now it looks like the 1-year-old baby may be taken off life support this afternoon. i'll have the story in a live report. now occupiers want to take their message up and down the west coast. and raider nation or raid a nations. while an ad campaign for a local burger joint is cooking up controversy. and a live look outside this morning. a wider look outside this

morning. even wider! it's friday, december 9th. >> every friday she has a joy strike and runs the camera everywhere. good morning, everyone. i'm jon kelley. >> lots to gets to. let's check the forecast with christina loren. >> good morning. temperatures in the 30s. we have 20s in gilroy. 59 degrees at noon. we'll take you through the weekend forecast coming up. first we want to get you out the door with mike inouye. >> if you're heading out the door in oakland, you might want to wait a few minutes. northbound the taillights are really jammed up.

there was a full traffic break. maybe a partial traffic break going on. folks are being diverted off the freeway. there's construction in the middle of your screen. and it looks like that extends through the overnight hour through the area. so far that's the gem from 98th up to the coliseum. that's a good stretch for this time of morning. >> thank you very much, mike. this morning the family of a toddler hit by a stray bullet says they are not giving up. >> the family will most likely have to make a decision today on whether or not to take him off life support. christie smith is live in oakland with the very latest. >> reporter: it really is a tragedy. the family has held press conferences more than once,

trying to ask for more time, a second opinion. trying to give baby lawrence every single chance to survive. now it looks like they may really be at a cross roads. they may have to take him off life support as early as this afternoon. test show the 23-month-old has no brain activity. apparently the tests were taken wednesday here in oakland. the family pediatrician agreed the tests welcome accurate. he was shot in the head on november 28th. the people were filming a rap video. seven people were injured. police have detained five people on unrelated charges. he could be taken off life

support as early as 1:00 this afternoon. jon and laura, back to you. >> thank you very much, christi. it is 4:33 right now. occupy protesters shut down the port of oakland last month. now they're thinking bigger. occupy oakland protesters formed a blockade. they are holding a general assembly to hold plans to shut down all west coast ports come monday. organizers calling it wall street on the water front. supporters in anchorage, alaska, and vancouver, british columbia are planning similar actions in solidarity with this movement. >> it is 4:34 now. the man who sur survived a shooting is sharing his story. 21-year-old chris marillo has a long scar on his neck and a cane. he was shot outside a wal-mart on november 25th. san leandro police arrested the

suspected shooter yesterday. they are visibly shaken and grateful he survived. >> it's something a car doesn't show that will really affect me and my family. not just me. >> it's amazing how something like this can change your life. i have my christmas gift. i have my christmas for the rest of my life right here, my family, my son. >> mario has nerve damage in his arm and hand. his mother is hoping the good samaritan who applied pressure to her son's neck after the shooting will come forward so they the thank her. bart police think they found a man responsible for snatching copper wire from train tracks. police arresting 52-year-old dennis mcguire from san francisco. they say he recently stole the wire from bart tracks.

police arrested him in august for the very same crime. this is what they found at his home. copper wire and bolt cutters. bart says the third rail where the copper was taken carries a 1,000-volt charge. stealing wire there is very, very dangerous, and it's also very costly. copper thefts cost bart more than $90,000 so far this year. an update to breaking news we brought you yesterday morning. a crime sweep in gilroy nets 31 total arrests. police say suspects were using kids to sell guns and to deal drugs. the sweep is the result of a seven-month investigation in gilroy. hollister, morgan hill and san jose. if convicted the suspects will get enhanced sentences because they used kids. >> east palo alto has new leadership. nine years later laura martinez is now the mayor of east palo alto. she's 27 years old, and she says she's ready to tackle challenges

in the city known for high crime. she also says she's looking forward to working with facebook. they voted her in as mayor tuesday night. >> it's a huge accomplishment. my family, friends, and my supporters are really proud of me. i just look forward and doing the best job that i can. >> when her one-year term as mayor is done, martinez says she'll run for another term as city council member. >> it's 4:37. any time it's friday, that means we look ahead to the weekend. we want to know what the weather will be like. christina loren is here to tell us about it. >> a lot of people trying to get outdoors for shopping. maybe to hang the christmas lights. weather will be accommodating for you. it's really cold this morning yet again. but a nice mild day. 46 right now in san francisco. you're at 40 in hayward.

it is another spare the air day, as we predicted. yeah, we have unhealthy air quality in the south bay and the east bay. moderate air quality in the north bay and the peninsula. we're doing better in some spots across the bay. still, we're sparing the air. it is illegal to burn. throughout the day today high pressure stays in control of our forecast. you can see the jet stream is taking the storm track well to canada. throughout the weekend, really not much change. by noon, 59 in places like san jose. rounding out the day in the 60s. we'll tell you which day is better for the joult door activities. >> good morning, folks. the maps will show you the general area of the bay bridge toll plaza and the maze is looking just fine.

this is 98th past 66 and high street. folks are getting off the freeway near the top of your screen. and then right back onto the freeway. so while the area is only affected by on and off ramps it's causing backup for the early morning commute. they're changing the northbound side every night as we continue progress there. we get a look at south bay with more construction for 880. northbound between 280 and ole bay shore drive. much of the construction until 2:00 a.m. the ramps will be affected until 5:30. the freeway itself joefr all is not affected for the south bay either. back to you. >> thank you very much, mike. the oakland raiders have a beef with a popular bay area burger chain. >> that's correct. they claim nation's burger is stepping on their turf and biting off their game. the raiders are suing the restaurant, claiming they're

infringing on the raider nation trademark. the ad campaign implies a partnership with the franchise. for the record, it does not. raider fans don't think it's a problem. >> it's not a big dale. nation's burger. raiders nation. i love my raiders. i love burgers. >> just eat, baby. >> the raiders seeking compensation for frad mark infringement, false advertising and unfair competition. love their burgers. >> they make a mean grilled cheese, too. strawberry pie. apple is set to open, no shocker, a brand new store. one of if busiest places in new york city will house it. we'll have a sneak peek coming up. >> plus the list of candidates on donald trump's presidential debate is getting smaller. who is in? who is out? >> trump's hair will be there. and an echo of nearly a 5-year-old tragedy. two people killedpu on thes cam

of virginia tech. how this all happened coming up next. hey, your high speed internet here, at home...

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that's all the speed you need at a great price. it's an unbelievable deal. so why wait? act now, act now! like he said... ♪ welcome back, everyone. that's a look at san jose. yes, it's christmas in the park. they're not going to save electricity. waptd to keep it green. we'll keep you posted throughout the day.

>> students and faculty are dealing with another shooting. they held a vigil to mourn the death of 39-year-old derrick krauss. a gunman killed him and turned the gun on hims. tonight students and fak ul till will hold another vigil at the april 16th memorial which remembers the 32 people killed less than five years ago. all eyes on iowa. newt gingrich. rick santorum and michele bachmann all holding town hall meetings ahead of saturday's debate. gingrich is leading in double digits in florida, ohio and pennsylvania. rick perry and michele bachmann say they will not participate in the debate by donl trump. gipg rich will participate. so will rick santorum. a big apple store opens its

doors in the big apple today. while wall street could end on a sour note. we get the latest business report from brian shactman. good morning, brian. >> interestingly enough, futures have turned around here. we're positive at this hour. investors continue to hang on every word, coming out of the eve summit in brusells. he wants safeguard for the financial markets and basically said this country will never join the european union. the markets are slightly higher. shocks dick fall sharply after the head of the european central bank said he has no plans for large scale stimulus. the dow dropped to 11,998.

the nasdaq lost 52 to 9966. american's net worth took a sharp hit over the summer, dropping the most since the fall of 2008. net worth fell 4% to $57.4 trillion as the value of pensions, homes, stock portfolios all declined. the stock market fell 14% between july and september. net worth is valued by the value of property, bank accounts and stocks. apple opening the doors on the newest store inside new york's grand terminal. just a beautiful space if you've never seen it. it's the largest store, 23,000 feet. it caters to customers in a hurry. you can also pay for items through your iphone without ever talking to the 350 employees. it's like condoned shopping. but you're not shopping. >> human interaction is sometimes nice, i think, too.

>> why bother talking to anybody. time to check in with christina loren to find out when the cold will warm up. >> it will warm up this afternoon. we're going to have to wait a while. probably until about noon until it gets comfortable enough to take off your first layer, that heavy coat. this morning you'll need it. 29 in gilroy. that will be tomorrow morning, cold high pressure sits over the bay area. as we head throughout the weekend, we'll see more of an onshore flow. that will bring about more low cloud cover. they're still cold out there this morning. really cold in the north bay, for instance. 61 later on in santa theresa. we'll see a nice second half of the day. filtered sunshine through the

haze. pretty good amount of haze, especially through the central valley, as we head throughout the day today, it's going to be bad here in the bay area as well. we have unhealthy air quality for the south bay. that also goes for the nor bay. you're looking at the east end of the north bay. 58 in fairfield. you'll hit 61 in santa rosa. and your seven-day outlook shows you we'll stay nice and mild throughout the weekend. pm drizzle is possible on sunday. the reason for that is a little bit deeper. marine layer. that means that we're going to see the norms around here. that thick fog in the morning making your way to beautiful sunny skies in the afternoon. and the onshore flow, another benefit is it will clear our air quality. we're expecting to be back through saturday and sunday. back to you, jon and laura. >> christina, thank you very much. it seems the grinch is taking time off this holiday season. retail sales in november up significantly from last year. and it's expected to stay that way this month.

according to consumer reports, americans are splurging this holiday season. even though unemployment remains high and consume r confidence remains low. at the same time, more americans relying on credit. the federal reserve reporting consumer borrowing at the highest level in two years. much of the new debt has been taken out as auto and student loans. some experts believe it's a sign of optimism. others say they're using credit to keep up with bills and daily expenses. >> they really came from all walks of life. oakland author know known for

her book "the joy luck club" inducted last night. that couple first opened the first gap store. >> in my book, you are the california legend. >> i don't know about that. >> i got some people backing me up. cheering in the newsroom as we speak. you know. >> researchers say it could be a sign of a close relationship. >> plus, no softball for barry bonds. and the a's have some slowing -- if they were there. they're not. but there's construction. i'll tell you what the latest is and why we have this big delay going on. coming up.

welcome back, everyone. a live look outside the golden gate bridge. we'll check the commute with mike. 4:53. >> borry bonds could be headed to prison. and if the feds get their way the home run king won't be home for christmas. they are asking a federal judge to nns him to 15 to 21 months in prison. earlier the defense team filed their own request asking for

leniency. bonds convicted of b instructing justice in the case. the 47-year-old giants lemgd is scheduled to be sentenced december 16th. nba players hitting the course as training camp is finally starting up. it gives a saves of a quarter million dollars a year. the nba will begin a 66-game season starting on merry christmas day. skateboarders in san francisco are getting a gift from the skating legend. tony hawk is giving a $10,000 grant for a new south of market skate park. it will be located at mission street. construction will start in the spring. and the park is scheduled to be open by next fall.

>> that good guy, tony hawk. time now if you're getting the coffee heated to head out the door, tyke to check out your commute to work. >> good morning, folks, we'll take you to the south bay. i told you about 880. the construction zone northbound. north of 280. not really causing a major issue. but we have strag lers here. hold off. finish up the coffee. it's a little cool out there. we'll see if that clears. 880 past the coliseum, this has changed. they said folks will be back on normal route ls after construction cleared, but clearly they are moving over to the old southbound lanes. now it's a little confusing to glance at it. but the flashing lights in the middle of the screen, they're in the middle of the center divide.

then folks are shifting over above them. that's the old southbound traffic lanes. you are moving smoothly through the area. but it's confusing. hopefully you have a clearer, cleaner report for you coming up in the next half hour. back to you guy. >> that's a lot of traffic. >> you're nrn likely to yawn with family members and close friends than you are with strangers. laura's sister has a strike. researchers observed adults for one year and found the closer the relationship, the more likely they were to yun together. otherwise they're born with people. >> or they're tired. >> researcher says the data suggests yawning is a sign of empathy rather than boredom. >> it's funny looking at those videos. >> it is 4:36.

coca-cola's top secret ingredients have a new home. >> they've been moved from a bank vault in atlanta, georgia, to a new vault on display at coca-cola's world headquarters. in atlanta is where coca-cola is. the vault is visible to the public. you can't even see the rest pea. it's a big secret. >> i'll have a sip of coke and a smile. >> we'll be back right after this. [ man ] it's big. responds in a moment's notice. supports in times of need. same with aladdin. aladdin became the biggest in bail by treating people right. no one has lower prices, is faster or more professional than aladdin.

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a tough choice today for a family in oakland whose little baby was shot in the head two weeks ago. they may have to take him off life support. i'll have the story coming up in a live report. plus, a new reward. look for the person