closed captioning by closed captioning services,inc a san jose police officer shot and killed a man this morning. >> this is the fourth officer involved shooting in less than two weeks. amy hollyfield joins us with the story. >> reporter: i asked him about that. police told me this -- there have been so many police involved shootings, they fear things are going to get more violent on the streets here. they say 3 to 4,000 parolees will be released in san jose [ inaudible ] the man was shot and killed on

hillcrest around 6:00 this morning. officers think his criminal activity started on communications hill, 30 minutes before he was shot. there were reports of gunfire on -- the bullets hit a parked white nissan about 5:30. 6:00 police were called about a suspicious man. >> at that point they contacted a lone male armed with a handgun. officers saw some type of activity that suspect displayed with the handgun that led them to believe they were in danger for their lives. one officer fired striking the suspect. the suspect is deceased as a result. >> reporter: the man was shot and killed in a residential area full of apartment buildings and houses. >> i heard screeching noise and gunshots. and the cop sirens.

>> reporter: the crime scene created confusion. the man was shot in front of this central county occupational center, a continuation school that had to be shut for the day. many students didn't get the word until they got here. >> wow, that's crazy. okay. >> reporter: this is the fourth officer involved shooting in san jose this month, the fifth of the year. police say this illustrates how dangerous their job is. >> we are not going to expect that officer to do anything less than what he needs to do to go home. to the extent he's being confronted by an armed suspect i don't know there's anything else he could have done. >> reporter: police haven't said why the man would have been shooting up a car walking around with a gun. they haven't released any information about him, who he is, his age. they are still working on notifying his family. they hope to have those details later today. amy hollyfield, abc7 news.

in san leandro a criminal investigation underway after a suspect resisting arrest died at the hospital. the man was taken into custody last night on washington avenue. workers called police to report a man acting strangely and scaring customers. investigators say the suspect's health began deteriorating after an officer tasered him and put him in cuffs. at this time the cause of death is not known. this columbus day is packing rain for the bay area. this is downtown san francisco, you can see raindrops here, definitely drizzley and blustery as well. those rain deposits will be moving south today. let's check in with meteorologist mike nicco. good morning. check out live doppler 7. some of the thicker drizzle p if you bill, around the bay area from daly city south san francisco, san francisco across the bay bridge, alameda, berkeley to hayward some

moving through marin county light rain in santa rosa one point this is not the heaviest this is the moisture coming ahead of the system. the system is still to our north when it rolls down look for the rain to pick up and move north to south. we'll talk about possible record high temperatures in the back half of the forecast. governor brown signed dozens of new bills into law before midnight. one allows girls as young as 12 to get the hpv vaccine, without parental consent. the human papilloma virus is the leading cause of cervical cancer. another law makes it illegal for anybody under 18 to use a tanning bed, even if a parent says it is okay. other new laws require insurance companies cover autism. employers are now banked from running credit reports on job applicants.

policies to prevent anti-gay bullying. police with will no longer be able to impound cars from licensed drivers. californians will no longer be able to buy alcohol at the self-serve check-out stands. >> one of the laws the governor signed will ban californians from openly carrying unloaded handgun. long pitted gun rights supporters against law enforcement and public safety advocates. katie, this does not end the debate. >> reporter: not even close. livermore and walnut creek were two bay area cities that saw pro open carry department stations over the last year. starting january 1st, it is going to be illegal. at least one man in livermore says he has a plan to remain armed. >> the willful disregard of our rights should be offensive to everybody. >> reporter: he wears an unloaded handgun on his hip during our interview.

he says he was disappointed the governor signed the bill into law. making this very act illegal. >> simple common sense says criminals do not openly carry firearms when they go to commit crimes. >> reporter: governor brown says he made his decision because it is what california police chiefs wanted. they and other supporters say open carry wastes law enforcement time and resources. a spokeswoman with the brady campaign told me it is great for them. walter stanley calls it a loss for all americans. >> nobody should feel unnerved by seeing another citizen who is openly bearing arms this is a free country. we all need to remember that. >> reporter: violators face up to one year in jail and up to $1,000 in fines. the livermore police department was unavailable to talk this morning. as for walter stanley, he says come january 1st, you bill find him openly carrying an unloaded shotgun or rifle.

neither of which is covered under the bill. federal investigators are getting involved after a second act of vandalism over the weekend. somebody broke into the hatchery saturday and released 20,000 young salmon in the sand fran bay. monday, there was a nearly identical break-in, another 40,000 salmon were released. the fish -- were being raised by students. nobody has claimed responsible. animal rights activists have criticized the spends as filthy and overcrowded. the sheriff's department and fbi are investigating. police move in overnight to evict occupy wall street protesters in one bay area city. in new york, hackers are threatening retaliation today for hundreds of arrests. republicans and religion. the debate that is taking on a life of its own. verizon 4g lte.

america's fastest and most reliable 4g network in over 140 cities. verizon. built so you can rule the air. a dozen campers participating in a weeklong protest were forced to leave or face arrest. the demonstration called occupy san jose is done in solidarity with wall street protesters. as many as 300 crowded the sidewalk outside city hall. around midnight police told the remaining protesters they were violating the city's no camping ordinance.

>> most of the folks decided to obey their request or warnings to pack things up. a few people determined to stay. the police cited one. >> this afternoon, at 4:00, the focus shifts to oakland's plaza where supporters will begin an occupy oakland protest. the mayor has declared her support. similar protests have shown up in at least 25 other cities nationwide. >> in new york, demonstrators are starting a third week of protest with no end in sight. today, a hacker group is threatening to take things further. >> reporter: for 24 days the occupy wall street movement that began as a profess again the smorgasbord of issues has been narrowing focus. income inequality at the heart

of the demonstration. the 99% is everyone who is not among the richest 1% of americans and they say economic policies and corporate greed have helped that 1% get richer. >> we will show the world that we are try true to our word. >> reporter: today a hacker group called anonymous is threatening to shutdown the new york stock exchange website. it is retaliation the group says for the hundreds who have been arrested. one arrest happened over the weekend in the nation's capital where a protester reportedly threw a shoe at a police officer in city guards used pepper spray when some tried storming the air and space museum. the debate has moved inside the halls of congress. >> i am increasingly concerned about the growing mobs occupying wall street and the other cities across the country. >> i didn't hear him say anything when the tea party was out demonstrating, spitting on members of

congress here in the capitol and he and his colleagues were encouraging them. >> reporter: one thing they have in common with the tea party, nationwide appeal the protests have spread to more than 250 cities. scott goldberg, abc news, new york. kind of messy out there >> a lot of drizzle especially lower elevations to the bay shore or coast. delays sfo nearly an hour and a half. we'll talk about heavier rain for the next 24 hours. then maybe record high temperatures. explorers find a sunken treasure inside a 94-year-old shipwreck. he we'll tell -- we'll tell what is going to happen to millions worth of silver. >> netflix ditches its plan to split into two separate services. 

. republican presidential contend eric perry took aim at his rifle mitt romney this morning, launching a blistering new attack ad following a week of controversy over their religious beliefs. >> reporter: he's sinking in the polls and facing a critical debate test this week.

now rick perry is taking aim at mitt romney. in a new ad the perry campaign slammed romney on health care, jobs and used the candidates own words against him. perry may be focusing on romney's record. over the weekend romney's mormon faith took center stage a a dallas pastor introduced perry like this. >> rick perry is a leader, a true conservative and he is a genuine follower of jesus christ. >> reporter: the comment was intentional. he later said he believes romney is not a christian. therefore, not an acceptable candidate. >> in my estimation mormonism is a cult and would give credence to a cult to have a mormon candidate. >> reporter: romney says he is a christian. four years ago he delivered a key speech about his faith. nearly half of republican primary voters that cycle define themselves as evangelicals only 20% voted

for romney. >> this wasn't just attitude, i was behavior of he struggled. >> reporter: romney's fell republican contenders avoided the topic this weekend. >> i am not going to do an analysis of mormonism versus christianity for the sake of answering that. >> this is so inconsequential as far as this campaign is concerned. >> reporter: a new poll shows romney with a substantial lead in new hampshire ahead of the rest of the field by 18 points in that key early state. karen travers, abc news, washington. two americans won this year's nobel prize in economic sciences. one has bay area ties. sar and sims were cited for their work in macro economics. sargent on the left earned his bachelor's from c berkeley in 1964. he held teaching positions at stanford and hoover institute fellow. sims is a professor at

princeton. treasure hunters have struck it richover the coast of island. a florida-based crew found the wreckage of a british ship sunk by a german torpedo in 1917 in the north atlantic with 20 tons of silver onboard now worth 18 million dollars marine exploration plans to recover that silver next spring. the british government gets 20%. last month odyssey discoveredder in ship with an estimated 200 million dollars of silver onboard. -- >> 80/20? 100% when it comes to chance of light rain today? >> absolutely, at least drizzle. up to possibly half an inch in the north bay. good morning, 11:20 south from south beach you can see how limited visibility is due to drizzle and lou clouds,

moisture and warm airstreams -- streams in. clouds are thicker than they were a couple of hours ago. in case you weren't with us at the top of the show, i've broadened the picture to show you that the bulk of the heaviest rain is in the sierra, all rain, not snow like our last system. behind this we are going to have drizzle and even light rain during the afternoon that's what you see in the northern part of our state. right now mainly cloudy with the drizzle, temperatures running, this is a warm flow. the coolest weather 62 half moon bay. even with the drizzle still a mild morning which will lead to a mile afternoon. 60 santa cruz. -- cloudy with drizzle and cooler temperatures through most of the day compared to yesterday light rain this afternoon and spreads from north to south during the

evening and overnight. once the storm passes it is going to be sunny warmest weather wednesday, thursday, into friday. today temperatures falling backwards because of the lack of sunshine. cooler compared 24 hours ago. >> sunsets about 6:40. low to mid 70s east bay valleys, one of the last areas to see the organized rain. drizzle allen the east bay shore now. mid to upper 60s, 70s around fremont. mid to upper 60s on the peninsula just now starting to get drizzle. throw mid 60s along the coast into downtown. south san francisco 67. north baylor raining, coolest temperatures mid to upper 60s. -- you have to wait for the sun to set for the rain in the monterey inland mid 60s to mid 70s. most of the rain north of i-80

during the afternoon. sun and warm weather, head to fresno, l.a. near 80, 91 in palm springs. tonight mild, 50s to 60s. drops falling, still chance of scattered light rain overnight. here's the warm front ahead of a warm front we get longer duration rain and drizzle and cloud cover and mild conditions. cold front brings thunderstorms which he are not going to have that cold front won't make it in here. as we head through the morning hours into the noon hour heaviest rain up north moving through the bay by 5:00, 6:00, out of the south bye-bye 8:00 to 9:00 -- light rains for tomorrow's morning commute probably have wet streets everywhere. by noon the front washes out tuesday evening high pressure, rain gone.

up to a quarter to half an inch possible in our higher elevations in the north bay valleys. accuweather 7-day with a little sun tomorrow, 2 to 4° warmer today. thursday, 14° warmer everywhere even at the coast. if you want to go to the coast to get sun and warm weather, thursday is your day. >> i'll take the day off. >> i'll see threw. netflix bowing to -- pressure backing from a plan to split dvd and streaming services into two companies. this morning the company announced it will continue to run both services under the netflix name and website. the company will stand by its plan to charge customers individually for each, more than 600,000 customers have dropped netflix since the new pricing plan was announced in august. coming up, we have a winner the annual half moon bay pumpkin contest. >> the giant prize that the grower of the biggest pumpkin

this year will walk away with:

. today at 4:00 the occupy wall street demonstrators keep beginning mainstream support is that what the founders want? >> at 5:00, debate heating up now that governor brown has approved that bill allowing girls as young as 12 to get the hpv vaccine without parental consent. local man has won this year's half moon bay pumpkin

weigh-. >> he's of napa his -- pumpkin came in at 1704. >> this is video of earlier this morning. is more than 1800 pounds held by a wisconsin man. >> last year's champion came from citrus heights and weighed 1500 pounds. >> he will take home more than u winning entry. >> six dollars per pound, not too shabby. >> people will be able to see think weekend when the weather will be nicer. >> good weekend in half moon bay, won't look like this. m?<