for an hour after the sergeant asked to speak to her client about a case. she tried to protect her client's right. >> the officers would not give me any information. >> reporter: the two men were photographed by officers in the hallway. [ indiscernible ] >> reporter: the public defender calls it profiling and a civil rights violation. >> i have never seen anything like this happen to anyone at the hall of justice. >> as far as we can determine at this point the sergeant actt appropriately. >> reporter: a set of burglaries unrelated to the case. analysts say the police may be right. >> even though they have already been charged and represented in this other crime

the police can ask them questions about unrelated offenses. >> reporter: they want the charge against jami tillotson dropped. and an apology from the police department. at 6:00 p.m. more on the background on the sergeant and the reaction from the men on tape who you see being photographed. >> thank you. today we learned heart breaking new information about a deadly shooting in san francisco last night. it turns out one of the people killed was a mother of three, hit by a stray bullet. she was caught in the cross fire. her family says she pushed her daughter out out of the way just before she was shot in the head. ktvu's allie rasmus is in the city with what she learned. >> reporter: police believe this was a case of this mother being in the wrong place at the wrong time. she was outside her home with her kids when a gun battle

broke out and she was killed in the cross fire. >> i have been asking god to help be strong. >> reporter: tending to this memorial. she hurt, tired and sick of the violence. >> people die in these streets, in this district. unfortunately it happened to my sister. >> reporter: she was one of five sisters. >> hard working woman. very strong woman that cared about her family. about her children. >> those kids were the focus of her life. >> raised them the right way. you know, have them graduate. send them off to college. just has that good life for them. >> reporter: they vowed to carry out the goals. she was outside her home yesterday when police say gunfire broke out in the

streets and she was struck by the bullet. 4:00 p.m. in the afternoon. she just picked up her kids from school. >> what if it was my kid? me? >> reporter: 10 minutes after she was shot a car pulled up to a restaurant with two people suffering from gunshots wounds inside. one man died from his injuries. the woman is expected to survive. investigators are looking into the possibility they had driven to the restaurant from the shooting scene. >> i am tired of people saying stop snitching. this lady is dead. >> reporter: people in the neighborhood say the violence reached a critical point. >> shouldn't be like this. >> there should be safety no matter what part of the city

you are from. >> police say they have interviewed several witness whose were at the scene although they couldn't elaborate. the family is hosting a vigil tonight at 6:00 p.m. at the intersection where this happened. back to you. >> allie rasmus in san francisco, thank you. the da filed charges against a former star swimmer at stanford who accused of raping a woman. she was a freshman, he withdrawn from the team and dropped out of school. he attacked a woman after a party on january 18. investigators say people stopped him and called police. they say he ran away and they chased him, caught him and held him till police arrived. the contract dispute

continues at the port of oakland. news chopper 2 flew over the port a few hours ago and you can see there, clearly, a long, long, long line of trucks just waiting. ktvu's tom vacar is at the part of oakland. small businesses are hurting because of this? >> reporter: this is a major mess. take a look at this. to you this may seem to be a few random kinds of products but to the folk whose bring them in they mean jobs and more jobs. >> the warehouse is starting to get bear. the product, animal character blankets. the company is waiting for four containers, spring fashions that will be out of season by the time they arrive. >> they have to fill up the store. after the holiday the store is

empty. they need the merchandise. >> they will likely be sold at year end close out for pennies on the dollar. they design and import educational toys. two containers with new products were supposed to be delivered before christmas. >> still it is on hold. i checked this morning, every day i check. >> customers need the merchandise. >> upset they don't have the product to sell it. >> reporter: the danger? >> might have to send somebody home. we don't have to work for them. >> reporter: an importer of

foods. they are waiting on two containers three weeks over do. >> orders coming in for goods that are on the containers. most of the customers are saying put everything on hold. basically puts us at a stand still. >> reporter: customer whose want to sell are not happy. >> we already have a record of unreliability. >> reporter: much of the merchandise is at the port or on ships anchored in the bay or on ships loyaltiering off shore till -- loyaltiering off or the -- loyaltiering off shore. tom vacar, ktvu channel 2 news. . bay area congressman has a new position in congress. he was selected to serve as the senior democrat. that committee over sees the activities of the u.s. intelligence community including the cia. in a statement he says she

honored to -- he is honored to lead the committee. the north coast was rocked by powerful earthquake this afternoon. a 5.7 earthquake hit after 1:00 p.m. off the coast of humboldt county. it has been followed by several small earthquakes. the largest quake was felt for miles. there have been no reports of significant damage or injuries in humboldt county. the earthquake wasn't large enough to generate a tsunami warning. people are digging out from this week's major blizzard. boston and other parts of new england were hit the hardest. cars and roads buried with two feet in boston. emergencies say it was boston's sixth biggest storm -- people who experienced it aren't

surprised by the ranking. >> i walked out, you have to feel your way. >> it was horrible. it was very icy. people were getting stuck. >> it left a few inches of snow in new york city and mayor bill de blasio defended his warnings of a intense nor'easter and his decision to close roads. he said you can't put a price on safety. and in boston somebody tweeted this picture of a man shoveling snow off the boston marathon finish line. someone at the hotel took this picture and it has been shared all over social media today. he is a bartender at a restaurant. jordan agreed to a prisoner swopt with isis. the -- swopt with isis -- swap with isis. more from london. >> reporter: jordan is willing

to negotiate with isis for the release of a pilot. government says the country is ready to hand over a convicted terrorist if she is freed. receiving a death sentence for a deadly al-qaeda attack in 2005. a video claimed a pilot and a japanese hostage had less than 24 hours to live if the prisoner was not released. people holding a vigil demanding the freedom. the government says it will not give up till he is safe. his mother is megging the prime minister to save him. -- begging the african american to save him. >> -- prime minister to save him. >> reporter: a libyan isis affiliate taking responsible for a deadly attack on a hotel. security is high. an american was among those

killed. the obama administration is condemning the assaults. >> support the efforts underway to help the libyan people. >> reporter: that attack is in retaliation for the death of a man for his role in the bombings of u.s. embassies in 1998. fox news. google gets so much terror relates content posted it can't filtter all. 300 -- filter it all. 300 hours of video is being uploaded every minute. it is time for governments to step up to help. google says it gets a lot of help from community groups that flag questionable videos. new details in the case of a woman struck and killed while she was out for a jog.

>> the show down in court and the family's message for the judge. >> look at this, do you see a weapon concealed? one woman's excuse when she was caught trying to bring in this on board a plane. >> and two dozen birds released after they were sickened but they didn't go back to the area wheres they were before. why they were released in sausalito. >> high temperatures today got into the low 70s. when i come back i will talk about the warm up that is headed our way.

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2 we cans after a goo killed hundreds of sea birds -- two weeks after a goo killed

hundreds of birds, the surviving birds were set free in sausalito. ktvu's noelle walker was there as the first batch of birds was sent back into the wild. >> reporter: it is moving day in sausalito. >> they are beautiful birds. >> reporter: today they are getting a room with a view. today they are going home. >> all healthy and fluffy and dry. looked great. they all flu. a perfect -- flew. a perfect morning. >> two dozen sea birds settling in. >> last week washing them all. nice to see them taking off. wonderful. >> they are the lucky ones to have a second chance at life.

nearly two weeks ago the birds were among more than 500 caught up in a mystery spill in the east bay. the department of fish and wildlife is working trying to figure out what it was and who is to blame. >> it is a process. especially when you don't know what your starting with. >> that is the strangest part. we don't know what the product was and how it got in the bay. >> reporter: this comes at a price. the birds rehabilitation cost more than $100,000 so far. international bird rescue is still trying to recoup. and there are still 161 more sea birds waiting to join them. >> the fact that we were able to release them is -- speaks to the heart of why i do my job. >> reporter: giving them wings to fly back home. in sausalito noelle walker,

ktvu channel 2 news. [ laughter ] >> the reason they were set feet in sausalito is there is herring out there, that is what they eat. >> hats off to all those people. they do a great job. the pictures, spectacular. compared to boston. shoveling all the snow and here we are. >> i was riding the other day, riding along this trail, bumped into a big golden eagle. they are out there. we grew up in this area. bald eagles, gold eagles, mountain lions. back in the bay, the eco system -- thinking about the birds -- [ talking at the same time ] >> east bay hills.

sitting there looking down. waited there. i got a picture. >> great. okay. here is the deal. we have had rain in december. january is going to go out dry as a bone. so in december that is the fifth wettest december on record. january 2015 is the driest on record. when you lump them together for san francisco, we are still at -- well, still at 115% of average. 3-1/2 inches of more rain than we would normally have. things are -- we are in better shape. still dry out there. santa rosa 70. 67 san jose. 67 san francisco. i knew it was a female golden eagle. they are bigger. females are bigger. yeah. how do you know it was a female

-- >> i was thinking. >> okay. clouds. few high clouds. beautiful sunset. a slight onshore flow. patchy coastal fog. the valley fog shows up late tonight. back into the valley fog sickle. and temperatures, concord, 67 degrees. temperatures drop tonight. the dew point temperature -- probably in the mid-and low 40s tonight. wherever the temperature meets the dew point temperature you will see fog. we will see it. saw it this morning. sacramento valley. we will see it again tomorrow. and patches around the bay area. yeah. temperatures in santa rosa -- the other thing, the temperatures, santa rosa 42. that is -- once it reaches the dew point, that is as cold as it will get. doesn't get much colder than that. you get cloud cover, things warm up. 42 santa rosa. that is your over night low.

66 livermore. 67 morgan hill. the five-day forecast with your bay area weekend in view, and you can see dry. infinitely. counting on stuff -- unfortunately, counting on stuff next week. yeah. frank, i am a northern californiaen -- [ talking at the same time ] >> to see those things coming back, the birds, really strikes me. the bay was so much more polluted 100 years ago. it is way cleaner now. >> i checked the wingspan on a golden eagle, 8 feet. >> telling you, she was that tall. big. [ talking at the same time ] >> thank you. the super bowl is this sunday. for a lot of people watching the commercials is almost as much fun as watching the game. buzz wiser is back.

-- budweiser is back. here it is. [ music ] [ music ]

>> wow! >> sweet. >> gets you. >> like i know i am -- my emotions are being manipulated. coming up, we will compare the super bowl in arizona to next year's super bowl in clarra. how -- santa clara. how the mayor says he is losing money on thedale and a -- the deal. and a hidden dagger discovered -- dagger discovered that airport. >> julie haener is here now for what we are working on for 6:00 p.m. >> coming up, ecigarettes are a health threat. that is the finding of officials. the risk they outline today and the regulations they now want to put in place. plus -- >> this is not helping california's drought. water officials now taking stalk after the first january without rain. these stories and much more coming up new at 6:00 p.m.

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like a story out of a spine novel. a hidden dagger found in the bay area. someone tried to bring in a dagger hidden in an eiffel tower. they tried to pass through security at oakland international airport but they spotted it and confiscated the weapon. the passengers says her mom bought the eiffel tower for her nephew and they didn't realize

it contained a knife. the supreme court halted three executions in oklahoma pending a review of a lethal injection. the first in a three drug combination. it is linked to three bumped executions that left -- botched executions. it will be decided by june. lethal injections are on hold in california. one of those events in history that you remember where you were when you heard about it. today 29 years ago the challenge space shuttle exploded. in 1986. the nation was stunned when the challenger exploded 73 seconds after taking off from florida. all 7 crew members on board were killed. record earnings for apple. they sold 74 million iphones. the company reported the

earnings yesterday. apple's rev lieu, 74 -- revenue $74.6 billion. investments of $178 billion to. that is enough to give every single american $556. and there are more than 316 million people in the united states. a mysterious death that hasn't been solved. a woman found dead along a highway. the new clue police have. >> we have a child inside. we will be going into escue mode -- rescue mode. >> what happened to the three children inside and why child protective services is now involved. >> hobblings spotted a fox that hasn't been seen in 100 years.

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complete bay area news coverage continues right now, this is ktvu channel 2 news at 5:00 p.m. a family wants justice after a woman who was out for a jog was killed by two drivers who were racing at 70 miles per hour in a 40 miles per hour

zone. today there was dramatic moments. this comes as a vigil to remember her life will begin in 30 minutes. ktvu's ann rubin is live at the scene in san jose. an emotional outburse in court today by the family -- outburst in court today by the family. >> reporter: they wanted to make sure the judge and the suspect knew how they felt. >> reporter: emotion in the courtroom. he made his first appearance in front of a judge. the family of the woman he is accused of killing demanded to be heard. >> reporter: she was struck monday while out for a jog. they were street racing going twice the speed limit when they lost control hitting her.

now both men face vehicular manslaughter charges. >> i could understand if they weren't racing. this is not just what happened. these guys were racing each other. and it is a crime. >> reporter: their message is clear, the drivers deserve more than a slap on the wrist. >> the only way to stop is if you make an example of these people who kill others. >> reporter: meanwhile police stepped up traffic enforcement trying to get drivers to slow down. >> so far -- [ indiscernible ] >> reporter: he is hoping to get radar speed back signs in tomorrow. >> we can get them up immediately. >> reporter: this road has been a problem with four fatalities since 2009. they are hoping now things will change. >> i hope so. i am believing it is.

putting my faith in god. they need to. this is too high of a price to pay. >> reporter: bail was set at $100,000 for both suspects. one of them has already posted bail. the vigil will get underway at 6:00 p.m. and there is talk of marching to a nearby park if the crowd gets too large. >> i am sure that crowd will grow. thank you. a report says california's improved financial health is not due to tax gains. california recovered because it cut spending. they cautioned against relying on revenue projections saying the state should build up a cushion. sheriff's department uncovered new video that it helps will solve a death. investigators posted video on youtube showing the victim just

hours before she died. ktvu's christien kafton is at the restaurant where the woman was captured on video with two men. >> reporter: the night before she disappeared she met with the two men and they hung out here. at this point investigators are saying the two men involved are not called suspects but they are hoping the men can help them unravel the mystery of what happened to her. >> at this point they are just persons of interest. they are the last two people who were with her. >> reporter: investigators held off on releasing the video but now posted it hoping someone recognizes the men and can help deputies talk to them about what happens on november 16 when someone called police saying they spotted a woman who was hit by a vehicle on highway 29. that woman was identified and she died of her injuries. but investigators never figured

out how she got there or who hit her. they are hoping these men will hold the missing pieces. she met with the men here at 8:00 p.m. the night before she was hit and killed. they left together as a group at 10:30 p.m. >> they conversed in spanish but the perception everybody had that we talked to seemed to think this was an initial meeting between the three of them. >> police say the first man is between 28-40 years old -- 28- to-40 years old and between 5 feet 6 inches and 5 feet 10 inches tall with a medium build, black hair and a goatee. the other is 25-to-35 years old between 5 feet 5 inches and 5 feet 7 inches tall with a heavier build and short dark hair. police released a time line. the day before her death she went shopping. 6:00 p.m. she visited a bar and grill and 8:00 p.m. she arrived here where she met up with the two men and they then went on to a restaurant in

santa rosa and her body was founds on highway 29 the morning of the 16th. compounding this mystery, she did not have a car and relied on public transportation. investigators believe she may have caught a ride with the men. if you know anything about the investigation authorities want to hear from you. christien kafton, ktvu channel 2 news. officials are trying to learn what they can from had super bowl before it comes to santa clara. why the mayor of arizona says it is a losing deal. >> an unusual site off the coast of monterey. the pictures of what look like a rare type of dolphin. >> and meet the high school orchestra trying to make a dream trip come true. [ music ]

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people out on the bay. look at this. a rare treat to see something unusual sunday. they spotted spotted the rare white dolphin swinging along with the gray dolphins. they are larger dolphins that like warmer water. look at a rescue in northern california. three firefighters rushed into a burning apartment to save

three children who were inside. we are seeing that rescue from the helmet cam helmet -- cameras the firefighters were wearing. >> reporter: this video shows firefighters rushing into the burning apartment. he took some of the video and he rescued one of the kids. >> i had to look back at the video to realize how my reaction to it. i don't remember reacting the way i did. immediately just thought we need to get this kid out. and get them out to fresh air where there is medical equipment and personnel. >> reporter: when firefighters arrived at the apartment neighbors started screaming the kids were inside. >> we discovered we have a child inside. we will go into rescue mode. possible kid inside. kid inside. where is she? how old is she?

>> immediately we went into rescue mode. started moving faster. and just immediately wanted to make a difference. from the second i stepped in the doorway i couldn't see anything. at one point i found a window and opened that, aside from that you couldn't see anything. >> in the back bedroom to the left. where? where is she? where is she? >> afterwards you think about it, i have a young daughter at home, it hits close to home sometimes. >> you couldn't see anything. the children are badly injured and in the hospital. they are in the custody of

child protective services. as for the investigation into why they were alone in the apartment it is still continuing. the fire started around the entertainment center and the cause is electrical. a rare fox spotted in yosemite. how they were able to get this picture without scaring the fox away. >> officials are trying to learn from this year's super bowl but the mayor of arizona says he got a bad deal. >> after the break, talking your forecast as we move into a warmer period ahead. see you back here.

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we are four days to super bowl xlix and already the mayor of arizona says his city is going to lose money and because he is speaking out some called the mayor ungrateful. the majority of super bowl events are nearby phoenix and scottsdale. ktvu's mike mibach tells us that has the mayor wondering why his city is paying for security on game day. >> reporter: super bowl xlix. >> i haven't scored a lot of points with the nfl. >> reporter: glendale mayor. >> reporter: how would you describe your relationship with the nfl? >> i don't have a relationship with the nfl. >> reporter: he says he will lose money by hosting the super bowl. >> we will lose couple million dollars. >> reporter: public safety. his city is footing the bill

and claims it will never get the money back. >> it is a hard sell to tell citizens i can't extend your hours we have to shorten them. >> i am sorry the mayor doesn't share the enthusiasm. >> there is enthusiasm and excitement and i think glendale will be in the spotlight come game day. >> reporter: another reason he is not happy, the nfl experience was yanked from his city. the fans and money it draws was in glendale in 2008, this year it is 9 miles east in downtown phoenix. >> if i had my preference i would have preferred to have it here. >> the mayor of santa clara doesn't seem too concerned. he says it is best to have it in san francisco, meaning it is best for the region.

santa clara mayor says he signed off on the idea of the nfl experience in san francisco. 45 miles away from his city. >> this is a regional event. puts us on the map. we are part of the san francisco bay. there will be parties down from the golden gate bridge and beyond. >> the benefit is i don't have to worry about public safety. >> we are doing it because we gave our word. >> reporter: the mayor was not part of the bidding process. he was in the legislator in arizona. >> last year i went to new york for a week, spent a day in new jersey and then coming here to town a similar set up. is the mayor worried he won't be losing money? >> no.

he was able to negotiate a deal with the super bowl host committee right here in san francisco bay area. part of that deal was to cover the cost. you take that money and put it towards public safety. >> amazing how much the super bowl changed. in the first super bowl they didn't even sell out in southern california because the ticket prices back then they considered them exorbinant. $6 to $12. >> average ticket price, $5,700. average price. i just checked stub hub, 12,000 for a single ticket. i was thinking if frank bys i will take -- buys i will take you. you buy. >> nice of you. >> is that like second or third

deck? >> upstairs. depends on the corner. the views. >> what a difference. >> all right. thank you. almost $2 million will be available to make storm remares in the north bay. they -- repairs in the north bay. repairing roads damaged by the storm. the storm resulted in $13.3 million in damage to the county to public and private property. people herding because -- hurting because of the storm but think of the rain we got. that is the last rain we have seen and it has been more than a month. >> san jose got .200 or something. driest january on record. december was the fifth wettest. [ talking at the same time ] >> golden eagle. i guess we take it full. that is the golden eagle. nice to see them coming back. we are doing that story on the

fox in yosemite, that is what i am talking about. things are coming back in the environment that you didn't see. you didn't see golden eagles in the san francisco bay 20 years ago. you didn't. here is what you have. temperatures today, 70 in santa rosa. 64 napa. impressed that i got that on the tv from my phone? [ talking at the same time ] [ laughter ] >> there is the cloud cover out there. you see the clouds that are moving in to create a beautiful sunset out there. fog becomes an issue tonight, tomorrow morning and the fog in the inland bay valley. back into the cycle with warm days. today 70 in santa rosa. tomorrow low 70s. 66 livermore right now. 67 right now concord. those are current temperatures. 64 santa rosa. over night lows, low 40s, mid- 40. fog in the central valley. and then patchy fog.

patchy around the north bay and east bay and south bay. it will be there. what is tomorrow like? like today. there is a low pressure down here that is bringing us clouds. it still stays to the south of us and sets us up with high pressure and we are back in this pattern that we have been seeing for january. december, i am telling you, i was talking with mark, like, december, if it hadn't happened, could you imagine? goose egg in january. which is a good rainfall month. january. you pull a goose egg. december was so powerful, these are the highs for tomorrow. december was such a wet month. we are 115% of rainfall average despite a month of dry. that doesn't happen very much. hopefully we will get something going on soon. there is the five-day forecast with your bay area weekend in view. dry in this 5 day. hopefully -- well, right now they are dry for a couple

weeks. >> gosh. [ talking at the same time ] >> hopefully that will change. >> thank you. a remarkable trip for a high school orchestra, the problem is, they don't have enough money to pay for it. [ music ] >> how they are trying to make that trip happen. >> julie haener is here now for what we are working on for 6:00 p.m. >> coming up, it never happened before but this dry january is about to go into the record books. >> it feels wrong. this is not right. >> we talk with officials about how the sunny january is impacting the bay area during the drought. >> ecigarettes are growing -- ecigarettes are growing in popularity, the health risks. these stories and much more coming up new at 6:00 p.m.

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rare sight caught on camera in yosemite. a sierra nevada red fox. the first confirmed sighting in 100 years. they are using motion sensitive cameras. they spotted a sierra nevada red fox in december and this month. there are 50 sierra nevada red foxes. making it one of the rarest in

north america. efforts by a high school orchestra. ktvu's john sasaki is in pleasant hill, the school needs tens of thousands of dollars to make that trip happen. >> reporter: they have talented students who are looking to learn, share their music and have fun in florida. >> reporter: many high school students may be looking no further than after school. [ music ] >> reporter: but music students are thinking bigger. they are planning a spring performance tour to florida. [ music ] >> reporter: she has been playing since she was 4 years old. >> it is a big deal. we only go every other year and this year orchestra is going. i am really excited. >> they tried to do a trip last year but they couldn't raise enough money. if they can this year they will

perform at disney world, university studios and florida state university. >> university visits. clinics. kennedy space center. exchange performance with another high school. >> reporter: with a composition you can hear these young people are good. [ music ] >> this music is like really good. i never liked this music before but it is good music now. for 72 students and chaperons it will cost $117,000. most of which they already raised. >> reporter: they are trying to raise the remaining 25,000. >> we have the world's greatest race, a selfie contest and organizing a video game tournament. >> the principal says because of budget cuts paying for the program has been difficult.

>> the state cut educational funding. that gets passed down. we are cutting funding that -- across all levels. [ music ] >> reporter: he says this is how he hopes to end his four years. >> this is an amazing way for me to complete my experience here. getting to go on this trip. grow as a musician. tons of playing opportunities. >> they are offering these discount cards for donations and they have a funding website. john sasaki, ktvu channel 2 news. now at 6:00 p.m. a mother gunned down in front of her own children. now police are hoping someone will come forward with information to help lead it the killer. >> officials say there is no doubt now that ecigarettes pose a health threat. the steps they want to take to regulate them like regular

cigarettes. >> loving this weather. >> we should be concerned. >> it may be beautiful but no rain this january, especially bad news for the water supply during the drought. >> complete bay area news coverage starts right now, this is ktvu channel 2 news at 6:00 p.m. >> there is new information tonight about one of the victims of a deadly shooting in san francisco's bay view neighborhood. we know a mother was caught in the cross fire and killed as her children watched. good evening. i am julie haener. >> and i am frank somerville. >> it is believed the mother pushed one of her kids out of the way before she was shot and killed. ktvu's allie rasmus spoke to the mother's family, now trying to come to grips with the devastating loss. >> reporter: she spent the day on the corner tending to this memorial for her sister. people stopped to offer

condolences. >> i didn't think i could be this strong. but i think i have to. >> reporter: she was one of five sisters and the mother of three kids. the youngest three years old. >> hard working woman. very strong woman that cared about her family. about her children. >> reporter: the family is stepping in to raise the kids now that their mother is gone. she was outside her home yesterday when police say gunfire broke out in the streets and she was struck by the bullets. it was 4:00 p.m. in the afternoon. she just picked up her kids from school. a car pulled up at a restaurant with two people suffering from gunshot wounds. the man died from his injuries. the woman is expected to survive. investigators are looking into the possibility the victims drove to the restaurant from the earlier