with the unneutered male pit bull near by. the man put the dog in the backyard but it got out and charged police who then shot and killed the dog. we have crews in pacifica right now and we will update you on news 36. a man has been charged with murder three days after a 4- year-old boy was killed bid a stray bullet. rob roth live with the latest on the man suspected of pulling the trigger. >> reporter: bernard could be charged for murder if fond to have shot and killed nava. >> we have filed charges in allegations that he personally used a firearm and that in the course of using that firearm he inflicted either death or serious injury. >> reporter: police arrested denrard in pittsburg on tuesday

and has been in jail ever since. denard road to 64th avenue and began firing. one bullet struck carlos nava as he sat in a toy car. >> we believe this incident is gang related. we do believe that it was as a result of conflict that has been in our city for a while. >> reporter: court records say one of the victims in this shooting identified the driver as the car and another victim identified denard. denard denies any involvement in this shooting. monday's violence has sparked outrage in the city. >> the proof is in the pudding. maybe the last of young carlos will wake people up. maybe the loss of young carlos at 3 years old of his innocence will wake this city up. >> reporter: denard has three prior felony con vices. in 2004 he beat and robbed a man at gunpoint. he also is convicted of gun possession. investigators worked for three straight days with little sleep

and police say they are still looking for one more suspect in the case. reporting live in oakland, rob roth, ktvu channel 2 news. ktvu today spoke with one of the two men shot during monday's drive by. the victim gave a chilling account of the moments leading up to the shooting. >> when i saw the car pulling up, half of the dude's body was out of the car with the gun in his hand. the door at the car was stopping him from falling out of the car. a black dude with dreads that's all i seen and i got low. >> reporter: robert hudson says besides what police say he was not the gunman's target. he also says he is not a gang member and was simply walking down the street that day. complete coverage of the city that killed the 3-year-old boy continues on ktvu.com. he walk into the courtroom a free man, but tonight the man accused in the hit and run accident that critically injured a young baseball fan is

back behind bars. ktvu's ken pritchett is in the courtroom as the victim's family watched the man walk in in handcuffs and walked away. >> reporter: vargas was taken into custody after his attorney denied the charges against his client. department nine at the san francisco hall of justice no cameras were allowed in the courtroom. this is a sketch of anthony vargas before the judge. vargas was clean cut in a suit, a far different imagine than at the night of his arrest when police say he failed a police toxicology test. >> i don't think he's a danger to the community. he's never been arrested before, he doesn't have a record. this was not an intentional act, this was an accident. >> reporter: vargas ran a red light and hit ryan white and his aunt as they were crossing

mission street after leaving a phillies-giant's game. white's family says he's slowly improving and speaking after suffering critical injuries including brain trauma. >> at this time i ask that your prayers stay with ryan white. >> reporter: vargas drove to his apartment where he tried to evade police. vargas' family was tearful in the courtroom and said nothing as they left. but their attorney offered this -- >> vargas is distrout. he is hopeful that white will make a full recovery. >> reporter: the 9-year-old victim is from philadelphia where his family hopes to relocate him after he recovers from his injuries. a judge has ordered the man charged in the fatal shooting of a community activist to be held at napa state hospital. last month 58-year-old gregory

arms was found incompetent to stand trial for the murder of davis lewis. elon is accused of killing lewis in a parking lot of san mateo's hillsdale shopping center. he will return for trial when doctors determine that he is mentally competent. palo alto has reached a tentative agreement by a man tasered by police in 2008. anthony says police pulled him out of a van, police say they tasered him when he resisted. a court ruled that police acted illegally because they had no probable cause. the latest seesaw streak on wall street ended today with a surge. traders were encouraged by news that the number of people filing for unemployment benefits dropped below 400,000. economists say that suggests lay offs have eased. the dow gained more than 437

points the nasdaq soared 111 points. wall street saw a boost. cisco reported increased orders for switches and routers. despite the increased revenues cisco confirmed to ktvu this afternoon that lay off notices went out last week to 1,020 workers here in the bay area. you may recall that last month cisco announced a plan to lay off 6,500 employees worldwide. other bay area companies have already been hit hard by lay offs, more than 400 people lost their jobs at state farm at roner park last month. 125 jobs were cut at tickets.com in concord in may. some job seekers though found what they were looking for in the job fair today in san jose. this fair was targeted at the

long term unemployed. organizers at the santa clara social services agency say more bay area employers had jobs at hand for this event. some companies were actually hiring on the spot. we talked with one new hire. >> yeah, it's hard to find a job because there's a lot of people and yeah it's been hard. >> another fair attendee told us he has a job interview tomorrow. mortgage rates have hit a low for the year. freddie mac says the average rate for a 30 year fixed rate mortgage is just over 4.3%. that's close to the record set for last november. and 15 year fixed mortgages which are popular for refinances are averaging a record low of 3.5%. a plan is under way to create a volunteer jet ski patrol at the bay area's most reknowned surf spot, mavericks. right now jet skis are banned on the san mateo coast most of the year. but surfers say they can be

lifesavers. in january a mavericks surfer was knocked unconscious and rescued by a man on a jet ski. >> if we're waiting for someone to call 911 from a guy that fell on a wave a half mile offshore, it's too late. >> surfersers spoke out today in a meeting of the gulf of the fair advisory counsel there in pacifica. the sheriff's office says the frame work for a jet ski team is in the early stages. the america's cup came under fire today in san francisco. john fowler is live along the waterfront with what activists say are some glaring holes in the city's plan, john. >> reporter: this is aquatic park, imagine if you would a 100-foot tall floating tv screen and no swimming at this popular spots for months. san francisco's waterfront area can expect hundreds of

thousands of extra visitors. >> so far this report dramatically under estimates the impact on the environment and the neighbors who live around that area. >> reporter: actually the report doesn't contemplate crowds here at coit tower, really? can you imagine a better place to watch a sailboat race that's right here. >> this is a prime spot to watch the race, no doubt. >> reporter: there's nothing on how to control crowds, pick up litter or provide facilities. also nothing for boats or speed limits to protect marine mammals. >> does not go far enough to protect the bay area's air, water, and marine life. >> reporter: just some of the issues in this afternoon's planning commission hearing. the city says it's listening. >> we need to take those comments into account and put together the right kinds of responses so i think the reasonableness lies in their willingness to work with us. >> we're hoping they will continue working with us to keep this plan in place.

the city plans a final eir in 90 days. and to spend $100 million in mitigation. but the port needs 39 million just to cap leaking sewers. the race is in 25 months. reporting live in san francisco, john fowler ktvu channel 2 news. also in san francisco candidates are up against the deadline tomorrow to file to run for mayor. today three more people entered the crowded field. former supervisors devean dufty and hall as el well as ruiz. >> i'm running because i believe we need to serve the people in san francisco. >> i'm the only independent in this race. the only one running against the status quo. >> that's what's great about this race is you can't count somebody out of this race, i think the voters are going to pay attention to everybody. >> reporter: under san francisco's ranked choice voting system, being a second or third choice candidate can

also bring a chance of victory. right above these rails, another set of tracks will be built. we'll tell you how close the b.a.r.t. to san jose project is close to becoming a reality. i'm tracking another batch of fog. coming up the area that could expect drizzle early tomorrow morning. and a temperature change you can expect for the weekend.

people who live in san bruno will join together to mark the first anniversary of the pipeline explosion. the mayor of san bruno says a remembrance ceremony will be held at skyline college. eight people were killed, 38 homes were destroyed and several others were injured when that pg & e gas pipeline

blew up nearly one year ago. the next generation of 911 takes emergency dispatch into the high tech world. palo alto, mountain view and los altos are working together to upgrade their dispatch centers. the next generation means 911 call centers would be able to receive not only calls but pictures and videos from cell phones. dispatchers say that can help police solve crimes that much faster. >> and we get a great shot of what is actually happening. it could be a great tool to just go to the officers. >> reporter: palo alto and other cities are hoping to pay for the upgrade with state money. upgrades are expected to begin next year. the palo alto school district is fully funded at least until now -- the reason is the district listened to governor brown's advice to prepare for no cost of living increase and set aside extra

reserve. mid-year cuts may take place if revenue projections fall short. the revenue projection says close to one in five high school students failed to graduate last year. the state says the number is higher than in previous years but the reason may be because the counting is now more accurate. there is one compareson, more hispanics graduated. education officials say research shows chronic absence from school everyone as early as kindergarten is an early indicator whether a child will end up dropping out later. ktvu's janine de la vega is live with the added benefit of those who may not everyone get on board. >> reporter: we're near the bariesta flea market which is

right next to where the future b.a.r.t. station will be. you see these railroad tracks, b.a.r.t. is going to run above them. it'll be elevated so traffic can go underneath. there's finally money to start building the line. excavators cleared away massive amounts of dirt today in fremont as they build a tunnel connecting the fremont station. soon people will start seeing heavy equipment like this. the transportation commission just gave $50 million to make that happen. >> the b.a.r.t. money is really exciting because this is the first money from the state that's actually going to construction. >> reporter: the money will build 10 miles of new track that will connect b.a.r.t. to fremont. the line will then continue to the station in north san jose. in order to connect the rest of the lines to b.a.r.t., kilo

road in fremont needs to be reconfigured. >> the more of these projects come out the more jobs it creates and the more opportunity. >> reporter: silican valley is expected to create 65,000 jobs annually. besides construction an transit jobs, spurring the need for more housing and business to be built throughout the track. >> for every dollar invested in the project they anticipate four to $10 to come back to the area. >> reporter: right now contractors are bidding on the project and actual construction is expected to begin early next year. the two stations in the south bay are supposed to open up in 2018. reporting live from san jose, janine de la vega, ktvu channel 2 news. more details now on the other bay area projects getting funding from the state's transportation commission. nearly $72 million will go toward extending car pool laneless. on interstate 880 between milpedas and san jose.

the commission will provide $85 million to construct merge lanes from lanes from palo alto to mountain view. the court issued a state of the budget law that takes $1.7 billion away from those redevelopment agencies. san jose is among a group of cities fighting that law they say it violates prop 22 which voters passed last year. that law blocked the state from raiding local tax coffers. a bit cooler today across most of the bay area as you can see behind me a big bank of low clouds and fog regrouping offshore. and as you can see we'll come in a bit tighter. hugging the coastline from point ray, a little bit of clearing from stinson beach, salinas and a few patches there. pacifica, daley city there we

go with that overcast already moving toward oakland. tomorrow morning we could see sol drizzle. that will be a repeat performance as we go into friday morning. santa rosa pretty chilly there, livermore 54. we could even see patchy fog for your saturday morning. for your friday, a little bit cooler across the bay area after plenty of overcast to start the day. as we do take this into the weekend, no warm ups in sight. this area of pressure moves to the north. with that more fog and minor cooling especially as we head into the second half of the weekend. inland neighborhoods only approaching the lower 90s. 50 to 55 degrees. still plenty of clouds out there. upper 50s, 60s, maybe a few neighborhoods inland approaching the 70s. by 4:00 there's the eventual temperature range with the beaches still on the warmer

side. warmest locations inland approaching the low to mid-80s. richmond 66, right around the bay for oakland in the upper 60s. warmest locations right around 85 to 86. san jose mid-70s. and these temperatures will check in around 3:00 or 4:00. san francisco on the cool side with the skies bebecoming partically cloudy downtown. a forecast high of 63. here is a look ahead, your extended forecast with your weekend always in view and temperatures cooling off just a touch for saturday and also into sunday with plenty of overcast to start off the morning. gradually pulling off to near the shoreline. cooling will continue into next week. healther and frank the long range forecast we could be watching some warmer temperatures. we'll keep an eye on that chance. farmer's markets are turning out to be a bright spot in the state's economy. the state of agriculture says

california had 729 farmer's markets last year more than in any other state. that's a 26% jump from a year before. the state says it's working on ways to help those vendors accept the new food stamp debit card so that more bay area families can have access to fresh fruits and vegetableless.

the stage is all set tonight for the outside lands festival in san francisco's golden gate park. today crews set up instruments for some of the 90 bands that will be performing over the next three days including fish and erica badu. besides all that music, there will be more available than in years past. are you ready for some football? there certainly is a lot of excitement about the season that almost wasn't. our fred inglis is in oakland. >> reporter: this is going to be an exciting night even if it's only going to last a quarter when the starters get to play then they'll have try outs for the rest of this ball game. but both teams right now are on the field here at the coliseum. as you can see the arizona

cardinals right there in the red and white. but what they're waiting for are fans. you can see how sparse it is yet here. kick off is set for 7:00 p.m. but it doesn't matter whether there's going to be six or 65 people here it's not going to break the spirits of new head coach hugh jackson. hugh jackson has never been a head coach on any level before but he has more than 30 years of experience as coach. he is full of confidence and enthusiasm. hugh more than doubled the point scored from the previous season last year. so that kind of served as an audition tape for hugh and now for his new position he's more than ready and tonight is the next step in the process. >> it's fun. trust me when i tell you this is my dream. you know but dream becomes a reality but now the reality becomes work. and i have to turn this work into something special but it's been a lot of fun. we're going to build a bully, we expect to win and we're going to win and that's exactly what we're going to do.

>> who's the best bully out there? >> you're looking at him. no i think we're all trying to figure that out at this point now. it's a physical sport but you know, we're definitely read did for it. >> reporter: yeah richard seimore expected to see a little bit of action tonight. the kick off is 7:00 p.m. but because it's not a sell out we cannot air it until tonight at 10:00 p.m. other news today the pga championship the last major in golf, steve stricker is now leading as shooting 63. he leads by two over sherry kelly. how about tiger woods. tiger today shot seven over 77. that is the worse first round in a major tournament ever for tiger waordz. a bit -- tiger woods.

we'll have complete highlights of this game and others tonight at 10:00. >> thank you, fred. coming up on bay area news at 7:00 on tv 36 as we just saw there football is back with the raiders opening their preseason tonight. so will it translate into more fans in the seats this year? we're going to look at that question coming up in 30 minutes on tv 36. >> and remember ktvu is always on online. log on to ktvu.com for your complete guide to outside lands. we got the schedule as well as a map of the festival. just look under the local music tab.

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