bullets. holy [ bleep ]! >> breaking news, a barrage of bullets, shots fired in a san jose neighborhood overnight, this captured by witnesses. we are live on the scene. but first, all eyes on the weather this christmas day morning. taking a look live at san jose, christmas in the park, starting off this christmas morning, with wet roads out there. good morning and thank you so much for joining us on this christmas day. i'm marcus washington. >> and i'm kira klapper, in for laura garcia. the "a" team is still here. is mike here, too? >> i'm mike, too. merry christmas and my fwift to you is clearing weather.

we have heavy rain that moved roread to wake up and start tha through, moving through farther off toward the south and away from the bay area. we are going to see some clearing conditions as we go through the day. if you have to head out, here is a look at the bay bridge, the approach at the toll plaza. we are looking at still some wet roads and we're going to see conditions improving as we go throughout the rest of the day. here is a look at the traffic maps this morning. everything is all clear, except for some slowing as you head southbound on 84, as we continue to track that, to see what's going on. the wet roads may cause some issues for you. slow it down, we'll look at complete traffic and weather coming up in a few minutes. shots fired in san jose in a neighborhood there, and witnesses shagot too far from san jose city college.

"today in the bay's" bob redell just got on the scene. we just obtained a video the moment the shots rang out. what do you know right now? >> reporter: as you could see behind me on fruitdale avenue, san jose police have a heavy presence here and have this section of the road shut down to investigate what we believe is an officer-involved shooting. we're still trying to confirm this with the police department. as you can see, a witness partially captured this shooting on cell phone video. another squood car arrived to block in the suspect vehicle, on the video, you can hear what sounds like officers yelling out

commands. the witness says the suspect then backed up into a police car and says the officers opened fire. she's under the impression that the suspect is dead. again, we have reached out to san jose police to confirm all of this information, as you're well aware, it's kris plas morni christmas morning, so you might not hear anything for some time given the fact it's a holiday. we know shots were fired based on the witness video and there's a heavy police press out heencee at fruitdale and lee, about a block away from where we're standing. i'm bob redell, "today in the bay." the latest information.ow raider in aition is celebrating a big win. live look outside the coliseum in oakland, fans treated to a dominating performance as the team beat the broncos, the final score 27-14, this could be the last game ever for the raiders

in oakland. >> as roz pla of emotions. >> raiders! >> reporter: one thing you can always count on, raider nation knows how to throw a party. this celebration is a little bittersweet, as this fan's sign says "the end is near, thanks for the memories." this could well be the silver and black's last home game here at the oakland coliseum. merlin edwards has been bringing his son here for two decades. >> now it's gone. it's gone. it's gone. that's it. that's all. >> reporter: and you're sad. >> i'm sad. i don't want them to go. i'm mad at them for leaving, but you know, it is what it is. >> reporter: the raiders are headed to vegas in two years. the city of oakland is suing the team over the move, which has the raiders angry and looking for anywhere but oakland to play next year, because their lease is up at the coliseum, and their new stadium won't be ready until

2020. the raiders are talking with the giants about possibly playing at at&t park, but some fans still aren't giving up. >> we're oakland. hopefully they stay one more year here at the ol' coliseum. >> reporter: for now, when are savoring this game, clinging to the memories of games gone by, and some, like this fourth generation fan, say they'll follow this team wherever it goes. >> you not gonna stop us. it's not gonna happen. we gonna ride until the wheels fall off. >> reporter: i'm roz "nbc bay area news." an incoming san francisco supervisor isn't so keen on the idea of the silver and black making the move across the bay. matt took to facebook saying the team's move to at&t parkoakland" the raiders are retaliating against oakland for filing a lawsuit and allowing the team to play in san francisco would be rewarding tm behavior.

this morning the oakland police are reporting a police car was stolen and then recovered. at this time, it's unclear if any police equipment was inside or if any arrests were made. this morning on capitol hill, the government shutdown is entering day number four. "closed" signs hang at some national parks and landmarking. many are furloughed without pay. the budget standoff is primarily over funding for the president's border wall. estimates to build it range as high as $70 billion. incoming white house chief of staff mick mulvaney says the president has backed away from the $5 billion he demanded, but at the same time rejects democrats' $1.3 billion offer for border security that excludes a wall. and despite the shutdown, the national christmas tree in washington, d.c., is back open to the public, thanks to the

national park foundation. the organization provided enough grant money needed to reopen, operate and manage the site. some areas of the site are still restricted, but overall, visitors are able to visit once again. this morning, a safety warning for you. the menlo park fire protection district wants you to remind you of fire hazards of real christmas trees inside your home. ane department says it's keep candles away. officials add you should limit the number of extension cords near the tree and another reminder for you, for christmas cooks there, if you're deep crying turkeys, make sure not to overfill the fryers with that oil, and to do all of this outside in an open area. >> it always seems that every christm christmas, the newsroom gets a phone call about a fire because of a deep fryer. >> take it outside. 4:37 right now. thousands of parents in san francisco are waking up to a sight they never thought they'd see. >> toys actually under their

trees, and it's all thanks to this toy drive, for the 18th year lefty o'doul's had their toy drive. people dropped off thousands of gifts and san francisco firefighters helped santa get the gifts delivered. >> lefty always liked kids. never had any kids of his own, always wanted to do something for churn and this is one of the ways to carry on his memory, by helping the fire fighters. >> some can have the christmas morning they hoped for. >> so cute to see. 4:38 right now. coming up here on "today in the bay," the request from san francisco mayor london breed that governor brown is denying this morning. plus, some much-needed christmas cheer for victims of the camp fire in butte county. survivors gather for a celebration and healing in the town of paradise. we take you there.

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♪ ♪ ♪ ♪ the things that matter most happen one morning and one cup at a time. ♪ ♪

involved in a high-profile bay area case. 4:41 right now. this morning, governor brown is deciding not to get involved in a high-profile bay area case. he's turning down a plea by san francisco mayor london breed to release her brother from prison early. he's sentenced for 40 years for killing a friend in 2000. our investigative unit first reported last squeak week that mayor breed wrote to the governor saying that her brother's sentence is excessive and should be reduced but the governor released a lengthy list of pardons and the mayor's

brother was not on it. governor jerry brown also is ordering new dna tests for a death row inmate whose claim of innocence has captured national atenlgtention attention. kevin cooper was convicted back in 1985 of killing a southern california couple, their 10-year-old daughter and her 11-year-old friend. he claims evidence tying himit to brutal murders was planted and modern dna tests will prove it. prosecutors say two previous tests clearly show that blood on the t-shirt and hatchet handle came from cooper. the governor says he's not taking any sides, and if re-testing the dna does not clear cooper, t t should be closed. a southern california mayor is deciding and police shooting and internal investigation records. englewood made that decision at a city council meeting earlier this month, the move comes weeks ahead of an implementation of a

new state law which could allow the public to access the records. there's no connection between the law and the city's decision to shred the records before they become public. survivors of the camp fire in butte county are gathering to reflect. >> all right. all right, there you go. >> thank you. >> that was at paradise alliance church last night. for some, this is the very first time seeing one another since the wildfire in november. children were able to meet santa and mrs. claus and enjoy a choir singing holiday hymns. both services were open to the public. coming up on "today in the bay," kari is tracking your christmas forecast. >> it starts out wet. we can see the leftovers from the rain that rolled through last night. as we get a live look in downtown san jose, christmas in the park, as you head you tout campbe campbell, it's in the upper 40s. the lo of sunshine today. we'll get a look at what's

ahead, coming up next. plus, second act ofference . -

welcome back, at 4:46 on your christmas morning. clear look at the beautiful transamerica pyramid here in san francisco. what a nice way to start the day, if you're up wrapping presents, thanks for joining us. we have a sunshiny day and kari hall gives you the weather and traffic. >> we will get some sunshine later today. i know it was so soggy in parts

of the bay area yesterday. now that weather system has moved on and the cold air will dip in, we'll start to feel it tomorrow morning but not too bad out there right now. we look at our clean sweep on mobile doppler radar, we can see this system as it moves away from the bay area, some sierra know. if you will be traveling akrolgs the reen cross the region headed south you will have rain toward the sierra. the snow showers will gradually taper off and here we look at sunshine and it's starting to cool off, as the cold front sweeps through, we can almost see by our temperatures where it is now. it's past through ukiah and it's 37 degrees. you head down to santa rosa and napa it's 42 and 49 in antioch with some low 50s from san francisco down to the south bay. so our temperatures continuing to cool off, and so as you get dressed this morning, wear something nice and warm, a jacket, maybe with a hood, and

with a hat, because it's one of those days you need to bundle up. of course we're wearing our christmas colors today and as you head out around the b is, we're looking at temperatures that will reach into the upper 50s and low 60s, some gusty northwesterly winds today and looking at the east bay, with highs about seasonable for this imtoo of year, upper 50s to low 60s there. san mateo 56 degrees, and 57 in the mission district. north bay only reaching 55 in ukiah, and in novato reaching 59 degrees. if you're planning to head to christmas in the park today, beau wtill start out windy this morning, but the winds will start to calm down as we go throughout the day. still breezy, as we s en colder as we hea weekend. morning temperatures may start out with the freeze, and a slight chance of showers as we head toward sunday, san francisco looking at some cool air for the rest of the week. this is a look at the richmond-san rafael bridge, the

approach there, as we start out with those wet roads, looking at our traffic maps. we are just looking at a couple of minor issues. we still have in some spots some standing water on the roadways, after getting some decent rainfall totals overnight, and now we're still seeing some of the leftovers of that, but all of our sensors are mainly green, showing that roads are flowing smoothly, even with a few issues out there, our east bay drive times are all looking pretty good, looking green here, no matter where you're traveling. i'll keep an eye on all of these things for you this morning on christmas, and i'll have another look coming up in a few minutes. >> thank you. 4:49 right now, we're fortunate when it mz could come theater. some broadway shows make their way to the bay area. >> some independent shows deserve all the fanfare and we're getting it this morning from one man. >> the best thing a theater

company can see when they step on stage is a full house. the next best thing they can see is barry horowitz in the audience. for small bay area theaters, he's about the best and most selfless friend they could have. any play worth seeing has got to have some surprises waiting for the audience in the second act. that opinion just one of many held on the subject of theater by barry horowitz. it also pretty well describes the second act of barry's life, which to him has come as something of a surprise. >> totally unexpected. i never expected to do anything like this. >> barry's first act was that of professor, for 50 years, at st. mary's, barry taught thousands about literature, history and theater. when he retired in 2012, barry thought he had, well, retired. then one day, he saw a play, one he loved and thought deserved

more attention, so he volunteered to write a review for a theater website. that one review turned into another, and another, and so many more. >> then i found there were so many plays and so many theaters that i didn't know about, and i couldn't cover them all. so i started giving assignments to friends of that i knew and teachers that i with. >> reporter: and pretty soon, barryas running theatrious, his own site reviewing with a stable of writers, dozens of shows a month, all over the bay area. rorter: many small, independent productions tackling important social issues, and he does it all for free. >> the pay is zero. it's all outgo and no income. what i've got here are all the ones i've done recently. >> reporter: barry says he spends hundreds of hours a month reviewing, writing, and editing, all because not doing so would be to waste so much that he has

learned in life. >> at a certain age, you realize that this is the moment that you should do whatever you have been prepared for. and i've had a lot of preparation that i didn't really realize. >> reporter: a surprise twist in barry's life, worthy of a standing ovation. aside from the pay, barry says the biggest difference between what he does now and teaching is that now his writers, he never assigned them to do a review. everybody volunteers to review the plays they want to see. garvin thomas, "nbc bay area news." >> that made me bay area proud. >> definitely. coming up here on "today in the bay," be "nbc bay area responds." >> merry christmas. now go shopping again. i'm consumer investigator chris chmura. we'll explain why a trip to the mall sooner rather than later might save you some gift card hea heartache. "nbc bay area responds," next.

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and good morning on this christmas tuesday for you. >> totally -- >> a lot of people stay at home but hopefully you're watching here on "today in the bay." of course the golden gate bridge there. 4:55 right now. >> i don't know if i'm laughing or weeping because we're the only people awake right now. >> hopefully not. >> yes. a lot of people up opening gifts and this year the thin piece of plastic that requires your immediate attention. >> we're talking about gift cards. shoppers spent almost $30 billion on them this year. consumer investigator chris chmura is making a list of advice to make sure your gift

cards don't become worthless. >> merry christmas. chances are high there's a gift card in your stocking or under the tree. the national retail federation surveyed holiday shoppers and found 59% expected to get four apiece and put about $49 on each of those gift cards. here is the thing. thieves are hungry to steal from those gift cards. these days, they don't need to take the card itself to swipe the value. let's say they're low-tech and highly effective. we've dealt with several cases where people lost all the money they parked on their gift cards and the thief is never found. the solution is to beat the bad guys to the punch, to use your gift cards christmas sales, why not spend your gift card right away while everything's on clearance? stretch out that card. just keep buying until the balance is zero. if you have trouble with a gift card that you can't solve yourself, please, let us know. maybe we can help. 888-996-tips or online at nbcbayarea.com/responds. merry christmas.

>> merry christmas to you too, chris. come up on "today in the bay," kari is keeping an eye on your forecast as we celebrate christmas morning. >> we start out with some drying conditions. we had rain that moved through during the overnight hours. looking at fremont now, as you step out the door this morning. it will be in the upper 40s, only headed into the mid-50s today. look at all of our microclimates in the christmas forecast, coming up next. plus we have breaking news in the south bay, shots fired in a san jose neighborhood and we have incredible witness video fe of how the investigation is unfolding, next. breaking news--f

breaking news. [ bleep ] that is breaking news, a barrage of a b overnight. that captud witnesses. we are live on the scene. but first, all eyes on the weather this christmas morning. taking a look live now from san jose, christmas in they? o'll f marcus washington. >> i'm kira klapper in for laura garcia, kari hall is in for herself and mike inouye for the traffic. >> everything is nice and quiet on this christmas morning. we start out with some wet roads, though. after some rain moved through yesterday evening, storm ranger showing that now, we are getting a clean sweep, not a lot going on, but this weather system as it moves away, bringing still sop light snow to the sierra on

this christmas morning. let's head over to walnut creek, where our temperatures will be in the mid-40s as you head out the door and we'll get sunshine and warming temperatures as we get a look at what's happening in the north bay. we have' had some patches of fog moving through parts of the north bay, as the rain clears out, but it' all clear right here on highway 101 in san rafael. let'sk