punched another man at gold's gym. >> reporter: frank lieutenant vincent calvarese is facing charges that could end his career in law enforcement. calvarese is well known after appearing in this documentary about gays in law enforcement. >> i can bust heads all day long, i can bust through walls all day long but i'm not going to get any respect. >> hit to the heat.

my thumb i fell on my hand. >> reporter: cavarese initiated a fight with him that was witnessed by others at the gym. then cavarese called police saying he was the victim. the alleged victim says he's grateful police didn't just listen to calvarese's side of the story. >> to do what he did and manipulate the situation the way he did, it scared me a little. my faith in the justice system was questioned but after everything that's happened and the people that have come through and the team that came through and helped and supported us all after the incident, we can't fault them. lieutenant cavarese has been with the department since 1994. he is currently on administrative duty and he's also turned in two weapons. his service weapon and his personal firearm.

and in 12 minutes a new development in the case of the suspended sheriff ross mirkarimi. the decision on whether to pursue charges against the mayor. a santa clara probation officer was injured after he shot himself in the leg. authorities say two people have been taken into custody but are not releasing any more details. we do have a crew arriving at the scene and we'll bring you more information during this newscast. a trip to the russian river turned deadly today for a young man from santa rosa. firefighters were called to sunset beach river park in forestville around 4:20 this afternoon. sheriff's deputies say the victim was a 20-year-old young man. they said he was swimming with friends when he went under

water. friends say he flew how to swim and wasn't drinking or using drugs. hikers have reported seeing a mountain lion. from the peninsula, menlo park police say they've received information about a mountain lion at menlo park. apple missed the mark that is the consensus from wall street tonight following this afternoon's earnings announcement. ktvu's jana katsuyama explains how apple earned billions of the dollars but still fell short. apple stores have no shortage of customer, today the company revealed it raked in $35 billion in three months from april through june that's up 23% but it fell short of wall

street's expectations for skyrocketing growth. iphone sales were less robust than investors had hoped. one reason online photos of an alleged iphone 5 prototype that they will be upgrading. >> reporter: today ceo tim cook did not confirm or deny an iphone 5 release. apple continues to offering some products at low you are price points like they have with the 3g iphones and $299 i pads. >> it's a major life changer in terms of portable devices i've had. >> reporter: revenues include a

stronger dollar. there are troubling that are slowing things down. and only now that the i pad is becoming available. >> reporter: with the loss of steve jobs might be a factor in the future, right now all the products that are being released were done under the visionaries watch. more details now, apple's report sent stocks tumbles. shared fell from $600 to $567. that's a drop of 5-1/2%. apple say it is new software will be made available as a download tomorrow. ceo tim cook first touted its features at a conference in san francisco last month. mountain lion is meant to help make mac computers work more like iphones and i pads. now to colorado where the victims injured in last week's

theater massacre received a surprise visit from christian bale. bale also made a stop at a memorial outside a theater where authorities say james holmes opened fire killing 12 people and wounding 58 others. also today authorities returned to holmes important. cnn is reporting it was boobie trapped with more than 30 handmade grenades, 10-gallons of gasolines and an array of trip wire. and today in congress, a moment of silence for the victims. former congresswoman gabriel giffords is scaling new heights. giffords and mark kelly traveled to the french alps. they're in europe to visit a

laboratory that made equipment for the nasa international space station. police are looking for a car shooting suspect. they say his name is kenyon thomas of oakland. he is armed and should be considered dangerous. police arrest another suspect in connection with that shooting about 3:00 this morning. following a three hour stand off. two other suspects are also in custody. police say the four were involved in a ramming and then shooting of a chp patrol car on interstate 880 last saturday night. no one was hurt in that incident. new at 10:00, a plan to build a massive tunnel under the delta and divert water from the sacramento river. governor brown is set to unveil it tomorrow. tonight, amber lee is in berkeley where the opposition is already speaking out. >> reporter: those who make their living off the delta are

bracing for battle. many headed to sacramento with signs like this one to protest the governor's plan. >> reporter: the governor describes his vision for the delta a habitat conservation plan. critics call it a water grab. >> the plan is to build a massive tunnel or two tunnels underneath the delta to divert the sacramento river. >> reporter: adam scow say it is governor's new plan is similar to one that was overwhelmingly voted down in 1992. >> they call it a conservation plan, it's a tunnel. they're going to divert the saltwater away from it. >> california is a very different place than it was 32

years ago. this isn't about taking away or giving more water to anyone. this is about making our water supply more reliable. >> reporter: supporters claim building the tunnel will restore the natural direction of water flow. but many who keep tabs on this issue are skeptical. >> then you decrease the flow, you're changing the ecology and we never know what the long term effects of the the ecology are. >> reporter: more details will be revealed over a news conference on the steps of the state capital tomorrow morning. a spokesman tells me that he is expecting criticism because there are always opponents to big solutions. reporting live at the berkeley marina, patti lee, ktvu news. >> the biggest bomb fire i've ever seen like magnified. neighbors saw a fire ball

the one thing that may have prevented these people from escaping this house fire. only unseasonably cool weather returning for tomorrow. a new home for the 49ers starting to take shape. we're also going to show you some of the work being done more than 100 miles away.

new at10:00, an aerial view from above. it is starting to take shape, construction crews are pour concrete for the future home of the 49ers. as ktvu's matt keller reports not all of the work on this million dollars endeavor is taking place in the south bay. >> reporter: not much can make a massive roller coaster seem small but these two cranes are making it look like a shadow. you can see the outline of the future home of the 49ers and the current job site for construction workers finishing up the foundation. >> we've had to go from 10 employees, 85 union employees here very recently to keep up with the fast pace and demand of the job. >> reporter: 112 miles away in woodland california we were given a behind the scenes look at the seats for the stands.

or at least the concrete slab where the seats will go on. >> these are each 35,000 pounds each. >> reporter: the massive stadium pieces will be trucked to santa clara. installation is scheduled to begin in october and last through january. >> this is something where all of our employees working on it are going to be able to show their kids or grand kids i was part of this magnificent stadium. >> reporter: the 49ers told me they plan to hold a ceremonial when the first steel beam goes in. more details now, as santa clara over site board resended a -- this came after the board was informed it likely violated the brown act.

the board will take the issue again august 10. prop 13 the landmark property tax limitation passed by california voters back in 1978 has survived yet another legal attack. the second district court of appeals in los angeles today denied a lower court decision rejecting a challenge to the measure. prop 13 values older property at it fair market value in 1975 and then limits property taxes from being increased more than 2% per year unless the property is sold. there were bitter words for medical marijuana supporters today. excuse me when the los angeles city council voted 14-0 to ban medical marijuana dispensaries in the city. that move could affect more than 900 pot clubs. while today's action eliminating store fronts it still allows patients and store givers to grow marijuana for medical use. it also allows hospices and home health care services to grow medical pot. the san francisco district

attorney's office will not pursue perjury charges against mayor ed lee. the decision follows lee's testimony. during that testimony the mayor said he never asked anyone to speak on his behalf to urge mirkarimi to step down after mirkarimi was charged with domestic violence. however former supervisor aaron peskin claims a lee supporter asked him to encourage mirkarimi to resign. >> he indicated to me that he was communicating on behalf of the mayor with an offer that if he would resign they would find some sort of job for him. >> reporter: the ethics commission also declined to take up perjury allegations against the mayor. in contra costa county two people died this morning after a fire broke out in their unit of an apartment complex. that building is located on donegal court in pleasant hill. ktvu's cara liu tell us

something that could have possibly saved the couple didn't. >> reporter: this cell phone picture shows the fire ball neighbors witnessed. >> the biggest bomb fire i've ever seen magnified. >> reporter: carbon monoxide poisoning likely contributed to the couples death. >> i can't even, like i can't even tell you it's really sad. to see your neighbor's apartment on fire and not able to do anything. >> reporter: blanca megallan was able to alert a lot of her neighbors. >> she was screaming fire, banging on the door. she wanted to get us out. she was trying to save us and that's exactly what she did. >> reporter: they did not fire fire detectors inside the apartment. they inspected the complex back in march and confirmed there were working smoke detectors then. they're investigating reports the couple smoked and looking to see if that played a role.

hearing that was enough to make some check their own smoke alarms. >> it takes an event like this to make sure. it was a wake up call for us. >> reporter: about 60 people were evacuated this morning. some still wearing pajamas. many ended up missing work. because of all this damage, about a dozen families will not be able to return to their homes tonight. in pleasanthill, cara liu, channel 2 news. we have new information tonight about a fire in emeryville that closed ac transit hydrogen fuel station. the use of an incorrect valve caused that fire. the ac transit does not know if

the wrong valve was being used. bryan mason faces two felony counts of arson including one count of causing great bodily injury. authorities say mason started the fire on july 11th using a pyrotechnick device. crews are looking for a man who is missing in the sierra. tom hang was last seen at the summit of mount langley on sunday where he was planning to go on a one day hike. he was last seen wearing a white shirt, long blue pants and full brimmed hat and glasses. anyone who sees him is urged to call park officials. our daytime highs fell well below average in many cases and for tomorrow, we are going to continue that pattern. the fog and the clouds slowly

returning tonight. by tomorrow morning, mostly cloudy skies all the way through the delta. and across the bay into the east bay. we'll wake up low to mid-50s. so slightly cooler than what we saw this morning. by the afternoon mostly sunny skies clearing to the coastline and our temperatures slightly cooler in some places. upper 60s, low 70s in the east bay. for the afternoon tomorrow, this will be some of the warmest areas. 86degrees expecting in areas like antioch and brentwood. when i come back, we'll talk about how low we will go.

and today, sherman hemseley. the series was the first to showcase an upscale african american couple on prime time. he is best remembered as george jefferson. the cause of death has not been released. a new strategy to combat the signs of the time. how safeway is using new technology. they were cleared from their encampment last week. the new tensions we found in a new location.

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the case in san jose. robert handa reports. >> reporter: coyote creek, the trees and clearings have made this a popular place for the homeless for years but after san jose cleared out homeless parks at kelly park last thursday many who did not get housing vouchers headed to key street. raul hernandez is worried how the city will react. >> they might just kick us out because there's too many people here. >> reporter: the influx of strangers is causing tensions. >> we just have to hope for the best that nobody comes in and destroys our place. >> reporter: but moments later hernandez confronted a man in his tent. >> hey, hey, you already looked in there. okay. there's nothing in there of yours, okay. i don't know what you kept your bag and your stuff whatever. >> reporter: that tension worries the manager of an apartment complex near the camp. >> a lot more desperate people

living in the encampment. you know we've seen an upbeat in police activity. >> we've seen a little property theft in the neighborhood. >> reporter: one person who got assistance moved out of the camp but says many others will not be following. >> how come not many people will ask for help? >> because they don't believe it's going to happen. >> reporter: it was trash and environmental damage that led to the eviction. president obama is in the west after a brief stop in the bay area. air force once left sfo about 11:00 this morning. the president's next stop was portland oregon. there he accused mitt romney of twisting his words to say he did not value small business. >> although i have to say when people omit entire sentences from a speech and they start

splicing and dicing they might have tipped a little over their speech. >> reporter: president obama again boarded air force one for a trip to seattle and another fundraiser meeting. romney told veterans that the president leaked national security information after the death of osama bin laden for his political gain. >> exactly who in the white house betrayed these secrets? did a superior authorize it? these are things that americans are entitled to know and they're entitle to know now. romney also attacked president obama on foreign policy saying he has done a great disservice to our country. romney plans to fine tune his own policy objective during a trip to europe and the middle east later this week. safeway is trying to keep its rewards customers from going to the competition. find out how it's personalized discounts will work. also the issue of gun control is back in congress.

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newatt 10:00, a new rewards program for safeway to lure back customers. amber lee is in alameda to report that safeway uses information that it has collected if for years. >> reporter: safeway is using technology to try to get customers coming back. you hit personalized deals and it will give you discounts on items you want. safeway is calling its new discount program to keep old customers a game changer.

it's called just for you. the pleasanton based program tracks what customers buy and offer discounts on past purchases. >> you go to one location, you save time, you safe money and you know you've gotten the -- you save money and you know that you've gotten the best price for that product. >> reporter: the profit margin for food is small and competition is growing. currently traditional supermarkets account for 51% of sales. that's down 66% from a few years ago. supermarkets need to make shopping more convenient and affordable for customers who have been lured away by stores like target. >> i have some tyson grilled chicken. >> reporter: this afternoon's shopping trip to target was to buy clothes. >> do you end up buying food at target even if you didn't come for that?

>> i just came for the t-shirt and i got all of that. >> reporter: it anticipates by the end of this year 35% of its business will come from customers who have signed up for its just for you rewards program. >> safeway is trying to rescue those customers. try to woo them back to their stores. >> reporter: professor tomas- gomes says safeway is smart to use of its customers data and tailoring the discounts to each customer's needs. amber lee, ktvu news. the new breed of apps making every day chores easier and a warning about how they could make us all a bit more anti social. people who make minimum ge rally to increase their pay. in november san jose voters will decide whether to raise

that wage to $10 an hour. >> i have to work two jobs because one i can't pay my bills and i go to school. >> reporter: east bay congressman george miller has proposed raising the minimum wage over a three year period. the colorado massacre has prompted congress to enact new laws for guns. >> as our governor said we will remember these people who were hurt and we will help them all along the way. >> reporter: the a pointiant moment of silence on the congress floor. along with a renewed promise to push for what they call common sense gun control legislation. >> i would just ask this question, how many more moments of silence do we have to have? >> reporter: house and senate

democrats focusing this time on banning high capacity magazines. >> this has nothing to do with second amendment rights. this was made for military, for police. this is meant to kill as many people as possible in the shortest period of time. >> reporter: so why does no one expect any real action? democrats continue to blame republicans and the nra. >> we see what's in the house. and we see the power of the nra around here. >> reporter: republicans argue stricter gun control laws won't prevent tragedies. >> i think the widespread view is that somebody who is that unbalanced will find some way to do harm. >> reporter: and the politics of gun policies remain the same a nonstarter. top democratic leaders know that. avoiding pointed questions on the issue tuesday.

>> i'm concerned about the people who died there. >> reporter: congress did pass a ban on 19 types of assault weapons in 1994 but the law expired in 2004 and there has been no attempt to renew it. a judge in chicago used harsh words today as he sentenced the man convicted of killing the mother, brother and 7-year-old they -- nephew of singer and actress jennifer hudson. william balfour was given three life terms. balfour killed the family members in a jealous rage because hudson's sister was dating another man. the judge said balfour had the soul of an arctic night and his soul was as dark as space. 44% say they don't have too

much trouble paying. a very large number 78 78% said they were very or some what concerned about financial hardships. 22% said they were not very concerned. in that ktvu field poll latinos stood out from other ethnic and racial groups saying they have trouble paying for health care. that's something a clinic in the east bay are very familiar with. >> people are only coming in for care that's absolutely necessary which end up being a lot more costly. >> reporter: the clinic says kraá kwraá yaps delay dental care more than -- the clinic says californians delay dental care more than anything else. a reminder you can get ktvu news to go on your cell phone. download the ktvu app, click the live updates and watch the newscast. >> you see a lot of people

looking at porn and stuff. it's a controversial move. find out how one city is allowing people to watch pornography in public. >> a slow cool down happens wednesday, i have your update coming up. and a typhoon hits china. the biggest to hit there in a decade.

the san francisco public library is making a controversial move to protect its users from getting a glimpse of pornography that some people are using on library computers. privacy screens are now being installed at the main library in civic center plaza. library officials say the screens are an alternative to restricting internet access to pornography. but some people we spoke to say the devices don't work. >> you don't think it blocks much. >> no it doesn't block much at

all. i just went there and saw what they were doing. >> reporter: library officials say the screens are still being tested. and they also plan to add a pop up warning asking people to be sensitive to others. california is among the states with library access laws. six other states require public libraries to install filtering software or take other members to keep minors from accessing sensitive materials. u.s. stock markets move lower for a third consecutive day. the dow industrials dropped 104 points. it's seen triple digit losses in each of those three sessions. nasdaq lost 27.

annie's says it's business is booming. the company reports sales and profits were up in the second quarter. annie's had its official public offering in march. in news of the world tonight in syria, government helicopter gun ships and fighter jets drove out rebels in damascus. rebels had made advances into both cities but they were forced to pull back in the face of heavier fire power. all together about 150 people were killed in the fighting. in london two former editors of rupert murdoch's news of the world newspaper were charged today. rebecca brooks and andy colson are among the eight people charged. both are close to cameron.

in hong kong the strongest typhoon in a decade hit today. the rain and wind were so intense that the stock markets, banks and business all closed. train service was also disrupted. the typhoon lasted for several hours then it went on to hit mainland china. many are questioning official approval to allow service members to wear their uniforms to gay pride parades. the waiver is a one time only exception. because organizers of the event asked service members to wear their uniforms. apps they handle everything from deliveries to laundry and the warning about what they

could do to your social skills. meteorologist rosemary orozco is back with her bay area forecast. which day will be the coolest before another warming trend. hi parents, big year for spelling. here's what the kids will n-e-e-d. ♪ pens and markers, paper wide ruled. ♪ ♪ hoodies, sneakers, tape, sticks of glue.♪ ♪ large boxes pencils, highlighters. ♪ ♪ sneakers and t-shirts. ♪ notebooks and jeans, ♪ notebooks and jeans, ♪ notebooks and jeeeeans, yeah! ♪ ♪ notebooks and jeans! announcer: school takes a lot, target has it all.

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gilroy police say thousands of dollars worth of tickets to this weekend's garlic festival have been stolen. this is what the tickets look like. the festival starts on friday and runs through sunday. organizers warn some of the stolen tickets were sold online and will not be honor at the festival. if your to do list is getting long and you just don't have the time don't worry there's an app for that. if ktvu's sal castaneda tells us there are concerns these quick fixes are making people lazy. >> reporter: as long as you can imagine it, there's probably an app for that. making it easy to use social

network sites buy music and play games. now people are using apps to fine people to do things they don't want to do such as go shopping, assemble furniture or clean your house. san francisco's task rabbit is one of many customers connecting workers with those who need things done. >> just go online. name the task that you need done. find the person that's most appropriate and that person could be down the block for you. >> reporter: but some say this convenience can make you lazy and anti social. >> if the reason we're outsources all these task so we can spend more time on social media and not go out and meet people. she says apps like this make

her more not less productive. >> i think it definitely makes you productive. i think it makes you more efficient if you are better in certain aspects of your life, you focus your time in doing that and what you're not so good at you have people do it. yeah i think that's more productive. there's a debate going on in the mental health community over whether internet addiction is a condition that should be diagnosed and treated. the american psychiatric association wants to add internet addiction to the next version of the diagnosis manual for mental health handbook. >> these are culturally constructed diagnoses and that it's not a static thing. >> some surfaces available over

the internet have unique psychological properties that induce instant gratification. those oppose though say excessive use of the internet is actually a symptom of other mental health problems. alameda county is planning to hand off the cost of unwanted prescription drugs to the companies that make them. the county board of supervisors today approved a first of its kind ordnance. officials say the move will save the county $300,000 a year. the pharmaceutical companies have until next year to come up with a plan. this friday the jenny lynn foundation is scheduled to hold a concert. lin was a straight a student who played the viola and was a member of the castro valley

chamber orchestra. she was killed in her home. another round of pleasant weather in the forecast for your wednesday. as we continue the cooling trend we've seen in recent days. the winds generally light out there across the bay unless you're in fairfield. howling to 24 miles per hour and that delta breeze going to help blow in some of the low cloud as we sleep. 60degrees right now in concord. upper 50s santa rosa and napa. another four to 8 degrees of cooling by sunrise at 6:06 tomorrow morning. 76 is what we met with in santa rosa this afternoon. 78 in napa. 80degrees in concord. 67degrees below the seasonal average for this time of year. and a huge difference for what we saw on saturday when many of us heated into the triple digit like weather. we're talking 100 degrees for areas like antioch and livermore hit 100 degrees.

fairfield hit 100 degrees on saturday. a big difference between then and now. this low off the coast will continue to deepen into the coming days and that's when we will continue our cooling trend. it's going to push the heat and we will remain sandwiched right in between. the wind will pick up in the afternoon once again. we'll start off the morning with mostly cloudy skies. we'll remain cool by the coast. low 60s in the forecast. a little bit of fog through the morning hours in the bay. sunshine in the afternoon. the on shore breeze will be with us through the afternoon as well. we'll wake up mostly cloudy and sunny skies for the afternoon and unseasonably low temperatures. right around 7:00 we have mostly cloudy skies over the knot bay stretched well across the bay. san jose partly cloudy skies but by 11:00 or so noontime. we're talking about mostly clear skies. patchy fog into the afternoon

peeling away partly cloudy skies. 54degrees expected for oakland, 55 in hayward. looking at 55 degrees for liver mother and mid-50s for concord. these numbers just a tad cooler than what we woke up with this morning. afternoon highs for tomorrow, 76 santa rosa. the additional cooling will come from the inland spots, 82 for danville. 82 for livermore. down into the santa clara valley. low 80s saratoga. redwood city on saturday upper 90s. tomorrow going to be very mild. the extended forecast there the coolest day will come on thursday. we have a slight little bump on friday and we're back into the mid-80s by saturday and sunday. if you don't like the cool down just wait a few days, it'll be warm again. >> thanking rosemary. a rare book has a new home

at the san francisco main library. they recently received this 1507 edition of dante's devine comedy. 1507 is when it was written. the book was a donation by james cameron clark jr. who died back in 2009. we're also told this version of the book is the only one that can be found at a public library. it was another nail biter for the giants tonight down to the bottom of the ninth. and a special delivery arrives for the america's cup race. it's something that hasn't been seen in san francisco in years.

the excitement over the america's cup yacht race is extending to the train track. the mile long express rolled into san francisco. it delivered boats and equipment for the upcoming america's cup world series races that start next month. organizers say it's the first time a train has been used in pier 80 in more than a decade. you can see more video of today's event on ktvu.com. traffic is backed up at this hour on highway 17 after a shooting tonight left a santa clara probation officer wounded. we have a crew at the scene on

laurel road where an investigation is under way. they say one southbound lane is now reopen and traffic is starting to move. the chp told us a probation officer radioed he had been shot in the leg. the chp also said two people had been taken into custody but again our crews are on the scene working to get more information. let's talk sports now. mark is here. this is an exciting time for baseball fans. >> we haven't this kind of energy in several years maybe back to 1989. both side of the bay want to blow off the other in a nail biter but nothing but victory again for the a's and giants. no problems on defense. no issues tonight the double play huge. baumgartner hit it. tario, crawford and tyler all make it happen. however pablo may have pulled a hamstring on that day-to-day now. 2-2 gain. ewe want to see some major

league baseball here. quintin again angel pegan sensational catch but he wasn't threw. look at the pet -- the perfect throw. double play. that might have been the best play of the year. two on nobody out. brandon crawford starring on defense. does it with a bat here, scalding a base hit to right center. 3-2 walk off win, dodgers loss. san francisco up 2-1/2 games in the west. every phase of the a's game clicking as well. tonight in toronto. the jay's have not heard about the arm in right field. not often do you see something like this. josh redding from maybe a deep right. laurie goner a third. beautiful throw. his tenth outfield assist. a's bring it over to the

seventh. jamal weeks, if this guy can start hitting like he can. that's three bases easy with his feet. a's load the bases and here is something you don't often see. cespedes at the plate a rare 3- run single. everybody is going to score and cespedes will wind up at first base with a 3-run single. it's not very often the travis. team usa hoping to prove they are the gold standard in basketball looking the part today against a team they might very well meet, spain. spanish ball handler cannot hang on. result lebron two of his 25 right there. more harassing of the spanish. another turn over, russell westbrook converts. converts game one of the

olympics sunday in london. and almendinger suspended for failing a drug test. >> the ktvu morning news begins at 4:30 tomorrow morning. they'll be working to learn more about that incident in which an officer was wounded and we're always here for you on ktvu.com and mobile ktvu. >> we thank you for joining us tonight. must be nice, cheering on team usa from the shallow end.

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gthey're constantly receiver withre-evaluating u-verse plan. their lane choice. "is this the best lane for me for my life?" they're always a little bit ahead of you. "can i get in over there? can i get in there?" "yeah, come on over. we're zooming over here. this is the secret lane. nobody knows about it." i think the ultimate psychological test of traffic is the total dead stop. not even rolling and you look out the window. you see gum clearly.