clouds there would be a breeze as well. a few high clouds that, will drop in tomorrow and that will give us some rain. yesterday was the coolest day but still breezy, catered showers might develop by tonight, cool and breezy, rain comes in staying cool a lot of mid-50s, here is sal. moving along the bay area, highway 4 coming up to the willow pass grade no major problems. also on the san mateo bridge, nice drive all the way to 101 and this morning's commute looks good if you are driving all the way to oakland. new this morning, another student has died after the shooting in oakland bringing

the total to two. now it happened 30 miles outside of cleveland in chardon. a student walked into the cafeteria and opened fire. hours later, they gathered for a prayer vigil to remember the victims. >> we got there so everybody is thinking it was a normal monday. mondays don't get any worse than this. >> they identified the teen as t.j. lane and he is expected to appear today in juvenile court. back here, 25 people are looking for a place to live after an apartment fire caused major damage. firefighters are still keeping watch after firefighters put

out the fire. >> this is building c, you can see part of the roof is damaged and there still appears to be some smoke, we still expect to be out here this morning. this is flames billowing out of the sector are you apartment in mountain view. the fire started just before 430. in all another four on the lower level received heavy smoke with water damage. >> i heard somebody keep screaming for help and the people in the condos were look at me telling us to get out and screaming and pointing to the roof of the house that it was on fire. >> in all it took the fire

department 50 minutes to get things under control but things could have been a lot worse. >> the flames were rolling about 15 feet high, we kept hearing popping, you kept hearing them yelling, water, it was a really high fire. >> reporter: one firefighter did suffer minor injuries and as of the cause that is still under investigation. a fire in san jose, more than 2 dozen people and it started in a first floor unit but the cause is still under investigation, fortunately nobody was hurt. today a trial date could be

set for six people set for shooting and killing six people. he was killed in -- she was killed near union square. she was caught between a gun battle with two rival gangs. it caused a three our search and school lockdown, and police responded to a burglary call and saw a man with a gun in each handout side the home. the man started shooting at officers and ran when they returned fire. it prompted a lock down and nearly three hours later, chp spotted the man not far from the shooting scene and police arrested him. a clash between occupied protesters led to chaos in the

streets of sacramento 0. this you tube video shows them moving them to a safe location. occupied protesters tossed cans and bottles at them and they claim 30,000 whites have been murdered sense apart tied. >> that does not mean we will let it happen, that is what we are doing, we cipro problems in sows. occupied members came by to take part, police arrested them following the chaos. we have more excerpts, featuring loren joseph herzog

who recently found out his partner in crime told authorities where to fine remains. loren joseph herzog told authorities that wesley howard shermantine is responsible for killing several people. loren joseph herzog said he only went along for the ride. >> [inaudible] >> now wesley howard shermantine is on death row, he claims loren joseph herzog is behind the killings. meanwhile wesley howard shermantine is speaking out this time to bounty hunter. he said i want to know the results of the dna tests and if

they found hopson. her mother tells amber lee that she went on a date with loren joseph herzog before her disappearance. dna tests will be covered before they go on a date to the central valley. that is despite a new controversy tied to the prestigious race and they have eliminated a major deal the group led by perry ellison has them near two of the piers by the bridge. >> they will no longer be part of the discussions for development.

>> race organizers plan to spruce spruce up the piers but they are dropping them because of tight construction deadlines. they are now scheduled to vote on the final construction plan. they will consider a plan that could bring new life to pier 70. they are considering to fix up a half dozen old shipyard buildings and converting them to modern offices. there is a change in the modern landscape, they had planned to build an old missing bay and now there are reports that sales will leave existing

space in town councilors san francisco. plans are now on hold. santa clara council is voting on another measure to speed up the stadium. they are authorizing over the next four months and they plan to have it in time for the correct of the 2012 season. details on the tentative deal to keep the team in the state capital i want to go to sal to check in on traffic this morning, sal if. >> looking at some of the roads here 80 westbound, it is a nice looking drive with no major problems and also this morning traffic is looking good with no

major problems and just looking a around and it is a nice looking drive getting to highway 17 but i want to mention there are chain controls on the highway so if you are going to the sierra you may as well put those change in the trunk. a system will be here late tonight tomorrow morning, 30s and 40s probably not as cold as yesterday, we had a lot more 20s due to cloud cover. it will be a cool afternoon with increasing clouds. it looks like an okay system. there are signs early next week

we will get another system coming in. 30s and 40s on the temperatures, everyone is pretty close here, locked in due to that cover cover, there is a little bit of a break between the front before it arrives and it is still packing pretty cold air. cool and breezy, looks like rain and by this time tomorrow we will be talking rain. 50s on the temperatures to right above 50s. rain cool thursday and showers linger into thursday morning, mostly sunny a little warmer, steve? take a look at this, the third survey of the year, by

the state department, it is 30% of normal and the good news no major problems, but last season they left plenty of water in risk voice and lakes -- reserviors and lakes. sheriff ross mirkarimi's trial moves ahead after a judge makes a crucial decision about some of the evidence. good morning traffic is moving along well up to the grade, we will tell you more about the morning commute coming up.

. time now 4:44 bart service is running normally after a train hit a man in oak lab. it happened inside the mcarthur bart station. a spokesperson said foul play was not possible and the only person who witnessed it was a train operator. police say joanna died of blunt force drama after a fight with an 11-year-old girl that lasted less than a minute.

she underwent surgery for a blood clot on the brain. they witnessed the fight but they have not made any arrests. and san francisco sheriff sheriff ross mirkarimi, last night he lost a crucial court battle. live with more on what is happening, allie? >> reporter: it is over a 50 second video of sheriff ross mirkarimi's wife, and in this video you can see lopez crying and showing a bruise she received which was recorded by the neighbor, the day after she was allegedly abused. he ruled this video can be used in the trial because even though it was recorded the day after the incident took place

lopez seemed sincere distraught and nothing about this was distraught. they wanted to show the jury in the sheriff ross mirkarimi domestic violence trial and his attorney argued it was here say. >> now a jury in san francisco will watch those statements in that videotape and decide whether or not sheriff ross mirkarimi is guilty. >> now the case moves full speed ahead. they will start with the jury selection process in this case. they will also be hearing from sheriff ross mirkarimi's ex- girlfriend. yesterday they argued his ex- girlfriend should being brought in and the judge will decide whether or not she can testify against sheriff ross mirkarimi. the trial of a former

rutgers university student is accused of using a webcam spying on his gay roommate. he had footage of he and his roommate and another student initially charged in the case testified he banned to make the web stream seem like an accident, he is tried with intimidation. in arizona voting it will begin ten minutes from now in the two primaries taking place today. mitt romney fellow michigan native kid rock opened in his home state. mitt romney is criticizing his main rival for targeting them

asking them to change their party and vote against mitt romney. >> he put an ad out there sounding like a labor ad to vote against me and vote for them. but it is confusing people and it is a new low in this campaign. >> it is interesting he criticized me for attracting democrats but we will wait and see, i think we can. >> meanwhile, they have been campaigning in the ten states that hold contests on super tuesday march 6th. israeli officials will not warn the u.s. if they decide to attack facilities. they say it is actually meant to benefit the u.s., and israel is hoping americans would not

be held responsible. they have been trying to discourage them from launching an attack. the and it will not reach the island until thursday. a fire on board caused a power outage. these are part of the same crews line -- cruise line, the allegra has 600 passengers, no air conditioning on board so passengers are spending most of their time on the ship's outside desk, some of them are even sleeping out there. time now 4:50. the body of a man fell about 40 feet known as a lovers leap.

a man was hiking with a friend who was able to get to a nearby property and ask for help. rescuers needed to wait to retrieve his body with harnesses and ropes. they will build a new construction project and it was unanimously approved on lucas valley road. some neighbors fear it will cause noise and potentially harm the environment. we will go back it sal to check in on traffic, sal? pamela, good morning. it is tuesday, we are off to a good start. there are no major problems now remember, now is a good time to

get out there and people are a lot more conscious about their gas mileage and you can go when there is no traffic so that will help on the gas mileage. it is a nice looking drive passed the coliseum, this morning's commute looks good if you are driving on westbound bay bridge. here is sal. . we will probably not cool off too much more, temperatures are starting out chilly so it will be hard pressed to warmup with high clouds over us and we have partly sunny skies before the system moves in tonight and it's looking better with time

and it is a cold system so today cold, increasing clouds by tonight into tomorrow, rain moving in, this will be a good snow producers and the winter snow morning starts at 1:00 but snow level is 3,000 feet and that winter storm warning has a mother load so there will be low levels. rain comes in tonight, highs today very cool, not that warm, 53 to 58 should cover the spread, antioch 58 degrees, san jose to morgan hill, we have that system coming in and today we have increasing clouds, we will hold onto showers, weekend is mostly sunny and mild to warmer, pam. 4:53 a martinez man is

charged with renting out homes in contra costa county. now prosecutors say he will post a note on an empty foreclosed home claiming it was owned by the homeowners for justice. salazar would change the locks and rent out the home. at least 20 homes were affected and there would be more victims. it would not be a solution for the ongoing budget problems. they released a new report. it estimates, facebook could generate $3.5 billion but ads state revenues could come short by $6.5 billion.

a key note address from microsoft vice-president trustworthy computing. the best known group anonymous spends weeks recruiting hackers through facebook and twitter and they say they are justines testing their -- just teens testing their skills. now the experts say it is continuous and it is a cost of doing business online. most of them say next year there are likely to be more hacking attempts since each success makes more hackers want to try. it looks like the kings are staying in sacramento and they

have a deal to finance the arena. under the proposed deal, they will contribute to the $387 million arena. >> when we left, we came to the arena and i was asked about how close, i needed to make two free throws and the other family made the second free throw and it is game over. >> they convinced the league to give sacramento one last chance to finance an arena. scott sizemore will miss the entire season after tearing a ligament in the first squad work out. he came to to to the a's and they only one month from today with two games in japan against

the seattle mariners. 4:56 matt is the winner of what had to be the strangest daytona. he held up dale earnhardt to have the second daytona title but what most fans will remember is the delays from the rain. coming up on 5:00, cracking down on a south bay homeless camp, the action that is being taken by cal strand. and a second student has died, what is happening to the suspected shooter today.

. another student has died after the ohio school shooting, the new details being revealed by eyewitnesses this morning.