a loaded gun, a tragic accident. tonight a memorial for a young

boy after a tragic accident. good evening i'm julie haener. >> and i'm frank somerville. a 2-year-old boy is dead after his brother fines a gun. debra villalon has the story. >> reporter: investigators finally pulled out. welltives say plans were in the works for deon karr's birthday party this weekend but just before noon today he was rushed away. shot ned head and died a short time later. his parents were not home when

it happened but were arrested. >> carter removed the gun from a safe that morning, loaded it and placed it in a dresser. >> some people may make mistakes and leave things around they didn't. >> reporter: the child's uncle says he never knew his sister to have a gun. >> kids were pretty much well taken care of and all that. yeah they were fine. but i just really wouldn't expect something like that to happen. >> this is something no parent or family wants to go through. >> reporter: as antioch police searched the family home and cars as part of an investigation know that the life that is taken in an

instant is saved by a trigger lock or safe. >> whether it's someone who is a convicted felon or someone who wants to have a weapon at home for protection. >> you just have to be careful, if you want to keep a gun in the house you need to be careful. >> reporter: reports live in antioch, debra villalon. a bail hearing is set for tomorrow in los angeles for mehserle, the former b.a.r.t. police officer. mehserle was found guilty and sentenced for two years in prison. his attorney plans to appeal and is asking for bail. prosecutors have not said if they will apose bail. the investigative website says mehserle's sentence is not typical for someone who has

killed another. it says data from a corrections department shows, someone who sentenced for killing another person is usually eight years. b.a.r.t. police are awaiting reaction from b.a.r.t. s upporters. >> i'm not calling for people to break things, i'm calling for people to go business as usual. including police. >> store owners in downtown oakland say they are hoping they won't be targeted by the crowd. a ktvu channel 2 news crew is in los angeles for that hearing tomorrow and we will have live coverage beginning on ktvu channel 2 news at noon and a

complete report coming up at the 10:00 news. judge stephen reinhardt says he will be able to rule fairly in the prop eight case. the girl had only walked away from her grandmother and aunt for a few seconds. when they saw what happened,

they started running after the man. >> i just tackled him. i just tackled him and sat on him. dialed 911. >> reporter: police say they are asking for any witnesses to that crime to come forward and help their case. eugene ramos is a registered sex offender. we spoke to ramos family and says they know that ramos is no stranger to police but they may know what's behind today's incident. >> reporter: his family describes him as a withdrawn young man, struggling with mental illness. >> he's a good son, but he's

sad and depressed. >> reporter: does he take medication? >> not regularly. >> reporter: he's supposed to though? >> yes, he's supposed to take it regularly. >> reporter: his family says that he did not take his medication before he went to the dollar tree and committed the assault. >> he was arrested for an instand that was similar to us. involved a 7-year-old suspect who was abused in a public place. >> reporter: ramos family says they wanted to apologize to the 2-year-old girl and her family. >> i am sorry. he did not do that intentionally. he did not know what he was

doing, i'm very, very sorry. >> reporter: they will be práepting the evidence to the district attorney's office. - - there will police say they will be presenting the evidence to the district attorney's office. ktvu.com has a link to california sex offender data base where you can search registered sex offenders in your area. look for the link under ktvu.com. governor elect jerry brown is apparently wasting in time trying to tackle the state's huge budget state fall. brown is organizer a budget forum to be held next wednesday. the entire legislature is invited as well as the legislative analyst. two more forums on education

and health are also in the works. brown is said to be sworn in on january 3rd. the holiday season may be a little brighter this year. it appears consumers are showing greater hope and optimism. but are they fueling a recovery? lloyd lacuesta has been talking to shoppers. >> reporter: some stores are still open at this late hour, according to a private research group, consumer confidence is on the rise and now is at the highest level of two years. >> i can tell from our job, we're doing better than last year. to me that's a sign of things on the rise. >> it makes you spend a little bit more. >> reporter: it appears americans were more than willing to spend over the black

friday weekend. that's 17 million more than last year. shoppers spent an average of $365.34 a 6.4% rise over last year. for a total spending of an estimated $45 million: >> basically it means expectations weren't as bad as they once were. >> two years ago people were worried about this being the next big depression. and so people realize -ld it's probably not going to be that severe, and some of the hesitation on purchasing has gone away. >> reporter: not entirely with unemployment still in double digits, it's a cautious consumer confidence. >> people are still losing their home, going into fore closure. you still hear about it. i don't think it's snapped pack yet. >> there's no money out there.

i'm not happy with it right now. >> consumer confidence is vital because consumer spending costs for -- the more americans go back to work then shoppers will feel like spending again. lloyd lacuesta. the nasdaq also bounced up gaining 30 points. storm tracker 2 monitoring rain right now in the bay area. what to expect for the morning commute. tomorrow's forecast in just about ten minutes. tonight we have new information about a san francisco man shot and killed inside his own apartment. his neighbors are on edge. and a high school runner collapsed just feet from the finish line. what the

san francisco police tonight identified a 37-year- old man as the victim of a deadly shooting we first brought you as developing news last night. it happened in the city's richmond district on 23rd avenue near anza street. an area not known for violent crime. ktvu's amber lee is there with what we learned tonight. >> reporter: tonight the medical examiner's office told us that the man shot and killed

has now been identified as travis del rio. tonight we saw four police officers in front of the four unit apartment building where del rio lived. neighbors describe him as a nice guy and can't believe the shooting happened. >> i heard the gunshot, i didn't identify them as gunshots right away. i thought it might have been a fire cracker. >> reporter: neighbors heard five gunshots and called police. >> officers responded to the scene and they found a male victim on the floor of the apartment. >> reporter: del rio has lived here 2-1/2 years and was well liked. but neighbors started complaining about heavy traffic after a new male roommate moved in a year ago. the suspicion was that there might have been illegal drugs

involved. >> we don't know who's responsible, we don't know what the motive behind it is. but anyone with information can come forward. >> reporter: they say he worked in construction and had family in san luis obispo. and recently went out of town to take care of a family members. >> it's very shocking. >> yeah, it's a big surprise in a neighborhood like this where there's tons of families. we're walking around all the time. >> reporter: police say at this point they do not have a description of whoever is responsible and they are not confirming reports that the killer may have left the scene in a black mercedes. reporting live in san francisco's richmond district, amber lee, ktvu channel 2 news. in san francisco, one resident said today if you want

to find a meth lab the laurel heights neighborhood is not the place to look. they were mistaken, but that's where officers say it was found. today detectives sorted the evidence out on the street because they were afraid some of the chemicals could possibly explode. >> this is really concerning, i have young kids, we live right next door. you know i don't know what sort of people were coming in and out, but scary. >> five people ended up being arrested, they now face drug and other charges. a judge sentenced a san francisco man to 75 years many prison for threatening nancy pelosi. he admitted making more than 30 calls to pelosi in february and

march. during one of those calls,guisti told pelosi she would not have a home to come home to if she the voted for the health care reform. >> this allowed to be carried out incapacitates this nation to carry out business. and it sets a very important data essentially. the wikisite placed hundreds of secret documents. his lawyer says the charges in retaliation for the document leak. even though the final count has been certified, david harmer said today he is not quite ready to concede.

harmer lost the campaign to mcnerney. he said he's reluctant to call for a recount and that he has to find a job now. harmer lost to mcnerner by a very slim rate. and california unemployment rate remains above 12%. the east bay is one of the area's hardest hit by the downturn. as rob roth reports, those looking for work may not have the necessary skills when hiring picks up. >> reporter: in west oakland, these people are hoping to hammer out new careers in the expanding arena of green technology. robert shumate says he was making good money working construction in the east bay but when the recession hit, construction slowed to a trickle. >> over the last year, it was hit and miss. you work a month, you don't

work a month. it's not the seasons anymore. >> reporter: the economy also apparently swallowed this mans job. and he is hoping his new skill will get him off of federal income. the east bay lost 11% of its jobs in the last decade, many of them in construction even though the population increased. that's leaving many families in need. economic recovery is slow. the report was authored by the east bay community foundation and the economic alliance. >> a good 25%, in some cases in some populations as much as 40% of households who is are not able to be self-sufficient. >> reporter: the study also recommends public business and sited the decreased number of

high school graduates. >> we're not concentrated in one particular industry so it actually allows for more people to be employed in different sectors. that to me means we can really train people for a variety of different jobs. >> struggling will be over unless i graduate. >> reporter: the report emphasizes that there's a great need for job training programs like this one. the concern is that once the economy improves, there won't be enough qualified people to fill job openings. the showers are out there. they are mainly in the north bay. live storm tracker two showing shoáus mainly showers mainly north of san francisco. the showers have been light. we've had pockets out here by richmond and vallejo where the rain has been heavier.

in the rain, we can't find more than .10 of an inch or more. it's going to impact us as we go into the weekend. nasty and it's tough to forecast because there's lots of moisture and it's hard to pinpoint when the showers will a occur. as we head into the weekend, sunday looks perfect. saturday evening equipment is in place to demolish what is left of a terminal. the $4 billion prompt project is expected to be finished in 2013.

and more testing for smart meters. >>

the california public utilities commission refused a request to look into the safety of smart meters. the meters send data from homes to the utility over a wireless network. a cpu administrator judge told the commission that emissions from the meters is smaller than

other small appliances such as microwaves. you will recall back in september, a gas pipeline exploded in san bruno killing eight people and destroyed more than 30 homes. many san bruno families affected by that explosion are still trying to heal this morning. some turned to a christmas tree in a lot. >> reporter: the christmas tree went up today and new stockings hang in the gray's new rental. >> i think it will add the spirit we need and normalcy. >> reporter: the couple still trying to return to normal after their home of 42 years was destroyed in the fiery

september pipeline explosion. they lost boxes of meaningful ornaments and charlie's train collection. >> the one family that the mother-in-law died and the son and law and taughter are daughter are still in the hospital, as we understand. >> there's going to be a lot of emptiness around here with the holidays coming. people around here like in the neighborhood decorated their homes and stuff. there's really nothing here accept vacant lots. >> reporter: but in the middle of the neighborhood, the loan tree. a positive message to those still living here. >> reporter: some neighbors say their christmas wish is to have

their neighbors return and rebuild. in san bruno, maureen naylor. we can tell you tonight that the heat was finally back on at a middle school in oakland today. as we reported last night, children had been shivering since last tuesday. needles to say, school officials say they will try to make sure this does not happen again in the future. tax cuts for millions of the american

a high school athlete who collapsed during a ratio showed

poise after she crawled through the race line. >> reporter: university high is a small high school in san francisco, but inside there's a young woman with a huge heart both for herself and her coach. >> running is like a good time to think to yourself. >> reporter: this is holly reynolds, she's 16 and captain of the track team. >> she's the girl that everybody looks to for that little bit of confident that says, i am confident, you be confident too. >> reporter: reynolds ranked third in the state but then -- >> my legs started to feel heavy. >> reporter: reynolds staggered and collapsed just steps from

the finish line. >> i was breathing very heavy, almost hyperventilating, felt very cold at that time. >> reporter: but she did not quit, she crawled through the the finish line. >> reporter: coach tracy diagnosed with lou garrett's disease. if she finished five, the coach would win a state title. >> we knew that in order to thank jim for our season, and for -- well for all the coaching that he has done, we field needed to win for him. >> reporter: now tracy has a championship, but more a team that will surround him for his next big battle, als. >> i feel like a winner when

kids do something that is so difficult. it's all about them. >> reporter: reynolds says that she was diagnosed with hyperthermia and dehydration. yet, she still finished 28th. the united states lost on the bid to host the world cup. today it was announce had the the 2018 world cup will be played in russia. also today the 2022 world cup was awarded to the tiny but oil rich nature of qatar which beat out the united states in the final vote. the u.s. had lobbied hard and spent millions of the dollars to try and host the world cut. senior republicans clashed

with top leaders over the military's don't ask don't tell bill should be repealed. but the chairman of the joint chief of the staff pointed to his own wartime experience. >> i've been serving with gays and lesbians my whole career. i knew they were there, they knew i knew it. and what's more, nearly everyone in the crew knew it. we never missed a mission, never failed to deliver ordnance on target. >> it appears unlikely the senate will vote on don't ask don't tell before the end of the year because of republican opposition. also in washington, d.c. today, the house of representatives did something it has only done 22 times ever

before. it sentured a member. rahgel was censured for violation. censure is the harshest punishment short of expulsion. this came as the house voted on a tax cut package today that senate republicans quickly dismissed. >> reporter: the house voted to dismiss the bush era tax cuts only to those making less than $250,000. democrats say extending tax cuts for wealthier americans will cost too much. >> giving $700 billion to the wealthiest people in america does add $700 billion to the deficit. >> reporter: the vote angered in coming speaker john beinher. >> trying to catch my breath so that i don't refer to this maneuver going on today as

chicken crap, all right. but this is nonsense. >> reporter: republicans want a permanent tax cut extension for all wage earners including those in the higher brackets. g.o.p. leaders say the house vote was purely political. >> the house democrats are ready to send us a bill that they know won't pass in the senate. >> so america will know who wants to extend these tax rates in a permanent way and who wants to continue to play games with our economy. >> reporter: and time is running out in this lame duck session. >> and the first concern that we have is tax cuts for the middle class. >> reporter: president obama says he knows congress will act. >> that doesn't mean there won't be some posturing in the next several days. >> outside speaker nancy pelosi's office on seventh street they demanded no bail

outs for millionaires. move on.org is against extending the tax cuts to the el wealthiest saying if they earn more they should pay more and america needs to take care of its middle class. and right now live storm tracker 2 has rain in napa, santa rosa and san rafael. i'll be more specific, i'll show you which cities could get the weather. and a cascade of boos tonight as lebron ♪

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the first section of california's high speed rail line is set for bourdin to fresno california. future funding is still uncertain. supporters say the four p-l dollars leg of the project will create jobs in an area where unemployment is as high as 25%. construction is supposed to start in 2012. caltrans is expanding baby bullet service for the weekend. baby bullet trains only stop at major stations. weekend trains currently stop at every station. a caltrain spokes per says the idea was suggested by riders and if enough people use the service it could become perm innocent and raise much needed revenue. last month's stand you have

on the bay bridge ruined the morning commute for thousands of people. now we're learning many of those same commuters were mailed tickets for e sating tolls. cameras caught them driving through the the empty toll gate. california drivers who drive less could start paying less for auto insurance. today the state's department of insurance okay's a new state structure. and the automobile club of california, rate for pay as you drive plans are based on mileage and could cost up to 10% less. drivers need to report their mileage every policy period. in news of the world tonight in israel, the worse forest fire in that nation's history has killed at least 36 people. they were all prison guards on

a bus racing to evacuate a prison. the israeli prime minister is calling the fire a disaster of unprecedented proportions. in haiti, four of the 19 presidential candidates led a march to the capital of port-au- prince today. they are claiming president election was tainted by fraud. some clashes erupted during the march as police tried to stop it. and in poland. a winter like storm hit the country hard today. no one was going any where from one airport, let alone on the highways and railways. at least 18 people have died because of the cold, most were homeless. other parts of the europe are experiencing similar weather problems. statewide life officials have cleared a lake tahoe restaurant owner of any wrong doing in the shooting of a black bear. a fish and game commissioner

says william acted in self- defense when he shot and killed a 600-pound bear inside his restaurant. the bear had broken into the restaurant four times in the week. 58-year-old debra collins was reported missing tuesday by a friend. they say that collins left her home about a week ago. police say she left without her pets, her car or her personal belongings. collins is described as 4'4" tall. an amazing discovery, nasa says it has found a new life form here in california. why one biologist calls this a phenomenal finding. rain returning to the bay area,

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life not as we know it, nasa announced today it discovered a new life form and bay area researchers who found it say it's at the bottom of a popular lake near yosemite national park. due east of the bay area near yosemite, , at volcano lake. >> this is a huge deal, this is a phenomenal finding. we are talking about taking the fundamental building blocks of life and replaces them with phosphorous. >> reporter: phosphorous is replaced with arsenic. it's the only life form known

to do so. >> if organism on earth doing something different, we've cracked open the door to what's possible for life elsewhere in the universe. >> reporter: arsenic was thought poison to every living thing because it's chemically so close. >> how do mechanisms cope with toxins. >> maybe we mind find e.t. now because we know what we're looking for. they know may visit them for signs of arsenic based microbes. scientists say a more earthly use of this discovery is to try to develop arsenic eating bacteria. arsenic is a major problems for drinking water. divorce attorneys are

becoming friends with facebook. a new survey by the mesh academy of matrimonia lawyers say they use flirtatious messages and photos to prove infidelity. 15% say they have used my space and 2% said they use twitter to make their cases. a week ago sergeant dwayne mower wrote about all the little things that youngsters need from school supplies to toys to trees. there are gifts for the soldiers, magazines, toiletries and more. >> we need a santa suit and some reindeer ears and

hopefully that will help them have a good christmas. and a well known politician tried his hand -- cecil williams took to the stage. reverent williams told us his secret about what keeps his going in these tough economic times. >> it's not easy, you just keep trying and you keep telling them you love them. the kitchen serves more than 1 million meals each year. storm tracker is lit up. as i point out everything is

north of hayward. that's where it's been all day. it's been a really light deal. that's what we were talking about last nigh. the rain over the next few day, just not a big deal. here's, well i check track and lots of moisture headed our way. embedded in our clouds are these little pockets of that will trigger showers. none of this appears to be a big deal. overnight lows now will be warmer. you noticed it was warmer today. we had 60s today because of the cloud cover. tomorrow maybe a sprinkle. certainly less sprinkle shower activity than we had today. it started out like it was going to be wet, but i think you'll have some wet for tomorrow afternoon. it's not going to shut down your plans. now the mountains, there's a winter weather advisory so be prepared for that. sunday it looks like it's really going to rain around here. before sunday looked like a

sprinkle but now sunday looks wet. north bay, there we have at lunchtime see what's happening it's all north. there's the afternoon commute. still north, then we get into saturday and the stuff starts to creep in from underneath. that's 9:00 a.m. saturday, 4:00 saturday, still nothing. this isn't shutting you down. here's what's going to shut you down, sunday morning. then this deal on sunday looks like it has some legs. right now more of the same through saturday. now not a heavy shower, clouds mild and light sprinkles. by sunday i think we're going to get some rain in here. 60 in freemont. 60 in morgan hill. they are going to get more snow from this system and it's really starting to stack up out there and we're not even to christmas. we're putting the big rain on sunday, tomorrow, i don't think it's that bad of day and i don't think saturday is that bad of day, it's not sparkly dry. but sunday look forward to

rain. >> thank you. a new grocery store is helping make west oakland a little bit healthier. residents say before produce opened last month they didn't have any options for finding good fresh food and vegetables. >> this is amazing we haven't had anything like this, ever. so this is pretty important. >>

san francisco's popular f line streetcar fleet is adding another historic vehicle car 1071. original ran in minneapolis minnesota in the 40s. it's been fully restored and will be in full service in a few weeks. there's also been a building to store the cars when they're not in service. until now, the cars have been

stored in the open. the energy was there, the passion apparent. first half mone ellis, bright spot. look at the the pass to richardson and nash. more ellis in the third quarter, nice one hand finish, you get to see that on the replay. ellis tonight with 38 points but as it turned out it was a big time former warrior richardson, hit the j there as the shock clock expired late. 10 #-101. they booed him, of course it was just powder but it might as well have been salt in the wounds. lebron, they're rubbing it into the entire area in cleveland. he was great, driving the baseline here. and getting the bucket there

with the nice play and dwayne wade will definitely chime in as well as the heat wins it in the affair. hard to get used to, but he apparently is just fine with it. got to consider the competition, ottawa won't fighten anybody but might have been the shark's most complete victory. they do it up right north of the border in canada. danny heatly returning to ottawa. and quickly dan boyle is rejected here but patrick marlow with the put back. the rookie justin brown, one timer sharks win it 4-0. 28 saves for his first shut out as a shark. all the well documented problems with the 49ers in the past few years. but place kicking not a

problem. but with the niners today signing jeff reed could indicate netnie's knee. fifteenthmost accurate kicker in the nfl's history but having an off year. and another stellar performance for michael vick. counting for seven it'ds all told. vick hits owen smith 5-yard td. eagles on the big end. the raiders could have had mr. vick for a song, instead the raider quarterback situation has them today signing niner j.t. sullivan, he's been a former a lot of things. this is his 11th team drafted by in 2002. it is a done deal, adam dunn,

$58 million to sign with the chicago white sox. the a's hoping to make a big splash as they made a huge offer to adrian beltre o we'll see what -- we'll see what happens there. nice to see the fans in cleveland as

you inhale, they inhale. millions of children continue to be exposed to secondhand smoke. secondhand smoke causes asthma, a disease that cannot be cured. protect your loved ones.