david lewis was gunned down at the hillsdale shopping mall in 2010. police said his killer was gregory elarm of pittsburgh. yesterday the judge in the case threw out the charges. >> at one point when mr. elarm's was talking aboutmenting an attorney, whether the questioning should have stopped and the judge said it should have. it is something we don't agree with. >> the da says he was not under arrest when he talked about the murder to police and there was no obligation to read his miranda rights. other bay area headlines, a morgan hill woman is expected to enter a plea to face charges including abandoning her young daughter. marcy erico attempted to shoplift and then abandoned her daughter to face security guards and police. >>> a fatal accident sent a man's truck plunging into the

westbound 92 at hillsdale, stalled big rig second lane from the left.high wind advisory on the san mateo bridge. expect high winds on all the bay area bridges this morning as well. let's look the our -- at our waze app, looking at 880 through san lorenzo towards hayward, heavy traffic, light rain beginning to great way to navigate your commute, free app for your iphone. >>> 6:52. >> storm watch coverage continues. next we check in with our reporters in the north bay and along the coast. >> and the abc7 morning >>> good morning. sic:53, live picture gorgeous one of lake -- 6:53, live picture, gorgeous one of lake tahoe. by late this morning above 7,000 feet you can see the peaks will get more snow and the ski resorts should be happy about that if you are driving up there, bring chains. >>> back to our storm watch coverage we have reporters on the coast and in the north bay. >>> let's begin with amy hollyfield in san rafael. getting wet yet? >> reporter: good morning. it is getting windier, a little colder, the storm has been a tease all morning. let me s

drive times now, 880 to the mall, nine minute ride from the dumbarton area, 101 peninsula towards hillsdalelevard and shopping center good ride from wood side, 280 san francisco southbound to shop, a bit of a delay, traffic flowing through that area, probably good shoppers out there. >>> 5:10. next, it has been called a thanksgiving miracle. the amazing story of the birth of a baby who was feared dead inside his mother's womb. >> event that has become a thanksgiving weekend tradition. we'll show you around the san francisco auto show at mosconey center. >> first, here's this morning's america's money report. >> reporter: good morning. no gaslines from the headlines despite this week's problems in the mideast prices should continue heading down most oil prices are where they were before the current flare-up began. u.s. drivers have less interest in buying hyundai and kia since the two admitted fudging mileage numbers. the two companies made fuel efficiency a major selling point. more and more shoppers are going online because they get better customer service. more than 40% report problems ge

this is near hillsdale park and luzan avenue. kid of hard to make out but major flooding engulfing a lot of cars in that area as well. a lot of mud as well. we've got a live report coming up in just moments. 6:25. >>> right now a special reunion for three oakland police officers and a little baby boy they helped bring into the world just four days ago. this one all started at a gas station in nolan park when a man flagged down the officer saying, help, my wife is in labor. the officers pulled over and helped deliver a healthy bouncing baby boy and named him, i guess appropriately, nolan. that's very special. today the family officially thanking those officers at the eastmont police substation. since the baby was born just across the street from the oakland zoo, the family will get a one-year membership free of charge to the park. >> congratulations to them. nothing like a new baby in the house. >>> we want to check in with christina loren, with a look at the forecast. >> the little ones head back to school so make sure you bundle

. >> when rio grande scored 113 points against hillsdale.told reporters that prior to the tipoff he met with teammates for a pregame devotional, the first time he's ever done that. >> he'll do that from now on. >> as always, shoot us an e-mail at waytooearly@msnbc or tweet us. let us know why in the world you're awake this morning. we'll read the best responses later in the show. >>> still ahead on "way too early," as if congress neededre raises new alarms about the fiscal cliff. >>> when we come back, we'll huddle around the water cooler. >> oh, my lord. >> what is going on with the lab coat? >> let me read this. a helpful crash course on preparing your turkey. >> all that when "way too early" returns. my insurance rates are probably gonna double. but, dad, you've got... [ voice of dennis ] allstate. with accident forgiveness, they guarantee your rates won't go up just because of an accident. smart kid. [ voice of dennis ] indeed. are you in good hands? >>> all right. this is where we say enough with the real news, let's send it ov over. wh

down hillsdale and a little later in the commute we picked up the southbound two 80 backups. cupertino and the west valley of los altos hills is still backed up at least to highway 17. it is sluggish coming from the guadalupe parkway. some improvement here for 1 01 and northbound direction. also 85. big improvement for some of the bridges. the bay bridge is not so much of a change here. we still have high winds and warnings about them from the chp. the traffic backed up to west grand avenue 18 to 21 minutes. here is where the big improvement has been on the san mateo bridge. for the better part of the last hour it has been stopped in the westbound direction. it is now moving. the golden gate bridge ride is passed the peak for 1 01 southbound. it is still heavy for northern iran for the 1 01 southbound ride. >> maureen kelly went to san francisco street that lost power because of the storm. >> i'm on the 100 like a burr with dry in san francisco where 22 homes some of which your looking at right here are without power. this is a weather related problem that requires pg&e to sh

we are on the back edge. 280 down through west hillsdale road.sierra nevada, near 40 degrees, sunshine and higher elevation snow. it's been raining down at lake level. by the morning, only a couple inches at lake level. 1.58 inches up in santa rosa, with over 2 inches in mount tam. san francisco, .67 with livermore, .19 and over a tenth of an inch in mountain view and san jose. we will see a stronger system from moderate to brief areas of heavy rain later on in evening into the overnight hours, then we get another break. here is that first system continuing to push into the central valley. temperatures behind it dropping a few degrees. 57 half moon bay. fremont, 60 for you. mountain view, 06. we got the fog out, as well. it is a sloppy start to the day. do give yourself extra time. by the afternoon we will be anticipating out ahead of it breezy southerly winds. here is the timing. this afternoon you got that little break, if you have your garage sale or bike ride, by 4:00, the rain is just knocking on our door in the north bay. 5:00 heading into

three lanes are closed on 101 northbound at the hillsdale avenue. it does appear to be causing some slowdowns. finally, we have a look at the toll plaza. you can see the metering lights are on, definitely congested. we have a high wind advisory in effect for the bay bridge as well as the san mateo bridge. so definitely dry slowly as you are making your way across the spans. 208 at the 880 split, we've been seeing a lot of congesttion here on 280 -- congestion here on 280. here's steve. >>> this is just a good, old- fashioned rainer. nothing we haven't seen before. it's here. .25 in santa rosa. i've seen gusts to 54 in mt. diablo. now, again, the focus over the heavy rain starting today and then tomorrow night could park itself the next system over the north bay. the russian river we'll keep an eye on that. potential, remember, potential. it's there. total 6 to 14 inches possible. i still think the heaviest will be fort bragg. they are definitely getting hit. there's a pretty good band coming. some of this has been late to the party. also towards san

basically from the almaden expressway looks like before kurtner and that orange line extending to hillsdaleund. if you would like to check out your commute this is a free app you can download it on the app for or google play. san jose 87 northbound before 280 pretty heavy approaching an accident lane two. >>> a stretch of highway 13 in oakland reopened following overnight work to shore up a hillside. caltrans shutdown highway 13 between broadway terrace and moraga out of concern this morning's storm might trigger a rock slide crews installed large rock as long the slope to prevent smaller rocks above from falling on to the southbound lane of the highway they put up cement barriers along the shoulder. >>> ahead, supply and demand. tech gadgets flying off shelves so fast one manufacturer can't key up. -- can't keep up. >> dow is up 37 points. we go to jane king >>> welcome back. check out flanked by rain to the south, north, thunderstorms over the sierra tuning into thunder snow now. warm spot palm springs 82, tahoe 43 everybody he will in the 50s and 60s if you are heading to the high countr

for an attorney the day he reportedly confessed to killing david lewis in a parking garage at the hillsdaleall. >>> in news of the world tonight in the middle east, israeli tanks fired into. israeli military officials said the tanks scored a direct hit on a mobile artillery launcher which was the source of the syrian fire. >>> in london, lawmakers accused officials of starbucks, google and amazon of not paying british taxes. the lawmakers said they could not believe starbucks lost money for 14 out of 15 years. starbucks, google and amazon all denied wrong doing. one uk official said he wasn't accusing them of doing anything illegal. instead the official called it immoral. >>> a cargo ship came to the rescue of two injured sailors. their 30-foot yacht was overtamen by waves. they now say they're going to try their hand at farming. >>> los angeles armstrong is cutting ties to live strong which he founded. the disgraced cyclist stepped down to the board of directors and had already resigned as chairman. the charity has been able to thrive despite the doping charges against armstrong. the chari

for an attorney the day he reportedly confessed to killing david lewis in a parking garage at the hillsdale mall. >>> in news of the world tonight in the middle east, israeli tanks fired into. israeli military officials said the tanks scored a direct hit on a mobile artillery launcher which was the source of the syrian fire. >>> in london, lawmakers accused officials of starbucks, google and amazon of not paying british taxes. the lawmakers said they could not believe starbucks lost money for 14 out of 15 years. starbucks, google and amazon all denied wrong doing. one uk official said he wasn't accusing them of doing anything illegal. instead the official called it immoral. >>> a cargo ship came to the rescue of two injured sailors. their 30-foot yacht was overtamen by waves. they now say they're going to try their hand at farming. >>> los angeles armstrong is cutting ties to live strong which he founded. the disgraced cyclist stepped down to the board of directors and had already resigned as chairman. the charity has been able to thrive despite the doping charges against armstrong. the cha

david lewis was gunned down at the hillsdale shopping mall in 2010.olice said his killer was childhood friend gregory elarms of pittsburgh. the judge in the case threw out the charges. >> the real question was at one point when mr. e elarms was talking about wanting an attorney, whether or not the questioning all should have stopped. and the judge said it should have. it is something we don't agree with. >> the da says elarms was not under arrest when he talked about the murder to police and there was no obligation o to read his miranda rights now there may be an appeal or a refiling of charges. >>> chevron says it will repair equipment damage in the richmond refinery charges in august. repairing it rather than replacing it means they will not have to install the latest clean air technology. the new technology has to be installed when major changes are made. >>> it's been a successful opening of the paragon outlet maul in livermore. several merchants report sales records and they are trying to ease traffic problems around the mall. >>> the release of

problems for the highland passing hillsdale. rest of the area, it's okay.cker roads as well. looking to the san mateo bridge. the foster city approach coming off that bridge. a live look out there. this is palo alto. we're showing the shaking camera. the wind heading over the bridge. now, another live look. this is the bridge. the camera shaking. this is coming off the high rise. you're likely getting whipped around. that will be an issue. be careful as you pass them because they might get pushed side to side. east bay side. slowdowns now through hayward. that's pretty typical. we have the rain and moist conditions causing an issue here on the roadways. 580 out of the castro valley. the dublin interchange. some slowing out of livermore. typical for the ild. and south for 680, we're seeing that build of the traffic volume. as well as potential for some more rain. we have the backup because of the metering lights are on. the wind is whipping through. going to complicate things on the east shore freeway. wiest end with that look. 680, it's a smooth drive right

he confessed to killing 54-year-old david lewis in the parking lot of hillsdale shopping center in june of 2010. the d.a. will now decide whether to refile the murder charge or repeal the judge's decision. he remains behind bars tonight on an unrelated charge. >>> a second suspect has been accused of setting a muni bus on fire following the giants' win. he is charged with three felonies, including arson. police are looking for three other suspects who vandalized muni buses that same night. the other suspects you see here are wearing a black t-shirt and black baseball hat. the third one is a black male wearing a red shirt. police previously arrested gregory gannis for smashing a muni bus window. anyone connected with the vandal will have to pay for the bus or replace it. >>> a legal claim blamed a sex abuse victim for being partially responsible for the attack on her. that accusation was directed at 30-year-old kristin cunan who said she was sexually abused by two teachers back in the 199 0s. the allegation was in court papers in connection with filing her lawsuit. the district has now w

there was an earlier accident at hillsdale boulevard.>> the time is 9:35 a.m. and in san jose they are giving away thanksgiving turkeys to the folks who do not have the money. this is at sacred heart in san jose. you have to register ahead of time and come back today to get the turkey. will tran is live in san jose and has been following this story. he is also watching the volunteers and donations that are still coming in. >> good morning we are at the intersection of giveaway and drop off. you can see here is the drop off in their cars there. one gentleman has a car full of turkeys. we have seen a steady stream of morning. they definitely need to replenish their supplies because that is where people are picking up their turkeys. so far over the past seven days they have managed to either buy turkeys or have them dropped off here. 3000 altogether but they still need 1000 more. if you would like to donate online by all means do so or you can stop by here and drop off personally. it is going to a needy cause. thousands of people are here w

now, we're here at a kings super market in hillsdale, new jersey. they weathered the storm very well. they're waiting for deliveries all throughout the day saying it could be a little hit or miss, but they've pretty much gotten exactly what they've needed. the hot items are things like bread, water, wood, also ice. as soon as it comes in the doors, it's out the doors again. it sells out really quickly. we went to some other stores last night and also this morning. the picture wasn't quite as rosy. these were stores that didn't have power. they had to completely get rid of their perishable items. i'm talking empty freezers altogether. they're nonperishables were dwindling down as well. the question at this point really is when is the power going to come back to this tri-state area? we have to get the delivery vehicles to have enough gas to be able to get the supplies to the shelves. you've got a lot of consumers that did stock up before the storm, but they're running low. they're coming to the stores to try to restock. they're also worried about a po

he was charged with the murder for the shooting death of david lewis outside the hillsdale shopping center back in 2010. >>> the south bay mom accused of using her daughter to help her rob a grocery store is expected to enter a plea today. marcia rico was arrested last month. police say he left her then 10 yaurld daughter with a cartful of stolen groceries in morgan hill. she said she did it because she had financial trouble. she is expected to be in court this afternoon entering her plea. >>> 49ers quarterback alex smith may remain on the sideline during monday night's game against the bears. smith got a concussion on sunday and he was feeling reportedly less woozy yesterday, but he still needs to be cleared by a neurologist before he can even practice. even if he does practice, that doesn't guarantee he can play. smith must be completely symptom-free during a contact practice before he's even cleared by doctors. >> niners hoping to have him back soon but got to make sure he is healthy. >>> to the ball yard where major league baseball is all set to anoun the managers of the year. both the

he's accused of shooting and killing david lewis in the parking lot a hillsdale shopping center back16-year-old -- 8:51. a 16-year-old girl, very lucky to be alive after being bit by six rattle snacks. she showed reporters the shot where she was bitten. she's still moving around on crutches. she was walking up a hill looking for a cell phone signal when she accidently stepped on a -- stenned on rattlesnakes. if you are in the desert, wear boots and two, don't bring your cell phone or go search for reception because you won't find it yeah ways and you might -- anyways and you might step into a pack of rattlesnakes. >> she spent about four days in icu and she was given vials of anti-venom. >>> a piglet named chuck was taken in by the santa rosa animal center. >>> we're looking out live at your traffic. there's the toll plaza. sal's coming back one more commute for you. ♪ ♪ we were skipping stones ♪ and letting go ♪ over the river and down the road ♪ [ female announcer ] at nature valley, we know nature comes together in amazing ways. that's why we bring together natural ingredients, li

perhaps 20 minutes added to your commute time with stop and go from san bruno to hillsdale.dent at s f o and one-year the 92 interchange. backing up the southbound interchange. and the 280 will probably save you some time. >> thank-you, george. plenty of sunshine but a chilly start. temperatures were a few degrees mild and the last couple of mornings. the fairly pleasant day and warmer today compared to yesterday. fed gradual warming trend will continue. highs in the '60s and '70s. beyond that, we could see rainfall on the thursday evening. the weekend it seems to be unsettled but plenty of sunshine temperatures in hayward 54 degrees mountain view, good morning, 53 degrees. palo alto, 56, walnut creek 54 degrees. we will break on the forecast and have your seven day forecast. >> let us take a look at the reaction from the residences... >> me before 4:00 a.m. i heard a noise i thought that it was raining. the skies were clear. there was no wind i did not think anything of that. however, 15 minutes before that i checked and i saw that the mud and i called 911 ♪ secondhand smok

park accident blocking lane southbound 101 near cesar chavez blocking a lane south 101 san mateo hillsdale san francisco, half moon bay warmer this afternoon by one to nine degrees high clouds and sun mid 60s along the coast mid to upper 60s for the rest of us. ♪ >>> there's the instant replay. lara, so graceful in her agony. and josh, enjoying it all too much. >> you know, revenge, a dish best served at madison square garden. >> with 40 cameras. >> it was great. jim courier, along with andre agassi, so great to have them. and to lose his cool. it was not easy for one of the gentlemen in all of sport. joining us this morning via skype. jimbo, it cut together marvelously. you were -- you did evil. you raised the bar, my friend. how tough was it, though, in the moments especially when you had to go back out and lose it? >> it was tough. it's not my nature to lose it. and i needed lara to play badly. but she was too good. that was the problem. she was too good. thankfully, you were there to push me over the edge and get it where we needed to get her. honestly, i didn't think we had her. i tho

avoid high we one-on-one if you're trying to get to the stanford shopping center or the hillsdale shoppingghway 280 and el camino right angle for the next few hours. we will keep you posted. >> clear conditions are on the bay area. it is a cold start to the morning. we are in the 40's into the afternoon we will see '60s and '70s around the bay area. keeping clear conditions around later on tonight and for those of you is leaving the house 48 napa. 517 cisco 54 in a word and i live a full look a year after an highs coming up in just a bit. >> black friday shopping started on thanksgiving evening. at one of the spots were alive as the paragon outlets, the baron and mall that opened up and livermore. mike pelton has been watching the waves of people come and go this morning. >> they're just a few people on your screen and this kind of, a quiet out here. shoppers are coming in and out of stores in advantage of these black friday deals. it was packed last night overnight and early this morning. the stores open at 10:00 p.m. last night and thousands of people can save hundreds on items like clot

also on the peninsula and san carlos redwood city is slow going from sfo down pass highway 92 past hillsdale as slow again at lawson and remains a heavy through redwood city, volley into palo alto. laid peninsula delays on the southbound side. the bridges continue to do well as we checkedy toll plaza of the bay bridge still some lingering delays coming in from the east shore freeway. from the macarthur maze and the 880 approach is no longer backed out. we had better speeds today the man seen in quite a while from the san mateo bridge. we did not get into the double digits stopping no conditions here. by double digits i mean 22 minutes drive times. it is staying at 111230 minutes where should be all day. the golden gate bridge ride crews are busy reconfiguring the bridge. they have taken away one of the southbound lanes in order to accommodate more northbound traffic as they moved to a midday lanes configuration. >> this the view from our roof cameras and there's been a breezy and chilly start to the morning. it is also been for a beautiful but we are expecting changes. satellite and radar sh

we're here at a kings in hillsdale, new jersey, they've got 25 stores, all stores are open, eight ofing powered by generators that run on diesel fuel. this store that we're in right now never lost its fuel and the manager was telling me the strategy for this was really important. they had to bulk up on their generators, they bulked up on their orders ahead of the storm and right now in terms of deliveries it's pretty much hit and miss. they're waiting for bread delivery, produce, dairy, also meat and some of those supplies of course are more in demand than others because people can't take items home that they can't refrigeraton ice is another big one as well. behind me in the bread aisle the stock is running a little bit low but they are getting a delivery, they just stocked the shelves a little bit here. other stores haven't been as lucky. we were in some stores just last night that had their power cut off, they did not have generator power and their produce aisles were completely empty and also those non-perishable items were starting to sell out. they also couldn't process credit

the san mateo bridge, slow through hillsdale. a live look outside at fremont.ght last night, justin bieber dominated, got three awards, including artist of the year with a big award. >> was that a big surprise, rob? >> it was really a huge surprise. he was against katy perry, amazing people. the surprise of the night was who he brought as his date, there were a lot of rumors, he brought his mommy. not only did he bring her, he dragged her up on stage. look how embarrassed she is. >> he got even more fans last night. >> jenny mccarthy is a huge fan of his, got a kiss back stage. she likes the bieber. >> pink gave an interesting performance. >> look at her body, look at the moves she does here. this isn't just dancing, this is gymnastics. people went nuts. this is her new video out for her new song, i think it's going to be a huge hit. she looked great. >> taylor swift won best country music artist, but she's not getting all the attention to that, more people are wondering who she's dating now. someone new. >> also 18 >> broke up with connor kennedy, had a big br