good afternoon, everyone. i'm heather holmes. homicide detectives have now taken other of the investigation into a person found this -- over the investigation of a person found on highway 101 in santa rosa. a driver called 911 after seeing the victim in a northbound lane just before 2:00 this morning. the victim was discovered just north of the mendocino avenue overpass. ktvu's claudine wong has been following this story all morning long and joins us live with the latest. claudine? >> reporter: well, good afternoon, heather. we're at the santa rosa police department still trying to get more information from police here. they are in charge of heading up this investigation but at this point they are refusing to make any comment about the case. lots of questions remain u nanswered but it appears from

what we have learned that this was not accident -- no accident. the california highway patrol was the first to be called early this morning after a passing driver on highway 101 saw the victim lying in the middle lane just before the guerneville exit in santa rosa. that was just before 2:00 this morning. that driver did what they could to keep other cars from hitting the victim. they stopped and -- in the road and tried it help other people avoid the person in the road. >> reporter: when the highway patrol and emergency responders got there, the victim was still alive but unrye expensive and severely -- unrye expensive affidavit severely in-- unresponsive and severely injuredded. as efforts were underway to save him, it became very clear that something else happened. >> we began to investigate at a collision but then we found signs that it might be a homicide.

>> reporter: we don't know how the victim got on the freeway, what killed him or if he was lit by any cars. that's what the santa rosa police department is now responsible for figuring out. now, the freeway was shut down, at least partially for a little more than seven hours as the crime scene was investigated. we've been told multiple times that investigators from the violent crimes unit are out on the street right now trying to get answers into what happened. certainly information still coming in about this mystery but we'll continue to follow this throughout the day for you. live here in santa rosa, claudine wong, ktvu channel 2 news channel 2 news. and the other top story -- the weather. right now we have a break in the series of storms that have s oaked northern california. heavy rain pounded the bay area overnight. that created some treacherous driving conditions. the chp reports a large number of fender-benders and spinouts during the rain storm. this is video from marin county and the golden gate bridge what

you saw a few minutes ago. while the heavy rain may have let up for a while, another powerful storm is due to hit the bay area christmas day. with details on that, we go to our meteorologist mark tamayo. >> that storm system for christmas day is verying o ffshore. that will -- is developing o ffshore. right now we have lingering rain totals. these are the totals -- >> as far as the storm system itself on the satellite and radar you can see it moving through the region earlier this monthing -- this morning and then offshore, not a lot h appening but on the left portion of the screen, we see the clouds associated with the frontal system that will move i n. as far as right now, you will see a little bit of activity in the east bay, city reports of a few sprinkles or a few light showers even right around the bay but nothing significant. we'll gradually scale back with

the showers for tomorrow. but coming up we'll have much more of the timing of that saturday storm with rainfall totals and wind expectations as well. that's coming up in a little b it. heather? >> thank you, mark. if snow puts you in the holiday spirit, you might want to head porta o, this is what it looked like on inter-- to tahoe. this is what it looked like on the interstate. there is a winter weather advisory in effect until 4:00 afternoon. the snow is tapering off and chains are not required on 8 or a -- on 8 a or 50. relentless rain appears to be easing up in southern california but authorities are warning that the threat for m udslides continue. those who refuse to leave have to sign behaviors, releasing the county from liability.

>> if we fine the form, that's fine. i should still be able to get in and out of my property. >> in downtown laguna beach, m udslides are blocking roads and access to some homes. at love -- at least six people had to be rescued. take a look at this video from northern arizona. floodwaters so powerful that as many as four homes have been washed away. officials may be in jeopardy. that'sary-- there's also massive rain and. the weather is causing d elays again today. weather problems here and across the country have been creating delies all week. the average delay at sfo is about 40 minutes. oakland is not reporting any

problems. but in san jose, flights to southern california are being delayed up to one hour because of the stormy weather down there. our channel 2 website, k tvu.com, has tools to help you with the storm. a short while ago, an assemblyman introduced legislation to ban minors on party buses. jade hernandez has more. >> reporter: good afternoon. it was less than ten years ago that brett studebaker attended elementary school here. he died in an alcohol-related crash. he was only 19 years old. the accident did not have to happen. >> hi. hi. >> reporter: the studdy bakers comforted one another as they

stood in front of a plaque h onoring 19-year-old brett who won't be sell rating any more -- celebrating any more holidays with them. >> we hope this brings the prevalence of this problem. >> reporter: a problem, on a booze cruise, drinking on the bus for hours. >> he was dropped off at 2:00 a.m. , basically to fend for himself. he got in a car to take a friend home and then minutes later was home. >> reporter: today, jerry hill officially announce the legislation making it m andatory -- announced legislation making it mandatory that they take the same action that limo drivers do.

>> meaning they check i.d. and are told if they are underwage and drink, the trip will be terminated. it's a bus for nowhere. they will drive around for three hours with no destination and brick them right there -- bring them right there in the parking lot and the kids get in their cars and drive off. >> we hope to save other people from going through this trauma. we hope to protect young lives. >> i hope this touches a lot of people so that this is brett helping other -- helping other students. >> yeah. >> reporter: if a party bus operator is caught in violation of this new peace of -- piece of legislation, the first offense is $2,000. the second offense could mean a temporary loss of license and a third offense could mean the loss of a business, maybe even a misdemeanor. in-- jade hernandez, ktvu channel 2 news. >> thank you for more on that new bill, jade. president obama says thousands of gay americans will

no longer have to live a lie as they serve the country they l ove. >> so this morning i am proud to sign a law that will bring an end to don't ask, don't tell. [ cheers ] >> the temperature of signing was held -- the ceremony of s igning was held and it will fulfills the campaign pledge by president obama. >> that's why i say to all americans, gray or straight, who want nothing more to defend this country in uniform, your country needs you, your country wants you and we will be honored to welcome you into the finest military ranks the world has ever known. >> there's a 60-day waiting period. more than 13,000 people were discharged under the 17-year- old policy. among the legal questions raised by the historic signing

what to do about pending expulsion hearings and people that were ousted but would like to rejoin. sources say democrats and republicans have reached a deal on healthcare and economic aid for first responders and survivors of the 9/11 attacks. they say the compromised bill provides $4 billion. that's $2 billion more than proposed by two senators. this just in from washington, d.c., the senate has ratified a nuclear arms treaty with russia. that comes after 11 republicans joined democrats yesterday in a vote to bring the measure before the full senate today. after the senate this morning, approved two amendments to the legislation accompanying the treaty. one would address the financial impact, the other does not prevent the united states from building a missile system. >> people are being told to stay away from some bay area

beaches. coming up next, we'll tell you where and why. >> a plane runs over a man in the east bay. but this story has an amazing ending. and mark tamayo is updating his commuter model right now. he are join us -- computer model right now. he will join us in a few m inutes. also a long line in richmond this morning

at least two chicago firefighters died this morning when a wall collapsed while battling a fire on the south side. 14 other firefighters were injured, listed in critical to serious condition. homeless people were living as squaders in that building. today's fire comes on the 1 00th anniversary at chicago's union stockyard that killed 21 firefighter. an oakland man is in the hospital after being pulled from beneath a train near jack lon it done square. it happened around 3:40. the man who was in a wheelchair somehow became twinned -- pinned under a train. firefighters were able to pull the man out using the laws of

life. they say the man was talking and conscious during the rescue. there's no additional information on his medical condition. the family of a bicyclist struck and killed by a rig big near portola valley has filed a wrongful death lawsuit against the driver. the chp found that the driver was not at fault but noted he had been involved in two other fatal collisions. he also was cleared of responsibility in those crashes. the city of oakland this morning announced lawsuits against hotels officials say are being used for centers of prostitution. city attorney john russo joined nancy o'malley in announcing the suit. the suit seeks to shut down the three hotels. the economy inn, the stage hoe medical -- motel, and the national lodge. other operators of motels

and hotels should pay very close attention to what the city is d oing now, because these are just the first, not the last that we intend to file. >> district attorney o'malley has received a $00 -- a $300,000 federal grant to fight this. three san mateo beaches are closed this noontime. partly due to the rain. during the past hour, health officials reopened rockaway beach in pacifica but linda mar beach and pacifica remains c losed as well as lakeshore and aquatic park in san mateo. heavy rain sent gallons of sewage overflow in streets and creeks causing bacteria contamination. weekly tests conducted revealed unsafe contamination levels near the sore. it's unknown when the beaches will reopen. let's get a first check on our weather with mark tamayo. a slight break in the rain but boy, things are gonna pick up soon. >> that's right, heather.

the next storm rapidly d eveloping offshore. that will be a factor for the weekend. at least for today, we have t his -- lingering clouds over san francisco bay. in fact, dense fog showing up as well. the fog will be our primary concern over the next 48 hours. right now, the heavy rainfall still focused to the south, down toward southern california. here in the bay area, a little bit of activity to show you, but not a lot. we could have a few sprinkles, light showers. this would -- this will be the case in the short-term for the possibility of a few lingering showers. we had the rain early this morning, the significant rainfall. thursday and friday, there was a dry weather pattern. the weekend rain returns and also some gusty winds. as far as current numbers can you see in the 50s. spay-- san jose, 59. santarosa in the mid-50s and 55. look what happened earlier t his -- early this morning right around 1:00. we had the heavy rainfall. the main action is heading out

to the east and -- for thursday and friday. high pressure returns with that dry weather pattern. watch out for the valley fog for thursday and friday morning. it could drop off your visibility out in the pacific. this will be a factor this weekend with rainfall developing developing this weekend especially by saturday afternoon. saturday morning not a lot happening but as we head into the afternoon we increase the probability for the rainfall rates. we have the possibility of a light shower and sprinkle. but by 10:00 tonight probable a few -- probably a few showers. the weather advisory is in effect for the sierras until 4:00. snowfall has been take -- has been tapering off. here's the plan for today at 3:00. 57degrees. still the possibility of a shower. 6:00 this evening, mostly cloudy skies, watch out for the fog and then by 9:00, partly cloudy skies, temperatures this

evening at 9:00 in the mid-40s. here is a look a -- here is a look ahead to the five-day forecast, fog first thing tomorrow, increasing clouds throughout the day on friday and there we go with another rain cloud by saturday and rainfall likely into sunday, especially for the morning hours. heather, these breaks are very important. it looks like we're heading into one tomorrow and friday. we just have to take advantage of that but get ready for another one on christmas day. hundreds of people received holiday gifts and food in richmond this morning. it was all part of a giveaway started by a man who was once down and out himself. but who now tries to help those struggling to get by. kraig debro has our report. >> for more than two decades, this program hoose given away toys and food to the needy, seeing the excitement on a kid's face never seems to get

old. >> you never know if it's gonna be a puzzle -- it could be anything. >> smiles on their faces. >> merry christmas! >> people who lined up at early as 2:40 this everyone mooing, waited nearly six hours for the door to open. each family get as sack of toys, a grocery bag, and frozen food for later. the man who came up with the idea to help families celebrate a traditional december, know what it is like to be needy. >> we were given food on our doorstep. >> and he is still giving. there are some indications that the economy is getting better but the -- but the organizers of the event says he doesn't see i t. in fact, he says some of the people donating toys last year are in line to

receiving them this year. now they are serving more than they ever have in the past. >> we're able to now today hand out 1500 families. >> with 150-plus volunteers hand out the goods to families. the one we spoke with said giving is receiving. >> seeing everybody walk in in the cold and walk out with a huge smile. volunteers say they hope the world changes enough in a year to eliminate the need they see here today. in richmond, kraig debro, kraig -- kraig debro, ktvu channel 2 n ews. some needy families are in the midst of a shopping spree right now. the salvation army's toy and joy shop is open. more than 1800 people are p icking out toys. the food is free.

preregistered clients arrive at their appointed time and are assisted by a shopper. you can still donate to give items and toyotas to people in need. go to the home page of ktvu.com to find more information. coming up next, a closer look at wall street just ahead for you. also, it was a very big day for a giant, giant lizard at a bay area facility.

faking a live look --

taking a live look at how things stand right now on wall street. stocks rising modestly. the s&p 500 is on tract for a fifth consecutive day of gains. the dow gained more than 20 points. actually-- yeah, about 20 -- 20 points after hitting the highest level since august of 2008. the california academy of sciences was showing off the latest fit to its rain forest exhibit. a giant -- latest exhibit to its rain forest, a giant lizard. it weighs about 14 pounds and is three feet long. now, these animals are found in asia and live on rodents, fish, frog and other small animals. coming up on the news at 5:00, merchants and residents in oakland's china town, well, they say their community has been hit by vandalism and other crimes. find out what they are doing to beef up security at a popular

center. and find out which video game is the most popular. that's the 5:00 channel 2 news at 5:00. hope you will join me then. have a wonderful day, everyone and we'll see you back here at 5:00.