the suspect has turned himself in. if you look behind me the deputies, let's show u e video of what happened earlier. here's the sequence of events about 10 to 12 minutes ago, we saw a police s.w.a.t. vehicle approaching that home. that vehicle had a couple puffs of smoke. seemed to have bashed in the door. the suspect came out with his hands in the air and surrendered to police. did not see gunfire or violence at that time. it appears the suspect has turned himself in. this started at 1:55 this afternoon when deputies came to serve an eviction notice. the man inside the home fired one shot which struck a locksmith in the leg. the locksmith drilling out the lock. the deputies called for

reenforce. this has been developing since before 2:00. the latest development that suspect has turned himself in after deputies bashed in that door. we saw two puffs of smoke and then that suspect came out on the balcony first and came out, dropped to his knees and surrendered to deputies. again one of the major questions, is anyone else in the home? that's anas peck -- an as section we will follow-up on and we'll bring you more as soon as possible. >> you can follow us on twitter for breaking news 24 hours a day and major developments on the new of the day. starbucks makes a request, no guns. the ceo asked customers to stop bringing weapons inside. this after years of gun advocates doing that.

a look at how the move can be traced back to california open carry fight. >> it's important to note that starbucks is not banning guns in the stores. this is a request from the company. in california it's a mute point. >> hot coffee, there's plenty of that. customers packing heat. starbucks has seen enough. >> we're respectfully asking our customers carrying a gun not to bring them in a store. starbucks is not pro or antigun, the goal is to make customers comfortable. >> people bring their kids, it's not a place for gun. not needed. for years starbuck stores have been gathering places for those in the open carry movement. we sympathize they have unwith

thingly -- one wittingly become a place. >> he respects the decision. >> overall we will patronize businesses that will allow us to exercise our right to carry a firearm. the brady campaign did not go far enough by not banning guns. >> i think he's trying to have it both ways. you can't do that with the open carry groups. >> it's a good first step taken years after the open carry battles were brewing, a pair of state laws banning open carry quieted the movement here. starbucks decision would only affect people with carry permits. it will not be enforced by

employees. an amtrak train traveling through the east bay hit a car on the tracks near 37th avenue in east oakland. amtrak's capital corridor was heading from sacramento to san jose when it hit the car. no one was seriously injured. another train picked up the passengers. a fought situation -- foul situation facing the a's of the a sewage league plagues the team as it prepares for the playoff. the a's did not went but they are in it for the playoffs. if they make it that far we're told by the team owners and management they will open the third deck, which means more people using the facility. that's a cause for concern. a lot of people are concerned about a sewage problem like last night in the a's try to

make it to the playoffs the be on tackles are in the way. >> the a's employees were saying you didn't see anything. >> but they she did. fans reported a foul odor and they found a faulty toilet. >> the sensors were setting off. there were people in there and flowing water. they turned the water off. last week crews ripped up the carpet that used to cover the stairs in a small but steady water drips today. we are older park, like the team we're considered the underdog, and there hasn't been a lot after tension in the coliseum. >> there's a lot of water in the ground. we have water issues on that level. >> they didn't win today the team is focused on a playoff

run. back in june, officials claim 6 straight ohm games attracting 170,000 fans overloaded the plumbing. stadium crews want to make it clear neither incident is related and they are prepared in the future. there's a grow of -- crew of guys here for every game. we tried to get a comment from the team but they say their priority is making the playoffs. everything else is secondary. the boyfriend of a 15-year- old girl who's been missing for five days says he's not spoken with her for a week. griffith was last seen in alameda where she's a sophomore. she's latina, 5'2," brown hair and eyes. police are involved in the search for her. a mom wants to know how her

6-year-old daughter rode a school bus to an unfamiliar neighborhood. she got on a school bus, no one knows why. she wound out on monterey street .2 of a mile from home. a woman saw her crying and got her back to her mother. >> i thank that lady, it could have turned out the other way. >> the school district has apologized saying it is sorry for the miscommunication and reviewing the policy and procedures. crowd sourcing is coming to the city. the university system launched a six week social media fund- raising campaign. those who take part promise to carry out after task. among those taking the scholarship pledge are jaime foxx and jerry brown.

the clock is running as bart management and union negotiators are negotiating. there's 22 days left in the court imposed cooling-off period. when time runs out bart workers could walk off the job if they don't reach a deal. >> here's the situation, the negotiations ended at 5:00 this afternoon, and it looks like they will be ending for the week now and time is burning, which is an important issue. i spoke with chief negotiators for bart and the union. you can decide if any progress has been made on the union's counter proposal. >> we've yet to get a response to our counter proposal to their counter proposal. >> they don't like our offer. but i don't know many people

getting 10% over four years and pay nothing toward the pension. >> we're asked them. please come to the table and bargain with us. they told us see you monday. >> just a few minutes ago, a bart spokesman told me that bart is willing to meet if they can find the time to do it and if both parties can get together. that's the current situation that remains as a stalemate. the start of the california high speed rail program has been delayed. groundbreaking was supposed to happen this summer but it will be a few more months before construction begins. it's been five years since the funding was approved for the project that is supposed to begin service in 2022. >> the requirements, the voters

voted on are not being followed. and so bottom line is, a judge has agreed with us on this. how can this project proceed in the current format. attorneys asked the sacramento judge to halt construction until the rail authority employs with the bond measure. the funding be identified and called for a environmental certification for the part of the project which has not happened. giving expelled students another chance. why a police chief wanted to get the kids back in the schools they were kicked out of. >> fired over a facebook. warm september weather for the bay area. how long it will last and the changes you could see,

pittsburgh steelers black friday --

s ." every ride, every time. it's not enough to have the right car seat. make sure your child is buckled up. >> two things affect me the guilt and the pain. and i'm here basically to see if there's anything i can go to insure another parents doesn't have to go through. ed fell asleep at the wheel in 2003 and went over an embank. his nine-month-old daughter was killed. it may not have happened if she was properly buckled into her seat. >> there's reasons to make us happy for five minutes are not worth a fatality or injury. >> one in four parents say

they've driven with children not securely in their car seats. when used correctly child safety seats can reduce fatal injury by 71% in infants. more information on child safety seat laws and which seat is right. click on web links on our home page. it's been a rough week for passengers on central tran -- caltran. a string of breakdowns. the agency is dealing with an aging fleet of trains. 20 of the 29 diesel locomotives are over 25-year-old. there's a plan to upgrade to electric fleet of trains. new at 6:00. students sent to alternative schools could have more help getting back on track. a bill before the governor and

one east bay police chief is calling on the governor to sign it. >> reporter: supporters say this piece of legislation will protect the rights of student who's get into trouble and kicked out of high school. many are sent to continuation school and it will give them a second chance. supporting students with behavior and discipline problems, senate bill 744 aims to get them back into their original schools as quickly as possible. >> a lot of kids end up in schools it's not the right setting. they won't get the right education. >> chris magnus is a supporter because the longer students stay in the alternative schools the more likely they will drop out. once they drop out the likelihood they will get in trouble and commit crimes and become victims of crimes goes up.

the chief says the majority of the crime in richmond is committed by young people and keeping them in school a difference long-term. according to supporters it will ensure school district cannot send them to alternative schools without due process and they are put on a path back to their regular high school. >> gretchen is a teacher and does not want students to stay here for annex tended -- an extended period of time it can be the right place for a student. >> some students come to our school and they thrive here. we have more services. a smaller staff to support the student. >> senate bill 744 has passed the full legislature. it is on the way to the

governor's desk. clicking like on facebook is protected free speech. the ruling stems from a virginia case where six people were fired from a county sheriff office for liking an opponent in the sheriff reelection bid. they filed suit saying their rights were violated. the like button is the equivalent of a campaign yard sign. pandora has come out on top in song royalties. withdrawing rights from songs from the oakland base internet. pandora has been battling to lower royalties saying it has been forced to pay higher prices. the federal reserve announced it will keep up the economic stimulus program. analyst had planned on keeping up the bond program aimed at

keeping the prices low. rising mortgage rates and government spending cuts are holding back comic -- economic growth. in new york traders cheered as stocks jump to you in records on word the government will buy 85 billion dollars every month on bonds. the do you closed at an all- time high. >> is -- you know the warmup today was beautiful. plenty of sunshine. 86 in antioch. a nice along the coast. the fog clears and plenty of sunshine. to the north. this is a good looking weather

system. that's a fairly potent system. up here they will be hammered in the pacific northwest. for us that's our chance of wet weather. we get into friday night, saturday morning. right now it's 84 in fairfield. highs tomorrow, will be warmer than these. temperature tomorrow upper 80s, a couple low 90s. out site we're dealing with nice weather. very little fog to speak of afternoon long the coast it's clear. you can see no fog. the winds are less than they were a couple days ago. 49 in napa tomorrow morning. it is getting chilly enough in the north bay valleys we could start to see fog poking up in the low-lying valleys. get the valley fog.

not costal fog. the low that will bring us a chance of wet weather friday and saturday, it's the main impacts. the thing most of acinitis. temperature trending down. is not enough to change your plans. the weekend will be fine. >> so the five-day forcast, with the bay area weekend in view. warmer tomorrow, cooler friday. overnight friday to saturday morning a chance of wet weather. there will be sunshine. don't change your weekend plans

based on this. maybe put a jacket in the car. cooler pattern, good for firefighters and fire danger way down. move in quick and move out. it's quick. overnight friday saturday morning. it's a nonevent. >> mainly up north. coming up on bay area news at seven. residents have given the all clear and can go home after a standoff in contra kosta county. how it was brought to an end. >> the flooding in mexico. what's being down to save thousands stranded by hurricane manual. iphone usingers have a new operating feature. [ trina ] i'm a student at devry university.

and these are my roommates. this is one of my favorite professors. and so is this. this is my academic advisor. and also my cheerleader. and when i finish my degree in business... a new job, at a great company... that's the graduation present i want. [ male announcer ] in 2012, 90% of devry university grads actively seeking employment had careers in their field in 6 months. find your career success in the bay area. learn how at devry.edu.

. too, today apple unvailed the iphone. ios 7 got a thumbs up. the new act vase evacuation -- act evacuation lock will make it hard to reuse a phone.

the new operating system re, replaces the 3-d icon. it's about the magic number, it's staying the same at six, that could change tonight. >> it could. no sinkage as of now. you watch the game, a's and angels. the magic number had nothing to do with the standing. it was magic for 2 run homers. mike trout in the 1st inning. griffin had problem giving up the long ball. trout two-run homer. the a's match it. coco crisp. with a two-run homer. says pedestrianis -- cespedes. fourth of the year. hamilton, knows it's gone as soon as he hits it.

hamilton has been a disappointment. not on that swing. texas in progress with tampa. 2-2 in the 7th inning. we don't know about the magic number. the 49ers if they put the game in seattle in the past in the rear view as soon as possible. they have to improve the rushing game. frank gore has been stonewalled. 30 carries for 60 yards. that's 2 yards a carry. they need to run the ball more. frank gore just wanted victory. >> i'm a team guy. i'm going to do what it take to win. to be struggling as a group it's not frank. frank is best in the league. >> we can win, i'm happy with it. if it's raining, if we win i'm happy with that too. that and the colts and 49ers

sunday. big trade in the nfl. trent richardson is going to to colts who are coming to candlestick this weekend. tell you about that. toddlers dressing like takers, tonight to 10:00 news we look at the stark differences between what our little girls and little boys are wearing, and the surprising advice for parents. >> we're here for you at ktvu.com. thanks for joining us. goodnight.

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what was his name again? jimmy. jimmy. right. i don't know how you could forget. he kept referring to himself in the third person-- "jimmy's under the boards. jimmy's in the open! jimmy makes the shot!" ah, you're just mad 'cause we beat you. jerry, it's my fault. i couldn't make a shot. these losses stay with me. they fester, jerry! you know, this is going to plague me. ohh! yeow! hey, jimmy! ha ha ha ha. great game! oh, yeah. jimmy played pretty good.