another student has died after the ohio school shooting, new details being revealed by eyewitness news this morning. sheriff ross mirkarimi suffers a set back, why legal analysts say the defense team could have a tough case on their hands. ktvu channel 2 morning news continues. good morning. thank you for joining us on this tuesday morning february 28th, i am pam cook. >> and i am dave clark, i did wear the scarf this morning but i left the umbrella. >> well don't do that tonight.

30s and 40s in fact 30s from santa rosa to gilroy, it will be partly sunny skies to mostly cloudy, the system coming in tonight looks good. we have some of the updates on watches and warnings, here is sal. traffic is moving along well as you are driving along the bay area commute, traffic does look good all the way across, no major problems. we have been checking with chp, it looks like there is some sort of a stalled vehicle westbound 92 just passed the toll plaza and maybe that truck is now leaving the shoulder so things may be getting better there. the morning commute looks good on the dumbarton, 601, let's go back to the desk. cal trans is trying to close down a major camp, that

camp is near interstate 280 in san jose. christian captain has the concerns that led cal trans to take action, christian? >> reporter: you can see the sign here, we are right next to highway 287 right near the interchange and cal trans had started the process of getting the people out of the area. we are actually on the willow street bridge that crosses over the guadeloupe river and this is where a lot of homeless live. people have complained about large homeless populations and they are crossing busy freeways which clearly poses dangers for drivers and people crossing into traffic. resident have seen plenty of homeless people in the area.

>> i saw people coming that way and going under the bridge. >> the big thing is people cross the freeway and the road, have you seen them out on the road too? >> i never see them on the freeway but i see them on the road and by the creek. >> and this is the creek. >> reporter: we are hearing reports homeless people in the area have even dammed up part of the creek and used it as a bathing area and clearly there is a lot of concern, again they were out yesterday this process dan and they give theme people 72 who is to vacate and we are hearing that chp usually does along to act as a protection agency. so we will contact both of them to find out what time they will

begin proceeding to remove homeless people from the area. for now live in san jose christian captain ktvu channel 2 morning news. a second student has now died after the shooting at an ohio high school, doctors declared him -- declared him brain dead. now a student walked into the cafeteria and started shooting. hours later, students and teachers began having a prayer vigil to remember the students. >> we were there thinking it is a normal monday and then you have a guy with a gun. mondays don't get any worse. >> they say the teen is enrolled at a nearby alternative school and is expected to be in juvenile

court. berkeley police officers found the student during a welfare check on channing way. friends of the student had reported him missing. investigators have not released the name of this student and he is a gratitude and there does not appear to be any signs of foul play. jury selection will begin later on sheriff ross mirkarimi. now yesterday, the sheriff lost a crucial court battle. allie rasmus has more with reaction to what happened in court. allie? >> reporter: it was over a 55 second video of sheriff ross mirkarimi's wife eliana lopez and the question was whether or not that video could be used as evidence in the domestic violence trial. and the sheriff ruled it can be used and shown to the jury in this case. in it you can see eliana lopez crying and she is showing off a

bruise she allegedly received at the hands of her husband sheriff ross mirkarimi. the judge ruled it can be used as the evidence even though it was recorded by one of her friends not authorities and it was after the incident took place. >> this is the crux of their case when the victim refuses to testify. the judge in this case was she was still under the stress and excitement of the event. it is a behind win for the prosecution. >> they may be hearing from sheriff ross mirkarimi's wife and they ordered them to bring her here before the judge decides whether or not she can testify against sheriff ross mirkarimi.

if she does testify it will be an even bigger setback for sheriff ross mirkarimi's defense. 200 potato jurors could come to fill out -- 200 potential jurors could come to fill out paperwork to testify. and they are causing a three hour search and school lockdown, they are now behind bars. it all started when police responded to a burglary call on 17th avenue and saw a man with a gun in each handout side the home. now police say the man started shooting at officers and ran when they returned fire. they prompted a lock down and nearly three hours later, they spotted the man not far from the shooting scene and police arrested him. voters in michigan and arizona are already casting ballots in the republican

presidential primaries there. mitt romney is said to have a comfortable lead but in michigan, he is tied with rick santorum. while the voting is going on in the michigan primary, president barack obama will be reminding the people that he is the one who provided the bailout that saved destroyed auto industry. the president will -- saved detroit's auto industry. including presidential candidates are opposing the auto industry bailout. 6:08 now is the time and sometimes the commute gets busier about now, sal? >> that is right. we are looking for a crash, let's see if we can find it on highway 87 but we will start

with 80 westbound as we drive out to the mcarthur maze. we are looking at the commute at the bay bridge toll plaza and it is moving along well with no major problems. we found a picture, this is 87 and the fire department has just arrived on injury crash here. you can see where this is in relationship to the 20 interchange and we will let you know more about this crash that we just found out about and it is right there at 280 and we can see that red indicater and we will follow up for you. 6:09 let's go back to steve. a little system produced some snow, also reports of hail and some rain. we have it in advance of the system that has a pretty good

punch. today cool, cold here in the morning it will be a cool afternoon with increasing clouds and some sun but i think we will cloud up again fast. cloudy breezy, rain looks okay. gilroy 32 at this hour, felton 33, stanford also checking in at 34, walnut creek and mill valley checking in at 37. 33 book ends at napa, 30s and 40s due to cloud cover coming in and winds will pick up wind advisory for the straight at midnight also out to the sacramento valley, it will be breezy and the system is looking good, very low snow levels, it still has a ways to

go and in 24 hours we will have more and breezy and windy and tomorrow we usher in the system with rain tomorrow and showers in the afternoon and finally we get some rain in here, but we have to wait another 24 hours. highs 50s, that is it mid-50s for almost everybody, rain on wednesday, showers thursday and then it is out of hereby friday and mostly sunny and warmer by the weekend. a housing stab by cost from counterwhy he was used craigslist for closed homes. and warning system for future waves is in danger.

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. it has been almost a year and now the nation's tsunami system could see major cut backs. remember the waves that hit santa cruz caused thousands of dollars in damage and now the white house cuts the funding for the nation's tsunami warning program. among the cut backs, officials to tell us whether a tsunami is heading towards the west coast.

heading towards the home town routes, allison burns reports, he needs a victory to give his campaign some new momentum, allison in. >> reporter: let's get to a live look at mitt romney's headquarters in michigan, he is expected to make last minute calls for support. he has spent the last several days criss-crossing the state and has been battle a -- battling a fierce battle from rick santorum. >> now we are leading in the polls, thank you guys. >> reporter: rick santorum's campaign has taken some setbacks and he is facing some heat over a comment he made. >> every child in america should go to school, what a

sob. >> rick santorum is looking for support from an unlikely group and he is reportedly supporting row bow calls to go to the polls' open primary to vote against mitt romney. mitt romney is calling that a dirty trick. republicans in arizona are also voting. reporting live washington d.c. ktvu channel 2 morning news. well the secret service is involving a security scare with newt gingrich. he tried to meet face to face at the oklahoma city airport last week. he claimed to be a cia agent who needed to deliver top secret documents to newt gingrich. airport security officers arrested him when he tried to get into a secure area.

there was chaos between occupied protesters and another activist group. you are looking at you tube video, this is from yesterday, you see highway patrol officers on horseback moving them to a safe location. occupied protesters tossed cans and bottles at them. the south africa project claims 30,000 whites have been killed in south africa since the end of a part tied. >> that is what we are doing, we see problems in society and we are going after it. >> two officers were hurt during the clash. occupied oakland members took part in the demonstration police arrested two of them following the chaos.

a man is charged with using craigslist to rent out foreclosed homes throughout counter coster county. he would post a note on an empty foreclosed home claiming it was owned by homeowners for justice. if nobody objected he would change the locks and rent out the homes. at least 20 households were affected but there could be more victims. a san francisco office is now banned from doing business with the city. is he conspired to submit phony invoices to the city. they would then buy lumber and other items for their personal use. he said he i don't know anything the scam but has agreed to pay $50,000 in restitution. they face criminal charging and

six workers pled guilty to the scheme. they will decide whether to use marijuana for legal use. that is already causing concerns and state lawmakers are already considering tougher penalties for driving under the influence. they are planning to work to defeat that measure. 6:19, sal has an update on that crash, what is going on? pam, dave, we can see it there and you can see the flashing lights northbound as you come up and a you can see there is going to be a little bit of a traffic jam as you get passed the accident and as we pan to the left, northbound 87 is staking up and all of a sit we have -- all of a sudden we have a commute coming on 87 as a result of this crash. now i want to show you where this is. this is on 87 northbound right at 280 and the crash is there.

the rest of the san jose commute looks good. not that bad, although there is a little bit of a backup and those metering lights have been turned on. mostly cloudy, damp cold, there is rain tonight and tomorrow. we will have some sun and we are almost in between systems and then we'll see some sun, tomorrow it is looking better and better. 30s on the temperatures we are still going to struggle but the breeze has picked up. winter storm warnings, 10:00 p.m. for the sierra, our system is packing cold air and is driving straight down. it will be with us tonight. partly sunny skies rain arrives late tonight or this evening up

towards mendocino county. 50s on the temperatures today and we bring in some rain tomorrow. that is just crazy with the way things are going and that's looking good, showers thursday, it looks mostly sunny mild to warmer by the weekend, pam. the world's biggest hamburger chain is taking steps to become the world's bigger fast food place in china. that is far behind the other facility foot of restaurants. it operates taco bell and kfc which has 45 restaurants there. durable goods orders fell 4% in january and that's the bickest drop in three years. analysts expected the number to drop but less than 1.5%. there is a new study that claims there is a connection between how you drive and what you drive. it was a big factor in

bringing the america's cup why the plan is now dead in the water. good morning, traffic on 87 northbound not doing well, in downtown san jose, we will tell you how it is likely to affect your commute. sweetheart. we need to talk.

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. good morning, we have a crash in san jose, it is blocking 280, we have a look at it from our camera in downtown san jose, 87 is just not doing well, we will watch this commute for you. bart service is runningback to normal this morning after a train hit and killed a man in oakland. this happened at about 7:00 at the mcarthur bart station and service was disrupted for two hours. foul play is not suspected and the only eyewitness was the train operator. >> usc berkeley operator found rude drivers are more likely to drive more expensive cars. it happened a four way stop in downtown berkeley. they notice the makes,

condition of the cars and whether they waited their turns. according to the study, the people driving the most expensive cars were four times more likely to go when it was not their turn or cut off pedestrians. it will go on as planned and america's cup organizers have eliminated a major part of their deal with the city involving some prime waterfront property. they are dropping plans to overhaul two rundown piers near the bay bridge. >> piers 30 and 32 will no longer be leased for this event immediate discussions for development... >> race organizers had planned to spend $45 million to spruce up the piers but the group is

dropping those plans due to growing financial risks. they are now scheduled to photo on the final plan with within the next few weeks. it could bring new life to another pier. pier 70 and they will fix up another area. they want to convert the mostly empty buildings into modern offices. lucas has been given a green light to build a new production facility. they unanimously approved a 270,000 square foot compound on lucas valley road. this new ranch facility will create a lot of jobs but some neighbors worry it will cause traffic and possible harm to the environment. critics have two weeks to file an appeal.

well a little piece of hollywood comes to san jose. tonight is the opening of the since quest film festival. it will run through march 11 and their feet to your 155 films. it will play on 1st street. the san francisco sheriff suffers a big setback, what is next in his domestic violence case. and cal trans are expected to clear out a homeless camp, why they believe it is a safety issue, we will have more coming up. stay tuned. ♪ ♪ twinkle toes i think i found a soul ♪ ♪ to make me happily ever after ♪

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. welcome back, nasdaq the

symbol shows solar capital, limited funds, dural goods orders coming in, a little more disappointing than expected and also home prices are down across the country so we will talk about that in business news coming up. we thank you for joining us on ktvu channel 2 morning news, it is tuesday february 28th, i am dave clark. >> thank you for joining us, it is now 6:30, a south bay homeless camp could be on the verge of shutting down. that camp is on the 28th 0 interchange in san -- 280 interchange in san jose. some people are crossing the major freeways to get to the camp and that's problem.

>> reporter: let's get a sense of where they are, if you look in the distance, we are just to the south of 280 interchange and in just the last few minutes, they did in fact cal trans will be clearing out the homeless encampment this is the guadeloupe river and a this is one of the locations they will be sweeping. cal trans issued a notice advising crews they have 72 hours to clear out and typically they have complained and concern comes from reports that there are concerns that they are crossing into traffic. highway patrol says officers will be on standby if there are any problems but so farther in

the process to get the homeless out of the area and it has gone smoothly. >> cal trans is preparing to get them out of the camp and coming to clean up and usually the homeless people take all of their stuff with them because it is their belongings. >> reporter: now one of the concerns we are hearing the homeless people have dammed up a portion of the river and they are using the area for bathing. there is a sign posted no camping in the area and we are trying to get into contact with cal trans to find out what time they will be out to begin sweeping homeless people out of the area. we will continue to bring you the latest developments, christian captain, ktvu channel 2 morning news. san francisco police are

investigating a stabbing which happened just hours ago. a man was stabbed on mission street around 1:30. the victim's injuries are not life-threatening : they are accused of shooting a german tourist in san francisco. she was killed while walking with her husband right near union square. prosecutors say she was caught in a gun battle between rival gangs. two other people were wounded in that shooting. did he have did he have trial -- domestic violence trial is expected to begin and last week sheriff ross mirkarimi lost a major decision. >> reporter: the judge's decision means the jury will get to see a 55 second video

and that video will be used as evidence in the sheriff's' domestic violence case. in this eliana lopez is crying and showing off a bruise she received at the hands of sheriff ross mirkarimi. the judge ruled this video can be shown even though the video was recorded by eliana lopez's friends and even though it was taken after the violence took place. without it, it would have been difficult for the prosecute execution's case to move forward. she claims she was physically abused by sheriff ross mirkarimi during their relationship and they ordered them to bring her here before the judge decides whether or not she can testify against

sheriff ross mirkarimi. if he does rule she can testify against him, it will be another devastating thing for the defense. >> if he did a second time, it is the reason it is so dangerous for the defense. >> reporter: as early as tomorrow, 200 potential sure report could fill out request fairs for the -- questionnaires for the beginning of the start of this trial. shocking allegations of sexual harassment by immune any driver. -- muni driver. coming up, we will give you the details of her complaint. we have more excerpts featuring loren joseph herzog the convicted serial killer

after he found out his partner told them where to find remains in the central valley. on them loren joseph herzog said wesley howard shermantine is responsible for killing several people. loren joseph herzog said he only went along for the ride. >> i can kill somebody for $45. no matter what -- >> now wesley howard shermantine claims loren joseph herzog is behind the killing and wesley howard shermantine is speaking out in a new letter this time to bounty hunter leonard pie dill.

joanne disappeared and said she went on a date with loren joseph herzog before her disappearance. time now 6:37 it cal trans riders complaints may be paying off. they want to encourage riders to switch by raising fares for single tickets. they have cut those fair hikes in half, but if ticket biers buyers don't buy them they may consider fair hikes. they have more and more traffic showing up and as we look at the last picture, you can see traffic is moderately heavy and you will be waiting and idling and unless you are in a carpool, traffic is

becoming slow. morning commute looks good if you are driving on 880 as you pass the coliseum northbound and southbound. and san jose still affected by a crash all of that to have it moved by a center divide. now let's go to steve. we will have a partly sunny skies morning, also some very low elevations. the main corp of that system is just to the top of your screen and that's looking good. a cold morning and if it was not for the cloud cover it would be colder than that. clouds in the morning then some sun and clouds again, tonight cloudy breezy and windy in higher elevations. it has been a while since we have said that. gilroy checking in at one of the coolest at 32, santa cruz

mountains 33 and los gatos is not far away. palo alto around mid-30s, walnut creek at 37. 33 in napa due to a little bit of a breeze. it is looting west and the north bay will get some sun and the clouds will roll in again. the system left snow on the grapevines and reports of hail in southern california and tonight we will have cloudy skies, breezy to windy, wind advisory for the delta starts at midnight and morning rain, afternoon showers and this is our cloud and rain forecast. you can see a lot of cloud cover, here comes the rain by 7:00 p.m. definitely looks like mendocino county and -- mendocino county and it looks like it will last

into late morning, continues coliseum, partly sun new and we kick it out since it looks much, much warmer. the third survey of the year will be cop ducted and snow back is 30% normal and that's because of the all the snow we had last year. wait until you see a controversial photo of a state official, why they say that man should be fired. crews are on the scene and we found out some people are returning home today. also, why today is a great day if you love pancakes. this morning westbound 24

looks good getting up to the tunnel, we will tell you more about the commute and the bay area weather. some over-the-top comfort couldn't hurt. and our perfect dream factory's been built. you're feeling sleepy already? nighty-night. [giggling]

. well, good morning to you, welcome back, here is a quick look at some of the top stories we are looking at, polls are open for the republican presidential primaries, mitt romney and rick santorum are

tied in mitt romney's home state. well a second student has now tragically died following that school shooting in ohio yesterday. doctors announced the 17-year- old is brain dead. three others are still in the hospital. the suspected gunman is due to appear in juvenile court. and cracking down on the homeless camp in 280, it is believed people staying at the companyp have 72 -- at the camp have 72 hours to clear out. paul chambers is now outside the complex with an update from firefighters, paul? >> reporter: it is actually some good news for some residents because they will be able to go back into their

buildings. there is three crews including that latter truck. building c26 units and all are currently empty at this time. we expect them to come back and determine the source and origin of the fire. we see smoke billowing out of the dana apartment complex and it started just before 3:30 and it took them about an hour and a half to get things completely under control. yelling from her neighbors led her to safety. people in the complexes in the condos behind us were looking at me telling us to get out and screaming and pointing to the roof of the house, that it was on fire. now we are being told, roughly 50 people without access to their homes since last night, we are told at least another four on the lower

level have received heavy smoke and they will come back out to salvage what they can. >> they are bringing them over as a group so they can see the damage to their unit and it's possible going to their units. no residents were injured but one firefighter did sustain minor injuries. san jose apartment house fire forced more than 2 dozen people out of their homes. it happened on 4th and empire streets. the firefighter said it started in a first floor unit but a cause is still under investigation and fortunately nobody was hurt. governor gavin is joining a growing number of people said he has to resign and it's also because of this photo. he is grinning as he is holding

a dead mountain lion. this particular photo has outraged them. immune any bus -- a muni bus driver was fired after he allegedly sexually harassed a 13-year-old girl. the alleged incident happened last july on the 44 bus line while the girl was headed to school. months later, the driver was let go, some say because of that incident, no charges were ever filed. 6:48 is the time, back over to sal, sal, are you still looking at that crash in san jose or is it cleared up? >> we are still looking at the south bay because there are other things going on. there is a crash in saratoga.

if you are on city streets, some 25 people are affected and pg&e does not have an estimate now if you are perhaps, your present may be without power and you know for sure they don't have a battery powered alarm clock you might be a good friend to call them and make sure they get up. you will see traffic that is backed up for about a 10 to 15 minute delay and if you are driving approaching the 880 split to san francisco it looks good getting downtown. we will have some sun for a while and if you have not heard, there is rain on the way. no. i am not lying, it looks decent. the system yesterday left snow on the grapevine, there is snow

up in the sierra with cool temperatures and we will have higher clouds, some sun and the next system is racing right along as it is helped carving itself out ahead of us. snow fall one to three feet and the snow fall will be around 2 hundred feet so keep it in mind, things will start to fall apart, that includes it. 30s and 40s on the temperatures if it was not for the cloud cover, it is only 40s because the cloud cover, if it was not cloud cover, we would be colder. the system is moving along, we will have some sun and this next system has a lot going for them. good cold air and it is going to give us some rain, so today a doled morning, partly sunny skies, clouds roll in tonight and it will be rolling in and

there is a wind advisory out for the delta and the straight with higher elevations. low 50s mid-50s, there will not be a difference here. showers will take us to thursday. do we have good news, steve? >> yes. for the 4th month in a row, the index shows prices were down in 18 of the top 20 markets and that includes san francisco. only miami and phoenix saw a slight increase. prices have fallen 34% since the housing bust started, they now start at the same level they hit in 2002. well, miss america, quarterback steve young and i- hop, teaming up to help the children's miracle network

hospitals. they are inviting everyone to head to i hop, they are asking anybody who eats there to make a donation and they are help hoping to race more than 2. $5 million. it is a whop full event. time now is 651. you know a lot of people will remember the race for what happened long before the checkered flag. a rare treat from space, why you might want to keep your eyes on the sky tonight. 8 8

. welcome back, take a look at the dow jones industrial average, it is up only 1 point despite some disappointing economic news. time now the skies are cleared tonight, you may want to look up at the skies around 7:30 you should be able to see the international space station it is a flies over the bay area, look towards the northwest, it will look like a fast moving dot of light. san francisco's food trucks will speak out against a bill in the state legislature.

it will ban mobile food vendors of selling food near elementary schools. critics say it will put them out of business. police released this photo of somebody trying to break into the grill area of the golf course. there have been several early morning break-ins and they are asking people with anybody with information to give them a call. >> too had to be the training -- >> it had to be the strange quest daytona -- strangest daytona ever. it was the second daytona title, congratulations but what most fans will remember is the delays and the collision with the safety truck. it looks like sacramento kings will stay in sacramento. the team announced they have attentive deal to pay for a new arena and city council will

vote next week. under the proposed deal, they will have an estimated $387 million arena. the king almost moved -- kings almost moved to anaheim after they gave them one last chance. they are one step closer to getting pro baseball. a marin county judge is in favor of bringing a proball team to the park. critics are worried about traffic, parking and other issues. my son is a high school graduate, they are excited. >> sal, how is traffic? well, it is getting crowded as you might expect, as you look at 880 northbound and southbound it is moving well but when you get to the bay bridge toll plaza it's not that bad but we will be waiting there. 647, let's go to steve.

mostly cloud, 20s , 30s and 40s, rain arrives and overnight for everybody into tomorrow morning. todays in the 50s including some snow in the sierra : why a homeless camp could be on the verge of shutting down. bad news came hours ago, it involves the deadly school shooting, stay with us, we will be right back.