an emotional vigil tonight for a teenage boy who accidentally shot himself in front of his younger brother. good evening i'm ken wayne,. >> and i'm julie haener. as friends and relevant relatives mourn the boy's loss tonight, detectives want to know where the teen got the gun. amber lee is in emeryville with the report. >> reporter: we're at the

football field where friends and family gathered to remember goodwin. they came together to try to teach children a lesson about guns. >> one of the kids that i coached in 2006 passed away last night. because of a gun. >> reporter: walker says he coached marquell and older brother. today he spoke to dozens of children about guns. last night marquell accidentally shot himself in front of his younger brother. police say it appears to be an accident and that the boys prague the boys -- boys brought the gun to the home. the boy's mother told us she doesn't know how her son got ahold of the gun. >> i don't think children should be ahold of a gun. >> reporter: the two brothers were known as the goodwin twins even though they were two years

apart in age. >> they were always best friends, they were always together. they were never one without the other. >> reporter: the younger brother was questioned and released. family members says he hasn't talked much about the incident and remains in shock trying to deal with marquell's death. >> he used to make everybody smile, i miss him so much. >> learn from others mistakes so you don't have to pay the cost. >> one, two, three. >> we love you marquell. >> reporter: the family released balloons in memory of marquell they say he leaves a void that can't be filled. marquell celebrated his 16th birthday just last saturday now his family is planning his funeral. eggs are to blame for a multi state salmonella

outbreak. the eggs were produced in iowa and sold in california at safeway, ralph's and albertson's. the eggs in question were pulled from the store's shelves that past weekend. >> any customer who may have that product in their refrigerator is asked to discarder or feel free to return to our stores for a refund. >> 160 people have been sickened by salmonella. 1026, 1413 and 1946 are the numbers of recall. we've posted all this information on our website ktvu.com. look for the bay area news tab on the front page. new details are emerging

tonight about the resignation of mark heard. jodie fisher reports that her work dried up after she refused his advances. what's next in the league fight over same-sex marriage in california? after a series of rapid fire developments this month, the pace now slows with a federal appeals court set to hear oral arguments in early december. >> reporter: the next round of arguments in same-sex marriage will be heard here at the ninth district court of appeals in downtown san francisco. this case will be heard the week of december and one of the first issues they will address is the question of standing, whether the supporters of prop eight even have the right to argue this case. >> i know pronounce you married

under the laws of the state of california. >> reporter: californians may have decided by 52% of the vote that gay marriage is unconstitutional. backers of prop 8 intervened in court and brought their own case in front of judge vaughn walker. now the ninth circuit court wants to make sure it should be listening. >> they are just saying please make sure you tell the marriage panel why you think the marriage panel is allowed to hear this case. all right -- >> reporter: you are not the state. >> you are not the state so it is not clear you are allowed to file. >> our position is that the people of california have a right to be defended. especially where the elected attorney general has violated his obligation to do so. >> reporter: both sides will file briefs before the december 6th court date to argue their

merits. a ruling could still take several more months. then both sides are ready to argue before the supreme court where all eyes are on justice kennedy considered the swing vote. >> no one wants to rush him because everyone sees him as the vote. >> reporter: in san francisco, p pria davis cummings,.

solano county prosecutors say they plan to charge pickles with a fire at the jail in vallejo. the fire destroyed hundreds of court records but officials say they had copies. a grass fire broke out this afternoon in freemont, as it turned out there were plenty of fire crews on hand to knock it down. the fire started on a steep hillside near vargas road around 12:45. freemont firefighters responded and got some unexpected help from calfire crews. calfire crews were on their way to the shasta area where there were signs posted due to lightning. this blaze was contained within seven minutes and one structure burned. another fire south of pigeon point in san mateo county shut down highway 1 for more than an hour this

afternoon. fire crews could not attack the fire immediately. crews managed to contain it within two hours, the cause of the fire is still being investigated. and as rob roth reports, the candidates are no strangers. >> reporter: the latest controversy -- madison nguyen says at least eight large campaign signs have been torn down all on private property. the twist nguyen got this text message from rudy rodriguez, a former candidate. >> madison, your volunteers or you have placed signs on my

latino supporters who are now supporting yen, the signs will come down tonight. this is a clear indy kaeugts that this is -- clear indication that this is foul play. >> trying to convey herself as the victim in all of this. >> reporter: district seven deserves more than all of this bickering over signs or you know dirty politics. >> reporter: voters we talked to agreed. >> yes, i've seen that a lot and i think it's cowardly for them to do that because they are not playing fair. >> reporter: san jose police say they have gotten the complaint from nguyen and are still considering whether to start an investigation. robert handa, ktvu news. the family of a tesla engineer killed in an east

palo alto plane crash is suing the state. in the lawsuit filed in san mateo superior court, the family of andrew ingram accuses pilot bourne of negligence. the family says he shouldn't have taken off in foggy weather. a jury found rod blagojevich guilty of just one count against him. the government has accused rod blagojevich of using his office for gain. and trying to sell or trade president obama's former senate seat. the one conviction was for lying to federal agents. rod blagojevich accused the government of trying to persecute him and his family. >> 24 charges that i've said since the beginning i was innocent of. let me also point out that we didn't even put a defense on. >> he also said he will appeal

the one conviction and the fedel prosecutor said he plans to try rod blagojevich again. restaurant survival in san francisco's north beach. which ones are cooking and which ones are closing, that story for you straight ahead. it is being called ground breaking. researchers unveil a potential link betwee

when it comes to the restaurant business, bigger may not be better. big floor restaurants in san francisco's north beach are having financial troubles. mike mibach is live. >> reporter: the tables are packed, people are enjoying a nice dinner, a nice bottle of wine. but not every restaurant in north beach is this busy tonight, not every restaurant in north beach is even open. what we picked up, the smaller the house, the better the business. fresh graded cheese on a dish of pasta, this is tuesday night at pellegrini. >> when you have a smaller

restaurant, it's like your home. >> reporter: owner dario hogion has a passion, passion for service, for his food, he says he cooks with his heart. >> you have to be good, you have to serve good food. you have to know what you are doing, you have to be friendly. some of these big corporations can't offer all of that and that's probably why they can't make it. >> reporter: last week washington square and grill closed its bar. eddy is now only for dinner a few days a week. two years ago when it first opened its door seven nights a week it was often packed. >> it's got to be rent. i think it's expensive to be here number one. i think it's really expensive to get your operation going here. >> reporter: scott johnson and other north beach residents say they noticed the large restaurants struggle more and more. >> it became too corporate, following a recipe or

something. >> reporter: this couple says they prefer eating at the tiny quaint establishments because the big ones are too much about the dollars and cents and not the customers. >> it's the taste of san francisco. their taste is so constantly evolving. >> reporter: and at joe demmagios, business is down there so much that its owners are considering its next move, including possibly closing its doors. reporting here tonight in san francisco, mike mibach. kelly's dance club in san francisco says it's not closing down. the port of san francisco announced it would terminate jelly's lease because of two fatal shootings outside its club. jelly's owners says the violence is exaggerated. ktvu has learned about a

shake up within the police department. assistant chief kevin cashman and john loftus were demoted to the rank of captain last week by chief gascon. >> you've been at the highest level and now you're going to a lower level. but i think everybody is readjusting to the facts that there are no guarantees or safety under chief gascon. >> the chief has been making changes for the past few months, both of the demoted men have ties to the department's crime lab where a former technician is accused of stealing drugs. get ready to roll up your sleeve, the foundation is calling about 3,000 patients who will have to be revaccinated at clinics throughout the bay area. the problem is that some vaccines weren't stored at the proper temperatures and may not work. the foundation says the

original vaccines won't hurt you you just may not be protected. the research links head trauma with a condition similar to als or lou garrett's disease. as jana katsuyama reports, a former san francisco giant was a part of the research. >> reporter: now a study to be released tomorrow in the study of neurorow pathologist says it's found the first pathological evidence that repetitive head trauma experienced in sports may be associated to als disease. one of the study's main subjects was eric scoggins who

played with the 49ers before he died last year. scoggins was originally diagnosed with als and spoke out about the research. >> i chose to be a donor. >> reporter: scoggins donated his brain and spinal cord at his death. now a study found that scoggins did not have als but a neurological disease from head trauma. >> that helps understand our understanding of the disease. >> reporter: the director dr. katherine herst says the study is not conclusive. >> what would be most available

to compare those football players and soccer players who have had a lot of concussions, but did not develop any problems. what does their brain look like, what does their skull look like. >> reporter: the researchers say this also could have big implications not just for athletes but also for military veterans who experienced repeated head trauma. alameda city officials say they have questions about where fire chief keppler is getting his gasoline. kapler has been seen filling his tank at county stations, but the chief says that it's

part of his contract because he is always on call. as far as the sea looking out toward the bay, there's the golden gate bridge and the marin head lands, you can see the fog developing over the last few hours and it will continue to expand in size at least overnight. the fog still a factor in san francisco. temperatures have been cooling off. santa rosa right now 57 degrees, downtown san francisco 68. san jose 62 degrees, this will continue to impact our forecast in the short term, i'll have more on that come up. at least tomorrow's forecast in less than 10 minutes. santa cruz says it's out. the city has decided not to take part in next year's engine tour of california. santa cruz actually made money when the racers stayed there. and they invested $190,000 on the event which included a lot of police overtime and they came out $10,000 ahead. the city says it doesn't have the money or staffing to pull

it off again. a major new twist tonight in efforts to clean up the gulf. who's now challenging rosy conclusions. an alert tonight for area homeowners. the alert tonight and how to stay safe.

scientists from two universities said today the federal government was wrong when it claimed most of the oil from the bp oil well blow out is gone. the scientists released video taken three miles south of panama city florida and said it shows droplets of oil floating in the water. 80% of the oil still lurks beneath the surface. >> the concern is that these

are rivers below the water. they are not rivers of oil below the water, they are disbursed droplets of oil. a suspect is in jail tonight after a stand off in sacramento that lasted several hours. oakland police say they got a tip bryan brown was held up in a san francisco apartment this afternoon. after brown refused to surrender, a s.w.a.t. team fired tear gas into the apartment. brown had cut a hole in the wall leading to the next door apartment. that's where they arrested him. brown was wanted for the shooting death of 32-year-old james wilkin late last month. there's new information about a deadly offer shooting. the man killed is identified as 20-year-old edgar erisondo. his mother says she called police for help because he hasn't taken his medication for depression and was drinking. burlingame police say the young

man moved toward officers with a knife and one officer opened fire. the san mateo district's attorney is investigating. an autopsy today revealed how a danville teenager died sunday night. police say 19-year-old justin d. young jumped on to the side of a friend's suv. the autopsy shows he was killed by falling on to the pavement then being run over. a new study shows one in every five united states teenagers has lost a bit of their hearing. it found that hearing loss among 12 to 19 year olds has increased substantially in the last few years. listening to loud music through ear buds is to blame and they are urging teenager to turn down the volume on their digital players. highway patrol officers are gearing up for another cell

phone use crack down tomorrow. 900 drivers were sited on one day alone during last week's campaign against cell phones that are not hands free. it's not just talking or texting that can get you into trouble, the chp says motorists can be stopped simply for looking at a cell phone while holding it. plans for a new hospital in santa rosa received a nod of approval today from sonoma county hospitals. sutter wants to build a new hospital. it would replace the aging community hospital. final approval could come next week. the danger could be right under your nose. a warning for homeowners in palo alto. i'm rita williams, what may seem frivolous here may have a serious purpose, that story still ahead.

we will be tracking more fog first thing tomorrow morning. here's the forecast at 7:00. fog concentrated coast side, right around the bay, could even have a few patches inland. by lunchtime we should have this, partly sunny skies but still lingering coastal fogs. and then by 3:00, partly to mostly sunny. the eventual temperature range from 60 to 70 degrees. the break down at 7:00, 56 degrees. you can see mostly sunny skies. if you are already making weekend plans, you definitely want to see the five day, i'll have that for you in a few minutes. and a homeowner alert on

what may be lurking on foundations. >> reporter: that warning is going out for people who own older homes, especially those who have their heating lines on slab homes. while it's rebuilt today -- this is what it looked like last september after a gas leak led to an explosion and fire which leveled the home. >> if you smell gas, take it real seriously. that is what happened in the maureen cases, they smelled gas for a considerable period of time before the incident happened. >> reporter: palo alto fire marshalls says the problem is with homes build 50 to 60 years ago. the gas lines are at risk of leaking. >> they were commonly routing the gas lines in galvanized pipes underneath the pipe foundation in homes. they stopped after they found

it was going to be a problem. >> reporter: the process is familiar in lakelers home. realtor tim floyd says most ikeler homes were actually built with the gas line on the side of the home not under the slab. >> when ikler was built, there's just one area. the stove, the oven and the drier were all electric. >> reporter: the problem is solving itself in many cases with many homeowners remodeling. >> the gas line in our home had been abandoned. it went under the slab. i think this house had settled so much that they abandoned it and put a new gas line under the roof. >> reporter: the fire department advises homeowners who smell gas to get out

immediately and call 911. maureen naylor, ktvu. ktvu.com has a link to gas safety information from the city of palo alto. new government data offers a mixed picture of the economic recovery. busy auto plants helped boost output by 1.1%. but it was a different story for housing. single family home construction fell 4.2% in july. wall street turned things around today thanks in part to positive earnings reports from wall street and wal-mart. the nasdaq was up 23. hundreds of people showed up at mcdonald restaurants hoping to order up a job. >> how would you deal with --

>> reporter: mcdonal's held a one day hiring event looking to bring on 1,000 workers. more than 70 people showed up for 20 available positions, including a culinary student. >> i'm willing to take any job that's available to pay for my books. >> reporter: some mcdonald's franchises offer health benefits. applicants range from teenagers to laid off tech workers. the cameras were rolling at the peninsula. the competition included celebrity chefs and judges including prison inmates hoping to learn the ingredients to a better life. >> reporter: this redwood city kitchen was bustling today in what was built as a iron chef competition. four teams of four racing against each other and the clock.

>> 45 minutes to go please. >> reporter: what may seen frivolous here really has a serious purpose behind it all. you see the kitchens inside this san mateo county jail were former inmates here. >> we had a long time picture of in and out, repeat offender. now i've never been better in my life. >> reporter: she credit it is culinary classes she took while in jail here, a new joint effort between minloe park training. >> any other business that would be considered a failure, we know that 60% of the women are in custody were unemployed at the time of their arrest so we know that job training is key. inmates were paired with celebrity chefs including the district attorney who helped put them here. >> reporter: from what i

understand you have a confession? >> i did, i attempted to unfairly the bribe the judges because i made fudge last night. >> reporter: his team was third. the first team went to a sheriff's captain. >> i'm moral support and the person that keeps them here. because i'm in charge of the jail. >> i have six kids, so i can get out. >> reporter: her teammate gets out friday. so you get out of jail friday, are you coming back? >> no i'm not. i've learned my lesson. >> reporter: in redwood city, rita williams, ktvu channel 2 news. good for the bay area and good for the u.s. taxpayers. historic change coming to treasure island. also ahead, high tech help for teachers who want to keep better track of preschool children. why they say it's necessary.

gm announces a major recall, what's affected right after the break. the most powerful half-ton crew in america has a powertrain backed for 100,000 miles. chevy silverado half-ton a consumers digest best buy and the most dependable, longest-lasting full-size pickups on the road. now get 0% apr for 72 months on 2010 silverado half-ton models with an average finance savings around $5,800. you know how they say, "like father like son?" well i was following in my dad's unhealthy footsteps. our weight was out of control bere we decided to make a change. together my dad and i lost 400 pounds. we started exercising and eating better with lean protien like jennie-o turkey. and now when people say i take after my dad,

i couldn't be more proud. anncr: be well... with all the great tasting ways to eat lighter. only from jennie-o. what this droid does will change how you do web connections. this creates a mobile 3g hotspot, powerful enough to fuel multiple devices at will.

putting you at the center of your own world wide web. introducing the new droid x. the next generation of does. general motors has issued a voluntary recall of their popular models because of seat belt problems. the recall covers 2009 and 2010 models of the chevrolet traverse, buick enclave, gmc acadia. owners will be notified by mail to take their vehicle to a dealer. mazda is recalling 300,000

vehicles because of a shifting problem. the company sights 33 complaints including three crashes. san that clara coroner identified the man who was found on friday. the coroner said he was carlos alberto valencia of san jose and that he died of a gunshot wound. valencia was tending goats at the time. the sheriff's department is asking anyone with information to contact them. in news of the world in iraq, a suicide bomber killed 61 people at an army recruitment center today in baghdad. 125 others were wounded. most of the victims were poor young men looking for work. the bomber got past one check point and pat down instead of a suicide vest, officials say he strapped explosives to his leg. officials blame al-qaida, this was the single deadliest attack in baghdad in months. in roman romania a fire at

a maternity ward left four babies dead and several injured. the health minister called it one of the darkest tragedies ever. the cause of the fire is unknown. and in australia a surfer died after being attacked by a shark off the southwestern coast. witnesses say they pulled the man from the water and tried to resuscitate him. the area was closed to give officials a chance to check if the shark was still there. at george miller children's school in richmond, the children have begun wearing jerseys with a tracking system.

>> now when we free the children to lunch, we just have to push a button. >> reporter: contra county officials say a grant paid for $50,000 system which could eventually save thousands of hours of work. thousands of people lined up in san francisco today with dreams of becoming the next american idol. >> we got it baby. >> reporter: today wasn't about singing, it was all about wristbands, auditions to find the next singing sensation begins thursday. but you need a wristband for the shot at stardom. registration starts tomorrow at at&t park. season 10 of idol begins in january. it has been years in the making. up next san francisco taking control of treasure island and has some ambitious plans for the space. mark tamayo is working on the five day forecast for the bay area, he's back in about five minutes.

shortchange at treasure island. san francisco took position from the navy. >> reporter: today secretary of the u.s. navy ray mavis, house speaker nancy pelosi and mayor gavin newsom took position of treasure island to san francisco. >> from these shores, tens of thousands of sailors and marines left to fight in the pacific in world war ii. and a lot of those sailors and marines who left from here, this was the last time they saw america. >> reporter: mayor newsom thanked former mayor billy brown and many who worked through the project. >> it was not easy to put

together but we're here today to celebrate that agreement. >> reporter: the city will pay the navy $105 million over the next several year. the plan is to develop 8,000 housing units, three hotels, shopping areas a new marina and 300 acres of open space. ground breaking is scheduled for next year, many if not all of the 30 so business already on the island will need to be relocated. jim morauski founded treasure island wines and wants to be part of the island's future. >> we want to work with the developers and understand how we can be part of the redevelopment and part of the newest neighborhood in san francisco. >> reporter: part of the agreement calls for the navy to clean up treasure island before it is turned over to the city. sal castaneda, ktvu news. two piece, two massive

pieces for the bay bridge have arrived. they are 225 feet long and weigh more than 18-tons a piece. they are designed to form a long part of the bed. just a few days after a deadly racing accident another race is planned for friday in nevada. last saturday evening a truck flips during a race and kills eight spectators who were close by. the organizer of friday's event says crowds will be kept from the track. the bureau of land management says veterinarians have determined the foul found

-- foal had not been shot. it was in advance cases of decomposition. the cause of death is unknown. rough weather caused problems in mexico's resort city of acapulco today. rain pulled eight cars into the beaches. the storm pushed sand and debris on city streets which crews has to clean up. back in the bay area, a fairly nice day with the clouds even clearing the coast with mostly sunny skies. temperatures cleared off, we had warmer temperatures coast side. the conditions are changing by the second with already an increase in the fog, even oakland reporting partly to cloudy skies. wind out of the west, gusting to 22-miles-an-hour. as far as temperatures from today, you can see the range from the lower 60s in pacifica,

san francisco topped out 66 degrees. no 90s to report but you could see a few 80s in fairfield and antioch. weather story is this, the fog already increasing right now. the trend will continue overnight, we'll stick with this forecast, cool temperatures coast side, warm numbers inland. another cooling trend showing up in the five day. as far as temperatures for tomorrow, the range in the lower 60s at the beaches. the warmest locations 82 to 85 degrees by around 2:00 or 3:00 tomorrow afternoon. not a big change for tomorrow. the fog will continue to be a factor pulling back to near the shoreline. thursday, a little bit of a bump in the number adds high pressure briefly returns but look what happens for the extended. this really kicks in for your weekend, another weather system moves in, this will bring in the cooler air. increase the on shore breeze and the fog. we'll see temperatures increasing saturday and into sunday with no heat waves showing up on our long range

weather map. for tomorrow morning, areas of fog and drizzle coast side. could even be measurable drizzle out there. low to mid-50s, pretty chilly once again. into the afternoon hours, partly to mostly sunny, partly sunny for the coast. more sunshine as you do head inland and temperatures into the 60s all the way into the 80s. these numbers not a big change for today. santa rosa 77 degrees. san francisco basically in the lower 60s right around 63. here is a look ahead, your five day forecast and a little bit of a bump of the numbers. as we head into thursdays, temperatures on track to warm up. another cooler trend showing up for friday then into the weekend. in fact, that 79 you see for both saturday and sunday, that might even be optimistic as we head into the weekend. >> it's going to feel like mid-

august. >> the weather maps for the next few weeks keeping it locked in place. >> thank you, mark. san francisco tourism officials say they are seeing new signs of life in their industry. in may, hotels rented 8% more rooms than a year earlier. some hotels are seeing an even bigger boost. the general manager at the chancellor hotel neardownon square says occupancy there is up significantly -- hotel near downtown square says occupancy there is up significantly. if you are looking for green cleaning products, the city of san francisco has some suggestions. the site can be found at sfapproved.org. it was originally designed for

the city's purchasing department. crime is -- advocates against elder child and sexual abuse are also welcome and experts in finance and banking are being sought. anyone interested in helping can contact the police department. it must just be the most famous home run in baseball history. we'll tell you about the death of giant great bobby thompson.

and the giants get the pennant. the man who hit the shot heard round the world, bobby thompson has died. his 1951 home run in the bottom of the 9th inning lifted the new york giants to a play off history over the brooklyn dodgers and clenched the national league pennant. thompson later became a sales man for a paper product company says he wanted to live a normal life. thompson died in his home in

savannah, georgia, he was 86 years old. i think the pennant is not really a conversation the giants deserve any part of right now. their best baseball of the year is either behind them or better be getting here real quick. because the season can slip away considering the away schedule coming shortly. in the fifth, a two-out two run single off the bat of the pride of alameda, jimmy rollins. and coming the 7th inning, zito down 5-2, jose guin with his first home run with the giants.

a 5-run eight for the phillies. and chris off the bat of carlos ruiz. the giants in some trouble out east. the padres don't lose simply put. lou piniella's cubs down 1-0. deep to right looks like the cubs might have a two run game winning homer, expect ryan ludwig at the wall. padres at only three hits but they win again, 1-0, their lead over the giants now five full games. for the a's lately, it's not so much did they win but more like did they score a run? did they get so much as a hit. the answer right now, plenty of both. 2-2 game, joe cuff, aaron hill tags a runner.

the throw gets away. not only is tagged but in comes cocoa crisp with a chance to put him ahead. davis to left and travis schneider out there in left. boy the jays just kicking the ball all over the yard. ellis all the way around for first. dallas braden win number eight for oakland. longevity. not one of the benefits for players over the age of 35. that's what the niners have at hand trying to stretch the career of coran by getting westbrook. you will hear from him tomorrow, 5:00, maybe 6:00. that's the sporting life for a tuesday night. >> sometime tomorrow. >> that's our coverage for

tonight. i'm julie haener. >> and i'm ken wayne. >> our next newscast is at ktvu morning news at 5:00 a.m. thanks for joining us tonight. good night.