along with other law enforcement officials arresting 13 identified members of a south san francisco gang called 500 block c street gang. or known as c street gang. six others were in state and federal custody. the u.s. attorney says today's operation shuts down a violent gang known for being involved in guns and other violent crimes, even murders. >> this violence must stop. this indictment is a message to gang members they'll be brought to justice for pain and sorrow they inflict on the communities. for victims and families there is nothing we can do to bring back their loved ones. i hope charges will be bringing them some closure. >> the large scale gang sweep included raids in the northern peninsula. police and federal agents

raided this house in san bruno at about 4:00 in the morning. jose morales was in the garage. >> they said put your hands up. i put my hands up. and then, all of a sudden it went boom! and everyone started running. >> the boom was a flash bang. he says dozens of officers entered his home and says they searched the house. >> weapons is what they were looking for. >> they arrested his girlfriend and her 25-year-old son. it the shootings left three wounded. the victims were members of gang members who wear red. police say the shooters are likely their rivals, another faction called c street gang. since shooting and retaliation hits that followed south san francisco police assigned four officers to fight the problems and provided u.s. attorney

with a list of suspected gang members indicted by a grand jury, triggering this morning's raid. and today's raids were a result of an 18-month investigation. the u.s. attorney says that the gang members were responsible not only for three murders here in south san francisco, but also, for several murders in san bruno. >> there is breaking news in vallejo. a store owner shot and killed a suspected robber. this is not far from vallejo high school. wayne freedman is live now. wayne? >> that is what we know so far. let me set the scene for you. this is the corner of broadway and illinois. we had a small church in the front, then behind us there is a jewelry store, the kind of place where people would buy and sell gold and silver. we're told still inside is the body of a man who tried to rob

this place. the coroner just arrived. this happened just before 1:00. the woman reported a burglary in progress and said there is a robber that had been shot. and the man was still inside. the victim has identification but police have to the released his name or information in terms of who he is or where he came from. but there is a history here of this happening before. saying another person came into the store and was shot after a robbery attempt. police are not commenting about this yet on camera. we expect any moment now a press release on the web site, maybe we'll get information on what happened here, from what we know, robbery attempt inside of this store. bodies still inside that. man or alleged burglar and two

people involved in this shooting still at police head quarters and being questioned. >> thank you. >> police are asking witnesses to help catch attacker who's beat a 14-year-old boy to death. he died from head injuries from a friday evening assaults at roosevelt park. police say the boy's father took him to the park and wearing the wrong color might have sparked an attack. saying he had on a red belt. saying reports the father witnessed the attack are not true. reyes recently transfered to the school. grief counselors were brought in today. >> a south bay teenager has been taken into protective custody after telling authorities she was being held against her will by a man. the 23-year-old from santa clara was arrested and charged with false imprisonment and unlawful intercourse with a minor, they were detained by

two inspectors for fare evasion. the girl is from san jose and had been reported missing. >> in contra costa county officials gailting the cause of a three-alarm fire there that broke out on center avenue in martinez this morning. officials say the fire began nay second floor bathroom. and two units were destroyed and all residents got out okay. four dogs were pulled to safety including two service dogs .s owners of an east oakland restaurant are still cleaning up this mess. a car crashed into stintson's soul food. the driver not injured and no word on how much damage is caused. you can see part of the building just caved in. police have not said what they believe led to this crash. >> a dozen people arrested in this week's protests in oakland waiting to make their first court appearance now.

and we're live with the latest on this. >> there is a delay here this afternoon. but in the last few minutes we understand arraignments did go forward. there are 39 arrests. most were cited and released. all but 13 of those arrested were cited and released. many were here today. this shows support for those still in jail. among those in custody was marisa zags, the bicyclist who was tackled to the ground around noon, tuesday at 14th and broadway. she's charged with misdemeanor resisting and obstructing a police officer and there are a number arrested for failure to dispersian. -- disperse. and there are occupy oakland with a committee designed to support demonstrateor who's

have been arrested. a spokesperson told us that police tactics are what prompted any violence. >> what they did is to have small police officers kind of borough into large crowds and target individuals ask arrest theft violently in the process, incite the crowd around them. >> and one of those arrested were charged with vandalism. we saw police trying to chase those responsible but they never caught anyone in the act. there is arraignments that were pushed back and they just occurred we'll have more for you tonight at 6:00. in oakland abc 7 news. >> thank you. and there is a live look from emeryville. gray clouds, hanging around all day long.

and will they stay? >> they'll hang around for a while. looking at live doppler 7. you can see most of the bay area is dry. there are spotty showers closing in through the north bay first. there are areas of showers reaching across parts of sonoma county from santa rosa. there are trickles along the coastline. and little, if anything anywhere else. and so mainly dry now. we can expect spotty showers and temperatures from 50-58. overnight, we'll see skies becoming just partly cloudy. and early in the morning we'll see sun. temperatures and by afternoon, sunny, breezy and not much milder, i'll have details on that later. >> thank you. >> coming up next at 4:00 a

university steps in to investigate a tragic death of nfl legend junior seau. >> facebook one step closer to becoming the largest internet company to go public. we'll have details in today's avenue the bell report. >> what is for dinner. a choice that can help your mind stay strong. >> can i have it now? >> checking traffic at 4:09, weather is gloomy, so is the commute in downtown san francisco. at the skyway, left, right, head together lower deck of the bay bridge. that is sluggish. just slow there is

the san diego county medical examiner ruled the death of junior seau was a suicide, confirming what police were saying at his home after the 43-year-old sar was found yesterday with a gunshot wound to his che. a memorial has been built outside of the home in oceanside. seau was a dynamic player known for big time hits on the field and a great personality off it. tiki barber says even people who appear invincible have problem autos behind the scenes you go home, lay down in bed that is when most problems surface. if no one is there to catch them, bad things happen. >> austin university work was the nfl to study long term affects of repeated blows to the head and asked for permission to study his brain. >> to healthy living news now.

there is a increase in the number of young women who are likely to develop skin cancer, we know more now than ever about risk factors, researchers at mayo clinic found women between 18-49 are eight times more likely to develop skin cancer today than 40 years ago saying popularity of indoor tanning beds could be to blame. a lobbying group disputes these findings saying there is no solid link. new findings identify a dietary component that lowers a risk of developing memory problems. researchers from columbia university found people who eat diets rech in omega 3 fatty acids have lower levels of a protein associated with memory problems. some of the foods are salmon, tuna, as well as kale, soy beans walnuts and flax seed. learning a new language can do more than just help you

communicate with others research shows shows it can fine tune your nervous system. a study shows learning a new language helps you hear better enhances your attention span and improves memory. >> turning to business news now. how much will a share of facebook stock cost you? details out after a big filing today. bloomberg's emily chang has that story and more. hi, emily. >> well, it will cost a pretty penny, facebook priced ipo at $28 to $35 a piece giving a value as high as $96 billion. that is below the much-speculated valuation. but this would make it the largest ipo on record for any internet company, ever. executives may hit the road to start marketing shares to investors. and mark zuckerberg is

delivering his message personally. here he is in a just-released road show video. >> facebook's mission is to make the world more open and connected. people's lives are going to be better and the world will function better when there is more information and understanding out there about big things happening the world ask local things with your friends and people around you. >> the company is looking to raise about $12 billion from the public floating 16% of common stock. >> there is another big story from yahoo. dan loeb accusing thompson of lying about his college degree. he lists a bachelor's degree in computer science from stonehill college. the school loeb said did not

begin offering such a degree until four years after thompson graduated and he said thompson has an accounting degree. yahoo called it quote an error and the tech giant added this is no way to alter the facts that mr. thompson is a highly-qualified executive. >> and quick look at the numbers today with day two of losses as investors await tomorrow's big monthly jobs report. your bloomberg silicon valley index closed down lower, if you can't make knit hollywood, maybe you can on you tube. that is what some are hoping anyway. the site spends $100 million on original programming. you tube is funding film makers and proven hit makers and creates 100 new channels and hopes to gsh -- google hopes to woo some of the big advertising names. the big question is..., though, whether advertisers will

follow and if so, just how much will they spend. at bloomberg studios i'm emily chang with bloomberg west. >> we're sensing a lot of dark clouds behind us here. >> this is gloomy and there are breaks of sunshine. and there is preparing for the show. >> yes. yes. >> there are breaks of sunlight out there. it's cloudy now. there are spotty showers. here is a live view from our sutro camera looking northward and towards gelden gate. clouds are low and there is a lot of moisture in the area, just spotty showers as mexed. into the north bay there is a large area of showers right now at least largest concentration right now. there is light spotty shourgs,

most of the bay area is dry. rainfall totals for 24 hours into the range we've predicted last night. most of the bay area has seen tesless than a tenth of an inch. north bay there is slightly over a tenth. and there is a cloudy skies and temperatures generally into low or low to mid-60s. there are locations into the north bay that have readings into upper 50s. it's 55 degrees in half moon bay. spotty showers this afternoon tapering off tonight giving way to skpleerg breezy conditions tomorrow, and then, warmer days ahead beginning on saturday. i mean much warmer, first a look at satellite showing that frontal system sweeping through now which is bringing us spotty showers. there is a weakening system

replaced by high pressure and a big ridge this weekend will not only clear us out but warm us up. let's take a look at the forecast starting at 7:00 this evening. there is a front continuing to decompose. then, we'll clear out tomorrow, high pressure builds in. by saturday a bit of an off shore flow going to warm us up into the coastline and continue throughout the weekend and into early next week. tonight clouds linger. we'll see low temperatures into upper 40s to just above 50 degrees so mild overnight period. and there is cooler than average, still, remaining breezy. highs will be into 60s and a few locations inland might top out at 70 degrees and here is the accu-weather forecast. there is highs into upper 70s and mid to upper 80s inland monday and tuesday, low 80s around the bay. low 70s on the coast.

this is a warm up and going to be a pleasant three, four day period of warm weather like that. so looks good. >> wow. >> nice. >> yes. >> you look freshly starched. >> yes. >> and i might be starched for having admitted i ran out. >> you're doing research outside. >> i had to test the element autos yes. wind coming out of the north. >> yes. yes. right. >> coming up next on abc 7 news at 4:00 a san francisco company pulls part of this controversial ad starring ashton kutcher. >> and pepsi ads featuring michael jackson about to make a come back. >> and politicians giving their outlooks on the economy. you'll hear the -- president bill clinton, live. >> at 4:20 another check of the commute this, is a live look at the bay bridge and there is traffic at the other end coming off the bridge as heavy. these folks going to enjoy

another -- there it is. the folks on the approach will have five good minutes then running into this. stay with us. abc 7 news at 4:00 continues in just a moment.

an online ad featuring ashton kutcher was pulled after viewers calls it racist, featuring him in brown makeup featuring a bollywood producer

looking for love. pop chips is based in san francisco. a spokeswoman says the ads were not meant to offend anyone. >> it's the moment movie fans have been waiting for. the u.s. opening of "the avengers". >> and we're talking about iron man. thor and hulk. >> tonight avengers will open in theaters and has phone shall to break major records. when the movie opens last weekend it took in $185.1 million. that is $7 million more than disney studios first estimated so it's well on is its way to having the biggest debut, ever. michael jackson's image is returning to pepsi. the company just made a deal to use images for a new global

marketing push including special edition cans a tv ad and remixes of some of his songs. body of proof star dana delaney hit the red carpet tonight and recognizes tv program that's touch on important social issues. >> people don't admit this tends to be a popularity contest. these are the show that's are quietly doing their job. >> for all of your entertainment needs go to otrc.com. >> still ahead fascinating documents revealing what is going through osama bin laden's mind just before navy s.e.a.l.s killed him. >> the republican presumptive presidential candidate wins hello?

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al qaeda documents released today show direct threats against president obama and a desire by osama bin laden to target terrorist attacks on the u.s.. >> the 17 papers were found when u.s. special operations forces killed osama bin laden in pakistan last year. these documents give insight

into some of al qaeda's concerns as well as their targets in the united states we're live now with more on the documents and the new threat revealed today. >> good afternoon. the government released these documents to show the state of al qaeda and remind americans about continued threat the terror group pose buzz reminds americans about the biggest accomplishment of the obama national security team. newly released documents recovered from osama bin laden's pakistan compound show a frustrated terror leader worried about the future of al qaeda. in analysis shows he was angry and seemingly inability to control the group's regional affiliates especially one whusz attacks often claim lives of muslim autos necessity to be isolated to stay alive made him to a certain extent irrelevant vent as far as day-to-day operations and what al qaeda in yemen might be contemplate

oogt white house says this provides a window into the state of al qaeda. >> the organization was under a great deal of stress and had been diminished but remained and remains a threat. >> the document release comes as a new threat emerges, fire bombs. and that could al qaeda's online magazine notes significant damage cause bid forest fires and zroibs how to build a so called ember bomb and how to analyze forests for dry conditions. >> they've moved on to what boy call death by a thousand cuts. >> fire experts say this plot could inflict serious damage. >> arson is the crime against people and property. and if people have that intent it's frightening. >> the document s reveal bin

laden wanted to plot to assassinate president obama but not vice president biden because sthe viewed him as unprepared for the presidency and putting the united states in chaos. >> you mentioned bin laden's frustration with regional affiliate yits of al qaeda. what else did documents reveal about that? >> the documents showed osama bin laden was aware ask concern btd fact the muslim population around the world turned against al qaed yachl he blamed that on local affiliates and he thought they were engaging in too many turf battles and showed after september 11th he felt with attacks and invasion of afghanistan muslims might have been sympathetic to al qaeda but longer the war went on that he vap wait -- evaporated. >> thank you. >> we have a link for you to the bin laden documents. you'll find that under see it

on tv. >> a blind chinese activist is repeating pleas to leave china for asylum to the u.s.. he took refuge in beijing u.s. embassy. and he says he wants u.s. officials to get him, and his family to the united states. >> i've been focused on what he wanted from day one. he said he did not want to go to the united states and telling many of the activist friends throughout the world before he came into the embassy he did not want to come into the united states and wanted to remain in china to be a freedom fighter. >> the state department said it will help them leave china but doesn't have a magic wand to get him out of the country. >> prosecutors are demanding an 80 year sentence for former liberian president charles tailor involving some of the

gruesome war crimes in modern history, judges found him guilty of selling arms to rebels committing atrocities in sierra leone. and i met some victims last year and tailor convicted of 11 counts of war crimes and crimes against humanity. he rb sentenced this month. >> minnesota congress woman michelle bachmann endorsed mitt romney for president. >> i think for all of america this is a very simple proposition. this november. president barack obama, president mitt rom nee. you decide. very easy. >> bachmann dropped out of the race in january. and democrats are already using the pointed attacks she made against romney in the

primaries when calling romney the person who quote, gave the blueprint for obama care. >> just ahead, a growing threat to a house in florida. this giant sink hole is only getting bigger. >> and not just about anyone can get an ivy league education for free. >> i'm spencer christian. clouds, showers lingering but sunny skies around the corner, i'll have the accu-weather forecast coming up. >> taking a look at traffic on the golden gate bridge. it's flowing smoothly in both directions. stay with us. the news at 4:00 continues right after this.

take a look at this, a giant sink hole about 50 feet deep and growing. it is threatening that home you just saw in owe lando, florida already swallowed four trees now closing in on this home's foundation. sink holes are common in central florida forming when porous lines don't erode. >> that is an amazing picture, climate change scientists say greenland glaciers are melting in a faster rate but not as once feared. the glaishers melting about 30% faster than 10 years ago this according to scientists at university of washington raising sea levels by four inches and it's less than the 18 inches envisioned as worst case scenario in a 2008 study. >> the la nina weather fen nom

nonis over saying the cycle finished today. it's the flip side of el neeno. also prompts more hurricane activity during the summer. >> let's check the forecast now. >> with spencer christian. >> things looking up about the only way to go from here. there is a time lapse view this afternoon and there is some scattered showers today, not a very wet day. you can see it's not very wet just a few spotty showers from the north bay. there is maiply sunny and dry and you'll see precipitation but the rest of the state sunny skies and mild and there is sunny skies as well, and warmer weather won't arrive

until weekend. south bay highs into upper 60s in san jose. mid to upper 50s on the coast. breezy on the coast. downtown a high of 61 and 58 into sunset district. 70 degrees in north bay locations. there is near east bay, mid-60s. there is inland east bay, mainly upper 60s to around 70 and near monterey bay, highs into mid-60s near the bay. and we're going to warm up next week, so enjoy the spring like weather. >> thank you. >> and still ahead on abc 7 news at 4:00 cal train considers making improvements that may have to be eliminated next year. and explaining why cal train just can't save that money. >> there is a tough break for

san francisco giants. how long will the panda be out? >> and i'll have advice to protect you from most of the complaints. that is head on abc 7 news at 4:00. -dad, why e you getting that? -that's my cereal.

is there a prize in there? oh, there's prize, all right. is it a robot? no. is it a jet plane? nope. is it a dinosaur? [ laughs ] [ male announcer ] inside every box of heart healthy cheerios are the great tasting little o's made from carefully selected oats that can help lower cholesterol. stickers? uh-uh. a perhero? ♪ kinda. [ male announcer ] and we think that's the best prize of all. ♪

more people are riding cal train, that is a good thing for the transit agency. administrators thinking about adding new trains but cash will not be enough to keep it moving long term. and we're live to explain. heather? >> cal train ridership is at a high. so much so that added revenue means it will be probably adding six more trains in the fall. but that service could be gone again in 2013 because of a budget crisis. cal train says current ridership so high it has to address overcrowding and considering restoring four mid day trains eliminated last year and adding two more at 2:00 in the afternoon. if the board approves this plan, service would begin september 1. but it might only last until july of next year. that budget year has a short fall with no quick fix in sight.

some questioned wisdom of adding service now whit might just suddenly be cut. >> without a budget outline even for 2014, it is a risk to prove a service increase. >> 20 months in a row of double digit increases in ridership. we've got people who can't find a seat on the train. sometimes having to sit in the vestibule so we've got to make room for them. >> cal train is the only transit agency with no dedicated funding source at the mercy of contributions from three partners. and there is a sales tax measure in the works for counties serve bid cal train but this won't be voted on before 2014. in the newsroom abc 7 news.

>> warning about social media. in the u.s. nearly half of us have a facebook page. every day personal information is added to the site. >> explaining why you won't friend me. right z.that is another story. and there is a lot of information that could jeopardize your personal privacy. and there are results of a survey. >> this is part of just about everything we do now. consumer reports cautions some information can come back to be used against you. and in ways that are hard to even imagine. this attorney found someone created a fake page and used it to send messages to his friends. >> he portrayed me as a man who wanted to share his sexual desires in a very, very graphic way. >> he says he quickly contacted facebook but took

several e mails and a lot a month before the imposter profile was removed. >> their security department was horrible. >> problem was facebook on the rise. a 30% rise in the last year according to a national research center survey. conducted in january among a sample of 2002 online household autos we estimate seven million use yirs ran into trouble. everything from someone using their log in to them being harassed or threatened. >> consumer reports says some of the personal information widely revealed can come back to haunt you. and an estimated 4.8 million posted where they'd be on a certain day. a tip off for burglaries. 4.7 million liked a page about medical conditions and treatment asks details a health insurer might use against you. >> employers can look for clues that may play into whether you get hired.

>> consumer reports says the government is also peeking at your data this 2009 irs training manual shows how to use social networks like facebook to assist in resolving a case. you can restrict who sees your wall pofts and photos by updating privacy settings. 17% of the members say they did not use them according to the consumer reports survey. privacy controls are particularly important for kids on facebook to head off stalking. and consumer reports estimates 800,000 minors are subjected to cyber bullying during the past year, children under 13 not supposed to use facebook and facebook closed hundreds of thousands of those accounts. that is according to consumer reports estimates. nonetheless consumer reports calculates 5 million under aged children are still on facebook and that means they're still at right after this ook we hear about colleges looking to pages, too

before offering admissions. >> you have to be careful. >> thank you. >> how would you like to get an ivy league education free? you'll need a compute skbrer internet section connection. this fall m.i.t.and harvard are offering five free courses that include engineering, and humanities. saying many more classes will be added. >> people throughout the world and those especially those who can't afford to pay fees of online courses should have access to this information. >> and the two schools gave $30 million to fund the projects and they're doing it examining ways students learn. >> that is about as close as i'm going to get to m.i.t.. or harvard or a number of other institutions, up next how a mom thinks her son's outfit encourage aid lion to

try to turn the baby into a snack. >> in san francisco, affordable housing, businesses and now, dog training all coming to the bay view and hunter's point communities. i'll have a live report. >> also the raw deal a man got at best buy because of what a store clerk added to his facebook page ahead at 5:00. >> now, diane sawyer is here with a look at what she's working on for world news. >> tonight everyone prans summer travel. we want to tell but airline fees like we've never seen before. also, how you can spend less depending on which airport you're using z made in america tonight and it turns out that family recipe, let's say that cake everybody loves can be turned into a lot of money and create jobs? you're going to see how a woman and her cake did it, at

5:00.

as we head towards top of the hour we'll take a look at the commute situation. it's gas laden going through mcarthur maze. if you're heading towards berkeley that is left to right. you can see there is a little bit better heading towards 580 and the city. >> gray out there. the ride isn't much better on san francisco skyway. slow for folks trying to make their way over the bay bridge. that is the left side of the screen. and not too much better for drivers heading south towards peninsula and beyond. >> on the embarcadero, looks good. >> so that is all right. >> yes. >> you've got to see this video. an oregon woman surprised this

video of a lion trying to eat her baby boy has gone viral. this is unbelievable. she took this video of her son visiting oregon zoo. >> look at that lion clawing trying to bite his way through the protective glass opening his mouth wide. mom thinks the lion may have been reacting to what her baby was wearing. >> people are like oh, my gosh move him out of there. he wasn't scared. we didn't think he looked like a zebra until someone told us that on facebook. looked like a tasty baby zebra. >> scenea are a lion's natural prey. officials say the baby was never in danger. >> how thick is the glass? how do you not realized he was dressed like a zebra? i don't know there. is a blow for san francisco giants. one of the best hitters has a broken bone in his hand. >> this happened last night's game against marlins.

the panda fractured the bone in his left wrist, broke this bone last year and was side lined almost six week autos and the giants offense is struggling. this is going to hurt more. there is a 20 game hitting streak and scheduled to have surgery home. >> more trouble for deon sander who's is involved in a very messy divorce. police are now accusing the hall of famer of criminal mischief. >> this is a investigation looking into a scuffle between deon sanders and his estranged wife. both have been charged with misdemeanor assault. if found guilty he could spend up to a year in jail. >> and we're learning more this afternoon about what is going happen to candle stick park once san francisco 49ers move on. >> the company redeveloping candle stick and surrounding area has long promised to bring job training and affordable housing there and today, it made good on the promise. >> abc 7 news has the story.

>> well, you know when developer began talking about this project, people in this community said you know that, is fine. but we want more than just affordable homes and businesses we want jobs and we want training so this is agreed they would give $37 million towards job training and housing assistance. today, the first installment was given in a ceremony that you can see there. $7.3 million now some of the training could be in the area of construction or anything that would help people find jobs so that this community may prosper. in the area of housing this would mean helping people with down payments. the san francisco foundation will act like a gate keeper, if you will, deciding how money is spent in those two areas. now, for those who have been skeptical about this project, the mayor of san francisco

said this money is in the bank. >> this is working with us and money is in the bank now we can work on the next six months we'll have the programs they want to prioritize to get job training and education going with residents involved in these projects. >> and now in, all, 12,000 homes will be built here. and once candle stick park is torn down a center rb built near that location. and more homes around it. now, as you can see behind me there is construction started and there is a project taking between 17-20 years to complete. abc 7 news. >> and there is a nice view. tu thanks for joining us for abc 7 news at 4:00 i'm carolyn

johnson. >> you can keep track of the latest breaking news on twitter and talk about it on facebook.com. >> abc 7 news at 5:00 continues now. >> thank you. and an east bay jewelry store takes the law into his hands, stopping a robber in his track autos and piece of clothing a teenager was wearing that may have led to him being beaten to death in a park. >> i'm sandhya patel. showers today, big pattern changes coming up. i'll let you know what that means for weekend plans. >> good evening, i'm dan ashley. >> developing news in vallejo. would be robber of a jewelry store st not get far. >> shot dead by the owner, it happened on broadway street not far from the high school there. abc 7 news is there live tonight with what happened. >> let me give you the

geography. here, this is broadway. you're going through the corner of illinois street. there is a church right here, then, into the back of the church here we have jewelry store, they sold gold and silver coins. until moments ago there is a body in the store. the coroner has come by to take it. police have not yet talked on camera. i can she you -- show you what happened. a man pulled a gun and went into the back room. and the owner shot him with a gun. his wife called police. they found the suspect dead when arriving. we understand the detectives did find two guns inside. they took the store owner and his wife for questioning. we believe the store had surveillance cameras inside. and police have been, or rb looking at that footage. it sells jewelry and witnesses say it's not the first