captioning sponsored by 20th television the all-new volkswagen jetta. it's great, for the price of good. that's das auto. an apparent ultimatum for san francisco's occupy campers. move to the mission or face eviction. good evening i'm julie haener. >> and i'm frank somerville. today the occupiers háeld a meeting to try to decide whether to accept the city's officers -- occupiers held a meeting. >> reporter: frank that general assembly lasted almost four hours. it's now just wrapping up. and the vote has been made. the occupy sf encampment. the people here have voted to

reject the city's officer to move them to mission street. so it appears the clock is ticking on how much longer this encampment will remain here at the foot of market street. >> we will stay here and defend our first amendment right. >> reporter: there was enpassioned compassion. the city the giving the group until 11:00 a.m. tomorrow to see if they will accept the offer to relocate. if occupy refuses to accept the city's deal. >> what if city has said inequivocally is that we won't be able to stay at herman plaza. >> reporter: no animals, alcohol, or stoves. no minors, pan handling or furniture. and no loud music between 10:00 p.m. and 7:00 a.m. >> i've seen this space, i

personally love this space. but i also see the necessity to have us here. >> reporter: but others see an advantage by spreading the mission to the working class. still there's a large group that sees the move to the mission as a symbolic defeat and would rather try to hold the ground here at herman plaza. >> i feel it will be more of an inspiration and generate power and support and support from the public if we're able to support this. >> we've contacted the mayor's office, the police department and the department of public works all of them involved in moving the encampment from justin herman plaza to the mission district. it seems clear that no later than thursday the occupy

encampment here at justin herman plaza will be shut down perhaps by force. live in san francisco, ken wayne, ktvu channel 2 news. it's not clear if the city's ultimatum includes another occupy protest. about 20 people are camped out akraosz -- across from the federal reserve. the group says this is their fourth night at that location. the occupy oakland movement one of victory today. the group was allowed to put up a tepee. but there are restrictions. the permit expires on friday. some members say they are willing to go to jail to keep the tepee in place and fight for their right of freedom of expression. the city says it must come down at midnight.

we checked on it and it is still sitting on the ground but not on the grass. a tepee also holds symbolic ground for the occupy movement al -- movement at cal. but for some protesters, they are demanding the removal of the chancellor. >> i got hit several times on my ribs, on my liver, my hip, my leg. >> we demand that the charges against students arrested be completely dropped. they're completely bogus charges. the university told us they will not make an official comment on the lawsuit until they have a chance to examine the claims. new video tonight from alameda where a two alarm fire burned an old victorian. but firefighters were close by.

the fire started shortly after 7:00 at 5:40 pacific avenue. firefighters arrived at the scene quickly. crews say it appears the fire was concentrated on a front room on the second floor and now they're concentrated on looking for hot spots. a bomb scare at san jose's main postoffice today turned out to be a false alarm but the urgent response was not without cause. the bomb squad blew up a large package left outside the postoffice. a masked man tried to put that package into two collection packages but failed and he ran away. that caused concern that the package was dangerous. we have new details tonight about that gun battle in oakland that critically injured three people including a young child. amber lee is here now and tells us what she learned this evening including why some of

the workers at a near by restaurant didn't show up for work today. >> we're outside oakland children's hospital where the 1- year-old boy who was shot is here. his family has been keeping watch on him. they told us he's in criminal condition. the shooting has left the commune shaken and talking about what's next. almost exactly 24 hours after the shooting on seventh and willow streets, merchants tell us they're seeing a stepped up police surveillance. a man at the restaurant told us autothe workers here last night were too frightened to come to work today. >> but inside the state market, rahul is back to work.

>> i found slits, that's not good. >> reporter: this surveillance video shows store patrons scrambles when the gunshots rang out. abdula told us the shooting happened during the busiest part of the day. this surveillance video captured some of what happened. one camera recorded three of the shooters ooze they came around the liquor store and opened fire. >> just crazy, i don't know how to describe it because it was like the o.k. corral. >> reporter: this shoreman was at the store. >> it puts reality on things. you have to watch where you go because i probably don't, probably don't shop here too much more, you know what i'm mean it's just getting too dangerous. >> reporter: city leaders are urging witnesses to come forward and help police find those responsible for the shooting. reporting live in oakland, amber lee, ktvu channel 2 news.

a promotional van features oakland rapper kafani was at the scene of last night's shooting. although the rapper claims he was not there, he is the victim's cousin. >> that's tragic for a young kid to be shot, he hasn't done anything. >> reporter: the boy's family members are still waiting to hear about his progress. they were gathered inside when our camera went by. oakland major gene quan also visited tonight and coming up in about 16 minutes, what the 1- year-old did today that gives his family some hope -- major jean quan. herman cain is discussing the pocket of dropping out of the race. >> reporter: on a conference

call hours earlier said, with this one,we have to do an assessment as to whether or not we will continue to run. >> newt gingrich will benefit from this, the same newt gingrich who has twice had affairs against his wife. >> he has to do what he thinks is best. >> reporter: according to a new ktvu field poll, newt gingrich has moved to a strong second with 23% of the vote. behind former massachusetts governor romney. cain is a distant third with 9%. >> romney. >> you choose romney, but why? >> he's squeaky clean. >> reporter: 10 of california voters said they haven't made a final decision on who they

would vote for. >> i think they're still coming to the surface. >> reporter: republicans closer to the california coast prefer romney while gingrich faired better with tea party. maureen naylor, ktvu channel 2 news. tonight on our facebook wall we asked if you think herman cain should drop out of the race. linda says, i think he should sally-forth every politician throughout modern times have faced extreme controversy. and marnie say, i want depends. if he can come company about all the affair issue, then maybe, people can kind of forget. another oops in the perry trail. >> those of you who will be 21

on september 12th, i asked for your support. those of you who won't be, just work hard. >> reporter: the republican presidential candidate did not realize that the voting age is 18 not 21. in addition election day is scheduled for november 6 of next year. a campaign spokesperson says perry clearly misspoke. during a president, debate earlier this month, perry forgot a key element of his reform plan. low fog over the bay area has been causing major flight delays tonight. arrivals are being delayed. flights leaving the airport are also being delayed tonight. in oakland the fog hasn't really caused as many problems but the airport is seeing high winds. just within the last couple of hours the national weather

service has reissued a fog advisory. an east bay charity needs food and toy donations. how thieves broke in and stole all of their donations. how mcdonalds says they are planning to comply without getting rid of all the popular toys.

new at 10:00 an east bay

charity is desperate tonight just seven hours ago it discovered someone snuck into its storage room and stole all the christmas gifts and food bobs -- food boxes meant for many needy families. >> reporter: the sad thing here is this is not a donation that has deep pockets or wealthy donors. now they have to start all over. >> that's where it was. it was huge. a huge pile. >> reporter: ray anderson is a volunteer who says he dropped off loads of donations about 9:00 in the morning. >> we had blankets for senior, we had toys, we had food, we had toys on the stage. >> reporter: six hours later when he and other volunteers returned to wrap gifts the room

was empty. someone had taken everything. a devastating blow to a group ha has worked days to get the donations. >> reporter: authorities say they found an unlocked door in the back. taking about $4,000 worth of donations. >> more people in need, it's also been more challenging for us to raise the money. because people have not really been giving, because their budgets are tight. now the group has to start from scratch. at mike's restaurant people donated $250,000. and some brought in food to help refill the barrel. >> we all stick together, it's all about the community and we're here to help anybody in need.

if you would like to help you can donate by putting something into one of these boxes or you can go to our website ktvu.com and click on web links. we have donation information there. and this group only has until december 16th to collect those donations. live in oakley, jana katsuyama. a private memorial service was held for officer jim kapoot. security was tight. law enforcement agencies from all over the bay area came to háe keep the public away as well as pay their respects to kapoot's family -- came to keep the public away. a larger public memorial set tomorrow. chairs were set up today for the expected 4,000 guests including governor jerry brown. whatever it takes to make it happen. it's been a constant effort

about a week of really intense plans and delegating tasks. the way people talked about kopoot it's clear by the flowers and messages left on the steps he was not just an officer he was a formal marine and a girl's basketball court. and the man accused of killing kapoot pled not guilty. smith is being held now without bail at the solano county jail. tonight we have new surveillance tape of the shooting that happened outside a wal-mart in san leandro. we also have a new picture police are searching for. >> reporter: police are searching for this man, 29-year- old johnson of oakland they said he's the suspect of a

robbery. >> if somebody does see him. please call 911. but he's considered armed and danger we do not want nip to approach him. it happened about 2:00 a.m. it's hard to see exactly what happened from this store surveillance video. police say watson and three other -- two men get out of the buick and approaches the men demanding money. >> per seupgs is a little bit different. it amounted to, hand over your property i'm going to rob you. for some reasons the two victims began fighting with both. luna's cousin held down the other defendant until officers arrive. >> this is tony on the ground

here with the victims anding him down and finding him. -- >> he's a good kid. police say christopher murrilo was -- president joe buy din -- biden visit too iraq was a surprise. some marines will remain the guard the u.s. embassy.

getting through the airports. first homeland security has to device a system. right now it takes men and women in june form longer to go through security because of all the gear they carry. pás obama has law firmed his first to thible campaign -- the obama administration -- the national weather service has issued for the third morning in a row a dense fog advisory for the big valley up to sacramento and davis. vacaville in for areas around

the bay. another advisory. the pr-b problem you had this morning it may reoccur. airport delays or ferry reports, kwroáeur going to see it again tomorrow morning. the wind are coming up but not in time to clear this show up. look for low vizment visible in many of the spots we saw today. and when we come back we're going to be talking about wind warning. i'll have details in your forecast just in a little bit. san francisco's ban of kids toys with kids meals goes into effect. mcdonalds complies he will be complying with the charges. the toys will cost 10-cents. the law is aimed at combating

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an up day now on that toddler who was injured in a gun battle in oakland. the small but significant things family say is a sign of improvement. >> reporter: this is the photo of hyrum. he is just a few weeks shy of his second birthday. at children's hospital oakland family waited for any news. but hyrum will remain in icu. >> just keep us in our prayer,

that's it. just keep praying. >> reporter: bobeno was the only family member to talk to cameras outside the haopt today. the boy's father was here, his hand bandaged. the father's hand was cradle the boy when the shooting happened. >> senseless, like they need to cut that [ bleep ] out like seriously. i'm getting read fed up with this [ bleep ], like seriously >> i spoke to the uncle again and he said while hyrum remains in a coma, that his son was

squeezing his hand around mario's window. it took jurors in oakland less than two hours to convict a 22-year-old man of first degree murder. the victim was a 17-year-old detained franklin jr. he was just a few weeks away from graduating from high school when he was shot and killed while riding his bicycle last may. the jury found smith guilty. pg & e is hoping to raise fares to pay for -- in a filing to the securities and exchange, the company tells its investors it wants to sell the share to raise the money. this explosion killed eight people, injuried many more and

destroyed thousands of home. gavin newsom has a new home tonight. it reportedly sold for $2.1 million. marin county tax records show the closing date was november 18. the purchase has other people about wondering about the race. facebook settles over the government, low they will protect your privacy. this holiday season

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a third largest passenger carrier in the country american airlines is now under chapter 11 bankruptcy protection.

ktvu's lloyd lacuesta is at the national airport with what the filing could mean for passengers, lloyd. >> reporter: julie 10 years ago this was a hub airport for american airlines but now the dallas based carrier has only 10 flights a day here and some passengers are wondering what the filing for bankruptcy will mean next. >> reporter: one arriving passenger from new york was unaware of today's bankruptcy filing. >> i thought they were doing well. so this is actually a surprise. i just came from american. everything seemed fine. they mentioned nothing. it was a good flight. >> reporter: american airlines says it plans to operate normally while in bankruptcy. the company says high labor costs, high fuel prices and a reduced demand for travel forced a chapter 11 filing. >> circumstances have changed and it's time for us to move the company forward. and that's what we're going to

do. by filing for bankruptcy american hopes to shed expensive labor contracts and pending organization -z. >> it's very difficult to lower your airline outside the bankruptcy court. >> reporter: the speclation americans may merge with u.s. air ways which would leave five four major flights. >> i think it's untpoárpbg natalie. but the company cannot keep up with investigators. american was one of the last major u.s. carriers to avoid bankruptcy. the airline says the tpraoebgd weather program already u --

the airline says the individuals will be able to take the test. the passengers will still have to check in and fly with two separate airlines. the biggest banks until the united states in many of the financial institutes around the world all took a hit today. s & b included citigroup, gold man sangs, wells fargo and bank of america. the ratings down raid may be hard for b of a, if i'm concerned it may not be a lot of capital. the s & p news broke after the market closed. the nasdaq dropped almost 3% but s & p.

>> tonight the doctor convicted of involuntary manslaughter is behind bars. here's the booking photo. who today received the maximum stph-ps of four years. and add add come housley rafts, saying what was raised was to go and the area. >> the high term of five years imprisonment. >> reporter: dr. matt lauer reu getting the most action from michael pack tor. a powerful anesthetic murray was giving the singer to help m sleep. >> dr. murray created a set of stick stances and became involved in a cycle of horrible medicine. the jackson family issuing

a statement through their attorney. contract john, -bs we'll be listening. >> this is children, we will grow up without a power, our best friend, our play mate . the infamous recording of a drugged up jackson stood up for to him. >> that employee was supposed to help his patient. >> he was hired to perform at that players most as a rulable point. murray who in

no way says hewlett packered denying a report that some of their older printers can be strucked to potentially catch fire with just a click of a house from any row mote location -z, msnbc reports that a team of columbia university sage students says lg's plain cents with the remotely concerned. one of the team members members said that they were this áf there to. facebook has settled a recommendation, consumers had complained that facebook made it difficult for them to hide their private information. facebook has agreed to put the permission of an depend

frogger. a new update by google is letting people navigate indoors with eat. right now the indoor maps can only be -- it is a contest that gets more and more attention. but now, a new wring -l on when it should come back. a high wind warning just here in just a 10 minute. a major breakthrough for the cal decut tunnel fourth four.

looks like we're going to have to wait a bit longer to find out when the window will

open for the mavericks surf contest. the window was supposed to open up this thursday but the director says he's pushing the date back because he's hoping to stay away from another contest. we have an update for you on that tepee erected today. we just checked again and that tepee was removed in the last 30 minutes. amber lee says a small amount of officers watched as they took down that tepee. we've been watching activists place trash cans to stop access to where they've been camping out. police set a deadline of yesterday for protesters to leave the area, tonight there have been reports of large number of police officers

gathering right now at dodger stadium. >> in news of the word tonight, in iran, protesters stormed the embassy in tie ran. the embassy staff managed to escape. a second british complex was also attacked. this was apparently all in response. they approved an $11.000000 loan to extend the greek crisis. there are concerns that the problems in greece could lead to dire consequences around the world if they're not taken care of. the ministers are trying to build a trillion dollars fund to keep european nations from financialdisaster. in equador a volcano erupted.

700 people living near by were all urged to evaluate. lava is also building up. the same volcano erupted 12 years ago and it took a year before evacuees could finally return to their homes. what do bob barber, pamela anderson and williams are all part of the group. the animal rights show says you don't need to eat meat to get ahead in the world. we're all familiar with photos of incredibly thin people. now they've developed a software tool to figure out which images have been photo shop. that can leading to eating disorders including young women. >> and what pg & e is doing to

avoid possible power outages tomorrow because of the weather. also, chief meteorologist bill martin will show us exactly when that windy weather will replace the fog and when the wind will be the strongest. going to the bank without going to the bank... that's a step forward. with chase quickdeposit on your smartphone, you just snap a picture, hit send and done. chase quickdeposit. take a step forward

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caltrans says it reached a milestone in the construction of the fourth bore. consumer editor tom vacar has exclusive photos of the progress. >> the 3,400-foot bore began last march. it was a tough uncertain shrog through a mountain of constantly changing rock and lose soil. >> for this risky of a project everything is going pretty much on schedule. >> though caltrans won't release video until tomorrow, we received these still photos.

of the nearly $400 million needed, contra costa voters taxed themselves 125 million of those dollars. >> this is one of the shining stars of why they voted yes on measure j. >> i would like to see more of these projects, it's provided a lot of employment to contractors and that's a good thing. >> reporter: for the folks in orinda it could not come soon enough. >> it was a problem, we didn't want to go there because we think traffic. it's sure does help. >> most of the prospective buyers who come out here are looking for commute time and if you put in that fourth bore it will help the commute for a perspective buyer coming out from either the oakland hills, the berkeley hills area. >> the fourth bore will open about this time two years from now. i'm consumer editor tom vacar, ktvu news. happening now, i want to take you back now to los

angeles, live pictures from the air here of the occupy protest. what you are looking at are police who are massing apparently looks like they're getting pretty close to perhaps moving in on these occupy protesters. the deadline has passed for the deadline that the city set for these protesters to leave the area. the protesters are essentially bracing now for the police to come in. we have reports that they put out trash cans to try to block access. again you see what's going on. we're going to continue to follow this and of course we will have much more on the situation. there could be developments overnight ktvu morning news begins at 4:30 tomorrow morning. they will have full coverage of this situation. ufc says they expect to reopen the student services office tomorrow. yesterday protesters moved into the han building where the financial aid offices are located. some of the protesters spent

the night but today at noon they decided to end the protest. a move appreciated by some nonprotesters. >> there's deadlines that need to be met, with the financial aid office here. so, in that regard i feel the protester didn't keep that in mind. >> protesters responding to police actions at uc berkeley and uc davis are demanding that us santa cruz disband its protest. only one in four hiv positive americans actually have the disease under control. the cdc says 20% are actually unaware they even have the virus. 40% get drugs on a regular basis but only 28% have seen their virus knocked down to appropriate levels.

nearly 500 pounds of sausage being pulled off the shelves tonight. the u.s. department of agriculture says it is recalling 415 -- 456 pounds of papa cantell's sausages because of misbranding. the product contains walnuts a known allergen which is not noted on the package. a merger of at that time and team mobile could raise customer rates by 6% a year and by even more in san francisco and other large cityless. those were some of the conclusion. last week the commission raised doubts about the deal and allowed at&t to withdraw its bid and rewrite the plan. pg & e crews scattered across the bay area to try to

trim trees today in anticipation of high wind. pg & e says it does this work year round but stepped up its efforts. the goal is to keep branches and limbs from blowing into the power lines which causes about 13% of its power outages. and welcome back, let's go to live storm tracker 2. we're tracking a dense fog advisory in the area. here's what we have. we have current temperatures right here. so find your area, we have concord, livermore and san jose. what i'm going to do is drop in the due point temperatures. you see the city, look at concord. dewpoint temperature in concord 64. when that dewpoint temperatures reach fog is formed and what i tried to ill russ trail is that fog is forming throughout the bay area. that's where those dewpoint temperatures reside. our first order of business. dense fog advisory over the bay. a dense fog add vice reu in the

central valley. as we get into tomorrow -- a death sentence fog advisory in the central valley. here's what i'm tracking. that low pressure sister as it drops down. it's rapidly moving down. you see right here, how it's starting to drop. it's going to end up in the great basin in about the next 12 hours. it's going to set up a -- a high wind warning in effect. heaviest winds you know where they are. out there in the berkeley hills out by sky land boulevard. all those areas around the east bay hills we will see winds elsewhere but the biggest strongest winds 15 to 20 miles per hour. strong gusts a wind advisory

for most of the us. above 1,000 feet it's a high wind warning. it's a pretty wiig deal. when will you notice the those strong winds, mainly wednesday night, thursday night into breezy frizz. you're really going to notice those winds tomorrow night. forecast highs tomorrow 64 in the antioch. 63 in pittsburgh. it'll be a earl by bird tomorrow. temperatures are warm because the air is sinking with their wings. it's going to be warmer tomorrow with mid-60s. no rain just fog and wind. yeah no rain though in that forecast. >> and really not for the long

range models doesn't have range.

mark joins us now with sports. the giants making some news today. >> a little baseball stuff. it wasn't exactly in question. and it's not the big trade or free agent signing giant fans

are abling -- are aching for, but at least a little news from the team. no gm in all of baseball has been at it with more years than sabien. and a club option for 2014, bochy starting his six year as the manager. no longer, boston red sox go for a big name to phyllis. silent night would probably be the sharks official holiday song so far as in a mere three goals in their last nine periods of hockey. they take on the canadiens thursday night at the tank and going to work this morning, quickly after getting shut out just last night by jonathan

quick and the king trying to figure a way to start lighting the lamp a little bit. here's how coach mccullen assessing the team's current mind set. >> frustration isn't a real good word. i want them to self-evaluate. i want them to look at themselves and their game. 82 games is a tough season. we're going to reevaluate. >> i think with the group we have we have to feel confident that it's going to come. not squeeze the puck too much. as long as we're getting chances it'll work out. >> it is especially the christmas season for nba fans teams can start talking to free agents as soon as tomorrow morning. camps open for all teams on thursday. mean tile business as usual for the warriors lock out or not. this organization always out in

the community. today in oakland hoping to open the family justice center. team president rick weltz feels the team is really starting to get ready to make some noise in the court this year. >> we hear from ownership that it's the sufficientest than any sport any where. they've been very judicious assembling the staff that they feel can really lead the franchise to the place that they want to be. which is to be really recognized as one of the best franchises. not only in the nba but in sports. >> a win or else season for jacksonville head coach del rio. they didn't win. if hayward native checks out with a career coaching record 69 wins and 73 losses. that's the sports life for a tuesday night. back to you julie, frank. >> mark, thank you. and thank you for trusting ktvu channel 2 news. we will see you the next time

news breaks. >> and we are following developments with the occupy l.a. protest. it appears things are really coming to a head right now. full coverage beginning tomorrow on ktvu morning news at 4:30. like gate d12 for the next three hours. citibank for ipad. easier banking. standard at citibank.

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