a fatal shoot-out during a robbery attempt in the east bay. that is the top story. good afternoon. i'm torre campbell. the attempted robbery of an armored car in pinole ended with the fatal shooting of one

suspect and left several others injured outside the wells fargo bank on fitzgerald in pinole, right next to interstate 80. in a story new at noon, ktvu's claudine wong explains. claudine. >> reporter: good afternoon. a very active scene are you can see behind me fitzgerald drive, it remains blocked off. the wells fargo bank where all this happened is in this shopping center to the left of fitzgerald. just within the last half hour, the police chief held a brief press conference and the latest information is one pinole officer injured, shot in the shoulder, his injuries are not life-threatening. one armored car guard is injured. his status unknown. one suspect is dead and one suspect is in the hospital. the armed robbery happened just after 9 as kevin gilligan arrived to get a haircut near wells fargo. >> i pulled in the parking lot to get a haircut, and i got inside the door and we heard three or four shots. i looked back and saw a black

guy running down from the armored car, around the corner. >> two officers initially responded to calls for help and moments later shots were fired. >> two or three more shots, we saw one of the police officers or two of them carrying back another officer, looked like he was shot in the leg. and then i don't know if i heard more shots, but -- we saw scrambling and shotguns running towards the front. >> a loomis guard was also injured. and the two suspects took off. one witness saw one suspect as he ran off to the roadway. >> at first i didn't know what was going on. like see a guy run on the street and just body just drop. he had a yellow bag in his hand and said it was money, i guess they put from the bank. >> that suspect was pro announced dead at the scene. people headed to the shopping area were shocked. >> the closer i got, i saw the dead body laying there, and just a lot of cops.

>> a search underway for the second suspect but police now say a man showed up at a local hospital with gunshot wounds and they believe they now have everyone involved accounted for. back live out here, you can see a lot of activity out here. police still out here investigators still here, a lot to figure out. investigators need to figure out moment by moment what exactly happened. at this point, it is still unclear in the back and forth gunfight if the officer was hit by a suspect bullet or by a bullet fired by another officer. claudine wong, ktvu channel news. another earthquake rattled the east bare this morning with the same 3.6 magnitude as one last night. the first one hit at 11:36 p.m., and the aftershock struck this morning at 9:57. they were both about three miles from san leandro and about five miles underground. earlier people responded to the one last night. >> i've been through a lot of earthquakes here. we always have earthquakes here. and i thought it was a 5.

>> i was out here parking lot, i sat down. it rolled from south to north a couple times a good shake. >> the 7-eleven was closed to the epicenter but the initial quake was felt as far away as marin county, san francisco, the peninsula and danville. there have been no reports of any damage or injuries from either one. police have new information on a 10-year-old homicide case involving janine harms of los gatos. ktvu's tara moriarity joins us live to let us know if police have finally been able to identify a killer. tara. >> reporter: well, this is the evidence that police say they have needed for the past three years. documents in the lab results that they say prove who killed 43-year-old janine harms. an hour and a half ago, the district attorney's office revealed what many people have suspected all along, that maureen killed her on july 27,

2001, and investigators were able to trace key fiber evidence from a rug in her home to his jeep cherokee. police believe he killed her at her home, then put hur body in the rug and disposed of it somewhere. he was arrested but in 2007, a judge dismissed the case against him when a criminalist was called into question. prosecutors did have the evidence reexamined, and now they say it is indeed the link to pin the murder on the man. when asked if the d.a. felt relief in closing the case, here's what he had to say. >> no, because he was never brought to justice. and because the sanchez-harms family suffered for many years waiting for answers as to what happened. >> wayne sanchez shot and killed the man at a san jose cafe in january, and then killed himself. police have never found janine's body. >> there is no better time for

people who know what happened to janine to come forward and tell us so that the family can get the final answer of what happened to their daughter. >> now the d.a. admitted this case took a lot longer to solve than it should have. coming up at 5, robert honda will have much more. we're live in san jose, tara moriarity, ktvu channel it news. a protest is scheduled today at 4 p.m. over the appointment of an interim police chief for oakland schools. pete thorna recently stepped down from the job after allegedly making racial slurs at a charity event. he is replaced by barhan bot. the coalition from justice for oscar grant will be part of the protest. this morning, bart's board of directors asked the public to attend a meeting to talk about the cell phone debate. ktvu's kraig debro has been following the story since our morning news and joins us live to let us know if the tone of the meeting was more civilized

than the recent protests at bart stations. >> reporter: well, it definitely was. we just found out the board meeting broke up. bob franklin president of the board said she this have something for public debate in a policy two to four weeks, so it took place at bart headquarters at 20th and webster in downtown oakland. today's special bart board meeting was not as crowded as last monday's protest but the issues are are now in focus. >> what we're seeing is what happens when two rights collide. the right to safety and the right to free speech. >> at issue, cell phone reception. bart interrupted service during an august 11th protest. the reason, to stop protestors from coordinating the protest and prevent that coordination from overcrowding the platform and creating a public safety hazard. >> i'm here to say that in my opinion, the claim that there's any first amendment issue here

at all is specious. >> we get asked why are we protesting in stations? it's because we tried everything else. this gets their attention. >> the problem is everyone's cell phone reception died, not just the protestors'. the action is called a violation of constitutional guarantees, and supporters say the argument is specious. today the aclu advised bart's board of directors to come up with a clear policy, at least one board member agrees. >> we can't sit back like some big brother and say, but we're going to stop you because either we don't like the message or we're going to spin it and say it's all about safety. >> the original protest was the demonstrate against a bart police officer involved shooting, but cell phone issues have taken the center stage. whenever the board decides to do, won't likely have an impact on the next planned protest. kraig debro, ktvu channel 2 news. >> thank you, kraig. shots were fired at a san francisco police officer early today. it happened just after midnight

near bay shore boulevard and silver avenue. a gunman ran towards the police officer and started shooting. the officer was in plainclothes and in his own car. he was not hit but his convertible was damaged. the gunman is described as an african-american with a light complection, wearing a red and white ball cap and jeans. he drove off in a tan 1990s two- door cadillac el dorado, with tinted windows. anti-government rebels in libya are celebrating the capture of gaddafi's compound but still cannot declare victory. pockets of gaddafi loyalists are still fighting back from outside the tripoli compound, and a defiant gaddafi is in hiding, vowing he will fight until victory or martyrdom. rebel leaders are making their first move to set up a new government in the city. those who looted his compound took everything, from weapons to his hats and jewelry.

>> it was really -- i was like, oh, my god, i mean, gaddafi's room! but then this thing happened, i found this. it was like, other, my goodness! i'm happy now. and i'm happy for libyans. >> earlier today, fighters released 35 journalists to held captive for five days. the area around the hotel was one of the last pockets still under control of gaddafi loyalists. the international red cross is helping the journalists get to safety. a tanker fire that forced evacuations of a northern california city is still burning. ahead what crews will do next. and the bay area is warming up but meteorologist mark tamayo will tell us if it will lasts. also, better lunch meals coming to a bay area school district. but at a cost.

a young man from pacifica survived a dangerous situation on northbound interstate 280 this morning after he lost control of his truck. the vehicle hit a guardrail and slammed into a tree about 6:30 near the farm hill boulevard

exit. the driver either staggered or crawled across several lanes of traffic to the other side of the road. fortunately, he was not hit by a car. the chp says he may have suffered internal injuries and was taken to stanford medical center. a tour bus and a big rig collided this morning on the new jersey turnpike, injuring up to a dozen people. there were 50 people onboard the bus, headed from new york city to washington, d.c. one suffered critical injuries, two had serious injuries. investigators say they don't know yet what caused the crash. and placer county is specially trained crew has announcend their plan to reduce of the risk of explosion of a burning railcar. the 29,000 gallon tanker filled with liquid propane caught fire in lincoln yesterday. the firefighters are trying to keep the tanker cool with water. the crew from texas plans to cut into the tanker to siphon out the propane. officials said the blaze could continue for 21 days, but the fire chief said that was

unacceptable some with the new plan they hope to have the blaze under control within 24 to 48 hours, almost 5,000 people who live nearby remain evacuated. a car hit a bicycle and a trailer attached to t carrying two girls aged 5 and 2 this morning in vallejo. they were in the trailer behind their mother's bicycle at elliott and minnie drive. the two-year-old went to uc davis medical center with serious injuries. the mother and the five-year- old went to sutter solano hospital with moderate injuries. a follow-up on a story we reported earlier this week. oakland police officers say they still have problems with their radios. the new $18 million police radio system was installed in june, but officers say they're still running into dead zones and dropped calls. but the department says it's working on fixing the problems. a new antenna site will be installed next month and a series of smaller antennas will be installed to eliminate the

dead zones. san francisco district attorney george gascon said it will be important for counties to work together as they implement a new state requirement that low level offenders be sent to county jails, not to state prisons. that was part of the state budget deal. and it's compounded by a federal lawsuit that orders california to reduce prison overcrowding. the new policy referred to as realignment takes effect october 1 st. >> because the way that we have been working we have the vacancies, right? there are other counties working, operating at capacity plus, so they don't have any bad space in their county jail. >> he is hosting a conference today for a bay area law enforcement official to discuss how to deal with it. every year ktvu and our parent company cox enterprises seek out people who dedicate themselves to improving and preserving the outdoor environment in our communities. we call them cox conserve heroes. our chief meteorologist bill martin has this report on one

of this years's younger nominees with a green thumb. >> reporter: in a city that celebrates fog, strawberries and zucchini, even cale flourish. >> they'll grow right up the middle out of a huge stalk so they're beautiful when they're growing. >> his knowledge on how to tend an organic garden goes far beyond his 17 years. >> i've always been attracted to the outdoors since i was younger. >> in 2010, he set tout to create a shared space for students at oceana high school in pacificca. the other goal -- >> trying to get people out and exercising on the weekends. just turn it over. >> with the help of his classmates, he was able to produce an organic garden oasis on campus. students could learn to plant and harvest fruits and vegetables with an added life lesson. >> i said that it's really important to grow your own food and know where it comes from. >> i think the kids see him doing what he's doing, and

that's incredibly inspirational. >> lori has seen a number of students come and go in her 16 years of teaching. but none she believes can have an impact on his community like him. >> he is someone who takes his skills and interests and actually does something. you don't see that in many people, students or adults. that's very unusual. >> that's good soil. >> a budding conservation alist, his fashion for sustainable agriculture and leadership will no doubt continue to blossom. bill martin, ktvu channel 2 news. he is one of five cox conserves heroes profiled this week on ktvu channel 2 news at noon. they're all working for environmental improvements in their communities. you can vote for your favorite at ktvu.com, just scroll halfway down to homepage. water has been restored to the town on the san mateo coast. water was restored at 1:30 this

morning. a well pump which supplies water to 100 homes and businesses broke late monday night. about 800 people only had low water pressure, and must still boil their water. we have breaking news now out of the south bay, where an amtrak train hit and killed a person about 90 minutes ago. it happened around 10:50 near monterey road and east capitol expressway in south san jose. here's a live look at the scene from newschopper 2. the train was traveling south on its way to los angeles. traffic on the tracks has been halted. authorities are keeping the 200 passengers onboard while they investigate. once again, live pictures right now from newschopper 2 of an amtrak train stopped in its tracks after hitting a pedestrian about 90 minutes ago. we'll have more on this in our later newscasts. in weather we're dealing with extremes out there with hot temperatures inland but the fog that the marine layer,

dense fog keeping the beaches on the cool sigh. so it's really resurfacing today. the current temperature in the mid-70s in san rafael. here we go with the fog bank hugging the coastline. also the gold on gate bridge and san francisco's ocean beach. locally dense patches of fog in this region. here's our forecast story for today. we do have this, coastal fog, hot numbers inland. tomorrow a little bit cooler, the weekend forecast we gradually warm back up, especially for the seconds half of the weekend. current numbers up daughter, it's warm in livermore, 90 degrees. san jose at 80. oakland 70. and san francisco at 63. san rafael in the mid-70s, at 75 degrees. some interesting developments here in the pacific. there's that circulation offshore this. was a concern over the past few days that it could trigger showers and some thunderstorms here in the bay area. we did have a few reports of some showers early this morning, between about 2 and 4:00.

we can see this is quickly moving out to the north and east, and as a result we're scaling back in the high clouds and also the shower potential. for today, 3:00, mostly sunny, big temperature range, 60 to 93 degrees. by 7:00, clear and mild, upper 50s to the mid-70s. and then as you can pick out, towards the 10:00 hour, coastal fog regrouping and the fog still a big factor for the coast side towards pacifica, san francisco ocean beach. but across the bay, more sunshine, mid to upper 70s and temperatures inland kind of boosted those up compared to what a previous morning shows this morning. livermore up to 94. san jose 88 and fremont around 85 determination the temperatures will check in around 3 or 4:00 this afternoon. here's a look ahead. your extended forecast with your weekend always in view. you'll notice temperatures cooling offer a little bit as we do head into your thursday and we warm back up, just slightly by friday. the overall trend as we head into the weekend is a warming one with temperatures inland,

back up into the low to mid- 90s. but could feel muggy out there, because the moisture that moves into the bay area from what was once a hurricane, so almost feels like it's -- warm muggy feeling. >> thank you, mark. the redwood city school district is considering a plan to upgrade school meals by increasing the price. if the school board approves the plan tonight, meals will cost an extra quarter each year for the next four years. right now students say 1.75 for lunch and 75 cents for breakfast. students who qualify will not be affected. the extra money will help pay for more fresh fruit and vegetables. there have been several aftershocks following the strongest quake to hit the east coast since world war ii. millions of people ran for the streets when the 5.8 earthquake struck yesterday afternoon. it was centered near washington, d.c. and rural virginia. and today, many east coast office buildings, schools and landmarks are being inspected. engineers found cracks at the

washington monument, which has been shut down indefinitely. also inspecting broken capstones at the national cathedral, twin nuclear reactors at the north power plant in central virginia also remain closed. ahead, how ipads could help some airlines save thousands of gallons of fuel each year. why you may no longer be able to touch the elephants at a popular bay area theme park. of. some over-the-top comfort couldn't hurt. and our perfect dream factory's been built. you're feeling sleepy already? nighty-night. [giggling]

there goes dwayne's car. oh, man. there goes dwayne's house. whoa! whoa! and there goes dwayne. man, that thing does not like dwayne.

[ male announcer ] state farm's got you covered. nice landing. it was. [ male announcer ] get to a better state.

on wall street, stocks up and down a little bit. right now still on the upside thanks to a sharp increase in orders for long lasting goods. up 4% in july. gold, though, big drop down 5%, to 1764 an ounce. right now the dow is up 100, nasdaq up 16. s&p up 11. both united and continental airlines are buying ipads for their pilots to save money. they'll replace paper flight manual, logbooks and maps. the airlines say each 1 and a half pound ipad will replace 38 pounds worth of paper and could save 326,000 gallons of fuel each year. news rules on the handling of captive el fans could mean the end of elephant rides. a new policy to prohibit free contact handling of elephants that. would mean the elimination of the park's interactive program, which includes touching and

sometimes riding the animals. members of people for the ethical treatment of animals are delighted with the new rules. if six flags does not comply it, could lose its zoo accreditation. a bond measure on the november ballot will not be enough to save an unused asphault plant in san francisco. the plant has not been used in years. even if voters pass a $248 million street bobbed in november, the plan will likely remain closed. it will cost about $3 million to make improvements and repairs. our neck newscast is ktvu channel 2 news at 5. thank you for watching. have a great day!