>> good afternoon, i'm dan ashley. >> there was a heated confrontation late today over the future of 13-year-old jahi mcmath, the oakland girl on life support whom doctors determined is brain dead. >> an attorney says he plans to file papers to prevent the hospital from taking jahi off life support. a state court has given the family until 5:00 p.m

monday to appeal the ruling, allowing the hospital to pull the plug >> the family wants to move her to southern california but that would require insertion of breathing and feeding tubes the family attorney and spokesman for the hospital had a heated exchange over that >> today, childrens hospital listed three conditions for jahi's transfer, including having the coroner sign off on moving a body that is legally deceased. >> the letter reads in part jahi suffered a complete death, childrens hospital will continue to do everything legally and ethically per missible to support the family. >> oakland police need help identifying this armed robbery suspect. they believe he's 12 of people responsible for robbing a woman back in august. they took

her cell phone, and necklace, police say the suspect used the victim's cell phone to take this selfie. a $2500 reward being offered for information leading to an arrest. >> a car break in has a mother concerned about her son, a heart transplant recipient. someone broke into the rental van outside of the elephant bar on willow pass road the thieves got away with luggack, two computers and the mother is most concerned about her son's heart medication which he needs to take every 12 hours. >> a uc berkeley graduate died in an avalanche. he was a skier and moved to jackson hole, wyoming from san francisco. abc7 news is in the newsroom with more on this story. >> reporter: he kaz skiing in a back country area known as pucker face bowl. friends say

skiing outside resort boundaries is something he did all the time, but yesterday, his trip down hill turned fatal. >> mike would be first up, ready to go. and if you weren't ready in ten minutes he's leaving without you. >> bill shared a ski house with mike a couple years ago. >> he's very experienced with the back country. he did most of the right things but you can never be too careful. >> he had a beacon, probe and shovel when his friends found him buried in the snow. the doctor in the area attempted to revive him but he was pronounced dead. officials say he was the first in a group of five people to head down down the slopes and triggered the avalanche >> you're a small blade of grass

in a moving and turning monster. >> he left san francisco to spend the winter in wyoming. his family says he loved his family, cal bears and skiing buddies. he says he will miss his friend and will continue to take the same risks. >> it's not going to change my life whatever. i might try to be safer but mike would want us to continue to live life to the fullest. >> his family arrived today and coming up, you'll hear from his brother, peter. >> war veteran who went missing in san francisco turned up this afternoon, safe and and sound. that is not the right graphic. it turns out tv news coverage solved this mystery. >> that is right. there is a

report we're going to get to as soon as we can. but this veteran went missing in san francisco. now, has turned up. which is very good news. his family was worried, they say it was not lick him just to kiss appear >> wut warning. >> jonathan? >> you know there is a sense of he'llation here. we're in the second day of this now, folks from all over the country converged on san francisco, working with him both as a member of the navy and as a volunteer. they say he was a kind guy who would have done the same thing for them, it's been an organized operation but in the end they say television news might have been the difference. >> i don't know how to say i'm so relieved and so thankful. >> his father says he call the

call from police as he was driving around looking for his son. he had seen television broadcast and was moved to call in and report that he is okay. >> the news brings a happy end to a mission that began on christmas day. volunteers fanned out, posting signs and checking people on the streets. >> we've had people stopping on the streets hey you're will's dad, you're the guy. >> details are foggy about why the 30-year-old disappeared after checking out of san francisco general hospital and leaving belongings behind. he'd been brought by friends concerned he wasn't acting like himself. now, they say they're not pressing him to talk about it. >> we love you. take as much time as you need. >> this friend headed up the team of searchers. mostly vet transthemselves. they ran the search like a military

operation.. >> i served in u.s. navy and marines. you don't believe someone behind. >> his dad says he was impressed but someone else he felt he needed to thank. >> you know give media all of the difficulty you want for what they do, but this would not have happened if you had not immediately jumped in, because he won't have seen it or known. >> in san francisco, ab seven news. >> a sixth winter spare the air alert issued for tomorrow, the 21 of the season. >> that means no burning of wood or manufactured logs in your fair place, again. officials say this is going to be the new normal until the weather changes. >> we're live with impact this is having on some businesses. cornell? >> yes. some people are not happy. another spare the dare a behind me. a thick smoggy layer just hanging over the bay today. with a record number of alerts, it's a bad time for those making

their living off of a fireplace. >> fire wood is piled high but not a customer in sight. >> they're not buying firewood. we're getting almost no calls >> yefen regular customers who order every winter stopped home deliveries because of the spare the air days he needs to make a living and has been forced to send employees home. >> no sales means no work. basically. >> air quality officials don't have sympathy. >> we are pleased to see there is less fire wood being sold. it shows people are paying attention. >> lisa says some ignore the no burn advisory on christmas. >> i know we have 27 potential tickets from christmas day and had patrols out every day. >> if smoke is spotted coming

from your chimney, you can get a $100 ticket which can be waived if you like an online clean air course. it's $500 for a second time. if you don't pay? >> we have taken folks to small claims court when they have refused to do anything. >> i am strict on the spare the air thing because i have bad allergies my sister and brother-in-law light bonfires. so don't do it. >> not everyone is getting the message not to burn. our air quality is still poor, hazy and thick. >> unbelievable pictures. just continuing across the bay area. >> yes. >> now, more on dirty air. >> i wish i can tell you there is a change but we don't at the moment. notice overcast today, high clouds but still dry. just how dry is it? we're is a look at several locations around the bay area. their percentage of normal rainfall today today

the season begins july 1st. up in the north bay, only 15% or 16% of normal rainfall totals. san francisco, livermore 45 percent is well below average. another live view from our mount tam camera, you can see haze there. poor air quality once again, tomorrow will be the sixth spare the air day for the bay area. poorest in north bay. 21 is the spare the air day since november 1st. one more live view looking at the western sky, our forecast will see some clearing beginning during evening hours. early in the morning bright, chilly with lows before 30 to 46 degrees. mild and sunny skies. and temperatures ranging from low

60s to mid-60s inland. i'll have the accu-weather forecast in just a moment. >> thank you. >> well, reversal of fortune. target admits customers pin data was among information stolen in a massive security breech. despite revelations, target insists its confident that stolen personal information numbers were encrypted between november 27th and 15th. and codes from magnetic strips target shoppers are checking their statements. >> i'm assuming that the pins are from what they stole during that time frame. and that from today, on, this is security, it's good. >> i hope. >> hope?

uh-oh. >> target says the key was not stored anywhere in the system so there is no way hackers could have gotten it during the data breech. >> ac transit workers are voting for a new labor contract. the third such agreement bus drivers and dispatchers have taken in the past few months the previous two were rejected by members of atu local 192. terms have not been released but earlier contracts included pay increases and workers paying more for health care and pensions. voting ends this evening, ballots will be counteded later on, tonight. >> still ahead at 4:00 astronauts taking a third walk in space in a week. what they're trying to accomplish this time at the international space station. >> plus, big change coming to more than 1 million unemployed americans >> a plane crash at sfo, mother nature's fury and inspirations across the nation. we're going

to take a look back at the big events from the year. >> this is a look at traffic on the bay bridge. you can see that the fast track lanes are moving along. it's avo: thesales event "sis back. drive which means it's never been easier to get a new passat, awarded j.d. power's most appealing midsize car, two years in a row. and right now you can drive one home for practically just your signature.

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two cosmonauts installed cameras on the international space station the russian space walkers

installed cameras. this is the third space walk in a week. two americans removed and replaced a faulty cooling pump. >> you know a lot of stars take selfies but never so many stars been featured as a background. astronaut mike hopkins snapped this photo, capturing himself free floating on christmas eve. nasa uploaded the pic and so far, shares have also reached astronomical pro portions. >> haha. >> that is about the coolest picture, ever. >> well, twitter shares stumbleed and amazon sees record-breaking demand for prime services. >> hi, john. >> hi, dan, hi, cheryl. santa was good to amazon this year the company released stats about 2013 holiday shopping season. it revealed clues about part of the

business that doesn't always tell us much about. amazon prime said it added a million new prime members during third week of december the service had such a high demand ann amazon said it had to halt sign ups it's only been six months but artio announced it plans to shut down its video streaming offering known as video. the company has given gift cards to those who purchased content n battle over shopping droid devices accounted for roughly 4.5% of orders. u.s. stocks closing slightly lower

today. and twitter shares taking a hit tumbling 13%. this after mcquarry capitol cut stock saying shares may be dan, cheryl, back to you. >> thank you. a 1.7 million americans bracing for a post christmas jolt. federal unemployment benefits run out tomorrow the white house is pressuring congress to extend those benefits checks will stop coming because a program signed into law in 2008 is expiring. here in california 214,000 people will lose their

>> spencer christian is back. talking about dirty air, i never thought i'd hope for rain. clean it out. rite right? iets so terribly dry. and doppler seven cloud cover today, we shed you high clouds coming through. so sunshine didn't burn through in this filtered fashion we'd hoped for. a dry and overcast temperatures mid to upper 50s now. san francisco, oakland and san jose. western sky, light from setting suns from our camera, temperatures also into

mid 0 upper 50s from santa rosa to napa. from up high, these are the forecast features, turning clear and. spare the air tomorrow, satellite shows high clouds still with us today, swinging through, high pressure builds in again nochlt rain and continues to be dry. so high pressure rebuilds behind that system. that brings us another string of dry days at 7:00 this evening, notice clousdz dissipate. tomorrow, sunshine returning and milder tomorrow. skies will be brighter, overnight tonight, clear skies late tonight we'll see lingering clouds into evening hours and chilly inland

where lows drop to 30 in santa rosa. east, down to about 30 in fairfield. tomorrow, sunny skies into afternoon, highs in the mid or mid to upper 60s. 66 in los gatos. 65 redwood city. downtown h.downtown 63 degrees tomorrow. mid-60s up into north bay perfect santa rosa to calistoga to napa. mid-60s across the board here is the accu-weather forecast. high temperatures into mid-60s throughout next week. with mid-60s inland and low to

mid-60s on the coast. going to be mild with very little change. ringing in new year with sunny and dry conditions. >> well, not sunny but clear. clear dry conditions >> yes. >> and contagious coffee behavior in

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voted starting for 2013 academy award nominees. there can be secret ballots until january 8th. 289 films are eligible. nom nagsz for the academy awards will be announced january 16th. find out who will get gold statues surngd march 2nd. >> a & e decided to resume

filming "duck dynasty" with the entire family. the network suspended one of the characters when he made remarks in a interview last week. >> well, london is calling on two bay area high school marching bands to help entertain the brits to ring in the new year. to perform in their iconic event the pitsberg band boarded buses today to catch a flight bound for england. >> so excited for the kids them deserve this opportunity. and i'm a little emotional. there has been a lot of work going into fund raising and hours and months of fund raising and we're here. >> and a lot of the kids haven't flown on a plane so this is very

cool members will be soon joining the band the 2014 celebration the new year's eve parade draws hundreds of thousands of spectators and millions of tv viewers. >> still ahead on abc7 news at 4:00 why the case over phone surveillance program may end up in court. >> then, a glimmer of hope and a set back in efforts to rescue dozens of stranded passengers stuck in the ice. >> key findings in connecticut state police investigation into last year's newtown school massacre and what it says about the gunman. >> we're live at the craft to fight hunger bowl is about to

>> second ruling on the controversial nsa surveillance program. today's judge found the program that collects telephone records is legal. abc news reporter has more now from washington, d.c. >> it comes as a vote of confidence in the obama administration's controversial

nsa phone surveillance program a judge found the phone data collection program lawful and said it was necessary as a counter punch to those who want to harm americans. of the nsa phone collection the judge said this blunt tool only works because it collects everything the program significantly increases the capabilities to detect the faintest patterns left by individuals affiliated with terrorist organizations. armed with data, nsa can draw connections it might never be able to find. but just last week a different judge used strong language from his bench in washington, d.c. to rebuke the program, calling it an almost orwellin violation. judge leon says the program almost certainly does violate a

reasonable expectation of privacy. president obama saying sate critical tool in the fight against terrorism. >> having that data in one place allowed them to be confident in pursuing investigations and threats. >> the american civil liberties union says it will appeal. now because of the decisions in two courts likely this issue of phone surveillance will go to the supreme court. >> 26 people killed in sandy hook last year and abc news is not releasing videos in this report but marcy gonzales details some of what is shown and what police concluded in the investigation. it's now a closed

case the investigation concluding today with connecticut police releasing the report. thousands of pages of witness statements and nearly every other detail of the investigation. while graphic images and details were redakted the report shows shell casings on the floor of the school where 20 students and six educators were murdered in december. as well as images from inside killer adam lanza's home, including a gun on the floor of his mother's bedroom where she was shot to death. in lanza's bedroom garbage bags covering windows and images of the computer police say lanza smashed, destroying a potentially key piece of evidence that could have helped investigators learn about how the 20-year-old planned this massacre, and why. >> what is clear is that he was thinking about committing this crime. >> the motive was not determined, there are details giving insight into the killer's

emotional issues and obsession with mass murders. no comment from the families about the release of the report. marcy gonzales, abc news, new york. >> thank you, marcy for. that a set back in a daring effort to reese cue an -- rescue a ship in antarctica. the ship was spotted and in this video you can see the group pointing at it. late today the snow dragon had to turn over fears it would get stuck. rescuers will wait for two other ice breaker ships to arrive before making another attempt. those stuck on board are said to be safe and good news is that they have plenty of pro visions to keep them going. take a look at this surveillance

video in atlanta. you can see thieves crashed a van into a duv office and stole two atms. the van crashed into the front entrance. the van found burned with atms still inside police are still looking for five people they believe are responsible. >> well, city of denver handed out a retail marijuana licenses today. colorado voters legalized marijuana there last year. in november, they supported taxing it. today, handed out licenses to 30 growers of the products. sales can begin on january 1st. >> we do sell medical marijuana since 2009 so. we're now moving into retail marijuana side of things and are excited

there are different requirements for shottels and labeling. >> customers in a connecticut starbucks on the third day of a pay it forward streak. as had of this afternoon a thousand customers they keep track as each one goes the chain started when a customer offered to pay for the next person on christmas eve the recipient of the drink extended to another and so on, so on. it's the gift that keeps on going. that is really nice. >> still head white house looking at tweets of the year >> and a reaction why a little girl cried when her parents surprised here her with a trip

to disneyworld >> looking at western sky. our continued dry, mild patterns could spell trouble. i'll have the accu-weather forecast coming up >> is your home be glad you're not in this traffic. pretty grim. so bring your patience. "s avo: the volkswagen "sign then drive" sales event is back. which means it's never been easier to get a new 2014 jetta. it gets an impressive 34 highway mpg and comes with no charge scheduled maintenance. and right now you can drive one home for practically just your signature. sign. then drive. get zero due at signing, zero down, zero deposit, and zero first month's payment on any new 2014 volkswagen. hurry, this offer ends january 2nd. visit vwdealer.com today

>> this video of a 1-year-old and her uncle has gotten over 1 million views she contributes a spitting noise cracking us up. cute. >> so cute. a mom and dad sprang a surprise trip to disneyworld on their little girl. didn't get what is suspected. >> of what? >> yes. >> that 3-year-old say sheing

wants to go to mobile, alabama not disneyworld the reason is that her grandparents live in mobile. >> that is sweet, but after the video went viral city officials in mobile decided to make her an official ambassador. why not? she's plugging the city the mayor presented thoer a key to the city and a year long pass to the museum of arts. >> the family did make it to disneyworld and had a blast. >> that is cute. >> let's talk about the weather fblth. >> we're not going anywhere. we're going to stay tomorrow, mainly dry but rainy throughout the southeast and into the gulf coast. mild

high temperatures into mid to upper 60s. l.a. with a high of 87 degrees. so continuing to be mild but not so warm in southern california tomorrow, here in the bay area, sunny skies. low to mid-60s couldn't coast. looking to sunday, weather conditions in oakland, game time football weather. and that is not likely with peyton manning throwing the ball. >> nocht. >> may hope for a victory. >> that peyton manning is pretty

good. >> yes. >> if you have a new iphone or ipad for christmas you can down load the latest version of the abc7 news app. and is easy to show you. >> and still ahead at 4:00 a young girl sends a balloon message to her grandmother and gets a reply from a guardian angel. >> a look back at big news stories of

>> this story may make you shed a tear. an 8-year-old girl has a special guardian angel. she sent a pink note into the sky addressed to her late, great grandmother the note said bye-bye, tell mama i love her, four months later

bel bella got a special package. saying mama is with you, just close your eyes and you will see her. love your guardian angel. isn't that wonder snfl >> really nice the white house twitter account added 1 million new followers during 2013 n january, you'll remember the president took the oath of office and starting his second term in office. in august, white house tweeted this picture of the first family wishing president happy birthday z later, announcing there is a new puppy at the white house. top tweets for the white house. >> 2013 showed best of man kind and worst. birth of a few tour king, new found leaders and

irrational acts of violence. >> mother nature's fury. taking a look back at this past year in history. >> this is just devastation. >> empty spaces. >> just takes a breath of wind. >> job tried to get out of the way. >> just, that is death, devastation everywhere. >> so hungry, and >> half of the runners through.

first bomb explodes. >> the search for johar and tamerlan virtually shut down boston. >> over 100 injuries and confirmed fatalities. >> looking at what the victims saw inside of the navy yard building. >> a teacher got shot in the chest. >> a tsa officeer not going to go home to the family. >> it's nothing short of a miracle we had 123 people walk from this. >> are you happy military deposed president morsi yesterday? >> yes. >> supporters of the ousted president firing guns and fire works. >> our nation lost it's greatest

son. >> we'll never see the likes of nelson mandela again. >> this fight about syria's chemical weapons is real. >> arm terrorists reportedly holding a dozen hostages inside of the west gate mall. >> he we the jury find george zimmerman not guilty. >> trayvon martin was an innocent kid, walking home. >> she snapped. >> first first murder. guilty. into is the most significant leak of classified information. >> convicted of 20 and 22 major charges including espionage, theft and computer fraud. >> every hour ticks by puts our country closer to a shut down. >> by one estimate it costs

$1.4 billion a day. >> stocks rumbling back up. >> mr. snowden accused of leaking classified information. >> you're being watched and recorded >> we do not spy on anyone except for valid foreign intelligence purposes. >> the web site does not work as well as it should. >> if you like your plan, you can keep your plan. >> i do make apologies for not having executed better. that is on me. >> help me. i'm amanda berry. i've been kidnaped and missing ten years. i'm here. i'm free now! >> due to her brave actions these three women are live. >> i will not let this situation define who i am. >> ecstatic. >> it's equality.. >> i declare you... >> they call him the peoples

pope. >> welcome. a future king. >> quite a year. sometimes you for get everything that did happen. >> yes. yes. >> so much of it. goodness we have a lot more ahead for you. >> we do. coming up, the fight hunger bowl in san francisco. >> not hunger games, fight hunger bowl. fans of the match up are lining up right now. i'll have that coming up in a live report. >> all right. and new at 5:00 kicked out. that vote going on for ac transit contract so contentious our reporter is told to get off the property. >> a security breech this, could expose personal information on a popular social

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kick off for craft fight hunger bowl is a little more than an hour and a half. >> yes. >> we spent the day talking with fans and are live with their take on this event. sergio? >> yes. and have been watching fans show up for pregame celebrations now, since we're just about an hour and a half away from the beginning of the game people are already starting to line up to go into at and t park for this match up. the city packed with people wearing university of washington purple, and blue and while the bowl game is attraction for many, san francisco is the star of the day. >> it's nice to see sunshine. i appreciate not wearing a jacket. >> great. love the city. people. great. >> the bowl organization says

this event pumped about $140 million into san francisco's economy in 12 years. players helped by feeding the needy in the city. volunteering on christmas day at glide. been a great time. >> fans spent the day taking in the sites. one fan had interesting questions from locals about their logo. >> there is a part saying it's quicker to go. >> seems that reminds people of yahoo. the first person to say i resemble a certain byu alum. >> i thought it was a mini steve young. you know?

that is why i stopped to talk to yal. >> i don't know. >> sergio can throw a pass, too. >> abc7 prime time line up begins at 8:00 tonight. 8:30, the neighbors then shark tank at 9:00 and join us for abc7 news at 11:00. >> at 5:00 aat 5:00 begins right now. >> motions boiling over in handling of a teenager on life support. there are several new developments. >> also, target back tracks now confirming pins were hacked, and debit cards, compromised. customers are now cautious. >> i've been using cash. >> i shop just cash. >> high clouds today but still no rain. and air quality continuing to decline i'll have the accu-weather

forecast coming up in just a moment. >> you think your fine to fight to pull that plug. i'd rather be on my side any day. >> providing false hope and creating a hoax the young lady is going to come back? >> tempers flare and the lawyer for an oakland family and a hospital spokesperson face off. attorneys fighting over the case of a 13-year-old girl declared brain dead. good evening. >> a family is scrambling tonight to find a facility to care for the teenager. they say one they found has fallen through. abc7 news joins us live from oakland tonight. lots of developments, today. >> yes. jahi mcmath's family say they're looking to southern california for possible facilities but with time running out, and conditions that must be

met their attorney told us that they will likely be back in court monday morning, trying to get a local or perhaps a federal judge to extend monday's 5:00 p.m deadline. >> there is justice is finding peace. >> pulling the plug? >> emotions and words heated up this afternoon between the hospital spokesperson and jahi mcmath's attorney. >> do a good job. >> you're misleading the press and the public. >> how am i mislieding anyone? >> childrens say they will allow the move if the family meets certain conditions including identifying facility willing to accept someone declared brain dead and local coroner must consent to transfer. >> if they can't do that, i'm not sure they'