clos clos closed. temperatures at 48 degrees in san francisco but 36 in napa. the latest in your microclimate forecast coming up. >> earlier crash at the dub clin interchange causes slowing for 580 and approach to the bay bridge that's crowded. >> not too many people out here the top of san bruno chilly to start your tuesday morning. it's march the 3rd and you are watching "today in the bay." >> a very good tuesday morning to you. thanks for joining us. i'm laura garcia-cannon. >> and i'm sam brock. we're following breaking news this morning, a violent and chaotic morning in the east bay. body, a shotgun and a car crashing through the front of a home in antioch and we've just learned new details from police. >> "today in the bay's" stephanie chuang live in antioch this morning, and steph, police say there is a connection? >> reporter: that's right, good morning to you both, laura and sam. this is the first time that investigation here in antioch.

the coroner just left about ten minutes ago, was here for a short time on hudson court. there's two patrol cars were a man was shot to death, lying on the sidewalk. it started around 11:00 last night when an? er in the area heard a gunshot and spotted a car speeding away without its lights on. the officer tried to pull the driver over but when that did not happen the pursuit began and ended on the 1700 block of ma whoing know way over a mile away where the blue toyota camera crashed into the garage. police detained three people from the camry but no arrests, no one was hurt, including the woman who was inside that house, her neighbor and friend told us offamp ka, the woman off cam ca the woman was shaken up and thought someone was breaking into the house. >> the high crime rate since i lived here, i've seen things i'm totally and entirely shocked about. >> reporter: just a couple of blocks from the homicide team police discovered a shotgun

lying in a parking lot of the double dragon chinese restaurant on somersville road. police confirming the three scenes are linked but so many questions including what led up to this fatal shooting and who was the gunman. live in antioch, stephanie chuang, "today in the bay." the family of jahai mcmath will file a lawsuit against children's hospital in oakland. she's the teen declared brain dead after she suffered complications from throat surgery. bob redell is live with the details described in the lawsuit. >> reporter: the lawsuit is being filed in almeida county superior court for the first time describes the family's account of what happened to their 13-year-old daughter after what's been described as a botched surgery here at ucsf bennie hoff children's hospital in oakland. you might recall back in december of 2013 a doctor operated on that girl, jahai mcmath, operating on her nose

and throat to help alleviate her sleep apnea. you might recall that afterwards there were problems. the lawsuit alleges that when she came out of surgery she began coughing up buckets of blood. the suit claims two nurses contradicted each other on how to stop that excessive bleeding and refused the parents' initial request for a doctor. jahai allegedly bled for five hours and lost two pints of blood, a doctor finally arrived, the teenager suffered a heart attack. the hospital eventually declared her brain dead and according to the lawsuit started hounding the parents to sign over her organs for donation, at one point approaching the mother as she prayed for her daughter inside the hospital chapel. the doctors did not alert nurses to an on normal artery located near the surgery site. they say their hearts go out to the mcmath family. the family believes jahai is not brain dead, that she has limited

brain function. she is still not awake, she remains on machines in an apartment in new jersey, where nurses tend to her 24 hours a day. reporting live here in oakland, bob redell, "today in the bay." >> it's just a sad case all around no matter what side you take. thank you, bob. >> 6:04. rentalstered sex offenders may have an easier time finding a place to live. the california supreme court ruled a law restricting where registered sex ofteners can live is unconstitutional in some cases. sex offenders in san diego county challenged jessica's law, passed in 2006, which made it illegal for them to live within 2000 feet of any school or park. the court ruled those restrictions make it hard for sex offenders to find a place to live leaving many homeless. this week's decision affects only san diego county it could provide an opportunity for sex offenders in other counties, where housing is hard to come by to challenge that law. three men accused of sexually abusing a woman and holding her against her will in sonoma county are expected to

enter pleas today. the woman told detectives the men kidnapped her in december and helder in a compound near santa rosa. she said she was repeatedly beaten, threatened and raped. the alleged ring leader of the group faces 13 if el know charges including rape and sodomy. volunteer also hold their final search for sierra lamar next week. the morgan hill teenager disappeared on her way to school in 2012. friends, family and volunteers are searching for her every weekend since then but run out of places to look. the last search for sierra will be march the 14th. antonin garcia-torres is charged with her murder, due back in court next month to set a trial date. the 19-year-old woman accused of killing a man in gilroy will be back in court today. gabriella ortiz faces charges in the death of robert heiser. police say she used heiser's credit card as a san jose convenience store. right now the doors are

boarded up but a busy south bay animal hospital is open right now. this after a car crashed through the front of united veterinary clinic in campbell last night. it's on dell avenue near the camden avenue exit off of highway 17. no word on what caused that driver to lose control. no person or animal was injured. protesters will make their voices heard this evening in cupertino, upset over a proposed cell phone tower at a local high school. verizon wants to install a cell tower at lindhbrook high. parents are upset saying the school didn't do enough to notify them ahead of time of the plans. tonight at 6:30 they'll rally at monte vista high school urging the board to reconsider. skateboarders may find legal obstacles in their path, regarding a skateboarding boone that covers all county property. other bay area jurisdictions have similar bans but critics say they're often ignored and seldom enforced. 6:06 on your tuesday morning.

we get a check of your microclimate forecast as we take a nice look outside downtown san jose, that sun making its way up, it's a little chilly though. >> hopefully warming things up later today as well, maybe dress in layers and shed them as the day progresses. rob is in for christina. >> good morning, chilly north of the golden gate, 36 degrees around napa, 41 in san jose. san francisco though looking pretty nice, 48 degrees and no fog there, not much wind either, gorgeous start to the morning, with the mountain there is over the east bay hills off in the distance and visibility mild now, has improved through solano county and fairfield, santa rosa about seven miles current visibility, no problems of visibility in the san jose or sunnyve this morning. winds light for now as we get into the afternoon, we'll see wind speeds picking up about 10 to 20 miles per hour and winds out of the northwest a little bit later on today. oir temperatures hour by hour still jacket weather through 7:00, 8:00 and 9:00 this morning. by lunch time upper 50s to low 60s and highs today in the mid-60s, mild temperatures

turning breezy and a chance in some of the hills and the far south bay down towards east of morgan hill, south of gilroy, might see a stray shower or two during the midafternoon hours and as the sun sets again, things will calm down there for areas near gilroy. today, highs in the mid-60s around san jose, throw mid-60s for san francisco, up into the north bay, and around the tri valley today, highs in the mid-60s but from here the temperatures are going to climb on up as high pressure builds in, the numbers into the 70s as we get into thursday, friday, into saturday next weekend looks fairly warm as high pressure continues to strengthen, we'll see temperatures climb on up. this morning, a little bit chilly there. 36 for now but climbing into the mid-60s, a little bit later on in the north bay. now for another check of your tuesday morning commute here's mike. >> the air was crisp and clear there through dublin. chilly as you said. we look at the camera, the roadway was not necessarily clear. earlier crash west 580 at hacienda just to the west of this shot, had a motorcycle involved but just some soreness to the shoulder for the driver, that's better news and out of

the lanes. did cause some slowing as we look at our maps. slower drive west 580 approaching the dublin interchange. there's the tri valley a traditional build there and zooming out further west the southbound 880 and 680, your traditional pattern coming off of 580, folks feed in from the east and southward san mateo bridge or down towards sunol, fremont eminently for lot of folks. we'll show you the rest of the traffic flow, the map just froze. one more time, there we go, computer issues, we're all trying to wake up. smooth drive west of the bay. antioch to concord, highway 4 westbound shows build. north bay novato through mill valley. couple of spots with our live cameras, we have the bay bridge, the metering lights are on, there's the backup and fast track lanes are moving well. this is moving well for the bay bridge, trust immediate. over here in the north bay look at southbound 101 through san rafael. we have the build just kicking in over the last ten minutes. we have slowing because of that volume through the novato narrows, not a problem through

san rafael and south bay san jose this represents pretty much all the silicon valley area. we had the first blurs which cleared up and the second burst, just seeing that gentle build, typical for san jose no, problems for mountain veil, sunnyvale, cupertino, it starts in san jose. >> the wave of when people wake up in the morning. >> and wave is a good term because it flows and takes over everything. >> but it's gentle. not going to wash over you. >> thank you very much. 6:10. still ahead on "today in the bay," students interested in science and math may soon have another option for college in california. the nasdaq doing something it hasn't done in 15 years, opening above 5,000. we'll look at all the data coming up. and take a live look outside, that's a pretty sight out there this morning, don't you love it, sun coming up over the bay bridge over the bay area as a whole this morning. cool start and a warm finish. stick around, a lot more to come.

mt. hood was left off the list. so was the oregon coast, the columbia river gorge and the painted hills. smith rock and the wallowas are all missing. whoever named the seven wonders never set foot in oregon, because even crater lake was left off their list. so we see your wonders world,

and raise you seven of our own. the seven wonders of oregon. see one, or better yet, see them all. here's a look alititude's top stories. police are investigating antioch's first om side of the year, a deadly shooting. officers are questioning three people in the case. a family of jahai mcmath is filing a lawsuit against ucsf children's hospital for a botched surgery that left her brain dead. mcmath remains in a new jersey apartment right now on life support. 50 members of congress say they will not attend this morning's speech by israeli prime minister new jersey new jersey. republican leaders invited him to speak two weeks before his election. nearly 1,000 nutritionists from around the country headed to capitol hill to talk about controversial school nutrition standards. opponents of first lady michelle

obama's healthy lunch program say the new menus are costly and unpopular. senator from north dakota proposed his own school lunch standards which gives schools more flexibility, he says. there is a push for an 11th uc campus, one focused exclusively on science and technology. assemblyman mike gatos is launching a public version of caltech, what he calls. location to be dermted. he says he's hoping for los angeles or silicon valley. critics say the plan faces many hurdles especially in light of current tuition hikes. let's switch over to the markets. every single major stock index is going to open at a new record today. >> scott mcgrew, you have your favorite. >> i do. i don't know if you can figure out which it is. okay, so yes, the dow hits new records practically every day. the s&p 500 does all the time, even the russell index has set a record, but like the prodigal son we have been rooting for the nasdaq. the nasdaq index will open above 5000 for the first time in 15

years today. it's only done so twice before and both times in march of the year 2000. that marked the tippy top of the dot-com boom. back in the day, young sometimes questionable tech companies listed on the nasdaq almost exclusively. when the wheels came off, the nasdaq lost 70% of its value taken 15 years to recover. we have some tape of cnbc's reaction the first time we hit, the first time we hit this major milestone back in the day. take a look. >> welcome to our special edition of "market wrap." i'm tim davis. >> i'm maria bartiromo. the mass dak closing above the magical number of 5000 today the first time ever, boosted by the internet, the nasdaq rallied in the last hour of trading to complete another unprecedented, huge day. >> the internet. let's talk about the nyse, yes

it hit a record as well above 18,000 for months now, off and on. it hit a record again yesterday. okay but not quite as exciting. the last time the dow 30 industrials hit a record waszuhy back last thursday. i don't know if you remember that was back whenrl@ígbnñ bara was president. >> let me look him up on thehñr internet. >> speaking of which that video clearly pre-hd. >> 15 years, yes, absolutely. >> you better watch your sarcasm because this video will be pulled up one day, too. >> this is not 3-d. if i do this, nothing. >> it will have a new affect. >> bad enough hd this early in the morning, my mai friend, thanks. people looking for federal relief after december's flooding, have until today to apply. today's the deadline for disaster loan applications through the small business administration. the storms on december the 11th and 12th damaged homes and

businesses, in san mateo, almeida, san francisco, and santa clara counties. happening today we'll find out whether the recent snow in the sierra did anything to help our snowpack. state officials will conduct their third snowpack survey this morning. previous surveys have turned up some pretty dismal results. the department of water resources says the water content this year is 19% of the historical average. 6:17 right now. we'll check out your microclimate forecast this morning, as we give you a live look outside from san bruno. would we call that low cloud cover, rob? >> morning haze, clear skies otherwise. north bay mid-30s and also the snowpack survey done at echo summit in the next few hours here are the numbers going into that physical survey that will be done on site near highway 50. 15% of average in the northern sierra. 20% for the lake tahoe basin and southern sierra 21% of average

around yosemite. we're on pace with last year's numbers and unfortunately the '76-'77 drought. the snowpack a third in our water runoffs and farming into the summer not looking that healthy but there's a different story with the rainfall, though, thanks to the rain we had in december and earlier this month reservoir is doing better compared to last year. mostly clear, gorgeous skies. 48 there in san francisco, winds light for now and will pick up as they go through the afternoon and shift out of the northwest at times 10 to 20 mules per hour and eventually offshore winds as high pressure strength boosts our temperatures come tomorrow. right now for the morning a little chilly out there. 30s and 40s, lunch time will break out upper 50s to low 60s and high today in the mid-60s. you may notice some clouds trying to build up over the hilltops of the east bay and south bay because for one more day today even though our area of low pressure which brought the active weather is still moving through southern

california, gives some heating of the day to some of that cool air aloft around some of the hilltops, you might find a few showers trying to fire up southeast of morgan hill this afternoon and as soon as the sun sets the power to the showers starts to go away and after that, that will be the last chance of rain likely until about this time next week, so highs today near 65 in san jose, should see low to mid-60s around san francisco into the north bay. mid-60s, livermore towards pleasanton, tri valley looking nice and turning warmer, if you like 70s and spring-like weather, second half of the week will make you very happy including san francisco. low 70s there, as we head out towards the beginning of next weekend, a spring-like weekend ahead, got the temperatures soaring into the 70s. to see how your morning commute is shaping up so far, here's mike. >> b rorob, i love the '70s, especially the fashion. clear drive over to the peninsula, where there are no delays. let's show you the map, the big issues on the east bay side the volume builds southbound 880 at

hayward. at 92 reports of a crash near the connector. i don't have lane information and don't see additional slowing but it happened a few minutes ago. three vehicles involved. we will track that against south 80 to 92, there may be something slowing you down. we'll track that south of "a" street. reports of debris milpitas toward fremont. the tri valley behind me moves smoothly. typical pattern the wheth6808 th sunol. northbound 101 a build kicking in for your tuesday morning commute. this is gentle for a tuesday. we'll see 87 as well as 85 start to build and lastly 80 at 880 slowing the slow down the pattern for the south bay as long as there are no disruptions. east shore freeway slowing hercules, richmond. westbound 80 starts to build, more slower speeds coming down through the east shore freeway. no problems walnut creek interchange, build coming off of highway 4 and blue pleasant hill. there's the maze and predictable

slowlo slowdown 580. the bay bridge you have the crowds westbound 80 across the bay bridge as we take a live look from our camera, all lanes backed up and fast track moving a little slower but for a tuesday this movement right here for the fast track lanes is pretty good. over on the golden gate bridge, movement for all of your lanes approaching the toll plaza will get a lot more traffic through the north bay. so far no delays in san rafael, through the waldo tunnel down into san francisco. back to you. >> flowing along, let the good times roll, thank you, mike. 6:21, up next on "today in the bay" a cave mystery solved. we'll tell you the purpose of this mysterious bunker unearthed in canada.

welcome back, everyone. look at the sun coming up over the south bay this morning. live look outside at san jose, we'll check that morning commute with mike so far, things are kind of moving along. 6:24 right now. fears over fires 30,000 feet aboveground are prompting some of the world's largest airliners to ban bulk shipments of rechargeable batteries. united airlines is now the third major u.s. airline to announce amounts of batteries used to power everything from smartphones to power tools. the faa says tests show when the batteries overheat they emit explosive gases that build up inside the cargo container. delta airlines and american airlines stopped shipping the

batteries last month. the obama administration considering banning a type of rifle ammunition because of what it can do used in a handgun. the .556 millimeter rounds can pierce bullet proof vests when fired from a handgun. other types of armor piercing ammunition have also been banned in the past. critics say this latest proposed ban infringes on second amendment rights. a tunnel in toronto was not built with bad intentions. it set social media on fire which some people worried terrorists built it because of how close it was to the pan am games and local university. toronto police say the men who dug the tunnel came forward saying they just wanted a man cave. the men will not be charged but could face a fine. most likely from their wives. >> a man cave is a figurative thing as opposed to an actual cave. >> it is. san francisco's ferry building all dressed up today marking the 100th anniversary of

the world's fair. >> kind of cool, nostalgic. the tower is the same way it looked 100 years ago to welcome visitors to the world's fair. tonight mayor ed lee and community leader also hold a special ceremony to light the tower and kick off the is enthen innial celebration. it starts at the building at 5:30. 6:26, all eyes on wall street this morning. the nasdaq closes above 5000 for the first time in 15 years. which way will the numbers go today? plus rules relaxed for convicted sex offenders, the direct impact a controversial ruling could have on the bay area. a live look outside the golden gate bridge, traffic moving smoothly there. it is a bit of a colder start to your day so far, about 48 degrees in san francisco, according to rob mayeda, it's going to warm up. we'll be right back.

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struck down. the state's highest court rules a law meant to protect children violates a sex offender's rights. 70s ahead in your work week forecast, a look at that coming up. and slowing in the south bay but this pattern this tuesday a little different than you might expect, we'll sort that out for

you. all of the markets and their indices have traded at records this morning, we're out at the nyse. [ bell ringing ] national pancake day and holly cow the nasdaq opening above 5000 for the first time in 15 years and dress barn. >> you need a stretch after the free pancakes from ihop. beautiful sunrise over the bayier. this is "today in the bay." o. good tuesday morning. thank you for joining us. i'm sam brock. >> i'm laura garcia-cannon. the rules in california shipping where rentalstered sex offenders can and cannot live. they're about to get a little looser. the state supreme court found it unconstitutional to prevent offenders from living within 2000 feet of a park or school when there's lack of available housing. "today in the bay's" kris sanchez is live in santa clara this morning.

the ruling applies directly to san diego county but it actually could have an impact here as well? >> reporter: it really could have a spillover effect on any community where it is difficult to find affordable housing, because jessica's law requires sex offenders to live at least 2,000 feet from a park or school. to put that in perspective that school about that distance away. you could imagine the burden that puts on convicted sex offender and that's the argument they made to the courts in san diego saying the requirement made it nearly impossible to find a place to live. if you're thinking so what, who cares, these are criminals we're talking about, why should we concede to anything they need. law enforcement sided with them on this one saying when the offenders cannot find a place to live they can be a lot harder to track. sometimes they live on the streets or they stop registering all together. in san diego, a trial judge found that 97% of all housing was off limits to sex offenders because it was too close to schools and parks and then the

remaining 3% it's not necessarily available when they need it. even with that, some folks say making this change is trouble in the making. >> those folks have problems and they had problems throughout their lives. >> why wait for a problem? why, why allow something like that to even become an issue? >> reporter: how this week's decision in san diego is likely to affect other counties where affordable housing is hard to come by. of course that would mean san francisco, oakland, we could see challenges there as well. but sex offenders are banned from being parks like behind me, banned from entering school grounds without a judge's permission and the prisons can still require them to live 2,000 feet away from the school or park if their offenses were such that that is a necessary precaution. in santa clara, kris sanchez, "today in the bay." >> a good note, thank you very much, kris. we are learning more about the moments leading up to the deadly shooting involving los

angeles police officers and a homeless man. many of the officers involved were wearing body cameras at the time. while that video has not been released the "l.a. times" reports the video is consistent with claims the man tried to grab an officer's gun. one source tells "the times" you can hear an officer shouting "he's got my gun" multiple times. protesters are expected to march today to express their anger over that shooting. 6:33, time to check the microclimate forecast on this tuesday morning as we take a live look outside the bay bridge there from a distance from emeryville this morning. little haze starting our morning. things will warm up, almost feel like spring-like temperatures out there. rob? >> we're seeing the opposite with the clear skies like a blanket overnight even this time of the year we can drop it in the 30s and 40s. reminder we're is itily in winter. 41 right now in san jose but the afternoon will be a different story as we see temperatures starting to climb up. right now fog in a few spots around the north bay.

earlier santa rosa towards fairfield but not too bad, visibility looking good from the north bay into the south bay and winds for now relatively light, but these wind speeds should increase 10 to 20 out of the northwest as we get into the afternoon. our temperatures here hour by hour certainly need a jacket through about 8:00 this morning and lunch time temperatures close to the high temperatures we had yesterday which were in the low 60s, but by 3:00 today, should see the numbers in the mid-60s in a few spots around san jose and livermore, so border line t-shirt weather today. no problems with t-shirt weather later oen this week as the highs make a run at the 70s. one area to watch, south of livermore and around the hills there, south of morgan hill and gilroy, still a slight chance of a midafternoon shower there, but as the sun sets, the chances of seeing any more showers should subside through about this time next week already the next chance of rain coming up on the 10th of the month. mid-60s today in san jose, low 60s for san francisco towards the north bay, and around the tri valley, highs in the mid-60s and from here, temperatures climbing up, the coolest day of

the next five days is today, even these temperatures are pretty mild, low to mid-70s just in time to finish the work week and heading into the next weekend there, mike? >> rob, we're thinking about that next weekend. looking over here right now, go the to get through the commute though, we have a good volume of traffic expected around the bay, and that's why it's unusual 101 at 680 in san jose slowing obviously here. we'll show you the map the arrow shows you where our camera shot is, gradual slowing capital expressway up to the scene, we usually show slowing more. look at the outstanding graphic work by our team, northbound 87 and 85 as well, we no slowing until about five minutes ago, then it started to kick in, so that's a little late for a friday and finally 280 at 880 show a little bit of slowdown, this is a later build starting for the south bay. we'll see that slowdown for the silicon valley commutes. southbound 680 and 880 traditional pattern off of 580

into fremont, south 880 at 92 the san mateo bridge connector there was an earlier crash, three vehicles involved, no lanes blocked from what i understand but still a distraction. farther north toward the upper east shore freeway and walnut creek interchange and the concord area moving smoothly but slower and on the left no problems as far as that north bay commute. we skipped over the peninsula. san mateo bridge you'll get more traffic over the next 15 minutes because of the folks headed over from hayward and that will cause more slowing for 101 and 92. >> all right, looking ahead thanks a lot. >> thank you, mike. 6:36. the markets have been opened for a few minutes. >> curious about the nasdaq this morning, went up over 5000, now headed down? >> it is headed down. i want to pass up some breaking news out of washington, and that is the house says it will vote today on a year-long bill to

fund homeland security without conditions. we'll continue to cover that as you well know, it has a great deal to do with immigration as well. go to the big board, we don't care about the big board but it's the big board so we do, 39 points to the negative. let's talk about what we really care about, the nasdaq this morning. well that's the nyse but i still care about the nasdaq most and it opened this morning above 5000 for the first time. now we got a couple of numbers to hit. 5048 is the all-time high closing and 5132 all-time intraday high. we're down 17 points on the nasdaq. >> we broke through, thank you very much. still ahead it's game day, the giants and a's open cactus league today play against each other. the new faces in the starting line-ups.

hey it's opening day, sort of. both the giants and the a's officially kick off cactus league play today against each other, down in mesa, arizona. >> down in the desert. there will be plenty of new faces when the players take the field with a sneak peek at today's line-up here's ahmed fareed. >> it is opening day in march, a sort of the spring training is upon us, both the giants and a's getting started against each other, the opener from the a's new site in mesa, arizona. paan, pence, brandon crawford

not in there, he'll start6é wednesday. lincecum is scheduled to follow. madison became garnaumgarner on. the a's facing right-handed batters. some fuld batting ninth. the heart of the order for the a's, brad mills going to get the start from mesa, arizona, so he's pitching in his hometown, pretty cool story there. the season begins sort of the first spring game we'll have highlights later tonight. for "today in the bay" i'm ahmed fareed. >> i like the excitement. >> i'll bring the hotdogs. >> cracker jacks, too. coming up, make room for more houses. the proposal to build nearly 30 brand new homes on an already crowded peninsula street. plus the family of jhai mcmath taking legal action against a bay area hospital. an update to breaking news a

violent night in the east bay. investigators at three crime scenes looking for a link. >> and linking the east bay to the city right now, the bay bridge and the toll plaza, the approach to it right there, getting a little bit jammed up. we're back with 15 minutes of nonstop news, traffic and weather right after this.

breaking news at 6:44, a violent morning in the east bay. police are investigating three different crime scenes in antioch which all appear to be connected. >> trying to put the pieces together, "today in the bay's"é stephanie chuang live from antioch. one of the crimes scenes is definitely a homicide. good morning. >> reporter: that's right, good

morning, sam and laura. homicide the first of the year here in antioch and right now some of the crime scene cleaners are just cleaning up what was left after a man was shot to death here on hudson court here on the sidewalk. so joining me now is cheryl white to lives just across the street. good morning. tell me what you heard last night and what you saw. >> i didn't see anything particularly. i was sitting on the couch listening to music and i just heard a single gunshot. and it was just that, that's all. >> reporter: you were talking about the neighborhood, talk to me about your reaction. you said you're moving? >> yeah, they're in the process of moving. i just got home so like i said, too much black on black crime out here and not just black on black crime, period, all over. we need to come together as one and unite and you know, just have fun and live and enjoy life. because god is good. you know what i'm saying? people want to change their lives over and get back right he

will. it's a work in progress and my life is a witness to it. >> reporter: she heard the single gunshot across the street from her. look at some of the video, there is a car that crashed into a house and that is because a police officer was here on hudson court when he heard the gunshot, saw a car speed away, follow that car taken crashed over by mahogany way and spanos. three people were der tained from the car. police have not officially arrested someone but police found a shotgun close by in the double chinese dragon restaurant a couple blocks from where i'm standing on hudson court. lot of questions up in the air but we confirmed one man has been killed linked to this car, this blue toyota camera that crashed into the home. live in antioch this morning, stephanie chuang, "today in the bay." >> thank you very much, steph. 6:46 right now. we move over to weather your microclimate forecast as we give you a live peek outside san

francisco, the sunup over the horizon, almost no sign, rob, of the rain we saw yesterday. >> it was very active yesterday morning. we had the roaming downpours around the south bay but this morning we're seeing some chilly temperatures, you'll certainly want a nice winter coat in the north bay but san francisco right now not too bad. 48 degrees but that's the relatively warm spot we're seeing right now in san jose, sun rising there dramatically over the east, you see 41 degrees, 36 though up towards napa, good enough for that chilly start to the morning in the north bay, but sunshine all around, no worries really about any fog and the wind is relatively light. wind speeds as we get into the afternoon will begin to increase out of the northwest from 10 to 20 miles per hour, and eventually you'll see the winds turning offshore, as high pressure builds, that leads to temperatures climbing up especially as we get through the second half of the week. for your wake-up weather forecast 30s and 40s in some of the cooler wind sheltered valley this is morning. as we head towards lunch time a few clouds starting to form once again over the hills and

temperatures by midafternoon should be in the mid-60s around san jose and livermore and low to mid-60s closer to oakland and san francisco. now the system that brought the showers now across southern california, scooting into arizona later on today, but still we could see with the heating of the day a few of these clouds building up to maybe form a few more showers there, south of gilroy, around 2:00 and 3:00 in the afternoon, and as the sun sets we'll see what's left of any of those clouds begin to break up and from there, high pressure will build in, and you'll see coming up next five days, temperatures really climbing up for the second half of the week. highs today near 65 in san jose, low to mid-60s around san francisco, north bay temperatures 64 in santa rosa and 65 degrees in livermore. but the five-day outlook shows temperatures climbing close to 70 tomorrow and san francisco, thursday into friday, low 70s, mid-70s on the way fort weekend, as this high builds in across the west coast, we will see dry conditions very likely not just through this weekend, but probably have to wait until about march 10th next tuesday to

see a chance of rain, but before we get there, the weekend looks great if you're making early plans for that, mid-70s around the bay area to start things off on saturday, then trending a little bit cooler as we head towards sunday. for another check of your tuesday commute let's send it over to mike. >> we call this traffic tuesday because a lot of traffic and activity, today it's just tuesday then. we have the volume of traffic the bay bridge, looking at your maze and the approach where the volume is starting to build up and we have a slower drive for 580. 880 coming across that overcrossing over in approaching the bay bridge itself and also down the east shore freeway. we'll zoom your map out and this is not as it was dramatic a build as we typically see tuesday. litter start to the commute today. hercul hercules, richmond some slowing down and berkeley traditional volume around university. san rafael itself a little slowing right here for novato around highway 37 as well as the novato to be expected from

two-lanes there. east bay a typical pattern here. there's 580. folks speeding off and moving down south, 068 through sunol, slowing through pleasanton. same thing 880 toward the san mateo bridge but a crash at "a" street slowed things down as far as that distraction goes and may still be blocking part of the fast lane for one of the vehicles. we look at the san mateo bridge quickly and see that westbound though is a pretty standard commute starting to slow down as the volume really kicking in coming off the nimitz freeway. the volume on the peninsula starting to build there. back to your maps we talk about a slower drive south 880 to past the dumbarton bridge and in toward fremont. the northbound directions for your south bay commute really kicking in, just looks like everybody until about 6:40 to leave the house and heading north 101 and 87 showing the slowest commute now over the last few minutes. palo alto smooth drive out of mountain view, easy drive north past university avenue. the metering lights moving well and they are keeping folks off of the roadway, keeping the pace on highway 101 moving nicely between palo alto and san

francisco. back to you. >> thank you, mike. it is 6:50 right now. happening today the family of jahai mcmath will file a lawsuit against ucsf bennie hoff's children's hospital in oakland. mcmath was a teenager declared brain dead after she suffered complications from throat surgery. bob redell is live with the details described in the lawsuit. good morning, bob. >> reporter: good morning to you, laura. this lawsuit being filed later today in almeida county spearer court for the first time describes what the family's account is of their 13-year-old daughter and what happened allegedly after what's been described as a botched surgery here at ucsf bennie hoff children's hospital in oakland. you might recall back in december of 201 a doctor here operated on jahai mcmath's nose and throat to alleviate her sleep apnea. the lawsuit alleges when she came out of surgery she began coughing up buckets of blood. the suit claims two nurses contradicted each other on how tw'qi$áu that excessive bleedin and refused the parents' initial

request for a doctor. jahai allegedly bled for five hours, last two pints of blood. doctor finally arrived. the teenager+=6h suffered a hea attack. the hospital eventually declared her brain dead and according to the lawsuit started hounding the parents to sign over her organs for donation even allegedly at one point approaching the mother as she prayed for her daughter inside the hospital's chapel. her family also claims the doctor didn't alert nurses to abnormal artery located near the surgery site. the hospital won't comment on pending litigation but told a bay area news group their hearts go out to the mcmath family. the family believes jahai is not brain dead that she has limited brain function. she remains in an apartment in new jersey where nurses tend to her 24 hours a day. >> very sensitive case, thank you, bob. registered sex offenders may have an easier time finding a

place to live in area ofical ka. law restricting where registered sex offenders can live is unconstitutional. sex offenders in san diego county challenged jessica's law passed by the voters in 2006 which made it illegal for them to live within 2,000 feet of any school or park. the court ruled those restrictions make it hard for sex offenders to find a place to live leaving many homeless in areas with scarce housing. people in san diego county say that decision is unsettling. >> those folks have problems and they have problems throughout their lives. >> why wait for a problem? why allow something like that to even become an issue? >> although this week's decision only impacts san diego county directly right now, it could provide an opportunity for sex offenders in other counties to challenge the law as well. three men accused of sexually abusing a woman and holding her against her will in sonoma county are expected to enter pleas today. woman told detectives the men

kidnapped her in december and held her in a compound in santa rosa. she says she was repeatedly beaten, threatened and raped. the alleged ring leader of the group faces 13 if el know counts including rape and sodomy. the 19-year-old woman accused of killing a man in gilroy will be back in court today. gabriella ortiz faces murder charges in the death of robert heiser. surveillance video helped track down ortiz. she used heiser's credit card as a san jose convenience store. police found heiser beaten to death in his home in gilroy last month. neighbors in a mission district are calling for an independent investigation, this after police shot and killed a man. dozens of people showed up to meet with police last week after last week's officer-involved shooting on fulsom. police say they killed 21-year-old almacar perez lopez because he had a knife and lunged at officers. neighbors believed he dropped the weapon and was trying to get away. >> the suspect, the deceased lunged at the officer with a knife overhead.

he fired five shots, the original initiating officer fired one. >> we understand he did drop the knife. they had guns trained on him. he tried to get away because they weren't in uniform and they shot him. >> neighbors tell us perez lopez worked construction and sent money back home to his family in guatemala. a buddy south bay animal hospital is open right now. this after a car crashed through the front of united veterinary clinic in campbell last night. it's on dell avenue near the camden avenue exit off of highway 17. no word yet what caused the driver to lose control. no one was hurt and luckily no animals hurt as well. >> yes. how are you getting to work today? probably not by skateboard, but skateboarders in almeida county may soon find legal obstacles in their path. supervisors today discussing plans to enforce a skateboarding ban that covers all county property. those who break the rules would be cited. other bay area jurisdictions have similar bans but critics say they've often ignored them and seldom enforced.

a busy street on the peninsula could get busier tonight, city leaders in mountain view will consider approving a permit to build 29 three-story row houses in between middlefield road and strl expressway. the contractor wants to demolish an older 32-unit apartment complex to make room for the new development. about the nasdaq, it opened this morning above 5000 for the first time in 15 years. >> scott mcgrew, this ohm happened twice ever until today. >> right, i don't think we'll see number four tomorrow as the arrows are pointing red this morning. the nasdaq has fallen back below 5,000 in trading, we're at 4,977. 5000 should become routine of course that's what the talking heads said back in the year 2000, they could not have been more wrong. the nasdaq fell 4,000 points nearly in one year during the bust. laura you're all about the free

pancakes. i woke up the head of marketing for ihop this morning, i figured he'd be in new york where it's almost 10:00 a.m. he's on the west co. all right, the reason ihop's pancake day is today, it's usually the same day as the relingious holiday shrobe tuesday, it's like a really bad version of mardi gras. i can say it, i'm anglican. this year they delayed pancake day to get it farther away from christmas. i needed to find this out, i investigated. finally twitter or tinder is out with a new version of dating software. >> that's not kid twitter. >> if you swiped one way but meant to swipe the other it means you rejected a date and really meant to keep it. anyway, it costs more for people over 30. 19.99 if you're cold and 9.99 if you're young. at least old people can afford it. >> who is to say what's young

and old. >> and if you're married, it's really going to cost you. >> oh, it's going to cost you. >> an extra premium for that. there's other sites for that kind of thing. thank you very much, scott. 6:57 right now. legendary peninsula restaurant is gone but not forgotten. >> remember may's in palo alto closed after 50 years. much of the restaurant is going up to auction this morning. serving dishes, kitchen items as well as a mirror carved with a wooden frame that once belonged to the asian collection at the cleveland museum of art. the auction starts at 10:00 this morning, get some memorabilia. >> 6:58. one final check of the day's top stories. police investigating antioch's first homicide of the year a deadly shooting, officers are questioning three people in that case. the family of jai mcmath filing a lawsuit against ucsf bennie hoff hospital for a botch's surgery that left her brain dead. mcmath remains in a new jersey apartment on life support.

from capitol hill, republicans say the house will vote as early as today on a bill to fully fund the homeland security department through the end of the budget year, a "clean bill" that would be without immigration restrictions. 6:59, quick check of the forecast before we leave you this morning with rob. >> looks nice outside. emeryville, 43 degrees, a little chilly there. we'll see jacket weather through 9:00 this morning and as we head towards lunch time not too bad, upper 50s, low 60s. mid-60s today for san jose and around the tri valley in livermore. >> we have our eyes on the 70s coming up later in the week as well. thank you. >> i'll show you my maps then, maps south bay shows the traditional building pattern but look, we had earlier -- late slowing here kicking in for northbound san jose heading up to the rest of silicon valley. prepare for the tuesday commute it's here. also over to the peninsula west 92 and eventually the dumbarton bridge, 84 also showing traditional slower drive south

880 and 068 through hayward and cast revalley area and approach to the bay bridge no big drama, a smooth flow of traffic. oakland is very light. beautiful shot for weather as well. >> gorgeous. gorgeous behind us as well. that's what's happening "today in the bay." >> go get some pancakes. good morning. breaking overnight, hillary clinton's camp acknowledges she used a personal e-mail account exclusively as secretary of state. includin government business. did she violate federal law? and was she hiding something? boycott. dozens of lawmakers planning to skip the israeli prime minister's speech to congress. why the president is calling the spech a distraction. striking back. former baseball star curt schilling goes after cyber bullies targeting his daughter, outing them by name online. and now, one of them has been suspended from school.