terry mcsweeney is live on mclaughlin avenue. in the meantime, this story for you.morning, it comes after prosecutors dropped charges against a san jose police officer that killed a knife-wielding man in january. d.a.'s office says the officer's actions were legally justified. a man had a knife in each hand when he charged the officer. the officer shot the man four times and he died at the scene. now, we have terry mcsweeney live on the story where a shooting a suspect overnight. >> reporter: you can see behind me the officers still out here, very active investigation scene still going on. an investigation that began after midnight after the shooting occurred. take a look, a silver mustang. police are saying two men inside the vehicle were spotted by the santa clara county auto theft task force. this is an agency made up a variety of law enforcement agencies. it includes state investigators, as well. last night san jose and mountain view police officers along with chp officer working undercover, unmarked cars, they saw a mustang and ran the incarcerate and found it

i'm terry mcsweeney live in the newsroom. the story on the way. >> i'm amy hollyfield live in san francisco. where police are looking for two men who opened fire in the bay view in the middle of the afternoon. sent a 5-year-old girl to the hospital. >> good morning. a look from downtown san francisco. third consecutive spare the air. i'll show you where the air quality will be poor and when it will cool off. >> sue hall following wednesday morning commute. abc7 traffic center. thick fog on the golden gate bridge. hot spot is san leandro with a big rig accident. we'll get you around it in a minute. >> i'm kristen sze. >> i'm eric thomas. breaking news out of iran where two u.c. berkeley graduates are free men. shane bauer and josh fattal have been released after two years imprisoned on spying charges but there is confusion about where they are and if they have left the prison facility exactly. terry mcsweeney is on top of the story all morning long. we know the next step is get them home. >> that is the goal. you would think t

i'm terry mcsweeney live in the newsroom. the story on the way. >> i'm amy hollyfield live in san francisco, where a 5-year-old girl is in the hospital and what happened to her is causing outrage in the bayview community. >> check out this picture from downtown san francisco. hot day in store. not all of us will feel the heat. tell you where the cooling begins today. >> good morning. sue hall following your wednesday morning commute. a couple of incidents we're following now. one in the fremont area. you can see thick fog in the golden gate bridge. more on the way. >> a lot going on this wednesday morning. we will keep you informed. thank you for joining us. i'm eric thomas. >> i'm kristen sze. let's begin with breaking news, after two years in an iranian prison and many heart-breaking delays, americans josh fattal and shane bauer are expected to be freed any moment now. abc7's terry mcsweeney is following the minute-by-minute development out of iran. terry? >> reporter: we have been watching the wires and checking the satell

terry mcsweeney is live in san jose with more on the story. >> reporter: down here at south san jose we have a shooting, officer involved. this is the scene. it's not just police department but chp is involved because the task force auto theft task force. they spotted the vehicle, tried to pull it over. at some point one of the officers, they are not sure if it was a san jose officer or a chp officer who actually pulled the trigger that shot the suspect. the suspect in the hospital with non life-threatening injuries and to try to get more details and fill in the blanks. we're joined by officer jose garcia of the san jose police department. the question, what was it these people did that warranted an officer to shoot at them. >> we are still looking what led up to the shooting. i could say two of the officers, one is a san jose officer, 2nd officer is from the california highway patrol. they both discharged their firearms but we don't know if each one struck the 31-year-old. we are still looking what led up to the officers discharging their fire arms. >> reporter: second man in the ca

>>> i'm terry mcsweeney live in oakland where the homicide rate is up but police are unable to get their hands on those guns before they are being used and i'll tell you why coming up in a live report. >> also this morning, the san jose police officer accused of having sex with two teenage boys makes his first court appearance today and the search for more possible victims. >> looking down from vollmer peak, you can see the haze hanging around and i'll tell you where the poor air quality and how long this heat is going to hang around the holiday weekend. >> good morning. it is a spare-the-air day. you are urged to take public transit in just a few minutes. >> patients are caught in the middle of a contract dispute between anthem blue shield and stanford hospital. >>> good morning. thanks for joining us. i'm eric thomas. >> and i'm kristen sze. >> our top story, oakland police are warning the public a lot more guns are out there in the streets in the hands of criminals. direct result of city belt tightening. terry mcsweeney has more. >> reporter: in a nutshell the fewer cops on the street

i'm terry mcsweeney live in the newsroom.you why this terrorist was considered a bigger threat than bin laden himself. >>> the man suspected of murdering a hells angels leader in nevada is caught in san francisco. he's arrested by a police officer last night. >>> the justice department issues new rules telling firearms dealers that medical marijuana users cannot legally own guns. >>> good morning. yesterday was the beginning probably the most dramatic part of the cooling trend. it will continue through the weekend bringing a chance of drizzle tonight. i'll update you on the rain for next week. >> sue hall following your commute to have a great start a lot of weekend events we'll tell you about. >> 5:29 on this friday morning. thank you for joining us i'm eric thomas. >>> and i'm kristen sze. one of the world's most wanted terrorist is dead. intelligence officials put on the same level as bin laden. he has been killed in a u.s. airstrike. terry mcsweeney is live with the latest. >> reporter: counter terrorism officials says an

terry mcsweeney is in our newsroom. some are saying this death may be more significant than the death of bin laden? >> reporter: yeah. this man's terrorism resume is stunning. yes it does include 9/11. u.s. counterterrorism official says al-awlaki was killed during a combined drone and jet attack in yemen. he was call the bin laden of the internet. islamic lecturer who preached hatred for americans using a blog and youtube videos, born in new mexico, educated here. held dual citizenship and told foreigners they did -- told followers they did not knee permission to kill americans, just kill them. tied to the gunman in the fort hood shooting in 2009 where 13 were kill. connected to the underwear bomber. >> awlaki is a terrorist. >> probably the most significant risk to the u.s. homeland. >> taking him out of picture is a major achievement in terms of american security. >> reporter: u.s. officials say al-awlaki connected to young people many drawn to al-qaeda training camps by his message to do battle with the united state

>>> i'm terry mcsweeney live in hayward where the woman accused of murdering michelle le is in court today. we know the evidence against her and the requests that michelle le's family is making coming up. >>> i'm amy hollyfield live in san francisco where another bart protest is expected to slam the evening commute. protestors have changed their plans a little bit but they say they are not going away. >>> good morning. live look from roof cam in downtown san francisco. what we're seeing more clouds this morning, winds of change are bringing cooler air in earlier. >>> and road work has been cleared on the bay bridge heading into san francisco. we still have a couple of lanes blocked off on the lower deck. complete report. >> thursday, at 5:00, i'm kristen sze. >> i'm eric thomas. >> topping our news, a union city is due in court to formally face murder charges in the disappearance three months ago of a nursing student. despite the arrest there is huge unsolved mystery in the murder case. terry? >> reporter: there is still no body and family of michelle le, they are determined to find

terry mcsweeney is live. >> that request is tell us where the body is.wondering what happened, where she might be. they have been searching and now they are asking for one last piece of help and they don't expect her to tell the truth. her former friend, gizelle esteban in unrelated courted case. she is under arrest for the murder of michelle le. the body has not been found. police revealing their evidence against esteban, surveillance video and tennis shoes found in her apartment and cellphone evidence. as far as a motive but it may be jealousy. she did call abc7 after le disappeared and she said she had nothing to do with the disappearance but she was also very upset in the fact hated le with the relationship with le's relationship with her former boyfriend. esteban has a history of mental illness and expected to be in court at 2:00 alameda superior court for her first court appearance. and amy hollyfield is doing a bart story in san francisco. >> it's deja-vu. this one a little different but changed locations, going to be at the powell station and cha

. >>> i'm terry mcsweeney live in oakland where the number of shootings is way up. the number of homicide says way up. number of guns taken off the street is way down. i'll tell you about the problem and maybe a bit of a solution coming up in a live report. >> and it could affect millions of people, anthem blue cross has cut ties with stanford hospital and clinics. >>> good morning. check out a beautiful picture from sutro tower this morning, talk about poor air quality and summer heat for the holiday forecast. >> i'm sue hall following friday morning commute. so far friday light. take a look at public transit coming up in a few minutes on spare-the-air day. >> happy labor day weekend. i'm kristen sze. >> i'm eric thomas. >> the latest unemployment numbers are out this morning and show no change from the month before. it comes days before the president briefs congress and america on his plan to create jobs. nick smith is live in the newsroom with what it means. >> reporter: the government monthly jobs report was just released moments ago, labor department says the j

terry mcsweeney, "abc 7 news." new twist in the case against the san francisco lawyer charged with sexually assaulting three women he met on craigslist. they say he videotaped some of the encounters and can prove his accusers are lying. a 19-year-old woman that he raped her in june. he told the judge he had a video of their encounters that shows the sex was consensual. three women have accused him of raping or sexually assaulting him after responding to his ads. >> in washington, president obama is prepared to outline his new job creation proposal for congress but the simple act of finding a day to do it has turned into a battle. he initial announced it would happen on wednesday but john boehner said it would overshadow the republican presidential debate that night. after hours of wrajs link she chose to address it next thursday. now he'll have to compete with the first game of the n.f.l. season and he is trying to find a time that won't convict with the game. they believe this is the first time lawmakers have forc

>>> i'm terry mcsweeney live at stanford medical center where 20,000 patients had information posted online. when it got there, how come no one seemed to care. we'll have a live report. >> i'm amy hollyfield live in san francisco, one bart station was shot down and another was vandalized. >> good morning. live look from our roof cam. see a few clouds, drizzle for the morning commute. one last hot day before the summer storms roll in this weekend. possible thunderstorms and possible fire threat, too. >> good morning, i'm sue hall. we've got a live shot of the maze and bay bridge, friday light so far and friday morning commute. we've got details coming up. >>> it is 5:01. we thank you for waking up early. i'm eric thomas. >> and i'm kristen sze. >> stanford hospital is admitting to major private breach. names of thousands of patients were posted online and posted for the world to see for nearly one year. live at stanford hospital with a lot more. >> 28,000 emergency room patients had some pretty private information posted online. it was up there for a year. a lot of questions including

. >> i'm terry mcsweeney live in the newsroom. delays at major airports so far. check out flight tracker any time at abc7news.com at the bottom. >> closed captioning brought to you by mancini sleepworld. >> good morning 6:30 on this wednesday trading getting underway on wall street. investors are eight waiting the results involving greece's debt problems. we'll get go there live in 15 minutes. >> congressional hearing is getting under way what went wrong a solyndra. high flying solar panel maker got a half billion dollar federal loan. terry mcsweeney joins us live and headline really who won't be at the meeting? >> that's right the people that was in charge are not going to be there. they say they need more time to prepare. take a look at where this is going to take place. it's going to be hearing by members of the house committee on energy and commerce but again just about getting seated right now. no solyndra executives today. in there is speculation when they do show up next week to testify they will take the fifth and refuse t

live in san francisco, terry mcsweeney, abc7 news. >> we think of ourselves as the well established media, terry. thank you. >> well said. well said. exactly. >> all right. see you in a bit. >> a judge is expected to make a ruling on lawsuit and how it could proceed. it involve 300 plaintiffs suing pg&e for blast in san bruno a year ago that killed eight people and destroyed 30 homes. judge is expected to decide the trial structure. the plaintiffs want a trial to divide claims in categories, physical injury and property damage. try a few of them and apply rulings to all. pg&e would rather have one liability trial than hold private mediation to settle claims with each plaintiff. >> gas leak near san francisco union square is under investigation. yesterday, the crews working for the public utility commission hit an unmarked pg&e line. abc7's leslie brinkley reports. >> reporter: at 2:00 wednesday, witnesses say you could see gas, hear gas and smell gas when a contractor saw through the pavement underlying concrete at mason and post street and ruptured a ten-inch gas main. >> we saw it comin

terry mcsweeney, "abc 7 news." >>> nation is on high alert as the f.b.i., c.i.a. and homeland security investigate a new terror threat. we have learned that they have warned investigators in washington, d.c. and new york that at least three individuals entered the u.s. last month and may launch a car bomb attack. the threat is specific but not confirmed. >>> today marks the first anniversary of the deadly gas pipeline explosion in san bruno. it killed eight people and destroyed 38 homes. a memorial service will be held tonight for the victims of the explosion. we'll have coverage at abc7news.com and stream it live on our website at abc7news.com from six to 6:30 tonight. >> final check on weather and traffic, mike. >> a little drizzle around the bay area. thickest fog into santa rosa, half mile visibility for you. 50s until you get to mountain view and antioch. warm day in storm store in the afternoon. temperatures in the 90s valleys. 50s at the coast. much cooler this weekend and watch out for those isolated thunderstorms. >>> looks like problems developing as we

>>> i'm terry mcsweeney live in san jose. a san jose police officer is waking up in jail this morning having been indicted for molesting two miners. investigators believe there may be more victims out there. >> half billion dollar government loan to solyndra is raising political questions after the solar panel company shut down. details coming up. >>> good morning. waking up to a partly cloudy sky. with the new month, summer is forecast. we'll talk about how hot it will be this holiday weekend. >> sou hall, among the commute. couple stalls in the maze and one in the san francisco westbound on the sky way. >>> thanks for joining us i'm eric thomas. >> i'm kristen sze. >> veteran police officer finds himself on the wrong side of law accused of sexual acts with teenage boys. this is san jose officer who was based at a high school for many, many years. live at police department with the story. >> reporter: 44-year-old patrick durego was the campus officer from 1996 to 2007 and he is facing very serious charges. where the crimes a

the process began an hour ago. >> terry mcsweeney is following the late-breaking developments from ourm. terry they reportedly is been freed. where are they right now? >> they may be free and still inside the prison wall somehow. diplomatic sources and the iran official press say josh fattal and shane bauer have been freed from prison. photographers right outside evan prison say they have not seen the men leave yet. bauer and fattal will be hended over to swiss diplomats because the u.s. has no diplomatic relations with iran. swiss embassy vehicle is waiting to take the men away. iranian attorney for the two men says he was able to obtain a signature from a second judge in the case. that was the last obstacle standing in the way of their freedom. why iran president calls it a humanitarian gesture, it's actually costing half a million dollars each for their release. not clear who is paying the money. they're expected to follow the same path back to the u.s. fellow hiker and former prisoner sarah shourd followed after her release. that would be transported by swiss diplomats from the pri

. >> reporter: i'm terry mcsweeney live at the supreme court building. same-sex marriage back on the table. the question, do supporters of prop 8 even have the right to be in the courtroom? the story is coming up. >> good morning, a couple of weather stories, fog around the bay this morning and then the heat that is coming on today and tomorrow. if you like summer you will like the next few days. >>> things are looking great at the bay bridge toll plaza. no metering lights and traffic is light. >>> last stragglers are heading into school. i'm eric thomas. >> and i'm a kristen sze. >> the hopes for same-sex couples for marriage rights hang in the balance today. state supreme court is holding a hearing to determine whether back isers of the prop 8 gay marriage ban can continue pressing their case in court. live in the court from san francisco, terry? >> reporter: do the backers of prop 8 have legal standing to appeal a federal judge's ruling that overturned prop 8? that is the question they will be hearing arguments on today. take a look at video, proposit

terry mcsweeney is live at mack laughlin avenue with the latest democratic mclaughlin and yerba buena. investigation is continuing. something that happened a shooting about midnight. police are looking into two big questions, who and why. take a look at mustang at the center of the investigation. this was the car that was spotted by the auto theft task force. now san jose, mountain view and chp officers were working undercover and spotted the mustang, it came up stolen and pulled it over. >> i'm not sure how they came about this car, but they did run the license plate and knew that was stolen. two individuals were in iraq is, something transpired when they tried to stop the vehicle leading the officers to discharge their firearms. >> reporter: they're not sure if it was a san jose officer or mountain view officer who shot the suspect. they both discharged their weapons. 31-year-old man was shot. he is in the hospital light now with machine nn life-threatening injuries. a 40-year-old man was arrested believed to an parolee say san jose pd. he is being investigated or interrogated down

terry mcsweeney is in sausalito. terry you talked to the d.a.'s office what are they saying? >> reporter: they got the case a short time ago. cannot talk about the case in particular. they say this every battery case they look to see the facts, the circumstances the suspect's criminal history, if any and figure if they have a real good chance of getting a conviction. all of this because of what happened here at the sausalito city hall on september 13th. take a look for yourselves. this is in its total on the right councilwoman ford next to her vice mayor kelly. she stretched out her hand and tells him to hush. he responded by whacking her hand, that's it. the d.a.'s office does say technically the slightest unwanted touching can be deemed battery this is clearly unwanted. councilwoman ford says it was more than a light tap. >> i held up my hand and said shush. i put my hand back down. the next thing i knew vice mayor kelly hit it and hit it hard. it was meant to hurt. >> reporter: if the d.a.'s office does decide to prosecute mr. kelly, you see here, there are several ways th

terry mcsweeney is in sausalito. terry you talked to the d.a.'s office what are they saying? >> reporter: they got the case a short time ago. cannot talk about the case in particular. they say this every battery case they look to see the facts, the circumstances the suspect's criminal history, if any and figure if they have a real good chance of getting a conviction. all of this because of what happened here at the sausalito city hall on september 13th. take a look for yourselves. this is in its total on the right councilwoman ford next to her vice mayor kelly. she stretched out her hand and tells him to hush. he responded by whacking her hand, that's it. the d.a.'s office does say technically the slightest unwanted touching can be deemed battery this is clearly unwanted. councilwoman ford says it was more than a light tap. >> i held up my hand and said shush. i put my hand back down. the next thing i knew vice mayor kelly hit it and hit it hard. it was meant to hurt. >> reporter: if the d.a.'s office does decide to prosecute mr. kelly, you see here, there are several ways th

terry mcsweeney is live outside the conference with the latest. >> reporter: a lot of facebook fans not happy with the new look of facebook! but there's really bad news from ceo mark zuckerberg today. not only are those changes going to say, there are more on the way. one he introduced today called "timeline." >> timeline is the story of your life. it has three pieces: all your stories, all your apps and a new way to express who you are. >> reporter: zuckerberg is looking forward to partneringing with services to allow users to share music from different services on the cy looking forward to ad revenue of maybe 2004 billion dollars this year, close to six billion next year. some users looking at that page with a different look on news feed, larger photos and top news and most recent, gone, too much too fast they are posting. developers and tech experts say it is just right and right on time. >> what makes facebook, facebook they are constantly invote nating -- innovating and helping us understand about our social circle. these new ways of dealing with information is going to help them u

terry mcsweeney, abc7 news. >>> we have some good news in crime fighting in oakland.ithin the last half hour the oakland police department found out it will get 10.7 million dollars in federal funding to hire new police officers. the money comes if a u.s. department of justice grant. that program provides funding directly to state and local police agencies that will focus on community oriented policing. >>> breaking news out of santa clara. a gas leak reported on benton and los padres. first reports a construction crew ruptured a gas main. we are hearing that leak prompted evacuation of three block area around the incident. we are still checking we will keep you updated on the air and twitter. >>> women's resource center at st. mary's college expecting to hold a rally this afternoon to raise awareness about sexual assault. a female student told investigators two men sexually assaulted her in an on campus dorm sunday. police say the suspects have been identified as a student and his friend so far no arrests. police also investigating a rape of another female student a

terry mcsweeney is outside the state building. a lot of activity outside court today. >> reporter: is two debates, one in front of the state supreme court justices and one on the steps. two different topics. take a look at the video on the stipulates. those opposed of prop 8 and those in favor of prop 8 and they are talking about the issue that voters passed back in 2008. that is not the topic of the day. inside the building, the justices are talking about whether the lawyers for proposition 89 can represent the measure in court. do they have legal standing to challenge the judge's ruling that prop 8 is unconstitutional because it violates the rights of gays and lesbians. listen to a clip of two sides inside. >> your honor, if a court invalidates aj initiative then surely it should be clear that the exercise of the fundamental rights that oppose that initiative will have been nullified. >> there is nothing in california constitution or statutes that give private citizens the right to take over the attorney general's constitutional

terry mcsweeney, abc7 news. >> thank you. >>> 6:03 now. not the outcome they hoped for but this morning the family of east bay nursing student michelle le finally knows her fate. coroners say skeletal remains are those of le. amy hollyfield is live at the hayward police department. what is next? >> reporter: well eric now they need to figure out how she died. the body was badlydy composed. she has been missing for almost four months. her family has been serging for her aggressively ever since. it was during one of the searchs that the family organized over the past weekend that her remains were found. they were discovered in an area that had been searched before by police and volunteers generating emotion among volunteers. >> you hope when you gow go through this you hope when it's discovered it's not discovered in an area you were in. not a good feeling. >> reporter: giselle esteban is charged with the murder. she is in jail. she is pregnant with her second child. yesterday, she was assigned an attorney who told us esteban is coping. este

live in the newsroom, terry mcsweeney, abc7 news. >> we'll see you then. >>>5:03. san francisco police chief says the officers followed department guidelines when one of them shot at an armed suspect in north beach but instead hit two bystanders. chief greg sir defended the officer's actions at community meeting last night. the officer opened fire on an armed suspect early saturday morning on broadway near kearney. the shot missed the suspect but hit an oakland man in the ankle and another woman in the thigh. chief sir says that shot forced the 20-year-old suspect to surrender and drop his semi-automatic weapon. >> when an officer believes his or her life is in danger, they can defend themselves. >> i might be walking by. i don't want to get hurt. i don't want innocent people to get hurt. >> chief sir says the department could not feel any worse. the two bystanders were harmed. they have been recovering at home. >> former san ramon police officer tied to a drug and trafficking scand is kept in county jail. they arrested louis lombardi on suspicion of domestic viole

terry mcsweeney is outside the state building. a lot of activity outside court today. >> reporter: is two debates, one in front of the state supreme court justices and one on the steps. two different topics. take a look at the video on the stipulates. those opposed of prop 8 and those in favor of prop 8 and they are talking about the issue that voters passed back in 2008. that is not the topic of the day. inside the building, the justices are talking about whether the lawyers for proposition 89 can represent the measure in court. do they have legal standing to challenge the judge's ruling that prop 8 is unconstitutional because it violates the rights of gays and lesbians. listen to a clip of two sides inside. >> your honor, if a court invalidates aj initiative then surely it should be clear that the exercise of the fundamental rights that oppose that initiative will have been nullified. >> there is nothing in california constitution or statutes that give private citizens the right to take over the attorney general's constitutional

terry mcsweeney is live outside the conference with the latest. >> reporter: a lot of facebook fans not happy with the new look of facebook! but there's really bad news from ceo mark zuckerberg today. not only are those changes going to say, there are more on the way. one he introduced today called "timeline." >> timeline is the story of your life. it has three pieces: all your stories, all your apps and a new way to express who you are. >> reporter: zuckerberg is looking forward to partneringing with services to allow users to share music from different services on the cy. looking forward to ad revenue of maybe 2004 billion dollars this year, close to six billion next year. some users looking at that page with a different look on news feed, larger photos and top news and most recent, gone, too much too fast they are posting. developers and tech experts say it is just right and right on time. >> what makes facebook, facebook they are constantly invote nating -- innovating and helping us understand about our social circle. these new ways of dealing with information is going to help them

. >> stay with us for " " >>> i'm terry mcsweeney live in hayward where the woman accused of murdering michelle le. police had looked at her along but relatives are asking important one last request. >> it has happened again, another fan is badly beaten in candlestick park. >> and score one for parents and teachers. west contra costa school board finds the money to keep two schools open indefinitely. >> check out the fog this morning as we look down at the sutro tower. slight cooling trend in the forecast for today. >> and caltrans is working on the bay bridge and the dumbarton bridge and bay bridge. >>> it's about 4:31. >>> the friend accused of murdering michelle le made her first court appearance. terry mcsweeney is live at the hayward police department with the latest. >> michelle le's brother turned 24, she never missed calling to say happy birthday. he does want a presence her. he wants to tell her where the body is located. so they can bring closure to this month long nightmare. take a look at the murder suspect. we are talking about 27-year-old gizelle esteban and also video fr

terry mcsweeney, abc7 news. >>> we have some good news in crime fighting in oakland.ithin the last half hour the oakland police department found out it will get 10.7 million dollars in federal funding to hire new police officers. the money comes if a u.s. department of justice grant. that program provides funding directly to state and local police agencies that will focus on community oriented policing. >>> breaking news out of santa clara. a gas leak reported on benton and los padres. first reports a construction crew ruptured a gas main. we are hearing that leak prompted evacuation of three block area around the incident. we are still checking we will keep you updated on the air and twitter. >>> women's resource center at st. mary's college expecting to hold a rally this afternoon to raise awareness about sexual assault. a female student told investigators two men sexually assaulted her in an on campus dorm sunday. police say the suspects have been identified as a student and his friend so far no arrests. police also investigating a rape of another female student a

stories. 15-hour standoff in san leandro ended overnight with police shooting a murder suspect. >> terry mcsweeneyrry? >> it wrapped up at 1:40 this morning when 42-year-old zaradi a murder suspect from a killing in richmond came out of a duplex, which is behind me here on the 12,500 block of central avenue. according to richmond p.d., he had a rifle with him as he came out of the complex. tipped off earlier in the day yesterday. that he was going to be here. police turned up, he was here. there was a standoff. 1:40 this morning. rich monday police shot him as he came out. he had a rifle with him. look at where it started tuesday night at angie's bakery and restaurant at san pablo and mcbride. they were found dead in the restaurant bathroom. police say they had been stalking romero. she broke off a relationship with him. he wouldn't let it go. stalking continue and tuesday night the body found where she worked. an argument in front of the restaurant. report of a man hitting a woman. they believe that romadi hit romero in front of the restaurant. she is found dead and they get word and 1:40 he came

>>> i'm terry mcsweeney live in san rafael, gop presidential hopeful michele bachmann coming to town to raise some money. but coming with it will be controversy, comments she made about the hpv vaccine. >> i'm amy hollyfield live in san francisco where u.c. officials are thinking about raising tuition again. this time it could go up to $22,000 a year. they think they have figured a way out to make it a little less painful. >> and big shakeup in the san francisco giants front office as the team prepares today to announce its replacing its ceo. >>> good morning. weather-wise, our first fall cold front is on the way. temperatures 10-15 degrees cooler than average today and tomorrow. >>> good morning, sue hall in the abc traffic center. live look at the bay bridge toll plaza. web tube is open but a major big rig accident. >> and it's just before friday. i'm kristen sze. >> i'm eric thomas. >> one of the most controversial candidates in the race of the presidential nomination makes a stop in the bay area today. michele bachmann will meet with supports in the north bay. she raised some eye

. >>> i'm terry mcsweeney live in marin county where presidential candidate michele bachmann will be here this morning talking about being forced to talk about something she would rather avoid. >> weather-wise, look at the cloud cover. a little bit of drizzle for your morning commute. a cooling trend started yesterday and even tomorrow. warmer weather is on the way also. >> i'm sue hall in the traffic center with a live shot of the golden gate bridge. it's looking good. update on a gravel spill on the east bay freeway and on ramp that is closed. we'll get more for you. >> it's a thursday, thanks for joining us. i'm kristen sze. >> anyone hoping to attend the university of california will be closely watching a u.c. regents meeting today. they will program blujt plan for budget increases for the next five years. amy hollyfield is live at mission bay campus where the meeting will be held. >> surely there is going to be feeling of not again at u.c. campuses but officials they have got to try and give us and they hope it would be it for a while. they want to avoid this -- rowdy protests t

terry mcsweeney joins us live with the story. and he will give you a look at what happened. >> reporter: the d.a. is going to decide today if he is going to be filing assault charges against councilman mike kelly for what happened at the september 13th meeting. we have it on tape. take a look, you can see the hand-hitting indent. you see on the far sight -- councilwoman ford, next to her kelly puts her hand out towards kelly tells him to shush. when she brings it back he slaps or hits i. she says she waited for apology for a week and when it didn't -- it didn't come, she went to the police. >> he said don't put your hand cmk"ép'" i said you've sunk to a new low. >> reporter: councilman kelly says he will have a publish statement at tonight's meeting. councilwoman ford says the mayor has not been running a tight ship at the city council meetings. there's another member who has been getting a little bit out of control. she wants all of them, especially kelly, to be more respectful. she is already moving her seat away from kelly. th

terry mcsweeney, abc7 news. >>> it is 4:32. hundreds of parents and teachers in oakland are fuming over plans to close or consolidate 13 schools in the oakland unified district. they packed a meeting last night trying to lobby to keep their schools open. the superintendent's plan includes closing lakeview, lazear, marshal, maxwell park and sante fe elementaries. alan wang reports. >> reporter: superintendent tony mit says oakland unified has 101 schools but only needs 70. closing five and consolidating eight could save millions. >> are they going into 35-kid classrooms now? >> reporter: larger classes are on the way. the small school's philosophy if i isn't working smith says 17% are not passing the exit exam, half are african-american. >> that is not okay. we are stretched too thin. >> there are 35 charter schools in oakland that's why our publicmk(prju are under enrolled. >> reporter: some had concerns about integrateing k-122 to the new school. within parent tried to throw another school under the bus. >> according to docum

terry mcsweeney is here to explain. >> reporter: specific issue is sponsors of prop 8 have the right to appeal the ruling that found the ban on same-sex marriage unconstitutional. prop 89 was passed by voters in 2008 and defined marriage between a man and woman. federal judge vaughn walker struck down the law last summer but the question is can those that back prop 8 challenge thinks decision even though the governor and attorney general opted to drop the appeal? the argument may sound like this. >> out stand to go proceed the appeal, you have to show you that are injured. here the proponents are on record that they identify harm to themselves as anybody else you can have the people trying to exercise the fundamental right to pass laws themselves. then the governor and attorney general can veto by that by refusing to definite court. you don't have to have legal training to know that doesn't make any sense. >> reporter: if the supreme court rules that prop 8 backers do not have the right to appeal, gays and lesbians may be able to marry in california, but regardless of the decision, i

terry mcsweeney, "abc 7 news." >>> this morning, u.c. leaders are expected to propose yet another plan to the board of regents that would raise student tuition every year for the next four years. the new plan would raise tuition by 8-16% through 2016. basic tuition could top $22,000 and that doesn't include other fees like books, room and board. currently it costs just over $12,000 a year. u.c. officials say the hikes would help cover $2.5 billion the system needs to pay its bills after state funding cuts. a final decision would come in november. >> a new reportedly being released reveals a new economic crisis facing oakland. the report says property values in the city will drop by more than $12 billion by the end of next year as a result of the nation's foreclosure crisis. they say when a home goes into foreclosure, it's value drops an average of 22% and the value of homes within an eighth of mile drops about 1 percent. 28,000 oakland homes have gone into foreclosure. realty track is warning of a sharp increase in new foreclosures. they

terry mcsweeney is live at the courthouse with more. >> reporter: the question today is not same-sex marriage, yes or no, but the prop 8 supporters have the right to be in court. legal analyst dean johnson joins us now. what do they have to prove to convince the justices they have legal standing? >> they have to show that they are personally somehow injured by same-sex marriage or the more important question they have to show that they are legally authorized under california law to represent the voters of the state of california. that is the big question of california law that is in front of the court today. >> reporter: they are some that are hoping that when they render the decision, if they find they do not have standing, marriages will begin statewide in california? >> essentially if there is no standing the case is over. as a matter of federal constitutional law there has to be one party withstanding on each side. if the california court decides no standing, then there is no one to defend proposition 8 and the case for all intents and purposes is over. >> reporter: this was sent

terry mcsweeney, abc7 news. >>> contra costa county officials are trying to figure out now calm publicutrage after crews cut down 100 trees in an attempt to go green. amy is live at point pinole regional park with the story. >> reporter: very strange to arrive at a state park and be greeted by in. stumps, that is all you see at the entrance of point pinole regional park. where 100 trees used to stan. taxpayers of the county, this is done by local government officials. they decide today this would be the perfect place to put solar panels for the jail next door. they didn't let the 100 trees that were here get in the way. they just chopped them down. top government officials are saying this happened without their approval. park visitors say it seems like it was an obvious thing not to do. >> i'm all for solar energy. but it seems to me there's more appropriate places. >> the communication was happening at too low a level with not enough high level review. there was an assumption it was okay. nobody was out to do anything wrong. >> reporter: the department of public works had some help wi

. >> reporter: i'm terry mcsweeney. police are looking for the person who shot and killed a member of the east bay motorcycle club last night. the location where police have been before a few months ago for a double killing. the story coming up. >>> police are investigating what may be the second sexual assault at an east bay college in less than two weeks. >> reporter: i'm live in hayward. family members of michelle le remembered her last night. the nursing student disappeared four months ago today. the family will be back in court to face the woman accused of killing her, this morning. >>> good morning. off to a clear and mild start. two big weather stories today. the poor air quality. and the heat. how long it will hang around. >>> beautiful shot of the golden gate bridge this morning, no problems there. we have a problem for your bay bridge commute. we'll tell you about it in a few minutes. >> uh-oh, all right. 6:01 traffic starting to get a little dicey. thanks for join us i'm kristen sze. >> i'm eric thomas. the f

terry mcsweeney is covering that. n. >> reporter: you are talking about a bake sale. waiting to see how the cookie crumbles for a city council member who may be charged with assault forring he did at a meeting. -- salt look at the far right of the screen, councilwoman, carolyn ford next to her councilman mike kelly. she puts out her hand towards kelly and tells hush. when she brings it back down he gives it a slap or hit. she said she waited for an apology, never got it so she went to the police. kelly says he will have a public statement tonight. ford wants the police complain to warn kelly and others to be more respectful. she is moving her council seat away from kelly. before the end of the day we should have a decision from the marin county district attorney as to whether assault charges are going to be filed against kelly. >>> finally check on weather and traffic. >>> we start with current conditions. clear, and kind of cool in some areas, 48 in napa, everybody else in the 50s. by the afternoon, some of us could w

terry mcsweeney is live in the newsroom with more on that. >> reporter: department of homeland security has named the bay area as one of 60 urban centers where emergency commanders should be able to talk to each other within an hour of a major incident. mercury news says it's just a goal right now. money and technology are the problems. we had reminders, in 2002 santa clara county found their communication jumbled. the system has been an improve. it's limited capacity can be knocked out if there are too many users. in oakland, officers had trouble talking to other agencies after the riot in the verdict of johannes mehserle. it has activated its own $18 million radio system but next year when all first responders when alameda and contra costa switch to one radio system, oakland won't join them because they have their own system. in san mateo county, there are $27 million short to build 19 towers and that all first responders can be on the same frequency and radio project manager says practically all police agencies still have their own radio network. news is better for san francisco that

>> reporter: i'm terry mcsweeney. the city council meeting for the first time since one member asked for an investigation into another member for assault. that allegedly happened during a council meeting. we'll show you the alleged assault coming up. >> good morning. check out the lack of clouds as we look out on to the bay. it is going to be another warm to hot one. we are not through, warmer weather on the way before the weekend drizzle and cooler conditions. >> good morning, bay bridge toll plaza light. we check your tuesday morning hot spots in a pew minutes. >>> it is tuesday at 5:00 -- thank you for joining us i'm kristen sze. >> i'm eric thomas. >> america's most controversial bake sale set to begin in morning at 10 a.m., five hours from now on the uc berkeley campus. the college republicans plan a posted menu with variable prices based on race, sex and ethnicity. amy hollyfield is live to explain. if they wanted attention they got it. >> reporter: they did. they've gotten attention from press from overseas. th

. >> i'm terry mcsweeney live in the newsroom with the ten-year anniversary of 9/11 approaching, are we ready for an attack? some say it may be another ten years away from that. >>> good morning. we are looking live from vollmer peak. couple concerns weather-wise, excessive heat and poor air quality will develop. >>> and we have no accidents right now but we are following road work throughout the bay area. we'll have a complete traffic report coming up. >>> its wednesday. good morning. 5:00. thank you so much for starting our day with us. >> i'm eric thomas. >> a road construction in belmont is shut down this morning because of faulty maps that don't show where natural gas pipelines are in the area. it comes about a year after the deadly natural gas explosion in san bruno. amy hollyfield is live in belmont with the story. we have one construction crew that came out with a surprise. >> reporter: a big surprise, eric. this is the construction project that is now on old. crew said the map said one thing but they started digging and found something else. they have placed a big piece of t

terry mcsweeney, "abc 7 news." >> the los angeles dodgers are building the legal framework to sue the two men accused of brutally beating bryan stow, the two suspects are charged with nearly beating the santa cruz man to death during the dodgers home open they are march. they have filed papers revealing their attention to sue the duo. they say the suit is designed to put the responsibility on the attack on the two defendants, bryan stow's family sued the dodgers in may blaming poor security, poor lighting and response time for the incident. >>> just after midnight, a shooting happened in residential area in san jose. an officers shot at two men. one man was hit and taken to the local hospital. police arrested the second suspect and are questioning him. >> i'm not sure how they came about this car, but they did run the license plate and knew the vehicle was stolen. two vehicles were in the vehicle. something transpired that transpired for them to discharge one of weapons. >>> investigators are still trying to determine whether a chp officer or a san jose police officer shot the suspect

terry mcsweeney, "abc 7 news." >>> the a former friend now accused of killing michelle le makes her first court appearance. le's body has not been found but police say that evidence led them to investigate the case as a homicide. the suspect is gizelle esteban. she is being held in jail on murder charges. they say they have dna evidence and surveillance video showing her in the garage before and after le's vanished. court records show that she has a history of violence. >>> president obama unveils his job creation proposal this afternoon. not all the details of the 25 minute speech have been made available but the 300 to $400 billion plan is expected to include proposals to help businesses, hire workers, cut taxes, rebuild infrastructure and cutting the deficit. white house says the speech is critical to boosting the economy. republicans are skeptical, at least two senators are skipping the speech and gop isn't even planning a rebuttal afterwards. that is something boern joked. >> this is not a state of the union address. american people shouldn't be forced to watch some politician they d

terry mcsweeney is here with more. >> some them angry at today's hearing but no explanation of all the.b.i. raid on solyndra last week. much of this morning's hearing was more what will happen in election year next year. >> obama attack came under attack. >> we have scheduled vice president secretary chu groundbreaking prior to doe prior to the terms of the deal. >> they defended the half billion loan guarantee saying it was put in motion by the george w. bush administration and took a few shots themselves. >> the majority of republicans on this committee deny the climate change is real. if you are a science denier, there is no reason for government to invest in clean energy. >> there is memos presented by republicans, one by an analyst. it said, quote thshlgs deal is not ready for prime time but the loan went through. some panel members asked how. >> there were month supporters of the president that stepped forward and had meetings and there were no white house officials that encouraged people at the department of energy. this was all done under a bubble top. >> two years later the co

terry mcsweeney, abc7 news. >>> san jose police preparing for hundreds if not thousands of bikers coming town in days for the funeral of a a nevada casino. jeff pet drew was stabbed and shot to death -- jeff pettigrew was stabbed and shot to death friday. he was president of the san jose chapter. police say they've identified a suspect. a member of a rival biker gang with ties to the bay area. investigators openly warn the suspect may not survive to stand trial%eh:y if [ unintelligible ] he believe he's in hiding since the shooting. >> san francisco police arrested a 15 year formed the murder of a cookout side a mission district restaurant. the 22-year-old was shot to death august 30th while taking a break from his job at 19th and san car low street. the 15-year-old mistook him for -- for a rival gang member. >>> in san francisco, muni officials are answering over several major safety issues. the state is investigating following a report about problems with the light rail system. they include problems with defective track, tunnel control systems that operate poorly or not at all the meet

terry mcsweeney joins us with the story. this is a very aggressive move that is sorrily needed. >> they certainly agree with you and that is when they convened. they are sayin to bring unemployment from 9% down to 6%. he thinks it's do-able but it's not going to come without a price. >> with the leaders in the audience, the mayor ed lee talked about his forecast. >> if i've got ten minutes, it's going to be jobs, jobs and more jobs. >> he talked about influx of tech companies into the city. >> of 4.6 million square feet of office space that was leased in the last eight months, 1.6 million square feet was leased biotechnology firms alone. these include twitter, autodesk, drop box, mozilla and others. >> john silvia sees the place as highly paid residents and rapidly growing trade with china and south korea. >> there are a lot of jobs high end and also low end workers but people in the middle get squeezed out. >> they are trying to do away with redevelopment agencies, interesting right now because jerry brown's newly appointed

terry mcsweeney is here with more. >> some them angry at today's hearing but no explanation of all the f.b.i. raid on solyndra last week. much of this morning's hearing was more what will happen in election year next year. >> obama attack came under attack. >> we have scheduled vice president and secretary chu groundbreaking prior to doe prior to the terms of the deal. >> they defended the half billion loan guarantee saying it was put in motion by the george w. bush administration and took a few shots themselves. >> the majority of republicans on this committee deny the climate change is real. if you are a science denier, there is no reason for government to invest in clean energy. >> there is memos presented by republicans, one by an analyst. it said, quote thshlgs deal is not ready for prime time but the loan went through. some panel members asked how. >> there were month supporters of the president that stepped forward and had meetings and there were no white house officials that encouraged people at the department of energy. this was all done under a bubble top. >> two years later