. a big decision. ktvu channel 2 news continues. complete bay area news coverage

starts right now. this is channel 2 morning news. it is thursday, february 2nd, and let's take a quick look at weather and traffic, here is steve. we have mostly fair skies this morning, nothing compared to yesterday, it is also cooler at there with 30s and 40s , a dome of high pressure is building over us and we will have warmer temperatures with mid-60s, here is sal. we don't have a lot of stop- and-go traffic, we certainly have noticed a lot of people arriving and this morning on the san mateo and dumbarton, there is still no stop-and-go traffic. turned into a gun battle on the streets of oakland. claudine wong has been talking with police and family members, what do you know now?

>> well the brother of the victim said they owned this taco truck for almost 30 years and he is always apparently in charge. when two armed men tried to rob him, that is when this gun battle started. police tell us both the victim and one suspect were hit and at last were both in stable condition. this is video of the victim taken from scene. he was suffering from gunshot wounds to the arms back and neck but he was able to call 911 after the suspects disappeared from the scene. >> there are a couple of people, two people at local hospitals that are in stable condition with gunshot wounds. >> reporter: the suspect was actually taken to the hospital by somebody else. he is being treated but is under arrest in connection with

his robbery. in the meantime the victim has his family with him. this is video from his brother you can see him holding a bullet-proof vest. his brother always carried it with him but for some reason was not wearing it when all this went down. claudine wong ktvu channel 2 news. a man is recovering after getting buried alive. he was helping to repair a septic line when a 10-foot trench caved in. christian captain has pictures of the dramatic rescue. good morning christian. the scene here is being preserved for cal osha and as we take a look, you can see there is rescue equipment left over from last night's scene, evidence of that long and difficult rescue. the collapse happened at 530 and an oakland man was trapped up to his chest under hundreds

of pounds of wet clay like mud. firefighters arrived on the scene, they were able to give him fluids. it took firefighters three hours of removing that mud bucket by bucket. finally at 8:30 rescuers pulled the man free. by the time rescuers pulled him free, a crowd cheered as they pulled him out. the victim was taken to the medical center to be checked out. coming back out, the plywood over the scene was not here at the time of the accident. we also know there was no plywood to sure it up and it is not clear if he was a contractor who was out here. that is why one of the scenes set to arrive to see what happened, we will stay here on the scene until cal osha arrives to find out what it has

yielded. christian captain ktvu channel 2 news. now we have an update on the story, we have been following this, this morning and it is about a teen-ager with special needs. he has been found safe. hospital workers at stamford medical center called them and say the teen walked into the emergency room. they say he is in good condition and has been reunited with his family. he was reported missing after being last seen on the campus of the college on tuesday. they released some very disturbing surveillance video of saturday's riots in downtown oakland. now that video shows occupied protesters burning flags outside city hall. you can also see them breaking into and vandalizing st. hall. several people were hurt and

occupied protesters claim it was police who started all the trouble. they plan to sue the police and county of alameda. they will decide whether to release a videotape of the landmark and in that trial a federal judge declared same sex marriage ban unconstitutional. now lawyers who challenged the ban say the video should be made public but opponents of same sex marriage worry they could experience some backlash if the video is unsealed. >> 28 yays 28 nays. >> they cleared the state senate. they will head to the house as early as next week. washington is lookly to become the 7th straight and opponents

are already vowing a legal challenge. leon panetta announced a speeded up withdrawal of americans to combat troops with afghanistan. the obama administration wants them to take the lead in combat operations and backlash is coming from republicans. the government's list of suspected terrorists of those ban from flying to and from the u.s. is growing up to 21,000 names over the past year. that is because of changes of what causes a person's name to be added to that no fly list. in the past a person had to be considered a threat to aviation to be put on that list but now they are a threat or if they have attended a terror training camp. let's check in for a look,

pam? >> what happens, the brush fire and that was reported in that same area so it if it is there, it is not putting up any smoke but we are checking it out just to be sure. let's look at the commute and traffic is moving along relatively well if you are driving on the san mateo bridge or for that matter on the dumbarton bridge. the traffic continues to look good. also the morning commute looks good on north and southbound 880 coming passed the coliseum. for the most part all the roads are doing well, let's go to steve. it is cooler, no doubt about it, i want to show you high pressure moving in and it will be a mostly sunny day with

30s and 40s and high develops to the north and filling it with wind mostly sunny, widespread 60s today, a northerly breeze will help. it will make it feel cooler in the morning and give us a warmer afternoon. fair chilly or cold, however you want to look at it and a little bit warmer this afternoon. kept wood all the way to palo alto, los gatos 38 and woodside beau canon, temperatures are continuing to cool and if it was not for the breeze it would be even cooler at napa airport, a north breeze but that's enough to keep temperatures up and breezes are off to the north and south of that, it is calm conditions and mostly clear skies. this system has no chance and it is mostly sunny and if it

was not for the clouds, i wouldn't say that. we will get into a few mid-to- upper 60s, today we have mid- 60s and santa rosa 60. east bay and peninsular as well over towards redwood city and san mateo, santa cruz looking good, mostly sunny to mild and warm conditions and it will take us to the weekend and next tuesday believe it or not we can get a little rain. the second survey has some worried. there is still not a lot of water in the know. there is more than a million acres depending on the snow million. still no major concerns about water shortages and that's because the above average snow pack left plenty of water in

the lakes. it is a legal move that has triggered a controversy why a florida billionaire is adopting his girlfriend. first in berkeley and then in vallejo, we have a potato connection between the two murders.

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. happening right now, a house committee is holding a

hearing in washington, they are looking into the sting program. that is attorney general eric holder who is testifying about this controversial program. , it happened between the u.s. and mexico. he apparently lost track of those weapons. they ended up in the hands of mexican cartels. they accused the justice department of engaging in a coverup for failing to turn over information for that program. also they are demanding $25 million for the bureau of alcohol tobacco and fire arms in a wrongful death lawsuit. that is because brian terry, his family claims the failed

program led to his death : two possible shootings in the bay area, a 35-year-old barber was shot several times after leaving in berkeley. according to information, 38- year-old dorian wells was related to the victim. he was holding his one-year-old daughter when he was gunned down. an end in is sight. leon panetta said the plan is to wine down fighting as soon as next year. live in the washington d.c. newsroom we have what has people so worried. >> reporter: they are slamming the defense secretary's plan on services committee california congress, until there is

information it is premature. leon panetta said they want to end the combat mission and move troops into a training role but it has some officials worried based on a report with thousands, they detailed a strong drive retake afghanistan once coalition forces leave. it is not just questioning leon panetta's announcement, joe liebermen said in a statement there is no military rationale for accelerating the current timetable and former u.s. senate tow is weighing in on the timeframe, here is what they have to say. this is a response, a 2009

plane crash where 50 people were killed in new york and neither pilot went to sleep the night before the plane crashed. under the new rules, it will be cut back and minimum rest times will be extended to two hours. >> they plan to lay off as many as 13,000 employees as they tried to emerge from bankruptcy. they serve two of the bay areas, three major airports. they will cut pilots, flight attendant dance, mechanics and managers and plans to replace older planes with more fuel efficient jets. a bicyclist fatally injuring somebody could pled guilty. he ran a red light when he hit the 60-year-old pedestrian and is charged with misdemeanor man slaughter. if convicted, he faces up to one year in jail.

he died after crashing into a car while riding his skateboard. the accident happened in marin and the car was making a left turn when tyler crashed into it and he was rushed to the hospital, he died yesterday and police say he was at fault because he was riding right in the middle of the street. time now 617, a florida billionaire about to go on trial made a controversial legal move. he is taking a move to adopt his girlfriend and this could shield him from a wrongful death lawsuit. he had been drinking before he ran a stop sign and killed somebody about a year ago. they are furious about the decision by the billionaire to adopt his girlfriend. wanting to go back over to sal, how is it looking, sal?

it looks good, we had couple of earlier incidents that did not end up affecting the commute too much. san francisco 101, traffic is looking good and we do have incidents that happened earlier in the morning. we do get lucky if they are cleared quickly and this is when the bay bridge is getting more crowded. if we were to have something now for example on the bay bridge it would have a bad affect. we are hoping it stays clear on that span and the morning drive, as we look at the road sensors, nice and clear, although there is a minor crash that popped up. northbound 101, it is actually debris, 13th street, there is a television and some other electronics in the right lane. that could be very dangerous, i don't mean to laugh but i wonder how these things get on the freeway. let's go to steve.

we have a calmer pattern, some upper 30s , i will show you those in a second, a few high clouds, sunny and warmer temperatures as high pressure builds back in. kentwood 35, alamo 37, mill valley still holding steady at 39 and palo alto 37 degrees. 30s and 40s, 38 santa rosa, sonoma airport, they lost the breeze. i saw livermore 37, san jose 31, redwood city 41 as well. high pressure is building in a big way. low pressure to the south and we get a northerly breeze, overall it is a dry pattern and warmer pattern some 60s and mostly sunny and a few upper 60s with a northerly breeze.

extended forecast does show a quiet pattern, warm mild conditions, rain looks like it is on tap for tuesday. pam? ben bernanke will testify to the house budget committee and he is expected to talk about the slow moving economy may need more help from the feds. he also says it could send the economy in reverse. feds signal a full recovery could take at least three more years. citibank customers could receive a jolt as they list it as tackable income -- taxable income. they opened a checking or savings account with citibank next year and usually the rewards are not taxable because they are considered a rebate on something purchased. we have not heard from the

internal revenue service yet. >> but we will. >> time now 6:21. a brand-new elementary school may not open as scheduled and the one thing that is missing. an out of this world sight, a bright ball of light was spotted in the sky last night. your home with two scent levels to choose from for when you want something light

or something more. it's the new flip & fresh from air wick. the lasting fresh fragrance that brightens your world with a flip. something in the air wick.

. people in oklahoma and texas got an unexpected light, they caught this bright ball of light moving across the sky. the federal aviation got a lot of calls about it and they say it was probably a meteor. they filed the paperwork for an initial offering. facebook rose to $3.7 billion last year and if everything goes as planned, the initial stock could make them instant

millionaires. no facebook employees were willing to talk to us but car dealerships were already preparing for a boom in business. some state lawmakers are also hoping the economy will be boosted when they come into their new wealth. the new millionaires could generate a lot of tax revenue but one is warning them not to count on that money right now because nobody knows how long it will take for that to trickle down into the state treasury. the initial offering is expected to take place in about three to four months. the school may not be able to open in the fall because there is no money to build sidewalks. it was supposed to come from santa rosa's redevelopment agency and that agency along with every other redevelopment agency was eliminated because of the budget deficit. without a safe area for

children to walk, the city will not allow the school to open. showing an emotional reliance on the internet and is a growing problem for children around the world. almost half the preteen children and children surveyed said they would feel sad without the internet. a study shows teens are addicted to being online. that means they would rather be on the internet than spend time with friends and family than even going to sleep. they say they can fix the problem by restricting the amount of time they spend online. a new suggest study -- sugar study, some say it should be treated like tobacco and alcohol. a victim of an attempted robbery, we will tell you how he fought back and what his

family is saying this morning. pam will have your early stock numbers coming up. stay tuned for more news weather and traffic. s fee. [ whistle blows ] whoa, whoa, whoa. break it up! please swipe credit card. i've got roughing the passenger's wallet.

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. there is the opening bell live this morning, we will tell you what happened in asia that could affect stocks when we have all the business news. we will smile and say good morning to you. it is thursday, february 2nd, i am dave clark. >> thank you for joining us, it is 6:30. >> well would be robbers pulled out a gun and he started

shooting back. it happened in east oakland. claudine wong joins us from the scene with exclusive video and she also has more on what family and police are saying this morning, claudine wong in. >> reporter: well it all happened and when we got on the scene this is where all the evidence markers were laid out. this was a gun battle they say and when it was all over, the victim and suspect had been hit. i want to show what happened when the victim was taken from the scene. they say the 32-year-old always worked the night shift. >> he usually locks up at about that time and it was right at about the time they were closing up tonight. >> reporter: well it was not clear at first if the suspect had been hit as well, remember there were two of them but shortly after police say a man was brought to the hospital

with gunshot wounds. the suspect and victim at least were both in stable condition. >> reporter: that was the victim's brother, he was holding his brother's bullet- proof vest and he was not clear why he was not wearing it when all this happened. the victim's brother said they have never dealt with anything like this. claudine wong, live in oakland ktvu channel 2 news. the then killer says he holds the answer to an unsolved kidnapping almost 25 years ago. she was kidnapped from a convenient store parking lot, a death row inmate believes his long time partner in crime may be responsible. investigators admit he looks a lot like the schedule artist.

>> we have other leads too with whom there were similarities and if you recall phillip better right tow looks like him. >> he took his own life in prison last year and authorities say he has provided false leads and other profile cases in the past. sugar is objection to six addictive and shoulding regulated. according to the report, it caused 35 million deaths a year. and there are reports that sugar is just as dangerous as alcohol and tobacco and should be controlled. we are asking you our viewers on facebook to you think it should have monitoring? >> well what is next, regulated

salt? >> lynn writes, it is up to the individuals to eat smart not the government to regulate. tell us what you think, go to our facebook page and we will share some of the comments coming up on three. president barack obama is attending the annual prayer breakfast in fact he wrapped up his comments five minutes ago. >> if we leave or abandoned morals at the door it has held our selves together for centuries and allowed us to become a more perfect union. >> a prayer breakfast is hosted by members of the house and senate who meet every week at the u.s. capital. now we are hearing they

will endorse him later in las vegas. he will make a major announcement at 12:30 at his hotel in las vegas. he met in december in new york city and newt gingrich was the only one who agreed to appear in a debate, donald trump was one they wanted to host. now make sure you stay right here for continual coverage. we will have live reports right here on ktvu channel 2 news. there with two knew leaders, he has picked a fire chief and one of those slayings is making history. time now 6:45. here is more about sal. he knows more about where you need to go, sal?

it is pam until 7:00, good morning everybody, let's go out and take a look at what we have now. we have a crash on the pass. it is westbound 580 at grand line road and it is not a serious wreck. nevertheless it is causing some traffic on the way to livermore and it is busy in this area. interstate 880 looks good as you head south. let's look at fremont, you will see traffic getting bunched up here. and this morning's commute, on interstate 880 moving in both directions. we had the fog and drizzle, temperatures to near 50s. more dry air coming in, it will

still be sunny and warm. it is going to be enough to give us dry weather, high pressure to the south and north, cooler morning but a north wind not too strong, fairly chilly, cold, sunny and warmer later on, clouds thin out, alamo 37, gilmore and los gatos 38, still holding steady and palo alto, concord sonoma county airport, inn clouding napa and into fairfield, talk about a tenuous system. mostly sunny a chilly morning and a few high clouds will carry us to the morning hours, nothing too outrageous and we

will get some mid-60s and we will get to 67 degrees and santa cruz should be a beautiful day. mountain view sunny veil as well, extended outlook has lots of sunshine, mostly sunny, increasing clouds monday and tuesday does look like some rain. surfers and fans still waiting for the mavericks search contact. once the conditions are just right, surfers have 24 hours to get to the bay area. it will be open through march 31st. the america's cup race begins and behind san francisco's groundbreaking hiring law is now getting involved in a new way. he wants to force race organizers to hire workers from san francisco for most of its

construction jobs. he wrote the recent law requiring san francisco residents for at least 20% of work financed by the city. new this morning, uc berkeley students after a spike of trouble willing robberies. here is how the police are responding to this, tara? >> reporter: they are adding plane clothes officers and stepping up patrols on the south side which is where we are south side of campus and that's because of the number of robberies same time last year. police say it is surprising and trouble willing. this year -- troubling, this year they had 8 attempted robberies. 6 happened less than four blocks from the campus, stretching from the west passed the residents hall to piedmont avenue to the east.

now there were robberies north of campus just before classes began january 71st and police say they cannot explain the rash of robberies but it could be due to an increase of students after the stay of the some must terrible. coming up, we will tell you how one of the robberies were violent. we will have more stay tuned. and it resulted in more than 70 deaths. a trench collapses, we will tell you why investigators are preserving the scene. good morning if you are driving in marin county, so far so good from novato to san rafael, we will tell you more about the morning commute and bay area weather. cçrrú

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. it happened a short while ago at food veil and foot hill. the victim was shot three times but is expected to survive. one of his attackers was also wounded in that gun battle. a teen has been reunited with his family. he was reported missing

tuesday. hospital employees at stanford medical center said he walked into the emergency room this morning. deputies say he is in good condition. defense secretary leon panetta is outlining a new timeline for troops. he wants american forces to transition to a training roll by the middle of next year, however u.s. forces will remain as scheduled through the end of 2014. a 15-year-old oakland man remains -- 50-year-old oakland man was helping repair a septic line when a 10-foot trench suddenly collapsed. christian captain is outside the brentwood home when cal osha was called to investigate. >> it has been frozen aside from taping it off to preserve the scene for cal osha

investigators. the plywood will keep people out of that 10-foot deep trench and there is evidence everywhere of that long and difficult rescue. >> reporter: the collapse happened at 530 yesterday, an 0 oakland man was working when the sides of that trench collapsed in on him trapping him up to his chest with wet clay like mud and by 8:30 finally they were able to pull the man free. >> they removed by hand of all the dirt around the victim. [applauds] >> now you can hear the crowd cheering by the time they rescued him, they were cheering. coming back to alive shot, obviously we were not here at the time of the accident but we learned there was no plywood in

that 10 from the deep trench at the time of the collapse. it is not clear if the man was hired by the homeowner and that's part of what the investigation will be looking at here once cal osha arrives and we are waiting to find out more about the course of their investigation. for now live, christian captain, ktvu channel 2 news. it could takes months to look into a separate cave vin. it skilled carpenter raul. building inspectors ordered construction to stop last month due to concerns over the rain soaked hillside. no charges have been filed against the contractor. as many as 100 people have died when their ferryboat sank off the coast of new ginny.

they took the photos you are looking at here. rescuers saved more than 200 survivors from the sea. crews are still looking and that ferry was ten miles from shore when it started sinking. still no word on why it happened. now three days of national morning have been declared in egypt. 74 people died and at least 1,000 were hurt. when egypt's top soccer team lost the game, fans ran on to the field and it triggered a riot. the prime minister dissolved the board and rereferred each member. they have already reskyped. theresa reid is the first

to lead a fire department in the united states. the veteran firefighter spent many years working and living in oakland. >> i worked my way up the ranks, i was a driver which i thought was a really good job, i was an inspector and company officer... >> also, he served as interim police chief since october and jordan is a 24 year veteran of the department. she was a teacher who touched a lot of lives, and coming up at 705, the traffic injury that now has her fighting for her life. checking in on busy spots for the commute, sal? it is getting busier and we have a crash in salvano county

at the cornelia junction and now they are sending par met six, it may be affecting some slowed traffic and it looks like injuries are downgraded and they are not as serious as we thought. so you moved down and it looks like 80 has food no major problems on the bridge and if you are driving, that looks good. let's go to steve. we have mostly clear skies, higher clouds will clear out and it will be sunny and warmer, a chill in the morning air, some of these high clouds are spilling over the ridge of high pressure and it will be here all the way through the weekend into next week. forecast headlines we have mostly sunny and a warmer

forecast. temperatures will rebound, not that outrageous, sunny and mild again, mornings are cooler, no doubt a dryer air mass, weekend looks good, 60s for temperatures, overall dry, month come are you, still 39, palo alto also 39 same for concord and sonoma airport, san jose is down to 41 and oakland airport is 41 degrees. northwest 12, northwest santa rosa and north at napa airport, painting themselves over the north bay more than anywhere else they will wash away and we will have sunshine mostly fair and warmer weather. a little warmer today and a breeze helps but makes a chill in the morning air. low to a few upper 60s today.

and we will say 60s and pleasantville, sap carlos city, santa collar are, it always has the weekend in view. we will take it to since a day with increasing clouds. it will cut 370 jobs from the workforce. they report a lower 4th quarter profit and is warning of a tough year ahead. meanwhile they face a profit of $1 billion and reported losses during the same time last year. and this is a very big week for gamblers as they place their bets on the super bowl. all bets could top $90 million which would be a near record,

most events are on which team and player will score first and even how long it will take her to sing the national anthem. a tragedy at away area nursing home how it led to a huge fine. and punxatawney phil, we will tell you what he said when we come back. [ male announcer ] southwest makes the call. man: please swipe credit card.

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. dow jones industrial average down 21 points, retailers took a bit of a hit, warmer weather reduced sales of jackets and sweaters and it is not as good as expected this morning. they are given a daily city nursing home the most severe fine allowed under california law. and it came after an investigation revealed a residents death was directed connected to inadequate care at the nursing center. class also be canceled at the san francisco high school where hundreds of students became sick. they have been busy disinfecting the school.

more than 300 students became sick with a stomach bug and they say it is probably the highly contagious norovirus. and edwin ramos' own cousin is expected to take the stand for the prosecution. he is expected to have damaging testimony. edwin ramos killed tony balogna and his sons michael and matthew bologna back in 2008. he mistook them for rival gang members. and they will be heading to the computer in a few hours. they will get a chance to buy regular season tickets in the annual giants fanfest. photograph says the weather will be nice.

the grand hog -- steve says the weather will be nice. the groundhog punxatawney saw his shadow. the legend says that means there will be six more weeks of weather. thousands wait out in the cold just to see punxatawney phil make his annual prediction. >> it is coming up on 7:00, let's check in with sal for a look at traffic. >> i tonight care about your annual prediction. let's look at what we have, traffic is moving along well but it is getting busier for sure and also approaching the toll plaza from our camera and there is a backup of about 10 minutes. and in fairfield, west 80 at the truck scales, there may be a little bit of a delay but it is still okay through that area. let's go to steve.

mostly fair, a few high clouds, it is clear, mostly sunny skies, they are hanging out more and they will thin out more later on. most live fair, a dry pattern for a while. coming up next on mornings on 2. live coverage from berkeley just ahead. an early morning gun battle between a taco truck worker and suspect. we have exclusive video, stay right here with us.

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