she has admitted to the blame and a child died because of distracted driving. the sentencing hearing is underway right now. good afternoon. we begin with an unexpected twist in the morning sentencing of a college student for vehicular manslaughter. police say caitlin dunaway was texting when her car hit and killed a little girl in rohnert park. the girl's mother was seriously injured.

christian joins us live from outside the courthouse in santa rosa to explain the delay in the sentencing. >> reporter: caitlin dunaway was set to be sentenced here in santa rosa at 10:30 this morning, but her lawyer changed that -- that changed rather when her lawyer heard which which the judge was leaning in the sentencing. her lawyer asked for a recess and that is where we stand right now. i was just up in the courtroom about 20 minutes ago waiting for court to reconvene. dunaway have accused of texting and driving in december 2010, when she struck -- police say she struck cali murray and her mother. cali was killed, the mother left with serious injuries. 19-year-old dunaway pleaded no contest to misdemeanor vehicular homicide in september, but that was when the judge said he was leaning towards probation. today in court the judge said after reading the probation report, he is leaning towards a 120-day jail sentence. the judge wanted her to serve five days in jail, the rest at home with a monitoring device.

when her lawyer heard that, he asked the judge for a recess, and said he and his client needed to reconsider how to proceed and that could mean up to withdrawing that no-contest plea. that courtroom is filled right now with friends and family members on both sides of the case waiting to read their victim impact statements and their statements to the judge about this case. my colleague rob roth is in the courtroom right now and will bring you the latest tonight at 5:00. >> all right. thank you, christian. both -- are bringing for a campus showdown at uc berkeley. police are repeatedlyish issuing warning to protestors but the orders are being ignored. ktvu claudine wong is live with the status of the standoff. >> reporter: authorities -- the camp is still here, one said the plan is to defend the encampment. the long-term plan to defend

the encampment. what is still unclear, the police plan. >> i'm ordering you to remove all tents and other camping equipment, failure to do so you'll be subject to citation or arrest. >> the point seems to be to issue warnings. the bullhorn announcement started at 2 this morning, and we saw additional ones at 3:30 a.m. and 5:30 a.m. but warnings didn't seem to phase the protestors. >> i don't plan to move because this is my right as an american, as a person. >> as day broke and the day began here on campus, protestors told us they felt victorious. the tents they say are part of the message. >> we think the tents say saying, that we're here and it forces the administration right in front of the plaza to confront the pact we're not going anywhere and say to the university that we demand public access to public education. >> it appears students make up most of the encampment but the oldest protestor is a man whose you may recognize, the hands and behind the 1971 pentagon papers spent the night in a 10

himself. >> i saw the crowds here and thought these people want to get arrested? that's a long time. these are people that wanted to be arrest with. >> no arrests were made. the police chief says he is concerned about the potential for clashes and says they are reviewing last week's crackdown. uc student says he is doing what he can to keep the lines of communication open. >> full request that the chief of police -- [not understandable] >> that could leave a note. we'll see if he gets a meeting. for now the warnings continue. thank you so much. uc berkeley has just identified the alleged gunman who died after being shot by police on campus. police say they were called

after christopher nathan travis was seen at the haas school of business carrying what appeared to be a gun. officers confronted travis in a computer room. he pulled out the gun in a threatening manner they say pig in order repeated orders to drop it. the 32-year-old was shot during the confrontation and died later at the hospital. the university said travis was a new transfer student. in oakland the confrontation of violence at the past few days has given way to a quiet calm. our crews shot this scene at the plaza this morning. just a few people remain there including one who identified herself as an occupier. but there are no tents or protest signs, and police are keeping watch on the plaza to keep campers away. but across town near lake merritt, it's a different story. these are pictures from snow park this morning. you can see a small occupying encampment is still going strong there. protestors huddled against the fog in tents and blankets.

so far police have let this camp continue, but some occupiers say they're worried they could be raided next. in about two hours from now, an occupy oakland activist is due in court for deportation hearing. these are pictures of his supporters meditating inside the county courthouse this morning. police arrested 36-year-old poncho on monday. as he meditated outside oakland city hall during a protest. now he could be deported to his native mexico. friends say he came to the u.s. six years ago to study astro physics at uc berkeley. police in san francisco gave out seven citations overnight as they cleared part of the encampment. coming up in five minutes, were some tents were removed and more were allowed to stay and why the move was a sign of poor faith by the city. and there's more activity going on right now in san francisco related to the occupy

movement. newschopper 2 is over justin herman plaza, where students and supporters are starting to gather for a march on major banks. students want the university of california regents to sign a pledge calling for barns to pay more taxes to make up for cuts to higher education. eller a crew was there as students boarded buses to take them to the protests. we'll be following the march when it starts about one hour from now, and bring you an update on ktvu channel 2 news at 5 and 6. state analysts released some gloomy mud today about california's budget. the legislation analysts office projects a 13 billion-dollar budget shortfall next year. the report finds tax revenue will fall short of the state's estimates. that could trigger automatic mid-year cuts to public schools, colleges and health care programs. lawmakers had based the $86

billion budget on spending cuts, fee hikes, and an expectation of higher tax revenues. a family in stockton is demanding answers after a four- year-old boy died during dental surgery at oakland's children's hospital. jermaine harrison was at the hospital to center teeth removed and never woke up from the anesthesia. because of a heart condition, he had a pacemaker and was not supposed to receive gas as an anesthetic. but a nurse told her that's contact withly what he was given. >> i heard her say they gave him gas also. >> his vital signs were excellent. the carbon dioxide coming out of him during the procedure was normal and excellent. >> the hospital vice president says he is not sure if the gas caused the death and they continue to investigate what happened.

ahead we'll preview a program that airs on ktvu this afternoon about a sensitive subject, children going sex change operations. mark says you may need your jacket again, and possibly an umbrella. >> everybody is saying i need help, how you can help me? >> it's a sign of the times in this tough economy, what one non-profit says is surprising about the people waiting in line for food. state farm. this is jessica.

hey, jessica, jerry neumann with a policy question. jerry, how are you doing? fine, i just got a little fender bender. oh, jerry, i'm so sorry. i would love to help but remember, you dropped us last month. yeah, you know it's funny. it only took 15 minutes to sign up for that new auto insurance company but it's taken a lot longer to hear back. is your car up a pole again? [ crying ] i miss you, jessica! jerry, are you crying? no, i just, i bit my tongue. [ male announcer ] get to a better state. text save to 7-8836.

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safeway. ingredients for life. the fbi says a berkeley man on its most wanted terrorist list may be in massachusetts. then got a tip after a story about 33-year-old animal rights activist daniel san diego appeared on the fox program, america's most wanted. he is wanted in connection with two bombings here in the bay area in 2003. one was at the chyron corporation in emeryville, the other at shapely corporation in pleasanton. no one was injured. in san francisco, police shut down an attempt by the occupy protestors this morning to expand their encampments. early this morning, police told occupiers to pack up and move

out. they warned campers there and at a satellite camp on the sidewalk or market street, but in the end police only cleared out the smaller camp. okay at justin herman plaza reacted with confusion. >> they said they would take everyone in camp out but only took out that little bridge right there. >> when we found out there wasn't going to have anything happen here, packed up again and were able to clean up here. >> san francisco police cited sever people from sleeping on the sidewalk. at this hour, protestors are wrapping up a meeting with mayor lee about the future of the encampment. stay with us for continuing coverage of the occupy protests. get more information any time on ktvu.com. a steep drop in gags prices led to a decline in the price of many consumer goods last month. new data from the labor department shows a .1% drop in the consumer price index. americans paid less for cars and computers, but food, rent

and health care costs were still up slightly. as many families across america plan a thanksgiving menu, many more are just struggling to put their next meal on the table. city ministries in downtown oakland saw a line around the block this morning as it distribute food from the alameda county food bank. the nonprofit says it has seen a 15 to 20% increase in families applying for food boxes this winter. >> we're seeing people hoe have been executives of companies, who were donors once upon a time and now they're having to be clients so that part domestic violence is surprising. >> the organization also signed up people to receive turkey dinners on thanksgiving next week. it needs a thousand turkeys by next week, so it could always use donations. this week in washington, the house and senate will vote on legislation to keep pizza and french fries on school lunch menus nationwide. on monday lawmakers released a spending bill that would block

efforts to limit the amount of potatoes served for school lunches and schools would be allowed to continue classifying the tomato paste on pizzas as a vegetable. lawmakers cite costs and lobbying from the food industry. the agriculture department is disappointed by the decision. federal authorities have arrested a 21-year-old idaho man suspected of firing a semi- automatic rifle at the white house friday night. acting on information from the secret service, pennsylvania state police took oscar hernandez into custody yesterday afternoon at a hotel in the pennsylvania town of indiana. secret service agents say at least one round hit a bulletproof window in the white house. authorities say ortega hernandez as a history of strange behavior and legal problems. his family in idaho reported him missing last month. today the house is scheduled to vote on a controversial gun bill. the legislation calls for states to honor the concealed

weapons permits of other states. only illinois and the district of columbia would be exempt because they don't allow concealed guns. the bill has strong support in the republican leaning house. some democrats are already urging president obama so veto the bill if it gets that far. energy secretary steven chu is preparing his testimony about federal support for solyndra. former director of the berkeley national lab will become highest ranking obama administration official to testify in front of the house committee when it meets tomorrow. republicans on the house energy and commerce committee want to know what role politics played in securing the 535 million- dollar loan for the now bankrupt fremont company. we have the results of two special mail-in elections in contra costa county. voters overwhelmingly approved measure j. it stays the only hospital in the area. doctors medical center in san possible low with the $47 a

year parcel tax. in oakland, voters rejected three mail-in ballot measures. measure h would have allowed the city council to appoint the city attorney rather than having voters decide. measure i called for an $80 a year parcel tax. the revenue was supposed to be towards city services, including police, fire, and youth violence prevention. and measure j would have extend the deadline for payments to payments to oakland's retirement system from 2026 to an unspecified later date and reduced the city's current annual payments. the ac transit board will hold a public hearing topped on its plan to cut a major bus route targeting express service over the dumbarton bridge between union city and palo alto. it would eliminate db3 by december 16th and also reduce trips on line d b-1. the meeting is at 4:00 at ac

transit headquarters in oakland. alameda is strengthening its smoking ban to give smokers another reason to think twice before lighting up. yesterday evening the alameda city council unanimously approved updating its anti- smoking law to include bands at city beaches, outdoor work sites and mall walkways. it goes into effect this coming january. the following january, january 2013, smoking will be prohibited in apartment complexes, including on balconies and porches. a new study shows higher smoke concentrations in the valley areas. woodacre, for example, has 30% more smoke than nearby san rafael. air quality managers are now working on tighter regulations. almost locks like a summertime weather pattern in the middle of fall. you can see it the fog making a

big come back coastside and here's the golden gate bridge. you can't even see the span now to big dropoff in visibilities. right now san francisco checking in in the upper 50s, and that fog showing up nicely on the satellite from stinson beach, closer to the golden gate bridge, around san francisco, pacifica, other parts of the coastline as well approaching santa cruz county. we could have some partly cloudy conditions develop coastside as we head into mid- afternoon. current numbers, just updated. 59 in san francisco. but away from the fog presence look what it happening with temperatures inland. nice spike here, fairfield right now 67. livermore upper 60s. and san jose reporting hazy sunshine and lower 60s, at 63. no big changes for today. you can see the storm track north. but this will be heading to the south and we have changes beginning tomorrow. but for today, high pressure sticks around with hazy sunshine and patchy coastal fog and temperatures ranging from around 60 for the beaches,

warmest locations inland on tracks to reach the upper 60s to around 70 degrees. here's the big change in you'll notice tomorrow you step outside. this cooler weather system moves in from the north, we head into thursday. there's a slight chance of a north bay sprinkle by tomorrow afternoon, but then by tomorrow night into friday we increase the possibility of scattered showers and it will be cold enough that snow levels could be coming down to 2500 feet here in the bay area. so maybe a little dusting in the local hills as we do head into friday. and we'll get to the weekend forecast in just a little bit with the five day. as far as this afternoon, into tomorrow, you can see a few showers approaching parts of mendocino county and then we'll take this into friday the not a lot of moisture here but clouds, salteddered showers and some cold air pushing into the region, and those showers should be on the decrease as we head into the -- friday evening. for this afternoon, 3:00, partly cloudy to mostly sunny. here's a look at the numbers for this afternoon. warmest locations just touching the 70-degree mark towards fairfield. san francisco lower 60s and san

jose 67 degrees. here's a look ahead. your extended forecast with your weekend always in view, thursday increasing clouds, slight chance of a north by sprinkle by mid to late afternoon. some cold showers move into friday and this is a change as we head into the weekend. i was about to say heavy rain moving into the region friday, saturday night into sunday. latest forecast calls backed off that's a chance so we're still a little confused. try to nail down that pattern over the next day or so. >> thank you, mark. today's episode of anderson is focusing on transgender children, including one from oakland who believes they're trapped in the wrong bodies. >> whether do you think you feel happier? because i am who i want to be. >> the parents of the children say they were relieved it was not something more serious and have a message for other parents. >> that you're not alone, and it's not your fault that you didn't do something to cause this. this is just how -- just like

twins are born conjoined, this is just how they're born and this is who they are. >> today's show will feature a transagainer woman expelled from college for applying as a female and a basketball player. watch anderson here on ktvu beginning at 3 p.m. a new move by goggle today getting a lot of attention. also the growing struggles of the u.s. postal service. if i can take classes year round

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stocks are down significantly in afternoon traiking. the provides of oil is the reason, rising above $100 a barrel for the first time since july. the jump could weaken the already fragile u.s. economy by raising costs for gas, heating oil and airline fuel. right now the dow currently down 93, hovering around that 12,000 mark. nasdaq down 23, and the s&p down 10. google is expected to announce details of its new music service this afternoon. google has already cut deals with sony, emi and universal and several independent labels. but not warner music. according to the wall street journal, it goes on to say users will have to manually download music, but insiders say google music will allow users to share one or two plays of each song with others on google plus as a way to encourage people to buy more

music. the u.s. postal service wants to hear what the public thinks of its plans to close two mail processing facilities in petaluma. 230 employees process mail for son ownee, marin and lake counties at the facilities. the service a says relocating the work to oakland could save $2.5 million a year. the hearing will be at the petaluma community center and starts at 6 p.m. meanwhile, the u.s. postal service says it lost $5 billion last year despite deep job cuts. the postal service faces a friday deadline to pay $5.5 billion into a fund for future retiree health benefits. congress is expected to delay that payment. the postal officials say they'll run out of money by next september. they say that would stop all service and private companies would only be able to pick up a small portion of the mail handled by the u.s. postal

service. tonight at 5, we're keeping a close eye on crab season. we will know by 5 today if fishermen have agreed on a price. and we're learning more about the man who police say walked into cal haas school of business with a gun. we have a reporter tracking don his background. thank you for trusting ktvu channel 2 news. we'll see you the next time news breaks. and we're here for you on ktvu.com and mobile ktvu. thank you for watching and have a great day. state farm. this is jessica. hey, jessica, jerry neumann with a policy question.

jerry, how are you doing? fine, i just got a little fender bender. oh, jerry, i'm so sorry. i would love to help but remember, you dropped us last month. yeah, you know it's funny. it only took 15 minutes to sign up for that new auto insurance company but it's taken a lot longer to hear back. is your car up a pole again? [ crying ] i miss you, jessica! jerry, are you crying? no, i just, i bit my tongue. [ male announcer ] get to a better state. state farm.