bullets... dozens of evidence markers... shaking up a quiet city. the investigation into berkeley's first homicide of 2012. they've already shut down the port of oakland. now, they are threatening to do more. the resurgence of occupy oakland. good morning. it's friday, january 27th. i'm frank mallicoat. resurgent of "occupy oakland." they have already shut down the port and now they threaten more. >> good morning, it's friday. >> i'm the only one who answers every, single week. >> why not? >> it's early. >> come on, it's friday. just doesn't matter. the 27th. i'm frank mallicoat. >> i'm grace lee. i would tell you the time, but i can't see it. >> it's too low. >> i'm guessing 4:30. >> it's so foggy. did you notice it coming in

this morning from the peninsula? >> we have gil diaz live covering the fog this morning and a lot of our traffic cameras are sock in. this is the san mateo bridge. all of the bridges in the bay area except for it sounds like the dumbarton bridge have fog advisories issued by chp this morning so yeah, you want to be extra careful. i notice you couldn't see a lot of the street signs since you came up on them. so watch out for that. in the meantime, lawrence is here and is going to tell us more. >> when i left home it was clear. visibility quarter mile in some areas. the good news is brighter days are ahead and folks, you're not going to want to miss the weekend forecast. it is something else. >> that's a tease, babe. >> all right. waiting for it. >> i'm looking forward to it. we begin today with a developing story. a man has been gunned down, this out of the east bay. >> neighbors say they heard a lot of gunshots, as well.

anne makovec reports from berkeley. they are investigating the first homicide. >> reporter: here on emerson they just reopened the street in the past few minutes. the investigation has been going on all night and the shooter is still on the loose. police only have a vague suspect description. take a look at the scene last night. the shooting happened just before 7:00 near an apartment building here at shattuck and emerson. when police got here, they found a man who had been shot several times. he died later at the hospital. at the crime scene police found a lot of worried neighbors not accustomed to this kind of violence. >> our 911 dispatch center got inundated with calls from community members, lots of gunshots in the area, and we're standing here at ashby, emerson, essex, a lot of

community members coming out of their homes. people have been cooperating investigation. police are looking for more information. call them if you know more. >> thank you. 4:33. the suspect in a fatal shooting is in jail after being caught illegally smoke a cigarette. 30-year-old franklin bean was taken into custody last friday in unincorporated alameda county. sheriff's deputies spotted him violating a county law banning smoking near the entrances to certain businesses. a computer check revealed he was wanted by police for a december homicide. san jose police are asking for your help to find a missing 75-year-old woman suffering from dementia. marianne weber never returned home yesterday after leaving

home at 1:00. she did call from a store. she was driving her '94 mercury grand marky. she was last traced to menlo park around 11:00 last night. "occupy oakland" is back after weeks of staying quiet. protestors flooded the rafters at oakland scene hall wednesday night to propose redevelopment cups. "occupiers" have kept a scant presence at frank ogawa plaza for weeks now without the tents. and now they are promising some weekend action calling for protestors to take over an undisclosed vacant building. >> we're human beings out here and we're still "occupy oakland" and we're here to stay. >> basically, we're going to move in and occupy a property. >> in a letter to the mayor, "occupiers" threatened that if they are evicted again they will block the oakland airport, they will block city hall and shut down the oakland port once again. people passing by rushed in

to help when a boat with three people on board capsized in waters just off san francisco. it flipped in high surf off ocean beach around 5:30 last night. people onshore tried to help before emergency crews got there. one man was on his nightly jog along the beach when he saw a woman signalling for assistance along the shoreline because a man was in the water. so he ran over and saw people dragging a lifeless body out of the ocean. >> i basically picked the guy up and walked him in to shore. and basically, took his clothes off and -- because i was afraid of hypothermia and just put my clothes on him and hugged him and just started rubbing his back to try to get his circulation and stuff going. >> it took five minutes before he saw any signs of life. eventually he did get the man to say his name. then people tried to perform cpr on another victim. after emergency crews arrived three boaters were rushed to

the hospital. two were suffering from hypothermia. next month the alameda city council will get an update for changes about drownings in the bay. a former state fire marshal made 14 recommendations after a man committed suicide off crown beach. firefighters didn't have training or equipment to rescue him so they watched for shore as he drowned. a passerby went into the water to pull out the body. it is -- what time do we have here? i'll take a look. 4:36. palo alto police want help solving a robbery that put a victim in the hospital on wednesday afternoon in the parking lot at stanford shopping center. a man was robbed of thousands of dollars worth of jewelry he had appraised inside the mall. a well-dressed man pistol- whipped him and stole the jewels. he and several other men need fled in a van. san francisco sheriff still cannot see his family this morning a judge refusing to lift the protective order

keeping ross mirkarimi from his wife and 2-year-old son although she did say the sheriff can petition family court for visitation rights. the order was put into place while ross mirkarimi awaits trial for domestic abuse charges. >> am i'm incredibly disappointed to say the least. i mean, this has been enormously crushing, the fact that i haven't been able to see my familiar family, be with my wife or within my son. this is disproportionately cruel. >> meanwhile, prosecutors also presented an email from ross mirkarimi's wife eliana lopez. in the message, she told a neighbor about an incident in which ross mirkarimi spent two hours alone with their son. she says she found the child wet, vomiting and alone in a car. the prosecutor says they found no evidence of emotional or physical abuse. a proposal could save some jobs. a new proposal takes into

account an extra $7.5 million that will be available to cover the costs of layoffs including unemployment and pension benefits and delays the layoffs to february 3. about 80 people could be fired because of redevelopment funding being lost. a project makes sure that the 3.6-mile transbay tube is safe in earthquakes. there will be a seal plate installation part of bart's 10- year earthquake safety program. traveling from the east bay over the bay bridge beware because you can't see the bridge now even in the city. >> it's super foggy outside everywhere. this is the bay bridge toll plaza and you will find it hard to see the pay gates. you can see the metering lights as you come up on approach so

be careful. visibility is low in the bay area. as far as accidents, we have been seeing a couple. this one was just cleared to the right shoulder. it was blocking the two right lanes for a while. northbound 101 at old redwood highway in petaluma an accident there. fog advisory closer towards novato near the 101-37 interchange. more fog this morning across the golden gate bridge. chp issued fog advisories for all bridges this morning. elsewhere, milpitas, clear 880/237. not too bad for silicon valley commuters. but we want to check in with mass transit. if you want to ditch the roads this morning, everything is on time for bart, ace, muni and caltrain and your ferries. >> this is the last day we'll probably see fog so enjoy it. [ laughter ] >> enjoy it? a little thick out there right now. visibility down to 8th mile at oakland airport. the fog is going to break up and once it is gone, it is gone for the better part of the weekend. and we have a lot of sunshine

coming our way. temperatures 40s and 50s right now with patchy fog and thick in spots. but looks like high pressure builds back in and we'll see more of an offshore wind kicking in and that means we have some great weather coming to our weekend as those temperatures are going to start to warm up. let's check the weather for today. temperatures up as high as 66 in santa clara, east bay sunny in the afternoon and inside the bay looking good, 64 oakland and 63 san francisco. lots of sunshine for the weekend. we'll tell you how warm it will get in your neighborhood in a couple of minutes. back to you. >> of course the weatherman loves the fog. >> exactly. >> how do you enjoy the fog. i love the fog. romantic, right? >> oh, that's what i think about. >> not at 4:41, pal. i got news for you. another green company going belly up. how the disaster is similar to

solyndra's. >> the republican front-runners clash again in the final debate before tuesday's florida primary. i'm susan mcginnis in jacksonville. coming up, a roundup of last night's action and look ahead to tuesday's vote. and how well do you know your boss? the north bay winery featured in cbs' undercover boss. that's all coming up when we come back.

that they need to control rising tuition today president obama is heading to the university of michigan. he has put schools on notice that they need to control rising tuition costs or face losing federal money. his visit will cap a three-day trip though outlines different parts of the state of the union address. last year the cost to attend a public university was up 8%. shades of solyndra. another green company that got a government grant is going bankrupt. an electric car battery maker says competition from china and

other countries hurt its business. they received an energy department grant in 2009. one year ago vice president biden visited the company's new battery plant in indiana. fight for latino votes continues in florida today. the gingrich and romney show what else during the time debate in florida. susan mcginnis with more on the battle to claim the sunshine state. reporter: mitt romney launched his assault right from the start. >> simply inexcusable. that's inexcusable. >> reporter: blasting newt gingrich for calling him the most anti-immigrant candidate on the stage. >> mr. speaker, i'm not anti- immigrant. my father was born in mexico. my wife's father was born in wales. they came to this country. the idea that i'm anti- immigrant is repulsive. >> reporter: gingrich wouldn't let up accusing romney of investing in the same mortgage firms that helped trigger the mortgage crisis. >> we discovered to hour shock that governor romney owns shares of both fannie mae and

freddie mac. >> you also have invest in mutual funds that also invest in fannie mae and freddie mac. >> reporter: the candidates have a lot riding on florida the winner of tuesday's friday takes all 50 delegates giving that person a big boost. >> the bigger issue here is these two gentlemen who are out distracting from the most important issues we have by playing petty personal politics. >> reporter: rick santorum urged the front-runners to focus on the issues but the bickering continued when it came to gingrich's idea of setting up a permanent base on the moon. >> i had a business executive come to me and say they wanted to spend a knew hundred billion dollars to put a colony on the moon i would say you're fired. >> you don't just have to be cheap everywhere. you can actually have priorities to get things done. >> i don't think we should go to the moon. i think maybe we should send some politicians up there. >> reporter: the jabs are expected to continue through the weekend as the candidates make their final push to win over voters. susan mcginnis, cbs news, jacksonville, florida. >> ron paul lightening it up a

little bit there. secretary of state hillary clinton says she will not stay on the job if president obama wins re-election. >> i have made it clear that i will certainly stay on until the president nominates someone and that transition can occur. but i think after 20 years, it will be 20 years of being on the high wire of american politics and all of the challenges that come with that, it would be probably a good idea to just find out how tired i am. [ laughter ] >> everyone always says that when they leave these jobs. >> she made that announcement to the state department employees yesterday. clinton says she loves the job but has found the constant international travel physically grueling. >> i can't even imagine. >> she was a senator and then she was the first lady and then she ran for president. she's had a busy couple of decades, that's for sure. they lost everything in a

cruise ship disaster. this morning, the compensation passengers are now being offered. plus, slipping through the cracks. cars frozen in water. why drivers dared to go on thin ice. >> the one thing i wanted to check on was the passion of our people and the commitment of our people. >> undercover boss hitting the north bay. the winery featured on the hit cbs show coming up. enjoy the fog this morning. we have big changes coming our way. we'll let you know what next.

coast of italy is offering and-five new this morning the company that owns that cruise ship that capsized off the coast of italy is offering passengers $14,500 apiece for lost baggage and emotional trauma. they will also be reimbursed for travel and medical expenses. passengers and crew are still free to pursue legal action, though. 16 bodies have been recovered. another 16 are still missing.

a former marine has pleaded guilty for shooting at the pentagon and military targets in washington, d.c. a 24-year- old agreed to a 25-year prison sentence. investigators released a video made by him as evidence in the case. it shows him firing at the national museum of the marine corps from his car in 2010. safety inspectors are looking into airbus a-380 superjumbo jets after cracks were found in some of the wings. 20 jets must be grounded while they are inspected today. airbus says the cracks are not a safety issue. the a-380 is the largest commercial jet in operation. some cars slipped through the cracks in minnesota. two vehicles fell into the frozen water. crews spent much of yesterday pulling them out. this area is popular for ice fishing. officials said the ice is thin this year because of warmer- than-average temperatures. >> you know, i lived on a lake

in new hampshire for a number of years and around late january, cars go out on it. i'm thinking, i'm afraid they will walk on it. you see toyota, you know, that's crazy. >> that's scary. not so scary here. just some fog. >> a lot of fog. i guess it can be scary at times. i was a little freaked out coming into work this morning. you can't really see the road signs very well until you're right up underneath them and there's not much you can see right in front of you so there are several fog advisories in effect this morning including stretches of highway 1 through san mateo county all of our bridges have fog advisories issued by chp including the bay bridge. you can obviously tell why as you approach the pay gates. very difficult to see those pay gates by the way until you come right up at them. here's a live look at the golden gate bridge. socked in all the way from marin county into san francisco. and this is a live look at the san mateo bridge. earlier we could see traffic a little better. caltrans does have the warning sign up letting you know there is heavy fog across the bridge if you couldn't tell already. the south bay doesn't seem to be as bad.

we can see some cameras here. northbound traffic on 280 so far nice and light. as far as incidents go, we're relatively problem-free. they have issued a number of fog advisories, as far as accidents no big ones right now. mass transit might be a good option. so far things are on time for bart, ace, muni and caltrain and your ferries. do want to let you know if you are traveling on city streets in san francisco, macworld 2012 kicked off yesterday. so there are some street closures south of market. howard is shut down both directions between 3rd and 4th streets. we'll talk more about that coming up. let's talk more about the weather. here's lawrence. >> you like this fog? >> i'm okay with it. [ laughter ] >> i'm all right with it, too, folks. we have some fog out there right now. looks like it's only a few hundred feet thick so it's going to break up and then it's gone. we have some great weather coming our way. a little thick in spots this morning. areas of dense fog early on, temperatures in the 40s and 50s. by the afternoon, how about this, three suns coming your way all the way from the coastline to the bay to the

inland valleys. lots of sunshine, just a bit windy in some of the hills so watch out for that especially toward the afternoon. high pressure continuing to build in again now. and this is going to set the stage for a great weekend as the ridge slips overhead. the offshore winds will clear out your skies. that means lots of sunshine and very little fog to speak of after we clear it out. so yeah, it's going to be windy at times but that's about the worst of it. the temperatures will be running well above average and very mild outside in toward the afternoon. computer models picking up on some patchy fog breaking away from the bay area this morning and then by the afternoon even maybe mid-morning it is long gone and then we have sunshine in toward the afternoon and we're enjoying a beautiful day outside. so the numbers going to work out very nicely. let's plan on 67 degrees in san jose today. 67 in morgan hill. about 62 degrees in half moon bay and about 65 in redwood city. east bay numbers running up into the 60s so that means we'll have great weather as you head inland but you have that fog early on and then you have lots of sunshine toward the latter part of the day in much of the interior bay. 63 degrees in san leandro.

about 64 in san rafael. maybe as warm as 67 degrees and some down slope winds in santa rosa. yup, the next few days, that includes your weekend. we're looking good. how about that? lots of sunshine. offshore winds are really going to blow and we're going to get things cook throughout the weekend so looking good, temperatures soaring near 70 degrees on saturday. maybe a little cooler on sunday as we see a little bit of a sea breeze return. a weak system drops into the bay area late sunday night into monday could bring some sprinkles north of the golden gate bridge. >> that's weak. >> it's a weak system and i'm not very impressed with it. then after that i think we just stay dry. >> can we hit 70 somewhere? >> absolutely. especially down in the monterey bay. they usually tend to warm things up. >> awesome. >> enjoy it. >> you guys need a job? >> we might. [ laughter ] >> well, there's a job application deadline today. this is not something the average job seeker should pursue. it's the last day to apply for nasa's astronaut training

classes. >> i'm in! >> lawrence is n they typically receive 3500 applications but only a tiny track son will make it into space -- fraction will make it into space. apply at their website. you should at least have a degree in engineering, science or math. probably a gooded why. do you know your boss? workers in santa rosa got quite the surprise. >> it's all caught on tape part of the cbs show undercover boss. gil diaz finds out what possessed the president of kevin jackson winery to go incognito. >> reporter: he went by the name jake williams but really his name is rick president of kendall jackson winery in santa rosa. the latest boss to go undercover. >> one thing i wanted to check on was the passion of our people and the commitment of our people. >> reporter: for one week he learned the ropes of the business from counting grapes to hosting a wine tasting to bottling wine under marco guillermo's watch. >> i can say that he needed a

lot of training. >> all right. i got it. >> reporter: the episode was shot in early june. no one in the company had a clue what was going on. >> he said we're going to film this documentary. how do you feel about that? you know, okay. you know? so go ahead and do whatever you want to do. you know? >> reporter: rick grew up in modesto in a blue collar family and never forgot his roots. >> a lot of people want the president to see some sort of macro view or 10,000 feet actually believe... >> reporter: we can't tell you what happens when rick reveals who he is to his workers. but he pulls it off. >> no. never guessed it. >> reporter: "undercover boss" airs this sunday night at 8:00. reporting from santa rosa, gil diaz, cbs 5. >> cool job. the winery will also be featured today on "cbs this morning." >> watch that interview here on

cbs 5 starting at 7 a.m. he looked totally different. >> that's a great show. it humbles the boss a little bit to understand, you guys are really work hard. >> physically challenging. >> check it out tonight. it is 4:57. they shut down the port of oakland this morning. the new target for the "occupy" movement coming up. >> and a boat capsizes toppling people into the water. how one man was in the right place at the right time. and the city of berkeley first murder of the year. a lot of bullets fired. but police wah police have to go on. the fog has rolled into the bay area making driving conditions a little challenging this morning. coming up, we'll have the latest fog advisories over our bridges some of those advisories issued just within the past hour. that's coming up.

your realtime captioner is linda marie macdonald. this was a dramatic scene here. >> bullets fly in the east