campers caught up in flames overnight. so we have new details as firefighters work to get a handle on sky high flames. >> that fog is thickening up and our visibilities are dropping off at this hour. i can tell you it could be a rough drive over parts of the bay area. we'll let you know when the fog is expected to clear and what's to come for the all important weekend. your forecast coming up in a few moments. >> it is a tough drive, also the b.a.r.t. delay. the metering lights turn on early. a crash for the tri-valley. >> from the bay bridge toll plaza to a live look outside in the south bay, a little bit of a red hue, the hunt for red october i suppose on this thursday, october 24th, this is "today in the bay." it's 6:00 now. good morning. thank you as always for joining

us. i'm jon kelley. >> i'm marla tellez in for laura garcia-cannon. just in to our newsroom, pirates have reportedly attacked an oil supply ship off the nigerian coast and have kidnapped the captain and also a chief engineer. this is according to reuters. the u.s. flag ship is owned by an american marine transport guard. pirates attacked have eowe pirate attacks have jumped by a third. we are keeping an eye on this story and will bring you updates. >> i want to update you on news in concord. investigators looking into the cause of a massive overnight fire at an industrial park which also houses propane tanks. when firefighters arrived they found a lot of cars there already wrapped up in flames. this didn't take long to put the fire out because the building is mostly made of metal. the fire started a little before 11:00 last night. at this point we're not hearing

of injuries. >> b.a.r.t. riders planning to catch a ride between pittsburg and lafayette lines should expect delays. crews are getting ready to move one of the trains which is still sitting on the track after it was damaged by a fire. christie smith is live in orinda now at the b.a.r.t. station with a look at the efforts to get the train moving and the delays commuters are facing today. good morning. >> reporter: good morning. we do have some progress to report, that is that the train has been sitting here all night, well, in the last maybe ten minutes or so it pulled out of the orinda station on its own heading to the yard in concord. because it's still disabled it's moving about 5 miles an hour. one track is down so that means that the delays will build up throughout the morning. one of the big problems that firefighters were dealing with was that there was a power conductor under the train, a

box, 3 feet by 3 feet wide, it had to be cut apart with a torch. it fell from the bottom of the train, blocking all of the eastbound tracks here at the orinda station. this happened after the pittsburg bay point train started smoking yesterday. passengers had to evacuate the train. the problem now tracked down to the middle of the train. >> it was the fifth car in, and it's now sitting sut up on the platform with a bunch of wires, they are going to move that, clean up the track and get it open hopefully the estimate right now is in two hours. >> reporter: so, what's happening now is that they have a big piece of equipment trying to remove all of the debris that was cut up and left there. so again, two hours. get ready for delays. pittsburgh, and they are single

tracking around rock ridge and lafayette. they figure about three days to figure out what went wrong. they are expecting these delays to pick up throughout the morning. k >> confusion, outrage and heart break after a sheriff's deputy shoots and kills a 13-year-old boy carrying a replica gun. bob redell joins us in studio. a lot of details about the moments that led up to the shooting have not been released. >> the community of santa rosa is demanding answers but law enforcement has done a press conference to try to show us how deputies confused the replica for ak-47. that has not satisfied many who planned a rally at two events to demand justice in the shooting of andy lopez. >> one described as the subject was turning toward him the barrel of the assault rifle was rising up and turning in his

direction. the deputy feared for his safety, of his partner and the community members in the area. he believed the subject was going to hoot him or his partner. >> about 200 people made that call. you could see that was the santa rosa police person explaining how the shooting went down. this happened tuesday afternoon, two deputies were on patrol near a field when they came across the 13-year-old boy, andy lopez, they thought was carrying a real ak-47. it was a replica. according to law enforcement they have witnesses who heard at least one of the deputies order him to drop the gun. when he did not after they demanded two times apparently one of the deputies shot at the boy, hitting and killing him. two more rallies scheduled for

tonight, again the community is very upset about this. they think that in their opinion this is not been answered why this boy was shot, why those deputies, did not show restraint. >> a tough story. in the east bay now police are on the lookout for the driver involved in a hit and run crash just before 9:30 yesterday. a white gmc truck ran a red light at second and south l streets. the driver of the truck took off. no one was hurt. a witness followed the truck and was able to take this picture. so take a look. the truck will likely have significant damage on the passenger side. and the right brake slight out. >> soon have to move to oakland unless nurlss get their way. pediatric hospital units in

hayward will close november 17. and the young patients will have to move to oakland. the nurses association holding a press conference to immediate the media demanding better access for children in southern alameda county. the the higher ups say there isn't that many hospitalized in hayward and they will get better care in oakland. >> yesterday it took about a half day for the clouds to clear. >> thick. >> very thick. today it's cooler. how's it looking? >> we do have that thick fog. the same deal later today. the fog right now is not as thick at the surface. that could change so we're watching that for you this morning. this is downtown san jose. mostly cloudy conditions to kick off thursday, san francisco, plenty of low clouds. socked in. that will be the story for the

morning. between about 11:00 and 1:00 p.m. when we expect clear skies over most of the bay area and the visibilities will creep up. 1:00 p.m. talking mostly sunny for everybody. 76 degrees in the heat of the day, highs come in about 3:30, 4:00. 64 degrees. so a little on the cool side. we have changes headed our way. a warm-up and then we drop off. i'll show you how that looks on your seven-day forecast. >> you know, it's a changing situation. let's say it's fluid. better in spots. farther east on the maps we'll look here where things are better if you travel through dublin and looking at doherty. the motorcycle crash has cleared but it caused a huge backup. the rider was conscious and breathing when cane from the

scene. there is a backup out of almost and a lot of folks taking stone ridge cutting through city streets. expect that change in flow but 680 smooth as well. just past that orinda station, we have more folks hitting highway 24 heading over there westbound, that's because of the b.a.r.t. situation. they are single tacking between lafayette and rock ridge. reporting major delays for the line. showing you, concord and walnut creek, over to the caldecott tunnel. that resulted in a lot of folks hitting that about the same time. we'll get a live look, we see the backups that formed early as the metering lights were turned on early. more folks are coming out of

that area. just here north 101 at aches 80 toward about 880 is 55 miles per hour mark and that's typical for the morning commute. it new big deal. that's good for the peninsula and the south bay. >> coming up a bay area family forced from the only home they have known for 34 years. what's different about this that is prompting protests. >> a gun goes off at safety demonstration at a colorado school. what's being done to make sure it doesn't happen again. >> anger against the u.s. as determine knee anouss the nsa of spying on the chancellor. >> scott, mike and myself will toast a new ben and jer's fit for an anchorman. the one, the only, ron burgundy.

here are today's top stories. a b.a.r.t. train stuck on the tracks after catching fire yesterday is expected to be moved in the next hour or so. in fact, we're getting word from a b.a.r.t. spokesperson that the train is now making its way down the track so it should be entirely moved out of the way hopefully by 7:00 or 7:30. this happened at the orinda station. now the station is using one platform but hopes to have the second open by 7:00. the cause of the fire is under investigation. >> also this morning another fire investigators here trying to pinpoint the cause of this massive fire at an industrial park in concord. a lot of cars, a lot of trailers were destroyed. we're learning propane tanks were stored on the site as well. as of now no reports of injuries. >> later today two more rallies and a vigil will be held for the

13-year-old boy shot and killed by a sheriff's deputy. investigators say deputies thought andy lopez was carrying a real assault rifle when in fact it was a replica. >> in germany now the second country this week alone to summon a u.s. ambassador demanding a meeting over spying. >> scott mcgrew, they are angry. >> they are. summoning an ambassador, calling him on the carpet might be a way of putting it. germany demanding to meet with the u.s. ambassador after new revelations from edward snowden show the nsa tapped the personal cell phone belonging to german chancellor angela merkel. the white house issuing a statement after merkel called president obama to demand answers. the obama administration for its part said it is, quote, it is not and will not spying on merkel.

lots of people point out the white house did not say it had not in the past. president obama's relationship with germany has come a long way, kind of the wrong way since his tour of europe. you're seeing video coming out today, it is video by hollywood stars talking about the nsa scandal. they want to have a huge rally this weekend in washington, d.c. also we have live picture this is morning from the hearings in washington, this is over health ca care.gov, the website that did not work out. here you see the house congressmen asking questions of the developers. it is not work out well. california, by the way, does not use health care.gov. they use covered california. i talked with the developers on the phone from covered california, they say they share

no tech dna, no computers that share data between us and the national one. for lots of people they have to use it and are having a great deal of trouble. >> have to answer to it. thank you. as will ferrell gears up for "anchorman 2" we see more. >> the newest product a pint of ben & jerry's ice cream. the name, scotchy scotch scotch. it doesn't have alcohol. it's a butterscotch lover's dream. those who haven't seen the movie probably wondering why scotchy scotch scotch. >> i love scotch. i love scotch. scotchy scotch scotch. here it goes down. down into my belly. that is good. >> smoking a cigarette.

>> any excuse, talking about his favorite adult beverage. >> the official trailer was released yesterday so you can check it out. >> i would be willing to wait in line for that. >> doesn't surprise me. >> love that movie. >> stay classy, bay area. >> always. >> i love the part when she covers a cat fashion show. my favorite. we've got a good looking day. i get to cover those once in a while when i'm not covering the thick fog covering most of the bay area. the sun is going to be out, we'll have to wait for it just about as long as we did yesterday. it's going to be cool throughout and if you've been running your ac, no worry for today. we have thick pockets of fog out there. i want to show you san francisco. you have about 2 to 3 miles of

visibility. this is what that looks like. really thick this morning. old glory not getting much pickup. for fog, clear skies, calm winds, we're working with both above the thick layer of fog. that will burn off as we head throughout the day. it can sneak up on you. mike is tracking a couple things that could add to a slower than normal drive. later on today, what a beautiful end to the day. you make your way home from work, 76 degree, 68 in fremont. 65 degrees on the way. friday into sort things change. we're going to increase your temperatures by friday. sunday and monday look at the difference. from mid-80s into the upper 60s action then the mid-60s for tuesday. could be tracking very light shower activity in the north bay. mostly looking like drizzle and fog as we see a longer onshore

flow. here is mike. let's see if twlee changes. >> you know what, this morning commute never says the same. so the only thing constant is the change. all of the metering lights and the folks flooding the freeway sorting out to a backup. let me show you. a lot of these out of pittsburg, bay point, major delays for the pittsburgh bay point line due to the clean up. last night we had a b.a.r.t. train fire. they industrial to single track and that's creating problems for the line. the rest of the system is moving throughout the area. again the bp line is the problem as you head to the bay bridge and the maze. this drive sorting itself out after the early burst. no major problems for the east

shore freeway. north 880 at oak. let's show you live view action for the oakland camera into the area as we pick up the volume. southbound slow and approaching off the hayward side. peninsula not a problem. the fremont area down in the south bay, a smooth drive. close to the limit. low clouds. no problem. in the south bay we have look at that. 101, that's the build. >> thank you. we can tell you the 49ers, they are up all right and getting down to business putting in the game plan. they didn't have an early wake-up call. in undone it's 2:20 in the afternoon. it's business as usual at practice. the team all set to play,

kickoff 10:00 a.m. sunday morning. >> kaepernick claimed that he likes it because he's not recognized as much so it's easier for him to relax. talk about game one, went to the red sox. they beat the cardinals 8-run to take a 1-0 lead. >> dan boyle rejoining the team in boston more than a week after this fasty hit sending his face into the boards. expected to practice with the team but not expected to play. >> 6:21 a. school safety demonstration backfires as a police gun goes off. >> and the bay area family pushed out of their home they lived in for are decades. the twist in this case that has protesters pushing for a change in state law. really special.

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and some designer deals are so sweet you just can't say no. see the real deal. check out all the designers maxxinistas are scoring. t.j.maxx. welcome back. you may have seen this movie a. worker on set in the 2011 filming of chasing mavericks suing the production company. eric hatten injured his hip, back and ankle when the stairs on a bank of portable toilets gave way during filming in south san francisco. hatten says the company let employees use the stairs even

though they were broken. the company has not commented. "chasing mavericks" tells a tale of a young surfer chasing the monster waves near half moon bay. >> a family now out of their home after 34 years and they were trying to fight their conviction and did not win. the examiner reporting the lee family living in a hotel now. the family had been holding out for about a month at their low rent after they were evicted. the act allow s -- the eviction have shot up 81% in san francisco over the past year alone according to the city report. an attorney for the lee family says the family will be getting thousands of dollars in relocation costs from that owner. the community organizers will be protesting what they call the eviction epidemic on the steps of city hall that goes off at

11:30. >> a school is open after a bizarre shooting at a safety event. three children were injured after a child pulled the trigger on a police assault rifle at neuman elementary school in chino. the ar-15 was on a rack attached to a motorcycle like you see here which hat been on display in the school yard. the bullet hit a protective metal plate which shattered sending shrapnel in the crowd. two students were treated at hospitals, another at school for cuts and scrapes. all rifles have now been removed from department motorcycles and the incident is under inveigation. >> huge blunder letting a loaded weapon, a rifle being in the range of kids to get their hands on. still ahead, bikes on b.a.r.t. r(t&háhp &hc we'll tell you about with new details about today's decision that could make your commute more crowded. >> more trouble on the tracks

believe it or not for the embattled transit agency. we'll tell you about the train fire that blocked a section of the b.a.r.t. track for hours in the east bay. >> we want to show you live pictures this is in sanford, florida the train derailment. you can see the car flipped over on its side. they have equipment trying to dig out the mess that it made. one person right now presumed dead. we're continuing to work on information as this story develops. in sanford, a train has derailed.

>> a b.a.r.t. train moved aside after blocking a section of track overnight. we'll tell you why it's still sitting there and if your morning commute will be impacted. >> a live look right now at highway 101 east palo alto. why more digital billboards like the one you see there shining brightly near ikea could be

popping up on this part of the peninsula corridor. >> there you have it live in new york city and the new york stock exchange, inspired md inspiring the day. to the nasdaq. they bring it in and bring down the confetti that is citycon doing the honor. the weekend is near. feel the good vibrations on this thursday, october 24th, this is "today in the bay." >> good morning. thanks as always for sticking around. i'm jon kelley. >> i'm marla tellez. laura is off today. we begin with breaking news in the east bay. cars, trucks and propane tanks all burned when a vehicle storage building went up in flames. investigators say it's not the first time this location has burned but they are trying to figure out what happened. when firefighters got there about 11:00 last night it didn't

take them long to put out the flames because the building is mostly made of metal. it's unclear if anyone got hurt. >> sad story here this morning, a memorial growing for a 13-year-old boy who was shot by a sheriff's deputy in santa rosa. the investigation right now just getting started. there is still not a lot we know but people who knew the young man, they are waiting for answers and there is outrage and frustration going on. coming up at 6:50 bob will have an update on what investigators are looking at today. >> to continuing coverage of last night's fire on a b.a.r.t. train. in the last hour that train has been moved off the tracks and the cleanup is causing major delays. this here, this is a picture we just got in. our cameraman was allowed on the tracks to see the damage moments ago. you can see crews have a lot of work ahead of them. the station is down to one

platform. this is in orinda, causing major delays on the pittsburg bay point line. take a look at these pictures. smoke pouring from under the train during last night's commute. just after 6:00 they could see smoke and smell something burning. the fire started in the semiconductor box on the under side of the fifth car, that box is a 12 to 1600 pound piece of equipment. >> today the b.a.r.t. board recognizing those two b.a.r.t. workers who were hit and killed by a train on saturday. the board will hold a special meeting at about 10:30 this morning recognizing christopher sheppard and lawrence daniels who were both standing out on a stretch of track when they were hit and killed by a train. the national transportation safety board is trying to figure out why the workers didn't move when the train approached. protesters expected to be

outside calling for criminal charges against b.a.r.t. managers and bosses. >> the board will discuss a number of other issues including the 10 ta dif deal on the table with employee unions and a vote on whether to make 24/7 bike access on trains a permanent poll sixt b.a.r.t. has been testing the policy. back in may the b.a.r.t. board voted to lift a ban on bikes on rush hour trains in a five-month trial period. >> we get you back out to action in sanford, florida. this is a train derailment, we have a helicopter pictures here, you can see the train has flipped dumping its cargo. one person is presumed dead. we'll bring you more as we get it. >> we want to keep you back in the bay area and look at all of the fog that's outside. that's what you can expect when you head out the door. meteorologist christina loren, it's a colder day. >> it is. it's chilly this morning.

good morning to you. still tracking some thick fog where you see this white shading we have thick low clouds. the only fog that's reducing your visibility right now is up in santa rosa and san francisco where you are down to a mile and a half to two miles of visibility. also down here in san jose, 2 1/2 miles visibility at this point. same for gilroy. let me show you. you can see mostly cloudy conditions and temperatures are pretty chilly. 53 degrees now in oakland. 55 in sunnyvale and 53 in san francisco. 40s up in the north bay, throughout this afternoon temperatures are going to climb from the 40s and 50s where we are now into the 70s and that's it. we're not expecting 80s for today. highs work like this. 76 inland by 4:00 p.m., 70 degrees bay side at the coast 64 degrees with pretty significant changes headed our way. and we head to the weekend we warm up, then drop for next week. also we're going to take a peek at what we can expect for halloween coming up. let's check that drive.

you have a traffic alert, two at this point? >> things are changing. there's always something but the big deal around the san mateo bridge we'll focus on the view. we see a nice drive and we can see the high rise so the fog is not as thick as yesterday. mostly isolated to the north. we'll watch those low clouds. on the maps you see a big volume of traffic moving over to and along the peninsula. the dumbarton bridge at the bottom also moves. it's on the hayward side we want to give a warning that southbound 880 at wiple road there is a crash blocking one lane. we've seen this slow down the last five minutes and we have a crash at 92 and 880 on the southbound side. that's your commute direction, making things worse between hayward and southbound. so we'll watch that as it continues to build. a standard flow but we're watching this arrow marking the path where the b.a.r.t. train

would take you. they are singing tracking at the orinda station. they are still cleaning up after last night's fire. more folks are hitting the roadway. slowing between the orinda station over toward the maze. pretty smooth at the maze a. new crash causing problems for 880. we'll end with a quick look at the toll plaza. the lanes looking standard but watching for a change. >> mike, thanks so much. palo alto could break with tradition to approve plans for a digital billboard along highway 101. the city is reviewing a plan that would stall this on city owned property along 101. here is a map to give you perspective. the city says the bill board could bring in $1 million a year according to the report on the project the city could change its rules so that this would be

the only digital sign allowed to exist within city limits. we can give you a live look at the traffic along 101 in this area, palo alto and east palo alto on the other side. the next closest digital sign across the street in east palo alto. you see that lit up. some drivers complained that these signs are distracting and increase the risk of crashes. >> still ahead a car flies right in the air off a freeway and into a family's back yard. >> he did a flip or something. our shed is completely gone. >> crazy. how the family reacted when they saw the destruction and also we'll tell you how the driver managed to escape the scene. would look like john stamos.

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breaking news in fremont. police are investigating a shooting, possibly prompted by road rage. this happened mere mission boulevard and brown road. one person has been transported to a trauma center. their condition right now at this point unknown. but we have a crew on the way to the scene right now and will bring you updates as soon as we get them. >> a shed and home gym are in complete ruins after a suv flies off a los angeles freeway and right into a back yard. the family was in the home in downtown l.a. when they heard the crash. when they walked out they saw

the crushed vehicle and their back yard littered with debris. >> i just see complete destruction. the car, i guess came off the road, hit our fence, went through our gym, and somehow ended up against like our shed. like just a flip or something i don't know. but our shed is completely gone. >> the driver was heading southbound on the 110 when it flew off of the roadway. the driver ran away from the crash, jumped over the fence and got away. >> crazy. >> i'm sure police are looking for him. >> coming up, car gutted as an industrial yard burns big time. where firefighters found themselves battling the flames. >> another transit problem for b.a.r.t. how a nighttime fire is affecting this morning's commute. >> we'll have a live report from washington as well where software developers face tough questions before congress over

the healthcare.gov debacle. >> we're tracking thick morning fog. you can see reduced visibility. we'll let you know when the fog will clear out. we have a cooler day headed our way and then a warm-up this weekend. we'll show you the seven-day outlook in moments.

happening now, b.a.r.t. riders planning to catch a ride on the pittsburg bay point line in the san francisco direction i should say should expect major delays. a train which was still on the tracks after it was damaged by fire is now on the move but at a very slow pace. christie smith is live in the orinda b.a.r.t. station with a look at how the efforts to get this train moving and the delays the commuterings are facing. >> reporter: good morning to you. very slow paced. five miles an hour to get the train to concord where it needs

to be. we have new information for you, earlier we checked in and hearing two hours to get that track cleared out. here with me this morning is alicia trost. she says we have good news. >> we have good news as of 6:20, both sides of the platforms are open and both tracks are open. we were able to get the train out of the way, it's at a concord yard and trains are moving in so we're in service restoration at about 6:30 we were 20 minutes delays, some had 30 but it's only going to get better now. >> can you walk us through what was it that happened. the train was smoking yesterday. >> the reason it was stuck overnight is our crews had to take a 1200-pound motor reactor, which is an electrical component to the train, and take a blow torch to it and cut it into pieces so it can be removed from the track. then we move the train out of the way and special equipment had to clean it up. it's going to take three to four

days to determine what happened. we're not sure if this was the cause of the smoking but part of the chain reaction of this disabled train out of service since 6:00 last night. >> thank you. the good news is we're on the comeback. so as she said, both tracks, both directions actually open again. we heard earlier it would take much longer so good news for the morning commute. reporting live in orinda, christie smith, "today in the bay." >> much better news for the morning commute. thank you. >> all right. christina loren is along at 6:46 to tell us you were saying earlier this week it's like pea soup fog. what now? chica chicken noodle soup? >> a lobster bisque fog. it's thick in spots. it's one of those mornings you want to give yourself extra time. the fog doesn't stay stationary. it depends where you're headed. the better likelihood of running into the thick fog if you are

headed toward the coast or around the inner bay. you can see where we're in white, that's where we're talking about low clouds this morning. and they are thick. it's going to take a while to burn off the top layer. through about 10 to 1 when we expect clearing. down to the south bay we're even working with really low visibilities here. 2 1/2 miles, 3 miles in gilroy. so this is what 2 1/2 mile visibility looks like. can't see very far ahead but you can see the highway. and the tops of the buildings in san jose. this is san francisco where we have lower visibilities and is going to keep your temperatures at bay for the first part of the day, in the 50s and low 60s until about 11:00 a.m. after which we'll see the fog burning off. count on flight delays. thickest burning off between 11:00 and 1:00 and travel cautiously especially if you are taking the little ones off to school. throughout the day temperatures

will climb nicely, in mid-70s. 76 degrees in livermore. 69 in santa teresa and 70 degrees in san jose. here we go. i know what you're thinking about. the weekend forecast. it looks good all across the bay area. saturday into sunday, holding on to mid-80s. comfortable conditions around the bay. mid 70s. low 70s at the coast. >> looking at the drive, it looks pretty g. looking here throughout the bay area, mostly green but a couple of trouble spots. first of all the south bay we have things starting to build north 101 from capital expressway and 680 all the way over to 85 where you have a big slowing at 85 and 87 due to an earlier crash. there is debris in lanes and there may be crews we'll track that. as you come down in through fremont we have an issue. there is police activity mission boulevard. around the extended stay hotel. we're tracking that. that is the cut between 680 and 880. it sound likes mission is flowing but we'll follow you and i get updates from the folks out

there. south 880 slow because of two crashes, one at wiple, another at 92. but that means more backup off 238 in toward hayward and union city. astro valley y, that slowing on 880 as well as northbound out of downtown complicating some things. we had a crash at the over crossing. we're starting to see recovery for speeds but there is a slower drive approaching the toll plaza, oakland, 880, westbound 580 is all right but more hitting the road as they heard about problems for the b.a.r.t. system. as christie heard, the tracks are cleared, they are using both sets now so you should have recovery for the line and traffic for 24 toward the bay bridge toll plaza. the backup holds toward the berkeley curve. another live look, back to the maps, down to the san mateo bridge with the smooth traffic flow over the bridge, now the

live look as you see coming off 92, this is the volume they are getting. that green should turn to orange soon. back to you guys. >> now we want to update you on the breaking news in fremont where police are investigating a shooting possibly prompted by road rage. this is happening near mission boulevard and brown road, as mike mentioned this is the cute over from 680 to 880, near there. one person we understand has been transported to a trauma center and their condition is not known. we do have a crew on the way to the scene. we'll bring you updates as soon as we get them. >> right now more breaking news to update you on, this time from concord. investigators looking into the cause of a massive fire took place at an industrial park which also houses propane tanks out there. when firefighters arrived on scene they found a lot of cars already caught up in all of the flames and this was at a storage yard off of concord avenue. didn't take long to put the

flames out because the building is made mostly of metal. the fire we can tell you started a little before 11:00 last night, at this point we're not hearing injuries. >> 6:51. this morning confusion, outrage and a plea for more answers in santa rosa after a sonoma county sheriff's deputy shoots and kills a 13-year-old boy who was carrying a replica gun. bob joins us in the studio. many details about the moments leading up to the shooting haven't been released. >> you are correct. good morning to you, marla. law enforcement has held a news conference to try to show us how deputies confused the gun for an ak-47. that has still not satisfied some people in santa rosa. new video in this morning from the scene where people continue to leave flowers and candles. some plan to rally tonight at two events to demand justice in the shooting death of

13-year-old andy lopez. about 200 people making the call last night. wanting to know why a deputy did not show restraint during his encounter with the 13-year-old boy. the deputy shot lopez tuesday afternoon near a field in santa rosa after he and his partner thought lopez was carrying a real ak-47 assault rifle. turns out it was an air soft rifle that shoots plastic pellets. law enforcement compared the two weapons holding up an ak-47 and the replica on the left which you would notice is shorter in length. >> i saw the boy with the rifle in the left hand, and i'm telling him throw that thing away. police were behind. >> the police were two sheriff deputy who ies who came across . they have witnesses who heard at least one of the deputies ask

lopez twice to put down his weapon. >> as the subject was turning toward him the barrel of the assault rifle was rising up and turning in his direction. the deputy feared for his safety, the safety of his partner, and the safety of the community members in the area. he believed the subject was going to shoot him or his partner. >> only one of the deputies shot the boy firing his weapon seven times we're told. lopez was declared dead at the scene. though this involved sonoma county sheriff deputies santa rosa is investigating which is normal in a situation like this. >> a lot of questions still to be answered. today the coroner's office in kern county confirming a woman from concord was killed in a crash near bakersfield. maria anderson was driving with four passengers on interstate 5 driving in button willow. for some reason she lost control of the car and it flipped over. she died at the scene.

the four others suffered injuries but did survive. >> we are learning the san francisco muni bus involved 18 deadly crash last week was missing an important safety feature. a bicyclist was hit and killed on friday. the chronicle reports the bus did not have a, quote, people catcher, in front of its rear tires. and the device is designed to push people who fall under the bus, out of the path of its wheels. did it have the mounting equipment for the equipment but it's unclear why the people catcher was missing. >> police in pleasanton releasing images of the man they say held up a comerica bank on monday. police say this man who sin his mid to late 40s showed that teller handgun, then demanded money before taking off on foot with an undisclosed amount of cash. witnesses describing the man 6'3" to 6'5", weighing between 230 and 250 pounds, and he is

using a bad french accent to try to disguise his voice. at the point of the robbery he was unshave within a light colored mustache and short brown hair. >> 6:55. three people are under arrest after police in the south bay recover $250,000 of marijuana. milpitas police say they found about 100 pounds of pot growing in the backyard of a home on olympic drive near highway 680. the grow operation was discovered earlier this month after police received tips that marijuana may be growing there. each person was charged with cultivation, possession and sale of marijuana. >> we heard it before done for alcohol but how about this. a marijuana breathalyzer test. that mighting down the road for california drivers, something police officers they say at this point they would have to have this if the state legalizes pot. officers they say they would need a way to test driver who is may be marijuana intoxicated but

right now there's really no & there are for dui. marijuana advocates they say at this point it's impossible for a real test to determine and figure out the appropriate limit but sunnyvale police, they say law enforcement would turn to sacramento for answers. >> it won't be as effective in determining enebriation because there is such a varying mode of consumption. >> that would be up to the legislature based on scientific research they would have to take into consideration to determine is there a base level in a person's breath under the influence of marijuana that would warrant a driving under the influence conviction. >> california may be seeking legal marijuana actually trying to legalize marijuana i should say on that 2016 ballot. lieutenant governor gavin newsom is leading a panel to look into the issue. >> hearings are under way in the house to try to find out why

americans are having so much trouble signings up for affordable health care plans. >> scott is here to tell us about it. the website healthcare.gov has not worked out well. >> no. there is an urgency for americans on this. the law says everyone in america has to have a health care plan of some sort. doesn't have to be through the government marketplace but if you don't you will face a fine. so you are looking at live pictures from the house of representatives and hearings into what went wrong as one of the software developers answering questions. lots point out this is where the republicans might have gotten traction against the obama administration, instead of threatening not to pay america's bills and shutting down the government. healthcare.gov, the website having so much trouble, is not for californians remember. we use coveredcalifornia. i did speak with some of the engineers from covered california, going over the

technology. it's -- they know, i understand, the two sites jon and laura, totally separate. while california's site did have some problems and it's under the same law, the affordable health care act, the two sites are unrelated on anything and they are not sharing the same technical problems so we're a bit off the hook compared to some of the other states that are using the national site. >> covered ca.gov. >> talking about healthcare.gov. pull it down, then get it right instead of struggling. christina loren has a look at the weather outside. friday eve. >> friday eve. good morning to you. i want to show you different perspectives across the bay area. this is san jose. mostly cloudy, you get more fog up the peninsula, you can see that from the san mateo bridge. into the city you might have to use your windshield wipers because the fog is thick and we have drizzle thl morning. later on full sunshine action 76

inland. bay side 70 and 64 at the coast. let's check your drive. >> we're looking here toward the south bay. we still have reports of debris in lanes and distraction because of that earlier crash. 280, 85 all starting to show that build. south 880 starting to recover but we have investigation at 92 and so slow through hayward. there is your approach to the bay bridge, there is a stall around highway 13 out of the tunnel. we have a little build and there is the east shore freeway. back to you. >> a final check of the top stories. a b.a.r.t. train stuck on the tracks after catching fire yesterday now heading to the repair yard. a spokeswoman telling us right now the orinda station is using one platform causing delays in the sfo direction. >> fire investigators try to pinpoint the cause of this massive fire at an industrial

park in concord. several cars and trailers were destroyed. propane tanks were stored on the site. una querida profesora de a beloved massachusetts teacher remembered last night as authorities as a community search for answers about the student accused of killing her. stunner. michael skakel granted a new trial after his murder conviction. and the next christian grey. a knew actor cast in the new 50 shades of grey. thursday, october 24th, 2013.