everyone know what kind of man he was. >> my father was an amazing man. >> less than 24 hours after her father was gunned down, his daughter tried to describe the loss. >> he did things for people he didn't have to do them for. he did them without question. without reason. he just did. everyone knew how great he was. because they wouldn't be here, if not. >> the 50-year-old bartly was found with a gunshot wound at gít:qpv night oe floor inside of his business marcus cellular on international boulevard. police say it appears he was shot during a robbery. >> this community looks forward as many resources into finding killer or killers. >> he named the store after his son, marcus.

>> all i ask is that you did know information that you do share with us. >> he was a sweet guy. he liked to take care of business. you know? >> friends and family left candles, flowers and notes. many tributes sported black and silver of his beloved oakland raiders. >> he was just a good man. i can't understand why someone would just harm him like that. >> if someone can take his life for money or whatever, we need to know. >> this is the scene of the plane out here in front of bartly's store. his wife made a plea asking where is the help he promised here in oakland to help fight crime as it happens. the california patrol took to the streets here again, controlling here today.

>> there is emotional testimony as a former elementary school principal tried to explain to the jury why she did not report a disturbing incident involving a teacher that is now accused of multiple counts of child abuse. >> cameras are not allowed in court. the former principal took the stand, crying at times as the first witness in her own defense. >> they have seen who lynn is now. a dedicated, honest, prov who had nothing but student best interest at heart. >> in october, 2011jw%x one student, a third grader came to her describing an incident involving her teacher, this man, craig chandler. the principal took notes and under cross examination deputy district attorney filo highlighted items from the

notes. that the 8-year-old said chandler blind folded her, told her to lie down on the floor right there. to open your two legs and said first puts gooey something in my houj then wiggled my body back and forth, and my head. >> the notes speak for themselves. can i not imagine a reasonable person didn't understand what is being described there is a sex act. >> the defendant says she was concerned but testified chandler convinced her waits part of a lesson plan involving helen keller and empathy for the disabled. the defense attorney says the girl's mother and a district administrator also did not suspect child abuse. >> i don't think anyone did anything wrong. i that the more people who knew and didn't think there was anything criminal, the more reasonable the conclusion is. >> the prosecution said she should have known better especially when the mother

brought in her daughter's jacket with a whitish clear stain. liquid the girl says chandler put in her mouth. >> we're hoping other administrators and teachers won't make the same mistake. if the jury convicts him on one misdemeanor count she could face up to six months in jail. >> san francisco police have launched a gang crack down in the city mission district. there has been a spike in shootings there. four people have been injured, one w.one dead. the supervisor blamed rivalries between gangs for the violence. they're asking mission rez don'ts help get guns off the streets. >> want to tell us whereabouts of the gun. tell us where something is about to happen. we'll put police officers there. we'll go get the gun. if we deebt rest anyone that is fine with us for thing that's do not happen. >> police are sending fsers from other districts to help

patrol the mission. they've arrested 12 people on charges and seized five weapons. >> a san francisco reinstated sheriff tried to get down to business. a controversial case surfaced within his own department.ób critics say that is what they worried about. why ross mirkarimi has a conflict of interest when it comes to overseeing that type of case. >> ross mirkarimi says there is a chain of command that will prevent a conflict of interest. ed lee says the case making its way through the)]:ñ justice system an example. >> a trial date set today for vincent cald.

erinee he's a lieutenant in the shaefs deept had this is a case we for saw. this hits closer to home in terms of it involving a top level official in the sheriff's department. >> mayor ed lee calls this a perfect example of why he wants ross mirkarimi to recuse himself from domestic violence cases. mirkarimi is on three years probation. now one sheriff faces accusations of assault. seen here in a documentary is charged with attacking his ex. the 48-year-old is on administrative duty within the sheriff's department. his boss believes he can wall off any contacts. >> i have an under sheriff or an assistant sever i with make sure that the particular approach to the hearing, none

of that would intersecretary with me. >> the district attorney wants a law that would draw a line. this week, he, too, pointed to the case and sheriff mirkarimi. >> he cannot with a straight face lead a rehabilitative process or hold people accountable. internalally or externally. >> the projection by those who don't understand how the sheriff's department works is a little bit of grandstanding. >> his trial date is set for january. >> do you have anything to say about this case? >> no mirkarimi and the mayor have not met face-to-face since the sheriff was reinstated last month. >> thank you. >> a five day sewage spill has

been plugged in san anslmo. the sanitation district wasn't notified until tuesday night. crews restored the flow, fixing the area. district officials determined 80,000 gallons seeped out before repairs were made. >> governor brown making yet another pitch for prop 30. poll reports seem to justify optimism. mark matthews is here with numbers. >> nannette miranda said it's going to be a nail baiter. there are signs for sup or thers of the tax plan. vote yes on 30. vote yes. vote yes on 30. >> vote yes on 30. >> governor brown walked into his appearance without taking kbez the new numbers.

final days of the campaign, he's all about making his case for a temporary sales tax increase. and a longer hike on income taxes for those making over a quarter kblinl per year. >> those who have done the best can't they help us in california's time of need? >> without $6 billion brown warned the trigger cuts already in the budget will take that amount out of the funding for schools. >> money into schools and colleges, into the california dream, or out. in or out? yes or no? >>sfa showing more californians saying question. -- yes. 14% undecided. this pollster runs the field poll. >> all the governor sneedz another to% or 3% and this would pass. i think chances are better than anything. >> the former chair of the state republican part redoesn't think so.

>> in this situation this close to election and belo

this election day san francisco voters will be asked to approve a property tax to help fund the financially struggling city college. abc 7 news has more on the foush pass prop a and why it's facing skepticism. tea teach in. >> most of that due to state budget cuts, students felt impact. >> when i twont register for classes, and noticed most of the classes that i need to take, i can't take because they're filled or you know they're not existent anymore. >>w! stepped in with donations now

plans are to close campuses. >> a lotwvt)#of part timers will lose jobs.. >> that is why they're pushing a parcel tax they say would bring the coban $14 million over eight years. >> it's helping out in the crisis and budget that we have. >> there are critics point to city college history of mismanaging its money saying last thing they should do is fork over more. >> city college is mismanaged. that isiç# com accreditation committee that reviewed city college. >> there was a rebuttal in the voter hand book. teachers won't argues/p>÷ about mistakes.. >> we've had problems managing the college but a lot of thick teachers addressed that. >> they say they're not filling jobs.. >> they try to make it look like they're getting the house in order. as long as taxpayers keep

rewarding them they don't have incentive to change. >> teachers will have to convince voters they cut all they can. >> we can't just trim and trim and starve ourselves. >> homeowners in distress getting help from a group of mortgage counselors. the neighborhood assistance corporation of america tours the country and counsels people with mortgage problems then connects them with lenders right there that could have a solution. >> everything to gain, nothing to lose. there is nothing like meeting face-to-face with a lender who has found a reason to say no. we're here to make sure there is a reason to sayy not to look inform tiff about games they play. i let the bank know i was aware what they're doing to me. that is when they got nicer. >> five day dream event is free of charge and runs through monday at the south hall of the convention center. >> former toxic site has been

trance formed into a model neighborhood in union city. the project has been five years in the making. the station district has 800 housing units a park and playground located near a bart station. a shopping district will be added later and costs $20 million to remove toxic soil from the site. >> san francisco unveiled a park that takes up 24 acres along the southern water front. now has hiking and biking trails. the transformation when paid for with a 2008 parks bond. the grant openedding just as voters set to decide on proposition b. >> george lucas going to donate most of the $4 kbrinl he'll make when disney buys his star wars franchise to charity. voting a employee the reporter says lucas will give the bulk

to an educational foundation. his own foundation has donated $175 million to its alma matter. he's a major contributor to the make a wish foundation and stand up to cancer. >> that is a healthy chunk of change to be donating. >> great weather out there. >> spencer christian is tracking all system goes. >> there are sprinkles well south. looks like it's a great weekend ahead. here is a live view from our camera. looking at western sky, you can see low clouds and fog off in the distance there that will be moving locally inland tonight. clear skies and here is a look at our live radar image. you can see things cleared up. clouds mainly down into the eastern most part of the area.

a few little sprinkles there. the bay area is precipitation free now. nice drenching rainfall totals left behind by the storm over an inch and a half where our radar is situated. a third of an inch in san francisco. now we're drying out. it's mild at this hour. 58 degrees in san francisco. 68 across the bay in oakland. 60s in other locations. these are the forecast features clouds and fog thickening and continuing to spread overnight. partly sunny skies by afternoon tomorrow. sunny warmer this weekend. overnight tonight lows dropping into low to mid-50s foremost of the bay area, upper 40s in north bay valley locations. there will be fog in places. the fog can be dense overnight. here is a satellite image showing departing frontal

system that brought us stormy weather. high pressure ridging in now to give us a beautiful sky at the month. here comes the second storm. i should say the next pacific storm appears to be steering north. starting at 7:00 this evening, we'll see most of the energy and moisture moving north tomorrow, overnight we'll see the frontal breaking up into saturday morning there could be a stray shower might work towards our coastline. but we're looking at no affect on weather from that system. tomorrow, mainly sunny skies into afternoon hours. a cloudy morning start, high temperatures in the south bay into upper 60s to near 70. low 60s on the coast. near san francisco, 62 degrees in the sunset district. 65 downtown. north bay highs upper 60s to around 70s. on the east by, 67 in oakland. 69 union city. 70 in fremont.

fairfield antioch and livermore near monterey bay upper 60s to low 70s as well. here is the accu-weather forecast. nice, warm over the weekend. set your clocks back saturday night or sunday morning. we fall back to standard times. warmest day of the forecast period will be monday.fvgq high temperatures reach their peak. highest point. >> yes. >> indeed. >> thank you very much. >> coming up we'll have latest on the recovery efforts on the eastern seaboard. from a

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live far from normal on the east coast. so far the storm has claimed nearly 90 lives in the united states. and more than four million people do not have power, gas shortages are creating long lines.

the mayor says meals and bottled water will be distributed. mayor bloomberg insisting sunday's marathon will not divert resources from victims of sandy. he responded today to go ahead with the race less than a week after the storm hit. >> the walt disney company, parents of abc 7 have announced a $2 million contribution to the victims of hurricane sandy we're doing everything, including a cash donation and encouraging our

employees to donate on their own which we'll match dollar for dollar. using the great reach of the walt disney company at abc, espn and stations to run service announcements encouraging others to donate. >> you can help by texting red cross to 90999 making a $10 donation. go to abc news.com if you'd like to find a link. is any and abc making next monday a day of giving encouraging everyone to give to the efforts. >> coming up next, an exclusive i team report. >> the story of an 82-year-old south bay woman whose live has been taken over by the county public guardian.

>> why the police were called in when the i

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santa clara county public guardian's office is facing criticism. >> some families tell us the county is ice yol yaiting their loved ones taking control of their lives down to who can visit them. >> dan noyes is back with part two of the investigation. >> i don't often get the police called on me for a story. it happened. all i did was ask to see a couple ladies whose family says are being ice yol yaited by santa clara county. >> that is the voice of 82-year-old giselea riordan. >> this is like a prison. >> she suffers from dementia.

her son made the recording during one of only three visits he's been allowed with his mother in three years. they took over her personal and medical decisions in 2010 after she visited hospitals 19 times in a year. a investigator determined her family could not care for her. >> maybe there are family members involved with the person but he weren't caring for that person. >> lee poll ynd is the districter of social services. woe not speak about this case but says a public garden does not conserve a person without cause it would have to be situations, was there money available to provide the elderly person care that she needed? and it wasn't being provided?. >> marcus was living with his mother at the time. he says he loves her and was doing the best he can. >> if my mom wants to come home we are v.a home she. has food, clothing shelter.

i can take care of heert public garden kicked out marcus and sold the thousands pay for his mother's care. he ended up living for a -- in a car for a time. >> this is devastating my mother and i are very, very close. >> marcus is frustrated with the situation. and a court investigator wrote he becomes hostile towards staff, yells, becomes disruptive and overwhelms staff. so the public guardian got an order restricting his visits with his mom. marcus says he recorded their last meeting to protect himself from what he calls lies. >> they've taken everything. i haven't done anything. >> you've managed to make your mother upset. >> i didn't make her upset. she's upset, sir. >> gisele touched my arm and

sobbed for an hour talking about how lonely she is. >> linda is an advocate for a national association to stop guardian abuse. she says not only is the guardian restricting marcus visits but all of her potential visitors. she says 18 members of the group tried to call and set up visits with giselea. all have been denied. >> if laws are followed and her rights observed and honored this would not be happening. >> kincaid points to the notice of rights, a document in every person's court files unless the courts limits or takes away a right like visits from family or friends the conservatory retains the right to have visitors and a resident has a right to have his or her visitors. including rev tiffs permitted to visit privately without prior notice.

>> if you took your grandmother and locked her up in the spare bedroom you can go to jail for that. if a public guardian does it to your grandmother it's called conserve toreship. >> i wanted to see if they're following the rules. i asked to see giselea and another conserved woman. the staff called the county. >> residents conserved by the count yi. we have to follow rule there's is a court order to put them in charge of the resident. >> the guardian's office toldz me i couldn't see giselea until there was a background check on and instructed villa montana to call the police. >> why call the police on me? what danger did i pose to anyone at the nursing home? >> i think you and the public should feel good about that. the public guardian is acting as a conservatory is thinking first of protecting that person's interests.

>> oh, come on. what about me was a danger? >> i introduced myself to the officer. he didn't understand why he was there. he gave me a card, and left. >> we want people to see other individuals to have social saigs to be around family. and friends. but it needs to be dmun a way that isn't going to be alarming to them z that we know about. >> marcus riordan says i got just a taste of the trouble received from the county. according to the investigator giselea is capable of choosing a president. they made sure she's registered to vote. marcus says she should be able to pick her visitors and choose where she lives. >> if i'm still alive will they let me come home for christmas? like just christmas day? >> marcus says his mother got a phone in her room so they can speak. he's made a couple mistakes to regain control of the care,

failing to show up for two court dates. it's been a stressful time. he felt the deck was stacked against him. the public baurdin said it would take two days for the background check. it's been two weeks i'm still waiting. >> are they protecting giselea or them selfs? >> the rules are in total control. they should be able to see people like me. you oug to be able to walk in to see someone. >> it's heart breaking to hear her speak about this. thank you very much. >> coming up next silicon valley launches a holiday food drive. >> in just a moment why this year's

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tonight signs of a possible takeover attempt at net flix. wall street ran the stock rice up after learning carl icon bought a 10% stake in the company. net flix closed today down 2%. stocks in general went up today. the dow gained 136 points. showing the fastest pace for hiring in eight months. another indicator showed the best consumer confidence numbers in four years. the social networking site linkedn reported a 2.3 million profit. the company growing faster than anticipated.

and samsung is a important supplier for apple. the screens reportedly being used in the ipad mini going on sale tomorrow and lines are already forming. >> with unemployment still high, feeding the hungry is a challenge here in the bay area and grows more acute during holidays. david louie checks in with sek harvest food bank. >> social service agencies say you can see demand for food programs. second harvest food bank set a role to collect 2 million pounds of food over three months. it helps to feed a quarter million people every month in santa clara. these are the executives from sixo pitching in for the tenth year in a row to buy some fresh proceed produce. second harvest partner was agency that's distribute the food at 740 locations.

the competitiveness of the staff is apparent l a mission like this. >> it's better than a year ago it's still 10% of the population that needs help. you know the bath as well as i do. three billion people are under fed. so i think we can. >> other companies such as emc and barea kuda network helped kick off the campaign. >> the problem is large. we believe it's solveable. working together we can ensure that anyone who needs a meal can get one. >> this faces are real. bella and chris receive food assistance from second harvest when their parents lost their jobs. >> large vig bigg name

corporations often make substantial contributions. so do small groups and schools making sure people do not go hungry. >> when we come barks michael finney tracks down a furniture retailer. >> finding out why customers haven't gotten furniture they've paid for more than a year

bay area people who purchased custom made furniture nearly a year ago are still waiting for delivery tonight. >> what has been done? >> customers put down thousands in deposits and months later they don't have their furniture holding out hope of getting their money back. vanessa's district paid $3,000 upfront for chairs in december. she is still waiting. >> it's some three months later and 10 months later have yet to see the chairs.. >> shelly paid $5,000 for a cabinet owe display his new television. highways nunling to show for

it except an artistic rendering. >> i feel like we've been taken advantage of. >> they're among 30 consumer who's ordered furniture from jesse san francisco in the south of market area. many customers have been to their -- ventsed their frustrations. >> we found a long list of people that don't do business with this guy. >> both discovered jesse san francisco had shed doors in late may. >> started to kind of build up. i realized i'm probably never going to see those again. >> we uncovered documents at the sogs office showing jesse san francisco is owned by 599 design group. dominic is listed as the ceo. seen here in this photo of customer gave us. we tracked him down to this web site wex spotted long acre

from across the street approached and he denied he was dominic and said this wasn't a sale for jesse san francisco. but four past business associates confirmed this is dominic. the producer tried to talk to longacre but stopped the producer. >> they just want to know when they're going get furniture back. >> i'm not dominic so you've got problems here. >> jesse san francisco had an agreement to sell furniture made by jesse italy. the companies say there are two owners. in an e mail dominic longacre says the relationship is receiver skped no longer is responsible for the order. telly and vanessa tell us jesse itally has been promising since june it could make good on the offer. jesse itally said shipment woz

be delivered in six weeks.. >> we hold out hope they will show up. >> the win here is just getting the chairs and we'll see. >> jesse italy told us this by phone. we're not legally affiliated with the 599 design group. it's unfortunate for the public and us that they have jesse on the door when their legal nim is 599 design group because some people have been robbed approximately 30 people have lost their money on this. jesse itally says shipments will go out once consumers accept the deal. vanessa will be required to pay a shipping fee of approximately $500. she has accepted the deal. the tellies still negotiating. i will follow this if you're in a similar situation i want to you tell me about it.

go to 7 on your side. >> we'll look forward to seeing what happens next. >> winter spare the air season began. this year there is no first time violators will have to pay a fine or pass a test on a hazard that would smoke. second time offenders will receive a $500 ticket the season runs through february. >> let's get a check on the forecast now. >> things are clearing up, cloud build ups there. we went through mid afternoon hours. but later saw this cumulus clouds just shrinking down to almost nothing. there is a is beautiful sunny skies. mild seasons.

here in the bay area, sunny skies and will be mi.d highs low 60s on the coast to mid to upper 60s along the bay z here is the accu-weather forecast. we have a warming trend continuing throughout the weekend. set clocks back warmest day monday. highs low 80s, lovely day tuesday, get out, vote. >> mail it in. >> there you go. >> get out enjoy weather. >> thank you. >> coming up next, one of the giants world series heroes from two years

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join me tonight at 9:00, coming up then, targeting sex offend dwrers. -- offenders and efforts to get them off the streets. >> then at 11:00 process promising to erase your wrinkles using cells from your own body. results from one of the first patients to get this treatment. that is at 11:00. >> one thing we know this will be the final giants world series celebration for one dwint. >> it will. >> the day after the parade

the giants have begun reshaping the roster for next year. the man who brought us the rally thong is not going to be back. he parlayed the win into a $20 million contract. since then plague bid issues and injuries he benched hit only 192 this season. he was on the bench most of the post season will receive a $2 million buyout. giants hope to bring out marco scutero and angel pagan. cal football team just lost their best player, keenan allen not going to play in tomorrow night's game. allen hurt his knee last week expected to be out two to three weeks and there is just over a minute left. it didn't look bad at that time. the question is why do you risk your best player when down with a minute left? i don't get it.

offensive coordinator talked about what it will mean to the absence against u-dub. >> the competitor that he is there no way you don't mess a guy like that. it's like anything they've been maturing. and it's not the end of the world. >> so we don't know if he'll be back for the season conclusion, another full plate of college football saturday starting with oklahoma at iowa state. highsman front runner and 24, oklahoma state. nfl raiders at home against tampa bay. challenge for defense is stop this guy. doug martin had a break out game last week.

214 yards two, touchdowns. >> this is a guy that has got great vision. he's quick. and he also runs with great power so he's got a lot of different things he can do as far as running game is returned. he's a threat. so there is a reason why he's drafted in the first round. you know? he's living up to that ability. >> and it was not pret ru but warriors won on the road last night. their home opener tomorrow night against memphis this, is a chance to see andrew bogus playing 18 minutes last night. laboring at times and trying to play his way back into shape. a little rusty, kind of bangs up.

>> this is just a little sore. it's to be expected so get recovery and with ready to go. >> he's not going play back to back gai.s this sports report sponsored by mercedes-benz. >> sounds like a wise plan. >> and that is this edition of abc 7 news. >> from all of us here at abc 7 news thanks for joining us. >> see you at 9:00 and 11:00.

this is "jeopardy!" today'estants are -- an executive assistant from oakton, virginia... an s.a.t. teacher from brooklyn, new york... and our returning champion, a research chemist, originally from charlotte, north carolina... and now here is the host of "jeopardy!" --