is in the sixth hour. a man stayed at the executive inn hotel. last night at 10:30 he heard arguing and a pop, pop, pop, pop. officers and paramedics arrived after that. they found the victim lying in the parking lot with a gunshot wound, a man in his early to mid-20's. >> officers arrived. there are hysterical people in the parking lot and the victim was in the parking lot deceased shortly after that. >> lieutenant said they talked with people staying in the hotel to get as much information as possible. they are allowed to stay in their rooms. they are working on limited information describing the suspect vehicle as "dark sedan." homicides are rare in milpitas the first in 2014 with only one homicide all of last year.

breaking news in oakland. all lanes of eastbound 580 are re-opened at edwards after a man was hit and killed on the freeway. c.h.p. says a man in his 30's staggered on to 580 at 1:00 o'clock. to minutes later he was hit by a car and killed. the driver would hit him is cooperating with investigators. c.h.p. now is looking into whether the man was under the influence or drug or alcohol when he staggered on the freeway. >> there are questions of san francisco's bomb squad procedures after they detonated a device that caused considerable damage in the sunset damage. this is the damage inside the western sunset market on 46th and judah. the family members were cleaning out a home that died and they found something suspicious. the bomb squad evacuated the area and detonated the device last night inside the building

but it was so powerful it shattered windows in the market and broke bottles and cracked plaster. no one was hurt. amy hollyfield will have more in a report at the top of the hour. investigators say trance yens start add brushfire in the delta near antioch with flames destroying three homes and several outbuildings part of sacramento county and worders southland -- solano. crews had trouble getting to the fire because the island is only accessible by boat and burned 40 to 50 acres before crews got it under control at 9:30. katie marzullo will have a report at the top of the hour. >> a couple of minutes away mike said we were under a red flag warning with extreme danger in the east bay hills. this is initial mid-january.

firefighters say red flag conditions mean wildfires could spark easily and spread as during the height of the fire season. cal fire recalled 120 firefighters. gusty winds and single digit humidity have firefighters hopping from fire to fire. ten acres of brush burned chess -- close to million dollar mansions yesterday. crews battled fires in riverside county and in the santa monica mountains. >> san jose police department have taken over the hunt for a serial arsonist believed to have set a dozen fires since last week. lisa has the story. >> it is time for the evening walk but not leisurely after dinner stroll. he has a mission. >> i hope to catch the go. that is why i am walking around. >> he is looking out for this suspect who may have started 13

fires in the past six days. he hates what has happened to his friends, after a couple's house was set on fire on saturday. the couple still cannot get into their burned home. they birdlyies -- they barely escaped. >> we watched the house and in five minutes the roof went. into, where we were. >> this man was caught walking back-and-forth across from the house four times before the fire started. they are from a neighbor's camera who is patrolling streets from 2 to 4:30 a.m. >> the patrols have caused him to step outside this area. >> the arsonist last struck on sunday morning. 4:33. the suspect in the fire bombing of the chinese consulate in san francisco is due in federal

court. the 39-year-old is a chinese nationalist told a judge he could not afford a private attorney so a public defender has been appointed to represent him. the daly city police armed fang when he claimed to have ignited a contain are outside the consulate saying he targeted the chinese consulate because the voice he heard were in chinese and the chinese consulate had to have been involved. san francisco 49er linebacker myth did you if court on gun possession charges after pleading not guilty in november. three illegal assault weapons were discovered in his san jose home and the sheriff deputies responded to reports of an out-of-control party. he missed five games during the season to have treatment for substance abuse after slamming his pick medium truck into a tree in a residential neighborhood in september. new this morning, piedmont police are asking for help in locating a missing 72-year-old woman, a silver alert issued

this morning for jail -- jill reese last seen leaving in her gray s.u.v. she missed an appointment she had in orinda and did not run hole. she described as 5' 6" and weighing 128 pounds and blond hair and blue eyes. >> new details for a teen who hang herself a week after drunken house party. our media party says three teen boys had a minute to sexually assaulting were -- have admitted to sexually assaulting audrie potts who was woken up half naked with lewd comments. two teens admitted taking photographs. she hang herself after learning the photos were circulated. two teens were sentenced to 30 days and the other to 45 days and the three boys have been named in a lawsuit filed by pots' parents. >> the chemical safety board holds a meeting to update the

community on the probe into the 2012 first at chevron refinery. the board will present the results of the second of three reports on the incident. the fire endingered 19 workers and sent 15,000 residents to the hospital con plaining of breathing problems. the board blame add decade of safety failures by chevron in a lax regulatory environment. it is expected to recommend more rigorous safety frameworks for refineries across california. >> the deadly flu season is getting worse. health officials report two more deaths for a total of 18 people who is god from the flu in the bay area and santa cruz county. officials in milpitas restricting access to these cell blocks after confirming three inmates have the swine flu with four more possible kisses -- cases. >> the 49ers have their first full practice in preparation for

the championship game in seattle. they studied film of a win of cardinals last in in seattle. much of the home field advantage is credited to their noisy fans, the loudest in the nfl but the 49ers believe they are battle tested on the road. sunday is the 4th straight road game and the 49ers willfully into seattle on friday. the coach harbaugh is practicing body language moves with the team so they can get their plays across since they will not be able to hear each other. >> how is the weather in seattle and here. mike? >> looking dry with temperatures in the mid-to-upper 40's is rain will not be a factor in the game. the winds are gusting to 30 in knoxville. along the east bay hills, in diabolo range we have the fastest wind and oakland hills gusting to 23 and calaveras up to 25 and the entire area you

see in red is still under the redding in warning with a high fire danger through 8:00 tomorrow morning. what i learned yesterday the national weather service office in monterey issueed the one in december and job were the first, ever, issued for those months, december and john. we are at 1 percent or less than 1 percent of average moisture in our soil so there is so much dry vegetation out there, we have record high temperatures this time of the year but we usually have it under grown circumstances. next 12 hours, low 30's inland to up to 50 around san francisco and toward the coast. low-to-mid 60's already getting warm at noon and we will hand out in the mid-to-upper 60's and a few areas see

sig-alert in effect for unknown duration because of a light pole that was down in the lanes and eight cars hit it and they get not tires. it looks like the electrical crews have to come out and fix the problem and they don't know if there are life wires but they will keep the lanes blocked, two lanes blocked, until first notice. this is at the berkeley with a big mess this morning, so if you need to make your way give your sell extra time and get going earlier. >> 580 westbound from tracy to dublin is 23 minutes, and eastbound side of 580 at not flynn road a stalled big rig and highway four is in the clear 101 through marin county to san francisco 16 minutes and into san jose northbound 87 beyond the julian street off-ramp there are headlights. southbound direction is accident-free. new details are out about

the police raid on the southern california home of justin bieber and why officers arrested one of the pop star's guests. twice. and the drugs investigators found. a new twist in the n.s.a. surveillance scandal, they are infiltrating tens of thousands of computers an the world. parking at the

covering santa clara, san francisco, east bay and all bay area, this is abc7 news. this morning the los angeles county sheriff says that pop star justin bieber is under investigation for an egg throwing indent saying detectives looked for surveillance video when they searched bieber's mansion yesterday accused of causing $20,000 in damage by throwing eggs at the neighbor's house on thursday. the dollar amount raises the case to a possible felony. one of his group was arrested

for what was first thought to be cocaine but officers now say it was ecstacy and the people was arrested again in the cell for vandalism. the national security agency has reportedly implanted software to nearly 100,000 computers around the world allowing the united states to conduct surveillance on the machines. "new york times" cites n.s.a. documents and computer experts and officials in the report of the use of secret technology. the n.s.a. used the technology to monitor the chinese army, russian military and drug cartels and used on trade institutions in the young union and parches against terrorism like saudi arabia, india and pakistan. they say the technology has not been used in the united states. >> classes are canceled a middle school in new mexico after a shoot last two students badly hurt. the telephone-year-old suspect

has been taken to a psychiatric hospital. we have more on how the community is reacting and the teacher credited with saving the day. a familiar scene, terrified students and another school tragedy. a 12-year-old student brought a hot gun to roswell middle school bombing into the gym and opening fire. >> we have a constitute, possibly female subject shot. two students were hit the motive is not then but it could have been worse were it not for the rapid response of the teacher. >> he turns and sees that the young man shoots and the teacher talks to him to put it down and the young man put the gun down and raised his hands. >> the state police lieutenant dropping off his child ran to help. the shooter remains in custody. those would know him find it hard to believe. >> great kid.

i'm shocked. >> the victim is a 13-year-old girl and a pre-teen boy were friend to a hospital in lubbock, texas. she in serious condition. he is critical after two surgeries. hundreds gathered at the vigil as the search if answers begins. school shootings are commonplace in the united states. since the massacre at sandy hook elementary school there have been 30 more school-related shootings in the country and 26 people killed. >> classes have been canceled for the day as the community tries to come to terms with the tragedy. students are expected to return tomorrow and counselors are on hand to help. >> the 49ers are adding 10,000 parking spaces near the new home, levi stadium, after they said they were short 5,000 spaces two months ago. the shot acknowledge forced the team to avoid hosting monday or thursday night games next year. the bay area news group reports that some parking is on the

fairway of a city golf course and other spays are on private property up to a mile away from the stadium. 49er fan, we need your help to win the battle of the bays. >> we have a competition to see who has the best fans. we know the answer to this: san francisco bay area fans. we are challenging seattle emerald bay fan. >> to prove it goes to facebook and "like" this post, see allege things they will beat us but we will clobber them on the field and on facebook. right now we will look at seattle, our sister station, they want their fans to "like" them but the trash talking, can you see that? episcopal is reporting that all 49er games are broadcast on the history channel. they turn the logo for san francisco to their colors? no, we do not like that. we will go to this page,

facebook page and click "like" as many of you have, over 18,000. good job. keep it up. they are leading by a little bit but we will overtake them as the 49ers always come-from-behind victories. >> if you like it dry and warm you we have good weather but this is a flip side. >> we will show you what is going on, it is bone dry. it led to many record highs yesterday. oakland, downtown 73. old record was 70. the airport, 65 was the old record and we made it to 74. sfo is 67 for the old record. up to 72 set in 1948! san jose and livermore, all set the records from 2009 but beat these records by a healthy margin. >> we will have more records but not so many, with record highs

warmer than they were yesterday. you can see live doppler 7 hd everything is out there quiet and dry as far as radar is concerned and temperatures are all over the scale up north, 50 in novato, 54 in mill valley, 48 in san rafael, american canyon, 46 and closer to freezing in napa at 33 and guerneville at 33 and we are freezing in petaluma, and 32 and clear lake, 30, and santa rosa, 29, and bodega bay at 51 and half moon bay at 64 and the temperatures came up during the overnight hours as the warm air mass slid on the offshore winds to our beaches. we are in the 56 degree range in alameda and 41 in san jose. low-to-mid 40's in cupertino, newark and redwood city. cheer air out there but the high fire danger in the hills through tomorrow morning and record warmth possible through friday and right now just like december, january is looking like it will be the driest ever

january in the bay area at .01" all the rain we have had so far the record lowest amount of rain in san jose is .17" back in 198 1984. low-to-mid 70's in the south bay and gilroy is 76 and santa cruz is 78 with record highs and low-to-mid 70's on the peninsula and mountain view is 72 a record high and 72 at half moon bay is as warm as it gets. nearly 70 in downtown and south san francisco. sausalito is 69, upper 60's north bay bench. low-to-mid 70's inland and napa is 73, a record high. 73 in oakland but the record highs are 74 and 75. low-to-mid 70's for the rest of the neighbors and 69 in brentwood and otherwise, low-to-mid 70's in the east bay valley. tonight the temperatures are like this morning, tomorrow's temperatures are a lot like today but "spare the air" day could be introduced tomorrow and hang out law the weekend with

temperatures well before average into next week. >> not too much across the bay area but some construction and the sig-alert in berkeley eastbound 80 at the berkeley curve we have a light poll that went down, quite a few cars ran into it and debris everywhere, and not tires galore so a real mess. the two lanes will remain blocked until further notice until the crews go out there and clean things up and assess the situation because there could be live wires and no one is allowed near the light pole. in the north bay along 101 the drive moving along fine through santa rosa and very cold and we do see the area of orange where fog could affect the commute and there could be a chance of black ice. here is the bay bridge toll plaza from the maze not too many cars as you make the track in the westbound direction to san

francisco. >> thank you, leyla. >> prosecutors in san francisco and new york join forces to investigate monster energy drinks and who they say the company is wrongly targeting. >> when i turn 15 i was, live, whoa, it is happening. >> she is not old enough to drive but she is already taking on the world. a bay area girl talks about what it takes to go for olympic gold. >> more evidence he is not your traditional pope. the unusual items pope francis is auctioning

uncle go one,two,one,two,one [uncle]thistwo,one.cotch,okay? [niece]okay! [uncle]okay? [niece]one,two three,four,five,six,seven,eight! [uncle laughing] okay,we go the other way,okay? [niece]one,two,three,four,five, six,seven! [uncle laughs]there's ten spaces,you want to try again? [uncle]yeah?

a 15-year-old san jose teen is headed to the olympics, seen here gracefully stating last year came in second at the senior nationals in boston. that puts the sophmore on the olympic team. she was this san jose yesterday

where she skates and admitted other skaters are older and more experienced but she is not intimidated. >> i have been skating for a very long time, for 13 years so for all of that leading up to this olympic trial is for me to skate well and to be named to the team is outstanding. >> she practices since day as week before and after school. she, her mom and coach take off for sochi if a few westbounds and a lot of foes are wish her good luck. >> she has been indicating for 80 percent of her young life. so has mike, he has doing meteorology for 80 percent of his life. >> do you need me to bail you out of? >> there is no hope. >> soon as i could stand i have been forecasting. 45 to 48 but a drying trend is continuing up in seattle if the

game. i will talk about what is happening at home, you can see from the roof camera it is clear and not too much thick haze yet but, still we waiting for the other shoe to drop when the wind chills calm down. temperatures in the low-to-mid 70's today and 12 to 16 degrees warmer-than-average and almost a record high in tahoe at 56 and record high 76 in monterey, and low-to-mid 80's in the santa ana and low-to-mid 70's through the central valley. >> back to berkeley, two lanes are blocked, the to lanes are going to be blocked off until further notice. as the morning commute starts to build you could see more traffic eastbound 80 at the berkeley curve. in danville and northbound 680 to sycamore valley the lanes are blocked until 6:00. we have work being done on the side of the road as you make the curve from pleasant hill to

walnut creek the traffic is easing to the 24 junk. san francisco is joining with new york in a monster battle over energy drinks. the city official and his new york counterpart are investigating there monster beverage is marketing the highly caffeinated drink to children. a federal judge tossed out a lawsuit filed by the southern california energy drink maker to stop the investigation. the federal government is looking into reports of five deaths possibly linked. monster say the products are safe. looking for a new motorcycle in there is one for sale but you have to go to vatican city. pope francis added his signature to his harley and put it up for auction in paris next month with pres to the catholic church. the pope was given this as a gift, and he is auctioning off the leather motorcycle jacket. he drive as ford focus in favor

of the popemobile. >> san francisco police procedures are unscrutiny this morning after an explosive device left the small store damaged. next at 5:00, why police say they did not do anything wrong. >> governor brown will issue an emergency declaration to deal with the looming drought. >> a major milestone for caltrain and a big thank you to to thsuffered in silence... hoped... and lived in a state of fear... welcome to a new state... of health. welcome to covered california. the place to find quality, affordable coverage. financial help for those in need.

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[ man ] yo buzz! drop that beat! remix! ♪ hey! must be the honey! ♪ ♪ ♪ you got that medley crunch ♪ go! go! buzz! ♪ go! go! go! buzz! ♪ hey! must be the honey! ♪ ♪ clusters, flakes ♪ that medley crunch, crunch! ♪ clusters, flakes ♪ that medley crunch, crunch! go! ♪ ♪ ♪ hey! must be the honey! ♪ ♪ hey! you got that medley crunch ♪ ♪ hey! must be the honey! ♪ live from the kgo-tv broadcast center this is abc7 news. >> good wednesday morning at 5:00, thanks for starting your day with us. >> it is warmer than you would expect today. we will check with mike