bullets fly as children play. tonight a 10-year-old boy is hospitalized after a gunman misses his intended target. >> good evening i'm julie haener. >> and i'm frank somerville. police are looking for a gunman tonight that opened fire on a passing car but instead of hitting his target, he ended up hitting a 10-year-old boy who was out walking with his family and friends. patti lee is live where she talked to the mother of the little boy just a short time ago. >> reporter: i was able to speak with her about 40 minutes ago on her cell phone. she's here at the hospital tonight and tells us that her son is now conscious and talking a little bit which is a

remarkable turn around given that late this afternoon police told us they did not think he would survive his injuries. at least a dozen children were playing outside near the corner of 15th and main when a 10-year- old boy was struck by a stray bullet while walking with his mother and a group of friends. >> it's really sad that during the summer these kids aren't safe here on the street. >> reporter: diana dane is looking after the siblings of the victims so their mother could stay at the hospital. they say the boys keep reliving the injuries and mistook the gunshots for fire crackers. >> they threw themselves to the floor, and then when they got out, the little boy realized on his right side on the back was burning. and he said it hurt and that's when they saw all the blood come out. >> reporter: the gunman described as an african american male in his teens was riding a bike when he opened fire at a car. >> a man on a bike, the suspects began shooting at a vehicle that was moving, in

the course of the gunfire, the 10-year-old was hit. >> reporter: police found the suspect's bike a few blocks away but so far no leads. they want the suspected target to call them. >> one of the people in the vehicle was hurt, so we're looking for that person to come forward to tell us if they knew who that victim was. >> reporter: the mother of the boy is going to keep watch. and we're told his younger brother and sister are paying for his recovery. reporting live, patti lee, ktvu channel 2 news. police shut down a neighborhood in eastern contra costa county tonight after a deadly offer involved shooting. happened about 5:00 this evening on lafever way and country club drive. a witness said that a man shot at police and officers returned

fire. a witness said she heard a smaller gun then a hail of bullets from a larger gun. the identity of the gunman has not been released. antioch police say they will have a press release when they get time to get to it. mirkarimi finally gets his hearing tonight. eric rasmussen was at the meeting tonight. >> reporter: things wrapped for the night just about an hour ago. but earlier ross mirkarimi walked to the courthouse to cheers from supporters. the tension really got started right around 8:00 when mirkarimi himself was called to testify. >> do you think that your conduct reflects adversely on the sheriff's department?

>> yes. >> reporter: the aggressive questioning of suspended sheriff mirkarimi started right away. >> was september 28 the first time you used physical force on your wife? >> yes. >> was december 21st the first time you used physical force on any woman? >> yes. >> first time that you ever bruised a woman? >> yes. >> you've never bruised a woman before. >> objection. >> reporter: the official misconduct hearing had all the feel of a trial with the sheriff's political job on the line. >> reporter: what can you say to save your life? >> we're just trying to tell the untruths and turn fiction into facts. >> reporter: mayor ed lee and the city attorney's office says mirkarimi's conviction of a misdemeanor for bruising his wife's arm makes him unfit to continue as sheriff. mirkarimi was questioned act

their own rules. >> are you disputing you committed a criminal act. >> no. >> so you committed a criminal act. >> yes. >> you were arrested and in fact, you committed a criminal act? >> yes. >> you fell below that standard. >> reporter: and tonight commissioners also ruled that 45 second video of mirkarimi's wife a tearful lopez will be permissible in the hearing. we're also expected to hear testimony from ed lee. we're live here in san francisco tonight, eric rasmussen, ktvu news. it appears an effort to recall oakland major gene quan -- jean quan is due to fail. organizers say they probably won't be able to collect enough signatures by monday's deadline to put the measure on the november ballot. another recall effort also failed to get the needed signatures for the june ballot. the golden state warriors

says coach jackson was the target of a blackmail plot by an exmistress. jackson went to the fbi after an ex-girlfriend, a stripper called alexis attempted to extort jackson. >> it's a sad situation, families have problems but, i think you know what they try to do to him is not, that's pretty bad. and what he did was not good either. >> coach jackson is married he's also the pastor of a church. adams was arrested back in april along with a suspected coconspirator. coming up a bit later in sports, tonight's nba drafts, the warriors picks and a big surprise what the first three draft picks have in common.

and the judge today set a court hearing for tuesday, the team filed a restraining order to stop santa clara county from spending the money. county officials described the plan they would use the money to improve schools. continuing coverage of today's big national story. the u.s. supreme court's 5-4 ruling upholding the bulk of president's controversial affordable health care act which was signed into law two years ago. the landmark decisions being hailed by the president and criticized by republican leaders. it's a decision that affects virtually every single american and the swing vote was a real surprise. craig boswell live in washington, d.c. tonight where this decision also comes at a pivotal moment for the presidential election coming up in november, evening craig. >> good evening to you,frank, certainly does. and as you mentioned justices

upheld the affordable health care act including the core, an individual mandate. a decision that had a historic decision but had a twist. >> reporter: in the 5-4 decision, justices allowed the individual mandate to stand as a tax and not under the commerce clause as previously claimed by the obama administration. chief justice john roberts, it is unreasonable to construe what congress has done as taxes. justice roberts was the surprising swing vote. >> most people thought that it would have been a combination of the four liberal justices plus justice kennedy not the chief justice as it turned out it was justice kennedy on the decent. >> it was the decent from kennedy and three of the conservative justices. to say that the individual mandate merely imposes a tax is not to interpret the statute but to rewrite it.

president obama highlighted a few of the 550 provisions including some that are already in place. >> they can no longer discrimination against children with preexisting conditions. they can no longer drop your coverage when you get sick. >> reporter: republican presidential candidate also spoke out. >> washington will be controlling health care unless something changes. >> we're here to act on a belief, and a belief that some of us shared is health care is not a right not a privilege. >> reporter: house republicans promised a repeal vote july 11th or go any further senate is controlled by democrats. both the campaigns of president obama and mitt romney say and insist that this vote today, this ruling today will in fact, energize their supporters going

forward into the november election. craig boswell, ktvu. we have more news from the vote of chief roberts. he is usually conservative but today he broke from the conservatives and he moved over and the -- and he joined the liberal justices. roberts was appointed by president bush. he's faced a lot of criticism from democrats in previous years. you will remember month, he voted to invalidate parts of arizona's tough crack down on illegal immigrants. we spoke to dr. andy bynman who had a hand at writing the health care law. >> this is a law that says let'ses make it fair for

everyone and get everyone under the same system. i think it is a law that will make it much more fair in terms of how everyone contributes to those costs. >> dr. bynman was a fellow for the committee. it was in that role that he helped author the health care reform bill. and california was among the nation's first states to endorse president obama's health care law. and has already implemented parts of it. as a result of 6 million californians should be covered by the deadline. children are also covered under their parents insurance until age 26. our coverage continues throughout tonight's newscast. coming up in 14 minutes, reaction from bay area workers. why doctors and patients are

both hopeful and worried . plus the impack on employers. and the political implication, why the ruling might be a win for both republicans and democrats. a big ball of flames. yes, so it's just a bad situation. maybes watch as a fire devours their homes. and back here in just 10 minutes the fog is back, you might have noticed it

new at 10:00 a bay area road that's hugely popular with cyclists but is becoming notorious for devastating crashes. tonight a bicyclists is hospitalized in critical condition after crashing last night. debra villalon explains why redwood road appears to be a magnet for downhill speed. >> reporter: redwood road is a favorite for those on two wheels, motorized or not. a work out going up, but a blast coming down. >> it's a lot of curves and everything. a lot of blind spots so you have to be careful.

>> reporter: cyclists who ride redwood a lot say they are not surprised to hear someone riding downhill hit a bump and hit the pavement. the man who is 59 even though wearing a helmet is not expected to make it. on you tube, many cyclists have posted video of their decents here, even nicknaming it the redwood racetrack and sharing their best times, incentive perhaps to go faster. but motorcycles too are seduced by the slope and the speed. >> i've come around turns that have been packs of bikes that take up the whole lane. >> reporter: with cars on their tales an a narrow shoulder

bikes of both sorts are at a safety disadvantage. >> it's on my head every time i ride this road. i ride this road a lot. >> reporter: we checked right before 10:00 on the victim of this latest crash. the bicyclists is in highland hospital in critical condition with head injuries. the bay area city with the dubious distinction of being the most dangerous for cyclists and pedestrians. a temporary reprieve tonight for california state parks most of those slated for closure have been saved at least for now. governor brown had planned to shut down 70 of the state parks. the parks were supposed to close sunday but the state has made deals or is close to finalizing deals with local governments, corporations and public groups to keep most of the parks open through the end of the year. five parks are still in jeopardy if no money is found.

they are benecia state, zmudowski, mining and mineral museum, gray whale cove and providence mountain recreation area. the city of stockton today officially filed for chapter 9 bankruptcy protection. the paper work was filed in sacramento. on tuesday the stockton city council approved a budget that can be used as day-to-day spending plan. stockton is now the nation's largest city to ever file for bankruptcy protection. and more details on what today's legal filing means. it allows stockton to suspend payments to creditors while a plan is worked out to pay down its debt. the plan also knocks down the budget. and now to the colorado

fire, the waldo canyon fire is the most destructive in history. today officials say they have found a body in one of those destroyed homes though they did not elaborate. officials say right now the fire is only 10% contained it's burning more than 18,000 acres since it started last saturday. video givers a bird's eye view of the damage. one family described the pain today after learning they are among those who have lost their home. >> i just started crying, there was no way around it. i was never going to go home again. >> reporter: crews are finally getting a break in the weather as a red flag warning has now been lifted for the area. officials say the cooler conditions are also helping to slow the spread of the fire. >> here in the bay area at least 10 people are homeless tonight after a four alarm fire destroyed two homes in vallejo. as cara lu reports the fire broke out around 2:00 in a residential neighborhood not far from the six flags

amusement park. >> reporter: these pictures give you an idea of the inferno this afternoon on limestone drive in vallejo. the images were captured on daniel romeros cell phone but witnessed by an entire neighborhood. >> a big ball of flames. yeah so it's just a bad situation. >> reporter: tonight three families living in these two houses have lost not only their homes but nearly everything inside. >> reporter: their son was home when the blaze erupted. >> and what happened? >> no one knows. >> is everybody okay? >> yeah. >> reporter: three dogs also made it out. jolovico's parents lived in the other homes as he salvaged what he could he said his folks do not have much but what they do meant everything. >> my dad is bedridden, he's over 85, and my mom is 80 plus

years old, when my mom screamed for help. my heart drops. >> reporter: firefighters from at least nine different departments tried to save the homes, but when the flames got into the attic and the roof started caving in they were forced to back off. sandwiched between these two burned out and gutted homes is this parked van, fire investigators telling me they believe this is where the fire started either at or near this van at this point they are still trying to figure out how it started. one firefighters suffered heat exhaustion, no one else was hurt. in vallejo, cara lu. ktvu news. federal investigators have revealed that arson caused that huge fire near the west oakland b.a.r.t. station that shut down service earlier this month. a fire broke out at a senior living complex. it's been reported that a security guard said three men threatened him just before the fire started.

investigators did not provide any specific details about how they determined the fire was deliberately set. and we got some cool down today, temperatures dropped about five or 8 degrees. these were the highs recorded today. the high was antioch, livermore was just 82. you may be watching the game in san francisco and there's fog, there's fog coming to hayward. more fog tomorrow morning means a cooler day for your friday. as you move through the bay area microclimates, san francisco downtown 64 degrees. tomorrow out in the bay hills you should be in the 70s but you'll be in the 80s. and out toward the antioch area you'll find some low 80s. 82, 83. good news for firefighters , better air quality. we'll see you back here at

10:48. our coverage of the health care ruling continues right after the break. >> a reaction to the supreme court ruling on health care reform and how one south bay

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but when it's this easy to use citibank mobile check deposit at home...why would he? ♪ woooo! [ male announcer ] citibank mobile check deposit. easier banking. every step of the way. continuing coverage now of today's momentum ruling by the u.s. supreme court. the question is what does that ruling mean for you? some analysts say that health care costs may go up in the near term. matt keller is live where he's learned that some of the changes expect for hospitals and patients, matt. >> reporter: frank, administrators here at santa clara valley medical center praised today's ruling and believe health care reform will take pressure off the emergency room where the uninsured

typically go for treatment. danny montalvo moved to san jose for a woman and a dream, to kick start his photography dream. but one thing he left at his old banking job is a health care insurance. >> health care is only going up and we have to do something. >> reporter: danny is one of many people who don't have insurance. administrators at medical valley center says that everybody will apply for health care programs. >> what this does is it increases coverage. that allows people to get specialty services and that decreases their need of medical care. >> reporter: and with more patients, medical groups will now need more doctors. >> we will have to increase access and you know have more providers be able to provide that access so that is something we'll be planning as we go forth. >> reporter: many provisions of the affordable care act start

in 2014, people currently with insurance wonder if their cost will go up. >> what i hear from muslim business is that the cost is going up every year. >> even though this will help make things more accessible, the next nut to crack is going to be the cost piece. and that hopefully will come next. >> reporter: the california medical association responded to the ruling today saying it's pleased with increasing access to care but would like to see funding to care and medicaid and reimbursements, matt keller, ktvu news. hospital stocks were up while insurers closed lower. the nasdaq was down 25. how the law affects business is still to be seen. but here's what the businesses

have in store. employers with two to 49 employees are not required to provide insurance. the 50th worker may become a threshold. >> as soon as i hire 50, i will have a new obligation on me. >> businesses with more than 200 employees must pay for half of their employees group plan. how today's support insurance is proving to be beneficial. you can always get more information online including the impact today's decision will have on california. just visit ktvu.com and click on the health care tab. the road to london starts in san jose. tonight at 10:45, opening day for the olympic trials that

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ride it at universal studios hollywood. san francisco is by almost any measure one of the liveliest cities in the world. but buried in a state data base we found a set of numbers that shows the city is also the most dangerous for certain activities. david stevenson has the bad news for people on foot or on bicycle. it's one of the top destinations where people from around the world and around the bay. >> friday night, gone wrong. >> reporter: yet san francisco also ranked number one for some surprising and scary reasons. >> people get hit on some of the busier streets in the city and they don't survive. >> reporter: we took a close look at statistics from the

state office of traffic safety. the numbers show san francisco county ranks number one among california's 58 counties for pe -- pedestrians killed or people on bikes. >> every day i cross the street on my way to work, i'm very highly aware of this. >> reporter: the figures are in some ways not surprising. >> when you're comparing fran to a more rural place or -- comparing san francisco to a more rural place or a smaller city. >> reporter: san francisco is also number one for speed related deaths and injuries, nighttime deaths and injuries and hit-and-run deaths and injuries. little surprised to pedestrians in san francisco's north beach. >> i was coming in for my

birthday, i got hit at an intersection three blocks down. >> reporter: the statistics also add booze. >> this is my 21st, i threw up already. >> and he's dam proud of it. >> reporter: the dangers of drinking and driving are well known but drunk pedestrians are also very much at risk in san francisco according to medical professionals. >> to see people crossing in places that they shouldn't. >> reporter: the center is partnering with caltranss to understand why san francisco ranks so high. >> then we'll be able to get an idea of the actual risk of walking and biking as opposed just to the numbers. >> reporter: san francisco recently shaved speed limits around schools and is examining other ways to reduce speeds and the amount of driving done in the city to make streets safer. at the end of the day or night

as the case may be, the single best way to avoid being hurt or killed in the city is to stay sober, alert and aware that you have more control over your safety than anyone else. in san francisco, david stevenson, ktvu channel 2 news. and at ktvu.com we have posted a link to the complete data base so you can find where your county ranks for injuries or deaths. just look for the web link section. the controversial policing tactic that may be coming to san francisco. why some say it encouraging racial profiling. it is the first time it has ever happened. u.s. attorney general eric holder today became the first cabinet member to be held in contempt of congress. as the house began voting more than 100 democrats walked out in protest. and the contempt vote passed easily. this episode steps from the

administration's refusal on a botched gun smuggling operation. >> others have devoted their time and attention to making reckless charges, unsupported by fact and to advancing truly absurd, truly absurd conspiracy theories. >> it's likely the case will probably go nowhere. republicans however plan to pursue a civil case. in an effort to help balance its budget the west contra costa school district is increasing class size for its youngest student. kindergarten through third grade could see two furlough days for teachers. in addition to elementary schools, shannon and lake will

be maintained. there are new developments on a hacking incident. an e-mail sent out today from the school says the breach affected the students organization. but no other information was compromised. the school says the breach will not compromise registration this fall and did not involve the release of students social security numbers or i.d. pass words. officials say the bay 101 card room has collected enough signatures to qualify a ballot measure for the expansion. if passed that measure would raise the limits of the number of tables in card rooms from 59

to 79. that will also mean $5 million a year in revenue. jp morgan has increased losses. this could hurt ceo's jamie diamond's efforts. more bad news tonight for the maker of blackberry phones. revenue fell in the last quarter, it was worse than expected. 5,000 jobs will be lost. in addition it will delay the launch of its new phone operating system, the company had been counting on blackberry 10 to make a come back. and rupert murdoch's news corp. is breaking into two companies. one will hold the newspaper, the other will be its entertainment facility. a reminder, you can get news to go on your cell phone.

you can watch all of our newscast live. it's a way to be connected any time any where. a reward is now being offered for two fires, both called arson. plus flames burned dangerously close to east bay homes this evening. >> in -- and the fog is rebuilding it's showing up in many locations right now and as we head into the weekend it's going to be a big player. when we

flames from a grass fire burned dangerously close to homes in san ramon this evening forcing some temporary evacuations. the san ramon fire department

said the flames started burning at 10:00. no injuries were reported. in san jose investigators are now saying a pair of fires early tuesday morning were both deliberately set. both fires started in a trash can. four people were displaced. another fire was reported on near by coy drive. a $1,000 reward is being offered in the case. new information tonight on this week's homicide in orinda the contra costa county corner's office has identified the victim as 66-year-old evangeline val era. police arrested her live in companion, 62-year-old james collin. prosecutors today filed a charge of murder against him. he is now being held on $1 million bail. the contra costa times is

reporting that tav era was killed with a machete. in news of the world tonight in brussels, leaders met late into the evening for an unscheduled session on the euro debt crisis. the leaders also agreed on a general long term plan on ways to tighten budgets and work together. in syria, a bomb exploded outside the palace of justice and a market in demascus. damage was widespread but there were no injuries. several nations including the united states plan to meet on saturday for talks about syria but analysts don't expect a major breakthrough. and in london, the founder of wikileaks julian assange says he probably won't surrender tomorrow as ordered

by police. assange is seeking asylum in ecuador. assange says that he is afraid that sweden would send him to the united states to face charges. b.a.r.t. police say someone alerted a station agent around 7:00 that night that two men were fighting when the agent went to see what was happening he found a 46-year-old man badly hurt. that man can't remember what happened. investigators say they believe the man may have been injured by the two men fighting or that he was a victim of a robbery. some san francisco nummi riders will have a choice of doors starting sunday. they will allow riders to enter through the middle door if they use the clipper card. riders using cash or tokens will still have to use the front door, nummi says it's the first transit agency in the

nation to make the change. the olympic gymnastic trials are on the way in the bay area. we're going to take you

the nation's top gymnast are in the south bay where the competition is getting under way for the u.s. olympics team. san jose leaders hope it's the start of a lasting relationship. >> reporter: the olympic flag made its way from city hall to the gymnasium on a double decker bus filled with athletes and dignitaries. hundreds were on hand for the opening of the gymnastic

trials. san jose fishes temporarily renamed autumn street the road to london. the gymnastic trials will determine who will represent team usa. >> this is a once in a lifetime opportunity. to have it so close to home, bring my daughter down here and her friends to experience this event. >> reporter: the trials last for four days, many of those here are knowledgeable gymnastics fans and in some cases have followed a specific athlete to this competition. >> this is in my opinion one of the best teams that we've seen in a long time. so we are probably going to do pretty well in the olympics. >> it's really excited to watch them and to see them in real life. >> reporter: just outside the pavilion it's gymnastic city usa where there are demonstrations and exhibits. organizers hope for more events like this in the future, they say they will continue to work

with the u.s. olympics committee and usa gymnastics to make the south bay a go to spot for the sport. in san jose, sal castaneda, ktvu news. >> on ktvu.com we have placed a slide show of the trials. more now on today's big story as the u.s. supreme court upholds the bulk of president obama's affordable health care act. as soon as that ruling came down the political spin began. republicans and democrats both used it as a spring board. president obama gave a victory speech. while mitt romney stressed what the high court said that mandatory health care is a tax. >> i think it works to both sides benefit. republicans can talk about the

nightmare they dreaded which is coverage. a controversial crime fighting measure is being floated by the mayor of san francisco. he is taking a measure of the so called stop and frisk policy as a tool to reduce violent crime. stop and frisk is used in other states such as arizona. opponents say it encouraging racial profiling. >> it's as shocking and troublesome as he announced he was going to adopt the arizona she me your papers law. >> police chief greg suhr says he is willing to discuss stop and frisk but feels the policies in place now are working. the fog is back and that has cooled us off today. and it will cool us further

tomorrow and it will stick around throughout the weekend. we go outside and what we have fog showing up right now all across the coast through pacifica. it's cool out there all the way into the liver livermore area where it's just 69. that coastal influence is penetrated well inland. sacramento will also get cool air. so the fog will be there tomorrow, there will be more this morning. a little less sunshine, here's how it broke off today. these were the highs from today, so it was cooler by five or six degrees. so slightly cooler on friday. not cold, but just not as warm as we saw last week. temperatures not in the 90s but in the 70s tomorrow. maybe a few low 80s. the story really is the marine player. here's the golden gate bridge. last couple of days it's been relatively thin so it hasn't made it on shore. what's happening right now and

what you're seeing outside, is the marine layer is getting fat, it's getting thick and that's because of a low pressure center to the north. now it's not getting dammed up it's pushing well inland. that's the main mechanism, the thickening and the thinning. for our weather each one of the major impacts of our weather this time of year. this is the mechanism that's making it get fat. low pressure to the north. there's rain up in eureka. this is the main system, it's not bringing us rain but lifts the inversion. it really does help with the firefighters and fire danger and the air quality. i keep say that, but that is the upshot to this. we have nice looking weather, a little cooler tomorrow. not bad. the beach, in the sunset avenue area and out in the richmond and pacifica you had a lot of sun so far for june. as we've come through june there's more sunshine than you expect. it's foggy from the sunset all

the way into oakland. so the forecast highs tomorrow look like this, lots of upper 70s low 80s. nine in livermore, good air quality. like we said earlier in the 5:00 broadcast, 6:00 broadcaster, earlier in the newscast we're not talking about fires and this is why. this cooler pattern. next week looks a little warmer but it's not going to get hot. >> you sure can't complain with mid-80s. >> no it's not. >> it's right into the holiday too. the san mateo county coroner is asking for the public's help to identify a man killed last week. he had no identification and hasn't turned up in a search of fingerprint searches. the man is described as white,

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mark is here now with sports how about those first place san francisco giants and their pitching, wow skr-z it's

like history every night out there. san francisco giants you know, team that no longer allows the other team to score anything. first time in franchise history four consecutive shut outs and they do sit alone in first after the dodgers go down again tonight in l. a. two runs after two outs. pegan, milky will score. and to the plate come buster posey. he will beat clato. tag. however clato gets -- third shut out of his career. a one-hitter, two walk, 8ks his first win. 36 consecutive scoreless innings. minuscule margin for error. loss gatos scores against the

giants. mateo product scott feldman, but texas takes the two rbis a piece from josh hamilton, beltre and david murphy line up on top of oakland 7-6. >> despite what you heard about the warriors coach it will be the players on the floor that do bring better days. they hope to add another few pieces to the effort. and joining the team tonight, barnes, he is described as having an elite jump shot. the warriors are stoked and so is the kid. >> i hope to just add to the three point shooting to that team. hopefully i have a little diversity. i'm a little bigger than clay is. i'm just trying to do whatever the team needs me to do.

>> all right, following barnes the warriors go after festus, zeli by way of nigeria. draymond. first three selections freshman anthony davis going to new orleans, michael kidd-bilchrist going to the bob cats, and bradley b earthquake -- bradley beal. and that's the sporting life for a thursday night. >> mark, thank you. and thank you for trusting ktvu channel 2 news