captions copyright 1992 castle rock entertainment public performance of captions prohibited without permission of national captioning institute . complete barry news coverage. this is the 10:00 news. >> new information about a san jose police shooting why officers opened fire on a man with a toy gun. good evening. >> it wasn't a real gun. it was a toy gun that prompted police to open fire an a man after apparently passed out in a staircase in san jose. take a look. we got this photograph of the plastic gun. a witness said the man appeared to be drunk and was sleeping in the hotel staircase after halloween party. we get the new information now from loyd. he is live with the excertificate of the police

radio communication. >> reporter: four police officers are on leave tonight after shooting a man in a stair well of the an jose hotel shortly before 8:00 yesterday morning. just hours ago police released the tapes of officers at the scene of the shooting talking to dispatch. >> gun in his waistband, is he breathing. >> reporter: police say the stair well of the hotel they found a man wearing medical scrubs asleep. they say they spotted the butt of a gun tucked in the waistband of his pants. police say when they woke him up he reached for the gun and they opened fire. >> shots fired. shots fired. >> copy shots fired. >> shots fired. >> reporter: the 25-year-old of san jose is in the hospital tonight, police say he will survive and they have yet to talk to him. >> we are talking split second

decisions where he wakes and makes a threatening movement toward the officers with that firearm. >> reporter: police released a photograph of the firearm. it was a plastic gun, the wounded man apparently had been at a costume halloween party and police are waiting test results to see if he was under the influence. >> we may hesitate and it may look like a toy, it may be a real gun, that is -- that will put us in a dangerous situation. >> reporter: the four involved in the shooting have within on the force for 13 to 20 years. this he have on leave as department policy at a time when they are already fewer officers on the street. live in san jose. >> and more details now, yesterday's shooting brings the total number of officer involved shootings in san jose to seven this year. in all of last year san jose handled four. in 2009 the number was three.

they say it's more people acting outs. >> there has been another police shooting in contra costa where a man is dead. police shot and killed him after a short foot chase. the incident happened around 5:50 this evening on lemon tree court in antioch. police say they got a call about a man with a gun involved in a criminal activity. when officers found him they say he took off running. the man made a move toward his gun and was shot and killed. a neighbor said he heard the police calling for the man to give up before the shooting. >> my neighbor was -- the bullet was flying through his house. i was actually -- made me scared. >> reporter: the man's name has not been released and at this hour the da house remain on the scene. >> in san jose, a protester is on top of a 36-foot high wall

tonight as part of the protest movement. want to show you a live look. the 27-year-old scaled the wall in san jose city hall plaza. he spoke to our crew this evening and said the police have been very respectful of the protesters even though they broke up the camp friday and again on saturday. he said he plans to stay on the wall as long as necessary and he has a simple request. >> i want -- at least for deborah the city manager to come out and speak to us and maybe we can work out a deal that we are both happy with. >> he said he used a trash can to help him scale the wall. police say they will leave him alone since he isn't hurting anybody or damaging property. we found video of last saturday's arrests, this is from youtube, we are told it was shot by one of the occupy protesters. it shows several san jose police officers moving in to city hall plaza and arresting

some of them. they had been cleared out on friday but some of the protesters moved back in. >> a pledging political movement is taking place in oakland where voters started to recall the mayor. our camera was there when the petition organizer served notice. >> at 11:46 they filed their petition with the mayor's office if city clerks. organizers say they collected 71 signatures from voters who want to recall the mayor. the organizers say they feel the mayor has failed to resolve the public safety program and fault the mayor for clash was the police chief who announce he would resign after two years on the job. >> it's real clear the people -- seek to recall the mayor because she has ignored the city's most pressing issue, public safety. . >> we have crime that is rampant and incidence leaving the city. >> reporter: we went to city hall to get the mayor's

response. her assistant said she was out of town on business and had no comment. going over the petition we pinpointed on this map, each person who signed their name. organizers admit they never voted for her so when he asked those who did vote what they think. >> it's disappointing. i did vote for her because i thought that there would be change, you know in the neighborhood but there isn't really. >> reporter: others who voted for her say she has been in office less than a year and it's to soon to judge. >> you need to give somebody more than the time frame she has had to make a difference. >> this petition is just the first step for any recall vote. 10% must approve it. that's about 17,000 signatures. in oakland, ktvu channel 2news. >> tonight on facebook we asked your thoughts on recalling the mayor. one writes i want to sign the petition, had it not been for

voters not being e catted she wouldn't have been elected. don would be the mayor. theresa clark offers support saying i think she is making the best of a bad situation. i know of no mayor who could clean of oakland and keep it safe. with only one week remaining until san francisco choses a new mayor the race took another turn. the video that has come out in the middle of allegations, that story is coming up in seven minutes. >> a jury ruled against an administration in her discrimination lawsuit. she was fired in 2008 saying they had stopped talking with one another. she filed a lawsuit saying she was fired because she was a woman. it took the jury 40 minutes to reach its decision. today. >> pg&e said a one mile section of a huge natural gas failed today after a pipeline pressure test. happened about 9:00 a.m.

many a remote area of bakersfield. they are removing a section of the pipe and will retest it once it's repaired. they said the pipe that failed is more than 60 years old. they have been doing tests on hundreds of miles of pipeline in california in the wake of that disaster in san bruno. >> new at ten a decision tonight on what to do with the fishing boat that ran aground in the surf at stinson beach. where officials described what is going to happen next. >> reporter: as you can see the fishing boat remains stranded in the surf about 50 yards off shore. salvage shores say before it ran around it weighed about 40- tons but now that its been pounded by the surf and filled with sand it could weigh as much as 100-tons. two dozen gathered in a church to hear details on how it'll be

salvaged. the company in charge said it'll have to be taken apart in the water, it's to heavy to move. >> with if we pull on it we may break the boat apart and that is a safety issue. >> reporter: the skipper had no insurance so getting the $70,000 to cover the challenge has be a challenge. the marine sanctuary put in $40,000 joining others who paid the rest. >> as soon as things break up in that surf the current would surround and go straight tortilla -- with all of the endangered things. >> reporter: a few pit has been dug in to the sand to contain hazardous waste. crew there was frustration directed at the coast guard. >> a month ago a local

restaurant owner was rescued. they were out in 20 minutes and came to his aid. >> aid. >> we the crew will be back here again tomorrow and will hopefully start taking the ship apart. if all goes according to plan the beach should be clean and be log like it's first condition by the end of the week. live in stinson beach. >> the anticipated bio of steve jobs is now available in hard cover. the book looks at job's life from childhood to his final days. preorders pushed to number one, it's also available in electronic form. people said they can't wait to read it. >> i'm fascinated by how people are so fascinated with

them. i would like to read the book >> it was written by walter isaac son. he said jobs told him to be honest and that he had no skeletons in his closet that couldn't be allowed out. last week's memorial for him can be viewed on the internett. was posted on the apple website. the overflow crowd attend the private event at the company headquarters. tim cook spoke as did board member and former vice president al bgore. >> i denounce those groups that say they are fourneau. >> ed leon the defense. allegations of vote tampering. >> back here in ten minutes, we are heading for high fire

danger. ly tell what you ha means. >> this house is worth less than what the homeowners paid for it. still ahead the president's plan that may help a widow stay here.

. trouble for some nuni riders tonight. muni said a train derailed at church around six. that means service is disrupted now on the n and j lines. buss being used to transport

people. nobody was hurt. muni said service should be restored first thing tomorrow. san francisco mayor gained a big supporter today at his campaign comes under serious scrutiny. alex savage has its response to allegations of vote tampering. >> counting down to election day the mayor was busy touring branch out a tech company in the south of market. while he was there he picked up an, endorsement from the lieutenant governor. he is facing accusations of ballot tampering. >> i'm confident that -- the campaign is 100% compliant. >> reporter: some accuse a group that backs him of illegally influencing voters by helping them fill out their ballots and steering them to vote for lee. one president one of his

opponents released this video saying this shows supporters helping people fill out their ballots. >> what i see is not right. my mom has the absentee ballot and i see they filling up the absentee ballot. >> reporter: the group is not affiliated with his campaign. >> i denounce them if they say they are with me and are doing wrong things. >> reporter: many of the opponents, are calling for election monitors and they want a full investigation. >> delivered by third parties. that is one real problem if activities happen we need the full investigation. >> ed lee said he called for

the da and the attorney general to look into the group from the china town video. alex savage. >> the movement in san jose took on a religious flavor this morning. hundreds of priests, ministers and religious leaders joined the protesters and marched through the financial district passing several banks along the way. one group carried a golden -- saying greed on the front. >> things back to normal but for some road work in marin carrying 40,000 gallons of wine hit a concrete wall. the accident happened in nevado around 2:30. the chp shut down all southbound lanes of 101 immediately following the crash. the highway has been reopened but for one lane where construction work is now underway. officers say the crash spilled

gason to the freeway. the fuel caught fire but it was put out. nobody was hurt. the highway patrol has identified a pedestrian who was killed on highway 101 in san mateo over the weekend. officials say the 25-year-old was walking on the southbound shoulder at about 4:25 yesterday morning when he wandered in to traffic, he was struck by a honda and died at the scene. the driver stopped and is cooperating with his investigator. police are looking if drugs or alcohol played a role. >> another twist in the effort to release video recordings of the proposition 8 trial. a judge panel put a temporary hold on a decision to make the recordings public. the court said it'll hear arguments on the case in early december. supporters of same sex marriage want them made public but opponents say they should stay sealed because of possible harassment of witnesses who

testified. the president revealed a mortgage help plan that will refinance the loans of about a million homeowners currently under water. as rita williams says it may not be enough to reach the people who need it the most. >> gladys is drowning trying to pay for this house now under water. it's work way less than the 12 5,000 dollars she and her late husband paid for it 20 years

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