a gun controversy stirring controversy in the bay area tonight as it tests the constitution's bill of right. good evening everybody i'm frank somerville. >> and i'm julie haener. now an ad for trying a woman with a shotgun is popping up in bus shelters all around town. debra villalon is live now with

what is behind the reversal. >> reporter: here's the poster, an armed woman is breaking through your front door, can you afford to be unarmed? the ad is publicizing a gun conference but it's also taking aim at nummi policy. nummi passengers may not pay much attention on the posters plastered on buses and lining the rails and roads, but gun rights groups did notice. when this ad for the summer comedy the other guys was altered to remove the guns from the actors hands. and replace them with pepper spray and police badges. that provoked gun advocates to set their sites on nummi's gun ban with their own poster. >> well obviously a government should not kill speech. and we believe that had they rejected our posters they would

be doing just that. >> we were absolutely prepared to litigate the issue. >> many people around the country may think public transportation may not be a safe place. >> reporter: it accepted this ad against it's own policy because it would have been sued if it didn't. and with the recent supreme court ruling that the second amendment overrides local law. >> we're not making determination of local law at this point, we're reviewing policy because we want to make sure that it's in line with what the supreme court decided a few months ago. >> nummi riders seemed less troubled with the imagine than the suggestion that citizens are under siege. >> the thing that bothers me more about the poster is the brazen politics of it. like you know, fear for your safety type stuff. >> i think i see guns plenty like in movies, i think this addresses like a legitimate concern. so i guess it really doesn't

irk me too much. >> reporter: so the posters stay, possibly opening the doors to many others like them. nummi riders are more concerned about guns on their system, than those on posters. we have new information about the death of a man at a w hotel. the body of hughes was found near a dumpster. an autopsy revealed he died of a single gunshot to the head. gunshots were reported near by, so far police have not made any arrests. the city council in richmond is meeting right now to decide the fate of three schools on a school closure list. kennedy high, grant elementary and olinda elementary could close at the ends of the year

unless funds are allocated to keep them open. amber lee is live with our report. >> reporter: inside richmond city hall behind me, city council members and the mayor are expected to vote on school closures sometime within the next hour to hour and a half. before they went into a meeting, officials told me it appears there are enough votes to keep the schools open. grant elementary is one of the schools on the closing list. officials admitted that grant needs a facelift. it serves 500 students most of them immigrant families. one teacher says closing grant would leave a hole in the community. >> it's just a huge, huge plot of land and it's just going to be empty. i think it's going to cause problems in the immediate community. >> reporter: teachers say 100% of the children rely on the free lunch program. grant also provides after school programs to help children with their home work and keep them off the streets. >> well i feel kind of disturbed by it because both of my daughters they go to the

schools that's been closed and that's going to create an inconvenience, because where are my children going to learn. it's walking distance. if they have to go way across town, how are they going to be able to walk to school. >> reporter: it would cost the city $1.5 million to keep all three schools open. but supporters say richmond has the funds after receiving $14 million in a utility tax settlement with chevron. >> it's evidence that closing schools, it's not just inconvenience, it's a matter that affecting kids education in a major way. >> reporter: but nathaniel bates says the city is in crucial need of other services. still he says he will vote to keep schools operating on one condition. >> i don't want the school district to be miss interpreted that we're going to be an atm machine for them. and all of their future financial problems. right now the city council

is listening to public comment before voting. we will bring you the results as soon as they become available. reporting live at richmond city hall, amber lee, ktvu channel 2 news. also in richmond, the police department is hiring new officers at a time when other bay area police forces are having to trim their force. richmond hired six new officers and they were sworn in today. three of them had been with the vallejo police department which had seen lay offs in recent years. the new officers will undergo two additional weeks of training and orientation before they hit the streets. hewellet packerd said no so fast to hurd after he was hired by oracle. hp says hurd can violate a

confidentiality agreement. the nasdaq dropped 24, the dow dropped 107. crews plan to return tomorrow for a sixth straight day to a landful in pittsburg. they say they want to give the man's family some answers. sales vanished a little less than a week ago after his father was killed. and police believe fed rick sales may be the fifth victim . the chp says that during the chase tran was alive and on the

phone with a friend and that tran could be heard pleading with valdemoro pleading him not to hurt her. ktvu's rita williams reports. >> reporter: at his arraignment in an oakland courthouse this afternoon, suspected police shooting andrew barrientos saw a sea of blue. 75 off duty officers crowded into the courtroom.

barrientos attorney said the defendant did not know young dressed in plain clothes was a police officer. >> whether this turns out to be an intentional shooting of a police or a tragic misunderstanding on the streets of oakland remains to be seen. >> reporter: freemont's chief says that officers yelled police before the shooting. >> we want to make sure the system works the way it's designed to work. >> reporter: the chief says officer todd young is expected to remain hospitalized at least another month. >> it's serious but stable. but a hell of a lot better than it was last week. >> our deepest best wishes go out to officer young and his family during his recovery. >> reporter: police say officer's young has required so much drug they've had to transfuse all the blood on his body ten times over. >> i'm here to help the officer that was shot. >> reporter: to meet the need

and to honor him, donors have increased 50%. >> he was doing his job and defending all of us, and i don't know, i feel like the least i can do is give a pint of blood. >> reporter: the people here at the red cross center say that they hope that now new and infrequent donors know how easy it is, they'll be here every eight weeks to give the gift of life. in oakland, rita williams, ktvu channel 2 news. the man police say was driving a car andrew barrientos was in when he was arrested was also in court today. 23-year-old gustavo silva was charged as accessory after the fact. he has a previous conviction for crude acts against a child. both men are expected to

entered a plea september 27th. police are searching for an arsonist. and a big change in temperatures, how another change will affect temperatures tomorrow. the forecast in ten minutes. what sparked an angry protest overseas, how wash

in colorado, the toll from

a wildfire is burning tonight with 22 structures burned so far. the fire is about 5 miles outside of boulder, it started yesterday and it's still out of control tonight. so far it's covered more than 7,000 acres or 11 square miles an 3,300 people have had to evacuate. here in the bay area, a string of arsons in recent months has officials in sunny vale looking for a firebug. they want to catch him before someone gets hurt. the fires are taking place in the areas east of fair oaks avenue. tonight we discovered a potential clue in the case. lloyd lacuesta has our report. >> reporter: the fires have been happening in this neighborhood since early may, 15 in all. but the very latest one happened a week ago. a pickup truck was torched with an unsuspected man sleeping inside, tonight we found a neighbor who unwittingly

captured the event on his home surveillance camera. >> you are right. >> reporter: nelson vallanuevo lives across the street from the fire. he has a camera because of previous vandalism. when we looked at the tape, the fire was clearly visible. but just before it starts, there's a shadow of a man bending down by the tire. then he runs away. there were five fires of debris, dumpsters and cars. >> i park the car inside. >> reporter: the man sleeping in the truck's cab had to be rescued other wise he would have been engulfed in flames. >> fortunately for him the officers were on the scene and were able to rescue him before he was covered in flames. >> reporter: this is a sketch of a man firefighters say they

saw running from the truck fire that night. he's described as latino, 19 to 20 years old, 5'8" tall to 6'tall about 108 pounds. >> he needs to be caught. fire is nothing to play with. >> reporter: the fires have occurred in clusters. they urge anyone with information to give them a call as this case is top priority. live in sunny vale, lloyd lacuesta. >> we're posting that police sketch on ktvu.com. to get a good look go to the web link section from our home page. the men were protecting one of their commanders during a visit to an iraqi army base north of baghdad. an iraqi soldier opened fire on them. nine of the u.s. troops were

wounded. even after the official ending of the combat mission, americans are obviously still in danger. a u.s. major general called today's incident a tragic and cowardly act. pressure is mounting tonight on the evangelical pasture of a small church who plans to burn koran's on september 11th. the white house and the commander of u.s. forces say burning the koran could enflame anti american passions and could endanger soldiers overseas. >> i am heartened by the clear unequivocal condemnation of

this act. >> about 500 angry muslims muslims demonstrated in kabul, afghanistan. jones says he may change his mind and is praying about it. a new poll shows barbara boxer and republican challenger carly fiorina is neck and neck. still fiorina has taken some positions that are unpopular among many californians voters. positions that boxer tried to exploit today. randy shandobil reports. >> reporter: knows that voters seem poised to punish democrat, today senator barbara boxer focused on an issue she thinks works to her advantage, clean energy. >> it's never been possible

before. >> reporter: she toured solosime a south san francisco company that turns algae into cleaning burning fuel. >> this is basically a powdered healthy oil. >> reporter: senator boxer praised 4022, california anti global legislation and they criticized a new ballot initiative that would suspend ab32 in a claim that it's chasing jobs out of the state. that is called proposition 17. >> there's no debate as to who wants to overturn this law. it's big texas oil. it's big coal. >> reporter: boxers opponent in the senate race republican fiorina also wants to suspend ab32. >> so she has embraced big oil, big coal and a proposition that's going to really hurt our state economically.

>> reporter: surveys show that most californians including californians other senator agree anti global warming legislation is good for the state. >> i think it's pivotal, i think it's important. >> reporter: most polls show fiorina and boxer essentially in a dead heat. despite fiorina's strong showing in the polls, she's still bucking political history here in california. candidates holding some of her positions almost always lose here. she is anti abortion rights and is open to oil drilling off the california coast. not since 1988 has any candidate for president, governor or senator want to race in california supporting either of those positions. political editor randy shandobil, ktvu news. fiorina returned today from a trip and had no comments.

fiorina's campaign issued a statement to ktvu news staying boxer supporting the growth and greed of government while making it harder for hard working people to achieve the american dream. and the clouds have increased tonight and tomorrow morning. we're looking for a good opportunity for drizzle along the coast. more clouds tomorrow, a cooler weather pattern, certainly. tomorrow even than we saw today. today's temperatures down 20 degrees in some places over yesterday. it's all because of this frontal system. it's weak for this time of year but it's getting close to our area. we have a chance of drizzle and maybe even a sprinkle in our forecast. the main impact for all of us, cooler. the main drizzle event will be in the hills above san mateo. the forecast highs tomorrow. look at how cool they are. it's going to cool a little bit more tomorrow. i'll tell you the spots that will be the coolest, i'll see

you back here. after losing badly to whitman, steve poizner is supporting her previous opponent. whitman says there's no plan for joint appearances so far. nearly one dozen houses our real national pastime?

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high winds and town power lined tonight are blamed for several structures burned today. 38,000 homes and business were without power this evening.

the power may not be restored until thursday. the sheer number of fires has stretched firefighters to the limit. so far no injuries have been reported. back here in the northern california, firefighters are battling a wildfire in a remote area of humble county. it's called the buckeye fire and it's burning in steep terrain near the town of petrolia. so far officials say it's charred 350 acres since it started early yesterday morning. one outbuilding has been destroyed. there's no word on what caused the fire or when it might be contained. the forecast is calling for showers tomorrow and that could really help firefighters. a key vote is scheduled to come out tomorrow for tram. several groups are opposed to it saying the price tag is too high. >> we're talking about $3 million for a little three mile cable car that takes you to a parking lot. >> reporter: they argue that

bus express lanes would be far cheaper. tomorrow a metropolitan committee will vote. a new study of noise levels on bart indicates that in some spots the noise could potentially hurt passengers hearing. the san francisco chronicle reports that their study shows that the noise hits 90-disable. one would have to be exposed to that noise level for hours before it would do any damage. >> i see people that have those head phones, noise canceling head phones. >> reporter: bart also

periodically grinds its rails for safety which helps reduce noise and bart points out that few passengers ride the system for more than 30 minutes at a time. a judge declared a mistrial this afternoon in the shooting. jurors said they were dead locked 1-3 in favor of a not guilty verdict for second degree murder. the defense had argued molina was in an altered state of consciousness at the time. the alameda county district attorney's office says it is dropping its investigation of an east bay city councilwoman, the da will not refer the case of alameda councilwoman lena tam for violating the brown

act. she has been cleared on charges that she leaked secret information. an oil spill in a north bay river, what we've uncovered about the company behind it. plus the action taken today that will affect the fishermen on shore and on boats. international tourists and more money are coming to san francisco, but it's not all ú lunchtime is just 63 degrees.

maybe some drizzle in the morning hours, 69 degrees for a daytime high in san jose. that is your san jose forecast. we are following developing news right now out of los angeles where a tai air ways flight landed safely following a bomb threat. the fbi says the written threat was found in a bathroom on the plane when it was just 45 minutes away from arrival at l.a.x. upon landing, the jet taxied to a remote area where the passengers and crew members got off safely. the plane is being searched. we've uncovered new information tonight about an old thug boat that leaked hundreds of gallons of oil into

a river. as ktvu's jana katsuyama report, we found no evidence that the company applied to have docked the oil. >> reporter: booms picked up oil, those were put in place yesterday to stop the spilled oil from reaching san pablo bay. at noon today the department of fish and game closed part of the petaluma river to fishing. >> there's no fishing from the shore or from a boat in the area designated from pay run street bridge to the highway 101 over crossing. >> reporter: yesterday's 2.5- mile oil sheen has cleared up. but what isn't clear is how this happened in the first place. today we investigated the alameda salvage company.

we talked with petaluma fire chief who says atop's owner mr. kim sue said he brought the boat here thursday to salvage for scrap metal. >> it would have been required on approval to have a permit and would have been required to have a city business license. >> reporter: the fire chief tells us there's no record of atop applying for a permit or license and no way fire officials would have issued a permit for this operation. >> we would have paper work on file with an approval and the operator would have a copy of that approval as well. >> at this point there's no record of that? >> there's no record, no. >> reporter: we went to atop listed address, but when we arrived we found this. an apartment building, with a room number instead of a business suite. so far no one from atop has returned our calls. the company is paying for the clean up which could take weeks to finish. officials say when this investigation is complete, atop

prc could be facing fines or even criminal charges. reporting from petaluma, jana katsuyama. and the effort to -- the idea is the the draw shore birds and native animals. viewing platforms have been set up for the public. the price tag is $300 million. medical marijuana dispensaries in san jose are closely running ads in sacramento. >> it changed my life to the point that i can get on with my day-to-day routine. >> it's believed to be the first ad in the nation to

advertise a dispensary. >> i think it does a great job of showing faces of real patients to a real public that needs to be more educated about what medical cannabis is all about. >> some anti drug abuse supporters are concerned that the ads will send a negative message. the judge called the government's prediction of widespread harm to patients, researchers and taxpayers a parade of horribles. he said that's because a 1996 law prohibits the use of taxpayer money for work that destroyed human embryos. despite economic challenges, the bay area

remains an attractive destination for tourists. san francisco's destination bureau says tourism is down. >> reporter: people are coming to san francisco, they are just doing it on a tighter budget. that means taking advantage of the free attractions like a stroll through fisherman's ward or in some cases taking photos of and looking at the seafood instead of spending money and eating it. huddling by the fire and enjoying a beer. >> this is obviously the place to be. >> reporter: while his vacation budget is not at the top of his mind. >> you always look for a deal no matter where you go. >> reporter: that's not a surprise to the owner of wipe out bar and grill. upstairs the fog house.

>> more of an upscale seafood. >> reporter: they attract different clientele but the owner is noticing a trend. >> they are spending less money. >> the trend that we don't like so much is the fact that they are still not spending as much as they did two years ago. >> reporter: tourists are spending 15 to 20% less than they did before the recess. i doesn't cost anything to snap a photo. >> here's 10 things to do for $20 or less. >> reporter: tourism is up about 11% from this time last year. sfo added three new international carriers this year. >> we saved money for this trip, the whole year. >> reporter: this couple is visiting from amsterdam. they say the, euro exchange rate gives them more money for their buck. >> we're going to eat

something, that is $20. in euros it's like 12 euros. >> reporter: and the goal is to showcase the city and attract even more international travelers in the future. live in san francisco, allie rasmus. he grabbed a beer and stormed off the plane. the charges a

a group representing the victims of clergy abuse rallied in front of a church to put pressure on a priest who is currently being held in the santa rita jail pending extra diction to ireland. they say the pope should not have appointed the priest to a church. even though they say they expect bishop mcenroy will cooperate. >> we also want to urge the new bi bishop to help us to find out more about this man. the jet blue flight

attendant who was arrested last week has agreed to undergo a mental health evaluation that could help him avoid jail time. in news of the world tonight, in south korea, the second typhoon brought strong winds and a lot of wind. nine boats that were tied today to ride the storm were destroyed. the typhoon is now headed toward japan. in france, a proposal to raise the retirement aid triggered protests and strikes in over 200 cities today. it's estimated more than 900 people took part. the government wants people to wait until 62 to retire because the pension system is in financial trouble. the current retirement age is

60. in portugal, police have seized 200 pieces of art. the art works are forgeries. police say some had been sold as originals at prices to match. others were registered for upcoming auctions. this is believed to be one of the biggest seizures of fake art any where. and governor arnold schwarzenegger -- as he downed the eggs, someone asked arnold schwarzenegger his cholesterol level. his reply, 136. quite acceptable. it's the kind of mistake that might happen to anyone but in this case, it

supervisors in san francisco were supposed to meet today, it was an important issue on their agenda. instead of voting, the entire meeting was cancelled as quickly as it began. and the reason why is because of something that almost never happens. david stevenson has our report. >> reporter: the san francisco board of supervisors first meeting after a recess was over just seconds before it started. >> mr. president, i want to apologize -- >> today was a very important day, this was not a very good day for the clerk's office to fail. >> reporter: the board had a full slate of issues awaiting

it and the sudden cancellation caused confusion. >> i can hardly believe it. >> reporter: supervisors were said to hear arguments on this chain bar's effort to open new locations. >> we're going to come back next weekend to talk about our thoughts and concerns. >> we were hoping to vote today but we will get this thing passed. >> obviously we'll take these agenda items and have a very long meeting next week. >> reporter: it'll be business as usual next week. >> the city and count city of san san francisco is going to continue to function just fine without the board meeting this tuesday. >> reporter: they opted to carry all business over to next

tuesday. in san francisco, david stevenson. the oakland's a's may not be ready to move but they have hired an architect. major reed said it was a good first step. >> once you have an architect on hand, it's one step closer to getting built. >> reporter: the a's are in negotiations to buy enough land downtown for a ballpark. the a's must first get approval from nba and there's no word if the a's will get that approval. to get another peak look for the slide shows tax. the sun in texas is drying

out after a tropical storm dumped rain. at least 22 roads had to be closed because of flooding. the storm made land fall late yesterday in northern mexico then marched north ward to inundate texas. and we're not going to see rain from this but drizzle certainly a possibility in the next few hours. let's go to live storm t racker 2. i'll show you what i'm tracking. as it moves south we're going to move in this direction. the forecast, the main forecast is for cooling and that's because that's what most of us will notice from this. the drizzle is a real possibility. it could happen in your neighborhood. but the thing that will impact your day will be the continued

cooling trend. today we dropped 20 degrees in some places. tomorrow, we drop another 5 degrees in other places. forecast highs tomorrow, look in the valley, no 90s. really, no 80s, just 70s around the bay, 60s and 50s. that looks like late october to me. not early september. so we have a very cool day in store for you tomorrow. temperatures will trend up after that. will the drizzle trend up your morning commute? shouldn't be that much of a big deal. as we move through your microclimates for your wednesday, low 60s, cloudy, partically cloudy, breezy in the afternoon. those are the daytime highs. and here are the hot spots where you might expect 90s. two days ago it was 95 degrees.

we were looking at 24 degrees. 70 in napa. good air quality. fire danger, down. moist air. 70 in danville. 70 in walnut creek. these inland valleys you might see a little drizzle but the next shot for drizzle will be at the coastline, the san mateo coastline across skyline boulevard. up above pacifica, half-moon bay, boulder creek as that moisture comes in in the next six to eight to 12 hours. good chance for some drizzle. measurable? yeah, maybe. you might get up to .1 of an inch. but the main impact just cooler than we've opinion seeing. and then warmer as we head into the weekend. not a heat wave but warmer. in san leandro, homeowners have on alert. this evening a large number of residents went to a crime watch

meeting to hear from police and others on what they can do to keep their home safe. one speaker said he was encouraged that so many people are concerned about preventing crime. police beating victim rodney king is now engaged to one of the jurors. the woman was part of jury that awarded king $3.8 million in 1994. king and cynthia kelly said they fell in love a day after the jury award. kelly was the strongest voice on

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.

attorneys presented opening statements in a trial of a man accused of harassing his exofficial friend with his airplane. in 2008 and 2009, hueghy buzzed

her home. hueghy's attorney says that she used the break up as an opportunity to -- and aubrey huff deposits his 27th home run. and jose guien a laider -- a laser to left. he thought it was leaving the park which it did. later, pat burrell with a deep drive his 14th since joining the giants. fifteenthover all. and the giants do have their stand down in the desert.

padres have regained their equilibrum. in the latter stages 2-1 padres win it. still one up in the rest. the true contenders are watching. teams like the a's and mariners peaking at the calendars to see when vacation starts and who can blame them. seattle got off to the big lead today and it didn't get any better for the a's. 2-0. they didn't hit the ball very hard up dallas braden but they hit it pretty hard. single there, drives in a run. ichiro flipping it down the line. got himself a base hit. 4-0 lead. final a's on the short end.

for 75 years, they've been giving away the heisman trophy, never has one been given away, until now it would appear. ufc was found guilty of several violations, reggie bush is going to be stripped of his honor. the endownment is denying reports, but the story is the award will remain vacant as of now. it is the u.s. open, but players from the u.s. have not faired well. especially on the men's side. but venus williams continues to represent. straight sets, but not that easy over francisca. it's the first semi in a major for venus williams since wimbledon in 2009. no longer an automatic but no much doubt that the rider cup

is going to be part of tiger woods itinerary coming up. the cup next october in whales. >> kind my mercury moment happend right after our wedding,

when i realized that along with all the gifts that i'd be getting a lot my husband's old stuff. fortunately, i got his mercury insurance too.