opened fire inside the theater in front of the crowd soon after the latest batman movie began to play. at this point officials say at least 14 people are dead, 50 injured, ten people died at the theater itself, four others at local hospitals. all of this video we're showing you coming in from the theater on the ground we do have chopper video to show you as well. the police chief says the suspect is in custody. he was arrested outside the theater. a gas mask, rifle, handgun and one more weapon was found in the theater. witnesses tell police he released some sort of canister and gas emerged. that's when he began shooting. officials saying some thought the noise and gas was part of the movie, some sort of special effect. local hospitals as you can imagine are overwhelmed by victims. some people said to be showing up by themselves on their own. the shooter has told police there are also explosives at his

apartment so police have evacuated that apartment complex as a precaution. aurora is on denver's east side 10 miles from downtown denver, 20 miles from littleton, colorado with 13 people were shot and killed at columbine high school in 1999. in the last 30 minutes we're hearing from the president. president obama was notified. he said he is quote shocked and saddened. again, at least 14 people dead, 50 injured inside a movie theater in aurora colorado, a 24-year-old suspect is in custody. i'll be in the newsroom gathering the latest information so you'll hear quite a bit from me. >> thank you very much. >> people of course have been reacting to news of the shooting all morning long, doing it on twitter as well. some comparing it, marla brought this up t columbine shooting.

those happening just 20 miles apart. >> as she mentioned president obama released a statement saying, quote, michelle and i are shocked and saddened by the horrific and tragic shooting in colorado. we are committed to bringing whoever was responsible to justice ensuring the safety of our people and caring for those who have been wounded. all of us must have the people of aurora in our thoughts and prayers as they confront the loss of family, friends and neighbors. >> new this morning, critical developments in a shooting that left a 1-year-old child dead in the city of oakland just rocked. that child was shot in his father's arm and all caught on video. this morning we're learning two men have been indicted for that crime and christie smith is live in oakland. she has all of the latee. good morning. >> reporter: good morning to you, jon. this was just an absolutely heartbreaking incident here in oakland. a 1-year-old caught in the crossfire in a shooting. now comes word this was tied to

a gang feud in that part of the city and that two alleged gang members have been indicted by a federal grand jury. and tied to at least two other shootings in oakland. that according to the chronicle this morning. the gun battle was last november, as you said it was caught on surveillance tape, the 1-year-old was among seven people injured when gunmen opened fire on a crowd outside of a west oakland liquor store. the group was filming a music video and someone returned fire. the toddler was hit in the head. the indictment named dyante huff and houston nathaniel. the charges murder, and racketeering all tied to a spree of violence. the horrible shooting death of the boy and two other small children in oakland moved police here to get help from the feds. the indictment was the result of

a joint investigation and one of the men believed to be tied to what they call the acorn gang was arrested after the shoot-out on a parole violation after a bag of cocaine was found at a home that he frequented. reporting live. >> reporting live from oakland. we'll continue to have coverage on that. it's 4:35. hours from now suspended san francisco sheriff ross mirkarimi is expected in a san francisco courtroom with his wife, an attorney for elian that lopez will ask a judge to modify a stay away order so that lopez and mirkarimi can have face-to-face contact before she returns to her native country. she has been there the last few months caring for an ailing father. last night she testified at her husband's ethics commission hearing saying that although he bruised her arm during an argument, she does not consider it domestic violence. after the hearing she expressed her hopes for the future. >> was great to see ross, and i

just cannot wait the moment we are going to be together. and i just looking for the day that i'm going to be just a cherished wife again. >> lopez is due back in venezuela on monday where we understand she is filming a movie. the ethics commission is expected to make its recommendation on whether sheriff mirkarimi should keep his job. >> caught on tape. now investigators want your help. here's the deal. what they do is try to track down thieves who are scamming apple stores and target stores across the bay area. look at this video. the surveillance video in the photos here, police believe these two men are connected to several burglaries east of berkeley. and in half moon bay. these men have also been using credit cards illegally at target and apple stores in emeryville and palo alto.

if you happen to recognize either of them you are asked to call the east bay regional parks police department. >> a south bay bank manager and her husband have pleaded guilty to defrauding a 97-year-old man out of more than $1 million of his life savings. the district attorney's office says instead of managing his financial affairs, christina bray and her unemployed husband bought cars, jewelry and even had liposuction. bray to be sentenced to six years in prison, her husband will likely get eight years. >> three more arrests have been made in what's called the largest child porn sweep ever in northern california. 15 people are now in custody, and we were there when the officers swooped in. more than 165 detectives took part in what's called operation chicken hawk. the effort to locate and arrest child pornographers. >> people that thought they were in the privacy of their own home unfortunately they chose to

trade child porn on line. that's happening through decoy operations where they trade with undercover police officers or federal agents. >> san jose police department is the lead agency in all of this, but the operation includes detectives from santa clara, mountain view, los gatos, the fbi and homeland security. >> are there questionable charges on some of your restaurant bills? san francisco civil grand jury thinks so. that grand jury investigated the health care fees local restaurants add to your bill and says it found some employers profiting from the practice. by law most businesses in san francisco must help their employees obtain insurance and many choose to do that using what's known as a health reimbursement account. employees draw from to the pay for medical expenses. the law allows employers to keep whatever employees don't use. in the report the grand jury recommends that restaurants no longer be allowed to add sur charges. >> according to our christina

loren it's going to be a warm weekend. you may want to skip the dip in the ocean. posted signs warning swimmers to stay out of that water at a couple of beaches. a 14-foot great white shark you see there spotted just about 20 yards off sea scape and at about 2:00 yesterday afternoon. that is a big boy. the shark apparently swam away but not before a pilot snapped those shots taken from the air. >> it was in the zone where people swim and play. hundreds of kids in the water and i was thinking to myself, let's make a bigger deal out of this than normal. people should know that he's there and if we can prevent something that's good. >> indeed it is. the warning signs will stay up over the weekend advising visitors that swimming, surfing and other sports are not recommended. strike up the jaws music. >> people should know that he is there.

let's check in with meteorologist christina loren. >> you know i had to finish that. good morning. we have a great looking day shaping up. the weekend, friend, it's upon us. let's take you out, show you what we're expecting. and what we're currently experiencing. 60 degrees right now in sunnyvale. it's friday, weekend temperatures are going to heat up. if you've been missing our summertime traditional temps we're going to get those back throughout this afternoon. good morn in fairfield. 58 degrees this morning. future cast tells the story of the day. we stop the clock at 11:00, look at this. mostly clear over the greater bay area. we saw the 70s return. today we're going to see the 90s in the warmest cities. make sure you're ready. grab that water bot le in concord. so we want to help you plan that weekend now it's here. i'll get to the seven-day forecast in my next report. first, let's check with mike and problems out there.

>> no problems but a couple of issue, one blocking highway 4, eastbound at love ridge. folks are slowing approaching that construction. you get off the freeway, back on so add two minutes to your eastbound commute. let's get south of there and look at livermore. eastbound 580 out of the altamont pass, there is a tire or at least part of a tire in your lanes there approaching vasco. i'll let you know about breaks but ch sprks going to take care of it. construction north of there on 680 to bollinger canyon road, and eastbound 580 out of oakland into castro valley a car fire has cleared but we see slowing approaching the scene, may be flashing lights were a distraction. no distractions past oakland and the coliseum.

back to you. pretty nice east bay drive. >> thank you, mike. >> still ahead we continue bringing you the latest on that mass shooting at a colorado movie theater. 14 killed, 50 injured. that's the latest report, that at a midnight showing of "the dark knight." >> a father who denied his daughter's gift from the make-a-wish foundation defends his position. you'll hear from him next. >> another security snafu ahead of the london games, why border patrol workers are going on strike.

>> welcome back. i'm marla tellez with the latest on the breaking news we're following out of colorado. if you are just joining us, a mass shooting at a movie theater in aurora has killed at least 14 people with as many as 50 others injured. a 24-year-old man is in custody. the police chief says he was heavily armed wearing a gas mask and had a rifle and at least two more weapons. he also alluded to having more explosives at his apartment. we got new video in to the newsroom of the apartment complex. s.w.a.t. teams have it surrounded. it has been evacuated. i've been watching this investigation and have seen one man as you can see here propped

on top of an armored vehicle with a pole reaching up to a top floor window, clearly they are searching for more explosives inside his apartment. back at the scene of the shooting. it happened at a century 16 theater at a mall in aurora. actually inside the theater during a midnight showing of the new batman movie. i'll be monitoring this story from the newsroom and also bringing you updates throughout the morning. >> thank you very much. a fluid situation there. we can tell you that fans, millions of fanned lined up to see this. that theater was packed as theaters were across the country. advanced ticket sales for "the dark knight rises" on pace to beat the avengers which holds that record for the highest grossing opening weekend. the final trilogy of the series. "the dark knight" easily the most anticipated film of the summer with people camping out at various locations before that first showing that went off at

midnight. >> an ohio father who refused to let his 4-year-old daughter participate in a make a wish sponsored trip to disneyland, world, rather, is speaking out. his daughter was nominated because she has been fighting leukemia since she was two. she beat the disease but is dealing with the side effects. mother wants her to take the trip but her father refused to let her go. >> she wants to go to disney and i'm trying to get her there and make sure it happens. >> she is now cancer-free. i wasn't completely comfortable with the trip they set up. >> the girl's father said the trip should go to someone who is terminally ill. the girl's mother says the father is just punishing the family which is going through a divorce. this morning on the "today" show he will defend his position. you can hear more what he has to say coming up. >> it has been a monumental week and now it's pay day for marissa

mayer. for that and the rest of the news before the bell we turn it over to bertha coombs. happy friday, bertha. >> happy friday, jon. we've got the futures this morning, not really showing much direction. the tech sector is likely to be fairly strong today, we had good results from microsoft and google after the closing bell last night. stock rose yesterday for a third straight session on the back of ibm's results after germany's parliament as well voted to back $122 billion package for spanish banks. asian markets didn't give us much direction. there is no data, we have some earning reports from ge with better than expected. the dow will start at 12,943 after rising 34 points, the nasdaq up to 2965. and it is a pretty big pay day for marissa mayer. she will likely see more than

$70 million over the next five years as yahoo!'s new ceo. her pay package reportedly has $1 million in annual salary, 2 million in bonuses and 42 million in stock options. the language of the contract which says that everything in her background is true and correct. you may remember the controversy over the man she replaced, scott thompson, fired from yahoo! for mistakes found in his resume. and also i wanted to update you if you have directv you can watch sponge bob. viacom settled their differences. the best day ever. >> my 3-year-old daughter will be celebrating. thank you for that, bertha. you're warming my heart. >> and you will as well. >> finally. >> got to keep the toddlers happy. keep them busy somewhere cool. >> not too bad. not too far off from our

seasonal averages. that's the great news if you want to get the kids to the beach. it will be comfortable. i can tell you it's not going to be hot at the beach, it's going to be a give and take. temperatures on par our seasonal averages means close to 90 inland, close to 80 bayside and 60s and 70s at the coast. for us today, that's not bad. you're not going to get that hot beach weather yet. i'll show you when. 58 in oakland, 58 in san francisco, 54 in santa rosa. 60 to start you out in san jose. we're getting the best summertime mornings, but it's been so cool each and every afternoon things start to change as we head into the weekend. a little coastal fog. by this friday afternoon, things are going to heat up by about 5 to 8 degrees and then the summer sizzle stays just about every day next week. we're going to talk about the 90s for four of the seven days on your extended outlook.

we've got low pressure just to our north, an area of high pressure that's going to build in. for us, that's a warming trend. that's going to set up the off shore flow for a couple of days, the stubborn low is not going anywhere. it kind of stalled out there. so look at this. 91 degrees by saturday, 94 sunday. and then you sta to drop off. so, getting a taste of our seasonal averages with a little more moisture, humidity in the atmosphere. back to you guys. >> 4:51. with a week now to go before the london olympics, there is more security trouble, this time at the airport. >> a little strategic timing. the union for britain's border guards called a one-day strike july 26 over pay and job cuts. the airport passport desk around london has struggled to cope and some passengers have had to wait hours to get through immigration. those checks there because of the staff shortage. the union has been routinely criticized for calling this

24-hour strike by conservative members of the government say it will have no effect on the games. speaking of the olympics, there is a good chance you may not know this. san jose state is a worldwide hub of competitive judo. >> a hot bed for producing olympians. this year no exception. 120 pounds, one of the best in the world. san jose state alum still lives in the south bay. a product of that university judo program. she is one of two women representing team usa. currently ranked tenth in the world, malloy one of about 60 bay area olympians heading to london. pretty exciting. we have more coverage of marty malloy on our website including a cool slide show. you can hear more from her san jose coach. >> some black belts to check out.

4:52. a strange signal in the san francisco sky. the curious message behind the cat signal next.

>> welcome back everybody. no, it wasn't a bad signal and no, it was not gotham city. there were bright nights over san francisco turning heads. the cat signal, that's right, went up over several cities around the world. this is part of an unusual

protest by a group called the internet defense league. this stunt was aimed at capitalizing on the new batman film. the internet defense league is a group of quasi internet crusaders whose goal is to protect online freedom for all. >> people from the tech industry coming together to say we believe in an open internet and if anything comes to threaten it we're going to stand up. >> it is kind of cool to look at. the cat signal was seen in cities along with san francisco, d.c., london, and new york. >> actually you got the message across very well. it's still early and friday. usually a little lighter. you have something. >> according to our pattern but i want to show you changes eastbound highway 4, slows a bit fast construction, closing

westbound, that might mean crews on the move. a little distraction. another minute or two and you should be fine for highway 4. westbound, debris off 580 cleared. we saw slowing eastbound, again the lights flashing, that's about the only thing going on for livermore. the south bay, construction not causing a problem. we'll get a live look at the bay bridge. smooth drive. back to you. >> a busy couple of weeks for this young lady. still ahead, the latest on the deadly overnight shooting at a colorado movie theater. police now say the number is 12, not 14 people have died there in that shooting. we'll have more right after this.

>> explosives, bullets and at least 12 people dead as a masked man begins shooting at an audience in a dark theater at a

midnight batman movie screening. thanks for joining us. it's almost 5:00. >> good morning. i'm jon kelley. here is the latest on the mass shooting, in addition to the 12 killed at least 50 other people were injured including children. right now the fbi, a bomb squad and team of police officers are swarming that movie theater in the town of aurora, colorado, that is nine miles east of denver. marla tellez has been all over this story tracking the developments. she joins us now. a big question, what did the police know about the man they have in custody they say pulled the trigger? >> jon, as you mentioned this is a situation that's very fluid. this is what we're learning. he is 24, currently being interviewed by police. the aurora chief says he was heavily armed when he opened fire inside that century 16 movie theater. he was wearing a gas mask and had a rifle,