developing news out of oakland overnight where police are investigating a triple shooting. and it appears a man driving by the scene was hit too. i'll have that story coming up in a live report. hunger strikes a suspect in the deadly shooting rampage at oikos university hasn't eaten in three weeks. why he's doing it. and a huge effort for the doomed sailboat stranded on the islands. what it took to get the boat back to the mainland. and a live look at the toll plaza. i think i see one car making its way to the plaza right now to hand over its toll on this tuesday, april 24th, this is "today in the bay." hi, everybody, good morning, thank you very much for joining us. it is now almost 4:31, i'm john kelley.

>> and a whole lot to get to today. let's check the forecast with christina loren. good morning. >> good morning to you. yeah, we've got a good-looking day shaping up. we're going to hold off on the showers for today. you might find a little drizzle on your way to work with a strong onshore flow. we're expecting the 70s and then the rain moves through as we head through tomorrow. let's talk about your full forecast. mike already busy on a tuesday morning. good morning, mike. >> good morning. you talked about some of that drizzle hitting the santa cruz mountains. around the summit, it's possible. we had an earlier major injury accident. the southbound side sounds like a pick-up truck hit a pedestrian. someone was walking around highway 17. major injuries taken to the scene, the traffic control has cleared in the last few minutes, but we still have construction in the area and one of the reasons why we had crews out there for caltrans. watch it in both directions just south of the summit for 17. and another closure, one of the lanes that may be related to

roadwork. further north, the rest of south bay bay proper coming up. >> thank you, mike. oakland police right now investigating a shooting that sent three people to the hospital. >> we are learning one of the people wounded may have been an innocent passer by hit by a stray bullet. christie smith live in oakland with the latest for us. good morning. >> good morning to you. oakland police this morning still trying to piece together exactly what happened, but what they're dealing with is a triple shooting. and as you said, it appears one of the victims may have been someone who just happened to be in the area at the wrong time and was hit too. i spoke with the sergeant on duty this morning at the oakland police department downtown and he says they got a call to 98th near holly street in east oakland just after 11:00 last night. they found two young men down shot several times. it's believed to be possible that they were actually shooting at each other.

then they tell me that another man happened to be driving by and he was hit. police tell me they're not sure if he was the driver or passenger in that car, but the window was completely blown out. somehow that man was able to make it over about a mile away and was able to explain to a roommate exactly what happened. the sergeant tells me as far as he knows, the injuries are not fatal. reporting live in oakland, christie smith, today in the bay. a san francisco man accused of -- this is a wild story. accused of impersonating a plastic surgeon. new charges will be filed against carlos garza later this morning. prosecutors say he opened up a dermatology clinic on michigan street even though he did not have a medical license. he was arrested after a woman came forward claiming garza smoked a cigar and made her hold her own i.v. bag during a

liposuction procedure. mirkarimi's fight for his job could drag on for months. allegations of a official misconduct following mirkarimi's guilty plea to a misdemeanor domestic violence charge. his attorney wants to move quickly calling for an open hearing and asking for the power to start subpoenaing witnesses. but attorneys say san francisco bay would like to proceed in june. >> other witnesses have not been so cooperative. we've had to serve subpoenas. one witness has disobeyed a subpoena, so we're going to court to compel compliance with a subpoena. >> attorneys for both sides of this case will spend the next few weeks filing briefs. the ethics commission will discuss the next step at the end of may. 4:34, the man accused of killing seven people at oakland's oikos university is on a hunger strike. one l goh has been moved to the

infirmary at the jail. he's lost 20 pounds. a sheriff department spokesman says goh is expressing shame for the murders at the school where he was once a nursing student. right now, jail officials say they cannot force him to eat, but if his condition worsens, he could be fed through an i.v. well, the tv show, "america's most wanted" will be in morgan hill this week to help publicize the disappearance of sierra lamar. efforts to find the missing 10th grader have been ongoing since she was last seen march 16th. thousands of volunteers have taken part in combing the rural areas around morgan hill. and police have gotten more than a thousand tips on their hot line. so far, beyond some clothing and a bothering found days after she went missing, there has been no sign of a teenager. california voters will, in fact, get a chance to decide if the state should abolish the death penalty this november.

supporters of a ballot measure say they have enough signatures to qualify. they are expected to finalize that ballot initiative later on this week. supporters want to replace capital punishment with life in prison without the possibility of parole. some south bay parents will be picketing this morning to save their children's school. they'll be at the los gatos district demanding lexington elementary be kept open. the building is not seismically safe and it doesn't have the money to replace it. now, the plan to move the students to portables will be at fisher middle school. well, this morning, the doomed racing boat that crashed at the islands is back on the mainland. crews recovered the low-speed chase yacht from rocky terrain yesterday and flew it 30 miles by helicopter. you can see that right here. security guards are watching over the yacht at the airport. now later today, it will be loaded on to a flat bed truck

and taken to a secret location. well, the family of one of the victims in that deadly crash will hold a memorial service at at&t park next week. 26-year-old alexis bush, a former giants bat girl was onboard. they'll hold a public service memorial in her honor next monday at 1:00 p.m. the first bat girl in major league baseball history. the san jose city council learning today how the city's police department is doing. the police auditor will present a report later on tonight on the number of complaints and concerns filed against police officers in 2011. the report shows complaints were up 26% last year. something the ipa attributes to greater community outreach. the report also includes recommendations to improve police procedures. also on the city council's

agenda tonight, a proposed ban on styrofoam to go boxes. san jose is considering banning the food containers at city events. the measure's expected to pass and could eventually lead to a city wide ban on all styrofoam containers, a ban on plastic bags went in effect at san jose at the beginning of the year. good morning to you, it's 4:38. yesterday i rolled into work without a jacket, a little bit cooler today. >> little bit. not too bad. >> he's wearing a suit, though. he's got more layers on than me. >> he's not just wearing a suit, he's rocking the suit. >> good point. >> we do have 60s out there this morning. give or take a couple of degrees either direction. basically about the same as yesterday. 57 degrees in fairfield, 60 in concord, 61 degrees, warmer in oakland. nonetheless, as marla advised, you'll probably need a jacket for the first three hours of the morning. and then as that sun comes out, you can peel that jacket off. by about 8:39 this morning, low pressure slowly but surely

moving towards the bay area. this is going to bring us some showers very soon. in fact, within the next 24 hours, we're expecting our first showers up in the north bay. this morning, onshore flow is much stronger as that system treks closer and closer to the coastline. count on fog, you'll probably be using your windshield wipers. this morning, the rain returns, and we're talking about the steady rain from time to time as we head through tomorrow and thursday. and it looks like right in the heart of your morning drive. have no fear, mike and i will be here to guide you through it. and this morning, we're worried about drizzle and fog. sun coming out, 71 at 4:00 p.m. 4:39, mike's already busy this tuesday morning. any improvement out there? >> it's a light volume of traffic. we have a smooth flow, that 17 accident cleared as we talked about. we're going to 680 now where we do have a new issue. this is construction, first of all, having that north ramp on the northbound side, that is closed. that will be improvement once they finish the roadwork, but

also further north reports of deer in lanes. usually i have a tragic report. this is two deer standing there in the center divide northbound 680. they're okay, we hope they stay that way. that is a warning, as well, for drivers on either side. we'll follow this incident. but so far, they are in the center divide and hopefully will make their way across all those lanes of freeway. we're looking at construction further south as you approach, no slowing there and nice easy drive out of the altamont pass. 880 shows you more construction at high street blocked from the off ramp and one lane passing by the area. folks moving to the left. more construction both directions passing downtown. but no slowing because it's a light volume right now. back to you. >> thanks, mike. game, set, match. a popular south bay tennis tournament calling it quits after next year. and we're going to tell you about the toll it could take on local businesses next. then, getting drunk for cheap.

the dangerous technique teenagers are using to get a buzz from hand sanitizer. and moving to the cloud. google laumpnching its own versn of online stores today. how it works coming up. and jush us.h stay with us ♪

[ female announcer ] the vertical chair-climb. it's not an olympic sport, but it takes real effort and it takes a diaper that fits their every move. pampers cruisers with 3-way fit adapt at the waist, legs, and bottom for up to 12 hours of protection and all the freedom to play like a real champion. pampers. proud supporter of babies' play. ♪

welcome back, everybody. how about this? a good way to start your day. how about that line at krispy cream donuts. and yeah, a line this early. why? because they're opening up. grand opening today and we're getting word that possibly the first few people in line are going to get a huge surprise. not just one free glazed donut, how about free donuts for a year? if you want to stop by and check it out, at least you can get a free hat. possibly free donuts. the krispy kreme franchise hired 180 new employees. that's on diamond boulevard. get a hot one, cup of java. >> a dozen glazed, please. >> absolutely. it is game, set, match for another high-profile event in san jose. the s.a.p. men's tennis

tournament will leave the south bay and move to memphis after next year. "today in the bay" tells us what's behind this move. >> reporter: well, good morning, it's a simple answer. it comes down to cost. shark sports entertainment, the company that runs the open tells me it's expensive to run a tournament where there's only one court as opposed to other tournaments where you can have many matches going on at the same time. because of this, s.a.p. open will be moving after next year. and tennis fans say it's a big loss to the international community in the bay area. the s.a.p. open has featured greats like john mcinrow. others are not happy to see the s.a.p. open leave. they get a lot of business from fans who want to wine and dine in between matches. >> it's the only famous tournament in the bay area on the south bay i mean. that's going to hurt the south bay. >> reporter: the open follows a long line of events that have

vanished over the past few years. the san jose grand prix, music in the park, and the downtown holiday parade. it has played under different names and different cities because it started way back in 1889 in monterey. in 2014, it will leave california and it will head over to memphis, tennessee. "today in the bay." well, wall street taking another beating to start the week. but there is good news. things are looking up this morning. for that and the rest of the news before the bell, let's turn it over to cnbc world headquarters. good morning, jackie. >> reporter: good morning, john. well, the futures are higher this morning after stocks dropped on monday. markets lost some ground on concerns about europe again amid political uncertainty in france and a breakdown in budget talks in the netherlands. we saw the asian markets lower overnight, but european markets a touch higher. and here in the u.s., we're going to get data on home prices, new home sales and

consumer competence. watch for that. the fed is going to begin a two-day policy meeting but isn't expected to move on interest rates. a lot of earnings on the calendar, as well. 3m and united technology reporting this morning. we saw the dow fall 102 points to 12,927 yesterday, the nasdaq losing 30 points to 2,970. walmart also weighed down the dow on monday dropping more than 4% on allegations it paid bribes in mexico and may have covered it up. mexico's government says it sees no need to investigate walmart. calderon's office says if the accusations are true, it's a local issue as bribes would have been paid to state and local issues. mexico is helping the u.s. with its investigation. reports saying that the justice department has been conducting a criminal probe for months. and google will reportedly launch a new service today letting consumers store music, photos, and other content online. it's going to help people access

documents from any web-enabled device. you can get 5 gigabytes of storage for free and google will charge a monthly fee for bigger versions. back over to you. >> okay, jackie, thank you very much for the update. >> christina loren is here onset to tell us what to expect weather wise. >> we've got a good-looking day ahead. let's get right to your forecast this morning. you don't need the heavy coats, don't even need the umbrella just yet. give it time. 61 degrees in san jose, 51 in livermore, and 60 in sunnyvale. the winds whipped through the bay area. this morning, we have a very, very stark difference happening out there. calm winds reported. now as a result of that, we're going to see the marine layer penetrate all the way inland. that means a mostly cloudy start, not just at the coast. the tri-valley getting some of that marine air throughout the morning. we are going to drop off by about an additional 5 degrees. we've got an area of low pressure slowly but surely moving toward the bay area. this is going to bring us some

showers. as we head through tonight up in the north bay, we're talking about showers really starting to intensify and come down over the greater bay area tomorrow afternoon and thursday morning looking kind of rough. so this is what you can expect as we head throughout today. temperatures are going to be on the mild side. we'll hit the 70s, but that onshore flow is still in effect. the first part of day will be cool and cloudy and then that sun will come out about noon. 73 degrees in san jose. this is the last day of the mid to upper 70s. temperatures tumble tomorrow. we bring in the rain, few isolated thunderstorms, and i know i want to let everybody know this. when we have that thunderstorm event a couple weeks ago or last week, it was very, very intense. we're not expecting the same thing. we could see a few isolated cells get rather strong. so thunder in the bay area is definitely possible, but we're not expecting the 750 lightning strikes that came through last time. in fact, this is looking a lot more stable than the previous air mass. so rain early thursday, friday, we warm you up, and saturday, 85

inland. back to you guys. >> thank you very much. this was an alarming and dangerous trend. teenagers literally drinking hand sanitizer to get drunk. l.a. doctors say they've seen at least six teens sickened by hand sanitizer. they're learning how to distill the liquid online and that creates a powerful 120 proof shot. most hand sanitizers have 62% ethel alcohol. >> i don't get it. >> no. >> nor do i want to, right? 4:50. still ahead on "today in the bay," a joyride that could have serious consequences, why officials on the east coast are investigating a 49ers football player for taking a 100-mile-per-hour ride along highway patrol troopers. also, the giants starting to hit their stride. we'll let you know how sweet they looked in back-to-back ball games. and as you get ready to start your workday, we'll talk about others finishing theirs

up. see how it affects your drive coming up. hey, your high speed internet here at home... and on the go... ...with some really big news. it's b-i-g, big. high speed internet from at&t at home... includes wi-fi access on the go -- whoo-hoo! it's an unbelievable deal. it's an unbelievable deal. [ both chuckle ] well, gotta go! but, wait, there's more! [ female announcer ] go to the website below today and get high speed internet for the unbelievably low price

of just $14.95 a month for 12 months with a 1-year price guarantee. it's all the speed you need at a great price. you can chill online at a park. here, pigie, pigie. [ pigeon coos ] and surf the web at your favorite bookstore. our internet at home includes access to the entire national at&t wi-fi hot spot network on the go. [ female announcer ] go to the website below and get high speed internet for just $14.95 a month for 12 months with a 1-year price guarantee. 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, everybody, on a tuesday morning. calm, cool, and collected out in san jose before the sun comes up. we'll tell you about your day ahead.

mike's got your roads. it's 4:56. two new jersey state troopers are out of a job after allegedly allowing 49ers running back brandon jacobs to go on a 100-mile-per-hour joyride down the garden state parkway. new jersey's attorney general suspended the two troopers after drivers complained to police. witnesses allege a caravan of speed, ferraris lamborghinis and others were racing down the highway with two police escorts last month. jacobs was reportedly driving one of the cars in that caravan. new jersey's governor called it, "a dumb thing to do." >> i'm glad nobody got hurt. i'm glad we're not talking about a bigger tragedy today than what we're talking about, which just is a dumb thing to have done that could have been a tragedy and could've hurt other people. >> the nfl reports an agent for jacobs says he was part of a group that did drive to atlantic city that day but was not sure if jacobs was in that specific caravan.

speaking of other giants after getting washed out on sunday, our giants strong double header on the road against the mets. showing a good day, getting out of a jam here. bases loaded, bottom of the fifth, grounded to burris, over to crawford, that's a double play. ended up taking the game 6-1. game two, pablo jacks it out of the yard, a two-run homer to put the giants up early in the first inning, taking game two by a final count of 7-2. how are the roads out there this morning? >> we're running those roads, as well as those bases were run right there. we're looking at construction which only happens if you're getting off the freeway southbound 101 at embarcadero road or to the north, san antonio. you can use university, oregon, you're okay and willow further to the south. we're okay along the peninsula drive. and the dumbarton, no construction registering right now. a live look to show you the

crossing over here. highway 92, headlights away from the peninsula, taillights toward the peninsula. and the sign talks about doyle drive. there's a closure going on this weekend, but overnight, as well, coming in toward about noon, you have construction through the area. plan on minor reroutes, as well, through the city as you approach the golden gate bridge. back to you. thank you, mike. well, this next story will jump start your taste buds. >> check this out. some talented bakers in key west, florida. yeah, that is a giant key lime pie. 7 feet wide. nice work. the recipe calling for more than 1,000 key limes, 360 eggs, 90 cans of sweetened, condensed milk. and 20 pounds of pie dough. are you curious? the pie was served up marking the 30th anniversary of the secession of the conch republic. i'm not sure of the significance, but i'll take one big slice, maybe a little a la mode on top. >> how many did it take to finish that bad boy?

>> i'd like to be part of it. a lot more coming up. still ahead, more bone yards, one of the so-called speed free killers reveals more areas where he says his victims are buried. and the san bruno pipeline that exploded and leveled a neighborhood has been out of service for more than a year. but that's not good enough for some residents. why they want the entire pipeline removed. and for all your news, weather, and traffic updates, i think you know where to find us, on facebook, just search nbc bay area.stit.

new this morning, oakland police investigating an overnight shooting that sent three people to the hospital, including a man who may have just been driving by the scene. i'm christie smith. coming up, hear what his roommates have to say. and if you were just starting to get used to the warmer weather, we have major changes on the way. rain in the forecast, whipping winds and cold