thdoctors at the coul'that felthrohoutmy wholeea.t iave checked emerout an e door.d erwhen hadhinglesmyyesight. the sic opped. >> welcome back. oracle teen usa won their seventh straight race to come from a eight-one down to tie the cup at 8-8. if oracle had not been docked a to raise penalty before the competition that would have already taken home the trophy. they overtook emirates team new zealand on the upwind third leg to force a winner take all finality today. if the final margin was 54 seconds. >> the district attorney's office could file charges against the man seen beating a 10- month old puppy on an instagram video. and the video is graphic. you saw this video on kron 4 last week, and it has sparked outrage. it appears a man hits the puppy, named lovie, with a belt to discipline the dog. the alameda county district attorney's office tells us it now has the case, and is reviewing it. the d-a is looking to see if it should file animal cruelty charges. we should have that answer by the end of the week. >> the time is 6:12 a.m.

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thdoctors at the coul'that felthrohoutmy wholeea.e door.d erwhen hadhinglesmyyesight. the sic opped. that you may not have time to roll out dough for a perfectly flaky crust that's made from scratch. or enough time to mix vegetables with all white meat chicken and a homemade gravy. she knows you may not have a moment to crimp the edges of yo favorite chicken pot pie. but marie callender's does. and when she's don all you need to do is find ti to grab someone special, sit down, and savor. marie callender's. it's time to savor. >> top stories we are following this tuesday, september 24th. an overnight shootings ends in a fatal car crash in oakland. we'll have all the details ahead. >> plus, a community in mourning after a 12 year old boy is hit and killed right >> and following the latest out of kenya this morning where hostages are * still being held inside the mall as the situation goes into it's fourth day. >> we're looking at cold weather and warm-up. >> we are starting in the morning off with mostly upper 60s of low 60's. it is cl