new this morning, we're learning more about the driver and the two victims involved in that horrible car accident in walnut creek over the weekend, plus we could have a first court appearance as early as today. i'm christie smith. we'll have that story coming up. also the end to the search for a missing college season from the east bay. plus defending himself. san francisco's suspended sheriff prepares to turn to the public for once again make his case for keeping his job. we give you a live look outside. that is the hp pavilion on this monday, september 10th. this is "today in the bay."

good monday morning, everyone. i'm jon kelly. >> and i'm marla tellez. laura has the morning off but christina is here with a look at the forecast. >> good morning, you guys. we've got a great-looking week shaping up. we're skill on the cusp of fall, enjoying summertime. we get some of the best readings all year long. we're starting out nice and crisp, it's mostly clear even in san francisco, headed towards the 90s. then we get a little mini heat wave. 4:31. let's see if there's any problems on the road. well, we have some early morning overnight road work. the flashing arrows moving you over one lane to the left past the coliseum heading into downtown. i see flashing flights coming toward us on the southbound side. there may be crews that are moving over the next few minutes but between the coliseum and the downtown area, you'll have that construction. the map shows you yellow speeds

dip down to the 60s, lower 60s, i should say. 65 is the speed limit. an earlier accident has cleared from 580 eden canyon, much better through that area. leading things off this morning, one woman dead, another fighting for her life at this hour and a driver behind bars. there's where things sthand morning after a horrific accident on a walnut creek sidewalk. >> this morning the driver and one of the victims have been identified. christie smith is live in walnut week with the latest and some new information about the victims. >> reporter: good morning, mar lachlt yeah. that 53-year-old driver could be in court as early as today after that horrible accident where we're standing here in walnut creek. a mother on vacation from southern california to see her son was killed. there are some flowers outside this morning. the driver lost control. his truck wedged in between a light pole and a planter outside the marriott hotel on saturday. now, according to the "contra

costa times" 52-year-old sherri hicks was on the sidewalk. she was killed in the accident. she was actually thrown, we are told, at least 80 feet into the median here. she came to visit her son and his new wife who had moved here for work. the wife was actually with hicks at the time. she was hurt and taken to john muir medical center. witnesses describe a horrible scene. >> the young girl, she was laying down and her head was all bloody. and she was conscious. i was kind of looking. and then another lady came to me and she said that the mom is dead. >> the 53-year-old man was arrested on suspicion of vehicular manslaughter. the truck so smashed up they had to cut it open to get him out. police are still looking into a number of things in terms of

exactly how the accident happened, how fast the driver was going and whether drugs or alcohol may have played a role. reporting live in walnut creek, christie smith, "today in the bay." sadly that massive search for 20-year-old brett olson has come to an end. a fisherman finding his body. thousands of volunteers manning a week-long search for olson and a massive social network push kept his name in the news. a vigil for the victim will be held tomorrow night at olson's alma mater. we will have much more on this story coming up in a live report in our next half hour. 4:34 right now. milpitas police are looking for the person who gunned down a 7-eleven clerk. the shooting happened at a store on north milpitas boulevard around 2:00 saturday morning. that's just blocks from milpitas police headquarters. investigators say when they arrived, they found the store

clerk with a gunshot wound. police have not yet identified the victim. they also haven't said anything about a possible motive or suspect description. a public memorial being held for a chp officer killed in the line of duty will be held thursday in vacaville. the chp officer was shot during a traffic stop on 680 in alamo last week. the memorial service will take place at the mission church in vacaville at 10:00 a.m. on thursday. law enforcement officers are expected from all across the state. meantime the fairfield community continuing to raise funds in support of the fallen officer's family. hundreds of people descending on jump highway in fairfield to honor officer youngstrom. the trampoline park held a silent auction and donated all of sunday's profits to his wife and four children. >> losing a father and having four small chipper, i just can't even imagine where you start when you wake up in the morning. so it's -- every bit will help.

i know money can only do so much for the family but there's a lot of things kit help. >> he was so young. the 37-year-old died wednesday. he was taken off life support one day after being shot. jump highway will continue to accept donations for his family in the coming weeks and donations are also being received at any mechanics or wells fargo bank. this morning emotions are still raw after a memorial ceremonies marking two years since the pga explosion in san bruno. san bruno held a memorial. the ceremony featured a moment of silence and a plaque on a newly constructed recognition sculpture at the park but a number of neighbors who survived the disaster chose to hold a separate ceremony at the actual site of the explosion. at both ceremonies, many say

there are still too many questions. >> we're still scratching our head, why? it was preventible. it happened. can we go on? we have to. can they improve? they better. >> the mayor says the city is still discussing placing another memorial plaque in the crest moore neighborhood but ants to wait until all the construction and rebuilding is complete. today suspended san francisco sheriff ross mirkarimi will try to make his case to keep his job. he is expected to tell a crowd that he's sorry for the heated argument with his wife that led to the domestic violence charges, but he feels the incident has been overblown into a political witch hunt. mayor ed lee suspending mirkarimi from office after mirkarimi pleaded guilty to misdemeanor charges. the san francisco board of supervisors expected to decide within the next month whether mirkarimi should lose his job permanently. it is 4:37. as we wind down summer 2012, we

get ready for a little heat wave. christina loren, how's it going? >> yeah, it's a back to work, back-to-school monday. you want to dress your kids for the two parts of the day, as it is crisp out there this morning, but we are going to jump from 50 degrees in livermore right now to 90 in the heat of the day. so, yeah, that's a 40-degree spread. make sure the kiddos are ready as school is back in session now. 57 in oakland, 52 in sunnyvale. temperatures are going to be comfortable today. however, we do have a little bit of drizzle. that's what we're expecting as we head through 7:00. we'll see the fog roll in. it's not going to last very long. look at this, completely clear over the great irbay ari -- gre bay area. santa cruz 72 degrees, 90 in livermore, 70 in san francisco and 81 in san jose. we do have changes on the way. a mini heat wave, as marla

alluded do. let's check your drive. >> we have a slight rise in the road, the high rise from the san mateo bridge. on the hayward side, a smooth flow of traffic but south 880 at whipple or dire there's an accident just before you get to that interchange. you may see accident activity moving to the shoulder. a little slowing so far at the scene. i'll bring you details as chp gets there as well. no problems as you head through the south bay. 237 shows blips of slowing as well. only down to 60 or 55. a light flow of traffic. live looks for palo alto, shows things are moving nicely at 101 and continuing up across the golden gate bridge, a smooth drive this the other direction heading toward us from the north. christina talks about fog coming in, we're tracking that as well. >> thank you very much. it is 4:39 right now. oakland mayor jean quan showing some love to local teams all set to kick off a spirit week.

all week long oakland residents being encouraged to show their love for the a's and the raiders. the oakland loves its sports teams campaign is designed to let the teams known they are, quote, irreplaceable civic treasures. both teams currently considering moving to other cities. the third pro sports team, the warriors, have committed to moving to san francisco when their lease is up. tonight mayor quan will join raiders fans at a tailgate party before they take on the chargers, monday night football. the 49ers new stadium will not be completed until 2014 but 49er faithful grabbing those season tickets. fans have already purchased $670 million of seats and luxury boxes. 70% of the current tickets and ticket holders have paid to keep those seats. officials say no pro sports team has ever sold as many seats as the niners two years before the

opening of a brand new stadium. that's nice news, on top of the niners big win against the packers. >> 30-22. i know. 4:41. we are expected to see the new iphone 5 later this week but details are already leaking out. and also talking taxes. the latest stump statements as president obama and mitt romney continue their push to november's election to the white house. also, fire fears. the latest update as california firefighters face more than half a dozen major fires this morning and what they say has them worried. have you heard of the new dialing procedure for the 408 and 669 area codes? no, what is it? starting october 20, 2012, if you have a 408 or 669 number, you'll need to dial 1 plus the area code plus the phone number for all calls. o.k.,

but what if i have an 408 number and i'm calling a 408 number? you'll still need to dial 1 plus the area code plus the phone number. so when in doubt, dial it out!

welcome back, everyone. it is 4:44 right now. in napa, a new piece of a 9/11 memorial being unveiled this afternoon. it has four glass panels and it will bear the names of the victims of the september 11th attacks. the panels will ultimately be part of a large memorial on napa's main street that will feature a garden and a sculpture made from steel that was recovered from the twin towers. meantime in pennsylvania this morning, the secretary of defense will visit flight 93 national memorial in shanksville. park officials say they have seen a boost in attendance and will break ground on a new visitors center next spring. united flight 93 was flying from newark right out to san francisco here in the bay area

when it was hijacked. passengers aboard that flight fought back. ultimately they crashed that plane into a shanksville field, killing everybody on board. many of the those passengers were from the bay area or had families here. 4:45. happening now, thousands of firefighters are battling nine major fires up and down the state. one of those fires is near cow mountain. the so-called scots fire has burned six and a half square miles. that's almost the size of san francisco. gusts of up upon 40 miles per hour overnight have not helped firefighters gain the upper hand. about 300 homes are still evacuated and authorities are warning residents to beware of unhealthy air quality from the smoke today. the federal reserve board meeting this week to talk about what else it can try to do to stimulate the economy. for a look at what's likely to come out of that meeting and the rest of your news before the bell, we turn it over to simi

live at cnbc world headquarters. good morning. >> reporter: a very good morning to you. let's start off with the markets. futures are slightly lower after the markets come off another positive week. that's despite friday's disappointing jobs report, which showed that the economy created just 96,000 jobs in august. unemployment fell to 8.1%, but that's partly due to fewer people actually looking for work. the attention now turns to the fed this week, as you pointed out, which meets wednesday and thursday. more economists now believe the weak jobs data could push the fed to launch another stimulus program. we do get data out today on consumer credit so expect that to be a market mover. the dow rose 14 points to close up 13,306. the nasdaq inched up just a fraction to close at 3136. looking over to tech world, apple's new iphone is expected to be leaner, meaner and faster. the "wall street journal" reporting that the device which will be unveiled wednesday will

be run globally on the it e! network. that will help it catch up to rival samsung but it's unlikely that all wireless carriers, including at&t, verizon, sprint, t-mobile will be able to offer lte. back over to you. >> thank you very much. and meteorologist christina loren joining us on set to talk about the week ahead in terms of the weather. >> yeah, last full week to wear your summer wardrobe. well, if you want to be seasonal, i don't know. we don't always play by those rules because sometimes in february we hit the triple digits. let's go ahead and take you outside. that's the great part about being in the bay area. it's never consistent but it's always pretty nice. 49 in concord, 49 in livermore and 57 in oakland. as we head throughout the day today, that sea breeze will kick in so your evening plans out on the patio, it's going to be so nice out there. high pressure still in control but we do have a nice onshore

flow so we'll wake up with quite a bit of cloud cover right at the coastline. no low clouds expected to push inland but we'll be watching for that this morning. this is what we're expecting as we head throughout the day today, return of the 90s. we had that full deck of clouds all the way into livermore and san jose yesterday. not going to be the case this morning. because of all the sunshine coming in early, temperatures are going to be warm. 89 degrees in fairfield, 90 in livermore. 81 in san jose, 85 for santa rosa and 80 degrees in redwood city. seven-day outlook shows you a mini warmup but not until the end of the week. temperatures will only climb into the mid-90s. i'm talking about livermore and concord. here in san jose we'll touch on the low 80s just about every sing dale this week. san francisco, you're going to see plenty of upper 60s and 70s. right now in san francisco you're getting some of the best weather that you get all year long. clear start for now. we'll let you know as the fog continues to develop and

thickens up. >> okay, thanks. now to decision 2012. president obama is back in washington, d.c., this morning while mitt romney is planning rallies in the key battleground state of ohio. over the weekend, the presidential campaign focused heavily on jobs and health care. the president telling the crowd in florida that romney's tax plan just doesn't add up. >> you already have deficits. you add $5 trillion of new tax cuts, $2 trillion of new defense spending and somehow you're going to close the deficit without raising taxes on middle class families. >> contrary to what the democrats are saying, i'm not going to increase the burden to middle class families. meanwhile new numbers prepared to show the president got a bit of a boost from the democratic convention. he is now four to five points ahead of romney. speaking of the president,

we're learning he'll stop back here in the bay area before the big-time election. details still being finalized but we know president obama will be here on october 8th. this one is a fund-raising stop, no shocker there. his eighth since april of 2011. now, the president will be -- his visit will be similar to the one back in february when he met with small high-end donors at the knob hill masonic center in san francisco. it is 4:50. membership has its privileges. the petaluma little leaguers getting to meet one of their heroes. >> it's good to be good. and the raiders getting some help, some big-name help to convince fans to get to tonight's game early. they'll be putting it down. and over by the home of the raiders, we're looking at road work. nothing iced on your commute but we'll show you what the latest is.

hey guys, can i get next? here you go kid. hey aren't you. yep. vogelsong and posey did you check the rating? the rating? yeah, it's simple. always check the rating symbol on the front

and read the content descriptor on the back now that's a good call. thanks guys. ahh son, i don't think this game is for us. maybe you should get this one. this kid can play. [female announcer] for more information, visit esrb dot org. welcome back, everybody, on a monday morning. this is a shot over san francisco. looks like there may be a little cloud hanging there. christina loern says it's going to get nice and warm out there. enjoy it out there, 4:53. the london 2012 paralympic games wrapped up. 27-year-old shirley riley who lives in los gatos won the women's wheelchair marathon on the game's final day. earlier she had earned a silver and a bronze on the track. meanwhile last night's closing

ceremony included a fireworks display over olympic park. this year's paralympics game were the moest watched of all time. the raiders getting the big national stage opening up against the chargers at the coliseum. this one is going to be star-stustar star-studded. how about this guy, ice cube, will be performing tonight, putting it down there. big raider fan. he once wrote an anthem for the franchise. he's also doing a lot of movies these days. the show is an inventive to get fans to the game early and get through the metal detectors. the nfl is requiring at all stadiu stadiums. tonight's game is sold out so there should be a lot of long lines. in addition to the prrerformanc

by ice cruz bustamanube, gene s sing the national anthem. meantime the niners off to a 1-0 start beating the packers last night in fwrb but the buzz about one leg, one kick, david akers tying an nfl record for the longest field goal. how about that, a 63-yarder, feeling the magic! he loved it. didn't pull a hamstring. it pinged as it hit the post. harbaugh went nuts. three other people have also done this. the little leaguers from petaluma continue to bask in the glory of their third place showing at the little league world series. they attended a pizza party, courtesy of giants pitcher matt cain. >> nice guy. >> cain stuck around for photos and signed autographs. this is during the weekend.

a few of the little leaguers named cain as his favorite baseball player and cain said he was a huge fan of the team. how exciting. >> that is awesome. they were killing some deep dish pizza. that stuff looks good this morning. they should have. lots of protein in that mix. 4:56. >> i wasn't used to seeing matt cain with all that green and gold there. we'll take you to the home of the green and gold, the a's over here, coliseum, traffic moving smoothly past the flashing lights. the map shows you the zone i'm talking about just north past high street. the construction crews just clearing. a little further north, 24 through orinda, your typical construction zone around the caldecott. and heading away from the toll plaza and the maze, the east shore freeway has that construction as well. with a quick look at the san mateo bridge, westbound is moving smoothly despite the report of a disabled vehicle somewhere along the span.

you were just talking about the maze in the east bay. now a corn maze in canada is showing off its high-tech twist. the maze measures seven acres or 312,000 square feet and the design is meant to be a qr code. for those who don't know, qr codes have shown up on virtually everything from pamphlets to cereal boxes and can be scanned with a smartphone with an app to get more information about the product. this corn maze qr code can be scanned as well. it is located in alberta. the farm is famous for its annual corn mazes but this is the first time it's gone with a high tech theme. >> when i see those big mazes, i think of "the shining." it appears the honeymoon is over. what a new poll says. on. introducing at&t u-verse high speed internet with more speed options, reliability

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a tragic end