closed captioning by closed captioning services,inc good morning i'm eric thomas in for kristen sze. and i'm cheryl jennings. violence hits again. the most recent shooting happened last night. amy hollyfield joins us from oakland with the story. >> reporter: the restaurant put surveillance cameras in after the owner was killed in the hopes of detering crime. yet, here they are dealing with violence again. it looks like the victim was on his way to the restaurant. they know he was shot while driving. a police officer started trailing him when he was

driving erratically. when he arrived here, the officer realized why. the party supplies were never used. an i of the restaurant was shot on his way to -- an employee of the restaurant was shot on his way to the restaurant. >> the highway patrol came to help him. at that point, the gentleman leonardo, i heard his name is, stumbleed some more and fell to the ground and the policeman started helping him. >> reporter: police say he was shot in the neck. they are not sure where the shooting happened. it was about 10:30 last night. the restaurant is still reeling from the april shooting death of its popular owner. no one has been arrested for his mur. -- staff weren't in the mood

for last night's party not many were here. after the shooting of the 20-year-old employee she shut it down and went home. >> it is traumatic. i went to the owner's funeral. and the wake the night before. and i know these people personal little. so it is very sad. i'm saddened by the fact that they have to experience this. >> reporter: they don't know yet whether the surveillance cameras captured the shooting or anything helpful. the owners aren't here to hook at it yet. police have not made any arrests. they say the victim is in the hospital, expected to be okay. amy hollyfield, abc7 news. fremont police are searching for the drivers of two vehicles who took off after hitting and killing a 56-year-old man. the hit-and-run happened before 8:00 last night south of highway 84. say the man was crossing the street when an

suv hit him and the driver kept going. then a second vehicle behind the suv ran over the man and also kept going. the name of the victim has not been released. anyone with information on this investigation is asked to call fremont police. pg&e is working to restore power to a large area in fremont. 6200 customers lost electricity this morning. right now that is 1400. pg&e believes the outages were caused by a downed powerline on beard road north of whitehead lane. it hopes to restore all power by afternoon. oakland police say an arrest is imminent on the shooting death of a merchant marine. 23-year-old charles butler was shot outside his home preparing to head to sea for the first time. a transplant patient received butler's liver sunday and another man received his

pancreas and kidney. >> it is hard to put into words how grateful that me and my family are for what this yuck man do for for us and i -- what this young man can do for us and i got a second chance on life. i wanted to thank them. >> charles butler has given the gift of life to four patients. a sears store near you may shut it -- may soon close its doors because of poor holiday sales up to 120, the retailer has not revealed which locations will shutdown. sales dropped 5% during the peak of the holiday shopping season. one analyst says sears failed to reinvest in remodeling its stores and drove shoppers to wal-mart and target. consumer confidence in december surged to the highest level since april and near a post recession peak.

the conference board says index rose almost 10 points in november to above 64 points better than expectations. the reading remains below the 90 point level that says an economy is solid. the confidence numbers account for 70% of u.s. economic activity. online shoppers got a big boost on christmas day a survey found internet sales spiked more than 16% from last year. the dollar amount of sales made using mobile devices jumped 174% over last christmas major increase in people using ipads, tablets and smart monies helped to dive up those numbers. nationwide, home prices are down 32% since the housing bubble burst five years ago december saw the second straight month of price declines in the bay area housing prices dropped 7/10 of a percent from the previous month. republican presidential

candidates are plodding into iowa today trying to gain an advantage with a week left before the first in the nation iowa caucuses. karen travers reports. >> reporter: the republican contenders are gearing up for the final sprint one week until the iowa caucuses they are fanning out across the state revving up buses and pushing closing arguments. with many voters still undecided it could be anybody's ballgame. >> people around the country especially in iowa, want to make sure their decision is sound. >> reporter: the latest poll has newt gingrich on top. in new hampshire one week after iowa, mitt romney has a commanding lead. gingrich's campaign planned to stay positive. yesterday they blasted romney as a massachusetts moderate. that new tactic may be complicated by a new memo from 2006. in that memo, gingrich praised romney for his health care plan. over the holiday weekend the candidates declared truce.

no negative ads were on the air in iowa. now the presents have been unwrapped it is back to politics as usual. perry out with an ad that goes after opponents who served in congress. >> if washington is the problem why trust a congressman to fix it? >> reporter: the only one who escapes perry's attack, mitt romney who like perry has never worked in washington. romney has a new ad that stresses his conservative credentials. >> i'm going to do something to government. i'm going to make it simpler and smaller and smarter. >> reporter: today newt gingrich, rick perry and michelle bachmann launched bus tours across iowa looking to be the anti-romney candidate that conservatives rally around. car haven't traverse, abc news, washington. -- how facebook helped a kidnap victim and her baby son escapee five-day hostage or keel. -- ordeal.

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. take a look at this. a brawl in mall of america minneapolis. at one point as many as 200 people mostly teenagers, were involved in numerous fights. police arrested nine for disorderly conduct. nobody was seriously hurt. they believe the fights broke out after rumors broke out that two famous rappers were going to be there. a utah woman turned to

facebook for help after she and her 17-month-old son were held hostage for five days. police say country field took all the phones from the home and -- and would not let the woman communicate with friends or family she hid in a closet with her laptop and posted a plea for help saying she would be dead by morning if she and her son weren't rescued. somebody called police and they went to the home to check on her. >> i'm not on it. all my nieces are. i could probably find somebody to help me. >> he beat and tried to strangle his girlfriend and beat her young son. he held her against her will about a year ago. prince philip returned to the family country estate today after a hospital stay. the queen's 90-year-old husband smiled and waived -- and waivered as he left the

hospital he underwent a success -- successful coronary stent procedure. he complained about chest pains last friday. sex--- same-sex spouses are paying more than $6,000 a year in taxes. while marriage provides tax benefits for many heterosexual couples same-sex families are not allowed to file their federal taxes jointly in california same-sex couples registered with the secretary of state are required to combine their federal tax returns and file their state taxes jointly. businesses use reward programs these days to attract customers now airports are doing the same. more than 30 airports nationwide, including the three airports in the bay area have joined the thanks again program. it awards flyers miles for parking, shopping or dining at

airports. register a credit card and you can get points for every dollar spent, delta, american, united continental and us airways are participating. we have a link on abc7news.com. look under see it on tv. today is not a spare the air day but officials don't want you burning wood. they are asking residents to refrain from woodburning today so our smokey skies can recover from the christmas weekend. smoke pollution still surpassed healthy standards over the holidays. the cold stagnant weather conditions are causing the air to take longer to blow away. meteorologist frances dinglasan is in for mike nicco. >> you mentioned airport rewards. you could be earning a lot heading to atlanta one hour delays, two hour delays to newark and one hour delay to

philadelphia. we'll show you a live shot of mount diablo. a little valley fog still lingering. more sunshine. i'll have temperatures coming up. why buy when you can rent. new service for parents that will save a bundle when it comes to kids' toys. 

are you feeling lucky? today people will be lining up across the country hoping to hit tonight's 206 million dollar mega millions jackpot. cash option of nearly 152 million dollars. nobody matched all six numbers friday night the jackpot was worth 173 then. it is played in 41 state, includes california you still have a few hours, tonight's drawing at 8 p.m., good luck. you running out to get one? >> i am. even if i won all the money i couldn't buy my way out of fog today. >> you could in some spots it is starting to clear out. i'll take you outside to show you a couple live camera shots. >> but it is clearing up for free. >> even better. check out this shot at heavenly mountain resort. not much snow now not much

expected this week just a slight chance tomorrow. another live shot where we have a little fog still lingering over parts of the bay. we are in emeryville now looking west towards san francisco which is kind of obscured by the lou clouds. here's the story -- by the lou clouds. here's the story, here's the picture, clouds -- pushing back to the coast in some areas we are getting sunshine earlier this morning, you see that live shot looking towards the golden gate bridge to the north. temperatures now getting a lot better more 50s, 53 redwood city, 51 san jose, 48 san francisco for today partly cloudy. tonight clouds return which means milder overnight temperatures for tomorrow morning. slight chance of rain is coming in to the north bay starting tomorrow. it is slight and i'll tell yousq more about that itch here's a look at the satellite radar --

system this area of high pressure and jet stream and this ridge will keep most storms to the north of us. that means we'll see the tail end of the storm systems and that's why we where saying a chance of rain wednesday through friday for the northern most counties. not much damage in terms of the rain impact. here's the model that shows the areas of green where the rain is expected to fall. mainly northern california, once day comes down a little thursday friday possibly light rain in the northern counties it is not much of a big deal or a rainmaker. i don't think you need your umbrellas. today we experience highs around the 50s. 55 san francisco, 56 fremont, 57 in san jose. in the south bay rather monterey bay temperatures warmer, more sunshine for you already 63 in salinas, 62

watsonville and 61 santa cruz. overnight lows milder, mainly in the 40s not as many widespread 30s as this morning. 38 in santa rosa and 39 in livermore cool spots. 40s for rest of us, 48 san francisco and 42 san jose, 46 half moon bay milder along the coast. here's your seven day forecast, fog this morning now that's starting to burn off, we are seeing more sunshine a little earlier this afternoon, luckily no big flight delays right now at sfo. if you are heading towards atlanta hourlong delays and two hours heading to newark. we are keeping that slight chance of rain wednesday through friday, not much in terms of measurable precipitation. looking dry through the new year. >> frances, thank you. your children are they still basking in the glow of

all those new toys they got this year? how long do you think that excitement is going to last? now there's a toy rental service that can save parents hundreds each year and keep the little ones entertained. becky who arely has more. -- becky worley has more. >> reporter: christmas, toys, excitement. then those shiney objects start to dull. >> tags still on it, yikes. >> reporter: i have tubs of toys my kids don't want to lay with any more. what if christmas comes more than once a year. nicki is the founder of a web-based toy service that bills itself as. >> we are the netflix of toys. >> reporter: moms and dads subscribe for $25 a month they get 40s mailed to their homes. >> that box is -- $120 worth

of toys that she paid $10 if i four for. parents spend 22 billion dollars a year on toys -- hassle and relatively low resale value inhibitors. when it comes to finding a bargain some garage sales or give up and shell out the cash for new toys. the website is a big money safer. >> [ inaudible ] >> reporter: boxes ship out sick times a year. she uses it for her daughter. >> she loves it. it is like her getting a present every time a new book comes she has a present or new box of toys that she is so excited to open up. >> reporter: the employees

inspect, reassemble and sanitize them they mail out puzzles, learning tablets. this year these toys maybe the best option for families stretching a dollar as far as their children's love of play. >> that was becky worley reporting. let's hope they send out the sturdier toys. my kids were experiment the insides. >> that's a good idea. >> it is. >> next, old fashioned tweets. bird watchers out enforce around the bay area. >> what their goal is today.

regifting etiquette. then, the pocket camcorders that are replacing the flip. michael finney will have consumeer reports picks. >> the public sounds the alarm over one city's new burglar alarm policy. those stories and more later today. more than 100 bird watchers are scouring the bay. >> teams started early this morning at dawn they will go until dusk to count bird species that spend winters in

san francisco. >> it marks the 29th annual christmas bird count for the golden gate audubon society. last year observers counted 177 different species and more than 57,000 individual birds. >> i keep wondering if they are counting the same bird twice. >> imagine waking up and seeing this. a utah family found a five foot buck in their home on christmas eve. >> he fell into the wind well broke the window and ended up in the basement. family closed the door so the deer couldn't get out, a controversial move. the kids thought this was the coolest christmas gift ever. >> until they opened the presents. frances dinglasan has final check of the weather. >> that is pretty cool and it is cool outside so grab a jacket if you are heading out.

mid 50s for most of the bay area, 55 in san francisco, 57 in oakland. 57 in san jose. slightly warmer afternoon monterey bay. from all of us here at abc7 news thank you for joining us. >> who wants to be a millionaire is next. >> to keep track of the latest breaking news on twitter and. >> and you can talk about it on facebook. on facebook. >> have a@@

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