we saw a group of people rushing toward us running, running away from those gunshots. we started hearing people talking about was that fire crackers, was that gunshots. then we started seeing people run back toward that saying that there was a man down. there was a man down. somebody has been shot. that's when we decided to slowly make our way over there. and the scene became very, very chaotic. people started crowding around a body. they started linking hands around the body because everybody was trying to get video on their cell phone, they were trying to figure out where this man was shot. i have just been told maybe in the last five minutes that at this occupy encampment there are volunteer medics and so those were the first people that actually responded. before paramedics and police even arrived and those medics were actually trying to do cpr and then i would say about five minutes maybe it took for

emergency personnel to go there and you can look at some video that we're showing now of this scene of what it looked like. this is unedited and it was people screaming on the floor. they couldn't believe what had actually happened. as we said, police and paramedics surrounded this body once they got on scene. everybody was watching as they were pumping on this man's chest. i couldn't tell what age he was. he looked like he was african american. but they were not giving up on him. and you've reported he has since passed away. the news is making it around the camp. and people are crying, you're hearing stories that this had nothing to do with the occupy oakland movement. police at sort of standing guard, over the scene of where

it happened. and people are just milling around, some people are praying, some people are telling us they hope that this isn't an end to the occupy movement because many say that this is unrelated and that they didn't recognize the people either of the people that were involved. there were many eyewitnesses to this. people who are telling me that they saw the man running away with the gun, go down 13th street. other people are saying they didn't recognize the actual victim who passed away who is on the ground. again we're trying to sort through all these stories, please are going to be gathering intelligence. so far that's the scene here. still trying to piece together exactly what led up to this. >> janine, we can kind of tell from when we first talked to you at 5:00 and even now. you can tell seeing something like this kind of shook you up didn't it?

>> you know, it was just pretty amazing just -- i couldn't really believe that it was gunshots that took place. there was so many people here, so it seemed pretty bold and brazen. i mean it was still light out at the time. so it was pretty bold for somebody to do that in such a public area right in front of that tulley's coffee and right in front of those b.a.r.t. escalators with hundreds of people here. i'm surprised actually that more people did not get hurt. it did shake everybody up. we saw people crying in the crowd. many people just shaking their heads. it was pretty sad. >> this happened at a very busy time. there were parents and children there because this happened in the one month mark that occupy oakland began, so they were about to have a birthday celebration. >> that's right it was the 30 day birthday celebration. it was supposed to take place actually about this time. people were saying it was going

to take place at 6:00, 7:00, there was supposed to be music and celebration. and people happy that they've been occupying for the past 30 days but definitely the mood here has become a lot more somber. i just walked around the camp to see if anybody has actually decided to pack up and leave. but nobody is moving at all. people are sort of holding their ground. they're hoping again that this isn't the end to occupy. that city officials don't use this as a you know means to say, we definitely need to clear everybody out of there. but you know we'll just sort of see how this unfolds and how it happens, but we have not seen a bunch of people leave. as i've been walking around the crowd, a lot of people who didn't witness this shooting are actually coming here wanting to be around the occupy people to find out what happened. so, many people are actually coming here to the scene to be around this and to learn more information.

>> all right, janine thanks very much. the victim has died and list -- and police are still on the scene. tom is on the phone, what can you tell us. >> chief jordan is here, he is talking to several officers, there are about four or five detectives here. the scene is roped off, taped off as we said. there appears to be a couple of pieces of clothing, shoes, hats and other stuff. and what appears to be a bottle of bionide. i spoke to a medic from occupy, and he said he was doing mouth to mouth resuscitation and said nothing more about that. we did notice about four or five doors up from where the

shooting took place, police were shining a flashlight from the inside to the glass door and it seemed to have an impact mark. the mood around here is somber. in three locations maybe more by now, a number of people are lighting votive candles in large numbers. and because of that people are walking around really somber. with the police chief here there are some decisions being made as to what needs to be done both with this crime scene and the situation all around it which of course is the occupy oakland situation. people are concerned that this may have impact on that. at this time it's a wait and see situation. that is the situation from directly across from where the shooting took place. >> you have to wonder here tom, the mayor has come under

intense fire for her handling of this situation. one of the concerns that people have expressed, is the safety concern. the businesses in the area say that they are really hurting. now you have something like this regardless of whether it is connected to the occupy movement or not it'll be interesting to see how this plays out and whether perhaps this might lead to more calls for an end to the occupy movement and perhaps prompt the mayor to take stronger action than she has in the past. >> what is very clear is because of this everything is going to be on the table. i've been in enough of these situations for several years, to know that when something out of the ordinary happens, people reassess in a very big way. especially when it happens in a city center, in a city that already has a reputation that it would rather not have. this doesn't help oakland in any way, shape or form. one of the real plaquered here is that the chamber of commerce

and business owners are really on the mayor to do something about this. as a result of that this is only going to add more fuel to that particular fire. these people are not without power in this town. they have a lot at stake in terms of what they have invested. they have a lot at steak in terms of where the future of this town is going. and to have something like this happen in such a public area and in such a public way is going to create some concerns about whether or not this can go on. >> and tom, obviously this happened about an hour ago just over and hour ago. the mayor's office is very close to the scene here. do you know where oakland mayor jean quan is. has she been out since the shooting, or what can you tell me about that. >> i have seen no sight of her. but there are several hundred people around here so you may not necessarily see her. but the police chief is visible. right in the middle of the scene here. talking on the cell phone, talking with two other officers

so he clearly has his attention rivetted on this. and though there are a lot of police that are doing investigations right now. anyone who dares cross that yellow tape is being ordered immediately to get out of there. i do not see the mayor but that wouldn't necessarily be fair because if she is around here there are plenty of places that she could be. one thing that's very clear is that she's not standing with the police chief or any place that it would be an open area near the crime scene. >> in case you're just joining us, all of this happened just about 5:00 tonight at 14th and broadway. that is ground zero if you will for occupy oakland. the shooting happened right next to the occupy oakland encampment. what we don't know is whether it was connected to the occupy movement or not. we have several people who have told us it definitely is not. but that's one of the questions we're looking into. the person was shot several

times, within the past hour or so, they've confirmed the victim has died. >> this happened in front of business. police flooding the area talking to people trying to get more information. the gunman in this case is on the lose. no arrests have been made. police are going to be on this situation for a very long time. we have reporters working talking with people trying to get us more information. we're going to continue to follow this and have much more for you coming up in just a little bit. milpitas police have released this flier in regards to a church vandalism. why it's been investigated as a hate crime. and i'm chief meteorologist bill martin, i'll tell you when showers are going to get here and how heavy they will be. [ female announcer ] at the jcpenney... veterans day sale get savings on top of savings. use your jcpenney rewards credit card...

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anti religious graffiti spray painted on a milpitas church is now being investigated as a hate crime. robert handa is at the scene to tell us why the crime rose to that level. >> reporter: people here say there's never been the need for a fence, they trust the community but now some of that trust has been violated. the mount olive lutheran church has expanded but now some walls have streaks of new paint covering up vandalism that police are investigating as a hate crime. ktvu obtained these police video showing the red spraeupbt graffiti left sometime -- red paint graffiti left sometime around halloween. >> it should be investigated, it's a congregation is peaceful and yeah it should be.

>> does it seem strange especially here in milpitas that this is happening? >> yeah, it does. this church is so much part of the community. >> reporter: police investigators say they are actively pursuing a number of leads but acknowledge it's not a typical case. >> we've not had anything like this in the recent past that we can think of. it's also one of those things that's very offensive. when somebody is writing these things on a church, a synagogue, a mosque or anything like that it's offensive. >> reporter: some church members agree saying the graffiti can be removed but the emotional pain from this kind of attack lingers. >> yeah it hurts, especially when you grow up going to the church. and you don't want to see it slammed. >> we don't want to say it's isolated but we're not treating it that way. it would be nice if it was isolated but we're not treating it that way.

>> reporter: right now police are offering a reward of $200 for any information leading to an arrest. the developing news that we're following here. what you're looking at are live pictures of the occupy oakland website. what happened just about an hour, hour and 15 minutes ago someone was shot right next to the occupy oakland camp site and we have confirmed now that that gentleman did in fact, die. at this point a suspect has not been caught. that is 14th street you're looking at there and 14th street for all intents and purposes is shut downright -- shutdown right now. our reporter janine de la vega was in her live truck, heard several shots, she said it was four or five trucks. jumped out of the truck.

a crowd immediately surrounded the person that was shot. there was also a medical tent. some folks from that medical tent ran over and started assisting a person that was injured until paramedics arrived. they worked on them for several minutes. a very frantic situation that what janine tells us. unfortunately it did not save his life, that person has passed on. and the suspects still on the lose. jade hernandez joins us from the cal campus with what they're planning next. jade-- >> a general assembly just wrapped up and i can show you right now, the general assembly is over but two groups have

broken off, it's grad students and undergrad, they are discussing their day of action and strike for next tuesday. there's a specific leader, this is a collective after a general assembly was called last night a day of action was called. >> this idea is to plan for the strike next tuesday. that got decided by an amazing general assembly. >> more than 100 occupy camp supporters ordered to organize and call for a strike next tuesday. they will strike to public education, university privatization and what they call the endebting of their generation. they are calling for solidarity, actions and workplaces and schools. some faculty members took a stand with their students who were cleared out from the uc campus last night. they held a teach out. one teacher told us he knew of at least 15 faculty members

taking part. one class discussed a piece from the new york times about oakland, and the mayor. they also said how the feeling of us and them grows. >> police officers who police oakland but don't live there, much of the police force are white people who live in the suburbs of oakland but don't actually live in the community they police in. so that creates an us and them dynamics which the students are feeling also here on campus. >> and we found this afternoon a couple of students with pillows occupying the space they were moved from the night before. those students are still here tonight. i want to bring you back out live because you can see these are grad students and undergrad students talking about the general strike they planned for next tuesday. i spoke to a university spokeswoman who told me that the university will not stand for any encampment. they support any protest but they said one tent often leads to more. so if campus police need to clear out tents again tonight

i've been told they will. reporting live, jade hernandez. >> right now on ktvu.com. you will find unedited video between uc berkeley students and cal police. just click on occupy protest. and the weather story tonight will be the showers in the forecast tomorrow. i have two radars going. one in the sacramento area, one down in san jose. both not picking up any rain. showers will show up in the bay area forecast. they will be showers, they are not going to be heavy rain. this weather system is going to go right down the coast. it's a nice looking weather system. it'll bring showers. but on the light side, so tomorrow morning's commute you might see a few showers. you can see what happens. tonight you have the increasing clouds. system drives south. but look at the green, that's

our rain bands. it's barely right into the bay area. so tomorrow morning look for a chance of sprinkles. here is how the computer model sees it. here comes the system, there's showers offshore, that's tomorrow morning at 5:00 a.m. maybe sprinkles in sebasta pool and bodega bay. you can see it's still staying offshore. this is a nonevent for the bay area. it's not a nonevent for the -- it's going to wrap around the upper part of this system. umbrellas handy tomorrow, be ready for it. it could be just enough to slow down your commute but it is not going to be a downpour. look at the totals tomorrow. everyone in los gatos, a warm weather -- even in los gatos, a warm weather system. this thing goes right down the

coast and stays down the coast. it goes right past us. a few sprinkles and your bay area weekend in view. clouds but no rain. >> i'll take that. >> thank you, bill. >> we're going to take a short break and we'll be back with more. we'll take you back downtown in oakland. the latest on that shooting that happened at 5:00 tonight. we'll be right back.

mark is here with sports and more on that situation there at penn state. >> yeah, it is calmer there tonight after of course last night an evening of demonstrations by mostly students after they heard the news that joe paterno head coach at penn state since 1966 had been fired. now today, defensive coordinator tom bradley was named the interim head coach. this will mark the first time since 1966 that someone other than paterno will be the head coach. and last night students turned today the streets, in fact,

turned over a news truck. >> the football part we will get working on that right away. right now, i think you should know where our team is toward this whole issue. it's toward those children, it's toward their families, and our thoughts and our prayers are with them. please, behave and demonstrate your pride in penn state. your actions speak much louder than your words. it will carry with you for a very long period of time. >> now meanwhile, assistant coach mike mcquery is still on the staff and will coach from an upstairs booth saturday. mcquery allegedly witnessed the child abuse but reported it only to his father. and meantime it is time to talk about something more pleasant. that would be our high school game of the week. tomorrow sacred heart cathedral should be a good match up as they take on menlo. both with fine records and the

raiders leading the chargers 7- 3 in the second quarter that's the sporting life right now. >> mark, thank you. we want to update you on that deadly shooting near the occupy oakland encampment. here's a live picture right now from news chopper 2. the shooting happened about 5:00 this evening on 14th and broadway right near city hall, right near the occupy oakland encampment. details on what led up to that shooting are sparse. we do know one man was killed. the gunman got away. we talked to one person right after the shooting and that person told us that the shooting took place outside the encampment. >> they were not inside the camp when it happened. it was outside the camp. they were apparently looking for somebody and they apparently found that person. >> again a lot of police in the area, getting information, the gunman is still on the lose. one man was killed, a lot of

people in the area. these are live pictures from chopper 2. >> we have a lot of crews gathering the latest information. we will have it for you in 30 minutes at 7:00 on 36 news. we are constantly updating our website ktv u.com for the latest on the shooting, the deadly shooted that happened just outside the oakland occupy camp site at 5:00 tonight. and tea to choose from.

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