a mass shooting at a restaurant south of reno.

this morning we've just learned critical new information. good afternoon. i'm tori campbell. we're following developing news out of carson city, nevada, this noontime. three people are dead after a mass restaurant there. it happened three hours ago at the international house of pancakes in a strip mall. witnesses say a man got out of a minivan in front of the restaurant carrying a rifle. this is one of several still photos just in from the scene. they say the man shot a man on a motorcycle, walked into the ihop and started shooting. at a news conference less than an hour ago, the carson city sheriff said the man believed to be the gunman shot himself, that he's in the hospital and is not expected to survive. >> at least two of the three appear to be military folks. >> folks, this is an ongoing incident right now. we have active officers on the

streets doing -- doing some work. there's not gonna be a whole lot of answers to a whole lot of questions. >> those military personnel shot and killed were from the national guard which is now assisting local police, sheriffs and the fbi in the investigation. we have a crew on the way and we will update you throughout the day on ktvu.com and have a full report coming up on ktvu channel 2 news at 5:00. california's same-sex marriage ban is back in court today. supporters of proposition 8 are at the california supreme court trying to get legal authority to appeal the federal ruling that overturned the measure. ktvu's allie rasmus joins us live from san francisco to let us know what's happened in court so far. allie? >> reporter: what's at stake in this hear something who has the right to defend the constitutionality of the proposition? the state attorney general only or anyone else? now, proposition 8 bans same-

sex marriage in california and that's what was at issue in this hearing here today. but last summer, a u.s. district judge ruled that proposition 8 was unconstitutional. now, normally, it is up to the state attorney general to defend the constitution ailty of a law when it is called into question. but then jerry brown and kamala harris have both declined to defend proposition 89 on appeal. so supporters of -- 8 on appeal. so supporters of proposition 8 have decided to challenge judge walker's ruling. so today, they set the day to hear arguments about whether the on opponents have the right to do that. attorneys for both sides made their case before seven justices this moving. the court's chief justice talked about the issue at hand. >> the government officials have dropped out of the equation. so what we have are is whether

or not official proponents can assert the authority of the state interest in defending the initiative. >> reporter: now after this hearing for the -- now, after the hearing, attorneys for both sides explained what is at stake here. >> this is about the right of the citizens of california to be treated with equality, dignity and respect and not to be separate and treated as somehow different and una e-- and unequal. >> when the governor and attorney general refuse to step up and do their job and defend the constitution, the proponents have the right to stand in their shoes and defend their shoes as they always have under california law. >> reporter: and the state supreme court justices have 90 days from today to make their decision and depending upon the outcome it could either mean the end of proposition 8 in california or just another step in an already-lengthy battle on gay barrage in california.

allie rasmus, ktvu channel 2 news. >> thank you, allie. police at san jose state university are putting the word out about the campus assault of a female student. it happened at the administration building yesterday when the man offered her a secret and lured her to a building where he groped her. she ran away from him and got on the bus. police say the man followed her. >> he and she rode together -- not together, but they were on the same bus, all. way to the other lane which ended up at capitol and snell and he realized she was gonna call the police and he left the scene. >> the man is african-american, 5'8", 5'9", bucked front teeth and and crooked lower teeth. anyone with information contact san jose state police. santa clara police announced they've made a cold case arrest in a 2009 saratoga home invasion murder. they say they submitted

evidence to the district attorney that led to the arrest of juan kortinas. he was already in custody on unreap lated charges. they say he and another man broke in the home of this man and his 64-year-old daughter. the victims were brutally beaten and robbed. maridon died of his attorneys. the second suspect died in an ungee rated -- related gun battle with police tomorrow. the first suspect will be arraigned tomorrow. pipeline safety is getting a lot of attention as we approach the first anniversary of the pipeline explosion. kraig debro has more. >> reporter: a state legislator and his supporters met at ground zero here in san bruno this morning to call for supporting ab-56. if passed, the bill would strengthen safety standards, the operation of natural gas pipelines in california. >> if even one person in the

last 55 years had cared enough to check the pipeline correctly, we wouldn't be here. >> reporter: only a fraction of the 38 homes are rebuilt. the eight people who died will never return. it is the country's deadliest natural gas pipeline explosion in ten years. despite the numbers, the bill's author, jerry hill and his supporters, say ab-56 is not a sure thing. the mayor issued a challenge to lawmakers who are still on the fence. >> look out on this devastated neighborhood, a few steps from where you stand where people lost their lives. >> reporter: one of the key provisions of the bill, requiring automatic shutoff valves on pipelines, following last year's explosion, the pipes shot out fire for another 90 minutes until a valve could be manually shut off. last week, the federal port blamed pg&e for baffling mistake leading up to the blast and the ntsb said the utility exploited the lack of

monitoring by legislators. supporters of ab-56 say new rules can prevent another tragedy. >> it's too late to save our friends and neighbors. it's too late to save our neighborhood but it may be just in time to save the next one. >> reporter: the bill's already passed in the assembly. that's set for tomorrow, with the full senate set for friday. that worn the anniversary of the explosion -- that would be the anniversary of the explosion. reporting live in san bruno, kraig debro, ktvu channel 2 news. >> thank you, kraig. the ntsb harshly criticized pg&e for the explosion. go to ktvu.com and click on the san bruno tab to read the full ntsb report. it's been a tough day on wall street. stocks are off their session lows. deep concerns about the european union and its debt as well pass the u.s. economy sparked the selling.

a better reading on growth is really not enough to turn things around. taking a live look at the big board, the dow is up 190. the nasdaq is down 33. the s&p is down 18. san francisco may off ed lee announced the expansion of -- mayor ed lee announced the expansion of the a ceramics lease for 28,000 feet of retail. the new facility will employ 34 feet. the company makes ceramic that can be seen in places like modern arts and dinner ware that's in many popular restaurants. >> it's already in dinner ware, in places like 44 and some of the finest eating restaurants in the bay area. >> the company plans to grow the size to 60,000 square feet over the next three years.

the original ceramics factory is in sausalito. laid off employees of so linda are filing a -- some lin draw are following a -- solyndra are filing a class action lawsuit. last week, the company announced they were filing for bankruptcy and laying off employees. the workers claim the company violated the lawsuit that requires 60 days' notice before laying off 50 people. but solyndra says they were actively seeking financing which makes them and the excepttion to the law. the postmaster general is meeting with congress to ask for help in a drastic cost- hutting plan -- cost-cutting plan. they are facing a second year of losses and is facing a $9 million deficit. the agency wants congress to take immediate action that requires a $5.5 million payment

required. the postmaster wants to end saturday delivery, lay off 120,000 he employees and close some offices. david petraeus is now the director of the cia. vice president joe biden swore him in at the white house this morning. this is video of petraeus at his military ceremony last week in virginia. he becomes the 20th director of the cia after serving 37 years in the military. with the 10th anniversary of the september 11 attacks coming up, we'll have an update on the construction at the new world trade center in new york. a warmup is coming to the bay area. ahead i will find out how long it will last. luckily, we have no high winds up here tonight. i think we'll be okay. a precarious situation in a san francisco neighborhood. ahead, details on how it probably happened.

we have an update now on a story we reported all morning. san francisco police tell us they have reopened 17th street near clayton, which was closed after a hit-and-run accident. about 2:45 this morning, a silver car crashed into some scadding on a five-story building.

no -- scaffolding on a five- story building. no one was hurt. police say the driver probably had been driving. veering to the right going uphill is probably a drunk driver. they were obviously not asleep because they were driving uphill. you can't drive uphill and be asleep. the texas governor is appealing for federal assistance to help fight at least 63 if fires burning -- 63 fires burning across his bone- dry state. more than 1,000 homes have been destroyed in the last week. most have been consumed by one huge fire near austin. texas governor, rick perry, flew over the area yesterday to assess the damage. the fires have burned more than 3.5 million acres and killed two people. texas is suffering from severe drought and winds from tropical storm lee helped fan the flames on labor day yesterday. calmer winds could help firefighters today. an investigation is underway into a fire that

destroyed a home in concord. this was the scene this morning in the aftermath of the fire on skyler court. the flames broke out about 5:00 yesterday evening in a home that was under construction. that house is considered a total loss. the intense heat from the fire also blew out neighbor's windows and -- windows and damaged two other homes. neighbors say it was a frightening experience. >> i told my family to get out of the house and just to try to protect our house and then our fence caught fire and it started coming in our backyard. so i had no chance for the hose. >> the contractor told us today no workers were on the job when the fire broke out because it was a holiday. so far, fire officials don't believe the fire was intentionally set. nearly ten years to the day after the world trade center's collapse in the september 11th attacks construction of the new world trade center is moving at a rate of one story per week.

>> already, it's the tallest building in new york and it's on its way to becoming the tallest building in the western hemisphere. >> the main complex will reach 105 floors. the building will be finished in 2013. the architects are aiming to build a safe and symbolic tribute. the bottom 29 floors are made with reinforced concrete and cove -- dash covered by glass -- covered by glass. also since the attacks, $15 million has been spent to upgrade stewart at the golden gate bridge. access roads under the bridge are locked. the manager at the golden gate bridge district says they've been heightened -- on a heightened state of alert every day since 9/11. groups from the chp and the coast guard meet every other thursday at the bridge to discuss security issues. ktvu news will air a

special program this sunday. it's called "9/11 -- a decade of change." we'll have live reports from new york and shanksville, pennsylvania. and we'll take a look at how the attacks changed our attitudes and feelings about feelings other than our own. hurricane katia has weakened slightly. but it's still a powerful storm. it was downgraded to a category 3 this morning. maximum winds have been fluctuating, but at last check they were 115 miles an hour. katia is a few hundred miles south of bermuda. large scales could hit the bahamas, the greater antilles over the next few days. forecasters say it's heading to east and aiming to the mainland this week. then are still dealing with tropical storm lee. people in north carolina and georgia are concerned about the possibility of tornadoes.

tornadoes, strong winds and heavy rains have damaged several hundred homes across georgia. up to four inches of rain is expected to fall today. and the white house says the tax i aer bill for hurricane irene will reach at least $1.5 billion. irene caused damage from north carolina to main. the -- to maine. the cost estimate does not include the cost to individuals or insurance companies. indiana lists estimate losses for those amounts could reach $20 billion. i -- irene comes as the federal government is already strapped paying for other disasters, such as the tornadoes in the midwest and south. high pressure will be cranking up the heat in our area over the next couple days. good afternoon to you, giving you a live look at pittsburg. abundant sunshine, already sitting in the 80s. in some cases, five to ten degrees warmer than 24 hours ago. we'll carry that with us into the afternoon. giving us a look into the

winds. very calm in and around santa rosa as well as fairfield. we have an east northeasterly breeze. we're looking at mostly sunny skies. even across most of the peninsula this hour and just a little bit of fog off the -- fog off the coast. the san jose northerly wind is just a gentle one. concord reporting 6 miles an hour. swellly in oakland but it's light. even fairfield has lost its delta breeze and we know what happens then. it's gonna hit up. current temperatures, 84 in fairfield. 84 in livermore. 77 in concord. muper 60s for the east bay -- mid- to upper 60s for the east bay. 67 in san francisco. mid- to upper 60s, 70s in santa rosa. this number may be a little off. notice the yellow and orange behind it. so napa may be close to 70 degrees at this time. we started off with dense fog, the high pressure brinking the -- bringing the sinking air and that's what drives the clouds and marine layer down to the ground. it burned away and we're seeing mostly sunny skies at this time.

temperatures expected to be well above what we saw. some of the hottest spots expected to 100. clearlake you are expected to hit 100. 90 expected in sonoma and 86 san rafael. 74 today, sausalito. gorgeous day there. 74 in richmond. ahead to the east bay and temperatures will be warping into the mid- to upper 70s even some mid-80s. 85 expected in san leandro. upper 80s in castro valley. 97 degrees expected in pleasanton. santa clara valley, going to be warm as well. 88 expected. >> right around san jose for the afternoon. 10 degrees warmer for morgan hill. 98 for today. 86 in sunnyvale, along the peninsula. a nice one in san bruno. 75. 88 redwood city. 70 degrees in the city and widespread 60s expected. daly city, pacifica, down into half moon bay. santa cruz mash -- santa cruz may get to 80. your extended forecast -- it

will be heating up for tomorrow. the a.c. will be blowing strong. thursday into friday notice we see a gradual tapering off and into the weekend we'll cool back in the mid 89 os. >> good air quality, though. >> yes. >> that's good. >> yes. during the next hour, the most prominent and most expensive piece of art in oakland will be unveiled the remember them features 25 people the artists thought reflected the ideals of sacrifice, courage and perseverance. go to ktvu.com to learn a lot more about the unique sculpture. just -- just go to the top of the front page and click on the "remember them" tab. we have a breaking news update right now in that mass shooting in nevada that we reported earlier. the carson city sheriff now says the man suspected of

shooting seven people at an ihop restaurant has died. the sheriff says the man went hon a shooting spree inside the -- on a shooting spree inside the restaurant and then shot himself outside in a parking lot. three shooting victims are also dead including two members of the national guard, a man and a woman. we've also learned officials say the state capitol and supreme court buildings in reno were shut down for about 40 minutes as a precaution. we have a news crew on the way. we'll have an update on this story tonight. still ahead on the noon at news, a messy but fun event like this one may be coming soon to a fairgrounds near you.

taking a live look at the big board on wall street, the numbers are still down. stocks tumbling for a third session on rising concerns about the eurozone's debt crisis and the outcome for the global economy. right now, the dow is down 176. today is the deadline for people in menlo park to produce a plan to save the popular granny tree. the 3 lund-year-old oak tree is sit -- 300-year-old oak tree is sitting in the path of a planned pipeline. they want to cut the old oak tree down. but if a park is created around the tree, the p.u.c. will tunnel under the tree instead of removing it. tomato hurling is headed to pleasanton. this is video from a massive tomato fight in colorado from

june. now the seattle-based company is bridging the event to the -- bringing the event to the alameda fairgrounds on october 1st. participants pay an entry fee that includes a beer, live music, and a chance to throw tomatoes at each other for an hour. prices are based on whether you want to participate in the event or not. villagers captured this 21- foot salt walter crocodile that weighs in at over -- salt-- saltwater crocodile. that will do it for us. our next newscast is the news at 5:00. thanks for watching. have a great day.