good afternoon, i'm dan ashley. >> major developments in the case of the oakland teenager jahi mcmath. a court appointed doctor declared the 13-year-old brain dead following tonsil surgery. >> allen wong has more on the ruling and what is next for the family that is struggling. allen? >> what this decision means is that childrens hospital oakland will not have to keep jahi

mcmath on life support. but they do have to wait until december 30th at 5:00 p.m giving the family enough time to file an appeal and wait for a ruling. what this decision came down to is the opinion of an independent neurologyist, supporting what doctors have been telling the family all along, that jahi mcmath is brain dead. dr. paul fisher, in his test results, he said jahi has no response to facial pain, no gag reflexes, no reflexes arms and legs >> our faith is strong. it's christmas eve. there is time for a mirror why cell we haven't given up there. it's just a judge ruling. >> the hospital is not opposed to having the family take jahi mcmath to to another facility. they've been free to do that at

any time. >> jahi's family was upset with the ruling but say they want other families to know they're entitled to second opinions they plan to spend the night wrapping presents and staying by her bed side the way it looks is that hospital will not have to keep jahi mcmath on life support unless up until december 30th unless an appeal stops. that reporting live from downtown oakland, i'm allen wong, abc7 news. >> thank you. >> those looking forward to a cozy fire in the fireplace are out of luck. another spare the air alert has been issued, the 18 of the season. abc7 news is live in san francisco where people do not like it. >> no. they don't. it won't be a white christmas, but will be a smoggy one. we have seen this hazy shade of winter hanging over san francisco all day.

meaning no fireplaces going this holiday to, that, people say bah humbug. it's a smoky holiday. no wind, no rain. one reason officials say don't think of using fireplace on christmas eve or christmas day. >> in winter time, smoke pollution builds up and causes unhealthy air. >> with estimated one plt 4 billion fireplaces everyone wants clean air but breaking tradition without a fire is a tough sell. >> it's christmas i mean, you know, a bunch of clean air regulations? you can let that slide. >> here is just a few they've received. you people make me sick. it's christmas. people light fires. no fire on christmas eve? really? couldn't you stretch rules on this holiday?

>> people are angry. they feel like people need to breathe. >> in san francisco's heights. >> there is a drop in firewood, definitely. and $100 can be waived by taking an online course but those caught a second time could be given a $500 fine. in san francisco, abc7 news. >> that is the case. it's noticeable out there. spencer christian is off today. >> yes. tough to have a spare the air day on christmas. >> it is. that is why people are complaining. looking aat live doppler seven hd, clear skies and hazy conditions. air quality

expected to be poor and expected to be severe or unhealthy so spare the air alert has been ish yud for christmas day. mount tamalpais camera, sun is out now and it is come are for theable out there. some temperatures have made it to low 70s. high clouds passing through. 68 in santa rosa. low 60s fairfield and here is a look at a forecast. temperatures into 50s tomorrow morning. chilly start to christmas. make sure you bundle up. mild, hazy skies, continuing with well above normal temperatures and i'll be back with a look at the new year's eve forecast in just a few minutes. >> we'll see you then. >> remember, you can get latest alerts with abc7 news weather

app. >> works great, too. check that out. >> a dash cam in san jose. >> one person went to the hospital. >> temperatures tell us no one was home around 10:45 this morning. inspectors must check out the house. >> the crash wiped out a tree and destroyed all gifts underneath it. police plan to cite both drivers for street racing. >> an accident in colma sent two people in the hospital this morning. >> police are still trying to figure out what happened but the crash totalled a mercedes-benz sedan and a minivan. one passenger was thrown from the vehicle. >> in san jose, a girl was injured after getting hit by a

car on the street. >> police released numbers detailing how fans tried to take home a piece of candle stick park. vandals damaged 100 seats and 25 signs police arrested 30 people. mostly for being drunk in public and ejected 81 from the stadium. others went to jail after officers spotted them carrying seats through a parking lot. >> we've got to keep that in-house. you know? someone might come after me, you know? >> people did taking today, wading through garbage covering the parking lot after thousands tail gated there.

>> how lou like the dive? one last highlight and the last minute interception secured the win for 49ers against atlanta, clinching a spot for san francisco. so their season goes on. >> i'll remember that for the day i die. i couldn't have had a better birthday present. i've got it right at the halfway point. >> there is a chance the 49ers

could host a playoff game in january but a lot has to come together for that to happen. >> no sign of the person who threw away a ten week old puppy in san francisco. the poodle continues to he recover. she was found friday with bite marks around the neck. if owners are not found animal control says there are dozens of families who offered to adopt the puppy. >> firefighters in alameda county are rallying today to help out a union city family who lost all gifts right before christmas in a fire. the blaze destroyed the home at 1:00 yesterday afternoon. displacing 16 family members including children, ages 9 to 1. the fire department is looking to help the family out. you can donate toys by dropping them off in union city by 5:00 today so they can be donated to the family in time for christmas. talk about

timing. >> happening now in san francisco, a christmas tradition helping thousands of children. >> yes this, is a live picture of lefty o doul's last minute toy drive. >> this event drew a large crowd the restaurant owner sthez was inspired by one of his worst christmass. >> about 21 years ago i got a pink slip from my job no, place to go. my girlfriend dumped me. if i felt like that, imagine how a kid feels without a toy. that was on christmas day. >> well, way to come back, nick with, this. the event in collaboration with san francisco firefighters toy program. firefighters and police officers be are handing out toys today and on christmas. >> happy holidays to everybody.

>> joe bets and his family from house of prime rib came to serve a meal to hungry and homeless today the christmas eve meal is a longstanding tradition the church partners to offer a free lunch of prime rib, creamed spinach, mashed potatoes and rolls. bets donated 2,000 pounds of meat. >> just a gorgeous meal. >> a young man's daring adventure to break a record. plus... >> there are shoppers out trying to find last minute gifts. i'm david louie. we'll have the story coming up. >> thank you, david at 4:30 reducing food waste. a program feeding those in need not just for holidays but all year long. >> taking a look at traffic this

is interstate 880. you can see it's packed in both directions. abc7 news at 4:00

>> this santa was shot in the back a pellet gun the police believe it came from

a second story window. paramedics quickly treated the man. >> can you believe sna a warning about the massive data breech. target says it learned scam e mails are going out, praying on people worried their information was stolen. michael finney warned this is likely to happen last week. target says be weary of e mails from people offering to protect you. the company says the only official information is on target's web site, that is it. we've posted a link just click on see it on tv. >> there isn't much time left to get gifts under the tree creating a last minute rush at stores in mall as cross the bay area. david louie is live in san jose now with those shoppers that are hunting for good deals.

david? >> there is nobody giving way things for free, but some stores are offering discounts. >> it's down to the wire. are you done shopping yet? >> i am now. >> every wrshgs shoppers out with final hours ticking away. retailers ready to entice them. sometimes, as deep as 60% off. they're smarting because store sales have taken a slump. down 3.1%. some last minute shoppers have been banking on generous deals for christmas eve buying. iet seemed like there is a better deal now than right after thanksgiving. >> for others the last minute shopping is a necessity. people told with us improved economy they're work longer ask unable to shop. >> i've got to go pick up last minute things i was busy working.

>> gift cards are popular today, either because they don't know what to buy or run out of time. it also gives you more buying power, however, aisles are filled with christmas eve discounts, helping move merchandise now. customers can't be sure if items will be slashed more on thursday, so deals in the eyes of the beholder. fit looks good, shoppers are taking advantage, now. >> i've seen 30%, 50%. >> does it pay to wait? . >> i think so. >> recession appears to have a lingering affect. spending remains restrained. in san jose, abc7 news. >> a yale sophomore hopes to reach the south pole, set to become the youngest person to reach north and south poles on

to the. he's now braving the wilds of antarctica. he spoke to good morning america during his journey. >> good 11 hours a day, through sunshine or winds. >> he says he needs to travel 397 more miles, and is conducting research into impact of climate change. temperatures dipped as low as 89 degrees below 0. when returning home, the first thing he wants to eat is pizza after eating ramen noodles and oatmeal during the trip. >> not feeling like christmas around

mid-70s. looking great. i do want to show you live doppler seven hd. talking about weather, lots of sunshine. it's bright and sunny. clear skies for christmas eve, santa not going to have issues whatsoever. spare the air again has been issued now. looking at pacific satellite picture here is why we're seeing mild weather. it's high pressure controlling factor. wind flow coming off land blowing towards coast. and that is providing us with mild weather. if heading to the coast. there is a possibility of strong rip currents and sneaker

waves. make sure you watch out if you're going to the coast. it's mild most areas into and if you're heading out, make sure you bundle up. 67 sunnyvale. on the peninsula, christmas day could not be better in terms of weather conditions. i know we need rain. 60s coast side. getting up to mid-60s around vallejo and napa. temperatures above average. 70 tomorrow. 66 in concord. a look

at the accu-weather forecast and you'll notice spare the air alert tomorrow, but sunshine for christmas. we'll see more clouds friday, saturday, leading to a dip in temperatures and you'll notice it's dry. we're going into 2014 on a dry note. >> we are. >> yes. >> there you have it. >> thank you. >> well, coming up next, we are tracking santa's progress around the world this christmas eve. his trek is not making some people happy. >> michael finney helps you find access riz for your ipho

check it out. learning's fun now. yeah, back in our day, we didn't have u-verse high speed internet to play and learn online. all we had was that franklin fuzzypants.

ah, the educational toy bear. remember when the battery went out? [ slow, deep voice ] give me your abc's. all i learned was a new definition of fear. i need some pudding. yeah, there's one left. [ male announcer ] connect all your wi-fi-enabled devices with u-verse high speed internet. rethink possible.

with u-verse high speed internet. to those who've been waiting welcome to covered california. the place to find quality, affordable coverage, and nobody can be denied because of a pre-existing condition. enroll today at coveredca.com. santa claus is on his way in his gift-filled sleigh. >> it's a big night, very busy. norrad is keeping tabs on his journey very closely. >> there is a new twist to his

trip not everyone likes. >> millions of kids are logging on to their parents computers to 0 in on santa's position tracked by norrad. >> this agency tapped with keeping skies safe. good, harmless fun, right? not so fast. >> santa getting a security detail. it is sparking a christmas eve controversy. >> norad's video included this clip. a pair of military fighter jets escorting santa. one group argued the military might leave kids frightened that the beloved icon might be attacked and shoot back if he is. the reaction to that was swift and, perhaps, predictable. >> people on high horses these days. >> after all, 'tis the season

for cover. >> there is nothing violent about this video. what i see is a situation they're trying to set up that is fun. >> norad put out nothing short of a full general to calm concerns. >> ladies and gentlemen, i understand there has been a discussion about the latest web site that norad has, in the way we track santa. norad is doing what it's been doing for 60 years, making sure santa's travels are safe and secure. >> christmas is official just hours away. >> abc news, seattle. >> and we are tracking santa's deliveries now using norad's web site. >> very impressive. watching santa travel, he was just seen over west africa. so far

delivering about 4 billion toys a lot of work still to go tonight. >> the night is young. >> good news is that rudolph won't need that red nose. it's clear. >> yes. except for the haze, right? >> still ahead celebrations around the world. >> also a minor set back for astronauts on a rare walk in space today. >> i'm carolyn tyler. a san francisco food program now bringing the spirit of giving all year long. >> i found if they did turn back, it would be a miracle. >> well, abc7 news told you about a family whose garden gnomes were stolen. today,

the spaigs is getting a new cooling system. santa's helpers spent the morning on a dangerous walk replacing a massive cooling pump. the dangerous task was

executed perfectly. >> mike hopkins holding the 780-pound pump monthed yule >> astronauts showing the mission, the first space walk since 1999. >> former national security agency contractor edward snowden will speak to british viewers today. snowden faces accusations of leaking information. channel four plans to feature snow den. >> he wanted the public to know what is being done do it in terms of surveillance. he wanted decisions made outside of the

bubble they have been made since september 11thth. >> russiana granted temporary asylum to snowden. >> pope francis has begun celebrating his first christmas as pontiff. >> he placed a statue of baby juice jooesus in a replica of a manger. >> he carries a statue himself, usually an aide does that. >> it's the only public mass. tomorrow he will deliver his message from the balcony overlooking st. peter's square. >> thousands gathered in bethlehem the church sits on the spot where the bible says jesus was born. turnout was the highest, ever. santa claus and decorations adorned the courtyard. thanks to a period of calm, tourists to bethlehem have

been growing in the past year. israeli tourism officials say 2 million >> this is in the the first christmas in iraq or afghanistan for many. >> it's difficult but they love me and understand that i'm here serving our country. it's not easy to get away from the family.. >> i miss you. hope to see you soon >>. this is the time of the year we think about giving but a program that expanded to the peninsula works to eliminate

hunger every day. santa's suv is being packed with food that he'll deliver to the homeless. >> cookies, mashed potatoes and green beans. >> he is with gugen himmer catering. restaurants and farmer markets and companies give trays of untouched leftovers. >> some things will be leftovers. it's good to know someone is getting a good use out of it. >> santa is taking this to safe harbor shelter. about 80% benefit from the donations. the peninsula food runners is on off shoot of the nonprofit that began 25 years ago the founder told us in 2006

about her simple, but powerful idea. >> we're not asking to give money, get profits or anything. just don't throw it away. put it in a bag, call us. >> the program has been underway just a few months and of course, more food the food runners collects 5,000 pounds of food per week. >> makes all the difference in the world. >> that is the spirit for food runners all year

have more information for you on our web site. >> just wonderful. >> still head at 4:00 you're going to have to budget to send mail next year. >> this is not your ordinary skiep call. >> you can see the sunshining and two records here in the bay area, i'll let you know what christmas day forecast is looking like, coming up. >> taking a look at san francisco skyway. either way, patience is required. >> taking a look at this. snowing in san francisco now?

that is a toy drive underway. we'll be right back.

jet blue offering holiday cheer >> we want to fly you to boston for free. >> all right.

>> seriously. >> seriously. >> we'd like to offer you and your girlfriend a round trip flight to burling ton to get home. >> how nice is that? >> then, jet blue surprised them. >> workers rushed to fill requests. that is a neat idea. >> yes. there is a present. very nice. >> this forecast does not feel christmassy. >> it's going to be bright and sunny. clear skies and here is a look at the forecast. morning on

the chilly side. mid-60s to low 70s. if you want a white christmas head to chicago. 29 tomorrow. championship there are windy conditions. around the state it's going to be sunny but windy in los angeles. and in fresno, 70 in monterey. and fremont, # 0s. it is going to be a gorgeous day so i hope

everyone enjoys it. remaining dry throughout the end of the year. >> thank you. we'll take advantage of the weather. >> it's the season of giving and retailers expecting tablets will be the gift of choice. >> yes. you'll want abc7 news app to be one of the first things you doen down load. >> what is new just in time for holidays. >> you know abc7 news app is the place to go for breaking news. and just one click, and you have the app. get weather or watch bay area most experienced weather team. >> it's on the new, improved

abc7 news app. available free on i tunes. abc7 news. >> now, our updated iphone app are easy to down load. just go to abc7 news.com/apps for details. >> still head michael finney goes shopping for iphones. which should be on your list? >> plus, happy holidays to what started out as a disappointment. one good deed pays off. >> and tiniest holiday miracle giving his family the best ever.

sending a letter to santa got more expensive. a three-cent stamp hike was approved today the new price takes affect january 26th, lasting no more than two years officials say it will help the service recoop nearly $3 billion in losses. bulk mail and package

service rates will rise 6% >> i know it's late if you're looking for a last minute gift, what do you give the person on your list who has everything? >> yes. you opt for accessories. get moving. michael finney goes shopping for those gadgets. >> if you're one of the people always on your iphone, maybe you're one of the people always searching for your charger. that is where this prong iphone case comes in. it has a built in charger with retractible prongs. this next ak res is hesry perfected here at pier 39 gadgetronnics. it's a telephoto lens and comes with a case that makes it easy to attach. you can get things in focus, then, your iphone shines

>> look how close, clear this picture is. >> the only thing you need to carry is the lens. >> i take it outside to get pictures of the sea lions. look at this close up. tourists are amazed. the lens is with the sea lions. >> that is amazing! >> that is cool. >> this set up with bag, caps and tripod costs $49.95 here is another picture taking accessory. the motor gallileo can take a true

picture. >> it is controlling it to line up each image, and next one. >> here is when you end up with. a 360 picture of the world. it can be controlled anywhere in the world. so can be used to monitor a home, or video conferencing. it sells for. just go to abc7 news.com. i'm michael finney seven on your side. >> a good deed that went wrong turned into a bonanza for a waitress. samantha knight found $1,000 on a chair in the restaurant. you can see her giving him the money. the problem is that she gave it to the wrong man. news got out, the

man returned the cash and gave her a $100 tip. the owner decided to let the waitress keep the $1,000. >> he's like no. merry christmas. i was just in shock. i couldn't believe it. it made my holiday a lot better. >> she is pregnant and would need to work three weeks to make a thousand dollars in tips. for goodwill the restaurant gave the man a thousand dollars in food credits. >> now, a tiny miracle for a florida family. conner sorenson was the smallest baby born in a hospital at 14 ounces. he is now home for the holidays after spending six months in intensive care. >> it's a miracle. >> we didn't get a chance to wrap any other gifts. he's the main one under the tree this year.

>> holly and eric took eight years to conceive. doctors gave the baby a one in three chance of survival. he took countless med being buzz has beaten odds and now, at six and a half pounds baby conner is home with mom and dad. >> wonderful. how cute, too. >> coming up a miracle in time for christmas an east bay couple finds family treasures, stolen. >> then, at 5:00 after two decades a conviction in high profile case. reaction from friends and how dna evidence helps lead to a guilty verdict. >> advice mcdonalds is giving on eating habits.

here is look at our prime time line up. join us for abc7 news at 11:00.

>> santa took a break to get in water skiing. it was part of the annual holiday event in maryland. that is of the year. >> well a local couple is calling it a christmas miracle. >> the couple pleaded for the return of their stolen garden gnomes. it was made by a daughter killed by a drunk driver. >> today, joy for the grieving family. here is jonathan bloom. >> the first time in two years there has been christmas music in their house since they lost their daughter. >> carolyn was killed by a drunk

driver two years ago. and we haven't been able to celebrate christmas. we haven't been able to put up a tree or listen to music. it's just been hard. >> carolyn left a husband, three kids, and these a pair of garden gnomes she made for her dad when she was eight years old >> they were special to me. >> last month they were stolen. frank asked for their return but no luck. >> i thought if they did turn back again, it would be a miracle. >> the rosin nichlt s got their gift early. he couldn't believe his eyes. >> the gnomes were standing there looking at me. and i said no way. >> he returned them to rightful places. >> back like that. >> and wasted no time with a new sign reading our faith in humanity is restored.

>> i said god bless them. because i believed that god had a lot to do with this. >> janet thinks someone has been watching over her family and wanted them thof christmas again. >> they showed up this year it's like carolyn saying look. get on with life. enjoy yourselves i got out the music and put it on. we're back. >> surrounded by family, they say christmas is one they'll never never for get. >> coming up a family of an east bay girl declared brain dead receives more bad news

>> a drag race and how it ruined christmas for one family. >> i'm sandhya patel. warm for records today i'll let you know if this is gooding to -- going to continue the forecast is coming up. >> developing news this evening after another doctor concludes an oakland girl who went into the hospital for surgery should be taken off life support. good evening, everyone. >> the family of the 13-year-old jahi mcmath vowed to fight until the end to keep her on life support. today they got tough news from a doctor and nudge overseeing this case. >> abc7 news joins us live with what this means for the family. allen? >> the judge decide that had childrens hospital will not have to keep 13-year-old jahi mcmath

on life support but will have to wait until december 30th to give the family time to appeal and get a ruling. this came down to opinion of an independent neurologyist supporting what doctors have been telling the family. that jahi is brain dead. dr. paul fisher's results taken last night says jahi has no response to facial pain, no gag relaxes or reflexes in arms or legs and absence of brain stem function. the family says it forced the hospital to provide medical records and raised patient and family rights. >> was the family given all of the information they were entitled to? >> with respect to the brain death evaluation, the only area i'm allowed to xhenlt on, -- comment on, absolutely yes.

>> parents can say no when a hospital says we're pulling the plug. >> it's christmas eve. we're going to be spending that with jah sxichlt finish wrapping presents at the hospital getting ready for tomorrow. >> the family plans to file an appeal as soon as the courts open back up. and is looking into moving jahi into another facility the way it looks is that childrens hospital will not have to keep jahi mcmath on life support after december 30th unless a decision stops that. reporting live in oakland, abc7 news. >> thank you. hopeful news tonight. a 19-year-old woman richmond woman hit by a stray bullet is showing signs of improvement. the bullet lodged into her spine. she remains paralyzed but doctors say she's healing and there is hope she can walk again. she's learning how