w this morng a man is found shot to death in san jose overnight. what sheriff deputs areaying about the crime this morning. >> and confusionver the new b.a.r.t. contract, we'll tell you about the new sticking point that b.a.r.t. says could be a >> what are you doing here in san fransco? >> going toe batman. >> yeah,he's going to be batman all ght. bat kido the rescue. thousands of volunteers pitching in right now to make a little boy's dreamome true. >> that's right. san franciscoransformed into gotham city. i can tell you as you look over the ty it looks like it need as super hero. can't wait to see that full moon

out there. friday, november 15th.on this this is "today in the bay." it is 4:31. good morning. thank you for ining us. i'm jon kelley. it's friday, time to check the forecast wh meteorolost christina loren. >> indeed we made it we did it together. thanks for wakin up with us there because weost all of the low clos from yesterday without alanket of low clouds it's going to be a cold start to the day. havevhave a pretty nice finish. then the rain moves in. we'll detail that i theull forecast. firstike inouye. >> good morning. we'r struggling through here, 880 not a problem. easy drive norbound with the let's look at the maps.um. this stretch swing north thereof and might have a road

crew. typical for overnight construction and westbnd 0 as you pass by fruitvale there could be a crew. past hhway 13 so far you're ne up toward 980 andhe rest of the maze. the aroach a light flow. friday we expect a lighter this has bee a tough wee so we'reatching for a slow drive. back to you. >> thanks, mike. the breaking news, sheriff deputies iestigating a deadly shooting, it happened in east san jose a it was le last night near the corner of south white road and wood hav dri a f blocks awa from james lick high school. marla tellez is live at the active crime scene. she is good to get an update from one of the deputies out there. good morning, marla. >> reporter: behind mehis is the crime scene taking place here on sth white road in the parking lot of the market. in fact, the body is still out the. 's covered of course this morning but it's still ere.

looking atrime scene technicians. throughout t parking lot there's plenty of gs. each tag marks a bit of evidence so they are still canvassing the area trygoigure out what ppened. this manas shot at least once, pronoued dead at the scene just before 10:00 last night. joining me now is curtis with the santa clara sheriff's department. what do we know about ts homicide? >> at approximately 100 last night we received 911 calls of shot fired in the area of south white road and ckner. deputies arriv and found -- they are rendeng life saving measures to e victim. he had been shot at least once. he was pronounced dead at the scene and at that point declared a homicide scene and we're investigating. it still very early, six hou into the investigation. micide investigation, interviewi witnesses, canvassing the are and we' still out here working on t

crime scene. >> you mention a wpon was not recovered and in fact, not even a suspect descripti as of yet. >> that'correct. we don't have any susct description or infortion at thispoint. we have not recovered a wpon at the scene. we're hoping that the investigation ll be able to get more information and deteine what happened. there is one car left inhe parking lot,t's the white toyota camry? >> i'm not sure wha the relationsh is. hopefully as we'll learnore about how that -- where there is a relationship. >>great. thank you so much andhis i want to mention that this is the third homicidehat the sheriff's department is and the coron hn't even been call out yet so that is- they are going to be out here at least a couple more hours as he said, 's early in this investigation. live in san jose marla tellez, >> still a lot of work to be donen that. thank you very much

>> it's 4:34. the b.a.r.t. board of directors to talk about a meeting with a newly approved contct. they will discuss the family leave portion of the contra. b.a.r.t. says six weeks of family leave is not supposed to be part of the deal. but it' in the contract. >> ability to be away on famil leave i believe for six weeks, and have that id. that was negotted out of the but it's somehow managed to be in there. >> union lders say b.a.r.t. management is trying to go back on their agreement. b.a.r.t. says it coulde a dea breaker dependi on how much it cost. the board will take an official vote on the contract next week. >> the 16-year-old boy from oakland aused of lighting another teenager on fire is expected to enter a plea in court this morning. richardhomas n stas arged as an adult with a hate crime enhancement. he is accused of setting

18-year-old sasha fleishman's skirt on fire. sashadentifies as gender, neither male or female, we can ll you sasha suffered severe leg burns during that attack. ♪ powerful than ha, a message a lot of people sent out last streets to honor sasha.e friends and family to the location wherehe attk happened. sasha's paren say the march was plaed as a sw of solidarity and provide a teacble moment for the community. >> ts is reay about letting people b who they are and not bein afraid of that. i think there's a lot of fear of the other, of anything fferent. >> we can also add here that

sasha, a berkeley high school student, doesemain hospitalized in stable condition. this morning police in cupertino hope a new sketch will help catch a man accused o sexuly asslting a woman on the deanz campus. this is what they say h looks like. the vtim told police she interacted with the m in the past. she thinks he goes by the name of johnny. this happened last week in a the woman say a man burst int her stall and asslted her. >> new details on the search for a san franciscoollege student now missing over a week. witnesses reported seein 24-year-old derek in san jose. they told police he looked confused. faly says he does not have a he was last seen walking to a bus stop in the bay view strict last ursday. cellhone recordsraced his phone to three different areas that afternoon but there has been no aivity since.

>>his afternoon some good news llowing a bad situation. soh bay school getting back dozens of ipads thanks to the grocery chain donating 31 of the app gadgets t river glenn elementary school in san jose. parents at theschool, they raised money for two years to purcse the ipads,hen somebody ripped them off along with 31 mac books from the technology roo last month. unfortunately one school is getting the gadgets bac a new theft, another san jose school getting bron into, thieves got into aocked classroom in the willow glenn neighborhood a happenedver this past weekend. locked up everything properly. >> happening now, san francisco transforming into gotm city. you can see the bat sign up therand it's all to make a little boy's dream come true and a big timewish.

this is vid of that bat symbol outside of therand hyatt hotel. >> tonight nearly 12,000 people will be on hand to witness a young cancer patient but he's going to save t city. he has leukemia and he told me a wish he wanted to be auper hero. today with the hel of thousands of voluntrs, miles will suit up as a b kid and fight crime. >> what are you doing here in n francisco? >> going to be batman. >> super hero. he likes to be a super hero, he is one i our minds. >> wha makes him a sup hero? >> he beat an awful disease. >> ler today batid will be called on rescue adamsal in

distress. cover bat kid's adventures.as we we'll checkn this morning about all of the preparions, the volunteers to make this dreacome true. the little man's bat kid getting suited up. you se the look inis eyes. it warms your hafrmt i love the fact that me a wish can do these kind of thgs. >> l's check in with meteorologist christinloren. e the cape to keep him warm. >> it's going to be nice. it's chilly but san francisco, kind of resembling gotham city with an almost fullmoon. it's going to beull over the weekend. mperatures going to beool engh for a coat all day long so bring your cak or whateve keeps you warm. we're looking toward temperatures in the 60s everywhere, we're n goi to see exception as to thatrule. as we head throughout the nex coupleays major changes. yes, we're going to see rain showers start to move in on saturday in the north y, then as we head throughout next week

we've got a good shot of rain across the bay area so. for the weekend, cooler with isolated showers, looking pretty good. rain next week,'ll show you live.this means for where you we'ltake a close look at that in my next report. i want to say od morni to our own super hero oftraffic, mike inouye. >> thank you, thank you. citizens, all quiet w. looking toward the golden gate bridge, a very nice view. much clearer than yesterday. foat bay w. over the bay an easyrive for the golden gate. heading to the north bay we'll look at s rael. we had tubleeeing this shot, right now thwe have a smooth dre there all throughout the north bay. as we look at the maps,loser to the peninsula we had fog but today we'reooking good. in the south bay no problems. we haveonstruction for 87 north of the downtown area. again, not unusual for this stretch and no unusual speeds either. the trialley a gentle build

out of the altamont pass. nothing below 60 as far as the map is concerned. back to u. >> thanks somuch. >> 4:42. stillhead on "today in t bay," a vote that could change the health care law. how ts is dferent than what the president oposed. after waiting to get their hands on the newest pl station. to those who've waited... worried... pokeand prodded... taken risks... d lived in a state o "what if?"... weome to a new state.. of health. welcome to covered california. the place to find qualy, affordable coverage.

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>>an award winning journalist facing prisonime for protecting sources is in the bay area today. the bush and obama administrations demanded james ricin reveal who gavim secret infoation about the cia or go to prison. but the new york times reporter is fighting that demand. campuses about the governmt prosecutg the press. last night he says he is fighting to ptect the right to ow what its goverent is up to. >> t press h told,s exposed

viually everything. the american public would know almost nothing aut the way the war on terror if it wast for he the press. a federal appeals court recently ruled risen must give up his source he is preparing an appeal tohe u. supreme court. together to vot on a bill that would allow people to keep their choice.surancelan of their thbill was introduced by fred upton of michigan. it wou permit insurance companies to grandfather in existingolicies even if they fall srt of coverag standards laid o in the affordable care act. that is different than what companies extend canceled health plan for one year. his administration cannot fce insuranceompanies to do tt and some have said they will t. >> a lot of happy gamershis morning. play station 4 went on sale and we're sure a lot of people boughtone.

probably still are. peopleining up yterday morning. play station 4 is sony's first new gaming system in sen years. that's an eternity in the world oftech. the ability to easily edit and share videos o your achievements in th game. the play stion 4ells for $399. >> comcast reptedly planning to start selling movies through its cableboxes. comcastwns our station. we turnhings over to btha coombs live at cnbc world adquarters. go rning. good mornin they own nbc as well. rt of our family. taking a look now the futures according to higher start t dow and s coming off again new record highs yesterday. stks ercoming early losses after d chairman nominee janet yellen struck a tone testifying before congress telling lawmaks she would maintain today we'll be gting data

ahead of the open on import prices, industrial productio and business inventories. the dow at 15,876, after risg 54 and the nasdaq getting close gaining 7.,000, at 39, as mentioned comcast is selling movies dectly thrgh its cable boxes. the company wouldffer new leases, older titles and some tv shows from itsenu which currently only oers rtal. comcast is expected toake it available sometimeime on a that woulde about 20 million househol nation wide that could ve access. digital sal are more profitable in general. rentals out $5 a piece a a sale afterovie wld be near $20. living social wan to make

amends. the daily site suffered a 40-hour outage caused when data base crashed and a backup faed. the compan will run special promotions. today 25% off local and travel deals. saturday and sunday it drops t 15% and the code for theeekend ll be weekend 25. seems le ithould be weekend 15. i guess youknow. >> you bring up a good pot. >> it's a nice effort. >> they need bertha coombs in the marketing department. >> more r everything >> hav a great e. thanks. >> i want t check the forecast with meteorologist christina loren. you got the temperatures now. >> i do. you knowwhat, we made it tthe weekend, happy fday evybody. and temperatures e chilly to start the day. 've got a nice looking second half of the day with almost uniform numbers across the greater y area.

i want to start with yr hour by hour forecast for emeryville, about noon at 60, 6 at 4:00 p.m. don't want to wai for the day forecast y no lonr have to. we've gothat scrolling here at the bottom of your screen we he two opportunities for ra. we head throughout the mning hours let's talk about what's going to happen today. santa ana wind the weather ory. througut this afternoon we ha a weak disturbce coming throh that's going to kickp intense wind. it will be t most feared along getting theranges and reds so keep in mind is a blustery no rain just yet. we'll talabout what not to but here is your microclimate forecast. find your region on ts map. cupertino65, 6 in belmont. along the peninsula and in the south y, north bay looking so here is where we're headed

when it com to showers. first oprtunity arrives througho early morning saturday. we're goi to close the window for any st of rain by about noonnd not expecti much then a better opportuni bridge. tuesday into wednesday. back to you. >>e're talkingcrab. commercial crabbers are pling in the boxes. they areeeping busy for our enjoyment. marking e official srt of yesterday.ropped theraps it is the first year of the ste wide crab pot limit. out of state boats would wipe out the populaon. under the new rulations the boats are lited to 5 traps. >> startingut in the butter. 4:51. ill ahead, bay are sports

teams. >> check these out. if not we'll show you highlights, a lookt the oracle arena. the warriors cam from behind. the strongest teams in the nba. >> not sit dramatic south on th nimitz. free d't moves freely. we'ltalk about the rest of the community and what we're eing coming up.

happy friday morning everybody. the time is 4:54. give you a liv look at the oracle arena. feeling themac. fans probably still up dancing around after last nighs great finish. beatinone of the besteams in e nba knocking out kevin dura and the oklahoma city thder. les look at somef the highghts. the warrrs putting their record on the line against the thunder. look at that. two seconds t go. this is actually the thunder going up early. loed likehey had it locked up. from the corn, two seconds t go. ane the giant making it happen. this is one of the toughest shots in basketball. falling away from the corner. nails it as thtime expires. thunder go down, warriors win i 116-11 vibration going saturday nigh >> anoer thrillero tell u

about, this time on the e. the the sharks down by one against the canucks. rookie sensation, he scores to force overme. and in the extra period dan sharks win 2-1.game winner. theyake on the oilers tonight. thatlace will be rocking. >> the entire b area last night just groovin for sports fans. i stayedp late and watched the basketball game. also worth the effort, this guy. >> mikinouye. forth.h of tse games back and onhe peninsula, what i did nd as you look at the taillights at the top of the scen, conruction zone toward embaadero and the crews are not there so no lanes blocked. up out of mountain view,nd in fact a light drive along the peninsula, getting thr no problem for 84, the dumbarton bridge. san mao bridge a tiny sldown. not a big concern.

you're below the speed mit. and a tiny patch of fog through americananyon. you see the orange north of vallejo, that's about it for highway 29. >> thanks, mike. still to come on "today in the bay," we're folwing breaking newn the south bay. an ernight homicide investigation. >> taking cameras out of prol . cars. we'll explain after thbreak.

we're following breaking news in east san jose where the nta clara sheriff's department is investigating a homicide, a man shot and killed last night. the investigation continues. i'll have the latt coming up >> a lighter drive starting out but we have a new incident for

san jose. we'll show you what's going on as fars the guadeloupe parkway coming up. >> safe toay thiss a super wish come true. wel let you know how thousands of vunteers are coming together to give thisoung canceratient real life super hero powers. that smi is powerful. >> take overothamcity. we take a live look outside. we're ready for him, friday, noveer 15th, this is "today how you dog. good friday morning. anks for joining us. it's 5:00, i'm jon kelley. >> i'm laura garcia-canno we begin with an update to breaking newssheriff deputies aron the scene in east san jose investiting a deadly shoong. it happened last night nea the corner of south white road and marla tellez is liv