. this is ktvu channel 2news at five. >> good evening. >> i'm heather holmes. san francisco's police department tonight needs a new chief. the sudden opening after police chief was named today as the city's next district attorney. john is live now in the city with more on the political musical chairs. >> reporter: i'm standing outside the hall of justice where the third floor has a news boss and the new da needs

to move everything down two floors from the office the police chief. a rare sunday news conference inside city hall brought out a who is who of san francisco government. they came to see the out going mayor introduce the interim da who started off advicing the mayor on his choice. >> as i was listening to him it became clear to me that he was the choice. >> reporter: he was the city's police chief from 2009 until this afternoon. the he is now the first latino da. >> i believe i can offer something to this role that will be unique in having the understanding of policing. >> reporter: one big difference between his administration and the former da is that harris refused to seek death penalty even in the case of a cop killer. >> i'm not opposed to the

death penalty . >> reporter: he will be working with the public defender. >> the challenge that we face right now is that we have less resources. we are seeing our case loads explode, the work loads increase higher. we are going to have to work together. >> reporter: the president of the board of supervisors is pleased with the choice. >> i can't think that anyone doesn't believe that he has great integrity. he knows what it is to up hold justice and he has a great depth of experience. >> reporter: he said he will run for re-election in the fall. his replacement with the police is now acting chief. live in san francisco. >> as john said the chief became the chief in 2009. he was the first outsider to get the job in more than 30 years. before that he was the chief of police for the mesa arizona department for three years.

he joined mesa after serving as the assistant chief in los angeles. that's where he started his career back in 1978 as a street officer. he is also an active member of the bar association. we have more details on the surprise appointment today. just log on to the website at ktvu.com. >> now for the latest on the mass shooting in arizona. gabreille giffords remains under heavy sedation . we have a reporter in tucson when will get to him later in this newscast. >> the mystery of a person of interest who was sought yesterday has been solved in that shooting. the man was the suspected gunman on a security camera has come forward. that man came forward today.

he was the taxi driver who brought the suspect to the shopping center where the shooting happened. the two of them went in to the safeway because the suspect in the case didn't have the correct change after getting the money the two walked out together and separated so that man authorities were seeking as a possible second person of interest in the shooting in arizona is not believe believed to be connected. the youngest victim of yesterday's killing was just nine years old. christina taylor green wanted to learn more about government. she had just been elected to her school student council. she was born september 11th 2001 and was featured in the book faces of hope, babies born on 9/11. her mother gave a heart breaking description saying she was excited about life. >> another note about her, she is also the granddaughter of

former philadelphia phillies pitcher and manager dallas green. five others died yesterday in that shooting rampage in tucson. they include a district judge who was 63 years old, gifford's aide also died, gabe zimmerman, two others were also killed as was phyllis sheck. >> and the president signed an order for flags to be flown at half staff in wake of the tragedy a. round the capitol flags were all at half staff in honor of those victims. that included a federal judge and a congressional aide. they are remain that way until sunset on friday. protocol calls for them to be raised for -- to the top for a brief moment and then lowered again to half staff. the president is also calling on all americans to observe a moment of silence tomorrow to honor those

victims. he plans to do so with the white house staff on the south lawn. a statement from the president said the moment of silence will let people come together in prayer or reflection. it's scheduled to take place for 8:00 a.m. pacific time and at 11:00 a.m. eastern. >> a healing service was held in the tucson church where gabreille giffords attends service. she was married in the reformed jewish temple to an astronaut. she is the first jewish woman to represent arizona in congress. you will find continuing coverage of the shooting on the website. >> in other news gun violence darkened a nightclub and tonight the search is on for the suspects who shot and killed two people there. is more to the story. we are live with new details about a third victim that was found just this morning and we will be getting to her in just

a moment with more on that. moving on we want to tell you about san francisco police right now they are looking for three suspects in connection with two stabbings outside a south of market nightclub. they say those victims were involved in some sort of altercation with the three suspects around 12:30. at the temple nightclub on huard street. they were stabbed several times. their conditions tonight are unknown. >> you may see that we are having a few technical problems getting our video out to you. we will take a quick break and be right back.

. a high school student is dead after yet another shooting in a troubled part of oakland. paul chambers is in oakland with details. >> reporter: where i am is where the shooting happened last night and it's across the street where the police shot and killed a person in november. the families come together in memorial asking for people to stop the crimes and the violence here in oakland. he would have turned 16 next month. the young man's sister said he wasn't the perfect child, he had previous run ins with the law but was working to improve his life. one that was cut short when he was shot and killed outside this supermarket. news of his death is taking a toll on the family who lost

another relative last month. >> he walked me down the aisle to see my cousin in the casket. who will walk me now? >> only 15 and now they took him and it hurts. >> reporter: she said her brother was going to meet up with a friend last night but the next thing she heard he had been shot. police say around 5:10 he was walking across this parking lot when he was killed. they pronounced him dead on the scene. >> nobody wants to see their son six feet under. we want to see him alive and walking. we can't do that no more. >> reporter: we counted at least three cameras outside the market but the manager said they don't work. friends of the 15-year-old claims they were told a different story. >> what about the hard drive he was like we have to ask the police officer to look at this -- everything i'm like we won't be able to and he was like no. >> reporter: now police haven't made arrests in the case and don't have a description of the

shooter. if you know anything about this case you are asked to call the police and once again the family has come together in a memorial asking for people to stop the violence in the streets. live in oakland. >> a decision is expected this week on a controversial dog leash law at some north bay beaches. the area is set to release a plan that addresses how dogs are controlled at beaches and more than a dozen sites. no details are being provided but officials aren't looking to ban dogs completely. pet owners argue their dogs need space to run free but over the years there have been complaints about them going on sensitive habitats and aggressive dogs attacking people and smaller animals and scare children. >> when the next lieutenant governor takes the oath of office it'll be a proud father

and son moment. his father will give the oath at 1:00 p.m. tomorrow in the senate chambers in the state capitol building in sacramento. >> the governor tomorrow is set to reveal his proposal to address the state's budget deficit which could top $28 billion. the governor has not offered any specifics on his proposal however budget insiders say they expect him to propose many of the same deep cuts to services such as health care and welfare that were backed by the past governor. they also say governor brown may propose a special election for this year with ballot measure that would raise taxes to stop deeper cuts . >> the price of gasoline is up about 11 cents a gallon nationwide in the past movement it's not as steep here in the bay area. in san francisco regular runs about $3.40 a gallon. that's up eight cent from a month ago. it's about $3.35 in san jose and in oakland it's up 10-cent

a gallon to 3-dollar approximate 35. let's check in with mark who has the first look at the weather. > >> yeah. yesterday we had the low clouds and fog. today the clouds pulling back to near the central valley, letting mostly sunny skies return to the weather picture. right now i can show you the live storm tracker two. the fog bank, approaching fresno and bakersfield. the bay area we had mostly sunny skies, few high clouds but with the northerly winds in place temperatures have been on the cool side. the winds have been clocking out of the northeast over the past few day, the off shore winds, today they have weakened and the low clouds and fog not much of a factor but overnight i expect some patches will reform in typical locations, up toward santa rosa and around livermore as well. current temperatures across the

state it's 45 degrees in eureka, lake tahoe 28 and san upper 50s at 58. we do come back home here say look at some of the current numbers. chilly and quite a few 40s in santa rosa, mountain view, haywood 48 degrees with a cold evening in play, that will set the stage for a very chilly monday morning. we will get to the lows in a benefit. here is the forecast in the short term. it's 6:00 temperatures from 40 to 45 trees with mostly clear skies, 45 minutes from now -- at 8:00 you can see this, temperatures dropping down into the upper 30s to the low to mid40s with fair skies and by ten that downward trend continues. patchy fog could form, start developing in some of the inland valleys. here is a look at some of the projected lows. first thing tomorrow morning we are talking about subfreezing temperatures in a few anybody hoods, a few mid to upper 20s for napa and santa rosa,

livermore around 28 degrees. san jose 34, oakland pretty chilly with the 30s, 34 degrees and san francisco right around 40 degrees for tomorrow morning. for santa rosa the spot forecast. patchy fog and frost as you cane the temperature timeline throughout the day, at 7:00 28 degrees, 12:00, 41 and 3:00 it's 51 with partly cloudy sky, the high cloud from the pacific. there is the weather system you can see developing off shoret. will be dry tomorrow. as we head into tuesday we have rain chances and more details on the possibility of rain on tuesday and another rain cloud showing up in the five-day forecast,ly have more on that coming up. >> all right. thank you. stay with us. we will be right back.

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. now to the gun violence at a san jose nightclub last flight and the search for those responsible. we have been following story all day and we are live with information about a third victim found just today. >> reporter: heather it's quiet now but last night it was a scene of chaos on 13th street when shots were fired. the violence didn't end here. police were surprised to find more blood shed this morning a

couple blocks away. police spent the morning surrounding this black suv parked on 12th street. on the backseat was the body of a man in his 30s. it's believed his death is connected to the violence that erupted inside the club at around 8:30 last night. there appears to have been a shoot out between a group of lasano men. >> latino men. >> we ran out and i guess they had one guy on the ground. >> reporter: when officers arrived two men were dead and a third was laying on the ground suffering from gun shot wounds. >> quite a bit of violence, chaos -- that we needed to sort through and figure out what took place. >> reporter: police spent last night interviewing witnesses and determined that two hand guns -- a motive 12 hours later, sunday morning. someone walkinneighborhood behi

spots a man's body in the suv. police believe the deaths are connected based on witness statements. >> we don't know if they were all victims, we don't know if there is an association, we don't know if there were some suspects or victims. >> reporter: people in the neighborhood hope police solve the case quickly. >> it makes me feel uncomfortable. it's sad,. >> reporter: police say it's to early to tell if the shooting is gang related or if alcohol played a factor. we tried getting in touch with the management at the club but their number was disconnected. reporting live from san jose, ktvu channel 2news. >> the government of ice land is pushing back tonight against a united states investigation into wik. >>announcer: leaks. they are pressuring a member of the government to hand over her

twitter feed. they have demanded a meeting for what he terms a possible violation of free speech rights. the website is being investigated after it published thousands of leaked documents. >> in the world tonight in iran a passenger plane broke apart as it made an emergency landing during a snowstorm in the northwest part of the country. of the 106 on board 71 were killed. the others reportedly survived with light injuries. the 727 was operated by iran air. reports say the pilots radios about a failure but it's not clear what the problem was. >> ? southern sudan voter was lined up to vote on if they should create a new nation breaking the north. they are desperately poor but oil rich. 87% of the population can't read and during a two decade long civil war about two

million died. the vote is scheduled to take a week and the president of sudan agrees the mainly christian south will secede from the muslim north. in east jerusalem bulldozers destroyed a hotel. they plan to build 20 apartments. the destruction of the hotel is being denounced by palestine. the secretary of state said it's a disturbing development that under minds the peace efforts. . >> a new study out today predict that smoking could disappear by the middle of the century. the research is based on declining rates in britain. in the 60s just over half of the adults there smoked. now it's down to one in five. currently here in the united states only one in five americans light up, that's down from almost one in four a decade ago. if the trend continues there

may be no smoking in 30 to 50 years. an aids prevention group in new hampshire is no longer welcome in a school district there. the ban was put in after the group handed out a safe sex kit to high school students. nicole jacobs has that story. >> reporter: controversy boiling over. >> some of the things were a little bit questionable i guess. >> reporter: because of a sex kit gave out by aids services during the month of world aids day in early december. it went with a quilt in memory of those affected by aids but the kit came complete with condoms, candy and lubricant, in cases flavored. >> what does that have to do with preventing aids? >> lubricant is lubricant whether it's flavored or most. >> i'm shocked that this happened. >> reporter: sex items is a bit much.

>> it was about aids, not about safe sex. >> reporter: administrators were blind side by the sex kit and put a stop to it. let the children in, let them look at the quilt and have the grace to shut up. >> reporter: the executive director of aids services said not so fast, they received priori proval. >> the vice principal picked up the kit, looked at the contents. >> reporter: in fact she said this e-mail shows the go ahead. >> here is the copy of the memo from the vice principal saying it was a team decision to hand them out. >> reporter: the misunderstanding if one considering it that has led to the ban of aids services here. >> the fact of the matter is we had permission, we did what we have been doing for the last ten years. >> we are talk about high school. at the moment that you introduce safe sex kits nobody is thinking about safe sex. >> reporter: nah was nicole

jacobs reporting. the aids services spokeswoman said she hopes the controversy will prompt a more open dialogue about safe sex. >> it'll be chilly tonight around the bay area. mark has another look at the weather. >> that's right. temperatures tomorrow morning, the coolest locations like we showed you, santa rosa, napa in the upper 20s. here is a look at the overall weather story. patchy fog and cold for tomorrow. keyes partly sunny, we bring in the chance of showers on tuesday. after that cold morning a few high clouds will sweep in during the afternoon and those associated with the next front albuquerque system. frontal system. lue see a few high clouds tomorrow and into tuesday morning just a little bit of activity at 7:00 and by 12:00 and then by four and five we could have a few sprinkles, few light showers, most of it in the north bay.

by 12:00 we should have 40 to 48. then high clouds with temperatures in the low to mid50s during the afternoon san francisco 52, san jose 54 and morgan hill in the mid50s. a few light showers on tuesday, once again the best chance for the northern half of the bay area. scattered clouds on wednesday and the chance ever a few showers by thursday. >> thank you. >> thank you everybody for joining this shortened version of the 5:00 news. >> tonight at ten we will have more on the situation in arizona as well as the new da and police chief in san francisco. see you at ten. good night. >> goodnight.

not again. eve"y day@this week. if i find omt who n.r.p. is, i'll let him ave it. hurry up, norm. hey, norm. listen, i know tat the n.p. stands for norm peterson. what's the "r" std for? "resourceful." ♪ sometimes you wanna go ♪ ♪ where everybody knows your name ♪

♪ and they're always glad you came ♪ ♪ you wanna be where you can see ♪ ♪ you wan go where everybody knows you2 name ♪ captioning made possible by paramount domestic televikion

i'll be darned. what's that? well, i says hre if you walk with a quarter wedged between your knees your posture will be a lot better. give me a couple o& bits there. tell you what, cliff... here's a buck to not try it.

fair enugh. wat's the mattr? it'k from lilith. oh, that's awful. what? wha's awful? "dear fra3ir, "life in the eco-pod is wonderful. please start divorce proceedings." our marriage is... made inh%aven? i'm sorry to hear that. oh. thank you, sam. divore. lilith wants a divoce. you know, i know we've been separated and i've been saying some pretty bitter things, but i guess deep down in my heart ofearts wan( (o talk about it, make yourself feel a lile bett%r?

i appreciate what you're $r9ing to do, but, 5h, i think i'd just, uh... rather be aone ght now... how i'm going to cary on now that i know that lilith is never coming back. boy, oh, boy, that must be rough. but i remembyou referring how depr to the time your other moved@to flrida when you were 37 years old? it still hurt. i've never seen him so sad. he's always thereforuk, always helping uk out. what can we do to heer him u oh, ve got it. we'll throw him party. what? a divorce party.

maybe it'll brighten his day. we'll have it for him tomorrow. whose wife just left hi? that seems ki of stnge. mak%s perfect sense to me here he comes. what do we yell? just yell "surpáise. surprise... surprise... o.k., i think i got it. ♪ for he's a jolly, good fellow ♪ ♪ for he's a jolly, good ellow ♪ ♪ for he's a jolly, good fellow♪ ♪ which nobody can deny ♪♪ is th)s for me? d you like@it? it was myidea. they fought me at every tu"n. everybody, let's lift our glasses d toast frasier's newfound freedom.

yeah! woody, you havi aeer? y no i can handle my alcohol. plus wewre ou÷ of chocolate milk. i want to make the first toast to frasier. lilith stinks! i don't want this to degenerate into a "bashlilith" party. what's done is done it's time i got over it. then you won't like what we did to the da"t board. yeah! whoo! yay! ho! nice shot. i've got onet home. yeah, yeah. whoa. oh. ho.

woody, exactly how many beers have you had, young fella? woody, exactly jus, one...ers mom. you never know how liquor's going to affect you. sometimes you get depressed. ⌞ som%times you get giddy. when you going to get off your but, and get a job? sometimes you just get brutally honest. i'm not good with words, so i'll let this the talking. [stripper music plays] cake! cake! yeah! the world of the exoti# dancer-- a little sleazy if you ask me, almos as sleazy

ha ha ha! i, uh...i must look like a cliff. uh, excuse me, miss. could you mov% the veil? yu're kidding, right no. you see, swee$heart, over the years, our p"iorities change. yeah? how so? hey, there... miss krapence. that's mr. krapence. say, woody, why don't you sit down a while? ⌞what's wi4hthis "miss k"apece" stuff? who's been king cracs? i got an ex-wife, you know. whoa. what are yu doing, man? use your head. the guy's in his 40s, not@marriedl always bragging about his sex life, yet h's always here.

it all adds up, sam... would@you guy' do something withim? oh. oh, look at his legs. tey're twitching. i bet you he's dreaming he's chasing rabbits. don't be ridic5lou3, cli&f. rrr-rowf! fáakier, enjoying your party? yes, i am, ver9 much. um,@friends, i just wanted t 3ay thanks. thank you very uch. it's all right. it's nothing. i think it's time@ iwas shoving off.

fáasier, are you going home? well, yes,nd, uh, for putting all this together. are u goig to be all rt? when i drink too much. look at me. i think i'm going to drive you home. oh,@i'd really appreiate thatn i@sent frederick to his grandmtheá's. i donot wan to go home to that house alone. i think lilith made a big mistake. for what t's@wor(h, i think evan drake made a bi mistake. whie@w're at t, so did sam and, uh, martint%al and mark ne'brger. and those are just the ones yu know about.

didn't mind a bit. so, see you tomorrow? uh, rebecca, come in for bit. i'l, me some cofee. sure,o.k. all i've got's instant. instant's fine. come to@think of it, you have a . you never get to talk about yourself. yore a very sympathetic person. you never get to hlp each other.ends do-- you really are my friend.

fras, i think i bette o. oh, god. rebeca, i'm so sorry. uh, th-this-- this s...entirely unintentional.

i, uh...oh, god. i understand what you're táying to sa let's forget it ever happened. rbecca, wait. i've alwaysfound you vry attractive. tank you very much, but i better go. looking@into youá beautiful eyes, i just /anted to... i had to... oh, godq what am i doing? this is not romantic. fier, you'"e my friend. iove known you for years. first sam, now you. who's next, cli&f? now, rebecca, you have to admit ere's alwaysben some... there has? it started the first day you came into the@bar. i head your sexy, there hasmoky voice. i look up and thought, "who is that woman?" r%ally? really.

what did you think when you saw me? i thought... wel, i mean, thruh@the years, you must have foundme a little attractive. oh, come on! as long as we've known each other, the@has@to be some sexual tension. why? it's been pronen scientific urnals. people who stime with each other are you smr? do you want@me to get the book? no, frasier, forget the book. frier, listn to me. you are a very attractive man and you're funny and you're witty and you're very charming and... and you had on these pants, and they made your uns look really cute.

what color were they? i'll put them on. no, fraki%r. my point is that fr all the years i've known you, you have been married, so i just never took notice. w%ll, i'm not marri%d now. he's still out cold. should well, we could. we wake him? we could take him to his house, put him in bed, let him sleep it off. yeah, we could do that. but we're@not going to, are we? no, myood friend, we are not. what we are going to do ge, a pan, myood friend, of warm water, not. put his hand in it, guys, am i the only one here

who's concerned about fasier? i think so. you know, this could be a depressing night for him. we're@his friends. the hand in a pan of waám water-- a stupid camp game? i don't even know who you are, sam. remember the last time he got this uhset? he nded up on a ledge. maybe he shouldn't be alone. maybe we ought to go over with some chips and a pizza. i'll get some vidos or something, right? well, it feels good to do something nice for somebody. we take care of our own better take an umbrella. it's starting to mist. mist?@ oh, man, that r%ally messes up my hair.

and this sweater is sure to pill. now wha( ae goto do? now, áebe#ca,@ you're sure you're o.k. with this? i wouldn't want to do anything to compromise our friendship. yuready to hi, the sa#k? it's right upstairs. yu get some #mpagne. iwll go upstairs dg%tready. right. teyour timeí this is not a drill. [humming do y think i'm sexy?]

oorbell imes hey, there 9ou are. i@di't wantyou to be alon on a night like th. i brought over som three stooges tape we c watch.@ there you go. listen, sam, uh... i know. my hair's all frizzy, but what the heck? you're worth it, buddy. i was thinking out not coming. so here i am. sam, um... i appreciate all this, but... yu know, that you're her in mhour of need. i just wanted to tel you i think i'm o.k. put my head down. i thought--

hey, frasier. fras, sorr about your wife... blah, blah, blah i brought some pi0za. i'm just going t/ dig right in. sam, this is such a wondef(l gesture. i, khows a sensitivity that i h-- jeez, doesn't that hmrt curly's nose? of course it dsí nyuk nyuk nyuk nk. woo-oo-ooh, woo-oo-ooh. got ything to wash this down with? how abt some napkins? sur. i'l ge some. they're, uh... ey're upstairs. 15 minutes or so. [doorbell chimes] are you guys expecting anyone? uh, yeah. norm and cliff. ah. aha! tell him

pizza! beer. norm-mnorm brought ber. no, no,@no. i need a beer. iom@a lttl% thirsty. i'll get you one. it's, uh... it's upstairs. you keep your beer upstairs? in the bedroom. yux (oo? [doorbell chimes] paul! are you alone, o did 9rng some frieds? what's that pposed to mean? nothing. come on in.@ thanks for cheering me up. i didn't come here to cheer you up. i came to say something. everybodyl there's something i got to say. wody mad some commnts. i looked at mysel&. i'm 45 years old. my mothros dad. what am i waitig for? what i'm trying t say is, world-- hey, paul, this is fasir's ni

you mind? you're right, sammy. i'm sorry. i... there any pizza left? i don't think s. just make yourself at home, paul. my, god. is it i'm goingngtside? to go upstairs and close those windo's. i'll probablybe a w. oh, no, no. hold on! no, you don't, buddy. and báood@al aoe by yourself. we're making suáe@y. then let me go upstairs and close the windowsí i beg of you. it's been a long time since i'v closed the windows. they're wide open. lokweade a space for you. you n be the meat

in ou "best friends" sandwich. hey, fras, we got six hours o the stooes for you, man.

o.k., guys, thanks again. good night.

oh, frasier, i'm sorr i must have fallen asleep. what time is it? i'll go downstairs and, uh... sleep on the couch. maybe i should just go. no. you don't hav to go home. you don't have to sleep o the couch. [door opens and closes] frasier, what was that? what was what? i thought i hear a door slam. you don't think they're back? i locked and dead-bolted it. they'd need a key. now, where were we? let's make this a night we'll never@frget.

frasier. lilith! lilith. am i the only one who feels awkward here? captioning perfrmed by the national captioning institute, inc. ½captions copyright 993 paramount pic,ures corpration