photographed her shadow. >> i thought it was a homeless person sleeping it off. >> so she went out for coffee. >> when i came back he was laying in the same position. so i got closer. i didn't touch anything, but i saw his face was bruised and it didn't look too good. so i went upstairs and called police. >> reporter: the victim was sprigs, he was not homeless. one neighbor says he saw sprigs on the sidewalk and did know help, now he feels terrible. >> reporter: neighbors we talked to say they often here people fighting and screaming. some people say they don't want

to get involved or they think immigration officers will come for them. >> people can become indifferent and we see people sleeping on the streets and on the corners and the neighborhood isn't done with that yet. >> you just think, you know mind your own business. yeah but if i were screaming i would sure want a total stranger to call. police are awaiting autopsy reports but sources tell us they have very strong leads in this case. rob roth, ktvu channel 2 news. as we first told you at 5:00, the domestic violence suspect who was mistakingly released from the hospital is now back behind bars. robert handa live in hayward with the new information he's received from investigators during the past 50 minutes. there is a much different mood in the neighborhood right now. a police car still stationed here but the neighbors are no longer so afraid. >> the strange chase started

saturday night when jose hernandez came to an apartment complex. police came here after his ex- girlfriend called police. then paramedics had to treat hernandez after stabbing his chest and slashing his throat. at around 4:30 this afternoon, a hayward special duty searching some of hernandez' old addresses spotted him in a car at castro valley boulevard and stanton avenue. police say he surrendered without incident. neighbors say they are released for himself and ex-girlfriend. >> thank god they caught him. thank god but the lady is not here. and i hope she get it is news that she's already caught. it makes a relief for this neighborhood. police say at this hour hernandez is being held in the hayward city jail on $110,000

warrant that was issued. robert handa, ktvu channel 2 news. police in the last hour released a time line of the events last saturday night. they say at 8:45, peter suco reported a trespasser on her property. at 9:02, officers received a call of an attack in progress. police say officers were dispatched within one minute. >> we would like to avoid this from obviously from ever happening again. we will look at everything and see if there's anything we need to do. >> reporter: 23-year-old daniel dewitt is under arrest for that killing. stocks are inching their way back to the top. take a look at what happened today. this shows today's trading activity. the dow jones peaked above 13,000 not once but twice. once at noon eastern time just

by 30 second and for a little longer at 1:30. it's a milestone the market hasn't reached since may 2008 before the financial crisis. tom vacar joins us now. he joins us from main street. >> reporter: here on main streets here and around the country when big round upward numbers are about to be reached wall street kind of begins to make sense again. today the market felt just short of the big 13,000. >> you don't have to actually reach a goal in order to feel inspired by a new number. con consumer psychologist kim yaro. >> what it gives them is a sense of optimism and definitely it will affect consumer confidence in the exact same way the negative numbers affected greatly consumer confidence. >> experts say the market would have blown past 13,000 today expect for three nagging fears. >> the price of gasoline going higher which is not going for

the committee. you have unemployment that could be going higher. then the euro zone, why there's a tentative agreement with greece we're not sure that's going to hold. >> reporter: the market closed just short of 13,000. that's better than the bottom hit in march of 09. today it's still well below the peak of 07. if you had $10,000 in the market at the peak it was cut by more than half at the bottom. today almost three years later you still haven't recooped all your losses. >> it goes up and down all the time. to me it hasn't recovered. >> did you do well? >> yes, we've done good so far. >> reporter: and so the concept of a slow recovery is proving to be very true.

reporting live, consumer editor tom vacar, ktvu news. the court battle over medical marijuana dispute could go to the circuit of appeals. >> we're going to appeal immediately. we're going to fight for the patient's rights for the dispensary system. >> reporter: shaw owns the reforce for medical marijuana. the club today was going to act for a protection. a judge cancelled today's hearing. they said they expect a formal rejection of their request in the coming days and will appeal. there's no word on why today's meeting was cancelled. prop eight supporters are appealing the decision to strike back the ban of gay marriage. they're bringing the appeal to the full court of appeals. same-sex marriages will remain on hold until the full court

decides whether to reconsider the case. san francisco's filmore district is looking more like new orleans on this fat tuesday. here's a live look right now at the mardi gras celebration. several restaurants and clubs in the area are joining in the fun with discounts and celebrations. and discounts and specials i should say. mardi gras beads. the celebration is set to go until midnight. and today's mardi gras celebration dates back thousands of years on the christian calendar. the name fat tuesday refers to a practice of eating richer the day before ash wednesday when fasting begins. we want to show you a live look at the metering lights in the westbound direction. that's where the problem spot was. sal castaneda is live from oakland now with what went wrong and what caltrans is doing to fix it, sal. >> reporter: frank it is those metering light that is you see

here that control the flow of traffic on to the bridge. this morning the lights didn't work properly. that and a few other things combined to make the morning drive very slow. cars seem to be barely moving approaching the toll plaza. the back up took so long many wondered if some of the work over the weekend had something to do for the slow down. it did, sort of. >> the metering lights and a sensor. they weren't processing traffic as fast as they would normally. >> reporter: that's because repaving work had changed the sensitivity. the -- our crew drove in traffic like this and eventually ended crossing the

bridge after over an hour delay. >> we're predictable. 90% i would say are predictable than driving. >> reporter: now caltrans say it is lights are fixed but of course we will be here tomorrow morning and i'll be doing the traffic. we'll see what happens. let's say this morning we knew very early on in the coverage that something was wrong. caltrans says those metering lights should be working as normal tomorrow. live in oakland, sal castaneda. the north camino ramon area covers the danville city line, executive parkway and costa boulevard. the plan calls for mixed use buildings, and public space. a final vote is expected in may or june. the 350 member reoriented wants to build a 66,000 square

foot sanctuary in a neighborhood. contra costa county supervisors tell ktvu they could vote on that plan as early as next week. your theater experience is about to change. the winners and the losers in the digital revolution. back here in just 10 minutes, tomorrow is going to be spectacular. it's nice out there right now. the fog clearing right as we speak. i'll let you know how warm it'll be in your neighborhood tomorrow. getting ready to plant? chances are your soil is like this: compacted, drained of nutrients. it'll hold your plants... but it'll also hold 'em back. the solution: miracle-gro garden soil. the perfect mix of rich, organic ingredients, and miracle-gro plant food. just mix it in. and turn bad soil into great soil. helps plants grow twice as big. instead of holding 'em back, they'll leap ahead. miracle-gro garden soil.

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a taste of things to come on san francisco bay. it's training day for the crew hoping to win the upcoming america's cup. this afternoon oracle racing showed off the speed and style

that it hopes will bring back the america's cup when the yacht races come to san francisco next year. these high tech boats may look like they could sail themselves but the team captain says it takes high peak athleticism. >> you will see that during the racing. >> the city of san francisco is expected to spend more than $50 million to get ready for the races in 2013. organizizers say the america's cup will bring more than a billion dollars to the bay area economy. but not everybody is buying that forecast. some people say they are concerned that the turn out will be less than expected. some folks who rent boat slips are upset about proposed

new rules. those new rules could include a ban on subleasing of slips just as those spaces are about to be in high demand. a meeting is set for tomorrow. ktvu.com has complete coverage of the america's cup race you can watch more of today's oracle team practice. the words of a serial killer may lead to a new search for victims. today crews smoothed dirt back over a well where officials have unearthed women's shoes, a purse and bones and fragments. now a bounty hunter says shermantine claims there's another well where bodies are

hidden and denies any knowledge of the well. >> he said i didn't have anything to do with it. i said well they found a skull. and he said well i didn't have anything to do with it and neither did herzog. investigators say the teen got out of the car, stabbed the victim then got back into the car with his mother who drove off. police say the 15-year-old boy was arrested. the victim is expected to survive. the movie experience is going digital. new at 6:00 tonight, health and science editor john fowler live in san francisco with the impact of the digital revolution on your local movie theaters. john. >> this is the clay. one of san francisco's oldest and most loved small neighborhood theaters. for more than a century its shown film, literally

celluloid. the problem is celluloid is going extinct to be replaced by digital. >> film is going away so we're working diligently to get a solution and we'll be certainly doing digital conversion. >> film is going away changing to the newest thing since sound. it might not make economic sense for small theaters. >> what's going to happen is they're going to close. they're going to close. i mean it's inevitable. >> film collector and cinema owner says television and the internet have already gutted many neighborhood cinemas. he says it'll take over a half million dollars to convert just one of his eight screen movie houses but he says he has no choice. >> the movie business is changing so rapidly. >> there's things being shown in digital and 35-millimeter

and the vast majority of moviegoers are not seeing a difference. >> reporter: movie distributors are expected to stop making celluloide print next year. what's to happen with the play is not certain. we learned there's five movie houses in san francisco that may not survive the pricey switch to digital. john fowler, ktvu channel 2 news. twitter is teaming up with a russian company to feature tweets. the search engine covers more than half of the russian market. twitter says it will only provide yandex with public tweets. our exclusive new ktvu field poll shows rick santorum has received a boost in california. an -- santorum has gone from 2% to 25%. mitt romney is still in the lead with 31%. support for newt gingrich has dropped in half since november.

>> california's secretary of state says she's worried postoffice budget cuts will affect upcoming elections. the scheduled closure of mail processing offices will affect the election process. bill martin joins us now from the weather center. if you liked today you're really going to like tomorrow. >> it's not often in february we start talking about potential for pollen suffering to start noticing things. tomorrow tree pollen is going to start to bloom. and if you're sensitive, there's a good chance you'll be sniffling. today was quite nice. we go outside, outside we have a few clouds filtering through the area. as we go into the next 24 hours the winds start to clock away offshore. northeast, northeasterly winds. that helps take care of the coastal fog that was there today. it's already back to the golden

gate bridge and beginning to clear. a little valley fog possible tomorrow morning. there's the flow going this way. there's the shore and there's the ocean and that's offshore flow. you can see in the upper atmosphere it will work its way to the upper atmosphere in the way of north-northeast wind. definitely warmer as you will see here forecast highs tomorrow in santa rosa come up about 6 degrees. san francisco is going to come up 6 degrees as well. so definitely warmer a really nice day. probably the warmest day of the week. not to say it's not going to be warm as we head into thursday and friday as well. high pressure sets up. those north winds start to come up between five to 6,000 miles. if you're up above grizzly peak you will get some gusts to 20. maybe mount diablo but that's at the top. you're not going to notice that. computer models, here we go

into thursday, even clearer. here we go into friday. saturday, it's a long range model tells you it's not raining. saturday not even cloudy and monday we'll see a few clouds to the north of us but that's a very dry weather pattern that sticks around for the bay area weekend. definitely unusual for february. daytime highs tomorrow, lots of 70s, mid-70s, upper 70s. maybe somebody can break a report tomorrow. it's not often you see 70s, upper 70s in february. the five day forecast with your bay area weekend in view. last year was so different. was so different. >> night and day. >> every night we show it and you guys go, it's raining again, it's raining again. this year it's suns and clouds. >> starting to feel like spring. >> tomorrow we'll be talking about how warm it is. you'll notice it. it's been a year since flood waters devastated parts of capitola but now several lawsuits are being filed against the city because of that mess.

this is what happened when a -- ruptured and flooded the city. right now san jose mardi gras events are ramping up. what police there are doing differently this year. also a piece of lin-sanity hits the chopping block and just like lin himself ends up scoring huge for one group. we'll have these stories on tv 36 at 7:00. sports director mark ibanez is coming up next with the come back of catcher buster pose sáeu. - - busterposey. [ crickets chirping ]

[ traffic passing ] ♪ [ music box: lullaby ] [ man on tv, indistinct ] ♪ [ lullaby continues ] [ baby coos ] [ man announcing ] millions are still exposed to the dangers...

of secondhand smoke... and some of them can't do anything about it. ♪ [ continues ] [ gasping ]

some surprisingly fast tortoises escaped a fire this morning. lights meant to keep the toirtoises warm started a fire. their owner says they can move rather quickly the get out of

dangerous situations. some chickens also escaped. the giants heating it up in scotsdale. the biggest question of all, buster posey can he come back and meet the form he showed in his rookie season after that horrendous injury we're not going to bother showing you again. this is the latest work out. they're not going to allow posey to block the plate again. >> i want to make it clear i wasn't blocking the plate to begin with. but again, i think i have to be as instinctial as i can.

big underneath against the clipper in an upset win. kid just beginning to tap into the talent they saw when the warriors made him their number one draft pick a year ago. >> it's a big game. i only had two defensive rebounds. i have to get better at that but i'm just trying to do what i've been doing. just bringing the energy. >> all right meantime the sharks are getting hammered by columbus right now 6-2. that game in the third period. full highlights tonight at 10:00. but that is the sporting life for now. >> how do you feel about the

giants telling posey not the block the plate again. >> i think that's a good idea. >> it's called an aero shot. it gives you a jolt of caffeine equal to a cup of coffee. >> the big risk to your health because you can get an extra boost by inhaling it. that's tonight's special report. thank you for trusting ktvu channel 2. look,

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