and try scented oils with i-motion to create a relaxing atmosphere in your home. try the full i-motion range. air wick. release the freshness of nature. a bay area city is set to make a landmark decision that could make it the first in the nation to license marijuana cultivation. new information tonight about the suspected freeway shooter and who police say he intended to kill. open carry activists are celebrating tonight, they say they got what they wanted regarding a bay area police officer. and a star studded musical

honor today for a singer from oakland. good evening i'm frank somerville. >> and i'm julie haener. right now, oakland is debating a measure of whether to legalize the sale of marijuana. ken pritchett has the story. >> reporter: opponents say it will drive smaller mom and pop

growers out of business. but supporters. including some members of the city council say it will be better for patients because they will be receiving the best quality. >> these are people who are small mom and pop operations, they can make a living with this business. they are not getting rich, but they are able to live a good middle class living. >> reporter: karen buxton says he grows about 40 pounds of pot a year to supply the harbor clinic. he says the oakland ordnance could put him out of business. >> it's going to affect how much i receive. >> reporter: smaller growers

can receive cooperatives. that's what one man who supplies growers with hidroplonics is already doing. >> i think this is going to be a competitive process where anyone can apply. small growers have just as much students as large frauers to participate in this competition. >> reporter: the ordnance would also boost oakland's depleted budget with estimates of one preponderate $5 million a $1.5 million in revenue to start. >> we just laid off 80 police officers, i really do love oakland and i want to help oakland. >> reporter: 125 people signed up for the public comment, we're a little bit more than half way through that portion. each person has one minute to speak. after the ept of the public comment period, then the city council begins its debate over this ordnance. it could be very a very long night. if something happens before the

ends of this newscast, we'll bring you the results. ken wayne. police say he wanted to start a revolution. they are talking about the suspect who got into a shoot out with highway patrol officers after they stopped him on interstate 580. byron williams made his first court appearance today and tonight we have new information on where he was headed and who police say he wanted to kill. ktvu's mike mibach live with our report. >> reporter: here are the charges, four counts of premeditated attempted murder against four officers both oakland police and highway patrol telling us that williams had a clear cut agenda, he wanted to kill people and people of importance. when you take a peek at the fire power that was unleashed, it's an up close look. a prime example that williams was ready for a fight. but before he could get into that night he ran into a roadblock and that is the

highway patrol. >> reporter: highway patrol said the gun battle lasted 10 to 20 seconds. >> when you see something like this, it's very frightening. when we come to work, we think we're going to make it back home. >> reporter: the man was on a man with a mission, and he relayed his message with the officers. >> he talked about where the country is going, what he perceived as liberal policies. >> reporter: williams told him he wanted to start a revolution and that his plan was to wait until monday morning to start his killing spree. investigators say there were two targets, the american civil liberties union of northern california and the tides foundation located in the presidio. >> we have certainly heard you know adverse comments about our work from various parties in the back but never anything like this, no, nothing even

close. >> reporter: the tide ceo drummond pike says he had never heard of williams. >> i wouldn't even try to explain this type of behavior. this person is a very unbalanced soul. >> reporter: byron williams never made it to san francisco because patrols pulled him over in oakland. highway patrol officers stood their ground. >> they are to be commended for their bravery, they are to be commended for intercepting this guy. and stopping him from inflecting death to many civilians and perhaps other law enforcement personnel. >> reporter: the fbi is investigating now because of a notebook found inside williams

truck. that notebook was released to the fbi for investigation. mike mibach, ktvu channel 2 news. this is on pace to being the deadliest year for officers. 80 officers died in the line of duty from january 1st to june 30th this year. that is a sharp increase compared to the same period last year. almost half of the deaths were the result of traffic accidents but dozens died in gun violence. nine california officers are among those killed this year. none was from the bay area. experts blame increasing mental health problems among the public, internet criticism of police and rampant gun violence. berkeley police and fire investigators may have caught a break today in a recent rash of arsons.

13 fires have been deliberately set in the area, south of the uc camp campus in the past few days. the latest was about 4:00 just a block from campus. surveillance cameras from sam's market caught these images. they show two men walking to a trash can in front of a store. while you can't see exactly what happens after they leave, flames spring up from the can. >> i hope the two that are in that video, they get caught and something worse happens to them. like a night in jail and they actually go nor for arson. because that is arson, it's not guilty -- it's not a little prank. >> if you recognize the people on the video please call police right away. for another look at that surveillance video, just go to our website, ktvu.com and look for the right now section. and a man spoke out about

an attack of a vietnam singer. and short from saying he was responsible for the attack, he talked about why he did it and why he was so close to the stage -- and how h he got so close to the stage. >> reporter: 68-year-old lee tong is in custody at the santa clara jail and he wouldn't have it any other way. tong a fighter pilot calls himself an anti communist leader freedom fighter. he attended a concert by a vietnamese singer. >> they come here to lullaby the young vietnamese americans here. and he leave our community. >> reporter: so what did tong do? it was caught on camera.

on the left, you can see tong dressed as a female fan offering up a flower. as tong offered up the flower, he sprayed him with pepper spay. >> i'm a sort of celebrity. i cannot get in see. >> reporter: tong fame started with a high profile hunger strike in 2008. that convinced the san jose city council to name the vietnamese business district, little saigon. >> they will protect san jose, they will protect california. the vietnamese community and we

are still in a big communist prison. >> reporter: community leaders expect big reaction. his attorneys lou and nguyen say they first plan to ask the judge to reduce jail which has been set at $100,000. in san jose, robert handa, ktvu channel 2 news. ktvu has obtained a letter, oakland mayor ron dellums september to all city employees a week after mehserle's verdict became public. oakland demonstrated that it is a community of people who have character and they displayed that character thursday night out of respect for the family, honor for the young life of oscar grant, love of community, commitment to peace and passion for justice. coming up, developing news,

a plane heading to california suffers turbulenceandd there's injured people. >> how do i feel? i feel optimistic. a bay area

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they say they feel vindicated. tonight, people who carry weapons legally say they have won when it comes to a police officer and the controversial comments he made about the open carry movement. lloyd lacuesta is live tonight with our report. >> reporter: the police detective of palo alto released this comment tonight. that the officer participated in misbehavior when he commented on open carry. if one of them makes a further

movement, two weeks off. >> the fact that an officer would be joking about something like that, putting a person at risk by putting him at gunpoint and going so far as to say, get a bullet in them to enjoy two weeks of paid vacation, that's going a little too far. >> reporter: s h hahab protested -- shahab protested tonight because the group feels that the city is taking too long. >> those comments have been found to be sustained and it did violate department policy. >> reporter: the officer may get suspension but not termination. the police chief has not determined what the punishment

will be. >> it vindicates the open movement because it gives us a certain amount of creditability. >> reporter: still, police do not believe carrying weapons openly is a good idea. the city so far has had four shoots. >> the citizens not knowing whether or not the weapons are loaded, the individuals who may decide, i'm going to try to take that weapon from that individual. a whole different range of possibles can result in that. a victory here, but in sacramento a bill has passed the assembly and is now being debated in the state senate that would essentially ban open carry. live in east palo alto. lloyd lacuesta, ktvu news. >> an exclusive new ktvu field poll shows that californians views on abortion have not changed much in the last several years.

a majority of voters agree with the ro e versus wade outcome. and today the cap on the well at the gulf of mexico remains in place. five leaks at the broken well are small enough to be ignored. admiral alan says there is still no answer about lower than expected oil pressure inside the cap. the scientific teams from the u.s. government and bp and other industry experts and missions continue to talk about the pressure difference in the well and the sources for that that continues to be the main point of discussion.

>> also today, a bp employee who worked on the well testified that his told his boss about a hydraulic fluid leak from a critical safety device but doesn't know if federal supervisors were notified. ktvu has followed solar's military career for five years now, tonight rita williams has an update. >> reporter: the war in afghanistan is 7,400 miles away from safe gated rossmoore. but for pat solar, it's as close as a computer. >> i'm not going to put my face in sand, i want to know if she's in danger. >> reporter: he is her son.

in the seventh month of serving. we first met pat solar and kyle a short while after kyle enlisted. inspired by his grandfather. >> it was 9/11 that was our pearl harbor. >> reporter: solar hasn't just grown up in the army, he's excelled in it. the audi murphy award, the patterson award, two purple heart, two tours in iraq, now afghanistan. where he survived a lightning strike. >> you kind of go, lightning. how many lives does this guy have. >> reporter: she hopes enough lives to survive afghanistan. >> look at that. >> reporter: that's why she watched with interest what happened with interest what happened in kabul today. >> the july 2,011th date captures both our sense of

urgency and the strength of our resolve. >> reporter: and afghanistan's president giving an end date, not a start date for the troops in iraq. a date that coinsides with the end of his term. >> throughout our country by 2014. >> reporter: pat solar's son is helping train those afghan national security forces to stand up so u.s. forces can stand down. >> so how do i feel? i feel guardedly optimistic. i think that as he and his government continue to step up, that means our kids can come home knowing that they have accomplished the mission they set out for. >> reporter: but pat soler knowings all this is too late for five u.s. troops killed in afghanistan today and for their mothers. the blue stars in their windows

turned gold today, something no mother wants. in rossmoore, rita williams, ktvu news. at least 21 people were injured tonight, one critically when a united airlines jet headed toward california hit turbulent air. the bruces include bruises, whip lash, and strains. police take on activists who took an abandoned bu

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we're willing to take that property in order to provide it for those who will fix it up. police removed five homeless activists today who took over a home in san francisco last night. the group called direct action . the activists claim there are two abandoned buildings per homeless person in an francisco. about 200 drivers stayed away from their jobs today for a second straight day. the job action comes after ac transit impose add new contract

to unitat era lly changed wages. >> finally i said, look we need to give up. >> reporter: ac transit says the contract it imposed will save more than $15 million and help close a $54 million budget shortfall. an alameda county superior court judge today refused today block that contract and schedule add hearing on that matter for july 30th. bart directors are set to vote on two controversial -- the second is another attempt to fund the $5 billion plan for a link to the oakland airport. the federal government in february turned down a request for $70 million in economic stimulus fund. the new proposal calls for a mix of state fund and money from a special contingency fund. opponents maintain that buses now used to link bart with the airport work just fine. in vallejo, police were

asking for the public's help tonight in a fatal hit and run case. witnesses say 49-year-old jose garcia ruiz was struck and kill bid a speeding car designed as being white with four doors and tinted window, similar to a lexus lx100. they also said it had oversized rims and tires. anyone with information about the case is asked to call police. the marin county coroner says tonight the teenage who fell to his death off a cliff was andrew leonard hicks. family members say he had gone off the main trail for a better view. the teen was sitting at the edge of the cliff when he fell. the young man was preparing for

his senior year at henderson high school in westerfield, pennsylvania. we'll check back in with ken wayne on the very latest on the debate over marijuana growing that is under debate right now at the oakl

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temperatures have been cooling down, you can see why. this is the current fog picture showing the fog already in san francisco. there's the bay bridge, it's shooting into oakland as well. the fog is going to make a play for your neighborhood. i will a seven day forecast,

and it will include cooler daytime highs for your wednesday. we have an update now on the fierce debate that's under way right now over marijuana at the oakland council meeting. ken wayne has been live all night at that meeting and he's back now with the update. >> the meeting ended about 20 minutes ago. that just wrapped up and now the council is under going their debate. one of the big concerns here is that smaller and medium sized growers say they would be cut out out of all of this. it would not be able to continue their business. what has been cleared up somehow is that city council is indicating that one permit could be issued to a collective of grower. so small and medium sized growers could band together and

obtain one of those permits so they could continue operation. so that debate is now getting under way with the city council, it could go on for some time. we don't expect to have a decision any time soon. it could be later on tonight or they could everyone postpone it as they continue to study this real landmark legislation on licensing marijuana growing in the city of oakland. live at oakland city hall, ken wayne. during these tough times, dozens of desperate homeowners facing foreclosure have turned to outdoor consultant firms. many mortgage consultants are honest, but as ken pretty which pritchett shows us, customers of one bay area loan modifier say they suspect they were ripped off. >> reporter: a federal judge demanded that this man, ali come to court for his loan

modification business. >> fbi agents and alameda county investigators in april swarmed the offices of financial services in freemont, a business owned by ali. ktvu has obtained the search warrant which was based in part on claims that resinate built customers seeking home modifications out of hundreds of thousands. but, with that conviction on appeal, ali was free to launch resinate financial services. >> we gave him almost $4,000 and then we found out they did virtually nothing. >> reporter: george atler is sited as one of 17 resinate customers who say they paid advance feed for a loan modification they never received. >> they hold a contract in front of us, absolutely no

risk. here's our loan policy, if we cannot get you a modification, you get your money back. >> reporter: adler is suing in small court to get his money back. >> do you any you'll get your money back? >> i hope. >> reporter: paul says resinate wanted more than $8,000 to modify two home loans. he paid them more than $5,000 but demanded action on his loan modification before he paid in full. then, in december paul says resinate asked for even more money. in october, governor arnold schwarzenegger signed a law banning the use of advance fees. >> there's a lot of abuses where people were spending -- the effort was to collect the advance fee and not really get loans modified. >> reporter: ej haberer says before october when the law went into effect, it was legal for companies to charge up

front fees to modify a mortgage. but only if that company had a state license. haberer said ali received his license in september. several months after several had paid thousands of dollars in advance fees. >> if we would have known this ahead of time, we wouldn't have done business with these folks. >> reporter: an on camera interview with mr. ali or a spokesperson were denied. instead they turned us to statements they made on resonance lawsuit. even if it meant customers had to spend additional money to hire an outside attorney. resinate did obtain home loan modifications for some customers.

san jose resident mark brown was able to adjust his loan modification with resinate after paying $5,000. >> i probably would have turned and run if i knew that was the case. >> reporter: brown ultimately saved his hone. ali's attorney has advised him to shut resinate down. he told the court last week that it is not a good business for his client to be in. the alameda county d.a's investigation is expected to conclude soon. in freemont, ken pritchett, ktvu news. west virginia democrat card goodman was sworn in to the senate today to replace byrd who died last month.

goodman became the 60th vote needed to break a filibuster. that filibuster was keeping jobless claims for millions of the americans. a vote to extend benefits could now come as early as tomorrow in both the senate and the house. problems with the new iphone 4 didn't stop the apple earnings this week. that's a billion dollars more than analysts estimated. apple also recorded $3.5 million up from a quarter ago. heavy sales of mac computers led in the games. the investors shook off some early numbers and an early sell off turned to gains.

the dow ended the day up 75 points. the nasdaq picked up four. a sixth california child dies from a preventable disease as safe officials call for a new measure to stop an epidemic. unusual carry on items found at the airport in what this droid does will change how you do movies. with blockbuster on demand, this does hit films on a 4.3-inch screen so big, the way you see them will never be the same. introducing the new droid x. pre-loaded with blockbuster. the next generation of does.

when we can all breathe easier. we're fighting to make every section a smoke-free section. for a day when even vehicles quit smoking. we're fighting for clear skies over every city and healthy lungs throughout the country. the american lung association isn't just fighting for air. we're fighting for all the things that make it worth breathing. join us in the fight at fightingforair.org. a los cados man died in south carolina when the plane he was piloting crashed. the flight originated in florida. the faa says the aircraft was

built from a kit. ray bran a business faring planes from the u.s. to europe. state health officials say a sixth child has died from whopping cough this year making the need for vaccinations more urgent than ever. the contra costa county will offer free vaccination at the concord farmers market on thursday. the county had 62 cases so far this year. >> the risks of getting whooping cough are far greater than the consequences, any bad consequences of the vaccine. parents, siblings and child care workers should all get vaccines against whopping

cough. whopping cough cases are five times higher than last year. in china, authorities open the flood cage today on three dams sending water down the river. more than 700 people mostly in southern china have been killed since the rains began, mostly by flooding and mud slides. in iraq, four people were killed and others injured. the blast came hours aftera suicide bomber killed three people and injured at least 25 others in another provincial city to the north. and in mexico, customs officials say they have seized

18 monkeys that a passenger was trying to sneak on to the plane. the tiny monkeys can bring in $1,500 each. he's charged with trafficking an endangered species. he was an international icon for the world of gospel music. coming up, we'll take you to the musical celebration in tribute of walter hawkins.

woman: did you bring the camera phone? man: i did. do you wanna go first? i've been waiting for this all day. ok, this is from... aunt stacey. introducing chase quickdeposit. just photograph the front and back of your check using the chase mobile app on your iphone, and hit send. it went through. this is so cool. this is so cool. you wanna try it? yea. ok. all right. who's next? make a deposit from anywhere, anytime-- with your iphone. to mister and misses walker. why would they send my parents a check? chase what matters. ♪ song and celebration are filling the historic paramount theater in oakland tonight in a memorial for bishop walker

hawkins. hawkins died nine days ago. but tonight the concert is all about his life. jana katsuyama is live tonight with the report. >> reporter: and what a life it was, the concert just wrapped w who were here at the oakland theater, they were here tonight celebrating the gospel music of hawkins. >> reporter: the songs came from the soul. and the crowd of thousands raised their voices and hands as some of the nation's top gospel singers paid their respect to hawkins. >> hawkins was our inspiration, my entire family. the wyanans we wanted to be the hawkins. so when we sat and watched

television, whenever they came to detroit michigan for concerts we were there in awe. and we said to ourself, if they can do it, we can do it. >> reporter: forming the love gospel choir and winning a grammy award for songs such as oh happy day. but many people say bishop hawkins touched many people. >> i just think that it's an awesome opportunity, e thank god for having him in my life. >> reporter: today fans and friends lined up for hours outside the paramount theater in oakland remembering the man that touched their heart. >> he's inspired people. if there were more people like

him, life without better. >> we just hat to lift his spirit up and let him go. >> reporter: and lift bishop hawkins spirit was exactly what they did tonight. as singers lifted people 's spirits just the way the chicagoans did many years. williams and his brother recorded with the hawkins group. and family members say, tonight is just the way bishop hawkins wanted it to be. >> this is exactly what our pastor wanted. he spoke this to his family that he wanted a jubalistic celebration, he didn't want it to be sad. >> reporter: judging but the smiles on people's faces tonight.

bishop hawkins continues to lift people's spirits even in his passing. reporting live in oakland, jana katsuyama. >> and you can watch bishop hawkins funeral tomorrow on ktvu.com where we'll be streaming it. this will be the only place where you can see it. the plan four story, 75,000 square foot center will provide diagnosis, treatment and support for cancer patients. it is scheduled to open next spring. lots of cool air fillers into the inland bay valleys. i want to demonstrate the temperatures outside right now. i want you to notice sacramento at 66 degrees. last few nights it has been in

the 70s and 80s. upper mid-60, 50s around the bay. this is representative of a lot of cool air being pushed on shore by the strong winds. so we're getting a lot of push. you can see the cooler air infiltrating the valley. the valley will cool tomorrow as well and we will cool another degree or two. it is part of a cooling trend that has been with us now for a few days, it'll be the coolest day tomorrow as we move into your wednesday. temperatures on wednesday mostly in the 70s, they'll be a few low 80s. over the weekend, we were up in the upper 90s, mid-90s and has come down since then. thursday temperatures begin to warm a little bit. the morning coastal fog will be there but not as extensive. tomorrow 4:00, you know how this works. it was cool at the coast warm inland.

it's not a big spread. 6degrees tomorrow on this side of the east bay pill. that's pinol, oakland. and you pop over the hill and your temperatures are into the upper 70s. out toward pittsburgh you get some low 80s. out past mount diablo you're in oakly, mid-80s. up in the northern valley, mid- 90s, upper 90s. but it is definitely a cooler day tomorrow. a bit of a west wind. temperatures down about two to 5 degrees over what they were yesterday. firefighters, air quality management district likes this. it's a strong push of fresh air and that cleans out the a atmosphere so we don't have to be concerned with spare the air days or really bad quality. tomorrow afternoon, the sun comes out. it's a lot like today, it'll burn off a little slower tomorrow. the temperature forecast shows heat shunted back to the east. as we get the forecast

tomorrow, i'm going to show this map to you again and you will see the yellows starting to come our way. 80 in danville, 82 in livermore. i would expect more 90s on this map but not tomorrow. temperatures certainly on the mild side. fire danger down. air call real good. and just kind of a mild week ahead frank and julie with temperatures a few degrees off the average. >> i guess the trade off you would say would be the fire danger is down. >> that's right. actress lyndsey lohan went to jail today. we want to show you her booking photo. lohan started a 90 day sentence for violating the terms of her probation 2007 drunk driving conviction. this morning, the court said lohan is not allowed to leave

jail. but because of overcrowding, lyndsey will only serve two

former oakland raiders quarterback jamarcus russell pled not guilty today to a drug

charge. russell was arrested earlier this month in his home in alabama. russell is due back in court last month. the raiders cut ties with the former first draft pick earlier this month. we'll start with san francisco, sweetest victory of the year. you can't make this -- pablo sandoval with a shot that will go five bases. still in the ninth. they are trailing 5-4. bases loaded, dodgers made a big tactical mistake that you will read around in the papers tomorrow. it'll take an hour to explain.

torre unloads the based. giants are pumped they leave 6- 5. to back it up, posey continues to stab the ball. pirate's loss they are within three off the lead in the western decision. but as it turns out, boston fit to be tied then beaten. as marco scootero. the former a with a shot under the glove of davis. and the red sox build their lead. until the bottom of the tenth with two outs. kevin cusminock shot to right. clip hit with two how lates and

derrick barton ends with the gun winning run 5-4a's take it. giants and a's looking good tonight. the tour de france indeed. three straight days now a frenchman has died. although a little more to the story. lance armstrong not a contender for the over all victory. but broke out in front hoping at least for the stage victory. not to be as the champ finished sixth the over all winner is still alberto contador. meantime the fall out continues with the kwraouft of south etch california. now we have all the foul guys for all the -- meantime the fall out continues with the kwraouft of southern california. tough story. that is the sporting life for a

tuesday night. >> all right. mark, thank you. >> and that is our ♪

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