. an attempted robbery of this taco truck turns into a gun battle on the streets of oakland early their morning. when the -- the victim fires back. we begin with an investigation into that overnight gunfire in oakland. police say a taco truck worker got into a gun battle with two people trying to rob him. as ktvu's claudine wong reports, the violent confrontation happened early this morning at fruitvale

avenue and foothill boulevard. and she has video you will only see on ktvu. >> reporter: fighting back came at a price for the 32-year-old oakland man. police say the victim, seen here being taken from the scene, was simply closing up the truck at about 1:30 this morning. >> the owner of the taco truck was out doing some routine maintenance and cleaning up when he was approached by two individuals. one of the individuals pointed a gun and demanded money. >> reporter: police say what the would-be robbers likely didn't realize was that the victim was armed, too, and that attempted robbery quickly turned into a gun battle. >> about 1:00, 1:30 in mott everyoning -- in the morning, i heard about five, six real loud gunshots. >> reporter: when the bullets stop, the suspects fled and the victim called 911. police say he was hit three times, in the neck, arm and in the back. >> i talked to the mom. she's worried. >> reporter: police say the

shooter was later dropped off at the hospital and is also suffering from gunshot wounds. police say family has never had problems like this. but when the victim's brother came back, he left with miss brother's bulletproof vest. >> do you guys all care supply. >> my brother does. >> reporter: neighbors say they knew he was coming to work armedded. >> i heard he did. if you are out there at 12:00, 1:00 at night, have you to have something to protect yourself. >> reporter: so police say the victim and the shooter are both in the hospital in stable condition. two other people, an adult and a juvenile are now being detained as persons of interest. as far as would fired first, we still don't know. claudine wong, ktvu channel 2 news. a much-anded legal ruling was made in the battle over proposition 8, the measure that outlawed same-sex marriage in california. the issue was to whether to release the videotapes of the

first federal trial which declared prop 8 unconstitutional. new at noon, tara moriarty joins us live to let us know what the court decided. >> reporter: well, about two hours ago, the court decided to keep the tapings private. judge walker had staff record the proceedings from that trial so that he could use them in his private chambers in order to be able to reach a verdict. sobally what the court said today was you need to uphold that promise. now, this was a landmark trial back in 2010, the first in a federal court, to examining if prohibiting gay couples from marrying violates their rights. now, walker, who has since retired and revealed that he's in a long-term relationship with another man, originally wanted to broadcast the trial in other federal court houses an on youtube. the u.s. supreme court said no after it was argued that distributing trial footage

might subject witnesses to harassment. we spoke to the san francisco's district attorney's office and he says this may be disappointing. some folks may have wanted to see the evidence. >> this really came down to the facts, how it affected lives in and then for the proponents, it was argued -- they didn't really have any evidence to back up that it was gonna threaten traditional marriage. >> reporter: the next subject is whether walker struck down prop 8 on federal prop ground. the panel heard arguments about that a year ago. but does not face a deadline for making that decision. i'm tara moriarty, ktvu channel 2 news. >> thank you. >> you can read more about today's court ruling for yourself. we have posted a link on ktvu.com. go to our website and click on web links. washington state is one step closer to legalizing same- sex marriage. coming up in ten minutes, where

the legislation heads next and its chances of becoming law. according to law, new jobless numbers out today are signaling a steady improving job market. 367,000 people filed for first- time benefits. that's down 12,000 the week before and the third straight week the number of people filing has dropped. tomorrow, the government will announce new unemployment numbers for january. economists exception the -- expect the report to show that employers added -- added 155,000 jobs. uc berkeley police are stepping up patrols following attempted robberies and robberies on and near the campus. there have been nine this year. six of which occurred within within one about four blocks from the campus. police say most of the holdups happened in the late evening

and mornings. a few occurred in the middle of the day. last week one woman was followed around 4:00 p.m., hit in the back of the head and robbed. police call the increase in holdups surprising and troubling. they are looking for a connection between the robberies. >> some of the descriptions were similar and some of the cases, i don't believe that all of them were committed by the same people. but there are similarities. >> police also say the best way to avoid robbers is to be aware of your surroundings and not walk alone or with earphones. police are now investigating a possible link between two deadly shooting in the bay area. a 35-year-old bar berwas shot several times after leaving work last thursday in berkeley. according to the "times herald" kenneth warren may have known or was related to another shooting victim, 38-year-old dorian wells. wells was reportedly holding his 1-year-old daughter when he was gunned down tuesday night

in vallejo. police were called to a deadly investigation on utah and heys street just before midnight. a 21-year-old was rushed to the hospital where he died. a motive is not known. police say the gang and major crimes unit are investigating whether the kill something gang related. >> for the second time this week, a construction worker was buried in a trench in the bay area. but this time the worker was rescued. the recent incident happened in brentwood doing repair work on a septic line. kristin kafton has been -- christien kafton has been following the story all morning with the latest on the investigation and the relationship between the homeowner and the victim. >> reporter: we'll get into the relationship between the homeowner and the victim in a minute. we can tell you that a cal/osha worker arrived on the scene. he took a look and took photos of the ditch which is now

covered, to prevent anyone else from falling in the trench. otherwise, the scene is very much like it was last night, including the iv bag that was used to keep the worker hydrated. a cal i o-- a cal/osha investigator arrived. they met with the homeowner. neighbors say the homeowner is aaron. >> air von a great guy. the guy doing the work -- aaron is a great guy. the guy doing the work is considered family. >> reporter: neighbors say the 50-year-old oakland man was trapped you under hundreds of pounds of thick, wet, clay-like mud. >> we couldn't see his body. we could only see his head. we have to give him oxygen to keep him alive. >> reporter: finally, about 8:30, rescuers freed the man to the cheers of the crowd that

had collected. >> reporter: rescuers say the man complained of injuries to his neck, held and chest. he was taken to john muir. neighbors are just happy he survived. >> it's all good. it's all positive. it's a happy end to a story in a very slow town. not much happens in brentwood. >> reporter: coming bag out to the live shot, you can really see how thick this mud is. you can imagine how difficult it would be to try to escape from that mud. now, the cal/osha investigator says his investigation is getting underway. we talked to him very briefly. he said at this point, he has no comment on his investigation. we're live in brentwood, christien kafton, ktvu channel 2 news. >> and state inspectors say it could take three to four months to complete their investigation into a separate and deadly cave- in. a 12-inch trench collapsed in him pete tis killing carpenter,

raul zepada. al core shaw says there was no permit issued to dig this trench. they were ordered to stop work last month due to the rain- soaked hillside. no fines have been filed yet against that contractor. a woman criticically injured in an apartment fire in on cord -- concord on monday has died. the 34-year-old woman was taken off life support yesterday morning. firefighters found her unconscious in her apartment. no one else was injured but several other apartments were injured. the oakland fire department plans to buy a new fire truck with a federal grant it's about to receive. the department will be getting a $790,000 grant from the fema assistance firefighters grant program. the funding will help purchase a new aerial fire truck. the fire department says it will improve response times to neighborhoods in the hills while lowering maintenance costs currently spent on its

aging fire truck fleet. more violence overseas today. more fallout from a tragedy that involves a soccer game. the bay area is heating up quickly today. mark tamayo is up soon to tell you what to expect in your neighborhood. i try toad cut it out of my diet -- i tried to cut it out of my diet before and i definitely crave it. >> a new bay area study says that sugar is so dangerous, it should be regulated. [ male announcer ] southwest makes the call. man: please swipe credit card.

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. protesters took to the streets of cairo today after a soccer riot that killed 74 people yesterday. they blamed the nation's police who they say stood by and did nothing. there are reports security forces fired tear gas today at the 10,000 demonstrators outside their headquarters. two top officials have been fired and egypt's prime minister says he's launched an investigation. at the nato ministers meeting in brussels, support seems to be growing for an early withdrawal from afghanistan. flying their yesterday, leon panetta told reporters the administration would like to see the afghans take over their own security by the middle of next year. nato security general echoed that idea today. however, some, including a

former u.s. ambassador, to afghanistan have said it's a mistake to set such a short time line. governor brown has appointed a 54-year-old lawyer from martinez as the newest superior court judge in contra costa county. right now, terry mockler is the assistant public defender. she's been with the public defender's office since 1985. a graduate from hastings school of law, she replaces peter berger, who recently retired. classes are canceled for the rest of the week at the san francisco high school where hundreds of students came sick. s.i. high school is being disinfected. the special cleaning will continue at the school today. more than 300 students were stickenned by a stomach -- sickened by a stomach that was possibly caused by the highly contagious norovirus. a bill to legalize same-sex marriage has cleared the state

senate in washington. >> 28 nays -- [ cheers ] >> the bill now heads to the house where it's expected to pass as early as next week. washington's governor says she will sign the bill into law. that means washington is likely to become the 7th state to allow gay marriage. opponents are already vowing a legal challenge. republican presidential candidates are campaigning in nevada today ahead of that state's caucuses this saturday. newt gan give made a campaign stop this morning -- gingrich made a campaign stop this morning. he talked about the differences between him and mitt romney. >> what the poor need is a trampoline so they can spring up and quit being poor. [ cheers ] >> so i'm for replacing the safety net with a trampoline.

>> all right. >> in the men time, donald trump has confirmed that he will endorse romney's bid. trump is expected to make the announcement in las vegas around 12:30. and stay twus for continuing -- with us for continuing coverage. ken pritchett is heading to nevada for the caucuses. congresswoman jackie speier wants to know why a national park ranger taseed a man who had been stopped for walking his dogs off a leash in the golden gate area. it happened on sunday near montero in san mateo county. a witness says after handing over his identification to the ranger, the man told him to cite. speier says she's sent a letter

to the superintendent asking for more information. sugar is toxic an should be regulated. that's the conclusion researchers at ucsf reached in a new report. it suggests sugar is as dangerous as tobacco and alcohol and is responsible for 35 million deaths a year. people we talked to this morning did not dispute those findings. i tried to cut it out of my diet. i definitely crave it. >> yeah. >> and the longer that i'm without it, the easier it gets. so i compare that to being addicted to something. >> we've known that for a long time. we love the taste of it. as far as will and discipline, we have to get sugar out of the diet. >> reporter: one of the researchers says they won't cut out sugeor an their own -- sugar on their own. the occupy protesters floating on lake merritt are now on terra.

activists returned but their floating house called oo hope floats is now watt of the water -- out of the water. the world's-most famous groundhog made his annual prodick shin this morning -- prediction this morning. punxsutawney phil emerged and saw his shadow. that means there will be six more weeks of winter. thousands braved the temperatures for the event that's been a tradition since the late 1800s. our forecast, at least in the immediate future, does not agree with that one. in fact, a lot of sunshine out there. temperatures on the mild side. the warmest bay area neighbors will be approaching the 70- degree mark. right now, the latest in the

satellite, as you can see, we do have a few scattered high clouds out there. but for the most part, mostly sunny skies and temperatures already beginning to warm up after a pretty chilly morning. look at fairfield right now, 66 degrees. concord at 63 and san francisco right around 61 with mostly sunny skies. high pressure is in full command. as a result after a few sprinkles we had earlier on tuesday morning, actually tuesday into wednesday, the main storm track pushed back up to the north and today will be the warmest day of the week and that means the warmest locations right around the 70- degree mark. so temperatures, in general, from 60 to 70 degrees in the 2:00 or 3:00 this afternoon. dry weather pattern continues and the next question is when will it rain next? here's the updated forecast model. we'll be dry friday. just a few clouds for saturday and sunday. monday increasing clouds and look what happens into tuesday. we could be talking about increasing rain chances. the latest forecast models over

the past couple of days have been bumping up the chances for next week. we'll watch that for tuesday. for today, it will be mild at 3:00. by 5:00, still fair skies. 55 to right around 62. and then cooling off rapidly this evening with temperatures down to the 40s all the way to the low to mid-50s. here is a look at the numbers this afternoon. santa rosa, 69. there's that 70 showing up in fairfield, right around 70. san francisco at 63. san jose tops out in the upper 60s and half moon bay 62. these temperatures will check in right around 3:00 this afternoon. here's a look ahead to your extended forecast -- with your weekend always in view, temperatures come down. a few high clouds will continue to move into the bay area. nothing threatening just yet. and for the weekend, it will be dry with partly sunny skies. temperatures mainly in the upper 50s to the 60s. and then we think about the cloud cover into monday. right now, i'm prepping the forecast we're gonna do

tonight. we do have -- it won't be a major deal. but still, maybe some light to moderate rain on tuesday next week. but today, early february, 70- degree heat. >> we will take it. tickets for the burning man festival are on fire. organizers have already sold 40,000 tickets during two rounds of lotteries. the tickets cost $395. burning man take place from august 27th to september 3rd this year in nevada's black rock desert. when we get back, what menlo park is asking from facebook that's connected to the

. investors kind of coasting today while they await tomorrow's reports. bonds didn't move much. right now, taking a live look at the big board, the dow is currently down 2.5, at 12,713- 6789 the nasdaq is up 11. s&p is up 2. the city of menlo park wants to get something from facebook in exchange for allowing the company to expand its new headquarters. the company has already said it wants to make it easier to bike to the campus on hacker way but menlo park is also looking for

financial assistance and a plan to prevent people who live nearby from being displaced by football workers -- facebook workers. the city will choose priorities and a meeting later this month. the oakland zoo has a new addition. maggie made her big debut this morning. she was born about two weeks ago. zoo officials say at birth, maggie weighed in at 80 pound and lass was about 6 feet tall. she's the first female giraffe born at the zoo in almost a decade. >> we've had many healthy born here but it's been a while since we've had a female. so it's been pretty exexciting for us -- exciting for us. >> next week the zoo is hosting a conference for giraffe care professionals. tonight at 5:00, the facebook artist who worked for stock options and now he's

reportedly made $200 million from those -- those options. tonight you will see the art that helped had make him a multimillionaire. thank you for trusting ktvu. we're always on at ktvu.com and ktvu mobile. thanks for watching. and have a great day. [this broadcast captioned by erin c. mcclure]