it is day four of that standoff at a mall in kenya. we're getting conflicting reports of what's happening inside. security forces say they have the upper hand, but militants are offering a much different picture. plus -- >> on the fact that they left him there to die it's just -- i can't even understand this. >> a man beaten near his home after asking a group of teens to quiet down. the latest on efforts by officers to track down the attackers. >> and commuters standing in line at a casual carpool stop. what police are saying about possible suspects. >> a live look at san francisco. it's tuesday, september 24th, this is "today in the bay."

good morning everyone. it's 4:30. i'm scott mcgrew. >> i'm marla tellez. obviously laura and jon, they aren't here. they have the morning off. we have a lot to get to. let's check that forecast with meteorologist christina loren. good morning. >> hey, we're all family here. we're one big happy family "today in the bay" looking good for you and your family as you make plans what am i going to wear? you want to think two separate parts of the day. this morning we're starting out pretty crisp. 56 in gilroy, sunny in concord, livermore and oakland for the time being. throughout the day it's going to be a warm afternoon. not as warm as yesterday. then we're keeping the chance for showers in the forecast. we'll talk about that coming up. first, i want to say good morning to another family member, mike inouye.

brother mike. >> i mean you know, related by marriage, i think. i used to have blond hair in high school. looking toward the bay bridge. the westbound commute direction, around the bend there is a construction crew on the lower deck approaching treasure island. not a problem out of san francisco. we'll give a look at the peninsula where volume of traffic, the light volume northbound. southbound you see one set of taillights. the flashing lights to warn you about the construction. no problems as far as speeds. 101 in san francisco, possibly a crash. i'll follow up with chp and bring you the latest. >> we begin with the latest developments on that hostage situation at an upscale mall in kenya. there are conflicting reports of who is in control of the situation and whether hostages are actually being rescued. another burst of gun fire was heard coming from the west gate mall in nairobi.

a twitter post says it is still holding hostages alive inside the mall and fighters are holding their ground. but kenyan authorities say they now have the upper hand. kenya's foreign minister claims that two or three americans and a british woman are among the attackers. >>. >> u.s. officials are looking hard into allegations americans are among the attackers at the mall. they say they will not know for sure until all of the attackers are identified. the names provided so far are not on any terror watch lists. officials say they do know americans have fought with this group before. >> it could be very likely there were americans involved in this attack because there's a significant number of them that have gone over there to be trained. >> u.s. officials say the group has been recruiting hard in minnesota and about 20 americans are believed to be fighting in somalia with al shabaab. at least 62 people died in that mall standoff. >> out of oakland, an innocent

bystander is dead after a car crash, police say two people shot at a home and car at 82nd last night. officers say the suspect's car then crashed into another vehicle on bancroft avenue. the person in the car that was hit was killed. officers arrested two suspects for vehicular manslaughter but have not released other information about the case. christie smith talking to police right now and she'll have an update in a half hour. >> we also have breaking news out of east palo alto where the search is on for a gunman who fired at car full of people early this morning. police found the victims on university avenue between running meade and bell streets. this is a couple blocks from the ikea store. three people were in a car when another vehicle pulled up behind them and suspects in that vehicle started shooting. two people were hit but their injuries are not serious.

police say the suspects were driving a why newer model toyota cam ray. >> a group of high school students are responsible for a brutal attack that left an east bay man in a coma. 51-year-old david lamont was attacked outside of his pleasanton home on middleton place near livingston off sunol. the father of two went outside after midnight saturday morning to ask some people to stop being so loud. when he did not come back inside his wife went to search for him, found him unconscious and bleeding in front of the house. investigators now believe the people responsible are high school students from several different schools including two in pleasanton. police have not yet arrested the students. the victim's wife still in shock. >> it's just so, so horrible and so cruel. and the fact that they just left him there to die, it's just -- i

can't even understand this. >> lamont remains in the hospital this morning in critical condition. >> police are looking for three robbers who held up commuters at casual par pool stop in oakland. investigators say the commuters were waiting at hudson street near college avenue in the rock ridge neighborhood. witnesses told police bat 9:00 yesterday morning the armed robbers walked up to a handful of commuters, demanded pursings, wallets and back packs. police say the men drove off and in a silver honda civic. officers brought three men in for questioning but so far no word on arrests. >> 49ers linebacker alton smith has reportedly entered rehab. nfl.com says smith will miss about a month as he gets treatment. the team put him on non-playing status yesterday. says it will only bring him back if he is cleared by doctors. smith was arrested for dui friday after police say he crashed his car into a

homeowner's front lawn in san jose's silver creek neighborhood. it will be up to the nfl to decide if smith will be suspended or fined for that offense. that likely won't happen until after the case is settled in court. smith's first court appearance scheduled for november. >> santa clara council will start talking about the parking shortage at the future home of the 9ers. last week it was revealed the team is about 5,000 parking spots short, that's led to speculation that the city will relocate some youth soccer fields and pave them over to make up the difference. local soccer leagues are unhappy and so are environmentalists. if the soccer fields are moved they will likely be placed in a nature preserve which would require wiping out thousands of plants and trees. >> plans to build a civic center taking a big step forward. the the santa clara county board of supervisors will decide whether to approve a proposal submitted by two california firms to develop the 55-acre

campus. the center would be built near the intersection of west younger avenue and north first street in midtown san jose. it would include more than a million square feet of government space and incorporate the former city hall building. >> you can call them the comeback kids. team oracle lived to race again today in the longest ever america's cup finals. race 17 and if needed 18, are slated for today after oracle won its fifth consecutive race against team new zealand. both have eight wins. today's race would have been a winner take all but team usa was docked two points before the competition which means they need three more wins while emirates seem stuck on one. you can watch at 1:00 on cozi tv. 186 and on air 11-2. >> the question will be the wins. can the winds sustain a good

race today. >> maybe too good. maybe just too good when it come as to that wind. it is going to be strong out there. boy, they are closing that gap. three wins now and they are all tied up. 60 degrees in oakland. 58 in sunnyvale. 60 in san jose to start. wind is going to be the story. so much wind today that we have really rough seas developing out there. and rough surf. we're going to talk about that in my next report. your hour by hour forecast, stop the clock at high noon, temperatures pretty comfortable. 5 to 8 degrees cooler than yesterday's highs overall and you'll see the biggest dichk out in the east bay valleys. 69 degrees in livermore bat noon. 68 in fremont. temperatures staying nice and steady for today. not above 80 degrees for most cities. fairfield might hit 80. look for a comfortable day in los gatos and not a lot of separation in santa cruz.

micro climates, yeah, they're out there but not making a big impact on temperatures today. big impacts coming our way, though. we have rain in the forecast, i'll tell you who might need to bring that umbrella to work tomorrow in my next report. first, i want to check on your drive. not a lot of fog but it's breezy, mike. >> good morning. you know the breeze makes for a nice view. but let's look at the golden gate bridge. not a lot of fog. you can see the lights all the way across the span to the marin county side. a nice easy drive. they get ready ta move the cones. the map shows you out of the north bay, no problems on the city streets, a little build as that will happen over the next hour. heading into and out of san francisco. the giants play the dodgers today so watch for that after work. earlier crash south 101 there at silver past that 280 interchange, chp cleared that from the reports, but it hasn't been what's called filed so there may be something else going on. i'm going to call them.

we don't see slowing and we don't see problems yet but i'll let you know if chp has anything further. san mateo bridge, you can see the high rise lights as well. a clear view across the san mateo and the dumbarton bridge to the south. >> thanks so much. >> 4:41. facebook looks like it's trying to enter the banking business. moves by the company. >> the president preparing to address the u.n. general assembly in a few hours. we'll tell you the big issues he is expected to talk about. >> and california finds out just how much money it will get after a mortgage settlement with america's three major banks. what it means for homeowners in the bay area.

welcome back. two men now facing charges in connection with a mass shooting that injured 13 people in chicago including a toddler. police say the men in their 20s are both charged with attempted murder and aggravated battery. neither is actually believed to be the triggerman. the pair is expected to be in court today. 13 people including a 3-year-old boy were shot last thursday in what police believe was retaliation for an earlier gang shooting in the area. police are still looking for the

gunman. >> in a few hours president obama will deliver his address of the united nations general assembly in new york. his address is expected to concentrate on the syrian crisis and touch on the violence in kenya. almost 200 heads of state will be at the u.n. for one of the most highly anticipated general sessions in recent history. one of the reasons all eyes are on president obama as leaders wonder if he might share a few words or a hand shake with the newly elected president of iran. up to this point two have only traded letters. >> later in the day president obama will team up with former president bill clinton. the two are scheduled to appear at clinton's conference to talk about the new health care law. in one week people who do not have health insurance can start signing up for coverage through obama care. >> menlo park's facebook rolling outnew mobile payment and the debt ceiling making investors

wary. bertha coombs is live with the details. good morning. >> hey, good morning. futures right now are mixed after stocks suffered modest losses on monday. the dow and s&p 500 posted a three-day losing streak as invest terse reacted. officials this morning issuing an interview with mr. dudley from the new york side who says we could see taper in 2013. we're waiting for clarity from washington on the debt ceiling impasse that vote could go to sunday. we'll get data on home prices and consumer confidence. the dow falling 49, the nasdaq at 3765 after slipping 9. chrysler's filing for an ipo four years after being bailed boit the american people. the move is a result of the ongoing feud between fiat and

the trust fund how much to value the trust fund's stake in the company. even when a deal does happen, it would be the first time since 1998 that all three big u.s. automakers would be publicly traded. facebook is quietly rolling out a new mobile payment feature. it will let users automatically enter shipping and credit card information into their devices. for now the auto fill feature is partnered with a few retail apps, facebook introduces it gradually to its one billion strong network. it's going to get to the point you can't do anything without facebook or google. i can see them having a big rumble to see who is going to be supreme. >> yes, and it will keep us employed. 4:47. >> search teams in colorado have accounted for all but six people reported missing in the devastating flooding that tore through the state almost two weeks ago. the floods killed eight people.

vice president joe biden visited the area yesterday and promised federal aid would continue even if the government shutdown goes into effect. damage from the flooding estimated at $2 billion. >> let's check in with christina. >> good morning. we're just getting so spoiled. and we're going to keep that going for the next couple days. i don't think anybody complained about that rain that we received over the weekend f. you lived here you know we need those storms and we took a healthy chunk out of the deficit. some cities made up their entire monthly rainfall totals just from that one event on saturday. we're talking about the potential for more light showers as we get into the next couple days. your current temperatures, mostly in the 60s. and hey, we don't really think we'll see a lot of activity to the south of the golden gate bridge and the bay bridge as we get into this wednesday. that's the best chance for the

showers. we are watching for is the system moves in is some high surf to continue to kick up and hey, this means that it's kind of dangerous to be out at the beaches. you have to watch for the rip currents. the buddy system is always good. you have an extra pair of eyes on you. this is what we expect. winds gusty for today, 10 to 20-mile-per-hour sustained speeds, and they are going to be gusting to 25, 30 miles per hour from time the time. tomorrow we expect the most significant wind gusts, 17 to 40 miles per hour and also because they are dry northerly winds we'll see an increase in the fire danger through wednesday. then on thursday, winds drop off a touch. we expect rough surf at the beaches. it's our first big swell of the season so keep that in mind. don't turn your back to the ocean. if you want to head out there, enjoy those beautiful waves as they come crashing in it's going to be comfortable. today and tomorrow looking pretty good. though it will be a little cooler than yesterday this is the reason. area of low pressure to our

north. this is what's going to bring in showers as we head throughout tomorrow. i want to give you a taste of what we're expecting from this area of low pressure. we stop the clock for you at 9:00 p.m. on tuesday, mostly clear conditions, we're going to hold on to the clear sky about all night long. then as we wake up tomorrow another round of clear skies, by 4:00 p.m., things change, expecting a little rainfall in the north bay and the east bay. most of this will fall apart before it makes its way over the south end of the bay area. not expecting anything here in san jose. nonetheless enough to get a better round of air quality as you head throughout your thursday so looking good there. highs today looking comfortable, 77 in livermore, 67 degrees in san francisco. keep that chance for a stray shower for wednesday. we warm you back up to summertime levels even as we get into the upcoming week. the good news is as well if you did want to hit the beach we're going to see the swells decrease friday, saturday and sunday. high surf until thursday. back to you for now.

>> we'll meet you there. all right. closing arguments expected to begin in the negligence lawsuit filed by michael jackson's mother against the concert giant aeg live. after 21 weeks of testimony, jurors must decide who is responsible for hiring dr. conrad murray. murray is already serving four years in prison for involuntary manslaughter for giving jackson a powerful drug to help him sleep. if jurors find aeg negligent they will determine damages. aeg says it did not hire the doctor and jackson's own negligence contributed to his death. jackson's mother catherine says aeg was the one who drafted murray's contract. >> three large banks have fulfilled their obligation to provide $18 billion in mortgage relief to california homeowners. the settlement penalized bank of america, chase, and wells fargo for signing fraudulent foreclosure paperwork.

under the agreement the averages provided $2.5 billion in aid. mortgage relief was provided in the form of principle reductions and short sales. >> it's 4:52. from bitter rivals to teammates. shaquille o'neal's new team as he makes the jump from player to owner. >> a local team coming home, world record holders after the latest red bull flugtag. >> fremont, an easy drive. no problems for 880. we'll check out the south bay and the tri-valley.

the sacramento kings turning to a former foe for leadership. the team will officially announce today former l.a. laker shaquille o'neal will become part owner of the kings. no word on what percentage he'll own. but o'neill joins the team espn dubbed the worst franchise in all four of america's major sports. he told usa today and i'm quoting worst is at the bottom. which means you can't get no worser. and there's no such thing as worser, which means we can only get better. shaq is already in sacramento for the announcement. hours ago california's ann brown posted this photo of an apparent post-dinner work-out. >> check this out. a peninsula team who entered the

red bull flugtag is coming home. the chicken whispererers sailed 258 feet over the harbor on saturday winning the competition. they also set a world record. the contraption was built in palo alto. every year red bull has the competition for flying machines that may or may not fly and then run them off the edge of a 30-foot pier. the team that flies the farthest wins. it was held at at&t park last year, i think it was. >> i missed it. one of those you find out the day after. man, i should have listened to mike inouye and his weekend plans. >> you remember bob, he did it. >> he rode a cable car. not exactly the most aerodynamic. >> if your friends dove off a pier would you? if your friends drove the limit, yes. that's good news. let's look at the map.

the south bay moves smoothly. no problems. typical construction, 17 at 280 at the connector. a smooth drive to the tri-valley. we'll end with a look at the north bay with your southbound 101 commute here, easy flow. back to you. >> 4:57. we continue to follow a pair of breaking news stories. two teens shot on the peninsula. police are trying to figure out if it was road rage. >> and california firefighters working through the night try and contain a new wildfire. we have an update on how things are going.

>> reporter: a crash overnight in oakland claims the life of one man. i'm christie smith. coming up i'll tell you why police think this could be tied to another crime. that story coming up. >> reporter: two people shot while driving down a street here in east palo alto. i'm bob redell. the search for the gunman

continues. >> and good tuesday morning to you. i'm meteorologist christina loren. what a pretty day we have in store. temperatures tumbling from yesterday. the wind's going to pick up. i'll let you know what that could mean for today's america's cup race. the races continue. >> so does oracle. we're looking at traffic getting into the city and across the bay. we'll bring you the latest for the bridges coming up. >> how about a live look at san francisco right now. you can see the new span of that bay bridge. i still haven't driven across it. you did, mike, over the weekend. on this tuesday, september 24th, this is "today in the bay." good morning. it's 5:00 on this tuesday, i'm marla tellez. >> i'm scott mcgrew. jon and laura have the morning off. to the latest on that hostage situation at a shopping mall in kenya. conflicting reports right now about who is in