. a marine from san jose is shot and killed by police, we will tell you what he did and what we are learning about that marine this morning. a sex scandal exploded another high ranking leader now involved. and it is cold for some mild for others, how much colder, we will have that in the second half of your ktvu channel 2 morning news. this is ktvu channel 2 morning news. well, good morning to you, welcome to a brand-new day, i am palm pam cook.

is it milder out there? well it is chilly for me? >> well, pam we have clear skies and it is 532 in and plantar 52 in san francisco and upper 60s in santa cruz, here is sal. we have a problem coming out westbound and it is a huge backup because of a crash that is blocking at least one lane. traffic is backed up on to the antioch bridge. most people are not getting through quickly and that means pittsburgh and bay point is actually lighter than usual. you will be in for some big delays trying to get through. there is a backup already metering lights are on, let's go back to the desk. and breaking news out of daily city where dozens of people have been forced to

evacuate. this is a huge problem, flooding, water and mud, this is a look overhead from news chopper 2, you can tell but that's mud out in the street. we have new information on the damage this has caused and some new information, sarah? >> this is a water-main break and it you take a look behind me, this is four long city blocks that the water had to panhandle up where chopper two is. that is how far away we are from where this water-main is and we are quite a distance and it picked up a lot of debris along the way . there was some sort of pipes bursting at hillside park and we have dramatic pictures of water gushing down the hillside.

it happened at 4:30 this morning and it seems crews do have a break and they have a handle on it nowment he says it happened when i was 30 years old but there was a big rain storm which clogged the sewers and all of this got covered with mud and i guess they are doing it again. >> reporter: they say some trees have fallen off the hillside up at the park there and car tires are stick in the mud and we spoke to a firefighter and he decided it was not safe and work crews were able to fit in.

it will take quite some time to clean up as is there is mud everywhere. it is also down the side streets and the hills slope to the left over here. be aware of it this morning if you live in daily city you will be experiencing some traffic if you live in this particular neighborhood. time is now 6:03. a fatal shooting. jeanine della vega is live where the soldier's family lives and tell us what led up to the shooting. >> reporter: public records show that the marine and his family lives here and we have been unable to contact the family inside but we do know his father drove to palm springs to get answers from police and talk to the marines. this is marine corpel the

second. he had a confrontation with police and they heard yelling coming from a parking jar wrong and they say the two men were making der rogatory comment and he hit one of the officers while they were firing for their safety. the passenger was uninjured and both officers are on paid administrative leave. his son was based out of camp pendleton and he was about to finish his four-year enlistment in a couple of months. the records show where they live and there is an american flag as well as patriotic stickers. again we are in an effort to contact the family inside to

ask them where he went to school and their feelings about this whole incident. jeanine della vague a cnbc. it now involves another top ranking official. general john allan is now being investigated for exchanging e- mails with the woman involved with general david petraeus. there are 20,000 pages of e- mails between general allan and jill kelly. she is said to receive threatening e-mails from paula broad well. he said he is done nothing

wrong. >> general allen is entitled to due process in this matter and in the meantime they have asked the president and the president has agreed to put his nomination on hold until he has had his hearing. >> he is the commander and that hearing has now been put on hold. overnight, the fbi searched the north carolina home of paula prod well. again, she is a woman who is a fair with general david petraeus throat his resignation. agents cared out as you can see several cardboard objections. they are looking into ways to a void the physical cliff.

ultimately lawmakers will be keeping us from going over this fiscal cliff and they have to take action before january 5th. we have several problems this morning. that is right, we have a problem on highway 4 we have been talking about and it's a sig alert and a lot of people are stuck and even coming in on those, you will see it much lower and near the the the month pass, part of the lanes are open but traffic is very slow and now some of that slow traffic will make it to livermore and we'll see some slow traffic but if you are watching, you may want to get on the road early.

it is all going to come at once, not good. that is more moderatement it is not completely filled in and that i am you for that. it is mostly clear skies and it is cold inland and san francisco, we are seeing 50s for temperatures and in oakland close, easterly breeze except for a few high clouds, it will be warmer today. clouds start to roll in and a

little people will tweak that forecast. napa was 63 and it is 68 degrees today. santa cruz from 65 and they do have an easterly breeze which is why i am saying 74 nice degrees today. there is some rain up towards eureka humboldt county and a little bit of splash and dash. we have some differences in temperatures and on the coast we have a lot of upper 40s and 50s. it will be sunny for almost everybody but temperatures are coming up, we will start to see a decrease and it means not too bad by the coast.

it means especially towards santa cruz and kill fill roy. sunday looks like a stronger system coming in. okay, they are exposed but one baltimore player says they are supporting him on a controversial issue. and plus they are being asked to ban in one neighborhood, and just how much longer is this rushing water expected to expect average? expected to stick around.

. >> as we have been reporting four cars are stuck in thick mud, again, that picture is from news chopper 26789. recovery efforts are underway in italy after strong rains left many under water. at least four people have died, one person was brought to safety after getting stuck in rising waters. officials say floodwaters have

reached their highest level in four years. the obama administration is expected to decide how many u.s. troops will stay in afghanistan. leon panetta says the top u.s. commanders have several options on what happens after 2014. right now they have 20,000 troops in afghanistan and president barack obama has presented most of them will be withdrawn by 2014. they will kickoff a series of measures to find a solution and avoid the so called fiscal cliff. here is more on the big meeting today, jacqueline? >> well, today the president sits down with labor union members to raise taxes on the wealthy but they also want to guard health benefits. they want to make sure he

doesn't give in to republicans on medicare and social security cuts. republicans are demanding entitlement changes as part of a deal. other leaders will press the president to not accept that plan. if an agreement is not reach our nation will suffer. it will be a battle to get to couldn't since us. ktvu channel 2 morning news. three pal lot members and it could be complete the todayment another deal is with development in west berkeley and the third is in alameda county which is the measure that would raise transportation sales tax. and admitted the run will soon some to an end.

he was trying oust rebecca kaplan. he said his bid was over after he received 61% of the vote. some business owners want the city to ban any new restaurants on valencia street. they want a more tore yum. the concentration has led to more. you are looking at valencia street back in 2010. three blocks have opened since last spring. a memorial will be held because of a police officer killed in the line of duty 18 years ago. he was shot on franklin and pine back on november 13th

1994. he shot back but the man was wearing a ballistic jacket and they sponsored a bill making it illegal to sell body armor to felons. one of the national football lesion say several oakland players are. >> supporting him. they said they were happy maryland legalized gay marriages and congratulated him for working for marriage equality. he by the way attended high school in santa cruz. we want to go back over to sal, very busy. >> yes, one problem goes away and another one pops up. first we want to start off with

one of the biggest problems in antioch. the sig crash is backed up to the antioch bridge. they are making progress but the traffic is just terrible. i want to mention, the bay bridge is filled in, metering lights are on and track is filled before we make it to the ridge. no major probing lent 280 and 81, those areas are doing well. >> we just heard from our observer, coldest morning of the season so far. it is 53 at chrissy field. 30s for some, and yet, other

areas are 35 degrees. a few high clouds to the north bay, and there is nothing today with rain and some high clouds are coming in wednesday but i don't buy into it. i do buy into it on thursday. friday we could have some light rain. other for cat models will start to warm up. that easterly breeze means mild for some. upper 60s to near 70s. clouds start to creep in on thursday and maybe a few light showers. sunday and monte. the world's piggest home improvement was $97 million for

the quarter ending last month. microsoft is offering no explanation for the man who is expected to be the next ceo. he has been with microsoft for 23 years. he said the decision for him to leave is mutual. >> they are still on a picket line. >> why they are angry and the draft they have to take. [ male announcer ] steak combos.

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. welcome back, time now 6:24, later morning, a man was charged with sexual assaults. frederic is a caused of attacking three well,he late last year and early this year. he could get life in prison if convicted on all counts. prosecutors presented dna

evidence. the company that makes hostess cup cakes has shut down their plants because worse are on strike. they are out there on the picket line. thousands went on strike. they are upset after hostess filed for bankruptcy. >> half of these people were supposed to retire and they were not able to retire because of the stop in their pension. >> reporter: if this does on they may have to liquidate the entire company in a matter of days. the strike is expected to continue today and they are not giving out any information. they say they may want to settle soon so workers can have paychecks but union says they may be interested in ending the strike while they are still

buying turkeys for thanksgiving. they will help keep track of bedbugs. they will not have to give the exact address but they will say what senses tracks, and shows bed bugs are a widespread problem. something is happening at the animal preserve. the cattle have taken in a wild bore pig let. there is the little guy. his name is chuck and he apparently wandered in from the hills and he isgy getting bigger while nursing in with the young cavs. very sweet. sal, here is a look at traffic and unfortunately quite a few problems. >> yes, i want to ask the guys if they can throw in one of our

maps because highway 4 is a big problem. they are making some progress and as a matter of fact, damage is done and there is a lot of slow traffic coming in. they were blocked for a while, now let's go to the 280 freeway with traffic in san jose, traffic is off to a nice start. let's go to steve. it is cold, yet others by the coast in and fran, 50s on the temperatures and it is going to and nice day, sunny. temperatures start to repeat and we will have more coming up shortly, pam. plans to round the fees and why the trustees are raising some eyebrows on the timing.

and there are two dozen people being evacuated from their homes because of a water- main break. we will show you the damage it caused on seven city blocks. and benefitting from hurricane sandy, the live opening bell is up next. before cold & flu season, help prevent with lysol disinfectant spray. and use the lysol no touch hand soap for 10 times more protection with each wash. this season, a good offense is the best defense. lysol.

mission for health. i wish i had u-verse when i was your age. in my day, we didn't have these fancy wireless receivers. blah blah blah. if i had a sleepover, i couldn't just move the tv into the playroom. no. we had to watch movies in the den because that's where the tv outlet was. and if dad was snoring on the couch, we muscled through it. is she for real? your generation has it made. [ male announcer ] the wireless receiver only from at&t u-verse. get a free wireless receiver with a qualifying u-verse plan. rethink possible.

get a free wireless receiver with a qualifying u-verse plan. . welcome back, the opening bell, they have an award that recognizes outstanding nonprofits. marriott vacation is celebrating one year on the new york stock exchange and home depot is surprised they beat expectation and they are opening 2% and it is only going to get better. home depot will probably

benefit from that. >> we will smile and say good morning to you. it is a tuesday november 13th, i am dave clark. >> time now 6:30, we have breaking news in daily city. some streets are flooded, they are filled with mud and right now dozens have been evacuated. tara moriarty is live where the details are of all the damage and what caused this, tara? >> there are a row of homes where tons of mud and water have come racing down. if you take a look behind me, you can see the mess in the middle of the street. 2 dozen people had to be evacuated and those are four very long street blocks. that is how far the water traveled from. ktvu channel 2 morning news was the first news crew to arrive on scene and it appears there was some sort of leak bursting

at the hillside park near the basketball courts. we were able to grab dramatic pictures of the water gushing down the hillside. crews now have it under control and neighbors are just shaking their heads at this mess. >> my whole driveway is covered with mud and stuff and you know if it continues the mud can go all the way up to here. >> they say some trees have actually fallen off the hillside and car tires are stuck in the mud. again folks from 8 homes are out and public works crews will have a big job on their hands and several treats are blocked off. it just pasts this area.

tara moriarty. it is the latest fall out stemming from our investigation that uncovered questionable port spending. allie rasmus is in oakland with details. >> reporter: early this morning we saw some of the claims in operation loading crates on to the ship you see docked out here. >> he is stepping down to prevent obstacles to great to come. this is starting with a $4,500 tap at uh-huhston strip club paid for with official money

and there are other questionable expenses. but according to him, he was present at the strip club that night. they hired an outside law firm to investigate the incident. now that he has stepped town he was previously paying at the airport. it oversees not just the sea port but jack london square. and the port has one of its regularly scheduled meetings this thursday and officials on thursday are supposed to be discussing some of the oversight and policies regarding oversight reimbursements. they are hoping to sauk to somebody the deeder ship

changes. they will talk about new student fees and today's meeting comes just a week after california voters approved proposition 30. life in hayward -- live in hayward, they will tell us which students being targeted. many are frustrated with this fee just a week after prop 30 passed which will prevent cuts to the system. trustees will be meeting and they will be taking a vote on a plan to charge new fees for souper seniors and of course help willing to pass prop 30 after a meeting held in long beach. they want to charge students a fee, $370 and also for repeating courses as well. the point of plan officials say is hopefully to free up space so they can admit as many as

16,000 new students at their crowded campuses but one student does not see it that way. she said she certainly does not like this idea. >> i think it is wrong because those people worked out to be seniors and even though they are super seniors and even though they struggled they should not have to pay more for a class that is benefitting their lives. >> it is seen as a deterrent more than anybody put students we spoke to said would unfairly punish those especially many who are having trouble graduating on time. ktvu channel 2 morning news. the school board is expected to vote on revising the school district's policy on child abuse prevention and

reporting. we will also talk about the lawsuit who says she was a because. she claims they ignored her abuse claims. two others say they also were sexually abused by a former teacher. a woman accused of abandoning her daughter at a safe way is scheduled knob court today. she is scheduled to enter a plea to commercial burglary and contributing to the delinquency of a minor. she asked her to shop list and then -- shop lift and then abandoned her when employees intervened. she can do 10 years in jail if

she is convicted. 23 schools and twoty owned -- two city owned hospitals remain closed after the storm. they are hoping to help with storm relief and including some he police gear. he said -- cold weather gear and he said he was horrified to see the damage in his own neighborhood. washington post says it comes as the president looks into the national expense team. according to reports, kerry will be the new secretary of state but that job will be offered to sue san rice.

just one week after, there are some voters who say, they want to leave the unites states. we will tell you what some are demanding from the brett, sal? >> that is right, so it is much busier as you might imagine since yesterday. we are backed up for a 25 minute delay and there is no trouble on the bridge itself. also on the san mateo bridge, that traffic is busy with no major problems. now in contra costa county, a new problem, west 80, there is an injury crash and traffic is

backup big time on 880, if you are traveling on vallejo, you need to give yourself time because that is only half the tee lay, let go to steve. not much of a freeze each more so tomorrow and now the weekend is going to cloud up and there will be rain coming in light friday and saturday and it looks moderate and 15 day outlook, looks very wet so we'll see. sunshine and warmer temperatures, 67 today and oakland 62.

gilroy hit 70s yesterday and in cruz no doubt it. a few high clouds, 52 in san francisco, a complete reversal and we have sunshine and warmer temperatures although it is cold inland, a lot of 30s and 40s, and warmer weather today, the days are so short and it doesn't last very long. cloud, rain, forecast it all looks good, i don't buy those into wednesday. there is a days system. sunny and warmer, good for the coast, 60s and 70s, a warmer pattern by the coast and for

many inland locations, half- moon bay, gilroy, san jose, 37 in campbell. warmer on wednesday increasing clouds, we 0 could have rain but it looks like a stronger system. >> all right, out around the bay area, see what a video game has to do with all of this and why a lot of people may be calling in sick. a marine from san jose was shot and we will tell you what neighbors are saying this morning. we have traffic moving well and just up the road, we will give you a complete traffic

update

. welcome back, here is a quick look at some stories and we are still tracking breaking news where flooding forced many people to evacuate. the water rushed down a four

block area in daily city and the cause of the problem is still under investigation. also the executive announced he is retiring immediately. this follows an investigation that uncovered thousands of dollars of questionable expenses at a strip club. and the top commander in afghanistan is under investigation with alleged communication in florida. now kelly is the one who sparked the investigation into the affair with general david petraeus and his by owing graph. -- biographer. here is more on what led up to the shooting, jeanine? >> reporter: we just spoke with a neighbor who confirmed that marine and his family do live

at that house that you see behind me. his father, we are told went to palm springs and we are not sure if he is back at home but this news comes as a shock to everyone. this is a picture of him and he died after getting into a confrontation with police. they say the two men inside were making comments to them and he ignored the officer's order to stop the car. he accelerated and both officers fired their weapons out of fear for their safety. the passenger was not injured and both officers are on paid administrative leave. they are surprised to see what happened. >> we have talked several times

and what parent would not be proud of their son or daughter serving in the military, what a great sacrifice and to have something like this happen is just heart wrenching. he told his father his son was based out of camp pendleton and he was about to finish his enlistment in just about a couple of months. he said he did not think his son would start a fight with police or be in a confrontation with police and he also told an affiliate, police are not allowing the family to see the body. back out here live, there is a lost patriotic stickers parked out here in the front and we have been unable to contact the family. nobody is answering just yet but we are hoping to get more

answers as the morning goes on. ktvu channel 2 morning news. they are asking to leave the united states follow the election. they are asking to be remove so they can file a new government. the white house has promised if a particular meets 2 5,000 signatures it will issue a response. so far there are more than 3 5,000 signatures. on thanksgiving day, you may have to choose between sitting down to a hot dinner and desert and going shopping for hot deals. toys-r-us is among the latest that will open 8:00 p.m. thursday night. they made some of their announcements and k-mart plans on opening at 6:00 thursday morning. they will stay open and then

take a dinner break. they will reopen and stay open until three friday morning. the commercial season kicks off thursday. coming off 7 eleven why you may be paying a higher price... >> they are standing in line to get one of the hottest games of the year. this was the scene in san francisco where 400 people lined up at game stop. they waited for the new call of duty black ops 2 and it features plenty of weapons and some zombies. >> all the guys who come in, they love to play the game, they will play the game all

night long. .. >> some people showed up as early as 5:30 probably to show off their game. they have some younger gamers waiting in line and this game stop flout a band to entertain their waiting customers. according to a survey one in four are expected to call in sick so they can play that game. we had couple of incidents but it is real life. traffic is backing up from as far as highway 4 because of an earlier problem in the pittsburgh area and it is backed underway into brentwood and it is much slower than normal. the bay bridge is backed up all the way out to the mcarthur maze and we have a 20 to 25 minute delay.

it is getting slower on 880 and 208 backing -- 280 all the way to cupertino. it is cold for some but on the mild side for others, a little warmer today. this system will win out but i know the days are author and sunny and few high clouds creeping back up. 30 and 51 in and knock. it looks food up in humboldt county and lots of sun, warmer cold inland but not on the coast. 50s at half-moon bay airport. warmer tomorrow and we will start to see clouds moving in friday and rain looks like it will develop by the weekend but

not today. sunshine with the angle of the sun is very low. 70 degrees for santa cruz and gilroy looking very nice and warm. partly sunny skies and partly cloudy skies, a few light showers on saturday, stronger system moves in sunday and monday. here is a true pioneer of the internet, find out why he is part of a homicide investigation. the truth about reports he was missing.

. welcome back, home depot is helping the dow jones industrial average, dropped about 13 points and this fiscal cliff is something we are worried about. and belize, internet and john mcphee is part of a murder investigation. he lived near mcphee on an island in belize. fall was found shot to death on sunday and mcphee and fall had a history of conflicts. he told the website he had

nothing to do with the death of his neighbor but he said he will not willingly talk to police in belize because he says they are out to get him. an 11-year-old boy is back home safe this morning. he and his father were reunited and learned his son never showed up at his friend's house. now it turns out the boy went to another friend's house. he said he was afraid because he would not be allowed to stay there and he had no idea police were searching for him. >> i was surprised. >> reporter: what did you say to your father? >> sorry. >> reporter: police were able to track him down. the 6th grader said he will never do that again. >> i believe him. >> you can see a lot of kids

doing that. >> let's check in on the road, you have several problems? >> yes, a lot of problems, they are backed up for a 25 minute delay, antioch brentwood, we will let you know if you are driving on highway 4 it will be sunny and warmer and really nice over by the coast. coming up, ktvu channel 2 morning news was the first on the scene nearly two hours ago and we will continue our live coverage, a huge problem in daily city. they are talking about raising student fees and we will talk about why the timing of