booked into jail on felony dui and manslaughter charges. witnesses saw him hanging on barely able to stand. >> i thought he was just distraught. but he could handily stand. i thought he was injured or distraught. i didn't realize he was drunk. >> reporter: one reason was because it was so early in the morning but investigators said they could smell alcohol on his breath. patti lee, ktvu channel 2 news. >> coming up at 5:30 p.m. another deadly crash, this time in the north bay. a 79-year-old pedestrian was killed next to a busy farmers market. what we are learning about that intersection that has people scared. a bingo fundraiser was interrupted by robber and now

money is gone. ktvu's robert handa has been on the story and joins us live from san jose with how the robber made a quick get away. there will be a series of meetings starting tonight at this school to discuss safety and fundraising after a robbery that happened very quickly. >> reporter: the oak grove high school band is preparing for shows, musically they are ready, financial they are reeling. last night they fold a bingo fundraiser for the -- held a bingo fundraiser for the band, mese say a -- plea say a man robbed the person handling the money. it happened so many people didn't realize there was a robbery. >> i talked to a parent last night, it was surreal. she was shaken. >> we did have security here but it was so fast in and out.

[ music ] >> reporter: we have been told the amount stolen was $5,000. the amount advertised as the pay out. police recommend they have a system where money could be put away safely when it is collected. >> have helpers looking for any suspicious persons or activity. [ music ] >> reporter: the money raised goes for band activities and uniforms and bringing in outside instructors. the director said the loss represents 10%. >> it is money that is just there but hard to think someone would steal from us. [ music ] >> reporter: a meeting will get underway to discuss how to make

the fundraisers safer. live in san jose, robert handa, ktvu channel 2 news. police announced three arrests in a homicide at a 7- eleven store. he was shot and killed while working that store on september 8, 2012. police say they arrested the three men and one woman in connection with the killing. they are all being charged with robbery and murder. >> now we can say the world is a safer place with these people in custody and they will stay in custody till the court process occurs. >> this was the loan homicide in 2012. they are worked together to make the arrests. now to continuing coverage of the endless b.a.r.t. labor dispute. both sides focusing on one

provision in the contract that could potentially lead to another strike. we are half way through now a two day round of b.a.r.t. talks. it is the first formal negotiations since october 21. at issue is allowing six weeks of paid family medical leave. b.a.r.t. didn't nene include the provision -- mean to include the provisions. ktvu's tom vacar is here now with what happened. >> reporter: they had coffee break and as a result they were out talking and not telling us about what is going on but it appears the meeting will continue. earlier today when the unions walked in one thing was obvious, not a lot of wiggle room. >> reporter: according the 9 mungs and 2 strikes both sides

seem hopeful that some deal could be reached. >> i feel great. i believing a deal could be made. we have an agreement. we have an agreement. let's see what the district is talking about. we don't know what they will say. i can't speculate. >> we are hoping we can resolve the dispute within the next two days and then the bay area could have peace for four years and the employees can get the benefits of the new contract. >> reporter: but riders we met with are not so hopeful. >> i don't think the unions will cut a deal. i think they are having elections problems. if you want to stay president you can't look like a softy. i don't think the unions will fold. >> maybe they should have a mediator. arbitration and just take it out of the hands of the board and the union. say this is what you are going to do. >> reporter: the meetings are going on and another set of

meetings are scheduled for tomorrow. no word when a deal, which must be approved by the unions and the b.a.r.t. board will ever be reached. leaving the possibility of a third strike on the table. we will be standing by right here. tom vacar, ktvu channel 2 news. >> more details now on the effect of the b.a.r.t. labor dispute. a poll shows california support reversed from positive to one that is negative. a majority of voters are supporting a ban on a strike. people who feel unions do more harm than good rose from 35% in 2011 to 45% this month and people who feel they do more good, dropped from 46% to 40%. a 16% swing. more than 50% in the bay area

feel a transit strike should not be allowed. another day, another spare the air warning. the bay area air quality management called for a sixth straight spare the air day tomorrow. bill is here now. >> inland valleys, east bay and south bay. let's look what we got. san jose today. you see the haze in the upper atmosphere. that is the air quality, less than good. we will have our fifth spare the air day, thursday. and friday sixth. the 102 in the valley, that is above -- getting up on unhealthy. not bad but the environment is such they don't want you burning wood. when i come back, no frost warnings or freeze warnings but

still gets into the low 30s and the warmest day, which one will be the toastiest. at 5:15 p.m. a look at the science behind the spare the air alerts and what makes them issue the warnings. pg&e tested a pipeline today that caught fire tuesday. cures were checking the pipe, it develop as crack in a joint. pg&e sent the type conduct dest -- pipe to conduct tests. battle to build a crematorium in oakland. ktvu's rob roth tells us neighbors are upset over the operation and are taking legal steps to stop it. rob? >> reporter: they want to turn this warehouse into one of the largest cream tormiums on the

west coast but -- crematoriums on the west coast but they filed a claim to stop it. >> reporter: they worry about a proposal to build a crematorium off 98th avenue, capable of burning 3,000 bodies a year. opponents worry it will produce smoke and pollution over the neighborhood. he is fighting the proposal. >> they are not concerned about the people who are alive right now whose lives would be compromised and threatened by the breathing of the particulates. >> reporter: they filed a lawsuit against the city. the suit claims the planning department improperly granted the permit. >> a walmart size crematorium.

>> reporter: they issued a statement, our goal is to provide quality cremation services to fammies that need us -- families that need us. officials say those living down wind have nothing to fear. >> we made sure all the levels are below any trigger levels for health impacts and we issued the permit. >> reporter: it could be a year before their lawsuit is resolved. rob roth, ktvu channel 2 news. taking steps to stop future mass shootings. new at 5:30 p.m. the move made to provide better treatment to people who are mentally ill. >> an effort in one of the toughest neighborhoods, how improvement could make a difference in young lives. >> and a small problem causing a big concern in space.

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the bay area facing a spare the air alert, that means mow wood burning unless it is your only source of heat. ktvu's john fowler reports who can burn wood in fire places. john? >> reporter: officials say rural marine county court natural gas could have the worse winter air because of wood smoke. >> reporter: from the headlands you could see a dense haze today blanketing the bay area. >> we had a stubborn weather pattern and it acts like a lid

and consstraits wood smoke close to the ground. -- contraits wood smoke close to the ground. >> reporter: you can see on these filters the effect of wood smoke on your lungs. officials say the valley tomorrow is expected to exceed federal standards. they are calling the spare the air alert for the entire bay area region. officials made the call today. sixth spare the air in a row since it started six years ago. it pleased some. >> we have it too close the windows because it comes into the house. >> reporter: where the forecast is acceptable in marine county. >> it seems like it is day after day after day without reasoning behind it. >> they should allow it.

>> we have an exemption available for anyone who uses a wood burning stove as their sole source of heat. >> reporter: they will mail violation notices to residents caught. inspectors are out day and night with infrared detectors. of 123 violaters, only 11 paid the fine. john fowler, ktvu channel 2 news. >> more ktails now -- details now, they have been receiving 200 complaints per alert this season. over five years it issued 600 warnings. 120 violaters have been sited this year. the search was suspended today in idaho for a missing pilot. officials say they suspended

the search due to bad weather and concern for the safety of search teams. they were on board the plane when it disappeared december 1. a bank robbery suspect who was shot is recovering tonight from surgery. he was shot after a robbery at the bank of the west yesterday morning. the deputy opened fire after the suspect crashed his car into a pole and pointed a gun at deputies. they are trying to determine if he is the same as the so-called cotton ball bandit who is known for wearing a beanie with a pom- pom and expected in 7 bank robberies. $131 million to settle charges they misled investors ahead of the housing crisis. they were accused of marketing investments with misleading materials in 2006 and 2007.

investors were not informed about that and bank of american owns merrill lynch. authorities struck a deal with jp morgan chase in the ponzi scheme. the deal faults jp morguen for ignoring the sign and gaps in safe guards. $2billion in fines. much of the money will go to the victims who lost $17.5 billion. people looking for a job had a chance to meet today with companies that have openings. 14 companies signed up for the job fair held at the doubletree hotel from 11:00 a.m. to 2:00 p.m. this afternoon. national career fairs put on the event. some of the companies, k fax and k dow, dynamic office, digital media technology services and sleep train. citrus growers will delay packing their crop after the

cold snap, that will give inspectors time to assess damage from freezing temperatures. they don't know how much damage the cold weather did but they think the worse is over. more now about our weather. it has been cold for so long here. are things warming up? >> yeah. they are. we got nowhere to go but up. low 60s tonight. over night lows last night were down there again. this weather system is going to warm us up. you see it sliding through. it provides closed, it will get the temperatures off freezing tomorrow. right now those are your numbers. temperatures in the 40s napa. a long, cold run. we get cold weather this time of year. this is one of the more prolonged ones we have had. night after night of freezing temperatures. some areas in the 20s. partly cloudy skies tomorrow

because of the clouds. the bay area weekend, warm and dry. warm and dry, 60s. maybe 70s. the over night lows, 31 santa rosa. 30 napa. still frosty. still icy in some places but not as cold as it has been. the highs as you can see, looking for temperatures tomorrow, especially in the north bay to be back into the low 60s at the end of the day. here is a look at them all. morning temperature. lunchtime temperature. 61 degrees. nice looking day tomorrow. highs tomorrow, 59 in napa. 58 into fairfield. 56 brentwood. warmer. not much. just 54, 55, 58, san jose low 60s. 60 gilroy. five-day forecast with your bay area weekend in view shapes up

like this, you got temperatures on the low end, still find upper 20s inland. like napa valley. whatever. just not going to be as cold as it has been. as we go through the five-day forecast, getting into the upper 60s. sure somebody will hit 70 degrees as we go into the warmer days. especially sunday. five-day forecast with your bay area weekend in view. when i come back we will look at the long range computer model. a big change coming to instagram that will keep pictures private and nasa is left scrambling as problems mount at the international space station. how a small problem is causing big concerns. >> one year since the shooting at sandy hook elementary school, the gun laws passed here in california after the shooting. what they have changed. plus making streets safer for pedestrians but slowing down

firefighters? 2 investigates the concerns and we are learning why tensions are escalating. these story and more coming up at 6:00 p.m.

nasa is trying to figure out why there is a malfunction in the cooling system. it is not a crisis yet and nasa wants to make sure it doesn't

become one. >> reporter: a problem causing big worry. one cooling system on board the international space station shut down for a second straight day, now experts on the ground working with the crew to find the problem and fix it. >> working to find out what it is. we think it may be a flow control valve inside the module itself. if necessary we can have the crew do an eva or a space walk and change out the flow control valve. >> reporter: the cooling system is designed to keep computers cool. the pump was shut down on wednesday when a team noticed an unusual temperature reading. nasa engineers stressing there is no danger to the crew or the station but they are planning for the worse just in case. >> nasa thinks what is our next fall view going to do -- failure going to do to us. >> reporter: the process may not be easy. it took three space walks to

repair the same valve in 2010 and space walks have been on hold since july when a astronaut's helmet suffered a water leak. >> every time we do an emergency eva, what the folks remind me is this is risky stuff and we should not take it lightly. >> the crew of the international space station is made up of two americans, three russians and one japanese astronaut. fox news. instagram lets you choose choosee -- who sees your photos. there is also an option to send it to just one follower. you can use it as an incident messenger. the dow is down 104 to 15,739. the nasdaq is down 5 at 3,998.

the s&p is down 6 to 1,775. healthcare coverage, coverage, the new campaign using celebrities to sign up. >> the crime scene tape is up, the investigation is underway. how a man was killed outside the farmers market. >> the fight over using cell phones on airplanes, the new move, the fcc considers lifting restrictions. >> and two politicians going on a fast, the issue they are taking on and how long the fast will last. sofa... desk... you know what? why don't you go get some frozen yogurt. i got this. you're so sweet. you got this, right? i do got this. from the shelf, and to your home. starting at $99.

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sofa... desk... you know what? why don't you go get some frozen yogurt. i got this. you're so sweet. you got this, right? i do got this. from the shelf, and to your home. starting at $99. complete bay area news coverage starts right now, this is ktvu channel 2 news at 5:00 p.m. a pedestrian was struck and killed today near a bay area farmers market. what makes this area so dangerous for people trying to cross the street. the accident happened near the civic center. it was about 10:00 a.m. this morning when the man was hit. ktvu's mike mibach is live now from the scene with why some say this intersection is especially dangerous.

mike? >> yeah. dangerous. civic center drive is a dangerous stretch of roadway. folks coming out who take that first step on to the street, you just can't assume that a driver is going to stop and see you. >> reporter: a tent, on the inside a body of a man. >> he was carrying bags. >> reporter: to the south, a van. damaged to the right front end. >> yes, it was loud impact. >> reporter: a vendor at the farmers market, feet from the market, a man was killed trying to cross the street. >> struck by van. driver stopped right away and deputies rendered tied the victim. fire department responded but he was declared dead.

the speed slim 25 on civic center close to limit is 25 on civic -- the speed 25 on civic center drive. >> i think if somebody was killed, well, we should be paying attention to that and do something about it. >> need to use common sense when you are driving. >> reporter: she says it is up to the traffic engineer and streets department to decide if a stop light or sign is needed. >> heavily traveled street as you can imagine. and we have had collisions over the years. >> reporter: the police department released the name of the victim an hour ago. 79 years old of nevada city. 38-year-old driver, it is not known if that individual will be charged in the accident.

mike mibach, ktvu channel 2 news. the chp is trying to figure out what set off a chain reaction crash that ended with a big rig over turned and engulfed in flames. the chp says the big rig driver tried to swerve to avoid a collision but was unable to stop and slammed into the wall and plowed into a car. no one was seriously injured. a evening of tree decorating ended with a fight that left a woman with her ear partially ripped off. a 19-year-old was arrested on suspicion of battery after getting into a fight with his brother's girlfriend and partially tearing her ear off. they were fighting over whether to surprise the children with a decorated tree. members of congress are hoping to head off mass shootings by providing better

treatment to people who are mental mentally ill. one congress said it is a matter of plugging the cracks in the system. >> reporter: he was 17 when he was diagnosed with a mood disorder and letter schizophrenia. his life changed forever. he has been hospitallationed 10 -- hospitalized in 10 years. >> lost his friends, girlfriends, private school. >> reporter: a psychologist says he wants to ease the stigma of mental illness. just two days before the first anniversary of the shootings at sandy hook elementary school he is unveiling a plan to fix the broken system of mental health. it would it would expand

outpatient treatment as an alternative to inpatient care. >> reporter: [ inaudible question ] >> more people die. many more people die. >> reporter: he is betting legislation will stem gun violence. she tried to save him, hopes it will pass in time to save someone else's son. jacqueline felt, ktvu channel 2 news. at 6:00 p.m. the sandy hook elementary school massacre's push for gun control, what changed and what minute and why gun buy backs are more popular. members of the bay area delegation decided to stop eating for one day. a symbol of their fast is a cross that has been passed among members of congress. he had been fasting for 24 hours passed it on today so he

could begin his fast. it will go around till immigration reform is passed. the bill is stalled in the house because speaker of the house john boehner hasn't called for a vote. >> the republican leadership won't bring it to the floor. let the people's representatives vote. >> it is a symbol we stand with the families who are waiting for congress to act. only congress can act and it is important for us to do so. >> they were at a rally held by activists from the group fast for families. members have been fasting for two groups. covered california is enlisting the help of celebrities to sign up for health insurance. it will include short videos, featuring film stars, threats and other personalities whose encourage people to tell their friends. it is leading the campaign for

exchanges across the nation. there will be a live stream event on january 16. report shows young women are closing the pay gap. the report shows women ages 25- 34 are earning 93 cents on the dollar compared to male workers. that is better than women over all who are earning 84 cents on the dollar. many are still worried about their future earnings potential. a wild case reaching 100 miles per hour. police follow a car through four cities in contra costa county, how they got the suspect to stop. >> why this christmas wreath is coming with a $4.6 million price tag. >> and the excuse given by the

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service. he stood next to world leaders as they were speaking. he says he is schizophrenia and he panicked when he heard voices and see angels. south africa said they don't know who she and say he -- he is and say he is a fraud. a budget deal in favor of the spending plan. the measure is a compromise between paul ryan and patty murray. >> not everything we wanted but our job is to find enough comb ground to move the ball ahead. >> the bill now goes to the senate where some threatened to filibuster against it. air travelers on jet blue have access to high speed wifi.

they became the first material use the service -- airline to use the service. basic version is free but there is a premium service that gives travelers the ability to view videos for a free. they are one of the last u.s. airlines to offer inflight wifi but says its satellite is 8 times faster than the connections on other airlines. the award season in hollywood is underway with the announcement of the golden globe nominees. >> best motion picture drama. 12 years of slave. >> they announced the nominations in los angeles this morning. 12 years and a slave and concartest caper american hustle led with 7 nominations

each. rope trip nebraska 5 nominations. gravity received four along with captain phillips. winners will be announced january 12. a new option available to women who want tolower their risk -- to lower their risk of breast cancer. >> a grant and a lot of help from this neighborhood is turning this park into an oaces for children. -- oaces for children. >> the punishment a first grader is getting after he is suspected for kissing a girl. >> how cool it will be tomorrow night, after the break, the warmest day on the bay area weekend. avo: the volkswagen "sign then drive"

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new at 5:00 p.m. one of the toughest neighborhoods in the bay area but tonight a small park is becoming hope for those who live in richmond's iron triangle. a grant is used to give children a oasis away from the violence and crime. ktvu's john sasaki reports it is more than just the park that is getting the face lift. >> reporter: signs of its challenging history but this work in progress is bringing home. the new park. >> kids, they love the park. and they just can't wait till it gets finished. >> the park has been alelm avenue and 8th street for --

elm avenue and 8th street. not long ago -- >> people drinking, smoking. doing other stuff, other than playing. >> reporter: then she arrived with a grant to revitalize the park because there are more children here than any other part of the city. >> kids cannot be healthy unless they have a place to play. play. >> this is more than just giving to the community. >> we hired a bunch of folks from the neighborhood -- from the neighborhood and it is this neighborhood team, came up with a vision for what the park would be. >> reporter: they are the ones building it. >> we don't come to work for a check, we live here so we are more invested in it. >> reporter: a path, arts and craft area, housing play area, and a zip line. >> i can't tell you how many

times come by god bless you. >> reporter: it will be finished in the spring and pleasant worried about criminals -- police aren't worried about criminals. >> something like this is not the place for them. >> reporter: once this is done the next project is a $5 million unity park. john sasaki, ktvu channel 2 news. families heading into the city may be disappointed to find the antique carousel is shut down and won't be opening for several months. it is 107 years old. it has been closed since september because of a cracked cracked bearing shaft. it is also undergoing other restoration work and they are hoping they will reopen that ride by next spring. one target store was

teaming a law enforcement this morning. but it wasn't an emergency that brought them there, it was shopping. >> 32 students in san jose joined sheriff's deputies and police from 11 agents for a shop with a cop event. each stupidities received $125 gift card to spend. some of the children were selected for their hard work and others were selected because they lost a parent to domestic violence. >> brings everyone together bridge the gap. >> this is the sixth year the foundation put on such an event. the san jose, campbell, redwood city police police departments all took part. three french hens and two turtle doves aren't enough for

royals. how about adding this to the 12 days of christmas. this holiday wreath has 32 diamonds and 16 rubies, 138 carats and costs $4.6 million. the wreath was made in finland by a floorest who caters to -- florist whoicaters to royalties -- who katers to -- caters to royalties. bill is here now with the forecast. >> let's look at the temperatures we saw. this is a big departure from 3, 4 days ago. highs in the mid-40s. 60 in santa rosa. 58 pacifica. warm up is going on. slow warm up. the weather system is sliding through to there north of us

right now it is all going to dry out. you see the rain pop up and dries out. we will see clouds. a wind shift and a warm up in over night lows. good news. lots of 40s outside right now. partly cloudy skies and cool tonight. no freeze warnings. no frost advisory. nicer night over all. tomorrow, looking for a few morning clouds and then temperatures upper 50s. low 60s. we are going the right way. into the bay area weekend, plenty of 60s. maybe 70 degrees. here is the low-pressure system. tomorrow partly cloudy skies. nice. this glides through. to the weekend. high pressure establishes itself and numbers increase into the mid-60s. maybe 70. we will track that.

rosemary orozco will track this over the weekend. fog burns off. friday afternoon. and then as we get into tomorrow, it is a spare the air alert. partly cloudy skies when you get going tomorrow. temperatures will end up tomorrow in the 60s. these are highs. 59 concord. 62 santa rosa. lots of upper 50s. lots of low 60s. five-day forecast with your bay area weekend in view few clouds tomorrow. that will warm us up. not as cold as it was the last few nights. napa, cold but not as cold. there is your five-day forecast with your bay area weekend in view. thank you. a superintendent in colorado dropped sexual harassment allegations against a six-year-old boy. he was suspended after he kissed a girl on her hand. that brought outrage around the

country. the superintendent changed the boy's record to misconduct. the girl's mother who is also a teacher in the district says the charge was justified because hunter kissed her daughter several times before without the girl's permission. a ban of cell phones on airplanes clears a hurdle today. the next step needed. plus -- >> a wild chase reaching 100 miles per hour in contra costa county. what sparked the police chase in the first place. >> we brought you the concerns about narrowing streets slowing down firefighters. >> it does not prevent trucks from turning. >> at 6:00 p.m. 2 investigates the tensions between city leaders and emergency responders plus a push to give public money to workers, why supporters say it would prevent crimes. those stories and more next at

6:00 p.m.

is under arrest after he -- a man is under arrest after he led police on a high-speed chase through four cities. it started last night about 7:00 p.m. while officers were conducting a enforcement detail in

antioch. the suspect's car hit a police officer as he was trying to get away. that officer was not hurt. the suspect then led officers on a chase with speeds up to 100 miles per hour through antioch, pittsburg, bay point, concord and back to antioch. >> i said oh, my god. they are coming down our street and that guy was speeding like crazy. sparks flying. third time he did it they got him. the police dog was fabulous. >> officers caught the man using the police dog and spike strips to stop the car. he was booked with assault with a deadly weapon on a police officer. drug used to treat breast cancer is good at presenting big east -- on breast cancer. a new study shows it cut the risk of breast cancer in half.

it involved women at high risk of the disease. those who took it were less likely to develop breast cancer. would you want to hear someone talking on their cell phone during a flight? the federal communications commission voted to consider lifting the ban. what happens next and why the largest flight attendant's union is against the idea. >> reporter: a ban about the use of cell phones on planes may be coming to an end as the fcc votes on the proposal. and put that control in the hands of consumers and the airlines. >> we are going to continue the ban on mobile devices that can interfere with networks. but where there is new on board

technology that eliminates the potential for interference there is no need for a rule. >> reporter: it would start the process to collect information before final action is made. the faa said they would allow use during flights saying technical concerns are no longer an issue but travelers are concerned how any change would effect their flight. >> if someone has an emergency and needs to make a call, there should be an exception. >> ipads is fine but talking on a phone, i don't think they need to do that. >> i am the last person who wants to listen to somebody talking to me while i fly but we are the technical surgery and we will make -- agency and we will make a rule that reflects the agency. >> reporter: a union expressed concerns it may lead to fights

between passengers. fox news. now at 6:00 p.m. leaders say changes being made to streets are critical to protecting pedestrians and bicyclists but tonight 2 investigates why firefighters say the changes are slowing them down. >> inferno. my god. >> this crash killed one person, now we are learning the driver responsible may have been driving drunk at 10:00 a.m. in the morning and the sandy hook elementary school massacre prompted gun control efforts. we are looking at what changed and what stayed the same in the year since. >> complete bay area news coverage starts right now, this is ktvu channel 2 news at 6:00 p.m. 2 investigates the difficult balance between pedestrian and bicycle safety. i am julie haener. >> and i am frank somerville.

>> firefighters say changes to streets in san francisco are making it difficult for fire trucks to get around. we went out with firefighters to see for ourselves. streets are being redesigned to keep pedestrians and bike riders safe. tonight 2 investigates the changes that continue and the tension between both sides of the debate. here is ktvu's david stevenson live in san francisco. david? >> reporter: this is a templeerary bulb out -- temporary bulb out, firefighters say safety important but these projects can effect their response time to an emergency. >> reporter: san francisco firefighters told ktvu getting to the scene of an emergency is getting more difficult. since we reported in october the city has seen more lanes converted for bicycle and bus traffic aimed at keeping cars from clipping pedestrians.