thanks for joining us i'm kristen sze.

i'm eric thomas. the song goes they call it stormy monday, but tuesday's just as bad. good morning many we have a narrow band right now. highway 101 novato through sonoma, novato boulevard east to highway 37 just about into american canyon. richmond-san rafael bridge rain moving into berkeley and emeryville further down the peninsula, san francisco, san bruno, 280, moss beach wet weather out there if it is not raining at your house now, the rain will continue throughout the day. upper 50s, a soggy, several days ahead. details coming up. good morning. this is a live shot of the bay bridge toll. high wind advisory on the span this morning. a few sprinkles. coming from the north bay, i used windshield wipers through central and southern marin.

high wind advisory now on the bay bridge. that may kick in as we get through the morning with the rest of the bridges around the bay area. we have a stall in san francisco southbound 280 if you are coming by geneva that off-ramp right lane blocked. 4:32. we are following developing news in san lorenzo where it appears a copper thief may to be blame for an early morning fire at a strip mall. the fire started before 2:00 this morning. this photo was sent by the alameda county fire department. it happened on the roof of this cash for gold business in the 17,000 block of hesperian boulevard. the fire was quickly knocked down. crews say the mall will not have electricity until the wiring can be repaired. the teen driver who kill a father and daughter in concord could be released today. the investigation continues.

amy hollyfield is live at the scene on treat boulevard with the latest. >> reporter: this community is never going to forget. check out the memorial that is growing where the two family members were killed saturday morning. it is still fresh on everyone's minds. if this driver is set free today he will be walking out into a community that is full of grieve. the district attorney says if the driver of the suv goes free it is because he needs more time to investigate and build the case against him. according to the law they have to charge the boy by 4:30 today or they have to set him free. the district attorney says all evidence probably won't be available by then they are still waiting on details like cell phone records to come in so they can find out if the 17-year-old driver was distracted at the time of the accident. >> you can took at the cell phone records see if they match the time he was driving.

it gives us an indication of possibly he was either texting or talking, which may have helped contributed to the accident. o' >> reporter: -- the father and daughter died saturday morning while out on a bike ride. they were hit while riding on the sidewalk by an suv who was speeding. the 11-year-old survived. -- [ unintelligible ] abc7 news has decided not to name the teenaged driver because he was is a juvenile. he's being held on suspicion of vehicular man slaterg.3] -- manslaughter. [ unintelligible ] we apologize for the in with her again.

oikos university in oakland is holding a memorial service 10:00 this morning. the university faculty, staff and students will take par in the service. the consul general of south korea may also attend. daily musical concerts are being held daily to remember the victims. man accused of killing three members of a san francisco family is expected to resume his testimony today. 25-year-old edwin ramos made his first public comments since the june 2008 killings. he told the jury he was abused by his mother until he ran away and joined a gang at the age of 16. he says his mom told me i wish you were never born. when i cried she said i was gay. i ran away many times after my mom's boyfriend beat me up. the district attorney says the

case against ramos is strong. he's accused of fatally shooting 48-year-old man, his 20-year-old son michael and 16-year-old son matthew as the family was driving home. prosecutors say ramos mistook one of the sons for a rival gang member. ramos claims he was driving someone else who was the shooter. one way to save a little on the price of gas is about to go away. a lawsuit against safeway is forcing the company to stop offering a special deal. lilian kim has more from novato. >> reporter: customers say the price of gas at safeway is a good deal. and a better deal if you have a safeway club card. the chain offers a three cent per gallon discount if you buy groceries there's more savings, 10 cents off per gallon for every $100 spent in the store. >> it is the cheapest in town that's why you have long lines . >> reporter: a lawsuit may

stop that. safeway is accused of violating the state's unfair practices act by selling below cost to get people to buy more reese. attorney represents the plaintiff who -- who owns several small stations in the bay area. >> if safeway succeeds in running independently owned gas stations out of business there will be no competition at which point safeway could increase its prices because there's no competition. >> reporter: the trial is set to begin as early as november. until then the judge has indicated there is enough evidence to issue a preliminary injunction this month that would force safeway to stop selling gas below cost. >> ouch! . that's a disappoint. again f it is a violation -- if it is a violation of the law it is appropriate. >> i don't care i want cheap prices. that's what i care about >> reporter: safe way says the company isn't doing anything wrong. a spokesperson wrote, the court has not made final findings we do not believe there's been a violation of

the law. the injunction orders safeway to come lie with the law which as we have argued -- comply with the law, which as we have argued with the court, the company is already doing. we are learning the cost of digging through a fourth bore of the caldecott tunnel is costing more. construction crews finally broke through and met in the middle last november. caltrans did not mention the excavation took longer than expected because of tough digging conditions. the commission says caltrans now expects to spend an extra 27 million dollars on the project. officials say that would come from funds set aside for unexpected costs. the tunnel is still expected to open in late 2013. the sanitary district believes it knows why 360 gallons of raw sewage spilled into fairfax creek an eight inpipe failed.

the spill went undiscovered for 12 hours. an emergency was declared so repair work could begin immediately. president obama will travel to florida today to make another pitch to boost taxes on millionaires. he will outline his support for the so-called buffett rule. people earning one a year or more would be required to pay at least 30% of their income in taxes. the rule is named after billionaire investor warren buffett who supports raising taxes on the very wealthy. the president will attend three fundraisers while in florida. at least two tornadoes touched down in northwest oklahoma injuring at least two and damaging a county jail with numerous vehicles. the national weather service says the tornadoes were spotted 5:30 yesterday afternoon in woodward county hail the size of spwaouflts knocked out windows of vehicles and causes extensive damage to every skylight at

jail. a child was injured by shattered glass and a jailed inmate was injured by falling glass. we have our own storm to contend with this morning. we bate the rain coming in. >> we did. unless -- we beat the rain coming in. >> we did. we have the rain up to the north and slowly sliding east. here's live doppler, highway 101 north bay novato south novato boulevard towards 37 into american canyon around vallejo we have heavier cell. further south not into the east bay yet. tiburon, golden gate , embarcadero caesar chavez from san bruno 280 moss beach looking at wet weather, temperatures mild due to the wind out there and the cloud cover, 56 redwood city, 55 san francisco, we are looking at south winds gusting to 22 miles an hour, half moon bay elsewhere not bad rainy,

cooler conditions today possibility of a thunderstorm tonight through tomorrow and then the second system bringing cooler air and still wet weather. right along the shoreline will continue to pump in moisture throughout the day today even if it is not raining now in your neighborhood this is the way it going to look tonight so it will be a wet one. sue has details about any mess-ups on the roads. good morning. so far, so good with the rain, light sprinkles coming down, slick roads for the rest of the commute, live shot of the san mateo bridge taillights headed westbound incline section of the highrise no problems camera is a little wobbly it is windy. we have a high wind advisory this morning on the bay bridge. right now this is san rafael southbound through central san rafael past the civic center light sprinkles already falling there.

here's a look at the bridge situation high wind advisory now on the bay bridge this morning. carquinez bridge, san mateo, golden gate bridge okay that could increase as the morning goes. earlier stall in san francisco 280 cleared out of lanes we had roadwork in sunol calaveras road closed construction ongoing for the next couple of months. first reports of an accident 205 westbound in tracy multi-cars blocking the right lane. hanging up on cell phone thieves. the new power you will have to make it tougher for anyone who steals your cell phone to sell it. new this morning, who an abc poll says would win if an election pitting president obama and mitt romney were held today.

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checking out downtown buildings. doesn't look too wet some parts of the city getting sprinkles more to come. we'll check in with meteorologist lisa argen. four major wireless carriers are teaming up to make it harder for thieves to use stolen cell phones. within six months you will be able to call verizon, at&t, sprint or t-mobile if your phone is stolen and they will block your phone from being used again. each cell phone sold in the u.s. has a unique number. the carriers will be able to use the list of permanently disabled stolen phones according to the "new york times" 1 out of 3 robberies in the u.s. involves a mobile device. new poll out this morning shows the presidential race looking like a two-man face off. >> reporter: there are several political lifetimes to live between now and november.

things can change. if the election were held today, president obama would have to like his chances. new poll out this morning has the president leading mitt romney his likely gop opponent by seven points. last month they were in a dead heat. the president's biggest advantage is women. they like him by 57-38 over romney, nearly 20 points. among men the poll shows the president trailing romney by eight points. it says overall voters seem to like the president more. in that category friendliness and likeability mr. obama leads by a 48 points. how could romney turn things around? his strategy has been to convince voters that president obama is out of touch and the main super pac supporting romney is planning a major ad campaign to spread that message. 4:46. made in the u.s.a..

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pediatrician recommended brand. lysol. mission for health. good tuesday morning. cold front move moog the bay area narrow band of moisture. -- heaviest rain to the north i'll pinpoint where raining and where it will be raining in just a few moments. 4:49. today the national transportation safety board will release up dated information about last year's deadly plane crash at the reno air races on september 16th, of last year the plane went out of control and slammed into the crowd killing 11,

including the pilot. the board will make recommendations for ways to make air shows safer. the news conference will begin 10 a.m.. local congressman leading a charge to push bart to buy american when we -- when replacing trains. a news conference this morning on treasure island. they've introduced federal and state bills setting restrictions on infrastructure built with taxpayer money as the board is close to awarding a billion dollar contract to a canadian company. caltrans chose chinese over american made steel for the bay bridge. in 10 minutes more about the person or persons who will be sharing the record 656 million dollar mega millions jackpot. these are live pictures as officials prepare for the big news conference. one of three winning tickets sold at a 7-eleven in

baltimore, maryland. the winner has chosen to remain anonymous. the winning ticket was not claimed by the mcdonald's worker who suggested she won. the other two winning tickets were sold in illinois and kansas. this was bizarre enough that shouldn't be a big surprise that she didn't have it. >> i can't believe it! i was so sure it was in a chicken mcnugget or something. [ laughing ] >> time for the weather. one thing for sure we got rain. >> a narrow band of rain so not everyone is seeing it, mild and windy as well. a look from san francisco right now we have light rain showers and live doppler shows that the rain is concentrated in the north bay and is moving up towards vallejo, pushing into the east bay and down the peninsula now. as we go into the north bay, highway 27, airport boulevard,

121, 29 and 37 towards american canyon looking like wet weather there. moderate rain further north up near sonoma, lakeville highway wet. further south tiburon, richmond san rafael bridge through san francisco, wet weather. into the east bay foothill boulevard through piedmont and moraga light showers. further south 280 moss beach wet weather much of the south bay die, 64 mountain view, if you are not -- if you are not seeing the rain yet you will run into showers throughout the day. winds ahead of the front. then we'll be behind it throughout the afternoon. we will see the possibility of a few sunny breaks a thunderstorm tonight or tomorrow. the second system on its heels. the break comes wednesday. here's a look kind of a tricky forecast, as it quickly moves through, we've got a few

breaks. by 6:00 tonight more showers on the back side of it through wednesday chance of showers throughout the entire bay area once again wednesday morning commute. that's when we'll get sunshine, better break. thursday, here comes the next system with colder air and 1:00 in the afternoon still wet weather thursday night a few more showers with colder air in place. if you are planning your day showers, breezy conditions, mid and upper 50s by the afternoon we'll call it scattered showers into the low 60s and more showers for your afternoon commute. still looking from a quarter to half inch of rain. by the evening hours thunderstorms maybe into tomorrow. better break wednesday. more rain thursday. weekend mid and upper 60s feeling and looking like spring. good morning. so far so good. slick roads and drizzle. you will need windshield

wipers around the bay. high wind advisory probably about to be lifted on the bay bridge this is a live look you can see cars breezing through no metering lights yet. live look at 680 towards walnut creek on to the 24 junction traffic flowing smoothly. 24 looking good no problems towards the caldecott tunnel in towards san francisco. issue in tracy westbound 205 tracy boulevard multi-car accident if the right lane i'm not seeing major slowing because it is early enough we'll keep our eye on this as the commute gets underway if you are coming from the central valley no problems over the altamont pass. bay bridge still issuing high wind advisory at this hour. carquinez, san mateo, golden gate bridge, all showing clear conditions. no wind advisory as of yet that could change as the morning goes. you might want to give yourself extra time if you are heading out to this morning.

it could get a little nasty as we go through the morning. 4:54. 18-year-old man in fbi custody this morning following an onboard incident on a united airlines flight bound for the bay area. look at the cell phone video of how the incident ended. the man is being led out the door. authorities say he got up from his seat wouldn't sit, locked himself in the bathroom as the flight was leaving honolulu for san francisco yesterday afternoon. he was taken off that plane and arrested. the man is a native of microknee shah. it is undergoing a -- psychiatric evaluation. bikers unhappy about plans to install strips along a coastal highway. caltrans wants the rumble strips 10 miles of highway 101 north of santa cruz to reduce car accidents there have been 10 fatalities in the past eight years. santa cruz has been named one of the world's top cycling destin nations bike riders are

convinced the strips will create more safety issues. quick-thinking 7th graders are being credited with saving the life of a bus driver in washington state. check out this video. >> you heard the kids shouting call 911. see that, a kid running up while the students notice the bus drifting and the driver was not moving. it turns out he suffered a heart attack. the first student to get to the front of the bus, jeremy grabbed the steering wheel following the words of superhero in a book he read. >> i didn't know i was acting on instinct it was happening quickly. i was reading a book about these superheroes and this guy was in a bus and he was talking on his walkie-talkie and the guy was telling him to turn the ignition off. >> that's what he did another student performed cpr on the driver. by chance a principal was driving behind the bus and he

took over the cpr until emergency crews arrived. i'm sure in this case, they didn't give the children any tickets, you know the highway patrol for diving underage. >> kudos to those kids, way to go! he's accused of hitting and killing a concord father and his daughter. hours from now a teenaged driver may walk oft jail free. we are live with the legal maneuvering that has a lot of people asking why. the new roadblock ross mirkarimi faces to be reinstated. decision expected that could put college plans of thousands of south bay students in jeopardy.