spoken to her for many years. >> reporter: mirkerimi pled not guilty. mrs.lopez says her husband did not abuse her. >> i think it's up to the sheriff on whether the day-to- day operations of the sheriff department can be done. >> reporter: mayor ed lee met with the sheriff today to see if he will step aside during his trial. >> the indication he has given to me is that he will not step away or take a leave of absence. >> reporter: late tonight the sheriff indicated that while he's in court doing matters not related to the office he will not be paid. he will also recuse himself on any trials involving deputies. david stevenson, ktvu channel 2

news. the scandal involving mirkerimi has unfolded quickly. he was sworn in as san francisco's new sheriff. days later on january 13, the district attorney filed domestic violence charges and the new sheriff was placed under arrest. january19th. mirkerimi pled not guilty to the three charges. he's due in court again on tuesday. a trial date has been set for february 24th. a frightening situation in san francisco where an 18-year- old man is now accused of sexually abusing a young female tourist. i'm going to show you where they were found. it was right in these bushes that is not far from fisherman's wharf. it was at mason and north point. you can see on that map not far from fisherman's wharf. ken pritchett is there tonight. he talked to a witness and tells us what that witness saw and what he did, ken. >> reporter: frank, as you said it was behind these bushes right next to this building you see here behind me where police

say they found the suspect christopher dutell and his underaged victim. >> reporter: a tourist separated from her tour group, she was reported missing after visiting this 7-eleven at 4:30 in the morning. >> she did not speak english, but she spoke enough english that they could converse. >> on my way to starbucks i was walking past this way, and i seen some bushes shaking. >> reporter: that's when perry says the man he had seen with the girl popped out of the bushes and started yelling at him. perry says he ran across the

street and called police. >> when they were pulling into the lot, i said i found her, i found her. >> reporter: the suspect was cuffed, both he and the victim were taken to the hospital with nonlife threatening injuries. a missing tourist who allegedly end up a victim of a sexual assault. san francisco's major says it has the city's full attention -- mayor says it has the city's full attention. police have not released the girl's exact name or the country of origin of her tour group. police say that i had couldn't comment on the case because of the investigation. the man we talked to did have information about this case that you should know. ken wayne. kim joined members of the coalition for safe san francisco and the aclu at city hall. they drafted this legislation after discovering that city police were placed under the oversite of the fbi several

years ago. it was done as part of anti terrorism efforts. but that also means the san francisco police are operating under fbi intelligence gathering standards. >> they no longer require any suspicion whatsoever to engage in surveillance, infiltration or use informants. that's why we need to make sure officers are complying to state law. we are now less than an hour away from president obama giving his state of the union address which we will carry live. our washington, d.c. reporter carol han tells us what the president plans to cover tonight and what some lawmakers are hoping to hear, good evening carol. >> reporter: good evening frank. i spent a good part of the day on capitol hill. and lawmakers shared with me what they would like to hear

from the president tonight. here's something we don't see often. a look the white house just before the president's state of the union address. republicans are already tearing the speech apart. >> he's been on total campaign mode since labor day. since the campaign wrote the speech i expect to hear a campaign speech. >> reporter: the white house entered a preview saying if president will talk about boosting domestic training. >> we need to make it in america, rebuild the american manufacturing base, we can do that by spending our tax money on american made goods. >> reporter: in addition to jobs, local lawmakers want to hear how the president plans to help california college students cope with a 21% jump in tuition. san jose bill laughlan will do

to help california's struggling market. >> with a quarter of all the foreclosures in america happening in california and over a third of california homes under water, something has to be done with this housing nightmare. >> reporter: the president will be taking his message on the road starting tomorrow hitting five battleground states in three days. live in washington, carol han, ktvu news. two people from the bay area have been invited to sit with first lady michelle obama at that state of the union address. maureen jobs is the widow of steve jobs. she started several foundations to help people in under served communities to live a better life and help disadvantaged students attend college. krieger attended stanford before law firming his mobile

start up. our coverage continues. you can watch on ktvu. ktvu.com will stream the president's speech live. mitt romney bowed to public pressure and released his income taxes. he paid a tax rate of about 14%. at a rally in florida, romney did not discuss his taxes. instead he criticized gingrich and his work for fannie mae and freddie mac. >> instead of arguing to get rid of these benefit, to scale them back newt gingrich said this is a good idea we should go with it. >> starting at 8:30, our consumer editor tells us what

rates the wealthiest americans are paying in comparison to middle class americans. gingrich says if he is voted president he will undo much of president obama's work. >> by the time president obama lands in chicago, we will have dismantled about 40% of his administration. florida is set to hold its primary one week from today. today the city of oakland will officially lay out its budget that cuts $28 million and more than 100 jobs. oakland major jean quan says she expects to merge some city departments and eliminate some departments. she will present the budget to the city council at a special meeting tomorrow. the council will then vote on the plan next week. tonight concord city council is set to discuss the effects of losing it's redevelopment agency. the disbanding is expected to

affect concerts which has helped revitalize the downtown area. council members are expected to vote. apple reported better than expected stocks sending stocks up. sales of the iphone 4s over the holidays were double what they were compared to the same period last year. sales of i pads were also very good. all together apple reported revenue of $46 billion which was way more than the wall street estimates of $38 billion. now on the flip side, yahoo reported that its quarterly earnings fell from a year ago. that's what wall street analysts had expected so the corporate shares remain unchanged. stocks ended mostly lower on wall street today. a deal to cut greece's national

debt might fall through. the dow was down 33 points. nasdaq finished this day adding two points. richard cordwick told the sub committee he is prepared to sue companies that offer unfair or deceptive mortgages and credit cards. he also said he will work with credit card companies and congress as much as potential. >> this is not only important to consumers, though it's vital to them, it's also important to companies. >> they are now questioning the legitimacy of the presidential appointment which was done during a congressional recess. chris christie is set to veto a same-sex marriage bill. a commission forwarded the bill

in an 8-4 vote. during a town hall meeting, legalization of same-sex marriage is an issue that should be decided by a popular vote not by lawmakers said christie. we just spoke to san francisco department of public works officials, they say residents of this condominium complex are still in danger. find out what the city told us. also, it's a deal and it's a big one. san francisco giants paying $40 million to keep pitcher tim lincecum. up next, why that deal will actually save the team millions. and there was a tense fog advice reu -- adds -- advisory this morning. i'll show you the spots that are most likely to see low visibility. [ laughs ] [ male announcer ] inside every box of heart healthy cheerios are those great tasting little o's made from carefully selected oats that can help lower cholesterol. stickers? uh-uh. a superhero? ♪ kinda.

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the santa clara stadium authority is set to block a ballot initiative that would ask voters to approve $850 million in bank loan s if -r the project. opponents received verification yesterday that enough signatures were turned in to put that issue on the ballot but the authority which is made

up of city council members claims the bank loan decision is not subject to voter approval. the san francisco giants appear to have locked up pitching ace tim lincecum for the next two seasons. the team today announced it reached a verbal agreement on a two year deal worth about $40 million. with the signing, the giants avoided arbitration with lincecum. lincecum will now hit the open market following the 2013 season. thousands of people came to penn state university today to say goodbye to their long time football coach joe paterno. a public viewing was held on campus today and will continue tomorrow. he was fired after a sex scandal involving his former assistance coach. fans say he will always be remembered as one heck of a

great guy. >> he was much more than just a great coach. he was a good guy, i think he tried to get that goodness to rub off on all his players. >> reporter: many are also paying their respects at a statute of paterno. a private funeral and burial is scheduled for tomorrow afternoon. a public memorial will take place on thursday. people who live on telegraph hill are concerned about safety in the area around a huge rock slide we showed you here at 5:00 just yesterday. sal castaneda is there now. tell us about the noises you and the photographer heard as you walked up to that slide area. >> reporter: gasia, when we got here we jumped out of the news van and heard a little bit of rumbling which was unsettling. within the last hour i just spoke to muhammad nuru. he said the rocks on the bottom of the hill will be removed starting tomorrow. until then, people in three units on this side of the building will not be able to spend the night in the bedrooms

near the window. the city says that would put those residents in danger. today city engineers surveyed the hillside to determine the city's next course of action. monday morning slides still has many who live here nervous as residents and others survey the damage. san francisco department of public works officials say there are residents still evacuated from the park telegraph condominium complex. they will not return until the city determines if more rocks are likely to fall. >> i've seen this happen before, not with that volume of rocks. >> reporter: the slide is also a concern of people living on top of the hill which continues to erode. several multi million dollar properties surround the area of monday's slide. in the past, city officials have drill into the hillside and installed protective netting to keep large rocks from sliding below. more of the same may be the solution this time. this resident says she commends officials for taking quick action. >> it's good to see the city so

organized and sending forces and estimators of where to block off the road so people are safe and estimating what levels to evacuate. the firemen came into our apartment. >> reporter: this man who lives near by was here to see the damage from below. >> with all the beauty that's around us sometimes we forget that there is a possibility of things like this happening. >> reporter: now within the last five or 10 minute, the contractor who are going to be removing these rocks was walking around and surveying the area. he told me that, his crews will be out here at 7:00 tomorrow morning to haul those small rocks and the key is that they want to get those rocks out of the way in case more boulders fall that way the bolders won't have anything to roll off of making it safer for the people who live in this building. live in san francisco, sal castaneda, ktvu channel 2 news. let's talk about our weather now, over to our chief

meteorologist. fortunately bill, there's no rain or that would worsen the situation. >> this was a big one. not having rain now certainly does help the clean up efforts though it would be nice to see some rain. it's just not happening. we have clouds out there right now, you would hope those would indicate an increase in storm chances. right now we're developing a high pressure ridge. that high pressure ridge set us up with fog. in the central valley up by marysville, south of sacramento there was a dense fog advisory. i expect we could easily see that dense fog advisory. and the inversion right now not really that pinched down. that's just the way the atmosphere gets winds. fat like this, it didn't show as much fog. when it's real narrow you get that fog. it's supposed to narrow down tonight. visibilities of course you can get down to a quarter mile everyone down to zero in some

places. those are the spots right. those low lying wind shelter. dewpoints because the ground is wet are going to be in the upper 30s. there's no rain in the forecast right now. what we're talking about will be the fog, nights and mornings. the other side of the story the weather story will be the increasing daytime highs tomorrow. daytime highs low 60s as best. tomorrow we're going to go into the mid-60s. it's going to warm up around here and that's what you will notice tomorrow. the fog model tomorrow morning at about 6:00 a.m., a little bit of fog. not only picking up the valley fog. you will see a patch of this fog show up in the valley about 10:00 a.m. you will see the high clouds clearing out in the afternoon. that's going to be part of our warming afternoon. daytime highs tomorrow on the increase as we head into wednesday and thursday. we have the five day forecast with your weekend in view when we come back. rain is what we need, rain is

what we're looking for. a barge is now hooked up to the ground of a cruise ship in italy. it's part of an operation to remove fuel from the costa concordia. the operation will begin saturday and could take up to a month to complete. they busted a hole in the third deck today and found another body. that brings the number of confirmed dead to 16. the search will continue during the fuel retrieval operation. time line is coming to your facebook profile like it or not. the action you can take right now to control what people see.

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the national park service found itself on the hot seat today over the occupy movement. angry lawmakers today called for a crack down on protesters who had been allowed to camp out in the nation's capital. >> i need a definition of camping. because i need to go back to south carolina and tell everyone who wants to spend the summer in one of our parks what camping is and what it is not. >> reporter: today at a u.s. house hearing, lawmakers lashed out at the national park service. they said occupy protesters have been camping in washington, something that is illegal for other visitors. park service officials say they've been hesitant to storm in and evict the campers.

>> and enforcing the regulations against camping could potentially incite a reaction on their part that would result in possible injury or property damage. >> reporter: city officials in washington, d.c. said the camps have become rat infested and filthy and they're asking that the campers be evicted. the park service responded police will soon begin arresting those camping. occupy dc members were not invited to testify at today's hearing but they told reporters they will not leave the parks without a fight. some members of the notorious hacker group anonymous are now saying that they have no intention of shutting down facebook. in an online video posting under the anonymous banner, a narrator asks people to download a special program to launch an attack on the social networking giant at a specified time this weekend. now some members of anonymous

said the attack was not sanctioned by the top leaders. facebook made the announcement on its blog. facebook says users will get a message. time line is a major revamp of the way the site looks with bigger pictures and other new features. israel's leader launched a new law. the law that was imposed in 1981 after the assassination of the president enabled the government to break up protests and inprison suspects without hearing.

the move has some people making plans for demonstrations. police are trying to figure out what someone would want to kill edwin martinez. why does this multi, multi, multi millionaire pay less taxing than you do? still to come, the changes and the reasons to blame.

killed on his way to class. police call this man's death a victim of random violence. police and the man's family are asking for the same thing, rob.

>> reporter: gasia, we're near 21st on navin avenue. take a look here at this sidewalk, these circles, that's where they found bullet casings. about 30 feet away down there is a sidewalk memorial. people have been coming here most of the day sharing their sadness over the death of edwin martinez. a grief stricken serina gaff turned on a candle for her slained boyfriend marijuana. >> - - boyfriend martinez. sabrina got out of the car and screamed that her brother had been shot. >> reporter: they say the gunman then opened fire on martinez and his sister who wasn't hurt. >> there's no indication that they were involved in anything that would prompt this.

there's no information that shows as to why their vehicle would have been fired upon. >> reporter: those who knew martinez said he was studying to be an automobile mechanic. >> great guy. great guy, you know. always happy. always wanted to be around his family. >> always trying to make everybody laugh. and if you're mad, sad, whatever is wrong he was there to help. >> reporter: police and the family are asking the public for help. >> please, please come forward. i shouldn't be here today. >> police say they believe this is a classic case of being in the wrong place at the wrong time. this is richmond's second homicide this year. reporting live in richmond, rob roth, ktvu channel 2 news. health officials in marin county say dozens of people have become sick from a noro virus. almost 90 illnesses have been

reported at two senior centers. both facilities were placed under quarantine but officials say the quarantine at the san rafael location was lifted today because there were no new cases. the virus is also believed to have behind at least 16 illnesses at a preschool which has not been named. officials say noro virus poses the greatest risk to the elderly and the very young. >> it's always in the community, but it's a very verilant. the gastrointestinal causes flu symptoms. no californians died from whooping cough. the first time that's happened since 1991. health officials credit faster diagnosis and the new state law requiring booster shots for

students. republican candidate for president mitt romney is embroiled in a tussle if you will after releasing his tax rate is lower than many working class americans. tom vacar live now where he broke down the numbers and why the tax law seems to benefit the wealthy candidate. >> reporter: well, what we did was we asked folks here on the street to begin with what do you think of the tax core? >> at its code it is simply unfair. >> unfair because it's so huge and unwieldy. where there's complication there's a possibility for corruption. >> reporter: who pays how much tax is a political hot button. the romneys pay just under 14% tax on $21 million of income. the obamas who reported $1.8 million in income paid 26%. the gingrichs who made 3.2 million paid almost 1/3 in

taxes. the average married couple. >> it maybe 21%. goes to a top rate of 35%. >> reporter: patty cook is a certified public accountant. >> congress makes the tax laws. >> reporter: congress determines that working folks who trade their time for paychecks are taxed higher percentaging than the romneys. that's because the romney's income comes from capital gains. that's from interest and dividends on invest ments and dividends and they're intitled to no more than 15%. >> no it doesn't make him a bad guy. doesn't make anybody who avoids taxes legally a bad guy. it means the system isn't fair. >> reporter: and for those who think federal taxes are way too high. >> an individual tax rates are the lowest they have ever been in capital gain rates are the lowest they've been for over 100 years. >> the poorer you are seems like the least you are less likely to be able to manipulate it to your benefit.

>> reporter: and that is the power of lobbying. reporting live, tom vacar, ktvu channel 2 news. leaders of the sikh faith are demanding an apology from leno. leno has yet to issue a response. republican presidential candidate rick santorum gave his on preview of president obama's state of the union address. >> you're going to hear a bunch of flowery rhetoric about all the things he's done. but what he's done is he's held a tax burden on the americans with obama care. >> reporter: santorum held a rally. he said he got into the

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park officials are taking steps to limit the number of people who can climb park dome. park officials recommended limiting the permits to 300 per day. last year the park instituted a lottery system for the permit issuing 400 daily permits. prior to that as many as 1,200 hikers would make the steep hike every day making to what parks called crowded conditions. the audit says the railroad did not go through proper steps when it split a contract and then awarded them to a single vendor. the report also criticizes the agency for lacks of contract management and a flawed business plan. in san francisco today the

environmental protection agency held a public hearing on president obama's plan to reduce vehicle emissions. under the plan, the plan requires improvements to fuel economy resulting in a 50% reduction in greenhouse gases by 2025. this is the single most effective thing that we can do to move our country beyond oil and we're here to make sure that the job gets done. the demonstrators gathered outside the meeting to voice support for the new stricter requirements on fuel efficiency. epa's public comment has been extended until 2014. thousands of people joined a bone marrow registration to help a nurse at alta base. 60-year-old kathy vuganvile has worked at altabates and helped

start the registration. >> there are 30,000 people looking for a transplant, a match. so they are joining a registry and it's public. they're not just joining to see if they're a match for her. >> reporter: bone marrow donors should be between the ages of 18 and 60 and in good health. researchers say swimming over the age of 60 appears to be good for your heart. a small study of about 40 adults all over 60 found those who started swimming a few times a week lowered their blood pressure by an average of 10 points after three months. the study author says the results reflect what experts already recommend, to get regular exercise and eat a heart healthy diet. the findings appear in the report of cardiology. they had about 120 adults fill out diaries on their interactions with other people then gave them all stress tests. the team found protein molecules linked to

inflammation go up after an argument but remain steady during positive interaction. low grade inflammation could contribute to immune system disorders. we have storm coverage coming up but it's not about rain, it's the radiation and energy bombarding us from the solar storm. we'll show you how it's putting on quite a show here on earth. >> back here in 10 minutes, the fog was around this morning it will return wednesday morning. i will let you know the spots that will be the denses and we're talking about a warm up for your wednesday.

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fire heavily damaged a home in east oakland early this morning. fire crews were called to the 1200 block of 90th avenue around 12:30. no one was injured. the fire spokesman tells ktvu the home is vacant. no word yet on a cause? the earth is in the midst of a solar storm right now and it's bombarding the planet with radiation. rob roth has the good news and bad news about this storm -- robert handa has the good news and bad news about this storm. >> reporter: it's mostly good news for astronomers who say the event can tell us a lot about the universe. stargazers are trying to see the effects on the fire storm to bombard earth since 2005. this storm is a series of events starting with a huge solar flare two days ago bolstered by a coronal mass

injection when the sun spewed a large cloud of plasma toward earth traveling 1.5 million- miles-per-hour. it gives us insight into our universe. >> from a scientific point of view. the sun is the nearest star to us. and so we can actually study in detail how stars work and operate. >> reporter: right now the biggest show from the explosive release of energy is a brightening of the electromagnetic spectrum. but all the charge particles can and have caused problems on earth. noa the atmospheric administration says it's interfering with crucial communication. >> all the flights have had to rerouted their flights away from the poll, we know that's happening at the time. >> reporter: noa says it is

also forcing industries that rely on precise -- noaa says this storm is not as severe as others such as in 1989 that caused mayor blackouts. to see the effects, astronomers recommend going to websites that are tracking the storms. american solar direct held a ribbon cutting at its new regional office in santa clara. the company provides solar panels. >> little or no up front cost to the homeowner. they sign up for our service. we put up the solar system they pay a monthly lease payment. this is the company's first office here in northern california. it'll provide service to people in silican valley and surrounding areas including san francisco. let's talk more about our

weather now and over to our chief meteorologist. bill what a beautiful day today. >> we're going to take a peak at the totals. 50% or nearly that in san francisco. 33% in san jose, it was a lot of rain. some places got up to 6-inches of rain. but not enough to bring us back to 100%. we're going to need a bunch more of those storms but we did make a dent in it. as behead outside, temperature -- as we head outside temperatures are mostly in the 60s. there's lots of cloud cover out there right now. fog and low clouds, as we head into tomorrow the morning fog becomes an issue for travelers especially in the northern valley. dense fog advisory was in effect toward davis and vacaville. i would expect to see that again tonight. i would expect to see more valley fog in our valley. little less wind, little tighter inversion. so be prepared for very patchy dense valley fog. that's the weather headline for tomorrow morning. by tomorrow afternoon, we're looking for temperatures to begin to increase. with that we're looking for mid-

50s in some of our warmest spots. high pressure is just over the top of us. a lot of stuff going on on top of pacific. it's out here, there's water, rain and cold air and everything you need. but this high pressure center is driving all that energy north. and that's where weave -- we've been for a while now and it's going to stick with us for the next week. we're going to be dealing with milder temperatures and hopefully we'll cool down, we are going to cool down a little bit toward the weekend as one tweaks too. one might be enough to open up the door for opportunities for rain next week, the middle of next weekful we'll see how that goes. forecast highs tomorrow significantly warmer than they have been. certainly than yesterday or today. 62 in brentwood, 62 in antioch. fog burns off early morning. a little early burn off than this morning. five day forecast then with your bay area weekend in view. as i said yesterday, i wish we had a little rain to talk about

because that would certainly be nice. but we don't. >> any coming up? >> for next week. the year of the dragon can be called the year of the new family. it only comes around every 12 years. already chinese match makers and wedding dress makers are seeing a dramatic spike in busyness. babies born under the dragon are destined for greatness. one mother in hong kong is due in may and even consulted for a lucky day to give birth. five of her coworkers are also expecting this year. a list of those getting the nod contains one surprise after another. >> this is the machine when i was a boy. some danced, some sang, but the secret was always in the clock work. >> the paris adventure film hugo leads the pack with eight nominations including best

picture and best director. this year there are nine movies instead of 10 that earned enough first place votes to score a nomination. they are hugo, the artist, the descendants, extremely loud and incredibly close the help, midnight in paris, the tree of life, war horse and money ball. >> we're going to shake things up. there are rich teams and there are poor teams. then there's 50 feet of crap. >> money ball also earned the most dramatic actor nomination for brad pitt. now here are all of the nominees for best actor in a drama. brad pitt, jean dujardin for the artist. george clooney for the descendant. gary oldman for tinker, teller soldier spy. the winners will be announced

at the academy awards show in hollywood. you can see a complete list on ktvu.com. it's just minutes away, the state of the union address. >> there's no question who the people here in this room are here to hear. just a few minutes away. sweetheart. we need to talk.

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obama's state of union address. it's his third since taking office. the white house has already released an exert of his speech. we know that he's going to focus on energy and education. i believe this is dr. jill biden the wife of the vice president entering now. we are going to bring you the president's address live in its entirety. again he is expected to enter the chambers here right at 6:00. bay area voters have their own ideas on what they would like to hear from the president tonight. rita williams is at a bar-b-que restaurant where they are getting ready to watch the speech. >> reporter: out on the street he may have a little harder time trying to convince others that we talked with today that he can make a difference this year, and four years from now. >> yeah i did i voted for obama in 08 and i won't do it again

because he's like a joker in batman. he turned into the joker. >> i think obama has a real problem. he gets no support from his congress and they are too partisan. and he's power hungry and i think they're all a bunch of bums. >> i think he's doing the best job he can do up against all these ignorant illiterates. >> reporter: we talked with folks on the streets, some previous obama supporters some not. and they had a laundry list on what ails this country and needs fixing. >> we're disappointed with the jobs, we lost too many jobs here. and that's what i think. >> i'm trying to go back to finish school, finish my degree. i'm hoping we can put some money back in education like it was before. >> for him, the president's speech was long on goals for everyone to reach dreams but short on details.

>> we're going to have to outcompete, out educate other countries that's our challenge. >> reporter: i used to work on capitol hill and was inside the house chamber for a state of the union address many years ago, a long tradition. now, it's a chance for this president to campaign for another term. the folks here anxiously awaiting that speech which is now just a few minutes away. reporting live in oakland, rita williams, ktvu channel 2 news. and thank you for trusting ktvu channel 2. >> stay with us for the president's state of the union address.

we are just minutes away from the president's state of the union address. millions of the people are expected to tune in. first we take a look at the

top stories. an ex-girlfriend of sheriff mirkarimi will soon come forward with allegations of physical abuse. mirkarimiinsists that he never abused his wife or exgirlfriends. a contra costa community college student was at the wrong place at the wrong time when he was gunned down. edwin martinez girlfriend lit a candle at a memorial today. the gunman was running after another car and firing at a car then turned and fired at the siblings car. san francisco police arrested a southern california man suspected of sexually assaulting a young tourist in some bushes near fisherman's ward. she disappeared at 2:30 this morning. an officer saw 18-year-old christopher doodle attacking the girl behind a bush. the girl was rescued, the suspect was taken into custody.