides valuable information about personal interest autos taking photos of snow boarding. i'm taking photos of cars and i tag that. facebook is going to be able to tap into the data making their ability richer. >> and there is the ceo of wildfire, photos taken by users searchable often posted on web sites to promote popularity and spread brand wareness, facebook believed to be going public and the deal giving it more value. the ceo wrote, quote, we don't plan to do many more of these in nismt but providing best

photo sharing experience is why so many people love facebook. and analysts don't believe it's done with accusations. >> you can't believe that. and reality is that they're going spend the money when they see fit. and. >> insta gra has two cover founders. the rest going to perhaps some of the employees. they can still post it on facebook sites it shouldn't affect their experience l i imagine facebook is going to learn a lot from instagram. >> and there is a launch meaning it became a billion dollar business in a year and a half. warp speed yeechb by silicon valley standards.

>> late word from tulsa, oklahoma tonight two. men accused of shooting five african americans last week now confessed. they made a court appearance today via video conference from jail. three victims died, two seriously injured. prosecutors now deciding whether too charge the two with a hate crime. >> we'll make decisions facts bare out, it's preliminary to determine what motivation was behind this. >> england agriculture father shot two years ago by an african american. police believe koit have been a motive. shortly before england referred to his father's death on his facebook page using a racial slur and warning of more funerals still to come. >> he hasn't shown his face in public for 43 days but george skimmermanman may be soon

forced out of hiding. a special prosecutor handling this case said she'll decide whether to charge zimmerman meaning it won't go before a grand jury. the possibility of first degree murder is off the table. and zimmerman could be arrested this week for killing the 17-year-old teen from florida. >> we're cautiously optimistic since he was special lay pointed she'll look at evidence as american public looked alt evidence and decide that an arrest needs to be made in this case. >> there are thousands that called for his aest. part of the police department had to be shut down after protestors blocked the entrance. >> there is state sthor mark leno may be getting help in a battle against chemical companies trying to introduce legislation changing the

requirement and says it's time for a review. >> last year a study found fire retardant chemicals were showsing up in children, required in the manufacture of furniture sold in california. >> very seen averages of fire and deaths. >> remember this message? there are videos produced by a group calling themselves citizens for fire safety to the purpose to lobby voters to change california's rules. >> lobbyists were promoting a lot of misinformation. i'll be gentle with the choice of words. >> mark leno says it was pushing a fwoil change the rules because chemicals were showing up in children. arlene bloom is a bio chemist. >> california children have some of the highest levels in the world of the chemicals in their body. >> she spoke fl a conference in colorado saying up to a

pound of the chemicals are used in the manufacturing of a couch. rules for the treated furniture date back to 1975. in another interview a former researcher told me he ran tests. >> answer is no. absolutely not. he did not get a fire that smaller. >> saying the fire retardant foam doesn't make a bit of difference because it's material covering foam that catches fire. >> and this will bring a small plain to a piece of furniture, it's a outer layer. >> the state senator says he has been trying for years to change rules. >> each of the ties no matter which approach were defeated by chemical industry. >> the state department told me that, quote, we realize

times changed and there are newer, more modern ways to make furniture burn resistant. and the department says it is moving forward to establish new standards. >> seems like a reasonable thing to do but that is the bill that went down in committees last year. >> is the bill was shot down last year. our partners traced $25,000 in contributions from the companies to the members of the committee that voted down the bill. that is over four years. our calls to the companies and the citizens for fire safety were not returned. dan? carolyn? >> interesting report, thank you. >> and coming up next a bay area woman puts her tax refund on a debit card. only to see it disappear. >> michael finney cracks the case and he finds her money. ñq

it was an incident on a flight today that ended with a man being escorted off the plane this, is video of the passenger sent up that happened at honolulu airport on united flight 724. you can see security escorting a man off the plane there, not saying what happened or if they ended up arresting the man but the flight took off on time without him. >> and there is a tax deadline approaching and a bay area

woman chose to get her refund in the form of a debit card regretted it. there is her story. >> davita did her taxes online and says it took her just a couple hours. >> i got confirmations and there is a refund in the form of a prepaid debit card. >> everything was perfect. the balance was tlrk everything was perfect. one day, it was closed. >> she says she still had a couple thousand dollars left on the card. and she called the number on the back of the card but no one could explain what happened. >> well i went into aman pan yichblg i knew i still had lots of money. >> she typed in turbo tax complaints and found postings from people who experienced similar problems.

>> i was like okay i'm not getting anywhere. i kept calling and after about a week i contacted 7 on your side. >> we contacted intuit. it told u.s. is pishus activity forced to it put the card on hold. they do it to protect customers. and some cases are caught up and we need to work to get it worked out, intuit reactivated the account. she was able to use it. >> i don't know where i'd be. i didn't get return calls and they hadn't received my faxes. >> the company would not explain what caused it to suspect suspicious activity. now, if you have a issue let me know about it by going to abc 7 news.com. >> great story head tonight.

a program turning high school droppouts into role models. >> stay with

researchers at uc davis believe they've found a link between a mother being obese during pregnancy and a higher autism risk for her unborn child. the risk is about one in 88. the davis team found that increases to one in 53 for obese mothers. rates go up for moms suffering from diabetes or high blood pressure during pregnancy. >> those conditions share insulin resistance, he leading to poor control of blood sugar and also are characterized by a chronic inflammation. exactly how that would affect the brain of the fetus is not very well understood. >> the researchers say they want to see more studies into how environmental factors may contribute to autism. >> there is a community center changing lives by helping high

school droppouts get their degrees. there is is a wait list to get in. >> what do you see yourself doing? where do you see yourself? some people saying well i'm not sure i see myself alive. >> that is the reality for many students dropping out of high school. in this small classroom under guidance they're working to rebuild their lives. 40% of the high school students drop off every year. joe is one of them. >> i kept skipping school with friends. i decided to change. >> he has been in jail several times. without a diploma he realized he was jeopardizing his future. he came to the east oakland youth development center to prepare for a ged test. the educational services

coordinator, students call her miss anana. >> round to the nearest tenth. >> if this is yards, feet, inches... >> she's reminding them to stay focused. >> so now, this tirjs you can be conscious of what you're doing and say okay. i won't be making that mystic again. so... let me sit down and get this right. >> she says more students than ever are coming to work on their ged. >> i don't have a stable home. so it's like... i want to build and make a better life not just myself, my son, too. >> the economy of drugs and violence have forced others to leave high school. some have a hard time passing the exit exam because they were never academically prepared. >> they don't know what they're doing but are being passed from grade to grade.

why is that? >> 2012,... >> daniel rocha met requirements but cap and gown are her way of acknowledging his hard work. >> my whole live, my parents, teachers and friends told me i, you know, i should have been somewhere else. that is how everyone feels so it's now or never. >> the program has been successful. according to miss anana, 75% of the students who got geds here went on to a college college or vocational school. and rocha wants to go to college to major in religious stud study autos they have to start seeing sthechls as a role model. whether they want to believe it or not they're being watch bid other people. >> in. >> east oakland abc 7 news. >> that is a remarkable program f you can help that group there is a link on our web site if you'd like to host the next listens meeting also

go to our community page. >> if yufr not been paying attention to spencer here he is, again. >> you knew risks. and there are those two paying attention now. take a look at live dop plir 7. we're waiting for rain. it's just hasn't arrived yet. tomorrow, you can see there will be' good amount of rainfall just about two thirds of the state will see some rain and certainly down south. it will be dry and warm. there is nothing like that here tomorrow there is a wet day with rain into w o. e hours of the morning. there is a is a week of wet weather. rain tomorrow, showers on wednesday. and there is more rainfall continuing into friday. >> looks like a messy few day

autos in santa clara, a peregrine falcon has given way to baby chicks. you can see one peeking out. this is a pretty cute. >> coming up what a day for a giant up next we're talking barry zito doing something fans have been c

hope you can join me on cable channel 13. coming up what to do about neglecting pay phones. and then at 11:00 kids to the rescue. mazing video of a bus driver passes out behind the wheel. see you at 9:00 and then, again at 11:00. >> now, rick quan with sports. >> a lot of barry zito haters better quiet down. there is a a lot of fans that are not very optimistic. this is a early lead there is

a fast ball into the second deck. zito had a terrible spring fraining but today on his game getting help from sandoval and he did look sharp, hector sanchez got a start behind the plate and did well in the third there is a zito getting dexter fowler. there is is brandon crawford with a double three runs will score. there is a complete game and getting todd helton on a grounder to end the contest. the first shutout since 2003. >> my body wasn't cooperating with me. everything was in the

zone. you know? today it was more down and hector sanchez had a hell of a game. >> sharks prepared for game one thursday in st. louis. san jose had a bad case of the blues clues loousing all four games. and st. louis allowing fewer tran than two goals per contest. >> they've got two big goals. just going start and we've got to find a way to score goals. so get playing there and get concentrated now. >> we have a lot of person on it. our goal is on the way now. >> and after being traded by lakers and dallas lamar odom never could make at justment. the two sides agreed to end

their relationship. according to his wife, he is depressed. dallas plans to list him as inactive the rest of the season. >> you said how important he was to the team. how much are you going miss him? >> key word is was. was. he isn't here anymore. it is what it is. >> and there is nuggets rocky having his way so far. there is a huge dunk here then score was a left hand. the nuggets shot 54% the first quarter. there is right now 52-28 denver. and to help raise money golfers playing up to 100 holes today at sequoia country

club in oakland. >> this is fun. and they show you fundamental autos he's more mature and focuses better. i love that. it's helped a lot in the classroom as well. >> fabulous program. >> yes. next time you think about writing a four or five on the score card think about the kids. >> i'm thinking about bubba who had no lesson autos great story. >> yes. >> that is this edition of abc 7 news. >> for the abc 7 news team have a good night everyone. >> we'll see you at 9:00 and 11:00. i want healthy skin for life. [ female announcer ] improve the health of your skin with aveeno daily moisturizing lotion. the natural oatmeal formula improves skin's health in one day, with significant improvement in 2 weeks. i found a moisturizer for life.

[ female announcer ] only from aveeno. time to celebrate each day. time for a dr. scholl's for her insole so we can rule fashion rather than fashion ruling us. dr. scholl's for her insoles make your heels feel so good, you'll want to get up and go. can i have the definition? swapportunity: the opportunity to swap a higher calorie snack for a yoplait light. can you use it in a sentence? mmm. swapping a 300 calorie donut for this 110 calorie strawberry shortcake is a good swapportunity. that's not a real word. oh haha it's real. [ female announcer ] delicious, creamy, yoplait light. over 30 flavors each around 100 calories. do the swap today.

captioned by closed captioning services, inc. this is "jeopardy!" let's meet today's contestants-- a teacher's assistant and school bus driver from asheville, north carolina... a law student from charlton, massachusetts... and our returning champion, a mechanical engineer from sunnyvale, california... whose 1-day cash winnings total...