scene. >> reporter: let's look at some pictures taken earlier. that's where the shoot out started. take a look at these grounds level pictures that show the police markers that show the dozens of shells that remain on the ground indicating where shots were fired between police and that suspect. this afternoon two freemont police officers part of a multi agency alameda county task force that investigates several crimes were attempted to serve a warrant to 20-year-old andrew barrientos. oakland police say shots were fired between the suspects, between the suspect and officers and that one of those officers was then wounded. the suspect then took off on foot and attempted to carjack this sedan. a relative of the owner of sedan tells me, the driver of the car raced away but was shot by the suspect. he suffered facial lacerations from broken glass but we're

told he is other wise in good condition. >> a second attempt was made that was successful. the suspect then fled the scene in the vehicle that was stolen. right now we're continuing to investigate this and look for the suspect. >> reporter: and here is another look at the mug shot of the suspect in today's shooting. police tell us again his name is andrew barrientos he's described as a hispanic male. 5'7", 240 pounds with brown hair and brown eyes. he has the tattoo decoto tattooed on his back. the car he carjacked license plead is 4mje548. anyone who has seen barrientos or are car is asked to call

police. and earlier, chief of police spoke outside of the hospital where the officer is located. >> reporter: frank we just learned that the officer is in his mid- to late 30s. he has been with the freemont police department for the last six to five years. he is still in surgery and remains in serious condition. all afternoon, officers from both freemont and oakland police departments have gathered here from the hospital awaiting word of his condition. the police chief has also been here. he just came out within the past 20 minutes and spoke to the media. he declined to give the officers name, but says that his officer and his partner were in pursuit of the suspect when the suspect fired from behind his back hitting him in the pelvic area. the officer was taken to the hospital by his partner. in the last 3.5 hours he's been in surgery. >> this is very unusual for freemont. i've been the chief there for

19 years, this is the first officer that's been shot since i've been the chief in freemont. so it's not an event that we're accustomed too. nor is any department for that matter. but you know the officers are doing their jobs, and we're maintaining our presence in freemont. we have a presence up here. >> reporter: the chief went on to say that his officer once worked for the newark police department and came to freemont about seven years ago. he is married, he has children and at this hour again still in surgery here at highland hospital. mike mibach, ktvu channel 2 news. the labor dispute between the city of san jose and it's firefighters heated up today. this latest development comes after firefighters said a series of fires yesterday stretched resources too thin. ktvu's robert handa joins us now, he's live in san jose with

the details. >> reporter: the overwhelming rejection has put people against each other. the firefighters union says lay offs slowed down response time to several fires the city disputes that. >> to me i was just glad they got here period. >> did it seem like it took them a long time. >> seems like forever when your house is burning and your in your underwith a hose, it's hard to say. >> reporter: hundreds of firefighters stood behind their union leader while ballots were being counted. union leaders say they offered to make their own comparable cuts but the city turned them down. they also say the lay offs left

them shorthanded during the cluster of fires yesterday. >> we all looked at each other, we said this is what we've been talking about. >> any time you have multiple fires in a single area, you have stretched resources. that would have happened last year as much as it did yesterday. >> it's hard to focus on political issues when your house is behind you in ashes, hard to say. >> reporter: san jose is pushing the november ballot measure that would allow the city to modify the arbitration process. live in san jose, robert handa, ktvu news. the napa county district attorney today said the killing of a suspect was justified. it happened during a drug bust operation near lake barriesta. the da says two agents opened fire after the suspect reached

for a silver object in his waistband. a shotgun was later found under the body of martinez. a second suspect was arrested that day. a girl's soccer coach has been arrested. david garrison was arrested after a three month investigation. police say images on garrison's computer appear to be downloaded from the internet. there were no pictures of local children. killed for nothing, that's how a family and friends are describing the death of javin clark. clark's family spoke for the first time today since that deadly shooting, john -- >> reporter: frank, this memorial for jamin clark has been growing every day. with people coming to write thoughts on t-shirts and adding gifts, including teddy bears. the track star's family came to the scene this morning and spoke out about their loss.

>> it's crazy because we just don't know why. it's crazy how one day we see him smiling and laughing, then the next day we're looking at him laying on the ground with a bullet in his head. >> reporter: just before 9:30 wednesday night, jamin was walking to a gas station with a friend when someone opened fire and hit him in the head. >> it wasn't like he was gang related, it was like he's dead for nothing and it's not right. >> reporter: i met with oakland police homicide who declined to go on camera. they say they've been working hard on this case though they've been sifting through a lot of rumors. we spoke to his twin brother jivon. >> reporter: jivon, how are you doing? >> bad. >> i really connected with the young man because i see him and his twin brother, you know before that was just like me

and my twin brother back when we were in middle school. >> reporter: their family tells me they are working on funeral arrangements. they plan to have another vigil tonight at 8:00. police say they want to hear from anyone with information about the killing or the killer. john sasaki. a church court today found a retired minister guilty of conducting same-sex marriages. reverend james barr of san francisco violated the church's doctrine when she married 16 same-sex couples. during that time same-sex marriage was legal in california. the presbyterian allows to bless same-sex couples as long as they are not called marriages. this follows a big meeting

yesterday which was the first since june. one plan put forward by democrats calls for job increedses. the other is supported by republicans, they are opposed to tax increases and are calling for the elimination of several state social programs. >> we're going to have a budget vote next week. from that point i'm not sure. i'm sure there's more work to be done. at least we're going to identify the areas of priority. neither proposal is expected to receive the 2/3 vote which is needed to pass. oakland school officials announced they have enough money to save six child development centers from closing. the school district had planned on shutting six of those centers today but that didn't happen. thousands of working parents who are low income say they rely on those centers for

before and after school care. the school district says they have enough money to keep the centers open till december. >> we made all the decisions, this is a stand we're taking. kids will maintain the same level of service through at the same cost through december. >> the only centers to be closing is the center in north oakland. the national center for birth statistics say the childbirth dropped for the second year by 2.6%. john fowler joins us now to explain, john. >> reporter: this could be bad news. especially with the aging u.s. population. social security depends on young working people and experts say there just won't be as many of them. although you can see plenty of babies these days, national

statistics statistics reveal the lowest birthrate. people said they know why and they weren't surprised. >> the economy is awful, and it doesn't surprise me. children are expensive. >> i'm not planning to have kids until i'm 26. >> it's a lot riskier now because the health care is a lot better for older women having babies. >> maybe people are just waiting longer and then once they wait longer, they just decide not to have children. >> reporter: or choose to have fewer children. >> i have one child. so i'm happy with it. >> reporter: some say it's growing selfishness. experts scientists call demogrophers say the simple answer is aging. >> it's not a good thing. because i think we need to grow our population and our economy both at the same time. >> i think it's a good thing. i think population control is a

major issue. >> we're going to have a problem, old people like us and maybe you with your retirement. >> reporter: in fact, demographers say the childbirth is too low to contain -- sacramento's childbirth was the third lowest in the nation. a bill heading to the governor's desk would require california insurance companies to cover maternity care. the federal government already requires coverage by employers and state law requires coverage by hmo. the bill would change that requiring insurance companies to sell maternity care to individuals it would go into effect july 1st of next year. crews today completed

repairs on that ruptured sewer line. it is still testing the line and hasn't yet determined what caused it to rupture on wednesday. most of the raw sewage has been removed now from the street, yards and garages, but it will take specialized crews until monday to complete the clean up. people and pets should stay away from the adjacent redwood shores lagoon. it is a first for the bay area. would you pay a toll if you could zip by rush hour traffic? you'll soon have that option here on this stretch of interstate 680. and a cooler weekend, i'll have the forecast. 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,

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san francisco city attorney dennis herr era is now running for mayor. he made a statement today saying he wants to make san francisco a city that works. the race will be decided in the november 2011 election. there is nothing like it in the bay area and there are two other areas in the entire country using them. commuters on southbound 680 will have the option to pay to drive in a toll lane.

ken pritchett is live in freemont to explain how it will work, ken. >> reporter: frank this new hot lane will work much like a diamond or car pool lane. expect solo drivers can use it if they are willing to pay a toll charged to their fast track account. what is it worth to pass by rush hour traffic and will drivers pay for their own lane to do so? >> if i was a regular commuters, yeah i would pay. especially in the afternoon going home. >> personally, i wouldn't pay. i'm not that impatient, i can wait. >> reporter: on this stretch of 680 will be converted into a hot lane which stands for high occupancy toll lane. >> depending on the time of day, it'll be usually $5 or $6 extra. >> reporter: the tolls will vary depending on traffic. and drivers will pay more or less depending on how long they stay on the hot lane.

the new 14-mile lane will be only in the southbound lanes of 680s starting on highway 84, stretching south through freemont and ending at highway 237. >> the hot lane you can only get in and get out at certain places. >> reporter: as drivers enter and exit the lane their toll tag is charged. car pools do not need a tag and can still use the lane for free. the money raised will be used for highway maintenance, the goal is to raise revenue and help control congestion. >> everybody who pays extra, that's one fewer car the rest of us have to deal with. >> reporter: caltrans is trying to get the word out now about this new hot lane because over the next several weeks they will be restriping this section of 680 because of that restriping it may look unfamiliar to drivers. in freemont, ken pritchett, ktvu channel 2 news.

you can always find information on construction work on our website ktvu.com. they are part of a san jose based group called tongue tie. it's an electronics and metal waste recycle site. wong faces a total of 42 counts. they are accused of filing fake e waste claims. big cool down, outside we go. fog and low clouds have cleared from the coast. we're picking up some wind now. let's take a look now at alameda, becomes the current wind reading should pop up. winds are popping to 45 miles per hour. that's the beginning of a cooler period. these are the highs from today, certainly cooler in some places than yesterday.

a little warmer than others, tomorrow's temperatures coming down further. low pressure center but stronger than we have been seeing. we'll drop down, you may have heard a slight chance for a sprinkle on saturday. maybe, but don't change your plans. this thing is very weak. it could bring some sprinkles to the north county on saturday mid-morning. i would not change my plans based on that. what we will notice and what you do need to plan is take jackets, be prepared for cool mornings, cool evenings and mild days. as it moves close to us it destabilizes the atmosphere, while moisture is at the surface, generally fog or evaporation off of the ocean will allow for some potential drizzle and maybe, just maybe a sprinkle. that shouldn't be the headline. what the headline is cooler this weekend. especially on saturday, sunday will be a warmer day on the

week than saturday. but not a lot. sunday in fairfield, 80 degrees. 74 in concord, this is very reminiscent of a fall weather pattern. we're not in fall yet but it feels like a fall weather pattern. low temperatures, kind of where we've been all spring, all winters, all summer. really consistent year. but we were talking about that fire in mount diablo. we're not going to be worried about fires much. your children could be required to wear a helmet on the ski slopes. details about a law that would do just that, coming up. plus the dow soared almost

165 points, the nasdaq gained 35.

a couple of ski safety bills are now on the governor's

desk. one authored by lelan yee to wear helmets while skiing. mark is off tonight, fred inglis is filling in. a lot of optimism for both the raiders and the giants. >> exhibition season week three. that's where the starters play the most. and the game comes with its own sense of anticipation. raiders are glad all the off field distractions are behind them. winning this battle of the bay tomorrow will mean the worse is behind them. >> this is probably the biggest preseason gave i've ever been a part of. because you're talking about

the two teams in the bay. they are a really good football team. they are well disciplined, well coached. >> the fact that you are going to get them again, you want to put a good effort the first time you see them so they have that in their brain and they understand this is going to be a big game when we see them in the regular season. you've seen some crazy finishes in horse races. but check out this call. >> to the final fur long, my wife knows everything. the wife doesn't know, they are one two, of course they are. my wife knows everything up front. to the outside the wife doesn't know. my wife knows everything, the wife doesn't know. my wife knows everything. more than the wife doesn't know. >> wow, and i think most married men can understand you can't lose if you bet that wives knows everything. a's trail the rangers as we

speak 4-0 in texas. giants host arizona tonight. >> and the mud was flying. >> there was mud slinging, no doubt. late details about the condition of a police officer shot this afternoon. and we'll take you to a unique bay area food festival that kicked off. it has been great for some business in this tough economy. those stories and more coming up in 30 minutes on tv36. that is it for our report. i'm frank somerville. >> and i'm julie haener. good night. >> good night. u owi stgoth n csechkint al?ye cckhiou

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