we heard a shatter. it sounded like a bot. >> family scared off by a jewelry store robbery feet away. the smash and grab at a south bay mall that sent people running. police releasing video of a car that went crashing through the front of an east side walmart. why san jose's mayor is appealing a $1 fine handed to him by the state. and taking you for a live look at san francisco on this tuesday, december 24th, this is "today in the bay." good morning to you. merry christmas eve. it's 4:30. i'm peggy bunker. laura garcia-cannon has the

morning off. let's check the forecast, see how we're doing. >> it's looking pretty good. we saw temperatures in the mid-60s across most of the bay area. we have sunshine and it felt great outside. unfortunately we still have the spare the air to talk about. that's going to continue to remain as a problem. it's because our winds are so calm. let's take to you san francisco. you saw in the shot i want to bring your attention to the flag here. you can see it barely moving in the wind. that's indicative of what our forecast is going to shape up for. calm winds, that's going to keep the air stagnant. another spare the air alert in effect. temperatures similar to where they were yesterday. we'll clear out with clouds and eventually turn over to mostly sunny sky. mid to upper 60s across all of the bay area for today. again the spare the air will be a problem. we'll talk more about that coming up. >> we'll keep that in mind. breaking news now out of the south bay, a pedestrian is in the hospital with major injuries after a hit-and-run cash in san

jose. it happened 1:00 this morning at the intersection of best avenue and scott street. that's near interstate 880. the driver hit the pedestrian and took off, leaving the victim lying in the roadway. the victim is being treated. so far no arrests have been made. >> police investigate a mall robbery steps away from santa and kids waiting to take their picture. this happened at a jewelry store in the middle of east ridge mall last night off capital expressway near highway 101. witnesses say a man smashed a glass jewelry case at the jewelers and made off with several pieces of jewelry. it happened next to a long line of parents and their children waiting to greet santa. >> when this other man turned around he had a light gray sweater, like a black nylon over his face. as soon as i seen that we started running. >> witnesses tell us some stores

shut their gates and told to shelter inside. other shoppers say they were ordered out of the mall through the operation manager says that the mall was never evacuated. police say the suspect ran off, not identified or arrested at this time. >> new video released of a car crashing into an east san jose walmart. police posted this video on youtube hoping it will help find more victims and witnesses. it nearly struck several shoppers. four were hurt. witnesses sas 33-year-old hameade began attacking customers. he was subdued until police arrived. he was under the influence of drugs. this is not his first run-in with the law. in december last year he crashed his car through the convenience store. you can see that here.

no one was hurt in that incident. new details in the legal battle over an oakland teen declared brain dead. doctors will release findings of jahi mcmath's brain function at a hearing. a judge appoint ed an outside opinion on her condition. the family attorney asked the judge for a third evaluation by a pediatric professor at the university of toledo and past president of the catholic medical association. she has been brain dead for almost two weeks now. there is a court ordered stay to keep her alive until monday. >> a drunk tank at san francisco's county jail was full overnight following the final regular season game for the niners at candlestick park. the san francisco police department says the 30 people were arrested for various things including public drunkenness, property destruction and reportedly trying to steal stadium seats.

81 people were ejected from the game. seven were cited for various offenses. officials say it's only fills up like this on you guessed it, new year's eve. saying good-bye to a landmark as the niners played their final regular season game at candlestick fans had tears in their eyes. thousands said good-bye to the stick. >> reporter: the 49ers leave candlestick park with a bang, the faithful soaked up every second. >> 30 years of throwing confetti. >> reporter: fans cried, sad to say good-bye. >> crying all day long. i met my husband here 30 years ago. >> go niners!

>> reporter: with police keeping a close eye fans let it all out for the farewell game. >> tailgating, friends, family. it's wonderful. i'm going to miss it a lot. >> reporter: special uniforms. >> bittersweet. >> reporter: the king of candlestick says it feels like a family is being torn apart. >> it's very difficult. >> it's like a family now. we're all a family now. >> reporter: not every family member plans to make the journey south. >> i don't have tickets to santa clara. we'll see. >> reporter: the action on the field followed another candlestick tradition, ta tailgati tailgating. >> my dad brought me to the first game here, the first playoff game in 1971. now it's the next generation. rafrnlths tradition they plan to continue. jean elle, "today in the bay." >> how about that.

pretty great weather as we check win anthony. what a night for that final game at the stick. >> i know. we actually saw temperatures that were about 10 degrees above average in some locations so we went out with a bang. we're looking at clear skies, we have a few high thin clouds because of a cold front that's sliding through. so it's not going to allow temperatures to warm overly much. i think we'll be looking at temperatures similar to where we were. here are the microclimate temperatures. temperatures in the mid to upper 60s for today, even in the peninsula similar there, 68 in palo alto, south of 67. san francisco, similar to yesterday as well. low 60s expected. again we have a few high thin clouds right now. those will droft off. north bay one of the warmest locations. mill valley 69. oakland at 66, walnut creek 65 and the tri-valley in the mid to

upper 60s. we have the spare the air alert. we'll have more in a bit. >> thank you so much. the person trying to remodel the san francisco home that partly crumbled and crashed down a hillside last week reportedly tried to get out of paying permit fees. the owner of the building former president of the san francisco building inspection commission mel murphy used a frind to get low ball estimates for the construction. those estimates determine how much permit fees costs. costs were 1/10 of what the actual cost would be. the home was propped up for construction when it slid down the hill. no one was hurt. murphy did not respond to the paper's report. mayor chuck vooed appealing the state's ruling that resulted in a $1 fine. it says that reed and his committee violated state law when they reportedly used $100,000 to help get rose

elected to the council. late ter commission determined that reed did not commit it intentionally and fined him $1. according to -- also to clear his name. organizers in san francisco hope to collect toys for the bay area's forgotten children in less than 24 hours. the lefty o'doole's last chance christmas eve toy drive is a tradition for some. it starts at 5:00 and will go to 2:00 christmas morning. the owner hopes to beat last year's record of more than 10,000 toys. stop by for a meal or swing by during last minute shopping. workers will collect your donation. there will be carolers, representatives from the police and fire departments, as well as city leaders. a great cause there. san francisco is ready to make a bid to host the next america's cup. mayor lee sent a letter to race

organizers suggesting some changes to the event. he wants to centralize the main venue and his team won this year's cup. it's up to them to determine where the 2017 will be held. did it end up costing the city more than $5 million. san jose sixth-grader getting national attention after lebron james picked him to design his next nike t-shirt. he submitted his design weeks ago. yesterday king james officially announced that the 11-year-old was the contest big winner. it look him 45 minutes to design the shirt. a lot of thought went into. >> a message not one not two, i put in his two championship rings, i put in the logo and has his shoes, and i put not given earned like a remaking.

>> how cool is that. nike is selling the shirts, it's on line for 30 bucks, in local stores soon. he wants new equipment and wants equipment for his school's p.e. program. right now 4:41 on this tuesday morning. facebook striking a deal with a cell phone carrier that's going to make a lot of users happy. trouble for target after the security breach that affected tens of millions of shoppers. edward snowden speaking out. what the skreet leaker had to say.

welcome back to you as we take a live look outside candlestick park, the site of the win last night for the 49ers. it's 4:44 on christmas eve morning. during an interview with a reporter nsa leaker edward snowden said his mission is accomplished. he told the reporter he did not want to change society, he wanted to give society a chance to determine if it should change itself. he acknowledged he did not know if the public would share his

views when he decided to share what he knew about the spying program. he told the post she not trying to bring down the nsa but work to improve it. this was the first in-person interview he has given since arriving in rush yaxt he has been granted temporary asylum though he is wanted in the u.s. most americans have an extra day to sign up for obamacare. for california it past. covered california, even after the government gave an extra day. the group's executive director says extending the deadline would encourage people to wait until the last minute today. an exception will be made for people who started signing up yesterday but unable to finish because of factors beyond their control. covered california will determine on a case-by-case basis which people qualify. people who complete the deadline will be insured on january 1.

facebook for free, the giant has reached a deal with a popular cell phone company to give more people access to its site on the go. t-mobile as go smart mobile is offering unlimited facebook to all customers even those that don't have monthly data plans. starting in january users can download a app and use it for free. more than half of all users access the social media site from their cell phones. trouble for target as its lawyers meet with attorneys general from several states. jackie is live with the latest fallout from the security breach. this continues to grow. >> it really does. a lot of consumers ticked off about this. good morning. target's general counsel meeting with several state attorneys general to address concerns over the retailer's data breach. target facing at least 15 class action suits and two u.s. senators want the ftc to investigate this incident.

we're watching the futures this morning, higher after stocks celebrated with more holiday cheer on monday. the dow and the s&p 500 closing at new record highs and having their best four-day win streak in more than two months. data on home sales, big ticket items, and it is a half day for the markets today ahead of the holiday, we close at 1:00 p.m. eastern time. the dow rising 73 to 16,294 t nasdaq up 44, 4,148. merry christmas. >> to you. thank you so much. happening now 4:47, astronauts on the space station are on a space walk to repair a cooling system. look at these incredible pictures. during the first walk they did begin to replace a refrigerator size part. they are expected to finish that today. if needed they will be back outside the space station

tomorrow on christmas day. mission managers have been forced to shut down non-critical systems on the space station. we are not the only ones working over the holidays there at the iss. doing the same thing. >> everybody has to fill in or you know, make their share now and again. right now we're looking outside with a few clouds, there is a weak cold front sliding through. it's not going to impact our weather. we have the good news if there is any we're seeing wind but it's not enough to clear our air. let's take you through your forecast. what you find in the south bay low 40s to start. we'll see mid-60s by noon similar to yesterday. peninsula same story. 40s to start. a little cooler low 60s there by noon. in san francisco, going to be similar to what we saw yesterday. again, kind of like a carbon copy if you will of our

forecasts from where we were yesterday. everybody expected to climb into the mid-60s. our warmest valleys will pop up into the upper 60s. i wouldn't be surprised if we did a 70 out of the day when it's all said and done. the mild days continue across the bay area. winds are off shore. it warms up quickly. by noon i think many of us are going to be in the 60s. i wouldn't be surprised if we get a couple 70s out of the day. here's the thing. with high pressure in control, we have a cap on our atmosphere. so not a lot of wind is allowed to escape out of all of the position gets pushed to the ground. thursday and friday, the air quality does remain unhealthy. by this weekend there will abdisturbance that move this is way and that could offer some help or relief as far as air quality. let's look at why we have this.

again, all because of that high pressure aloft. it's sinking air. around this time of year we get a lot of systems with low pressure that allows the air to rise off. around this time of year it's not too likely to see this. this is a summer-like pattern, spring-like. with the sinking air, all of that lets trapped at the future. we're sparing the air all the way through christmas. temperatures warm even more as we head through christmas. expect 70, even san francisco mid asks. peggy, back over to you. >> unbelievable weather. ♪ a chorus group in japan is performing for the first time since the tsunami of 2011. some of the choir members lost loved ones during the disaster

so the group stopped performing. encouraged by the reconstruction efforts they decided to get back together. about 1,000 gathered to listen to that beautiful performance. right now 4:51. keeping an eye out for santa. we'll tell you where the big guy is delivering all of those presents. a countdown to sochi. the bobsledder going for gold after a crash during the vancouver games.

the countdown to sochi is on. we're 44 days from the start of competition. you may not think of the bay area as a hotbed for bobsledding. three of the 14 men on the team live here. a story of one local team member whose road to sochy is filled with other priorities. >> at first glance the california health club in pleasant hill may not look like a place where olympic athletes train. it's far from the olympic training centers. chuck berkley isn't your ordinary olympian. at 37, he is working harder than some of his younger competitors. and using his age as an advantage. >> strength training, speed work, things the last 20

yearses, i do what works. i consider myself fortunate to be able to do this at this level and be competitive, still beat up on some young guys that live here full time. >> named to the u.s. bob sled team he competed in the four-man of the 2010 vancouver olympics those games ended in heart break when his sled flipped. >> the first thing you think this is scary. really scary. and painful. as you come to the realization of what's happening you realize man, this is my olympic games, probably over. and it was. >> he left the sport for a couple years, then returned last season, ready for redemption. >> it ended prematurely for me so that's a big reason why i'm coming back. i want a result next to my name. >> he is enduring this rigorous training while working full time and helping to raise his two daughters. >> i miss you guys. >> i'm really proud of him. he has been training a lot and he has been doing as hard as he

can just to get the exercise he would need. >> that is cool. that was janelle wang. we'll watch him when he gets to sochi. we wish him the very best. >> berkley is confident his name will be on the list. england's youngest royal, prince george born in july will join the family as they eat and exchange presents, attend church and also go hunting though no word on which event baby george will take part in. according to tradition they only exchange small gifts or gag gifts and open them on christmas eve. prince william's in-laws will not be there since they spent last christmas with kate's family. >> find out how santa is doing. we're getting a look at where he is now, a little less than an

hour ago he left his home in the north pole after having breakfast, he's over new guinea, this is the santa tracker. we'll be checking in all morning long to know where the big guy is. he briefed his reindeer on the route and loaded up the sleigh. there was a final check to make sure rudolph's nose was shining bright. we'll follow santa and let you know if he is on target. >> 4:57. an earthquake shakes people out of beds in northern california early this morning. details on that coming up next. the annual toy drive going on as we speak. we'll check in and see if anyone is showing up to drop off last minute gifts.

a fitting sendoff for candlestick park. plus, why that night not be the final game at the stick. also back to together in time for the holidays, the bay area

family that will be reunited with pets. >> if you are traveling across the east coast, still a few showers lingering but the rest of the country looking good. no airport delays but we talk about the spare the air. we'll talk about that coming up. >> and also a live look outside, this is over san jose as we get things rolling on tuesday, december 24th, this is "today in the bay." >> good morning. merry christmas eve to you. it's 5:00. i'm peggy bunker. laura garcia-cannon has the morning off. the christmas spirit is alive and well in san francisco, and the heart of it this morning may be at lefty o'dooles in union scare where holiday toy drives are kicking into high gear. "today in the bay's" chase cain is live at the restaurant where the annual event just got under way. so chase, good morning. how is it looking there? >> reporter: well, they just opened the doors,