closed captioning by closed captioning services,inc good morning i'm kristen sze. and i'm cheryl jennings attorney for an oakland families says why he's filing a lawsuit. a mother says police shot her unarmed son monday fight. the wounded man is tony jones the cousin of oscar grant killed and shot by a police officer. >> reporter: the attorney is based here in san francisco he will be the one suing oakland on behalf of the man who was shot. i asked the attorney what he's hoping for? he said his client should be paid for his pain and ing. he wouldn't say how many -- and suffering. he wouldn't say how many zeroes he is expecting if he

wins, he says it should be a substantial amount. his client is 24-year-old tony jones. he says jones was shot in the back by oakland police officers and he posed no threat. this happened sunday night while police were looking for a robbery suspect. they pulled over a car jones was a passenger in. police say jones ran. police pursued him and they say they realized he had a gun. they did not say whether he pointed it at police. police say he did not fire it. jones is suing for unreasonable use of force. >> i think what happened to mr. jones was wrong. i think the cops used unreasonable force against him. he did nothing wrong but get out of car, the vehicle they stopped and he started walking away from them. they then pulled up behind him he ran across the street that's when he was shot in the back. >> reporter: jones' mother and

oscar grant's father are siblings. so jones and grant arecus s -- are cousins grant was shot and killed by a bart police officer. jones is in the hospital in stable condition he has not been charged in that robbery that police were originally investigating. he says he was not armed. his attorney believes him. police say he was armed that's all officers are saying. police tell us they cannot comment any further because the case is under investigation. amy hollyfield, abc7 news. the san francisco district attorney's office says the shooting death of a homeless man by a bart officer was justified. the d.a. will not press charges again the officer in the death of charles hill he was shot and killed last july at civic center station. shortly after bart released video they say shows hill throwing a knife at officer james crowell. the d.a.'s office says crowell

fired in self-defense and they praise him for have a calm demeanor. deputies trying to determine the cause of an early morning house fire that took two lives. firefighters were called to a small home at the end of west gate lane past midnight. it took an hour to knock down the fire. the victims were 90-year-old woman and her 65-year-old son. investigators say autopsies will be necessary to confirm their identities. the man accused of beating a berkeley hills only owner to death is set to make his first court appearance today. the man was beaten to death with a flower pot saturday night at his home. daniel dewitt is accused of killing him. his family says he's a paranoid schizophrenic who has been in and out of mental health facilities. there's an investigation into the timeline of police

response. police got a nonemergency call reporting a trespasser at the home minutes before he was killed but did not respond immediately because the department decided only to respond to emergency calls. it prepared for a planned occupy protest. lights are back for thousands of customers left in the dark by morning transformer fire in san francisco. the fire broke pout in the mission district at the top of a pg&e pole on dubose near mission around 3:45 a.m.. it was snuffed out by crews. the outage an he can ifed more than 2300 homes and businesses. >> less than three hours from now sheriff ross -- ross mirkarimi is scheduled back in court for a hearing his trial is set to begin friday last month he was charged with domestic violence, child endangerment and dissuading a witness the three charges come from an altercation he had with his wife on

new year's eve. both have denied the charges. this ash wednesday is a day of repentance for many in the christian faith. right now clergy of all faiths are demanding bank executives repent for the closures they carried out in the bay area. >> reporter: very unusual, ash wednesday kicks off a 40 day period of repentance and apologies for all your wrongdoing. here today, there was a sprinkling of ashes in front of the wells fargo building not so much in a religious sense but to symbolize many dreams have turned to ashes during the foreclosure debacle. people sprinkling ashes in front of the atm machine and in front of the doors at wells fargo on california street. san francisco organizing project organized this.

they had a variety of religious traditions represented, catholic, christian, episcopalian, muslim, calling to modify loans, lower interest rates and stop foreclosures are forgive those who can't afford their mortgage. they say it wasn't long ago that many banks needed help and the american people helped them out. >> in the parable of the forgiving servant, i believe the servant was given forgiveness but turned around and didn't forgive the fellow servant. i feel like that is happening in this situation. the banks were given bailouts and they are not helping the people in any way and the people are suffering. >> reporter: representatives of sfop went into the bank and tried to deliver a letter asking for help to executives. we did get a response from wells fargo. their response said in part: "the unfortunate reality is some customers are in homes they cannot afford even with

substantially reduced payments we make every attempt to avoid foreclosure." certainly not enough for sfop. members say they've convinced members of their variety of churches to withdraw their money from wells fargo to date that has amounted to 10 million dollars if the demonstration doesn't get the attention of executives maybe something like that would. at least that is their hope. terry mcsweeney, abc7 news. today the government's new consumer watchdog agency launched an investigation into the overdraft fees that banks charge. consumer bureau will ask banks for more detailed information about how the fees affect consumers how overdraft protection is marketed and what information consumers receive. overdraft fees account for 30 billion dollars in annual revenue for banks the investigation could result in new rules even lawsuits if regulators determine the banks are violating consumer laws.

an good news for the housing market. national association of realtors says sales of previously occupied homes jumped more than 4% in january to the highest pace in nearly two years. also more first time buyers are making purchases. sales have risen in three of the past four months but remain well be economists consider healthy. the new recommendation for adults regarding whooping cough shots. demonstrations turn deadly in afghanistan. the latest on the protests began after u.s. troops mistakenly burned the muslim holy book. an american woman was one of two journalists killed in syria. the report she gave one day be

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an american woman is one of two journal lists that have been killed in the syrian city of homs. she was a war reporter for london's sunday times and a french photo journalist. covin is from new york she had done an interview with anderson cooper one day before being killed she call the current conflict in syria the worst she had ever covered >> this is 28,000 civilians, men, women and children hiding, shelled, defenseless. that little baby is one of two children who died today.

one of children being injured everyday. that baby probably will move more people to think, what is going on and why is no one stopping this murder in homs that is happening everyday? >> amateur videos online show the destroyed house where she and the others died. activists say more than 60 were killed in shelling today. >> >> president of afghanistan is calling for calm after two -- two days of violent clashes that killed seven. the uproar started over the burning of the qur'an. u.s. military apologized saying wait as accident. today the u.s. locked down its embassy in kabul. katie marzullo is in the studio with the story it >> reporter: officials have order training for all coalition forces so troops learn how to properly handle religious tears in the future. in the meantime, experts worry this is the kind of incident that can -- can upset the relationship between the u.s. and afghanistan. >> a second day of violent

clashes between angry protesters and afghan security forces over what u.s. officials say was the accidental burning of several copies of the qur'an by u.s. coalition forces last weekend. now knows protests have led to the deaths of civilians. for muslims the qur'an is the holy book requiring the ultimate respect, muslims can't touch it without first watching hands, face and feet. >> you are never supposed to dispose of them in any way. >> muslims -- >> nonmuslims? >> it is in the united states is a free country, free speech no one can stop anyone doing anything. >> reporter: this incident happened in afghanistan where the relationship between the united states and the largely muslim population is fragile, at best. >> we don't want this to happen, the sequence of events because this going to start affecting our own troop patrol

over the next couple of months. >> reporter: u.s. officials say the copies of the qur'an that were burned were removeed from the detainee center library because they contained extremist inscriptions. weeks ago afghan's president offered this criticism. >> do you think the west has lost the war on terror? >> well, i cannot say that. i cannot say the west has lost the war on terror. but i can say the west did not fight terrorism properly or effectively. >> reporter: the u.s. embassy tweeted that americans should avoid the area where the violence erupted which is near kabul international airport and the embassy has suspended all travel. today the tech group will announce the opening of is own app store. mozilla marketplace will offer

mobile apps. it is developing a smartphone that would not be required to run system-specific apps or operating systems. mozilla hopes to repeat the success of its browser which challenged microsoft's internet explorer dominance. meteorologist mike nicco is racing over. temperatures are 10 to 15° warmer than this time yesterday. that warming trend means record highs are possible today and tomorrow ii plus, -- president obama calls it a celebration. the history of african-american art, life and culture coming to life in a new museum.

president obama helped celebrate the groundbreaking of the smithsonian's national museum of african-american history and culture in washington, d.c. this morning. the smithsonian provided this video showing what the museum will look like set to open in 2015 on the northside of the national mall, a few blocks from the white house. >> the president: it is also fitting this museum has found a home on the national mall. as it has been mentioned it was on this ground long ago

that lives were once traded. where hundreds of thousands once marched for jobs and freedom. >> the museum furnished this video it shows some of the artifacts on exhibit, including a hat worn by the late michael jackson. staffers are organizing thousands of other items that will be on display. breaking news in the east bay there is a lockdown at the maxwell park international academy in oakland. apparently, there is some sort of police activity in the neighborhood not having to do with the school. we are on the way. we turn to the weather forever cast. possible record highs not only today, tomorrow gets you cabin fever if you have to work it will be cooler through the weekend possibly 10 to 20° cooler than what we will see and feel today.

check out how calm the bay is this morning as we look down at mount sutro to alcatraz to the northeast, a little hazy air quality is fine. east bay valleys from vollmer peak towards mount diablo. from five degrees warmer in half moon bay to 20° warmer than it was this time yesterday. mountain view, los gatos, santa rosa what impressive warming trend we are feeling right now. temperatures already in the 70s in santa rosa, livermore the two areas i think could set record highs today, 70 los gatos, everybody else in the 60s san francisco 68 now. 68 watsonville, monterey, 61 santa cruz, 71 salinas, 67 gilroy. er this morning you were four any in gilroy you have seen a 27° jump we are not stopping they're going to near record highs today and tomorrow clear tonight breezy in mountains i'll show that you wind advisory for areas above 1,000

feet in a second. weekend clouds and breezes coming from the ocean much cooler but no rain. still need it, not happening. six degrees warmer than average today san francisco, redwood city eight, oakland and san jose nine. 13 and 14° warmer than average, sun will set at 5:56. asterisk around livermore and santa rosa, 76 record my -- record high, richmond, san francisco, san mateo and upper 70s as you head inland towards gilroy. warmer down south l.a. and palm springs low to mid 80s 55 today in tahoe. all that sun reflecting off the snow low to mid 40s inland mid to upper 40s for the rest of us tonight no fog high pressure starting to build to our east that is going to

bring northeasterly wind that means drier wind look at how the jet stream is well north we have that rain-free ridge of high pressure hanging around today, tomorrow and friday. look at how the sky clears with those northeast winds developing overnight wake up tomorrow morning it gets breezy and then gets faster above 1,000 feet as high pressure develops north here's the areas where i think winds fastest. 4:00 tomorrow to 6:00 thursday evening we could have gusts up to 50 miles per hour. some areas could reach 80 inland tomorrow most in the upper 70s mid 70s around the bay near 70 at the coast. cooler and breezy this weekend, 50s and 60s. more new information, uc davis is facing a federal lawsuit filed by students who were pepper sprayed during a crackdown on occupy protests this is video of the controversial incident november 18th, campus police

doused pepper spray on sitting protesters who set up an occupy camp there. 19 students and alumni vented by the aclu joined together to file the suit it accuses the university of violating constitutional rights. uc davis declines to comment. federal advisory panel calling for all u.s. adults to get vaccinated for whooping cough, including people 65 and older who have not gotten the shot as adult. the goal to prevent from spreading this highly contagious bacterial disease to infants there were 10 fatal cases involving babies during a california whooping cough epidemic in 2010. today a panel of vicers to the u.s. fda will consider whether to a drug for a treatment of obesity made by mountain based company previously rejected by the fda in 2010 over concerns about

potentially dangerous side effects, including

we are still following breaking news in oakland. students at mack well park international academy are being evacuated. there's a heavy police presence officers are dealing with a man with a weapon near the school who was seen. police contacting parents of those students being evacuated. we'll continue to follow this story and bring you updates on

abc7news.com, as we get them. later today at 3:00, simple exercises that deliver -- [ unintelligible ] the drastic step two peninsula post offices are taking to help make ends meet. and then financial planning 101, the essential money lessons young adults need before they can leave the nest. those stories and more later today on abc7 news at 4:00 and 5:00. >> thank you for joining us on abc7 news. >> who wants to be a >> who wants to be a millionaire is next. now's a great time to get at&t u-verse tv. make the switch! [ female announcer ] call to get u-verse -- now with free hd -- for only $25 a month for six months -- our lowest price ever -- with a total home dvr included. plus get hbo and cinemax free for three months. [ male announcer ] with u-verse tv, you can record four shows at once with a total home dvr

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