making news this morning, deadly dispute. shots ring out inside a movie theater. how an argument over texting led to it all. a young father dead, a retired police officer now under arrest. another controversy for chris christie. the governor viewed as a hero of super storm sandy now facing a federal investigation into his use of millions of dollars. the details in a live report. slope scare. skiers seeing something unusual on the mountains out west this year, bears. why they are not hibernating. short sermon, a passionate pastor holds a one-minute sunday service for the love of football. >> there's some bread and some wine up here on the table. feel free to help yourself if you'd like to.

and good tuesday morning. i'm marci gonzalez in for diana perez. >> and i'm john muller. we begin with new details about the victim in the deadly theater shooting in florida. chad oulson was on an afternoon date with his wife. he wanted to send send a text message to their daughter. police say that's when a man nearby became angry and eventually opened fire. the shooting happened at this movie theater after an argument over texting. >> the pasco sheriff's office got emergency calls in reference to a shooting at this movie theater. >> reporter: the gunman, retired tampa police officer curtis reeves and his wife were waiting for the movie "lone survivor" to began. chad and nicole oulson were sitting in front of them. oulson was using his cell phone and would not turn it off, so reeves went to get a manager. >> he came back irritated with theater management. they started arguing again about

the cell phone. the guy who was shot said something, "i just was texting my daughter, 3-year-old daughter." >> reporter: the altercation escalated. witnesses say 71-year-old reeves shot olson in the chest. oulson's wife was wounded trying to block the gunshot with her hand. >> somebody throws popcorn. i'm not sure who threw the popcorn and then, bang, he was shot. he staggered two seats over, fell on my son and i. >> reporter: two off-duty nurses in the theater rushed to assist oulson. the 43-year-old victim died at the hospital. >> it's crazy. i never thought something like this would happen at our theater. >> reporter: an off-duty deputy retained reeves until police arrived. reeves is being charged with second degree murder. police say about 25 people were inside the movie theater at the time of the shooting. and new jersey's embattled governor speaks in public for the first time today since that marathon news conference. chris christie is facing even further scrutiny, and the latest inquiry has nothing to do with that epic traffic jam. new details now from abc's mary bruce. >> reporter: as if one scandal weren't enough, fresh

allegations are raising new concerns about how business is done in chris christie's new jersey. his hands-on response to hurricane sandy rocketed christie to political stardom, but now questions about his use of relief funds are threatening his future as a leading republican presidential candidate. $25 million in federal money was used to create this tv ad campaign to promote tourism after the storm. >> because we're stronger than the storm. >> you bet we are. >> reporter: the ad featuring christie and his family aired in the middle of his re-election campaign. another firm offered a similar far cheaper pitch for half the price, but there was one key difference. >> none of our creative included the governor at all. our strategy was designed to let the new jersey shore speak for itself. >> reporter: now a federal investigation wants to know if christie chose the more expensive ad so he could star in it. >> normally if you're a government agency, you take the low bidder. you don't someone who is going

to charge an extra $2 million. >> reporter: christie's office defended the commercial saying they were approved by the obama administration. the latest probe comes as christie tries to contain the fallout from bridgegate. new jersey lawmakers are forming a special committee to investigate the massive traffic jam on the george washington bridge that was caused by christie's aides in an act of political retribution. now, the governor is set to deliver his state of the state address later today. he's reportedly expected to mention that bridge scandal but only briefly. marci and john. >> all right, mary bruce live in washington. thanks so much. new this morning, people are protesting a not guilty verdict for two california police officers charged in the beating death of a mentally ill homeless man. kelly thomas died in 2011, five days after surveillance cameras captured the fullerton officers hitting him with a baton and shocking him with a stun gun. police say the video shows the officers struggling with the combative suspect. a candlelight vigil was held in protest to the verdict.

some wore shirts that read, "this is not justice". at least some of the 300,000 people in west virginia waiting nearly a week to drink and bathe in their tap water are finally getting some relief. six days after that massive chemical spill in the elk river, 10,000 people are now being told that the water is safe despite a strong licorice smell. the chemical company responsible for the leak, freedom industries, had not been inspected since 1991. the southwest pilot who landed a plane at the wrong missouri airport has been grounded along with his co-pilot. the plane took off yesterday from the smaller airport seven miles from its intended destination, and the black boxes have been sent to federal investigators in washington. 124 passengers were on board when the plane touched down on the short runway and came to a screeching halt just shy of a cliff. many experts are baffled. >> this airplane has so much technology, it can put this crew

within eight feet of any point on the earth, and so why they weren't using it, why it wasn't employed here and why they took their visual cues and got pulled off to some airport that wasn't theirs is just very hard to understand. >> and the small airport does not have the emergency equipment to respond to a commercial plane crash. fortunately, no one was hurt. well, arrests could come as soon as today in connection with the disappearance of madeleine mccann. she is the british girl who vanished in forthgal when she was just 3 years old. london police are seeking permission from portugal authorities there to arrest three suspected burglars. they are believed to have targeted vacation rentals around the time madeleine went missing. back at home, floodwaters proved to be a challenge this morning in western new york. the great thaw after that deep freeze and feet of snow and ice, well, it's triggered raging floodwears up to ten feet leaving millions of dollars of damage behind. some residents had water reaching to the second floor of their homes. many still have flooded basements. all right.

time now for the weather for the rest of the nation. a band of rain stretches along the east coast from maine to miami, but much of the southeast and gulf coast will be drier. the great lakes region will see 3 to 5 inches of snow as will the northern rockies. temperatures in the 40s and 50s along the east coast. 30s across the midwest. warmer along the west coast. the coldest will be minneapolis. 20 degrees. 83 degrees for miami. all right, considering a change, a popular restaurant experimenting on how they will dish out their pizza. plus, a frantic 911 call. tapes are released from the night a husband was shot at an upscale mall just before christmas. what the calls reveal about the ambulance response time. and caught on camera, a car followed by an officer veers off the road and overturns. the dangerous distraction that caused it all to happen. happen.

welcome back. anyone checking their investments this morning will likely be disappointed. yesterday was the dow's worst day since last september. it slipped 179 points. so far this year, the dow is down 2%, and it has been down in all but two trading sessions. well, people signing up for health insurance under obamacare, they tend to be older, and that could lead to some higher premiums. only 24% of the enrollments so far are young adults, ages 18 to 34. enrolling young healthy people is important because they generally pay more into the system than they take out subsidizing older adults. experts say to keep premiums

low, young adults should make up 40% of total enrollment. one of the country's oldest and most recognizable brands has been taken over by a japanese company. jim beam with its classic liquor brands including maker's mark and knob's creek has been purchased by suntory whiskey company. suntory says no u.s. jobs will be cut. word is microsoft will unveil a new windows desktop in april. windows 9 will be the company's attempt to move itself past the problems associated with windows 8. windows 9 should be available in april 2015. and at the north american international auto show in detroit, gm has swept the major awards. chevy's corvette stingray was named car of the year, and the silverado won truck of the year. incoming gm ceo mary barra says the awards should at least help get customers into gm's showrooms. all right. here's a first for pizza hut,

and what other restaurants have done for years, sell pizza by the slice. >> starting today they will test out the sale of individual slices in two small towns in rhode island and nebraska. each slice will cost less than 3 bucks. >> i think it's about time. >> yeah, why not. all right, when we come back, talk about a skiing hazard. why people are seeing more bears on the slopes when they should be hibernating. and only friendly faces allowed. well, fans of one team are outraged after the seahawks banned ticket sales to people in a certain state. uh, mark? go get help! i have my reasons. look, you don't have to feel trapped with our raise your rate cd. if our rate on this cd goes up, yours can too. oh that sounds nice.

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conditions elsewhere. a wide ban of rain will make cities slick up and down the east coast from maine to miami. snow over the great lakes could ice up roads from minneapolis to cleveland. if you're flying, airport delays possible in chicago, detroit, minneapolis, d.c., philly, new york, boston and l.a. and back to the news now, a new question about the emergency response to a fatal shooting at a new jersey mall. >> newly released 911 calls indicating that the ambulance took up to 30 minutes to reach a lawyer who had been shot to death in a parking lot carjacking at the height of the holiday shopping season. the victim's wife can be heard screaming at the dispatcher about the delay in getting help. >> yes, this is an emergency. i'm at the short hills mall parking lot. my husband has been shot. we called an ambulance a half an hour ago. where is he? >> they're on their way, ma'am. they're on their way. >> the local police chief said the ambulance got there within 18 minutes, but it had trouble getting to the scene because it couldn't fit below a low ceiling at the parking deck entrance. and this dramatic new video from denver.

a s.w.a.t. team opens fire on a man using a woman as a human shield. police say he took her hostage at a 7-eleven. now, we've edited out the suspect being wounded because it may be disturbing to some people. the man drops to the ground after one shot is fired by an officer. the woman is then seen running to safety. the suspect is in critical condition. people across san jose, california, on edge as police try to track down an arsonist. more than a dozen fires have been set in less than a week sending residents running for their lives in the middle of the night. several homes and buildings have been destroyed. a $10,000 reward is now being offered in the case. the sober reminder this morning of why we should not text while driving. police in ft. myers, florida, releasing this dash cam video of a car they were following for erratic driving. the driver loses control, flips over after hitting a tree and a post. the 23-year-old climbed out of the car uninjured, but he was cited for texting behind the wheel. all pregnant women should be

tested for gestational diabetes according to an independent panel of experts. the recommendation backs what most obstetricians are already doing. gestational diabetes is on the rise because more pregnant women are overweight or obese. well, skiers around lake tahoe are facing a whole new black diamond hazard on the slopes. check this out. a black bear crossing in front of some pretty startled downhillers. now, because of the mild, dry winter many wildlife officials say they're not hibernating and out looking for food. he ambled off towards the woods without any incident. >> as if skiing wasn't hazardous enough. you have to watch out for bears. my goodness. fans of visiting teams in this weekend's nfl conference championship games have to check out secondhand sellers. tickets sold out quickly yesterday in seattle and denver. >> quite a flap developed as offices refused to celtics to anyone not from the surrounding

area. some 49ers fans even petitioned the nfl to step in and stop that practice, but for now it is all about the laws of supply and demand. and speaking of 49ers fans, this guy can probably the nation's most well known right now. >> good morning. >> good morning. >> welcome. there's some bread and some wine up here on the table. you feel free to help yourself. >> man, oh, man, that's pastor tim christianson of butte, montana. on sunday he cut his worship service down to about a minute just so he could watch his team beat the carolina panthers this past sunday. >> my dad was a season ticket holder, moved into san francisco from rural northern california when i was 12, in '72 went to a game. i have been 49 faithful ever since. >> christianson says all the media attention he's been getting since the worship service media went viral has been fun. he will be watching this coming sunday. you can count on that.

>> no matter what. >> one minute, that's my kind of -- i won't say it out loud. five minutes would maybe be better. time now for sports. things are turning around for the knicks in 2014. >> and two top 25 teams are battling it out in college basketball. neil and stan at espn have the highlights. >> good morning, america. you don't know but this is our second take at this, okay. >> so we're going to try to do it much better. >> i screwed it up. he's stan, i'm neil. this is the los angeles "sportscenter" set. all right, suns and knicks. knicks 5-1 since we moved into 2014. carmelo anthony moving into the lane. nothing there, so he kicks it out to raymond felton at the last possible second and felton knocks down the triple. up 92-90. barbosa trying to create something. he's able to create the foul on kenyon martin. now, the knicks didn't think so. but what else are they going to think. barbosa hit both free throws. tied at 92, they go to overtime. phoenix scored four points in overtime. knicks scored six. anthony had four of those. the knicks, 6-1 in 2014.

>> i think this is the first time we've ever had to do two takes. and deandre kane and eighth ranked iowa state hosting kansas. three-pointer, first half tied at 36. second half, all bill self's club. embiid, talk to the hand. on the other end, the finish. >> a little chicken wing. >> there you go, 16 points, 9 rebounds, 5 blocks and andrew wiggins, 19 rebounds, 17 points. kansas wins 77-70. caroline wozniacki and rory mcilroy officially engaged. >> any closing thoughts? >> i think that was good. >> okay, all right. back to you. thanks, guys. all right. up next, "the pulse," talk show host, media mogul, plumber, proof that oprah does all. and plus out of her league. the big-time baller who is playing with girls much older than her. [ female announcer ] you get sick, you can't breathe through your nose...

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>> jerry seinfeld and jason alexander were seen walking into the new york diner that was a fixture on the '90s sitcom and "seinfeld" co-creator larry david was there. >> word they may have been filming a super bowl commercial. another guest. the shoot was for a web show. all parties tight-lipped. i'm sure it'll be good. speaking of old friends getting together, oprah and gayle king spending a weekend at oprah's home in maui. >> but it was anything but relaxing, at least in the bathroom. king snapping this photo sharing it on instagram of the media tycoon fixing her own toilet. can you believe it? >> you got to do what you got to do. gayle shared the caption, stars are just like us. oprah proving the old adage if you want something done, you got to do it yourself. >> love that. next abc's "the bachelor" on last night's episode, juan pablo cut the field of women who could be his wife down to 15. >> make it 16 because i know you like him.

but the incident that drew the most attention was a booze-fueled meltdown by a young lady named victoria, probably a little too much wine during last night's group date. juan pablo sent her home the next morning. >> and when it came to the roses last night, two other women did not get them, so they're out, as well. as we mentioned, 15 ladies, if you don't count me, and juan pablo are left. and another lady, a little one, with big basketball dreams. she is the star of this morning's "play of the day." >> man, oh, man, check out her, these cool. 9-year-old jaden newman all 4'7" of her. jaden is in fourth grade, but she's in her second year of the high school varsity basketball team. >> incredible. she averages about 15 points and over 7 assists per game, and that is despite playing against girls who are often a foot taller than she is. you were just like, marci, right? >> oh, yeah. you know it. >> absolutely. all right. for some of you, your local news is next. >> for everyone else, we will be back with a unique experiment about the spread of the flu.

this is jim. ale] a man who doesn't stand still. but jim has afib, atrial fibrillation, an irregular heartbeat not caused by a heart valve problem. that puts jim at a greater risk of stroke. for years, jim's medicine tied him to a monthly trip to the clinic to get his blood tested. but now, with once-a-day xarelto jim's on the move. jim's doctor recommended xarelto. like warfarin, xarelto is proven effective to reduce afib-related stroke risk. but xarelto is the first and only once-a-day prescription blood thinner for patients with afib not caused by a heart valve problem that doesn't require routine blood monitoring. so jim's not tied to that monitoring routine. [ gps ] proceed to the designated route. not today. [ male announcer ] for patients currently well managed on warfarin there is limited information on how xarelto and warfarin compare in reducing the risk of stroke. xarelto is just one pill a day taken with the evening meal. plus, with no known dietary restrictions, jim can eat the healthy foods he likes.

do not stop taking xarelto, rivaroxaban, without talking to the doctor who prescribes it as this may increase the risk of having a stroke. get help right away if you develop any symptoms like bleeding, unusual bruising, or tingling. you may have a higher risk of bleeding if you take xarelto with aspirin products, nsaids, or blood thinners. talk to your doctor before taking xarelto if you have abnormal bleeding. xarelto can cause bleeding, which can be serious and rarely may lead to death. you are likely to bruise more easily on xarelto and it may take longer for bleeding to stop. tell your doctors you are taking xarelto before any planned medical or dental procedures. before starting xarelto, tell your doctor about any conditions such as kidney, liver, or bleeding problems. xarelto is not for patients with artificial heart valves. jim changed his routine. ask your doctor about xarelto. once-a-day xarelto means no regular blood monitoring -- no known dietary restrictions. for more information and savings options, call 1-888-xarelto or visit goxarelto.com.

wow. college already. ( chuckles ) yeah. - ( engine starts ) - we gotta go. ♪ for all the truth that you made me see... ♪ i love you. ♪ for all the joy you brought to my life... ♪ i love you too, daddy. ♪ you're the one who saw me through... ♪ and thanks - for everything. - ♪ through it all... - ♪ you were my strength when i was weak... ♪ - ( woman speaks ) a message from the foundation for a better life.

live from the kgo-tv broadcast center this is abc7 news. >> good tuesday morning. i am kristen sze. >> i am matt keller here for eric thomas. yesterday was beautiful. the temperatures go up but that brings chances for another "spare the air" day. >> the big story is the wind and the record high temperatures. also, we have fog in santa rosa on live doppler 7 hd. three-quarters of a mile there. well watch that. the breezes have kept temperatures outside of our inland valleys up. check out the record highs, upper 60's to mid-60's inland, around the bay and upper 60's to low 70's at the coast. not a "spare the air" day today but poor air quality will develop today. tomorrow will probably be our

first. good morning, leyla. >> good morning, we have a big closure in napa county, a full freeway or highway closure at highway 29 to red top road, they are shutting all lanes until 5:00 this morning for the duration of the week. expect the closings to begin at 11 p.m. through 5:00 a.m. each morning. detours are in place to get around that. this is away from emeryville to san francisco, the toll plaza, a few cars but not too many. we are hours interest a stretch of dangerous wind in the bay area and already some gusts have been strong enough to take down trees. amy hollyfield is in the berkeley hills with an example. it is still now but it was windy enough yesterday to knock down the tree, a pile of

branches, now, sitting here but, yesterday, the tree came on down not because it was cold and wet and the ground was wet from all the rain it fell over which is what you would expect to see but it was dry and windy at 3:30 in the afternoon, two trees in. berkeley neighborhood fell down and no one was hurt. the winds were worse with 50 miles per hour gusts last note, and this is not what people would expect to see in mid-january. it was a shock. >> i could hear the tree breaking and i felt something would happen. i looked from the window and i realized it wasn't rain. it was actually just wind. it was so noisy it sounded like a rainstorm. >> the high winds combined with the dry weather equal a red flag warning in place until thursday night for east bay hills and north bay.