new information tonight, san francisco police tell us they have made an arrest in the shooting death of a german tourist. good evening everyone i'm frank somerville. >> and i'm maureen naylor. julie haener is off tonight. an 18-year-old is accused of firing the gun that killed a german tourist. he and his wife were taking a

walk one block from union square. >> police identified phillip stewart is a francisco resident. he's been charged in a murder that's an international incident. it was their first trip to san francisco and they were here to celebrate their wedding anniversary and her birthday. 50-year-old mick hild sawier sawyer was shot by a stray bullet. >> it marks a disturbing trend

that needs to be addressed. the challenge is, how do we address it. >> reporter: the shooting is rare in this neighborhood. it's one of several incident that is have erupted recently near nightclubs. >> everyone was running around, the shots were fired and everyone was ducking. >> reporter: two of the workers ran outside to try to help the woman who had been shot. workers say she was unable to speak and that her husband appeared to be in shock. >> i was sad that a bistandard was killed. that's not what we want to see. my staff were kind of traumatized too. >> reporter: two teenagers were also wounded in this incident. the german consulate called the shooting unfortunate. saying the couple was at the wrong place at the wrong time. police have been questioning four other teenagers in this

case but released them tonight. patti lee. a police stand off with a barricaded man in east oakland came to an end about two hours ago. the incident started around 4:30 this afternoon near 21st avenue. police say a neighbor reported a domestic disturbance but officers would not elaborate on how it started. police finally convinced him to release the children then he came out of the home at about 8:00 this evening and was taken into custody. no one was hurt in the incident. oakland's police union say their members have agreed on a contention. members of the police officers association voted overwelmingly for a deal that would require them to pay 10% of their pay

toward their pension. >> if there's no lay offs of people, it brings the 80 officers back that were laid off. it keeps the 122 that are threatened to be laid off it keeps them here for three years. a parcel tax is $350 per household. if that measure fails, the deal falls apart. a tax would raise about $54 million a year and should over oakland's deficit in the next coming year. a judge ruled today that governor arnold schwarzenegger cannot issue furlough fridays. the governor issued the new furlough order at the end of the july requiring employees

to take three days off until the budget is passed. -- those bills now move to the assembly. the governor is pushing the delay in light of the state's serious measure. opponents says the too costly at the time. the bond would pay to updates to restoration of the delta. the rule that california's proposition 8th is unconstitutional. also tonight we're learning that this issue may never reach the u.s. supreme court after all. ktvu's ken wayne live in the city tonight with our report. >> reporter: san francisco's point person says there's a real possibility that the same- sex issue may never reach the u.s. supreme court as many have predicted. it could very well end right

here at the 9th circuit of the appeals in san francisco. >> if the 9th circuit rules in favor of the city and the plaintiffs, the high court may not take the case. >> reporter: deputy city attorney terrice stewart says the marriage decision could hinge on legal standing. the defendant in the prop 8 case is the state of california. but jerry brown and arnold schwarzenegger have refused to defend prop 8. supporters may not have the legal standing to pursue the case on their hand. >> can proponents of an initiative effort act on their own and go file an appeal. the answer to that is ordinarily no. >> reporter: gay and lesbian couples anxiously await word on whether judge walker will lift his stay on the ruling and allow same-sex marriages to

resume. >> right now it's a little bit hectic not knowing the answer. it's crazy going back and forth between it being legal and not legal. >> we hope the judge will deny the stay. >> reporter: while no one but judge walker knows if he will in fact, lift the stay, the san francisco city attorney's office says it expects that decision to come at any time. >> i assume chief judge walker will decide it fairly promptly. i would imagine it will come down this week. >> reporter: if the prop eight fight dies here at the appeal's court and the u.s. supreme court never hears the case, that leaves america with a patch work of marriage laws some states allowing same-sex marriage. legal experts say that shouldn't be seen as unusual as state's already have differing laws regarding hetero sexual marriage. legislators in sacramento passed a resolution asking the irs to tax same-sex spouses and

domestic partners in the same way as married hetero sexual couples. the internal revenue service does not have those resolutions. -- following the recent relocation of the city's main bus hop. the temporary transbay terminal opened saturday between howard and fulsome. so far it's getting mixed reaction from riders. jana katsuyama reports. >> reporter: frustrated and confused, that's how some of the riders felt. >> come talk to us, let us know more about what's going on with

the bus. >> i tried to ask them a question and they didn't really help me. >> reporter: today, guys in orange shirts were handing out maps and information. >> it's been a little confusing for some people because it's brand new. you have to expect that. but we've been able to limit that to a certain point by handing out the brochures. >> reporter: officials plan to use the temporary hub until the new terminal opens in 2017. some passengers are already finding problems such as the lack of shelter. >> what if it was raining right now and all of us are waiting. this is ridiculous, there's not even a roof over here. >> reporter: other passengers found the lack of restroom facilities. >> greyhound facility does have

restaurant facilities, there are a number of merchants in the area that have restroom facility. we're asking passengers to go before they come. >> reporter: still some passengers say they like the temporary site. >> this is much more appealing than the old transbay terminal, it's nice to be outside and have some fresh air. >> reporter: there are plans to expand this temporary terminal site. on saturday, demolition crews are scheduled to start tearing down the old over pass and that will be replaced with new passenger walkways. after three months, bp engineers say they are now close to finishing drilling a relief well in the gulf of mexico. the drilling in fact, is now about 100 feet from its target the deep water horizon well. engineers say that relief well could be completed by friday. then, crews plan to pour in mud and concrete to permenantly seal the blown out well. and estimated 207 million-

gallons of oil spilled after an explosion destroyed the oil rig and killed 11 workers. former vice president dick cheney was releaseed from the hospital today following heart surgery last month. cheney had a tiny pump installed because of congestive heart failure. the doctor says that his heart is weak and cannot pump blood where needed. he has said the new pump will allow him to resume an active life. a bay area woman accused with having sex with underaged boy appeared in court. what happened today when she heard the charges against her. a massive

the livermore woman accused of having sex with two underaged teenage boys faces a judge for the first time today. christine hubbs a 43-year-old mother of three cried today in the courtroom as she heard the charges she faces. hobbs engaged in sex with a 14- year-old and a 15-year-old, one of whom had dated her daughter. >> to respect the privacy of the family so that they are not hounded, okay. there's press outside of their house every day.

there's children, mr. hobbs, just leave them alone. >> hobbs is being held on $5.3 million in jail. she did not enter a plea and is due back in court on monday. 38-year-old st. nick stanley was found shot to death yesterday afternoon inside a truck in the parking lot of the deluxe inn in solano. he was the second man found dead inside a vehicle. he is the city's seventh homicide victim so far this year. no arrests have been made in either case. the tough work of drilling a fourth bore for the culdecut tunnel started today, if all goes right traffic could be flowing within four years bringing relief to hundreds of commuters that use the cardecut.

>> reporter: this massive arbor started tearing the beginning of the tunnel. a third tunnel was built in the 1960s. the original tunnel was created in the depth of the recession to create jobs. >> one of the really tough times in california in the bay area redid things like rebuild the eastern span of the bay bridge. >> reporter: almost half the funding of the project came from the american recovery act stimulus. >> this tunnel is the second largest recovery act highway project in the nation. >> reporter: projects for the tunnel were finalized long ago, but the federal government wanted it shovel ready. that's why federal funding was quickly approved. all told it's going to take 18

months to finish this tunnel. the tunnel will open sometime in 2014. >> once this opens, all the restaurants and theater on both sides, all our cultural activities on both sides, all of them will be so happy. >> reporter: barring major complications, early 2019. political science professor tumin was meeting and greeting folks and laying his vision for oakland's future. tumin says he wants to make oakland a different city. >> where crime is no longer an issue, public education is a reason that people move here not move away. and where jobs and development create a climate here where people in oakland have meaningful employment.

>> reporter: and tumin is in a crowded field of runners. the race for united states senate seat here in california may be more important than most californians realize. boxer is being challenged by fiorina. a fiorina victory is critical for her party's chances to get ahold of the senate. >> reporter: democrats control congress too, but analysts say that could change this year, republicans seem to have a chance of winning control of the house and maybe even the senate. >> the republicans are upset right now, they are upset because of the jobs and the state of the economy. we all know that the economy drives a lot of the voting when they are really angry about the economy, they plan to vote the

current party out. >> reporter: if fiorina wins it would become harder for president obama to get things done. >> if there's a lot more republican senators and somebody like carli fiorina, that's going to make it hard for republicans to get by any filibuster. >> reporter: so far, fiorina has agreed to only one debate sponsored by ktvu. the debate will be carried live at 7:00 p.m. on wednesday september 1st. >> most of the questions will be asked by a panel of four journalists. we're also looking for your input, questions for voters. what would you ask senator boxer and fiorina. >> what's going to happen with the housing market in the country. >> i asked fiorina what does she plan to do with the state

after what she did to hewlett packered. >> what is next for us here. >> to reduce tacks, pure and simple. >> reporter: if you would like to ask a question you can find out how by logging on to our website ktvu.com and then go to the right now section. randy shandobil, ktvu news. the fog has been increasing over the past two to three hours. here's a look at the overnight lows, most of the areas in the low to mid-50s, cool spot, you can see napa around 40 degrees. we're starting with a solid blank of overcast. you can see temperatures tomorrow morning at 7:00, as we did take this into mid-morning by 7:00. you can see clouds pulling back to near the bay. clearing fog inland, some patchy fog right around 52 degrees. and the coast mainly in the mid- 50s. this with ther system has been keeping the bay area in the

cool side over the past six weeks. we'll have an impact on the temperatures, your full forecast coming up next. the u.s. geological survey says the quake hit at 5:00 p.m. the quake measured 3.9 in magnitude and was on the san andres fault. no reports tonight of damage or injuries. major news tonight of a new auto recall. it affects hundreds o

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san francisco got started today in installing more bike lanes. some lanes are just a few blocks long, others will go on long stretches. major gavin newsom and bicyclist activisted helped open the new lanes. >> we see a 50% increase in the utilization of bicycles when we pave or rather -- and we should pave as we stripe these new bike lanes. not all san franciscans welcomed the new bike lanes. honda is recalling vehicles because of a problem with the ignition switch. the 2003 accord, civic and 2003 and 2004 element.

honda told the national highway safety administration the key could be removed without having to shift to park. gates said he plans to close the joint forces command center in norfolk virginia where some 5,000 people work. the plan is already meeting with resistant by lawmakers in congress who are from virginia. gates announcement is the first step in cutting $100 billion over the next five years to help make up for the costs of two wars and to prepare for the next one. we're learning more tonight about a change of venue motion filed by the attorneys representing yuseff bay the ii and two defendants. the motion filed last week was made public today. it seeks to move the case out

of the bay country. bay is the leader of the muslim bakery. alameda county prosecutors today called the motion premature. >> in sacramento, a bill banning the possession of cell phones by prison inmates is heading to the governor's desk. violators would face a $5,000 fine. all prisons have cracked down on cell phone possessions, it is not currently illegal. a campaign to make the pinnacle's national monument the new landmark is in session. it would convert the area into a national park. the pinnacles are located about 80 miles south of the bay area. they can attack hundreds of

different plants and vegetables, up next, crews take on a dangerous pest in the south bay. >> we need to find hasa our real national pastime? saving money. and like baseball people love their stats. i started bringing my lunch to work -- 50 bucks a week in my pocket. here's a good one: state farm insures 40 million drivers. more than geico and progressive combined. i saved because i'm accident-free. of course, with so many ways to save including discounts of up to 40%, having that many customers shouldn't be a surprise. so ask a neighbor about state farm, then call an agent at 1-800-state-farm or go online.

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the bay area cool down continues in walnut creek for tomorrow you can expect clearing skies, ultimately mostly sunny into the afternoon hours. 7:00 on the cool side, 65. a forecast high of 78 degrees. catch it now before it has a chance to spread, that's the motto in milpedas tonight where

spraying has begun to stop the fruit flies. >> reporter: two oriental fruit flies were found in this area last night. this is a fest that can destroy 230 fruits and vegetables. now the eradicate -- era dication effort is now under way. >> once it's applied to it stays put. it's not airborne. >> reporter: officials say this is a tried and true method that has been used for years, with no adverse effect for humans but deadly for the flies. >> the majority of the fruit fly population are attracted to

the scent. so they eat it and die, there's no reproduction. >> reporter: the treatments will continue for every two weeks into october. >> of course you're concerned about what type of chemicals they use and how these chemicals affect humans. >> i never heard anything chemicals for the fruit flies. this same erratication is currently under way. officials expect the fruit fly entered the state through a fruit shipment. >> there was likely a commercial shipment entered and was shipped throughout the state. >> reporter: expensive trapping

will determine if the eratication is working. if more are found, a quarantine would be put in place, where no fruits or vegetables can leave the area. the last known franciscan manzanita was discovered. the manzanita is now in a protected location, clippings were taken in hopes of restoring the species. go ahead from voters to restore school funds will be under way tomorrow. the board plans to appoint a bond oversite economy, approve the issuing of bonds and give contra costa county permission to start taxing homeowners.

measure c is a $148 million facilities bond to fund the upgrading of schools and classrooms. one year ago tomorrow, a little boy from the east bay vanished. hasani campbell was five years old at the time. he had cerebral palsy. the search for hasanni has not stopped, even though he has vanished from the memory of many. >> reporter: not knowing if the little boy is dead or alive, miller is talking about lasanni campbell. miller was busy printing shirts and reward fliers for a prayer vigil tomorrow. >> reporter: a year ago last year, hasani's stepfather told police that he briefly left him

in the car where hasani's foster mother and aunt worked. ross said when he returned, the boy who has cerebral palsy was gone. no witnesses saw hasani there or have seen him since. about three weeks after the disappearance, police arrested the foster parents as murder suspects but released them three days later for lack of evidence. they've now reportedly split up and moved out of state. >> we need justice, we need to find hasani's body and we need justice for him. >> reporter: that's why iliza aguilerra agreed to hold a fundraiser at her salon to help. >> because i know how it feels.

>> reporter: aguil era's daughter was kidnapped and killed. and her killer has been sentenced. >> because i'm ready to go out and help. >> i don't even who that is. >> who's that? >> reporter: if he's still alive,hasani campbell will turn 8 years old next month. redwood chapel in castro valley held its 11th annual night of honor for bay area police, firefighters and first aid personnel. >> we value the men and women and their families who give up sacraficially for this community. we want to thank them for that as well. today august 9th is the

international day of indigenous people. in san francisco, it was marked by a traditional dance by some of the bay area's indigenous people. on august 9, 1992, the united nations panned the first working group on indigenous people. its was meant to establish ways to celebrate their various cultures and contributions. fears flames in los angeles, what helped firefighters attack this fire. a bizarre incident on an airliner, why a flight attendant was arrested after bolting from the flight. would you pay money to buy your dog a pink cadillacú

a brush fire burned five acres today in griffin park. the fire started just before 5:00 this evening. winds at the time were light making it easier for firefighters too get a handle on the flame. no structure was damaged and the cause is still not known. new york city police arrested a jet blue flight attendant after he got into an argument with a passenger and escaped down an emergency slide. after the jet blue flight landed at jfk airport today. officials say flight attendant steven slater. authorities say he grabbed a beer, activated the slide and got away. slater was arrested at his home. in news of the world tonight in china, more than 300

people are dead, 1,100 more are missing in a north-western province. more rain is in the forecast. in russia, a top health official said today the number of people who died in moscow has doubled in the last six days. choking smog from wildfires and a dangerous heat wave are blamed for 700 death as day. funeral homes say they can't keep up. concentrations of carbon monoxide are between three and seven times higher than are considered safe. in brazil, a british man ran into the atlantic ocean today after walking the entire lenght of the amazon river. it's a trip that took 859 days. more most of it he was

accompanied by a peruvian forest officer. in an effort to influence the debate in congress, today verizon and google announced a plan for internet neutrality. providers would be prevented from slowing, lockingover charging to prioritize. today was the first day of trading day for hp since his its ceo resigned. hp stock dropped $3.38 today closing at $43.62. this is close to the company's

52 week low. contra costa county says limiting the use of county vehicles has saved hundreds of thousands of dollars. the county president says the county fleet traveled 2.3 million fewer miles in the past fiscal year. based on an average of gas at an average of $3 a gallon. vehicles are now serviced every six months or 6,000 miles. they are earth's biggest mammals but very mysterious. what scientists are

mountain view google is considering spending 50 to $75,000 for a program called zamboo. >> reporter: it's acquisitions show some interest. you know why, it is a big booming business that already has generated $100 million in the sale of virtual goods. this has social gaming circa 2005. today, it's about creating new worlds, self-expression and a way to interact with friends. >> at the end of the day i feel like we're creating a contacts for social interactions between friends. which is really i think what friendships are based on. >> dan fiden works for play

fish, a company that was acquired for $275 million last year by electronics art, a lot of dough for games that are free on facebook. the value comes from selling virtual goods for real money. >> this costs 10 plate fish cash which is about $2. >> if somebody buys you a fish for your aquarium or a flower for your farm, it's all virtual, i don't know, it doesn't seem like a good way to spend your money. >> but millions of facebook users are avid players and the games are expected to grow. >> it's projected to do two to three times in 2010 and beyond. >> i buy a lot of house decorations for my friends. >> reporter: mercy hall a friend designer says playing

first-degree goods allows players to customize their game. the social gaming space could get even bigger later this year when google is expected to launch google games. reporting live in san francisco, patti lee. skype is going public with the hope of reducing red ink. it's initial public offering could reduce $100 million. it is partly owned by ebay in san jose. skype claims to have 160 million users and recently announced a deal with verizon. stocks closed moderately higher in stocks trading. many investors are waiting to hear from the federal reserve tomorrow hoping it will commit to measures to stimulate the economy. the dow rose 45 points today to close at 10,698. the nasdaq gained 17 points. researchers in the bay area

have discovered something remarkable about blue whales. that is one of the some 4,000 recordings of male blue whales. all of the calls were the same and synchronized like clock work. >> it's 126 seconds plus or minus about five seconds. why in the world would they do this? we don't know. >> another mystery, the blue whale's call is in the key of c. years ago it was in the key of e. scientists still don't know what the whales may be saying to each other. major changes to the bay area. finally a few changes by the weekend, right now in the short term we're still tracking the low clouds and fog. in fact, with closer inspection

of the clouds out toward oakland, san leandro. the cloud deck will continue to be on the increase. as far as highs for today, kwroáu you can see the range right about 50. warmest locations inland managed to warm back up into the lower 80s. morgan hilltopped out at 83. you can see the increase of clouds and fog earlier this evening. still sticking with this theme. warm temperatures inland. pretty much your same pattern for your tuesday, then temperatures will begin to warm up, and especially by the second half of the weekend the temperatures will begin ranging back into the 90s. as we head into the weekend, this will gradually move to the east and this will warm up some of the state. for tomorrow, we still have

patchy fog out there. for the coast right around the bay, partly cloudy skies and breezy. temperatures once again in the upper 70s, maybe approaching the 80 degrees mark. first thing tomorrow morning, definitely bundle up with some areas of fog and drizzle. those temperatures on the cool side. once again in the low to mid- 50s. by 3:00, you will see clouds pulling into the shoreline. there's the eventual temperature range with a chilly 58. warmest locations inland toward concord and antioch around 78 to 83. fairfield still breezy around 15 to 20 miles per hour. temperatures inland and mid- to upper 70s, oakland 67 degrees. morgan hill 79. half-moon bay in the upper 50s. here is a look ahead, your five day forecast wednesday pretty

much the same deal. look what happens with the temperature trend, we are warming up. just a bump of the temperatures, primarily away from the coast we will continue to warm up. we might turning on the heater once again. >> i've done that a few mornings the first couple of weeks or so. nasa says it has a new plan to repair the failed cooling system on the international space station. nasa says astronauts will make the second of three space walks on wednesday as they attempt to replace the fuel pump. and yesterday's eight hour space walk came short of removing the pump. own wednesday, astronauts will try to isolate the ammonia and remove the old pump. the new pump would then be installed on a third space walk. if the sky is clear, the bay area will be treated to a celestial show. this year there will be a

crescent moon which won't create a lot of light so viewing should be good. the best places to watch are away from city lights where you away from city lights where you can 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. ♪

as of today, certain fast food restaurants in unincorporated santa clara county can no longer give away toys with kids meals if those meals have more than 485- calories and 600-milligrams of sodium. some parents complain it infringes on their right. the winersnitzel restaurant changed their sign to reflect the new rules. and the giant's in extra innings. >> a little voice in my ear just told me the giants won. they've scored a total of 13 runs total. not a great time to have the offense completely dry up but they're grinding through it on jerry garcia bobble head night. you're not tied, you're tie die

when it is jerry garcia bobble head night. trailing 2-0 until buster posie comes through. a double and rbi, they scored another on the wild pitch to get to 2-2. and the tieing run 3-3 and you have to check this out as in the 10th inning. look how close the giants come to winning the ball game. it's travis ichicowa rounding the third, heading home on the double to torre but he is out. and the double with burrell sacrifice fly. giants a game and a half out. i don't think it's ever to play a team right after they fire their manager. they always seem to win when the new guy takes over. such the case in seattle

tonight. mariners fired don wacamatzu the mariners response, thanking gutierrez for the base hit. two on, nobody out. mark ellis at the base for the play. and it's around the horn triple play. or not because the replay showed that ellis was really safe and he gives the umpire an ear full. didn't get ejected but the a's wind up on the shore 3-1. tell you what, no messing around with the 49ers with their top draft choices, they will learn under fire. on the job training to begin sunday in the season opener against the colts. coach singletary has seen enough of anthony davis and ayup ati and he likes the view. both are starting, both have impressed since day one

obviously to get the nod this early. first glimpse of the nfl season yesterday. jerry rice on the sideline with his old buddy t.o. as teammates. he and terrell owens were never terribly great buddies, but when they were interviewed yesterday, t.o. was playing nice. >> i feel very fortunate to have played with him, to become friends with him on and off the football field. a lot of things i've done throughout my career, when he left san francisco, i was kind of the guy to fill his shoes, if that was possible. >> it wasn't possible. he didn't fill his shoes. but he was good. that's the sporting life for a monday night. he was good, jerry rice a whole different level. a whole different level.

>> you can sear see jerry is in the yellow jacket. >> he deserves it. >> that