(male announcer) this is the bay area news station, kron 4 news starts now.

>> a fire on mount diablo is threatening homes. as hot temperatures and wind gusts make the blaze even *harder to battle. an update, ahead. >> a vote on syria stalls in congress ahead of the president's speech. why the obama administration is being cautious about a potential diplomatic breakthrough. and could there be a new iphone in the making? we'll take a look at what we could find out today at apple's latest conference. >> good morning everyone i'm james fletcher. and i'm anny hong. thanks for joining us.

your kron 4 7 day around the bay that cool down with temperatures for the most part are bright for they should be for this time with no hotspots and some overnight road work but really nothing to that is going to slow you down. this is a live look to the approach to the bay bridge with no meter and light to deal with. the san mateo lights

a fire on mount diablo is >> on to our top story this morning. a wildfire burning in a bay area wilderness park is growing-- forcing more people to leave their homes and leading to a smoke advisory for residents. the blaze in mount diablo state park has spread to nearly six square miles. this is aerial footage courtesy of our helicopter partnership with abc 7 news.calfire says it is 20- percent contained this morning as hot temperatures and wind gusts fueled the fire's spread. flames are threatening 100 homes. the fire was also threatening electrical transmission lines, communications infrastructure, and a historic lookout and visitor center at the top of mount diablo. the mount diablo fire is sending ash and smoke over surrounding areas. the bay area air quality management district says, the smoke can affect

residents in parts of contra costa, alameda and santa clara counties. a smoke advisory issued today. kept school and community activities indoors. one school in dublin. canceled outdoor activities. >> the and do not want us going outside so we went inside to the gymnasium. they're also not having runners practice outside. >> officials have advised all residents in smoky areas. to stay inside, close windows and doors. and set air -conditioning units and ventilation systems to re- circulate indoor air. we are asking our kron 4 viewers to send us their photos of the raging brush fire near mount diablo. and here is a look at some of the pictures you are sending us. we encourage you to send your best fire pictures to breaking-news at kron dot com. or message us on

facebook. >> a vote on syria may be stalled in congress, as the house waits for the senate to act and the senate waits for the president. andrew spencer reports, now, with a potential diplomatic break-through comes the potential for even more delays. >> reporter: president barack obama has the chance to change people's minds. but they do not however, still to not believe that >> i do not think that how

fast we should do this i think that it should be hollow wall but we should do this. >> he could turn over every bit of this chemical weapons in the next couple of weeks. >> that is something that john kerry to nothing is going to be done. the offer may still be and they say that it is serious enough that they do not want to get his hopes up. >> it is possible that we could get a break through. but we do not want the stalling and delaying tactics. >> he does not want to pull

back the threat of american force. >> president obama will make his case to the public in a white house address tonight. you can see it live here on kron four at 6 pm. apple is holding its big press event today at ten a-m in cupertino, where the company is expected to unveil the new i-phone. video has been leaked to the web. showing a gold i- phone and cheaper plastic models that would come in various colors. there is also speculation that apple will enter the "smart watch" market. with the i-watch. or enter the living room television market with the i-tv. apple has confirmed nothing at this hour. to find out what apple shows off, as it is happening you can follow our tech reporter on twitter. he is "at gabe slate" or on facebook. he will be attending the apple event today posting updates. >> state and local officials are hoping a new online tool will help officers fight crime with their smartphones. attorney general kamala harris, mayor ed lee and police chief greg suhr

announced that more 600 san francisco police officers have been given a phone application that allows them to look up suspects' statewide criminal records while they are out on patrol. plans call for about 16- hundred officers in san francisco to receive by year's end an expanded version of the new ""justicemobile"" app that will include federal criminal records. the yosemite fire we will provide you an update. also, he made an online video that he killed someone while driving drunk and now he is facing charges we will have that story. and george zimmerman arrested again.

>> new this morning, seven people are without their home this morning after their berkeley home caught on fire. the fire broke out overnight office around 1:45 this morning in a three story residential home near oregon street and telegraph. the fire was contained about a half hour later. the red cross is assisting those seven people with food, shelter, and clothing. one person was injured in the fire and was taken to a local hospital. no word on their condition. that story still ahead. and george zimmerman arrested again--- but his attorney says it's all a big misunderstanding. why zimmerman was questioned no charges have been filed against george zimmerman after an alleged altercation with his soon-to-be ex wife and her father. it happened monday in lake mary, florida, and his attorney says it was all a misunderstanding. stewart moore has the details, including shellie zimmerman's 911 call.

>> this frantic call from 9 1 0 1 went on for over five minutes from the wife of george zimmerman. >> he never had contact with the weapon. from a -- 911 call --. >> he took the ipad away from her hand, and a sliced it with a knife. >> we thought that there was a gun involved. >> the simple domestic dispute and at no point did george zimmerman threatened his wife with eight gone. >> there was absolutely nothing. with you have to take what you have and the

evidence and certainly, there is no special treatment being given. >> for:1it is for: 12 it that ts 4:12 usually september is when hot temperatures in the midwest start cooling off. but for a few states, the temperatures are only rising. we'll talk about the midwest heat wave, after the break.

>> summer feels far from over for parts of the midwestern u-s. central iowa is melting under a heat wave. warmer than usual temperatures are taking its toll on crops. many people and animals are tried to beat the heat. the homeless packed into the central iowa shelter to cool off. so many, the overflow crowd spent the night sleeping in chairs. there were no crowds at the zoo, but the furry animals found relief with misters, fans and frozen treats.

>> this is one of the warmest septembers in record. it looks like a cool down in st. louis for tomorrow but overall, as we call for the end of the week it will look more like the fall season. here, and the bay area a mild start with 50s and 60s expect a mostly

sunny day but we do have some drizzle in downtown san francisco temperatures will be right where they should be for this time of year with afternoon sunshine and

morning fog. really, no significant changes for the next seven days. >> traffic? a great time to leave your house. however, a bit of a wait in the cash lanes at the bay bridge toll plaza. however, no incidences once you make your way past the pay gates. nimitz freeway and the san mateo bridge, no problems. there are some of damp roadways out of the north bay. and everything is fine in the east bay on the 580 with no accidents to report. and as for the south bay. no problems with northbound 101 coming out of coyote valley. >> an indian court has convicted four men in the december gang rape of a young woman on a moving bus

in new delhi. sentences for the men, who were convicted tuesday and face the possibility of hanging, are expected to be handed down tomorrow. the brutal rape set off waves of protest in india, giving voice to years of anger over the treatment of women and a silent epidemic of sexual harassment and rape. >> he made an online video admitting he killed a man in a crash while driving drunk. now, matthew cordle is facing charges after being indicted by a grand jury. lu ann stoya was there when cordle turned himself in. >> to you have a message? >> reporter: >> wearing a tie he walked with confidence and he agreed to turn himself in after a warrant was arrested for his arrest. he had nothing to say. >> i was devised not to make any comments. we advised him not to make any comments.

>> reporter: he is handcuffed and escorted into the jail. >> anny message -- do you have any message? >> they say that he is taking responsible for this 61 year-old navy veteran. >> it brought him some peace he has been feeling some guilt >> reporter: while some this thinking that this is a ploy to get a lighter sentence but with the prosecutors are still seeking the maximum penalty. >> this is an indictment with vehicular homicide. >> i am begging you to please to not drink and drive. >> detroit police have

captured courthouse attack. this is video of the manhunt. police say 25-year-old abraham pearson allegedly stabbed a sheriff's deputy with a broken comb during a violent courthouse escape, pearson was captured after a tip lead police to him last night. he will face 11 additional charges related to his alleged attack and escape.

the maker of furniture brands such as thomasville, broyhill, lane and drexel heritage said monday that it has filed for chapter 11 furniture brands international inc. said it hopes to sell the bulk of its business to investment firm oaktree capital management. the st. louis-based company, which also runs the thomasville chain of furniture stores, struggled like many other companies after the collapse of the housing market. but unlike some of its peers, its business has not rebounded with the recovery in home sales and the broader economy. furniture brands reported in august that it widened its fiscal second-quarter net loss to $40.8 million on weaker revenue and major charges to write down the value of its brands. it also said that it would cut costs and pursue the sale of some of its assets. we are asking our kron 4 viewers to send us their photos of the raging brush fire near mount diablo. and here is a look at some of the pictures you are sending us. we encourage you to send your best fire pictures to breaking-news at kron dot com. or message us on facebook.

>> more than a decade after

claiming to have robbed a store in tennessee, an apologetic thief returns the cash he stole, with interest. jason lamb reports. >> the rules of business are pretty easy. to just take what you pay for. keosavanh xayarath, owner of the interasian market & deli in nashville, tennessee, has never forgotten being robbed at gunpoint more than a decade ago. recently memories of the crime resurfaced for keosavanh and his son, somboon wu, when the elder owner received a mysterious envelope from a man who entered the store. somboon said, "he was really insistent that we take this, that we had to take this." eventually the unidentified man told them that the delivery was

important because it contained money. feeling hesitant about the odd transaction, the family considered calling their lawyer before opening the envelope marked "owner." the letter says that that he was apologetic. and he hopes that we accept this money. >> requesting forgiveness with no names attached. even no security cameras capture the man's every moves you cannot blame the store owners for granting that request. >> i think that he wanted to remain anonymous. >> today this simple rules are everywhere. but if there is a reminder, 12 years later. it can be repaired.

>> we just hope that what ever he does after this that it will make things right. >> coming up more headlines and also checking weather, traffic at 4:30. extra curricular activities help provide a sense of identity and a path to success. joining the soccer team. getting help with math. going to prom. i want to learn to swim. it's hard to feel normal, when you can't do the normal things. to help, sleep train is collecting donations for the extra activities that, for most kids, are a normal part of growing up. not everyone can be a foster parent... but anyone can help a foster child.

following today. the wildfire burning on top of mount diablo is only *20 percent contained this morning. fire crews say hot temperatures and wind gusts are making the fire difficult to control. and president barack obama is heading to congress with fresh hopes of a diplomatic breakthrough that would allow syria's government to avert u-s missile strikes if it surrenders its chemical weapons arsenal. he will then address the nation tonight at six p-m our time.

on to our top story this morning. a wildfire burning in a bay area wilderness park is growing-- forcing more people to leave their homes and leading to a smoke advisory for residents. the blaze in mount diablo state park has spread to nearly six square miles. calfire says it is 20- percent contained this morning as hot temperatures and wind gusts fueled the fire's spread. flames are threatening 100

homes. the fire was also threatening electrical transmission lines, communications infrastructure, and a historic lookout and visitor center at the top of mount diablo. help coming in from a number of areas. to fight the fire in mount diablo. including, a group of inmate firefighters from northern california who are on the scene. >> it's wherever calfire needs us to dispatch. we're ready to go. the inmates are all trained, they're physically fit, they do classroom time. >> a total of 426 inmate firefighters are on scene. most of them arrived late sunday and have been there since.

we are asking our kron 4 viewers to send us their photos of the raging brush fire near mount diablo. and here is a look at some of the pictures you are sending us. we encourage you to send your best fire pictures to breaking-news at kron dot com. or message us on facebook. a new wildfire is burning near homes outside of redding. the clover fire has charred more than 67-hundred acres. evacuations are underway. the fire has damaged or destroyed some 20 structures. one woman says she pulled up to her son's home. only to watch it go up in flames. federal officials say the cost of fighting the rim fire in and around yosemite national park has reached 100 million dollars. the blaze was caused by a hunter's campfire. the fire is now 80 percent contained. burned nearly 400 square miles and destroyed a dozen homes and 100 outbuildings. more than 3,000 firefighters are still battling the flames.

>> temperatures are in the 60s although it will be cooler it will be picking up. with the wind approaching the north-west. that is even blowing smoke to the north-all goal is going to be cooler we are talking temperatures into the '90s. all falalthough --. breakingnews@kron.com ketos photographs keep those photographs coming. we are waking up to some fog and mist with visibility is

just 1 mi. at half moon bay. you might meet to need your windshield wipers but it is going to be sundait might be missed the this morning but --sunny later tstaking a look a your extended forecast that the extended cool down will continue foot later this week. the morning fog and afternoon sunshine will resume the the traffic around the bay area is decent. this live look it is

a bit heavier than only 10 minutes ago. for those going to the san mateo bridge, no problems id is typical for this time of year. no problems-and also, the golden gate a little bit of fog. >> a federal judge in san francisco has ruled trendy clothing retailer abercrombie & fitch wrongly fired a muslim worker who insisted on wearing a head scarf. u.s. district judge yvonne gonzalez rogers said the company violated anti- discrimination laws when it fired hani khan from its hollister store in san mateo, calif., in 2010. rogers issued the ruling on tuesday. the company claimed the head scarf violated its policy governing the look of its employees, which it said was part of its marketing strategy. the store argued that deviating from its look policy would affect sales. an oakland woman has been identified as the victim killed in a triple shooting sunday morning outside a party at a

skating rink on the contra costa county fairgrounds, . amber abangan, 31, was found shot along with two men outside the paradise skate roller rink at 1201 w. 10th st. in antioch shortly after 1:36 a.m. a fight had broken out outside an "adult late night skate jam" and later a suspect with a gun was spotted there before the shooting. delta medical center in antioch but died from a gunshot wound to her torso, lee said. the two men were taken to john muir medical center in walnut creek and are expected to survive. detectives are trying to determine the motive in the homicide and have not released any suspect information. anyone with information about the shooting has been asked to call the contra costa county sheriff's office. a sunnyvale police report says a man was struck by multiple bullets when six undercover drug agents opened fire during a sting operation. the san jose mercury news reports monday that the juan ruelas died after the sept. 4 shooting. the report said ruelas, who was being investigated by the santa clara police department and the drug enforcement administration, verbally threatened an undercover officer during a methamphetamine transaction in a parking lot. the report said ruelas then made a movement that led the officer to believe he was reaching for a gun. he was then shot multiple times by the six officers who fired their weapons. no gun was found on ruelas or in the truck where he was shot. the case remains under investigation.

>> bart agreed to sit down and speak with mediators. >> and also the latest from apple from your consumer watch. the latest from mount diablo

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>> taking a look at wall street this morning. futures trading shows all three indexes in the positive this morning. the stock market got a boost from mergers, homes and phones yesterday. stocks posted their biggest gains in almost two months. here's a look at the closing numbers. the dow closed up 140 points, ending the day at 15,063. the nasdaq climbed 46 points. and the s-and-p 500 rose nearly 17 points, to end the day at 1,671. opening bell today at 6:30. >> today apple is expected to unveil the latest verson of its iphone, and for many smartphone users that means out with the old and in with the new. other than gathering dust in a closet, what can you do with an old mobile device? karin kafia has a look at the options, in today's consumer watch. >> consider the conditions.

for people in big cities selling and iphone can also be done locally like craigslist. those looking to resell outside could be something devoted like a national reselling website. all carriers have recycling programs which is either refurbished and sold at a discounted price it. or recycled for their materials. regardless, make sure to wipe it clean of personal data. and then to a restored to factory settings. >> american airlines says ridership was up in august compared with last summer in a sign of continuing solid demand for air travel.

american said that passenger revenue for every seat rose 3 percent compared with august 2012. that figure rises if airlines sell more tickets at high prices and fewer at discounted sale fares. the american increase, which also included the american eagle regional carrier, was slightly below increases at united, delta, southwest and us airways but still set a company record for the month of august. >> coming up a look at your forecast and this live look on this tuesday morning at walnut creek.

>> tropical storm gabrielle has reformed in the atlantic and is approaching bermuda. the storm's winds are near 40 miles an hour right now. and that speed is expected to grow over the next two days. gabrielle is expected to bring a surge of two to three feet above normal tides to bermuda. the u-s national hurricane center says the storm is expected to pass by wednesday.

we are noticing some clouds forthe east bay, some 80s. it will be cooler of course along the

coast, 63 degrees your kron 4 7 day around the bay and traffic is moving well. with no accidents no problems through the san mateo bridge, and notice, just a

12 minute drive time. 101 is a bit wet with areas of fog and even some drizzle >> negotiations between bart management and the unions have started again. with just one month before the cooling off period, ordered by the governor, expires. and -- that's when another strike could happen. the two sides were back at the bargaining table. kron 4's dan kerman shows us whether any progress was made. >> reporter: after nearly one month of not getting of

anything accomplished. >> they are a bit more optimistic. it is going to take some time. >> reporter: should we be hopeful? >> hopeful, they were listening >> reporter: listening, but not much more there is not much more give-and-take just management listening. and also that part negotiators say it they will bypass the union and speak directly with the union employees. >> that is not a union fair union practice. all of this is a disconcerting because time is running out. these issues have to be resolved within one month because that cooling off period will expire at 11:59 and the

possible strike is october 11th. >> we do not want to strike. but their chief negotiator causes exactly that to happen. in oakland, dan kerman, kron 4 news. >> the state assembly has approved legislation that would require county coroners to report drug overdose deaths to the state medical board. the bill was drafted in response to a los angeles times investigation regarding deaths from prescription drug overdoses. the newspaper reported that it found a lack of oversight by the medical board regarding overdoses cases. democratic sen. ted lieu of torrance says his bill would help the medical board track overdose deaths and assist officials searching for patterns. the bill cleared the assembly monday on a 54-24 vote, returning to the senate for a final vote. the assembly also approved a

related bill that would impose a fee on medical providers to fund the state's prescription drug database. it now returns to the senate for a procedural vote. the man who fell to his death sunday attending the 49ers home opener at candlestick park has been identified as 32-year-old kevin hayes from hayward. he was walking with his brother on the jamestown pedestrian walkway just before 1-30 in the afternoon, when he fell about 20 feet onto the sidewalk below. several witnesses say he appeared to be intoxicated prior to his fall. giants in pursuit of a strong finish. giants rockies elvis night at at&t park - these guys getting their

groove on top 2nd yorvit torrealba - grounds short dribblerposey throws him out at firstbut lincecum doesn't cover homebrandon belt throws it anywayugly. 1-0 col lincecum: 8 ip, 7 hits, 2 run, 3 k's bot 8th, 2-1 col brandon belt - ties it up with this rbi double to deep right scoring angel pagan 2- 2 tie bot 10th, tied 2-2 belt again - singles to left bringing home pagan with the winning run 3-2 final: 3-2 giants giants 2nd straight walkoff >> monday night football had a pair of games nfl - eagles at redskins robert griffin iii 1st game back from knee surgery terrible start for rg3 1st quarter griffin intercepted by brandon boykin griffin heated up later 3rd quarter/ 26-7 philadelphia lesean mccoy breaks free for a 34-yard touchdown run 33-7 philadelphia a late rally by rg3 and the skins wasn't enough final: 33-27 eagles >> coming upwe've got new pictures of the newest member of the obama family. we will show you after the break. and this live look. some areas of just patchy fog.

>> good morning. taking a look at your extended forecast with much cooler weather for the next couple of days. we will see nine these i will talk about the seven day around the bay coming up in a few moments. >> we have new pictures. here's sunny on the white house lawn. she's a portuguese water dog.like her brother bo. here she is hamming it up with the media. the obamas introduced the one-year-old dog to the world last month. i think that the other dog was getting lonely. they decided to get another dog.

great pictures. coming up on the kron four morning news at five a-m. fire crews continue to battle at wildfire on mount diablo. we have team coverage of the wildfire. and president obama is expected to spend today on capitol hill, meeting with lawmakers. the president will then address the nation tonight on the crisis is syria tonight. coming up at 5:10, we'll take a look at what he is expected to talk about. and the fire on mt. diablo we will keep you updated. wildfire. and at 5:15, the clover wildfire.

(male announcer) this is the bay area news station, kron 4 news starts now. >> good morning, our top story this tuesday september 10th. a large wildfire burning in

mount diablo state park continues to grow and forces residents to evacuate. the blaze is now more thank 27- hundred acres in size. thats nearly 6- square miles. according to calfire it is 20-percent contained this morning as hot temperatures and wind gusts fueled the fire's spread. kron 4's will tran is live in dublin with the latest on the fire. good morning will. >> reporter: i can tell you that it does not smell that bad. and also, that the acreage is 3700 just 24

hours local, it was 1500 acres. and now, it has not jumped any fire lines. a few moments ago we spoke with the public information officer with the fire department this is what he had to say about the progress. >> i am optimistic that the containment numbers are going to be going up. >> reporter: the fires that are contained that do not have buildings. >> i do not know the specific areas or the percentage of containment but i do know that they worked all night for containment. >> reporter: what is the planned for today. >> we will continue with containment. and we are also going to start mop up operations. >> reporter: is it almost

over? >> the areas to improve the containment lines so it gives us more space between the areas. of the areas that have not yet burned. >> reporter: 1700 firefighters with more air drops and revalue with the situation. and as soon as they think they need more people, they will call them and. we will have updates i am at the command center but the good news is that it is 20%. >> thanks will. >> the air quality district saying that even portions of alameda county, santa clara

county, and contra costa county with one school in dublin cancelled all indoor activities. cancelled all -- outdoor activities. --. >> we had all of the people call inside the gymnasium to practice track and field. officials have advised people to put their air- conditioning to circulate the air that is already inside of the home. >> take a look at some of these photographs that these kron 4 viewers have sent in we are asking our kron 4 viewers to send us their photos of the raging brush fire near mount diablo. and here is a look at some

of the pictures you are sending us. we encourage you to send your best fire pictures to breaking-news at kron dot com. or message us on facebook. stay with kron four for continuing coverage on the mt. diablo fire. you can also get the very latest on our kron four news app. >> new this morning. one person is dead and six others were able to escape. others are without their home this morning after their berkeley home caught on fire. the fire broke out overnight around 1:45 this morning in a three story residential home near oregon street and telegraph. the fire was contained about a half hour later. the red cross is assisting those seven people with food, shelter, and clothing. one person was injured in the fire and was taken to a local hospital. no word on their condition. >> how about the heat wave what is the latest? >> today will be cooler. 50s

and 60s with cloud coverage. as we go for the afternoon expect mid-90s inland. but yes, temperatures are going to be cooler. and george is here with traffic. >> it is still decent with no hot spots yet this morning or even slow traffic. let us take a look at the bay bridge toll plaza is light. for with no delays. also incident-free if showing that police have picked up some slowing just west of the 205. the highway no. 5 is clear but the closure of marsh creek road other roads, such as high

with no. 4, will be busier. >> coming up on the kron 4 morning news after one month of refusing, bart workers returned with negotiators. if they are any closer to an agreement. >> apple has there been a press event to unveil the new iphone will have details. if they have confirmed and the other rumors. >> also, the vote on syria. the obama administration is being cautious. and keeping our eyes on weather, traffic a lot going on this morning. . (music)

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>> an international human rights group says evidence "strongly suggest" that syrian government forces fired rockets with warheads containing a nerve agent into a damascus suburb in

august, killing hundreds of people. human rights watch says it has examined documents from the alleged chemical attack on aug. 21 in ghouta, a sprawling, rebel-held suburb of the syrian capital. the group says the nerve agent used was most likely sarin. h-r-w says it analyzed witness accounts and "the type of rockets and launchers used" in the attack.syria >> president barack obama is heading to congress with fresh hopes of a diplomatic breakthrough that would allow syria's government to avert u.s. missile strikes if it surrenders its chemical weapons arsenal. the president had planned to use the meetings with senators to personally lobby his plan of targeted strikes against syriia instead, he signaled in interviews ahead of his trip to capitol hill that new diplomacy involving russia and others could eliminate the risks of a repeat chemical attack without requiring american military intervention. hillary clinton is also backing president barack obama's pursuit of military president barack obama is americans and lawmakers. obama had planned to use the

meetings with senators to personally lobby his plan of targeted strikes against syrian president bashar assad's forces in retaliation for last month's massive chemical weapons attack outside of damascus. interviews ahead of his trip to capitol hill that new diplomacy involving russia and others could eliminate the risks of a repeat chemical attack without requiring american military intervention. state and potential 2016 presidential candidate is risking the possibility of similar political fallout with her support of obama's in syria. to deal with the threat of chemical weapons as "swiftly possible." the potential intervention in syria remains unpopular with the public, and clinton's opponents could use her position on that against her in a future president obama will make his case to the public in a white house address tonight. you can see it live here on kron four at 6 pm. >> coming up on the kron four morning news. a wildfire burning in northern california has burned thousands of acres, and is now forcing evacuations. we'll tell you where those flames are burning. and here's a live look outside as we continue to track our own wildfire here in the bay. more on the mount diablo fire coming up next.

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>> welcome back. more on to our top story this morning. a wildfire burning in a bay area wilderness park is growing, forcing more people to leave their homes and leading to a smoke advisory for residents. this is aerial footage courtesy of our helicopter partnership with abc 7 news. here's a look at some of the activity atop mount diablo. on the left is a time lapse of the billowing smoke as crews battled the flames yesterday. and on the right is a live picture. the blaze in mount diablo state park has spread to nearly six square miles. calfire says it is 20- percent contained this morning as hot temperatures and wind gusts fueled the fire's spread. flames are threatening 100 homes. the fire was also threatening electrical transmission lines, communications infrastructure, and a historic lookout and visitor center at the top of mount diablo. >> a new wildfire is burning near homes outside of redding. the clover fire has charred more than 67-hundred acres. evacuations are underway. the fire has damaged or destroyed some 20 structures.

one woman says she pulled up to her son's home. only to watch it go up in flames. and the >> let us check your forecast. >> today is expected to be cooler but it looks like the wind is picking up. gusting at 34 mph we are still dealing with dry conditions with low humidity. it is very dry out there and temperatures in the '70s. we are talking 50s and 60s but it is already pretty warm. expect 90 degrees with 25 m.p.h.. this is something that we will continue to monitor. you can see that black smoke. bay area air

quality district has issued warnings for contra costa county, santa clara county, you want to use your air- conditioning and use it in side. recirculating the existing air inside of your home. with some drizzle 50s and 60s and as we go for the afternoon expect sunny and warm but just not as hot as we have seen for the last couple of days. getting pretty close to 90 in evergreen. fairfield, pittsburgh and antioch with low 70's in richmond. downtown san francisco and 70's for the east bayshore. your kron 4 7 day around the bay cooler even for tomorrow that will carry on into

tuesday. overall, just subtle changes. but the big changes will be the return to the pattern of morning fog and after and sunshine. >> good morning. >> interstate no. 4 and interstate 580 slate delay with an area road closure. -the macarthur maze still looking decent and the 92 no delays yet for the westbound the approach looks good coming from the nimitz freeway. and from jackson towards hayward. perhaps a bit of some drizzle and some areas looking at the east bayshore it still looks on the 80 west and on highway

24. and expect heavier traffic on the east side with these road closures we are going to see a lot more traffic than would otherwise see. that is why we have so much more people on the roads. expect to see things a bit heavier. the south bay freeways looking decent and here are the road closures. marsh creek road is closed the deer valley between balfour and morgan territory and between highland.

after almost a few month of refusing to meet, bart management returned to the bargaining table yesterday. they met to discuss supplemental issues including safety with a-t- u-- the union that represents the bart train opperators and station agents. >> that is it not a legal practice. we have over 900 employees. >> we try to get these questions answered. >> reporter: more optimism? >> the optimism is there but we just have to see out it goes and it is going to take some time. >> a-t-u says there was no

give and take in regards to safety-- just management listening to the union with a response to come at a later time. even worse a-t-u says bart management negotiators said they'll bypass union negotiators and speak directly with union employees >> police say george zimmerman's estranged wife doesn't want to press charges against her husband despite calling 911 and saying he threatened her and her father. monday's uproar at a home in an orlando suburb is the latest in a string of incidents in which zimmerman has landed in the news. on the 911 call, shellie zimmerman yells at her father to get inside the house, saying zimmerman may start shooting at them. but as police pressed her for information, and after talking to her attorney, she declined to press charges. zimmerman's attorney says his client didn't threaten anyone with a gun. >> the colorado mental

health institute has completed its mental evaluation of accused aurora theater shooter james holmes the findings in a 128-page report, are now in the hands of both the prosecution and defense. holmes is accused of killing 12 people and injuring dozens at a movie theater in aurora, colorado in july 2012. he has pleaded not guilty by reason of insanity. a jury will decide in a trial scheduled for next year. >> the latest on containment numbers. and even the yosemite fire, and also the mount diablo fire, the latest on acreage and containment one become back. when we come back--

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>> keeping to our eyes on wall street. the dow futures are up. with sharp rises for the nasdaq. and also, the nasdaq has not seen this number since november, 2000. and this is nearly at pre .cot com .. levels. and remember, got over 15,000 mark we have had a big drop of looks like there is a rebound to stock of apple is up by two percent. they have been up

by $100 per share. >> american airlines is saying that it is showing a solid demand for air fare travel. >> toyota is recalling several of their models. this morning. futures trading shows all three indexes in the positive

this the stock market got a boost from mergers, homes and phones yesterday. stocks posted their biggest the dow closed up 140 points, ending the day at points. and the s-and-p 500 rose nearly 17 points, to end the american airlines says ridership was up in august compared with last summer in american said that passenger revenue for every seat rose that figure rises if airlines sell more tickets at high prices and fewer at discounted sale fares. also included the american eagle regional carrier, was us airways but still set a of august. toyota is recalling nearly 900,000 rav4 suvs and lexus hs 250h sedans because a repair announced last year may not have solved a safety problem. rav4s from the 2006 through 2011 model years and 2010 lexus hs250hs are involved. toyota says if rear suspension nuts aren't tightened properly after a wheel alignment, the arms can rust and separate from the vehicle, increasing the risk of a crash. at least nine crashes and to the problem. last august for the same issue, but a spokeswoman says the repair procedure

>> welcome back the time is 5:30 a.m.. on the tower top

story this morning. the fire on mt. diablo continues to grow. it is forcing more people to leave their homes and leading to a smoke advisory for residents. the blaze is now more than 3,700 a. in size. that is nearly six square miles. this is video from our helicopter partnership with abc 7 news. the fire was also pretty electrical transmission lines, communications infrastructures, and a historic look out and visitor center of the top of mt. diablo. >> kron4 will tran is live in dublin with the latest on the fire. >> here is video of the fire that is still burning. no major structures have been destroyed. they have 700 firefighters and they hope to have another update

within 30 minutes. once they talk with their crews that will decide whether not they need additional people. a few minutes ago i had a chance to talk to the captain of the fire department and this is what he had to say. >> we are not out of the woods just yet. they're not taking this for granted. they are trying to improve this 20 percent that we were able to built. after that, we would try to build more lines. i am optimistic that the containment numbers will go up. >> there are also want to do mockups.p ups. >> these areas they will have more of a foot soldier and they can establish some work in that area. the good nils is that there have been no injuries. there has

to just from one fire fighter that was injured. >> we will have another of dead and about 25 minutes. in >> >>this fire is more than doubled. we were reported 1,500 a. yesterday at this time. >> if it has one of to 3,700 a. but it is being controlled. it is nowhere near the homes and the number that was evacuate it is still sitting in 100. that number has not gone up. this is why they feel that they can take care of this within the next couple of days. >> helping the coming in from a number of areas to fight the fire on monday of low including, a group of inmate firefighters from northern california were on the scene.

>> it is wherever cal fire needs us to dispatch. we are ready to go. the inmates are all trainedey are physically fit, they do class on time. >> a total of 426 inmate firefighters are on the scene. most of them arrive later sunday and they have been there ever since. >> we are now learning new informational or rimfire. federal officials said that the cost of fighting the rimfire end and on yosemite national park has reached $100 million. the blaze was caused by a hunters' camp fire. the fire is not a% contained. it has burned nearly 400 square miles and has destroyed a dozen homes and 100 out buildings. more than 3000 firefighters are still battling the flames.

>> new this morning. one person is dead and six others arhave escaped a fire in berkeley. here is video of the scene. the fire broke out overnight or longer 1:45 a.m. this morning in a three story residential home. the fire was contained about a half an hour later. the red cross is assisting those seven people with food, shelter, and clothing. >> we are waking up the upper 50s and low 60's. there is also some misty drizzle. we still will reach of the '90s and the temperatures will be in the '70s and side of the bay. we will continue with this cool down as we head into wednesday and thursday. i

will talk about your mt. diablo forecast and a 7 day forecasts coming up. >> we're still looking and a calm try it. chp are not dealing with any hot spots. we are seeing heavy traffic on interstate 580 in the westbound direction. if you're ride for highway 4 as you head westbound especially for the stretch leading from antioch to pittsburg. march creek road is closed and this has put a lot of pressure on highway 4. >> the time is 5:36 a.m.. apple is holding its biggest press event today at 10:00 a.m. in cupertino. the company is expected to unveil the new iphone. video has been leaked to the web, may gold iphone and a cheaper plastic model. this

may come in various colors. there's also speculation that apple will enter the smart watched market. or they may enter the living room might have been a new television. apple has confirmed nothing at this hour. to find out what apple shows off, as it is happening you can follow our tech reporter on twitter. he is at gabe slate or on facebook. he will be attending that apple even today posting updates. >> 49ers coach jim harbaugh is a descending some of that actions of his players on sunday's game. we'll show you what he says. >> coming up as 6:30 a.m. will show you what the markets look like at opening

bell. >> we will have the latest on the mt. diablo fire and new pictures and videos that have been sent in by the viewers. [ male announcer ] marie callender's know

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>> to go morning the time is 5:41 a.m.. smoke from the fire has been seen moving southward along but diablo range and is impacting parts of contra costa, alameda and santa clara counties. off the bay area air quality management district issued a smoke advisory which means that if you see or smell

smoke, it is best for you to stay indoors. >> stephen p schueter, this is his view from benicia among diablo. >> the john, here are a couple of the many pictures i took from a hillside on the west side of san ramon. this was a monday six a m. >> this is from rijene, my view from antioch. >> set air-conditioning units and your car vent >> set air-conditioning units and your car vent systems to recirculate. t wh the stt huing, i ve ttakethemff. unl i unddr. holl foher.

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>> welcome back. here is a double look outside. we are still following the latest with the fire that is burning in mt. diablo. the

air quality will be a big issue. we will give you more of its coming up. >> keep in mind that yesterday's once the sun came out we could see all the black smoke. that is something that we will look into as we head into the next couple of hours. let's talk about the wind. it is very dusty hillside. it is about 34 mi. per hour. in fact, the winds are up today so this is certainly not good news. we're still talking very low humidity levels. it is at 20% on the mountains and sustained winds are blowing from the north. this is going some of the smoke to the south east. that is why we have very poor air quality. this is for parts of alameda and contra costa, and other

counties. you are advised to use air conditioning and recirculate the air. >> you may be miles away from the fire but you are still dealing with the air quality. from time to time the smoke was blocking of the sun. the rest of the bay area are waking up to pretty mild conditions. we do have a bigger fault the day so we have low patchy clouds along the coast. we have areas of mist. the good news is that this is want to burn off as we head into the afternoon. we're looking for a sunny day. it may be smoky at times. san jose will have a high of 85 degrees. this is where the air quality will probably be the worst. we're talking low humidity 88

degrees for walnut creek. >> downtown san francisco will have a high of 68 degrees. we will continue with the cool down as we head into tomorrow. the temperatures will be right where they should be. we're following into the pattern of morning fog and afternoon sunshine. the time is 5:48 a.m.. >> we are not tracking any hot spots a just yet this morning. the chp, is quiet. let's start off with a look to the road closures. first, the closure of march creek road. this is a popular route where a lot of people come there from east contra costa. would this be

shut down will put a lot of pressure on highway 4. all of the roads within mt. diablo are shut down. there shutdown to pedestrians and bicyclist as well. >> let's go to the bridge check. your ride to the bay bridge westbound direction is still looking good with no backups. no metering lights. more and more normal traffic flow is coming across the toll plaza. the san mateo bridge, highway 92 is still a free. the golden gate bridge ride--there was a dense fog advisory but it is not warranted at this time. looking at the traffic map member dealing the ride through the east bay here is your command on interstate 80 westbound. the drive time

has jumped and i see some slowing arrive at the 580 interchange. there might be an unreported incident. your ride through the san ramon valley is easy at about 16 minutes down to dublin. the south bay freeway is looking good and there are no delays. remember that it will be wed new head over to the waldegrave. >> the time is 5:50 a.m.. the state assembly has approved legislation that would require county coroner's to report a drug overdose deaths to the state medical board. the bill was drafted in response to an investigation regarding deaths from prescription drug overdoses. if found a lack of oversight by the medical board regarding overdoses. the bill will help the medical board track overdose deaths and assist officials searching for patterns.

>> governor brown has signed into law a bill that will close a legal loophole. the bill fix a state law dating back to the 1870's that said that impersonating a person's spouse to have sex was rate. the law now also a close and personal in a person's cohabited, boyfriend or girlfriend. the revision was prompted by a 2009 case in which prosecutors said they could not file a rape charge against that man because the woman was not married and that the man was not pretending to be her husband. >> supporters of a california ballot measure that sought since the nation's toughest three strikes law says the sum of one of the prisoners have had their life terms significantly reduced and have been released from prison. a new report released by state says that a projects that about 20 or

2% of those released were charged with new crimes once they were released. also found a 2000 prisoner sentenced to life under the state's three strikes law was eligible for release are still let in prison, awaiting action on their petition for early release. >> the state and local officials are holding a new online tool will help officers fight crime within smart phones. attorney general kamala harris, mayor ed lee and police chief greg suhr announced that more than 600 san francisco police officers have been given a phone application that will allow them to look of suspects statewide criminal records while they're out on patrol. this plan calls for about 1600 officers in san francisco to receive a by years of an

expanded version of the new justice on mobile app. >> the giants are hoping to get a little help from the teen. the giants a bad defense not helping things. in the second inning, tim lincecum does not cover home. brandon belt sizes up with this rbi double to deep right scoring angel pagan. it was tied at 2. the final score 3-2 giants. it is the giants' second straight wall of women but they are officially be eliminated. they are 19.5 games behind the dodgers with 18 games left to play. >> that athletics head back to the diamond today to face off against the minnesota twins. they had the day off yesterday after a three game sweep of the astros over the weekend. the rangers lost

yesterday, the athletics had 82 game lead in the a.l. west just 19 games left in the season. the first pitch is today in many at out at 5:10 p.m.. >> monday night football. the return of art g three and the redskins it was a terrible start for r g three correct in the first quarter, grissom was intercepted by intercepted by btanrandon boykin. this momma's all eagles for most of the gang. third quarter lesean mccoy breaks free for

a 34 yd touchdown run and a lesean mccoy breaks free for a 34 yd touchdown run and a 26 point lead. a late unbelievable. shhhhh! in our day, we didn't have u-verse high speed internet. yeah, our babysitter didn't have a million ways to serve mom up on a silver platter. we had to count sheep to fall asleep. and i always worried that i was creating an overcrowded sheep farm. in my head... never looked like that farmer took proper care of those sheep. too much? a little. [ male announcer ] connect all your wi-fi-enabled devices with u-verse high speed internet. rethink possible.

>> welcome back. there is a problem on the lower east shore freeway interstate 80 westbound at center. the slow traffic is in a result to a stalled car. it is starting to back up the right. >> coming up on the kron4

morning news. we are continuing to track the latest with a fire burning and mt. diablo. more on this mindset doubled overnight. the containment, the latest images and an update on the air quality in the area. >> we are just hours away from a big announcement by apple. >> we are keeping an eye on wall street this morning. there was a big day yesterday, big news this ♪ [ male announcer staying warm andry has never been our priority our priority i was and always wl be serving you, the american pple. so we improved priority mai flatate to give you a more reliab way to sp. now with tracki up to eleven sca, specified delivery dat, and free insurance up $50 all for the same low rat [ woman ] we arthe united states postal service [ man ] we are the united states postal servi. [ male announcer and our priority is u. go to usps.co® and try it tay.

>> top stories we are following on this tuesday, september 10th. a fire on mount diablo is threatening homes. as hot temperatures and wind gusts make the blaze even *harder to battle. an update, ahead. >> a vote on syria stalls in congress ahead of the president's speech tonight. why the obama administration is being cautious about a potential diplomatic breakthrough. longand the tech world