a judge sentenced her to three years unsupervised probation. a $180 court fee and ordered her to stay 50 feet away from the nieman marcus store. >> her medical condition is made known and may have impacted their decision to reduce the case to a misdemeanor. >> a spoke woman from nieman marcus declined comment. but prosecutors say hayashi's position played no part. >> she is a first time offender with no other criminal record and what she did is unexcusable and is being held accountable, it is reasonable to explore the options. >> her attorney says the tumor may require surgery and at this point is treated successfully with medication.

a loaded handgun through security from a man does not have a permit. the sacramento b reports that tim donnelly does not have a permit in his district in san bernadina county or sacramento where he spends half of his time. donnelly admitted to accidentally leaving the gun in his briefcase as he tried to board a plane and could face a $10,000 fine. reports of domestic violence are swirling around san francisco's new sheriff and his wife. >> it is unfortunate, there is serious allegations, i need to allow the process of investigation to move forward and determine whether or not there's adequate evidence there. >> the mayor is talking about information that emerged today that san francisco police had respond to a neighbor's domestic violence report at the home of newly sworn in sheriff and his wife. we will tell you how his wife responded and what people in

the former supervise's district are saying. there was good news today, lower unemployment and a spike in job growth. president obama says the number shows the economy is moving in the right direction. we are creating jobs on a consistent basis and we won't let us until everybody can find a job. >> the united states experienced a highering surge last month. employers added 200,000 more jobs in december and the unemployment rate fell to 8 .5%, the lowest level in three years but president obama admitted many americans are still out of work. >> there's still a lot of struggles that people are going throughout there. a lot of families are having a tough time and small businesses are having a tough time but we are starting to rebound and move in the right direction. we have made real progress. now is not the time to stop. >> the president then urged congress to extend the social security payroll tax cut through 2012 to keep the

economic recovery rolling. that positive job news for the nation not well reflected in california's picture. consumer editor tom baker in the newsroom on the news on the state economy. >> for the u.s. it guess but for california we have to wait two weeks for us. >> katie gailam was looking for work. today she was here recruiting for her new employer, concord based home improvement firm, california home pro. >> i think it is turning around. my company is hiring. >> things have been getting slower and slower for my kind of work. >> for laid off construction worker david alla tine. the downturn goes on. >> i have other friends and other people that i do know that work is just slowing down

and more people are losing jobs. >> the work force development port things we have mostly bottomed out. >> we are seeing signs of stabilization and some good things and better things happening out there in the private sector by way of picking up and demand. >> unfortunately because the state can't get its house in order the ones rock solid house of employment is anything but. >> special school districts have had to lay off some of their workers. >> mean californiaians will have to reinvest themselves. >> if i have a positive attitude and get up early and get to work and work hard things will happen for. >> the fact that's the unemployment rate would have been worse but for the fact that many have quit looking for work have retired or given up

meaning that simply no longer counted. on wall street despite the positive job reports, stocks were mixed for most of the day. >> that positive employment news was offset by continuing concerns about europe's economic health and the euro had solid losses. the dow was down 56 points. >> on the campaign trail many of the presidential candidates are going through new hampshire a head of the primary. front-runner mitt romney bypassed it where polls predict he would win in a landslide. he stopped in south carolina today. romney steered clear of criticizing his gop rivals, focusing instead on president obama. >> this president doesn't understand how this economy works. it is time to get a president that does. [applause] >> romney also slammed the president's new defense

strategy which seeks to downside the pentagon. a report shows mitt romney soaring. it shows romney far ahead of his republican rivals. 37% say the gop voters are voting for mitt romney. newt gingrich and rick perry and john huntsman far behind with one percent. rick santorum took aim the president obama and refused to give him credit for the jobs report improvement today. >> in spite of president obama's policies of the job market picking up a little bit, i think there may be optimism that republicans will take the white house. san tore umm took an unpopular stand on social security, he says the benefits should be reduced rather than on a delayed basis he says the you said cannot a afford to

wait on reigning in the cost of social security. >> one restaurant in portsmouth has declared itself a politician free zone. the handwritten sign on the door of colby's breakfast and lunch cafe and says no politicians, no exceptions, began as a joke and some patrons like it. >> kind of nice, the one place you can go and feel that no one will bother you while you are having breakfast. >> one waiter says that politicians and their entourage tie up a bunch of tables but they are good tippers perform ken prismard will arrive on sunday and cover the campaign as well as tuesday's vote. our coverage continues on ktvu.com. you will find the very latest election news and the updates

on each candidate. ed lee is helping startup companies. a partnership with code for america for a project called the civil the axle lerrator. >> a high surf advisory is due to expire in two hours. there were swells as high as 16 feet and rip currents and road waves. >> people stopped by san francisco's baker beach to check them out. the crews spotted about half a dozen people taking pictures

there this afternoon. >> and here is the view earlier this afternoon just down the coast in ocean beach, a high surf warning is also posted for the coastline in central and southern california. it lasts until tomorrow morning. some big waves and big time surfers today. they were all out in the water even though the maverick's competition has not been call. robert. >> reporter: what we are seeing is an opening day ceremony. as you see the waves, you can understand why people are getting anxious. the timing seems so perfect. the pacific swell surfers and organizers had hoped for did roll in providing practice runs for competitors that showed up for the contest opening ceremony. the view shows the ritual where the people commemorate the contest and with a get together on the beach with family,

friends and fans, a gathering that up until this morning no one knew for sure would happen. >> first, i thought are we going have it and we got the call and everything is great. >> reporter: but today's big waves weren't enough for the contest to actually start. >> size wide, it would be a contest day but conditions are not good. it is really lumppy and kind of breaking out all over the place. >> reporter: and officials are standing firm on a new policy, new fans on the beach on contest day. >> i'm anxious since there wasn't a contest last year. i probably won't be trying to sneak my way out here. i may watch it at home on my computer. it will be a lot of chaos. >> it will be nice to be out there and witness everything first hand, but i'm not too disappointed about that to be honest. >> don't plan to take a chance on trespassing or getting a

citation? >> no, not this year. >> reporter: just about 15 minutes ago the surfers paneled out to conduct a prayer circle to show respect for each other and pay tribute for those that died. the wait continues for the perfect contest conditions. the surf is what our chief meteorologist has been telling us to expect all week and bill, what you saw they don't disappoint. >> they don't. alice was right talking about how the conditions aren't right, a little bumpy and lumpy, the surf 25 feet. the swells outside the gate right now are 12 feet in 14 seconds, pretty big. it will linger and not drop immediately. it will start to drop as we head into night and tomorrow. tomorrow's swells big up around 13 feet and much smaller on sunday and the swell will trend back upwards.

this is because of storms in the pacific, very strong ones but not getting to the high pressure, the swells go underneath but the storms going up over the top. when i come back we will talk to you bay area weekend people. we'll see you back here. a warning for anyone that banks onlines. what security experts say this virus we are telling but will make your computer and bank account lie to you. >> the high state rail project has its share of critics, the strong support it is getting from someone with a lot of influence in sacramento.

the internal revenue service has been doing new estimates for 2006, the most recent years for data and the irs says u.s. businesses and individuals paid to pay 17% of the income tax owed that year. that adds up to $450 billion in

unpaid taxes. the u.s. budget deficit was half that, 248 billion. >> if you are one of the 63 million americans that bank online there was a new computer virus posing a threat. we have more information on how this trojan horse disguises itself. alex. >> reporter: well, it is called spy eye trojan horse and what is different it will wait until to log onto your bank account and change the numbers in your balance to make it look like your money is still there and erase any trace of theft. >> the trojan becomes part of the web browser so everything you send to your bank it will modify and everything it comes back will be modified before you see it so they are making your computer lie to you. >> reporter: the only way victims discovered the money is gone when they check their balance at an atm or paper statement so it buys the

thieves plenty of time. >> i don't get paper statements anymore. >> it is scary and i think about it all of the time because i'm a super paranoid person. i don't online bank very often but when i do, i would never go to a public computer. >> reporter: alex with the group behind tack says you can get the virus on your personal computer. >> people on these programs are being told this is an update they need. >> i don't have too much money so i am not too concerned. >> reporter: but joyce is not laughing, she has already been the victim of an online scam. >> they told me my grandson was -- had an automobile accident. >> reporter: she says she wired nine thousand dollars to a thief overseas thinking it would go to her grandson. she doesn't do e-mail now or bank online. >> i am ashamed, it was all of my savings and i'm a person that has always saved.

>> reporter: and security experts say the way to protect yourself, pay attention to your boxes, when you get an update for your system, update it and don't click on any suspicious links and keep your antivirus software up-to-date. ktvt news. a high level california leader is throwing support behind the high speed project talking to lawmakers about what is a one billion dollar project. the price tag is steep and the future relies on getting federal dollars. >> my focus is the financing and without a very substantial federal commitment of dollars that we don't have right now, it is not possible. >> the state legislature is ready to vote on whether to spend the first nine billion dollars on this project. some bus passengers in the

santa clara val le will be taking a cleaner ride. there will be a new hybrid bus. there was stimulus money used to buy 20 diesel electric hybrid buses built in hay ward. the new vehicles have green technology and greater passenger comfort and have free wi-fi and backseats with foot rest. the buses will debut on the express line on monday. parking in one berkeley neighborhood is up for discussion. some people are upset with an area by trader joe's. according to the website berkeley side, the people say the signs are confusing and led to a large number of parking tickets. a bell month woman is recovering after a crash. she mistook the gas pedal for

the brakes and suffered minor injuries but no one else was hurt. a congressman is pushing to increase rent by one thousand percent. the city has paid the federal government $30,000 every year to use 8 miles of the hatchy valley. a republican from the county has prop to a congressional committee that the city pay $34 million a year. he says the current low rent amounts to a federal subsidy for san francisco's water and electricity supplies and unfair to farmers in the district. let's go back to the bay area weather. whether you feel gil -- guilty or not it may be nice to enjoy the weather. >> i do too and craig were saying we feel bad because the weather is so nice. it feels like october or even late march. temperatures in the 60s and we need rain. this is the time of year or last year when we were getting

dumped on. growing webs between our fingers and toes and right now we are dealing with a very mild weather pattern if you like this kind of warmth and sunshine, a little bit of fog in the morning but we have more of the same. long range models attempting to bring rain down the road outside of the five-day forecast. but as it stands now an active pacific, it is really active, those are big old storms coming across the line here, this one generating a lot of swell or is generating a lot of swell that will be here next week. as we go through time we will hope that this ridge of high pressure the storms are hitting it and going over the top of it. when that ridge of high pressure starts to break down, those storms will come through, those systems if we had a direct line coming through and in a zonal pattern, we would be getting dumped on but it is not, everything is going north. we have wind gusts to talk about tomorrow.

above 2500 feet, that is above where most of us live, we will see gusts about 40 miles per hour and 35 in the oakland hills. it will be breezy. will you notice it. the forecast as we head through time, today will be a nice day and the wind will increase because of this pressure center and windin the lake tahoe area in the mountains because that have low pressure area even in reno. for us gusty wind, at sea level it won't be that big of a deal but in the oakland hills or albany you know where you get the wind. forecast highs for then, there you go, spring-like weather and i have to say at some point if you are a gardener or whatever you may want to be thinking about your plans because one of my worries i was talking some folks in the newsroom that some it may bloom and we may

have freezing temperatures. there is a failed mars probe reentering the atmosphere. the a tros namer recorded this in the french rivera. the probe was unable to send the signals to leave earth's orbit and head for mars. the latest forecast it will reenter the atmosphere in the next eight days but expected it will burn up before it reaches earth. it has been five years since he has been killed outside of a san francisco's nightclub, a mother's plea to help catch the killer. a murder mystery, who they think the victim was and when they think she may have been

killed.

dna results are expected monday in a murder mystery near the uk. british royalties believe the remains are a female sa to 23. the body was discovered new year's day and the cause of death is not determined detectives are interviewing gamer. they believe the victim may be a local 17-year-old. a family will mark the five year anniversary of the shooting death of their son.

the mother made an impassioned plea to find the killer. >> i try to think positive and believe that i have a beautiful angel now. it is so hard with the anniversaries and the birthdays and the christmas. >> elsa fought back tears as she pleaded for help in finding the killer. 20-year-old alberto was shot and killed january 7th, 2007 near south of market nightclub. police say it happened after he was confronted by two suspects at a nightclub. his mother asked the public to take another look at sketches of the two suspected gunmen. >> somebody has to know something. somebody has to recognize these pictures and we are not going to stop until we catch them and

put them behind bars. san francisco police investigators joined the family at the scene at folsom and 11th street, they say often on the anniversary of the crime witnesses may remember something of the case. there's a $250,000 reward to find the killer. rape means men and boy, it was announced by the obama administration to insure that sex assaulted prosecuted. many rapes had not been prosecuted before. >> it didn't include woman that had taken a drug and unconscious and it didn't include men or boys so it is a difference. last year about 85,000

rapes were reported to the federal and that number is expected to rise dramatically under this new definition. gun control advocates are set to meet in walnut creek marking the anniversary of the tucson shooting, it is to commemorate those that were killed as well as other victims. the vigil is scheduled for 5:30 at the corner of north broadway and civic drive. the brady campaign is hosting the event. allegations of abuse just days before rom marine is set to be sworn in as the new sheriff. reaction from his wife, the mayor and the district attorney and more. and the oakland occupy movement have not affected art murmur but there's something it is connected to. we will have more on that

coming. allegation of domestic violence are swirling around the man about to be sworn in as san francisco new sheriff, ross mirkarimi is not saying anything but his wife is following a report of domestic violence against him. mike has more. >> reporter: here is the in va station to the inauguration now just two days away but before he becomes the new sheriff ross mirkarimi may just have to start answering some questions. the headline, sheriff under investigation. the report an alleged have

domestic violence incident. >> i need to allow the process to move forward. >> the neighbors of the mirkarimi called the police about a heat the incident. >> we are waiting for the police investigation. we will evaluate the case like we would any other case. >> the wife of the former supervisor seen her with her husband at a press conference said in a statement sent to ktvt, what is happening is wrong, i have no complaint against my husband, my husband has never been abusive, we are committed to our marriage and son and family. a spokesperson for the san francisco police department says he cannot conform there was an investigation under way.

people say it is too early to judge the sheriff elect. >> probably should be investigated, i suppose. maybe somebody is after him like a ven detta. check that out as well. and ross mirkarimi has not made a statement and today he did not return the phone calls or text messages. mike mibach. ktvt. a judge sentence add serial child mo lester to almost 30 years in prison. george gaston says 50-year-old julius lewis was sentenced to 29 years in prison for his conviction on five counts of lewd acts with a child. lewis is suspected in several our sexual abuse cases and one of the victims was at the press conference today and spoke about how she felt seeing lewis being sentenced. to see justice being done even though it has taken this long to speak to somebody and

get something done, justice has been finally served. gaston says some of the sexual abuse by lewis dates back to 1989. >> an emotional funeral service was held for five-year-old gabriel lewis, jr., shot and killed at his family's taco truck. there was a huge turnout at saint elizabeth church in oakland. some people wore shirts with gabriel's shirt os them, one offender was his preschool teacher. >> he loved everyone. he would tell you hey, i'm grab yell, come play with me. he made you know him and made you want to be friends with him. >> grab yell is the 3rd child to be killed in oakland in the past five months. police don't know the motive but doubt he was the intended target. no arrests have been made so

far. lawmakers are criticizing governor brown's budget proposal. he released the plan and called for massive cuts in welfare and medical as a way of bridging the gap and wants to increase taxes on the weathiest residents on the ballot. >> the governor should look to plan "b" first that doesn't assume the the revenue. >> it is projected that state is facing the nine billion dollar budget deficit. here is a look at the budget proposal in more detail. the cuts he is calling for include slashing a billion dollars from welfare and another 842 million from medical. governor brown is threatening to cut the education budget by five billion dollars, if voters reject tax increases of those earning more than $250,000 a

year. an annual art event is shining a light on the impact of the occupy movement there. our jane her nen des has more on the artistic expression showcasing the city. >> we are live at 23rd and tell la graph. this is art, paper and sis sers. what transpire with the occupy art movement is creating a lot of news about the event. >> there's not an art gallery representing occupy oakland but the owner bleak -- believes it is hard to ignore. >> these paper lights hang by string along. >> it has so much tension, are they moving together or suspended in space. >> the artist calls it installation stalemate and brings to mind for the owner what visitors might find themselves in the midst of.

>> it may trigger for the viewer ideas about occupy. it might invoke the viewer to investigate for themselves what their position is on that movement. >> reporter: visitors are diverse and inspirational to the owner that say the way occupy supporters view her have changed. >> they find out we are not the enemy, we are the 99% along with them. >> reporter: the director explained to us that the occupy movement have not affected the art, just attendance. a disappointing factor for what had been a growing event. >> this is a group show of our gallery artists called enter locking train. >> reporter: but mary marsh says she identifies with the movement. >> i think there is a connection in the grassroots

activism. i think you know the gallery is here like this gal lerry where we are doing it ourselves. >> it begins in an hour-and-a- half and ends at nine between 23rd and 26th and broadway and telegraph. opponents of the california dream act have fallen short of signatures they needed. they only managed to get about 450,000. the dream act was passed in 2000, it allows immigrant to qualify for financial aid at public universities and colleges here in california. the obama administration is pushing for a new rule to benefit undocumented immigrants. they could apply for a hardship waiver to stay in the country while applying for a green card. current law says immigrants must leave to apply for legal

status and can't come back for two years even if married to a u.s. citizen. >> there is no good reason why we as a country should be separating families. no good reason. >> this kind of effectively blanket waiver is an invitation for marriage fraud. >> the proposed rule doesn't require approval for congress but would require public feedback before going to effect. >> a major u.s. automaker is coming to the bay area. what the ford motor company is planning on opening in silicon valley. signs in life. the signals in outer space that scientists at uc berkeley were

trying to decipher. ford motor has announced it is planning to open a research lab in silicon valley and will employ about 50 people and some brought in for short period of time from michigan. ford hopes to have it opened by this summer. hundreds of the newest cars have rolled in at the auto show at the mchenry convention center. among the cars will be lamborghini and others. folks can ride in and drive

some of the models. the event runs until sunday. the latest hiring figure shows a trend that could be good signs for the economy. in the second half of 2011 jobs pick the up in industries that paid higher wages oil and gas drilling and information technology and architecture. most of the hiring in the first half was in lower paying jobs. a new study about prostate screens say that the testnot appear to save lives. researchers at the washington university followed men between 55 and 70-year-olds and one group had psa exams and a digital rectal examination for four years and the other men had regular care, the men screen the regularly had a slight increase in prostate cancer but no difference in death rates between the two groups. babies that don't sleep

through the night when they are young probably won't get any better sleep when they grow up. researchers from children's hospital found that most sleep problems exist as the babies grow up and could have an effect on the mood and development of children. the researchers suggest that the parents set up a routine to alleviate the problems. it is almost girl scout cookie season and there will be a new variety. the savannah smile, a lemon cookie dusted with sugar. it was introduced to commemorate the scout's one hundredth and na versery. a s.w.a.t. team swarms a neighborhood after guns were shot. the response that kept neighbors trapped in their

homes for hours. bay area weekend is here. i have the forecast coming up in five minutes.

frightening moments for the driver of a target truck in minnesota. take a look at the center of your screen. he lost control of the truck and went off of a highway and broke through an ice in a frozen pond. he suffered injuries but was able to crawl across the pond to get to safety. a s.w.a.t.

team went to a neighborhood when two gunmen fired. we spoke to a witness that heard the gunshots. >> i heard the shots. >> reporter: just after 11:00 last night, s.w.a.t. team staked out rooftops along 9th street between harrison and bryant. >> i heard about three shots and kept walking a little further and i heard four more rounds. >> reporter: emily was just coming out of the store. >> the cops said to go back in the store. >> reporter: several gunshots rang out so close to the central freeways that chb had to shut it down for two hours. >> we did have a safety helicopter at one point. for their safety, we didn't want them to get too close because the fact the subjects had been firing a rifle. >> reporter: the subjects shot and were ultimately forced down a fire escape. >> it appeared that it was

going to be an act of negligence where they were shooting out randomly. >> reporter: police arrested the men at 1:00 in the morning. s.w.a.t. teams did a prospective sweep of the building. some neighbors were angry because they were in lock down for four hours. >> anytime we have an active shooting we want to make sure we have a protection of life. >> reporter: police say alcohol can did not play a role and the men will face weapons charges. in san francisco, ktvt 2 news. the u.s. navy has come to the rescue of the crew of an irany fishing boat. u.s. military officials say u.s. navy personnel heard a distress call. the crew had been held by pirates for several weeks. the sailors boarded the boat

and took suspects into custody. there there a frozen pond there in minnesota and we have these temperatures here. >> yes, heck, it is january, it is winter and we are doing temperatures in the 60s. yesterday we had 70s. tomorrow we will see some more mid 60s. the forecast continues as we have for the past few weeks, no rain in the past five weeks. the big thing is winds at the higher elevations and breezy conditions tomorrow and as you get to the oakland hills or up by san ra fell and china camp you notice the gusts. a few clouds and the high pressure drops down the back side and it is dry, maybe a few snow flurries and the main impact the pressure gradient and the high sits right here

and the difference between the two, a pressure gradient, the wind and what is happening, this is generating the wind out of the northeast and that will basically set us up with another mild day tomorrow with clear sunny skies and whatever coastal fog you saw today or yesterday shouldn't be around with those offshore winds. something we have not talked about, i don't think i have really noticed or remember this time of year, fire danger. with those winds we could see an increase -- we will see an increase in fire danger. the elevated fire danger can go up to 40 miles per hour. we saw it a month-and-a-half in reno when they have the down sloping wind and had snow

afterwards. 65 in napa and santa clara 67. it is beautiful. it would be nice to get some rain but if we can't, let's go golf. might as well enjoy it while we got it, because this is amazing weather pattern. for the five days, you can see it hangs. the oakland raider has a new manager. and signs of life. what the study institute is saying about signals from outer space.

hopes for a close encounter with raised and dashed. uc berkeley had picked up intriguing signals, they were similar to those that might be

produced from an extra terrestial technology but the assignment was short lived. when we checked the website they clarified that the signals were interfered from a radio frequency on earth. fred is in and it sounds like the raiders may have gotten a new gm. >> former player from the 80s, fred mckenzee is the new general manager. 48-year-old mckenzie immediately relinquishes his job of football operations with the packers. the ravens are getting ready for its next game. they had a 13-3 record and they saw the potential early in the season. >> once we went on the road and

had a couple of trips to the east coast and faced a little adversity, i thought the team could be a playoff team. i never thought we would beat tampa like that. we are a good offensive team and made plays to win. at that point it was like this team could be a real good contender. >> the all proteam was announced and 49ers had more proselections than any other nfl team, three defensive players smith and willis and boman plus david acres and andy lee. well he is guilty and going to jail but not yet. floyd meriweather will spend 90 days in jail for domestic abuse but it is after he trains and fights an opponent on may 5th. the fight is in las vegas, the

judge ruled that the economics is worth the delay. money talks. new england patriots will lose bill o'brien and introduced saturday as penn state's first new head coach. he replaces jo paterno and no previous history. warriors and lakers highlights. and the cotton bowl is going on. >> that's coming up. thank you, fred. and thank you for trusting ktvt channel 2 news. stay with us for the at&t cotton bowl class. fox sports coverage of that game is up next and we'll see you next here at 10:00 tonight.