>> thanks for joining us i'm eric thomas. i'm kristen sze. in san jose police are asking for any witnesses to come forward after the latest shooting in the city last night left a man fighting for his life this morning. katie marzullo is live at the police department. there was also a deadly shooting yesterday, right? >> reporter: there was, two shootings in san jose sunday yesterday morning around 5:15 a man was shot and killed. we have video of the most recent shooting about 9:00 last night in san jose on east

san antonio street a man was shot and wounded. at last cheek he -- at last check he was being treated. i have calls into the police department looking to find out his status. san jose has seen a week's worth of violence last monday two killed, one man shot and a woman was stabbed and killed with a samurai sword. another person was shot on monday he died wednesday and three others were shot and wounded. a lot to keep track of. for a total that makes four people killed and four people all within one week in san jose. only two arrests made in all of that and one was the man who allegedly used the samurai sword. in two instances police believe that the motive was gang-related. other than that, all of the other violence here, police are not revealing any kind of

motive. they are looking for witnesses to come forward and help them solve some of these case. total for the year here in san jose 28 homicides. katie marzullo, abc7 news. 5:03. suspended sheriff ross mirkarimi has a message for those who say he should have apologized for his domestic violence incident. he says, he couldn't. mirkarimi and his family left thes of his wife's attorney yesterday. last week the ethics commission found he had committed official misconduct when he grabbed his wife's arm. mirkarimi spoke yesterday on kgo radio. >> the ethics commissioner asked why didn't i just apologized? because i wasn't allowed to. in the beginning i was saddled through a court process at the hall of justice where i was somewhat sequestered from being able to say anything for a number of reasons. >> it is now up to the board

of supervisors to rule on mirkarimi's fate. developing news in shasta where firefighters are battling a 12,000 acre wildfire that has destroyed seven homes and forced thousands to evacuate. this morning calfire says it is 5% contained hopeful to make gains starting at daybreak. lightning sparked ponderosa fire broked out 30 miles east of reading saturday morning it has consumed 19 square miles of rural forest land. two other communities in the line of fire. three thousand homes evacuated authorities declared a state of emergency. hundreds of homes in idaho are under a mandatory evacuation order 100 miles northeast of boise, a wildfire has green to 88,000 acres -- has grown to 88,000 acres burning two weeks straight.

the smoke is causing huge problems for firefighters. in washington state evacuated homeowners are being allowed back to see what is left after a wildfire 23,000 acres of land some are finding their homes destroy. the blaze burning 75 miles east of seattle has burned dozens of homes, cooler weather helped firefighters get that fire 43% contained. hollywood is in shock this morning at the death of well-known director tony scott. he directed "top gun" spy game and man on fire. police say he died after jumping off a bridge in los angeles yesterday. investigators found a suicide note at his office. the 68-year-old was working on a film with his brother ridley scott. a taxpayer's group in the south bay says santa clara's sales tax measure is illegal.

supervisors passed a ballot measure two weeks ago to raise sales tax by 8th of a cent the taxpayers association says state law requires general tax measure to coincide with election of local candidates on the same ballot. races were all decided in the june primary. as new school year begins california launching first new grade level in more than a century. more than 800 districts are expected to offer first year of two year kindergarten. it is for children who have birthdays in the fall, who would be too young under a new cut-off date. beginning this school year children have to turn five by september 1st, to enter kindergarten three months earlier the new kindergarten will be offered in 2,000 classrooms across the state. tomorrow the bay area will get a preview of next year's america's cup race. final preparations are

underway for spectators and sponsors the world series will feature 11 boats from eight teams representing eight nations. this map shows prime viewing locations for the race, spots will stretch from chrissy field to piers 27 and 29. for a full schedule go to abc7news.com click on see it on tv, you will find a link with the information you need. you can go sail -- [ unintelligible ] a little this morning by 11:00 it is out maybe that one fickle finger of fog across the golden gate heading towards alcatraz. cooler in most areas from one to four degrees around the bay, los gatos and santa rosa warmer than yesterday by a couple degrees. most of us in the 50s this morning, mostly cloudy, a few misty spots here and there.

noon the clouds are back to the coast mid 50s upper 60s to mid 70s bay to inland by 4:00 sunny mid 70s to upper 80s around the bay and inland pockets of sun 60s at the coast mid 50s by 7:00, upper 60s bay and 80° by 7:00. pollen count, moderate amounts of tree, mold, ragweed, low amounts of grass. next three days slow cooling trend a couple of degrees everyday wednesday, thursday could be some of the cooler days, warmest mid 80s inland mid 70s bay, 60 coast. time for traffic. off to a typical monday start with slowing in some spots i'll show you where. bay bridge toll very light now also a nice ride across the san mateo bridge look out for that fog across the golden gate bridge. live shot in san jose headlights moving northbound 280 towards cupertino, 17 find

out of santa cruz mountains towards downtown san jose. here's the slow spot westbound 205 out of tracy someone said i hate mondays minute ago, you can see why it gets heavy 34 miles an hour on westbound 205. slowing early this morning through the altamont pass, sluggish traffic you will find brake lights all the way into livermore then starts to pick up there we have a traffic spotter moving around 25 miles an hour as you make your way into live more, slow but sexy ride, i guess. sexy one was on the -- [ talking over each other ] next, the new warning for iphone users. up, up, up. gas prices take another spike. how much you can expect to pay if you are filling up this morning. setback in the battle to stop a west nile outbreak in

texas. why there's extra urgency about aerial spraying this morning. 57 days and thousands of dollars, the 8-year-old girl turning lemons

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the facebook game geared for players of all ages, impressed with the look. >> it is cute and charming. it has like a paper cut-out aesthetic lots of personal tim. you don't see something this unique and original on facebook. >> pinterest going mobile, just launched first app for the ipad and android devices as well as updated app for iphone the third most popular social network. 5:13. good monday morning. gas prices continue to climb the national average is 14 cents higher than a year ago. aaa says national average for a gallon of regular $3.72 up a nickel from last week, 29 cents more than last month. california average $4.11, steady overnight, 39 cents higher than a year ago. san francisco is higher than

that $4.20. oakland drivers can expect to pay $4.13, san jose, $4.15. state department of parks and recreation spent as much from the general fund as it could each year to keep its own pot of money a secret. the sacramento bee reports new transcripts from internal investigations showing the department searched for ways to spend money year after year. that occurred despite facing the threat of park closures and for going up keep of the parks. -- the parks department had long hidden 54 million dollars without reporting it to auditors. 5:14 in texas, five more planes will spray a second coat of pesticides in dallas tonight in the battle against the west nile. four planes took off from dallas airport yesterday to spray the area. officials say heavy rain saturday helped flush out the

mosquito larvae but residents need to be vigilant about removing standing water. experts from the cdc will arrive today to help determine if ground and aerial spraying in dallas county has been working >> if you are having a hard time getting a loan you are not the only one. california is the fifth worst state to get a loan thanks to high unemployment, bankruptcies and foreclosures. a -- the worst state to get a loan this is nevada followed by georgia, florida and arizona itch the best state, north dakota. -- starting the end of august, investors get new information on how much they pay their 401(k) fund manager department of labor requiring employers to list and explain fees the news may come as a shock to many aarp survey shows more than 70% of investors don't think they pay any fees. investors will get quarterly and annual reports but study

them carefully analysts say they may be confusing. in the city of fairfax a stand is being made against human trafficking, a lemonade stand, leader is 8-year-old girl. vivian has set up her lemonade for 57 straight days she is on a mission to raise at least $150,000. she uses only fair trade lemons for her drink. >> it is really hard to find fair trade things. we are buying fair trade things because, i mean you can't be freeing slaves and having them to work harder for -- for the cause you are trying to do to help the slaves. >> in less than two months vivian has earned more than $30 -- more than $30,000 most from donations. by the way, vivian has a twitter account, she has 15,000 followers, including

pop star katie per by the way, her -- katy perry. by the way her lemonade stand is virtual. >> how does virtual lemonade taste? >> i don't know, you try it and tell us. >> i will. let's check in with mike. by the way, i think that young lady is 8 going on 25. >> very mature for her age, absolutely. >> 5:17. good morning, it is going to be cooler as we head towards the middle parts of the week low clouds around the bay area flight arrival delays into sfo probably not oakland and san jose we'll keep an eye on it for you, you can too with abc7news.com. we are in search of drizzle this morning, i don't see any, with we have mist just hanging

in the air more likely drizzle tomorrow morning. visibility in santa rosa fog half mile about three miles at half moon bay everybody else doing fine this morning. let's talk about temperatures, 62 antioch, 50 santa rosa, 52 in san francisco those are our streeps everybody else mid to upper 50s monterey bay inland low to mid 50s mostly cloudy. compared to yesterday, warmer today, specifically in oakland, up five degrees, 70. also three degree jump around concord and down around san jose. fog thick through 7:00 especially around the bay and up in the north bay in the east bay and south bay 9:00, 10:00 already losing grip then out to the coast where some sunshine does develop during the afternoon. temperatures from 60 to 90, warmest this week. 90s like one lone area

brentwood that's it after today probably you won't make it to 90. peninsula mainly mid 70s, millbrae and san mateo upper 60s. 62 half moon bay warmer spots along the coast mid 60s downtown upper 60s south san francisco and sausalito. near 60 at your beaches, mid to upper 60s richmond and berkeley low to upper 70s oakland 70, fremont at 77, east bay valleys mid 80s brentwood 90, low to mid 90s -- low to mid 80s hollister, gilroy, morgan hill, mid to upper 60s bay, mid 70s santa cruz. you can see how we drop maybe one to two degrees the next couple of days, midweek cooling, the heat is back for the weekend. chp en route to a new problem reported san jose

north 101 between yerba buena and tully, there's debris on fire in the middle lanes traffic getting by okay we'll keep you posted on hopefully -- it sounds like a large piece of debris they can clear that quickly. we'll check out a live shot in walnut creek contra costa county quiet start southbound fine here past north main towards highway 24 good through the san ramon valley and sunol grade. westbound 80 for headlights through berkeley now zooming along things will get crowded later today quickly as more schools start back up. no delays now at the bay bridge toll and we'll check out the ride in the north bay for you, the drive time right now from highway 37 in novato southbound past the rib civic center towards the golden gate bridge under 20 minutes. -- now 5:20. >> giants and dodgers battle

for first place in the national league west today, next. entertainment world marks passing of an actor who may his mark in the movies and television. >> the expend ables are back. does the -- the team have enough strength to make it number one? " i'm paula faris. have a great day, everybody.

good morning. live picture looking at highway 24 in orinda traffic seems to be heavier than the past few weeks folks heading back-to-school, parents heading back to work you might expect that.

meantime could you expect low clouds today, even east of the caldecott, meteorologist mike nicco will talk about what that means for our temperatures. the san francisco giants start a three game series against the dodgers in los angeles tonight with first place in the national week west on the line. giants well a half game back of the dodgers after lose together days in san diego yesterday padres got to starter early. padres avoid sweep beat giants 7-1. in oakland a's and cocoa crisp had a big day against the indians three run homer in the fifth he went three for five with five runs batted in a's shut out cleveland 7-0 complete a weekend sweep. the minnesota twins face the a's at the coliseum tonight. more than three decades after the assassination of rock superstar john lennon, the man who killed him could get parole. mark david chapman has his 7th

hearing tomorrow with the new york department of corrections. "los angeles times" reports the prison board could reach a decision by thursday or friday following the december 1980 shooting outside lennon's apartment building chapman pleaded guilty to second degree murder and was sentenced to 20 years. the prison bore has said in the past he's been a model prisoner but could not guarantee he would not pose a threat to society >> character best known for portraying the prosecutor in the movie to kill a mocking bird has died. he passed away thursday from congestive heart failure at his home. he pursued an acting career after serving in world war ii he did work on the stage before moving into tv and movies. he had his own show for a year portraying a cartoonist. a remembrance is scheduled for september 15th, in los angeles. action stars back in action at the box office.

former governor schwarzenegger and his buddies muscled to the top of the box office this weekend, everyoning nearly 30 millions with the expendables 2. the bourne legacy hanging on with 17 million dollars. sparkle featuring the late whitney houston debuted at number five earning 12 million dollars over the weekend. >> what is the average age of the actor in the expendables? >> higher than usual. >> yep, i would imagine so. bizarre traffic accident forces highway patrol to stop traffic on east bay highway overnight. we are live with the big questions investigators are asking. what san francisco schools will be missing as the

semester begins that will cost the district badly needed tate funds. down but not out, not overfor bay area champs at the little league world series. high temperatures, 60s along the coast into richmond, 70s the rest of the bay 80s into the east bay valleys most of the country much cooler 70s and 80s phoenix 105, miami, salt lake, great falls 90s. delays east coast rain exiting now not causing delays only severe weather texas panhandle and back at home low clouds, delays at sfo i'll let you know as soon as i find out or you can check

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good morning monday, 5:30 back-to-school for some, back to work for many, including me. thanks for joining us, i'm eric thomas. and i'm kristen sze in antioch highway 4 open after a bizarre tragedy overnight a man killed after walking across the freeway and getting hit by a vehicle that usually saves lives. amy hollyfield is live along the highway with the latest. >> reporter: terrible irony here. the ambulance driver usually in the role of helping people, not in this case. chp is calling this an accident. did not cite the driver for any wrongdoing. they say the man was on the side of the road, they don't know if his car broke down or why he was sitting there. they don't know why he suddenly ran across highway 4. this happened in antioch about 11:30 last night. >> initial investigation says the pedestrian got out of

driver's seat and ran across the road into the freeway and was struck by the ambulance in the fast lane the number one lane. [ inaudible ] >> reporter: investigators state ambulance was going normal speed did it not have lights and sirens on. investigators believe the victim is in his mid 40s possibly from brentwood they are still working on notifying family, all lanes of the highway have been reopened. amy hollyfield, abc7 news. 5:32 now. a man is hospitalized in san jose with life-threatening injuries as the city's recent rash of shootings continues. the victim was found last night 9:00 on east san antonio street near highway 101 the shooter left before police arrived investigators hope to hear from any possible witnesses. san jose police also investigating the city's 28th

homicide of the year a man found shot to death early yesterday morning around 5 a.m. the victim died at the scene no motive and no suspect description. coming up, katie marzullo will have a live report on this streak of violence plaguing san jose. in san jose vigil planned 7:30 tonight for a homeless murder victim -- the woman was killed by a man with a short samurai sword last monday night. she was usually seen sitting on the sidewalk where the vigil is planned. authorities trying to identify the woman who rejected offers of help from passers-by who saw her regularly. police arrested 37-year-old marcus reynolds. witnesses say he had an argument with the woman earlier in the day. developing news in shasta where firefighters are battling a 12,000 acre

wildfire that has destroy seven homes and forced thousands to evacuate. we checked with calfire, it is only 5% contained. the lightning sparked ponderosa fire broke out half an hour east of reading consuming 19 square miles remote communities also threatened, 3,000 homes and 20 businesses in the fire's path. one man suffered burns to his arm as he tried to escape. >> flames on the road on either side, i looked up and everything was black like was in a black box i just drove through it and i couldn't breathe and then it was fire everywhere like you turn around everywhere on all sides of you. >> he says his family lost a ranch house in the fire. shasta authorities declared a state of emergency. investigators think that squatters are to blame for a fire that gutted a building in

vallejo. firefighters found a vacant army supply store in flames yesterday the third fire on the street in a month the last fire was next door. investigators say there are indications that people were in the building before the fire. major league baseball says it welcomes the new federal criminal investigation into giants' star melky cabrera's doping scandal he has been suspended for 50 games after testing positive for a banned substance. the all-star game mvp tried to avoid suspension by creating a fake website as part of a cover story to claim that he unknowningly purchased a banned drug online before testing positive. major league baseball investigators uncovered the scheme, a co-author of a book about the barry bonds' scandal says the revelation left him no choice but to own up to his

action. >> he was backed into a corner when he issued his apology. if you do the chronology it looks like baseball found him out, about the website and so forth. >> cabrera has been suspended for 50 games by mlb. back-to-school this morning for students in the contra costa and san francisco districts more elementary and middle school students are enrolled this year. the district is expected to have 500 fewer students at the high school level, the result is that san francisco schools will receive less money from the state which funds districts based on enrollment. city leaders say more families with school aged children are moving because of san francisco's high cost of living. bay area's baseball heroes from petaluma need a win to stave off elimination in the little league world series in pennsylvania. petaluma provided a great fight sunday, deep in the 4th, one run lead tennessee unloads

for four runs in the 6th and take that game 9-6. hundreds turned out in two packed theaters in petaluma to watch and cheer their team. >> your voice has a little rasp to it. >> yeah, i've been screaming a lot today. >> everybody is here is so dedicated to the team, it is nice that everybody puts in so much time to watch. >> petaluma still has another chance in this double elimination tournament, it will be a must-win game today when they take on the champion team from new jersey at 1 p.m. our time you can watch on espn. must-win so we will win it. >> they gotta get the game in first, a little rain in the forecast. good chance they will have rain this afternoon, in the 70s something we'll keep an eye on. good morning. a little issues if you will up in santa rosa, half mile

visibility there three in half moon bay everybody else okay so far. let's talk about what is going to happen today, an area of low pressure to our west this is tomorrow's cooler weather, goingsp to stay out far enough that won't have much of affect on our weather today. today a little warmer, small area of high pressure will take over, keeping news the 50s through 7:00, mostly cloudy. as we head up towards the lunch hour, clouds pulling out of the valleys and bay, 50s coast in san francisco, 60s to near 70 bay, mid 70s inland. by 4:00, 70s and 80s inland, 60s to mid 70s around the bay and 60s at the coast into san francisco, as we get to 7:00, 70s, a few 80s holding on inland, 50s and 60s bay, next three days start to see minimal cooling trend one to two degrees everyday increasing clouds during the afternoon. over to frances for your traffic. couple slow spots,

westbound 205 out of tracy now a lot of slowing westbound 4 out of antioch into pittsburg. traffic spotter reported it a few minutes ago. moving around 36 miles an hour from lone tree out towards somersville. the ride at the bay bridge toll, nice and light no delays at this point. no major accidents, good for a monday morning especially with schools back in session. westbound 80 traffic flowing well, drive time 19 minutes from the carquinez bridge to the maze. you saw how light it was at the toll plaza. san mateo bridge faring well this morning n is westbound traffic for taillights past the toll, no problems into foster city and san mateo and one 0 -- 101, delay-free at this point. two san francisco boys are going to be happy to start 7th

grade this morning. next, the frightening situation they found themselves in over the weekend and the hero credited for saving their lives. nasa puts curiosity to the test. the rock on mars that got a zapping.

welcome back. two san francisco 7th graders are happy to be starting school today after being

rescued on san francisco bay over the weekend. the 12-year-olds jack and his buddy christian were at a family outing saturday afternoon. the boys got into a rowboat to get a football that landed in the water. the winds took them out into the bay and the boat started taking on water. as they tried to get back to shore a hero emerged with 15 years of experience as a lifeguard. abc7 news got interviews with the boys and their rescuer. >> football we realized oh no we are probably not going to get it back. they are yelling at us. >> it was a naturally situation -- it was -- i was holding two jackets with one hand and doing the side stroke up to the pier but we made it happen. >> just then the coast guard and san francisco firefighters arrived pulling all three to safety along with two other would be rescuers who tried to

make the long swim. coming up on 5:44. new cordless, plug-in car may be in show rooms by 2014. boom report next. check your fridge there's a recall you need to know about. missouri republican senate candidate creates a controversy after making comments about women and rape. why other politicians are distancing themselves. a managed rescue from a southern california well. wait until you see how he got

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we come back. pockets of sun along the coast 50s to low 60s mid to upper 60s san francisco, san mateo richmond 70s rest of the bay shore 70s and 80s inland doppler quiet across the state all those thunderstorms we had last week are moving east sun and mid 90s through the central valley 101 fresno, 81 tahoe, 96 yosemite, palm springs 108 and warm around san diego 80, los angeles 87. here's kristen. 5:47, nasa's rover on mars has zapped its first martian rock. the rover has been checking out instruments, including a laser. during target practice

yesterday, curiosity fired 30 lasers over 10 seconds at a nearby rock and bunked a small hole in the rock. flight controllers will command curiosity -- in the days to come to take its first short drive the two year mission is aimed at determining whether the martian environment as habitable. bay area produce supplier recalling bagged romaine over fears about possible e. coli contamination. it shipped the questionable lettuce to 19 states the recall is limited to a single lot of field fresh wrapped single head romaine in a plastic bag with upc number on the screen. it has a best buy date of august 19th, so far no injuries or illness. mitt romney is distancing himself from a missouri congressman who says a woman's body has ways to prevent pregnancy after rape. missouri congressman todd akin

is a conservative candidate for the u.s. senate. he was asked in an interview whether abortion should be allowed in the case of rape. >> if it is a legitimate rape, the female body has ways to shut that whole thing down. let's assume that didn't work or something, i think there should be punishment, but the punishment ought to be in the rapist, not attacking the child. >> democrats started circulating his skphaepbting statistics regarding rape and pregnancy akin now says he misspoke during that interview. president obama will resume his campaign in ohio tomorrow he will visit new york and they have, he was in new hampshire over the weekend. mitt romney and ryan planning to visit the granite state to speak with seniors today. syria's president has made his first public an tear republicans since a bombing killed four of his top security officials last month.]w assad prayed at a mosque to mart the start of a muslim

holiday security forces surrounded several mosques in a possible attempt to confuse people about where he would attend the holiday prayers. his appearance comes amid speculation on the whereabouts of his vice president. members of the opposition claim he has defected. in los angeles county, a man is recovering after being rescued from a well he was stuck in for almost 24 hours. as you can see the man was wedged in tight, he told firefighters that he fell six feet down the concrete hole trying to recover his lost shoe. it happened in the middle of the desert near little rock in the antelope valley. fires say the 45-year-old is lucky that a group of horseback riders heard his cries for help and called 911 otherwise he could still be down there. >> you hope he wasn't claustrophobic. >> would you hope, i don't know.

awful to think about. a lot of folks head back-to-school. what are the kids facing? >> there's about 16 working on forecast for the next hour of some of those schools. >> need those jackets. >> yeah, all is well that ends well, by the way. all right bad joke. wasn't looking for his shaker of salt. >> are wasting your best stuff on us. >> some parrot heads hopefully got that. mild day as we look down at the ferry building some flags flying west to east that means the sea breeze that's why the cloud cover this morning. it looks pretty die, mist but that's about it this -- pretty dry, mist, but that's about it this morning.

antioch warm spot, cloudy around the monterey bay low to mid 50s. 59 pacifica to oakland 11° warm inland oneakland 11° area that will reach 90 today brentwood. that's your summer spread. mid to upper 80s east bay valleys. east bay shore in the 60s around richmond and berkeley, low to upper 70s oakland 70 fremont and hercules 77, south bay mid 70s to around 80 campbell and saratoga. mid 70s peninsula, san mateo north to millbrae upper 60s. 50s to low 60s along the coast, daly city 59, mid to upper 60s downtown south san francisco and sausalito, mid 70s most of the north bay valleys, santa rosa 80 farther north, 93 ukiah, 58 bodega bay.

64 monterey, mid 70s the rest of the bay, low to mid 80s inland. twins in town to take on a's 7:05 first pitch, 63 you need the jacket, 57° by the time the game ends. into the 50s everywhere except cloverdale, clearlake and ukiah. glean along the coast maybe drizzle for you tomorrow morning. temperatures drop one to two degrees tomorrow into wednesday steady through thursday sea breeze winds, warming trend -- wanes, warming trend for the weekend. >> here's frances. we still got fog across the golden gate bridge not horrible, but out there i used by wipers a few times in san francisco this morning with a little bit of mist. here's a live shot of 280 in san jose, for headlights northbound still no major trouble in the south bay as you make your way up towards cupertino, 101 earlier problem fire reported that was about

it, it was cleared. we'll check out the ride in the east bay as well, traffic on westbound 24 through orinda, moving towards the caldecott tunnel drive time from 680, 10 minutes not much to slow you typical slow spots westbound 4 antioch and westbound 580 through the altamont pass. mass transit, reporting no major days you are good to go if you want to -- major delays you are good to go if you want to head that way. is she one of your favorites, tennis star maria sharapova? >> she is up there. >> she is getting into a new business to sweeten up her earnings. first plug-in electric car that you don't have to lug-in could be in show rooms in 2014, it will charge automatically when you park it over a special plate on the garage floor. it will work through a magnetic connection but won't try your cat.

etna has struck a deal to buy coventry health care making etna one of the largest providers of government-financed health care. now sharapova launching new line of candy in new york today. the candy collection features gummies to gum balls in the shape of tennis balls. at the new york stock exchange, i'm jane king. 5:55. san francisco known for great restaurants and now another has topped the list. bon appetit magazine ranking state bird provisions on filmore street as the number one new restaurant it made the top of the list of the hot 10 list the only other restaurant in california to rank is in los angeles. according to her support team, american swimmer diana nyad is doing the backstroke this morning as she continues her latest effort to swim from

cuba to florida, she is swimming that way so the part of her head covered with by a cap isn't plunged in an effort to reduce contact with jellyfish they kind of roughed her up overnight, team members so far it is working. nyad is trying to become the first person to make the swim out a wet suit or shark cage. apparatus following her in the water creates a faint electric field that is designed to repel most sharks. nyad began her swim saturday she turns 63 next sunday. navy's oldest commissioned warship making more history. uss constitution sailed into boston harbor this weekend her own power for the only the second time in more than a century it was built in 1797 to commemorate the war of 1812 that won the ship its nickname old ironside because cannonballs seeped to bounce off the ship. the first time a united states

ship defeated a british naval ship in battle. the last time the ship sailed on her own power was 1997 celebrating her 200th birthday. >> is it normally docked in boston harbor? >> i don't think so, i think annapolis. we have to leak it up. 5:57. next, the swing in support californians are making when it comes to president obama's health care reform law. violent weekend in the bay area's largest city the rash of gun violence now investigation in san jose. later, caught on cam remark the weekend race going terribly wrong when a car crashes into a pit area.