police are tracking down a suspect in san leandro yesterday. we'll have more. the niners get their third win of the season over the chiefs, we'll have highlights from that game. we're watching weather this monday morning. there is a cooler week ahead, maybe not for the inland valleys yet but we'll get full details from robin in just a moment. good monday morning. let's get to the weather forecast with robin. >> a lot of dense fog but the good news is that fog is confined to the coast. mostly clear skies but dense fog along the coastline, highway 1 be careful if you have to drive out there. in the afternoon, another nice

day on tap. it will be sunny but cooler, so if you don't like the heat or the 90s we'll cool down but it will be quite warm this afternoon. your extended forecast does include a cooldown through the week. let's take a look. 60 in san francisco, 58 oakland, 61 livermore and santa rosa 52 degrees. there's a strong ridge of high pressure over the coast coast, a system headed to the pacific northwest, that will break down but it's still in control of our weather. no rain for us, a lot of fog along the coastline and we'll see that onshore breeze pick up that's going to cool us down as we continue through the week. but today nice and sunny. take a look. mild to hot around the bay area, above normal for this time of year. 78 san francisco, cooler in

half moon bay at 70 but that's a good beach day, right? 84 san mateo, 89 san jose, livermore at 95 degrees. rich month monday at 79 but temperatures will drop today 5- 10 degrees compared to yesterday. so tomorrow shave off a few more degrees, wednesday you can save off a few more. thursday the coolest day of the week with highs down into the low 80s, but after that we will warm right back up. another ridge of high pressure headed our way, that offshore flow will return and we'll see a gradual warming trend that's going to stay hot, warm to hot, those numbers will bounce back into the low to mid-90s as we head into the weekend. so just a brief cooldown but just nice and warm for the week. let's take a look at traffic. no major hot spots, it's a good time to hit the road. here is your ride into san

francisco, no lights, no delays, 8 minutes from oakland to downtown san francisco, 92 looks great between heyward, foster city and san mateo, no problems across the span. checking the golden gate bridge, there's the fog. make sure you have your headlights on if you use the golden gate bridge. san jose crews are dealing with an overturned crash 101 south at brokaw, a vehicle hit the guard rail, a smooth ride out of the coyote valley through the peninsula. >> robin, thank you. we have a pedestrian in critical condition this morning after being hit by a car in the mission district, we have a look at the impact from the crash. you can see the damage done, the car ended up on market street but police say the collision happened at around 7:30 sunday night at dubose and valencia. witnesses say after the driver

hit the pedestrian the driver continued along dubose with the passenger on the hood. the driver finally stopped on market between dubose and guerrero. the pedestrian was rushed to the hospital with life- threatening injuries, no word on what will happen to the driver. a simple traffic stop turned into a high-speed chase in san leandro and the suspect is at large. it happened on woodland avenue at 4:30. police tried to pull over the car for reckless driving when the driver took off, the chase took the suspect past police headquarters before ending up in a cul-de-sac. >> the person didn't know the neighborhood or wouldn't have driven into a dead end. >> the vehicle made a u-turn and faced head-on with the officer and he accelerated and rammed the patrol car. >> the officer started shooting but the driver got away. the officer was not injured in the accident. police arrested two men

suspected of assaulting two other men at levi stadium sunday before the game's kickoff in the bathroom on the 300 level of the north side of the stadium. both victims were transported to the hospital for treatment but there's no word on the extent of injuries. investigators are looking into what led to that assault. police are searching for the person that shot and killed a san francisco man. sunday afternoon police responded to shots fired in bayview district, a man was found shot dead near harbor and ingall street. oakland police are looking for the persons responsible for a triple shooting sunday morning near a downtown night club that left one dead at 1:30 in the morning after people left the 14th street nightclub, the second shooting in a week.

last wednesday a man was shot and killed outside this club at 11th and clay. for those who live near the downtown nightclubs, the shootings have definitely raised their stress level but they say it's not anything new. >> it's in my neighborhood, maybe just a few blocks away, you know, we've had muggings at 9 p.m., attempted kidnappings around that time as well in the last few months. yeah, i mean, it causes concern. you have to be careful. >> there's typically a police presence outside oakland nightclubs at closing time. opl was in and around the area at the time but didn't make any difference this time. the haywood neighbors of a mother stabbed to death by her own son are reacting. 20-year-old joseph vidali has been arrested, and one woman knew the family for more than a decade. >> a day later, still at a loss

for words. >> i just don't believe what happened in this place. >> elizabeth jiminez lives across the street from where they are 57-year-old friend was murdered. >> it's shocking. >> rosemary was stabbed to death by her 20-year-old son joseph, seen here in this facebook photo, that elizabeth confirms is him. >> a wonderful kid. that's what i can say about him. he's a wonderful kid. a kid you could never expect to do anything like that. >> just before 7:00 saturday night, heyward police responded to the reported stabbing on la port avenue, police say a woman was found dead as a result of stab wounds, killed by her son, who investigators say stayed around and cooperated with officers. >> he came from santa cruz to visit, to see his mom. his mom was cooking for him. >> police say what led to the deadly stabbing is still under

investigation. elizabeth says joseph was a student at uc santa cruz and would often visit his mother here in heyward. >> rosemary is one of the most positive persons i ever met. she talked to all the neighbors, picked the fruits on her tree and delivered to the neighbors. >> neighbors like louis gains. >> i wouldn't even imagine it, not in a million years. >> gains said he grew up with joseph, and his four siblings. >> the friends and family and we send our prayers out. >> my heart goes out to the family. i loved her a lot. i wanted to be like her. also this morning we're following the latest with the san francisco 49'ers, the team taking on a familiar face at levi stadium at alex smith and his kansas city chiefs rolled

into town. smith looked good early in this one. opening drive of the game we had smith and the short pass to travis. we'll get to that in just a second. showing up all dressed up, as you might imagine. to the game, the tight end fighting into the end zone for the 2-yard touchdown and does the rick flair nature boy dance. here it is. he goes in, you'll see him stand up and do a dance. there it is. 7-0 chiefs. but the 49'ers would mount a strong drive of their own in the second quarter, colin kaepernick capping off a 93- yard drive with this 9-yard touchdown pass to stevie johnson. the final 22-17, not bad for the 49'ers getting another win in the column. happening today though san francisco giants, that's one everybody can going to talk about, one win from advancing,

game three today at at&t park, first pitch at 2:07, baumgardner on the mound. game five will be played at thursday if it gets that far. during the playoffs, the ferry announcing service for the game. here is something for you, providing direct at&t park service today and tuesday from vallejo and alameda and jack lemmon square, today the service will include departures from vallejo at noon, oakland at 12:50, purchase tickets in advance. send in fan pictures, get the orange and black going. e-mail photos to us. we'll share them with everybody here during the morning broadcast. still to come, a man

accused of animal cruelty abuse after an employee was ordered to kill a possum. the wife and children of alan hennig mailed a public appearance, and a car crashes shop. i knew my life as i knew itr, would never be the same. everything stopped. and i just said, "i'm going to beat this." and that's when i found living beyond breast cancer.

purchase a specially marked bottle of pink lemonade 5-hour energy and a portion of the proceeds will help survivors like me with a much needed community of support. living beyond breast cancer is a lifeline for so many people. i just love being able to say that i am living beyond breast cancer. 0,000 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.

a santa cruz restaurant being accused of animal cruelty, ordering an employee to kill a baby possum. danny showed up to work and found two employees standing insurance companies are spending millions of dollars trying to mislead you about the effects of proposition 46.

well here's the truth: 46 will save lives. it will save money too. i'm bob pack, and i'm fighting for prop 46 because i lost my two children to preventable medical errors and i don't want anyone else to lose theirs. the three provisions in 46 will reduce medical errors and protect patients. save money and save lives. yes on 46. or a helping paw!ater, everyone needs a helping hand, so mattress discounters good deed dogs is raising money to help train assistance dogs for wounded veterans. veteran: i live independently because of what all it provides for me. and it's huge! there's a lot of wounded, ill, and injured out there just like myself, who just maybe need a little bit of help. tag: you can lend a helping paw too. give at mattressdiscountersdogs.com or any mattress discounters. mattress discounters good deed dogs-- helping dogs help people.

we have robin looking at this monday. when will the inland valley feel relief? >> just a few more days and we'll be out of the 90s. we're going to experience a gradual cooldown. some folks don't like the heat so cooler weather is on the way. right now around the bay area, a lot of patchy dense fog, mostly along the coastline. inland, you're fine. as we head into the afternoon mild to hot. take a look at the inland numbers. low to mid-90s this afternoon, low 80s for the bay, 70s for the coast. if you have plans for the evening, or make plans to be outdoors this evening, temperatures will still be nice and mild, just a few clouds. another nice day on tap but it's going to be hot in the inland valleys. numbers are going down, 5-15 degrees and that cooling will continue. i'll get to the extended forecast. let's take a look at the

numbers. 88 redwood city, 92 campbell, 94 evergreen. inland, east bay shores not as hot but still more comfortable, 83 san leandro, 85 union city, san francisco downtown nice. 78degrees for you. 80 for san bruno. the north bay 80s and 90s. 88 san rafael, 92 napa under mostly sunny skies. we have a game today, giants home taking on the nationals, first pitch 2:07. at&t park. stay hydrated if you're out in the sun today. don't forget sunscreen, shades, hats, protect yourself. here is your extended forecast and cooldown, cooler tomorrow, cooler wednesday, thursday will bottom into the low 80s but friday it's not going to last long, numbers creep back up. another ridge of high pressure will move into the bay area, that will dominate the forecast and bring us back into the low

90s as we head into the weekend. let's check traffic around the bay area. we have no major hot spots, that's always good news. it's going to be a good ride into san francisco. no problems from the maze, the pay gates, into downtown san francisco. 92 looks great. 12 minutes between heyward and foster city. on the golden gate bridge, it is foggy, the fog is pretty much along the coast and into san francisco, not impacting the bay area but be careful driving, don't forget headlights and reduce your speed if you drive in the fog. a 21-year-old marine is believed to be the first u.s. casualty in the fight against isis. jordan spears jumped from a helicopter and is presumed dead. the u.s. navy and the marine

corps will investigate. the wife and children of isis victim allen henning made their first appearance in britain to remember the beloved husband, father and humanitarian. carl penhall reports. >> in memory of their friend -- >> we're devastated at the outcome. >> he was a good bloke. >> in life, alan henning was their neighbor. in death he became their hero. >> alan was taking some light to a dark place. >> a terrorist sniper robbed barbara henning of her husband, adam and lucy of their father.

henning spend his last christmas ferrying aid to syria's most needy. >> is this the first time you spent christmas away? >> yeah, it's hard. >> where there is hatred let me bring your love. >> his wife made a direct appeal to isis to let her husband go. it was not to be. >> what do you say when there are no words? what do you say when fear has replaced what is normal. what do you say when all you want to do is scream. >> his friend was riding along on that last convoy. >> alan, we're going to miss

you. love you forever. >> candles for their friend, a burning light for their hero. carl penhall, cnn, england. president obama maintains he doesn't want to use ground troops to fight isis, but many are saying it's the only way to fight back. tony blair says it's the only way. and today republican north carolina senator lindsey graham is agreeing, he spoke about the isis conflict. >> you cannot destroy isil in syria without a ground component. there's no way i can see how we fix the problem in iraq and syria without american ground troops. >> so far, the u.s.-led strategy focused on air strikes against isis targets. the president resolved not to send troops to the region. one person is dead, four injured after a car crashed into a los angeles doughnut

shop. it happened saturday night as the driver of the car lost control in the parking lot. one customer inside the shop at the time of the accident said the window next to the parking lot exploded as that suv came crashing through the store. >> just getting hit by a bunch of metal, pushing against you, you know, at real high speed, just feeling all the stuff. it was like time slowed way down. >> the driver was identified as 42-year-old kristin chang. she was taken to the hospital and released. it's not clear what caused her to lose control or if charges will be filed. coming up, new information on how obesity and cancer are linked. here is a live look outside the toll plaza camera on westbound 80, the ride so far moving well. we'll keep an eye on it. next, inside the new movie about singer aaliyah. >> and the last lead actress

quit after threats. >> a lot of people thought the movie was scrapped.

new research suggests there's a link between obesity

and cancer. according to the national cancer institute 84,000 diagnoses of cancer each year are linked to obesity. excess fat affects how treatment works. obesity may increase risk of death either from cancer or other related causes. obesity is preventible through diet, exercise, sleep and stress management. it's breast cancer awareness month. we have tips to limit your risk factors. here are the details in today's health minute. taking steps to be healthy may not prevent all breast cancers but for most women those steps can reduce the risks. what can you do? first, watch your weight. being overweight or gaining weight increases chances after menopause of developing the disease. eat well and keep your weight in check. get exercise, 150 minutes a

week, or 75 minutes of vigorous exercise. include at least two strength training sessions a week as well. also don't smoke. if you drink alcohol limit yourself to no more than one drink a day. the more alcohol you consume, the greater your risk, experts say. if you're able to breastfeed when you have children, this may offer some protection against the disease. avoid hormone therapy after menopause, it may raise the risk. in addition to healthy lifestyle habits it's important to get screened for breast cancer, early detection may increase the chances of successful treatment. talk to your doctor about the best screening options for you. coming up, a man is beaten after an angels game and is now in critical condition. we'll have details straight ahead. officials monitor dozens who came into contact with an ebola patient in dallas, how ebola could affect air travel.

and one man is dead and two missing after a typhoon off japan strikes. we'll have the latest. we have our san mateo bridge camera showing us 92, robin will update us on the commute and our forecast for today on the other side of the break. ♪(theme song from cheers) stan! ! ! hey guys! stan the man! hey, how's it goin stan? can i get $55 on pump three? you got it, stan! gas stations. just that. where nobody knows your name. the chevrolet cruze eco. with an epa estimated 42 miles per gallon highway. it's the new efficient.

the big stories we're following, in the east bay a traffic stop turned into a high speed chase in san leandro, the suspect is on the loose. it happened on woodland avenue at 4:30 sunday morning. police say they tried to pull the car over for reckless driving but the driver took off, the chase took the suspect pass police headquarters before the driver ended up in a cul-de-

sac. the driver got away, the officer was not injured. the 49'ers take on a familiar face at alex smith and his chiefs rolled into downtown. it was a close one. smith and the chiefs looked good early in the game as smith got the first touchdown but the 49'ers would mount a strong drive of their own, colin kaepernick for 201 yards and touchdown and frank gore ran for 107. the final 22-17, 49'ers. the wife and children of isis victim alan henning made their first public appearance since he was murdered. a huge crowd turned out at their church in england to remember the beloved husband, father and humanitarian. many people who attended the vigil lit candles for the hero. henning spent his last christmas ferrying aid to the most needy. his wife made a direct appeal to isis to get her husband go.

friends and family say he will be missed and in their hearts forever. the car of a missing belmont man has been found by police in shasta county. 87-year-old paul marlin was last seen on september 4 at a gas station. the car was found on thursday outside of bernie. police say they found his keys, wallet and other belongings. belmont police are continuing the search, in cooperation with shasta county sheriff's office officials. closer to home let's check in with the forecast. we've got robin looking at that. the cooldown continues for parts of the bay but not necessarily others. >> that's right, yes. cooler around the bay area today, weak onshore breeze, so if you're closer to the coastline you'll feel the breeze but in the inland spots not so much. headed out, a lot of folks getting ready to head to work. this is what you can expect, 56 san mateo, livermore the

warmest spot at 60. 52degrees in santa rosa with dense fog. a system headed to the pacific northwest, high pressure in control of the forecast. with the system passing to the north it will weaken and the onshore breeze will pick up, strengthening through the week. you won't feel it so much today but you'll get it out there along the coastline. let's take a look at what we can expect. your day planner, patchy dense fog, sunny headed into the afternoon, temperatures will drop 5 to 10 degrees today so the cooldown is on the way. and your extended forecast includes cooler weather. it will be cooler each day of the week to about mid-week but we have changes after that. i'll get to that in just a bit. numbers for today, nice all around. no complaints here. 78 for san francisco, low to upper 80s for the peninsula, upper 80s in the south bay, low

90s. concord 72. 79 richmond. oakland 83 degrees. and sunny and mild in the north bay as well. napa 92. 90 for santa rosa. for your extended forecast, it looks good. cooler tomorrow, cooler for wednesday. thursday is going to be the coolest day, so if you don't like the 90s and hot, hot toasty conditions, cooler weather is on the way but after that take a look at friday. those numbers will increase, there's another ridge of high pressure that will be building in, and will turn to offshore flow and it is going to be hot and much warmer as we head into next weekend. so it feels like summer around here. your morning commute looks good. we've had no major hot spots, a good ride into san francisco, 8 minutes from the maze downtown. 12 minutes between heyward and foster city and a foggy golden gate. fog along highway 1, dense, confined to the coastline, be careful if you're driving.

make sure you reduce your speed and don't forget the headlights. it's a 21-minute from novado to downtown san francisco. an attack after a play drop baseball game leaves a man in critical condition this morning. it happened friday in anaheim after game two. police say an angels fan, a man in his 40s, was walking to the parking lot when three men attacked him. investigators are not sure why. police say the victim did not promote the other men. he is in critical condition. amid the ebola outbreak flights could face extra screening as officials look at ways to protect america from the ebola virus. >> the ebola outbreak could soon have an impact on airport security, health officials are

looking at entry screenings to limit risk of infection to americans. >> we'll look at those and see what works to protect americans and to make sure that whatever we do doesn't unintentionally increase our risk. if we make it harder to fight the outbreak in west africa, we increase our own risk. >> stripping curtains to carpet, a cleaning crew decontaminated this apartment in dallas, the people staying with thomas duncan are still in quarantine. 50 people are considered low risk being watched for fever or any other signs of the ebola virus. >> it's not exactly the easiest thing to transfer. it's not like a respiratory virus that can get in the air. the bad thing is that it's a very high case fatality rate. if you catch the virus your chances of surviving are around 50-50. >> officials are keeping an eye on the people who rode in the

same ambulance as duncan, including a homeless man who walked off becoming the subject of a nearly day-long search on send before police found him and took him into custody. i'm andrew spencer reporting. 4:36. authorities found 28 bodies in a mass grave on the outskirts of a town in mexico. police engaged in a deadly clash with student protestors a week ago. authorities say the remains are too damaged for immediate identification so it's unclear if any of the dead could be some students reported missing after that confrontation with police. one person detained in the case has told investigators that 17 students were taken to the grave site and killed there. investigators have not confirmed that person's story. meanwhile, pro democracy activists in hong kong are ignoring a deadline to disperse. the sculpture of a man carrying an umbrella was among the signs of defiance shown by protestors

today. so far there are no apparent signs of police action against the demonstrators, protest sides remain crowded but peaceful. activists have blocked major roadways in hong kong for a week, challenging a decision by beijing about how elections will work in the city. the chief executive has called on demonstrators to disperse by today, so schools and government offices can re-open. one u.s. airmen is dead and two are missing after being washed to sea in a typhoon in japan. the typhoon was off the coast of southern japan with winds up to 90 miles per hour hitting the coast. air force officials called off the search for the remaining airman for the time being due to rough seas. the typhoon is now headed for central japan where it could drop 16 inches of rain. we'll take a break. still ahead hewlett-packard is splitting into two companies, the reason for that break,

we'll explain. michael phelps taking a break from swimming, we'll tell you why. good morning i'm going to show you a great new mobile app to help you get in shape or keep in shape. it hooks you up with personal trainers in a very easy and affordable way. stay tuned to kron 4 morning news. insurance companies are spending millions of dollars trying to mislead you about the effects of proposition 46. well here's the truth: 46 will save lives. it will save money too. i'm bob pack, and i'm fighting for prop 46 because

i lost my two children to preventable medical errors and i don't want anyone else to lose theirs. the three provisions in 46 will reduce medical errors and protect patients. save money and save lives. yes on 46.

i'm on the embarquadero in san francisco where thousands jog every day. not everyone is that disciplined, some of us need a personal trainer to push us, to motivate us but that's not easy. it can be expensive and inconvenient to meet up with someone. so i want to show you what i think is a really cool mobile app that makes it easy and affordable to hook up with a personal trainer. >> this is an app that gives a personal workout for everyone.

it's fun, affordable workouts across 15 sports and activities that you can book on demand or for future use. >> if you download the app, you give yourself a better chance of getting in shape with on- demand personal trainers at your fingers tips for as low as $20 a session, cheaper than gyms and more convenient. >> yoga, pilates, trx workouts, boxing and martial arts is big, running on the uprise. >> whatever you want, they offer it. trainers set times that you can join in with a group or have them come to your home, office or meet them anywhere outside in public for a one-on-one session, no crash exchanges hands. >> everything is handled through the app. you just have to be there. >> william is a boxing trainer, it's working out great meeting people where they want.

>> people are intimidated by boxing but on a personal level they are anxious to try it. hewlett-packard is splinting, putting printer and pc under one roof and software and services under another. thousands are been laid off. customers are using more mobile devices and less are using pcs, curbing demand for computers and printers so they are reshuffling things. coming up we'll have more headlines, we also have a live look here, a shot of police surrounding a walmart in san leandro, we'll have a report on what happened this morning.

police on the scene of a walmart in san leandro after

shots fired. will tran went to take a look. what have you learned, what's happening out there? >> reporter: well, police are still behind me, just a couple moments ago they went through this car and you can see they are taking photos. we don't know if that is a victim's car or the suspect's car but we do know this incident happened around midnight. i see employees inside the walmart, reportedly someone or some people were shoplifting at the time, security tried to stop them and then that's when shots were fired. i tried to talk to the police officers but they are not speaking. a spokesman is on his way. we're not sure. reports are that perhaps one person has been arrested but i will try to confirm that. you can see this is still an active scene at the walmart off davis street. everybody here seems to know what's going on but there's a walmart and other stores as well, overnight employees stocking stores, so we'll try

to talk to witnesses. it will be here for quite some time. instead of winding down over the last couple minutes we saw another police officer arrive on the scene. stay with me, i'll try to get you more information throughout the morning. >> we'll check back in a bit. weather and traffic, we have robin looking at both. it was a warm weekend inland. what's the forecast? >> warm but cooler. how about that? we're going to drop a good 15 degrees around the bay area, so it's going to be nice, just not as hot. a lot of you do not like the hot weather and 90-degree readings. there's patchy fog, it's mostly along the coastline. the rest of the bay area doing fine. you can see from the shot of the golden gate bridge it's socked in fog. be careful if you're driving. into the afternoon mild to hot, highs in the low to mid-90s this afternoon, 70s for the coast. low 80s by the bay. pleasant into the evening so that's perfect if you want to

make plans. a nice range, eighties for the peninsula, 88 redwood city, 91 santa clara, 94 evergreen. the warmest spot 94 antioch and 95 in livermore. take a look at san leandro, castor valley more comfortable. 88 petaluma. san francisco 78 degrees. 80 san bruno. nice beach weather, 70 for ocean beach. don't forget we have a game today, if you're headed to the game beautiful baseball weather, first pitch 2:07, 74 degrees by first pitch, giants take on the nationals. don't forget the sunscreen and hat and stay hydrated, even if you to work in the warm weather. don't leave elderly or children in the hot car. winds calm at 8 miles per hour out of the west. extended forecast looks good, cooler tomorrow, cooler for wednesday. thursday will be the coolest

day of the week with high temperatures bottoming out in the 80s. 70s by the day, 60s for the coast, a big change. after that it will warm back up. another ridge of high pressure will build in over the west coast, and it will linger into the weekend, so much warmer for saturday, and sunday you'll experience an offshore flow, so those numbers will bounce back into the 90s so the cooldown won't last for long. no major hot spots around the bay area this morning. we've been trouble-free. heavier traffic now headed into san francisco, not bad, a backup on the right-hand side, lights are still off. smooth across the upper deck into downtown san francisco. no problems, 92 looks great traveling between the peninsula and east bay, there's a truck that is pulled off to the shoulder, not causing a big delay but something going on there, the right-hand side of the screen after the pay gates, no delays to the peninsula. the golden gate is covered in

fog. be careful. even when the sun comes up that fog will linger along the coastline, use extra caution for highway 1 or traveling to or from the golden gate. don't forget the lights. 21 minutes from novado to san francisco. the supreme court begins a new term with one issue dwarfing other appeals. eric mcpike looks at the legal and political challenge in the coming months. >> the supreme court docket is dominated by one socially charged issue, whether gays and lesbians have the nationwide equal protection right to wed legally. the justices expected to decide in coming weeks whether to put same-sex marriage to the constitutional test. >> in theory the justices can avoid the question, but this is just too important. they can't stay out. it would be ridiculous for the nation's highest court not to

decide this issue. >> 31 states ban same-sex marriage and while homosexual coupling say their committed relationships deserve legal recognition, some states say courts should stay out after citizens have voted to preserve traditional marriage. >> when the court on such an issue, where there are strong opinions on both sides, this is a huge issue of social change in our country, when the court steps in, and makes it into a constitutional issue, it makes the court look more political in the eyes of the american people. >> other key disputes, whether a no beards prison policy violates prison rights, and policing speech crimes in the digital age, just when do online threats cross the line from free speech into criminal conduct? >> it can be hard to judge the

intent behind some comments, so the question is whether you have to show in order to convict someone of a crime based on comments they made on facebook that they intended to make a true threat of serious bodily harm or death, or is the issue whether a reasonable person reading those facebook posts away have considered him or herself to be seriously threatened? >> erin mcpike, cnn, washington. the oldest sitting member of congress is recovering after a car accident in texas. here is ralph hall, flown to a hospital near dallas after the wreck in fannin county saturday. he was a passenger in a car hit by another drive. the congressman's office said he's expected to make a full recovery. he's finishing his final term in congress and when he leaves in december he will have spent 32 years representing texas there in washington. michael phelps said he's taking a break from swimming to focus on himself. the olympic champion announced the news in a statement on his

facebook and twitter account sunday. the decision comes after he was charged last week with driving under the influence of alcohol, excessive speed and crossing double lanes on a baltimore interstate, the second dui charge in maryland. phelps said in part, "i'm going to take some time away to attend a program that will provide the help i need to better understand myself." he was arrested for drunking driving in 2004 and pleaded guilty, sentenced to 18 months probation. a small private university in chicago has become the first in the nation to treat video gamers like athletes. 35 robert morris students are practicing in $100,000 classroom outfitted with a video screen, computers and gaming paraphernalia, scholarships are for the game, league of legend, where they battle in a science fiction- like setting. university is the first to treat it as a varsity sport.

it will compete against the brain power of harvard and m.i.t. to reach the league of legends north american collegiate championship. a new report on charity finds amid a widening income gap, the rich are giving less while the poor and middle income members are digging deeper to help their favorite causes. extensive analysis of i.r.s. data finds that americans who earn $200,000 or more gave less to charity and those who earned less than $200,000 a year donated more of their income to charity. residents of utah are the nation's most generous, new hampshire comes in last. coming up, we'll have more headlines and a live look outside as we continue to track the weather around the bay. a live look from mount tam. back in a minute.

>> after a near of no blue angels and fleet week, the show returns to the bay area, and once again kron 4 is the place to catch the action, watch the blue angels live in our one- hour fleet week special this coming saturday, october 11 to 3 to 4 in the afternoon. a celebration of all things avocado took place this week, thousands of locals and tourists flocked to the 28th annual california avocado festival in carpenteria, the three-day event featured music, food related to avocado, basically the gilroy garlic festival but about avocados, including ice cream, a giant guacamole bowl, it is environmental friendly with zero waste, using biodiesel to fuel generators, l.e.d. lights and banned styrofoam. unused food was donated to the

santa barbara food bank. saturday morning cartoons are no more. cw, the last channel airing cartoons, is pulling the block. they dominated from the '60s from '80s but networks can't compete. kids can now watch anytime. they don't have to wait until saturday morning. a pedestrian was dragged on the hood of a car and the angels fan that was attacked after the game in anaheim, we'll update you on that person's condition, plus highlights from the 49'ers win over the chiefs yesterday, that and more coming up. ♪hey! i found a happy space ♪somewhere to call our own ♪a happy little place and it all starts with you♪ ♪whoa-oh-oh-oh, all this goodness...♪

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a terrifying shopping experience for a walmart shopper in san leandro after

shots were fired, coming up i'll have the details in a live report. another american who contracted ebola in liberia arrives in the u.s. today. plus, it was a warm weekend, the temperatures will finally cool down a bit. good morning. thanks for joining us. fog is back. let's see what that means for the forecast. >> cooler weather, especially along the coast. good morning. here is the live look. you can't see the fog in this shot but later on i'll show you the golden gate shot. george may do that here in the traffic report. you'll see a lot of fog this morning, just as mark said. here higher up we're looking good. let's walk you through the headlines. today slightly cooler for the coast and bay, not so much inland. we have to wait another day before some cooler ocean air filters into the inland valley.

we'll look for morning fog on tuesday, with the sea breeze kicking in. by mid-week, wednesday, thursday, friday, we're looking at foggy, breezy conditions, cooler generally for the afternoon highs, and then we'll warm things up as we head into next weekend with temperatures inland getting back above the 90-degree mark. a dip in temperatures for the middle of the week before they come back up for the weekend. here is a look at where temperatures are right now. i'll be back at 5:15 with a look at the forecast for today. we'll break down the numbers this afternoon and really look at that extended forecast with your seven-day around the bay. let's head over to the traffic center. george, good morning. fog, blessed fog in evidence at the golden gate bridge. cooling off the ride and impairing visibility for the southbound one trip. still light traffic. on the bridge in the next 20 minutes you'll be there with crews changing over the lane configuration. east bay light traffic still for the highway 4 and

interstate 580. we haven't seen things bog down there yet. south bay peninsula, north bay rides look good. we're not tracking hot spots so far this morning. mark? a developing story out of san leandro, police on the scene of a walmart after shots were fired. will tran is live on the scene with details. >> reporter: mark, the shots were fired around midnight. employees still inside the store. i tried to talk to them but they would not have comments. the police officers, we thought they would be here longer but they have left over the last ten minutes. this investigation is far from over. i want to show you video. apparently the store was open at the time, still there were shoppers inside. we're hearing that two people went in to shop lift. a security guard tried to stop them and shots were fired. we're not hearing that anybody inside the store was hurt. but we did see one person taken away by ambulance. we got a chance to talk to one

shopper in the store at the time. you can imagine how terrifying it was. here is that person's experience. >> suddenly we heard gunshots and people screaming and started heading towards the back ended up in the back room. >> i heard pairs of gunshots, maybe three at a time. >> reporter: the police officers were here for five hours, we showed you 15 minutes ago they were looking through a car, apparently that was one of the shoppers or the witnesses because after they got done looking through everything in the car, that person was allowed to get into the car and drive away. the san leandro police department, they said they will give a news release or a spokesman. we're hearing that one person has been arrested, supposedly another person is still outstanding. back to you, mark. >> we'll check back with you for updates throughout the morning. a pedestrian is in critical condition this morning after being hit by a car in the

mission district. the collision happened around 7:30 last night at dubose avenue and valencia street, the car ended up on market street. the driver hit the pedestrian and continued along dubose with the pedestrian on the hood. witnesses say the driver stopped the car on market between dubose and guerrero streets. the pedestrian was rushed to the hospital with life- threatening injuries, no word from police on what's going to happen to the driver. two men suspected of assaulting two other american before the chiefs/49'ers game at levi's stadium, it happened prior to kickoff at 1:25 in a bathroom on the 300 level of the north side of the stadium. victims were taken to the hospital. no word on their injuries. the suspects were quickly arrested minutes after the alleged assault and booked into the county jail, identities have not been released. investigators are looking into what led to the assault. an attack after a playoff

baseball game leaves a man in critical condition and suspect on the loose. the attack happened here friday night in anaheim after game two of the american league division series. police say a 43-year-old angels fan was walking to the parking lot with a relative when three men attacked him. investigators are not sure why. a spokesperson for the anaheim police department said the victim didn't provoke the other men. the victim was rushed to the hospital in critical condition. the violence sparks scrutiny of stadium security and fan behavior. an american journalist inaccount if -- infected with ebola is expected to arrive in a nebraska hospital today. he was working as a photojournalist when he contracted the deadly virus, now the second person to be treated in that nebraska unit and fifth american to return for treatment since the outbreak started. international flights could face extra scrutiny. the centers for disease control

is considering increasing screening to better protect americans. officials are looking at entry screenings and several ways to limit risk of americans being infected. this morning, the c.d.c. will hold a briefing to update the investigation of the dallas case and the head of the c.d.c. will also brief the president. we'll bring that to you live, at 9:00 hour time on the 9:00 edition of the kron 4 morning news. a mother stand to death by her son in heyward, neighbors are still at a loss for words. the 57 woman was stabbed by her son. neighbors say the son was a student at uc-santa cruz who would often come home to visit his mom. >> a wonderful kid, a kid you could never expect to do

anything like that. rosemary is one of the most positive persons i ever met. she always talked to all the neighbors. she picked the fruits on her tree and delivered to all the neighbors. >> the 20-year-old joseph badiali has been arrested. he is cooperating with the investigation. still ahead, a shooting near an oakland nightclub leaves one person dead and two injured. we'll have the latest details. protestors in hong kong ignore a deadline to disperse, and could this be jim harbaugh's last season? we'll have more on the rumors. a live look at the san mateo bridge, traffic moving smoothly.

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welcome back. still tracking a good ride around the bay. no major incidents to slow your trip. if you're headed to public

transit you'll want to know bart is delay-free. so is cal train on the peninsula. muni metro looks good and train number one on time out of the central valley. 5:11. oakland police are on the lookout for whoever is responsible for a triple shooting that happened yesterday morning near a downtown nightclub. one person was killed, two others were injured. the fight was around 1:30 in the morning yesterday, a group of people left a 14th street night one, the second early morning shooting in a week outside a downtown oakland nightclub. last wednesday a man was shot and killed at 11th and clay. typically there's a police presence at closing time. the oakland police were around the area at the time of the shooting but in this case the shooting happened and so now they are investigating. the supreme court back in action. coming up, we'll take a look at the challenges facing the

justices in the coming months. it wasn't easy but the niners beat the chiefs and a familiar face as alex smith faces his former team but it was the phil dawson show. a hot weekend, fog over san francisco. we'll have more and see if it's a cooldown for san francisco or the bay area. at shell, we believe the world needs a broader mix of energies, which is why we are supplying natural gas, to generate cleaner electricity, that has around 50% fewer co2 emissions than coal. and why with our partner in brazil, we are producing a biofuel made from renewable sugarcane to fuel cars. let's broaden the world's energy mix, let's go. is it the biting? ...we need to break up. cuz i can stop? no! i love you and your show.

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live in the weather center, we're talking about the heat. you were like, hey, did you like the cooldown? what cooldown. >> you had to be along the coast to feel it. we've got the marine layer back, fog in the golden gate. for communities will feel the cooldown, finally the inland valleys getting relief by tuesday, more likely into wednesday. the ocean breeze is kicking in slowly but surely. more and more communities will feel that cooler air as we

continue on through the week. here is what it looks like outside. we've got san francisco at 59 degrees. widespread upper 50s as you can see. oakland, san jose, concord, livermore from 57 to 59 degrees right now. santa rosa cooler at 50. eventually everything is going to warm up nicely. satellite/radar view, not a lot going on in terms of clouds. we've got fog along the coast, high clouds not so much on the wider view, the high pressure system is beginning to gradually weaken, and we're going to see the benefits of it. as soon as today you're going to see by noontime 70s hugging the bay and coast with 80s inland. 90s inland. we have the micro climate, the degrees in temperature, 70s by the bay, 75 at the coast, 80s inland, 70s, 80s and 90s in place today. if you want relief you'll find

it toward the coast. last friday we talked about 90s clear to the coastline, sweltering around the bay area on friday but today we've got some differences in temperatures. here is our forecast for south bay. looking for 87 to 88 degrees for places like redwood city and palo alto, deeper inland 89 in san jose, warming to low 90s in the valley and evergreen areas. east bay the delta is the warm spot, 93 to 95. low 80s for the east bayshore line, 83 oakland, 78 in san francisco, and in the north bay look for upper 80s to low 90s. 88 to 92 for the wine country. seven-day around the bay forecast, you can see the cooldown, thursday inland highs drop to 80 degrees. just in time for high pressure to rebuild bringing temperatures in the 90s for saturday and sunday. that's the weather. now to traffic. george, good monday morning.

>> we continue to track a good ride around the bay. we're not looking at hot spots. chp only with one minor incident on 580 at high street, in oakland. it's not slowing traffic. take a close look at the bay bridge, the westbound ride. still a smooth commute from the macarthur maze, 11 minutes. it's about the same drive time for highway 92 in the san mateo bridge, a stalled truck as the commute began, no problems. no backups on the approach. and your trip to the golden gate bridge, a foggy one. crews are still on the span as they move the pylons over to add the fourth lane southbound and remove the buffer lane. richmond-san rafael bridge, no backup or delay. tracking drive times for you here, still just 12 minutes, hercules to berkeley. 15 minutes through the san ramon valley, that's a good

ride. westbound interstate 580 picking up slowing here at the east end of it, coming down from 205 into the altamonte. south bay freeways look great. no delays with green on the road sensors, easy ride through petaluma for 101 southbound in sonoma and marin counties. >> thank you. protests in hong kong subsiding with only a few hundred remains. schools reopened and people returned to work after protestors cleared away. activists have blocked major roadways in hong kong for a week. they are challenging a decision by beijing about how elections will work in the city, and they are demanding the autonomy promised by the chinese government when britain returned hong kong to china in 1987. the hunt for flight 370 resumes this morning, more than six months after the jet

disappeared. the search will happen in a desolate stretch of the indian ocean, a ship arrived in the search area this morning. the other two ships will join the hunt. search has been on hold so crews could map the sea bed in the search zone. the supreme court starts its new term, the biggest issue is same-sex marriage. right now 31 states ban gay marriage and the supreme court will decide if that ban should be lifted nationwide. other issues facing the court, religious rights of muslim inmates and whether threats made online constitute free speech. the court could also hear cases on affirmative action, abortion rights and health care reform. taking a look at what's trending on the web this morning, jim harbaugh locker room tension against players

continues to grow after players publicly said they support their coach. rumors have it harbaugh will not be back next season. during the off season there were rumors about him almost getting traded to the browns. his status seems to be in doubt. on twitter, jim is my coach, we're trying to win a super bowl, not a personality contest. guys? >> we have a lot of questions. >> is he giving answers? >> we'll get them at the end of the season. thank you, robin. the 49'ers taking on a familiar face as alex smith, traded away to kansas city, his chiefs roll into town. opening drive smith with a short pass to travis kelsey as the tight end fights for the

end zone and 2-yard touchdown with a nature boy dance. 7-0 chiefs but the 49ers in the second quarter, kaepernick to johnson. niners win this one 22-17, but it was all about the five phil dawson field goals. it was a big weekend in sports, not just football but baseball. the marathon game two and if you didn't catch it here is what you missed. >> this was all 49'ers and here is one of those plays where if you converted, you're a genius. if you don't, everyone like us who starts saying what the heck are they doing? >> they got this sign in front of the building, it says commitment to excellence. they ought to take it down. it's false advertising right now. >> i don't think the giants win if zimmerman stays in the game. what do you think? >> there are times when you make good pitches and then you

don't make good pitches. he was making good pitches the entire game. >> 20 straight batters. >> 20 straight retired. let him win or lose his own ball game. i was shocked they took him out. >> don't forget, watch sports night live on kron 4 every sunday at 9 p.m. >> still ahead, big news with hewlett-packard, the palo alto company is splitting into two.

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fo wholesomerain cellent, dicious... and mmy! hoy bunches oats. cellent, dicious... tasty! mmy! welcome back. hoping for a positive day a wall street after a wild week last week. the markets are several triple digit swings but the dow did end above 17,000, the tech heavy nasdaq rising 1%, the s&p climbing up to close to the 2,000 mark once again. right now dow futures up 51 ahead of the opening bell, a big reason is hewlett-packard, splitting into two companies. the announcement coming they are going to focus one company on computer and printing, while the other company will focus on

technology services, such as data storage. the palo alto-based company laid off thousands in recent years because of falling sales. the pc and printer business will be hp incorporated, services businesses will take the name hue led packard enterprises, shares up 4% overnight. a high-speed chase in san leandro, police are trying to track down the suspect. after winning an 18-inning classic game in washington, the giants come home to at&t park with a chance to clench the playoff series. more on the weather and return of the fog and where the cooldown is going to kick in, we'll keep an eye on bay area traffic with traffic beginning to grow in the cash lanes at

the bay bridge. we'll be right back in two minutes with the 4 morning news. ♪watching everybody eating ♪what they want all day ♪oh this tasteless cardboard ♪brings me nothing but more shame ♪ ♪turning every turn until i find something right♪ ♪and it...takes my breath away

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5:30. happening today after some much needed rest, the giants are back in the bay area taking on the washington nationals again. with the same outcome, i'm sure. but let's do it quicker please. 18 innings, mercy! jackie is live at at&t park. hi, jackie. >> good morning. that was crazy. 18 innings, 6 1/2 hours of baseball. it turned out great for the giants. we talked on friday, we knew the playoff series was starting. how many more games would be here at at&t park? turns out at least two more games here. today they can actually clench it. let's talk about saturday, an

18-inning classic. the giants were down to their last out, nobody on, a walk and sandoval hits almost a two-run double, a single -- or a double to score one, posey out at the plate. then they go nine more innings, 6 1/2 hours before winning, giants up 2-0 in a five-game series, that means all they have to do is win one more and today's game is here at at&t park. the starting pitchers had a press conference and talked about what today's game means. >> can't afford to lose focus. we've been in their spot, and we've come through the other side, so we have to -- we have to maintain what we're doing and stay hungry. >> you try to keep the guys loose and relaxed, because they are going to be amped up but have some fun with it and

embrace this. >> today's game originally was supposed to start at 12:05 here at at&t park but because the royals won and knocked out the los angeles angels, the tv folks decided to push the game back so if you're a ticket holder, stay at work longer, the game starts at 2:05. if you're just waking up. they have changed the start time so realize that but this place is going to be rocking today, daria, a chance to close out the series against the washington nationals. >> if it starts at two it will end around eight or nine! >> come on! >> i couldn't stay with it. >> game four? >> no, this is game three. >> they played two the other night. >> oh, no, that's what i thought. the same thing. let's get more on the forecast for the game. >> this is what it's going to

look like. at&t mark, mostly clear skies, game time 2:07, temperatures at that point 74 to 78, a buffer there that will cool as we head towards the later parts of the game. sunny and warm, winds not bad from the ocean, at about 8 miles per hour. a beautiful day at at&t park as we clinch the series. from mount tam over the bay, you can't make it out until the sun comes up and makes it brighter but there's a decent marine layer pushing through the golden gate bridge. the theme today is not as hot. that's the forecast for the afternoon. i've got a list of cities here, expected high for today and how much cooler that number is over yesterday's highs, you can see we range from 1 degree cooler today in san jose up to 5 degrees cooler in concord with a high today of 92. san francisco should get 78, that's 4 degrees cooler than yesterday so the cooldown is

kicking in. and will become more apparent for the inland valleys by mid- week. we'll talk about that coming up in the full check of the forecast at 5:45. i'll have your seven-day around the bay and we'll talk more long term. there's another warmup for the coming weekend. now to traffic, george, good morning. good morning, james. it's warming up a little bit. the commute as well, as we look at the westbound ride on the bay bridge starting to fill in in the cash lanes, on the right and left sides of the toll plaza, ten minutes from seeing the metering lights activated. it could be even fewer minutes than that. but the commute definitely getting underway from the east bay. and for your trip across the san mateo bridge, highway 92, conditions are great but they could change in as little as an hour. we've started to see this bridge back up as early as 6:40 in the morning. but your ride to the golden gate bridge is a foggy one today, with no problems in the southbound direction other than

the reduced visibility. shouldn't be too much of a problem for you though. there are crews still on the span reconfiguring the lanes in the southbound direction. mark? >> thank you, george. police are searching for the person that killed a san francisco man. yesterday afternoon police responded to shots fired in the bye view district and found a man shot dead. police are urging anyone with information to come forward. a simple traffic stop turned into a high-speed chase in san leandro and the suspect is still out there, police looking for the driver. it happened on woodland avenue around 4:30 yesterday afternoon. police tried to pull over a car for reckless driving but the driver took off and then the chase went right past the san leandro police headquarters before the driver ended in a cul-de-sac. >> the person didn't know the neighborhood or he or she wouldn't have driven down a dead end. >> the vehicle made a u-turn and

faced head-on and rammed the patrol car. >> the suspect got away, the officer was not hurt. the car of a missing belmont man was found in shasta county. 87-year-old paul merrill's car was found thursday outside bernie with his keys, wallet and belongings in the car. police are continuing to search for merrill in cooperation with the shasta county sheriff's office. the coast guard is reminding boaters to be safe on bay area waters after a string of recent incidents around the bay area. first there was one friday afternoon on bodega bay, the current pushed a 12-foot boat toward the jetty rocks, the coast guard towed that disabled boat. later a 25-foot recreational boat began sinking near point bonita in sausalito, two people jumped into the waters and were

rescued by a nearby commercial fishing vessel. two hours after that, the coast guard crews rescued some people aboard a sailboat in the oakland estuary, there are more people on the water and they are urging you to be careful. >> we'll be right back as the morning news continues with more on the blue angels' return to the skies. ♪ hersy'spres.

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