jay hernandez has the story. >> it's disappointing.'ve work very hard, have a great start to the school year. to have something like this get in the way is disappointing. >> reporter: he rushed to the school sometime after midnight. firefighters told him someone set a portable classroom on fire. fire investigators believe someone broke this window and threw something flammable inside. the principal said firefighters arrived quickly and worked fast. >> the fire department, though, did a great job. they got here right away and saved that building. it's pretty smoked inside that the build would be okay. >> he switched classes to library. a student who attended english classes told us no one would have any reason to burn it. >> i love the school. i mean, there's a lot of great people around here, and i really couldn't think of anyone who would do this, and everyone is super nice, and just a surprise. >> the neighbor who initially felt the fire and called for help also saw someone bolting from the high school as the classroom burned. the va

jay hernandez joins us now with the latest. good morning, jade. >> reporter: good morning. in a half hour we'll speak to the councilwoman from san jose. she's upset the city decided to lay off 49 firefighters. we're live in front of city hall. firefighters struggled to get to the first fire that broke out at four, the second around five and the third 20 minutes later. a top paid firefighter would lose about $11,000 a year. the firefighters met in the hall yesterday to vote on whether or not to make the concessions, voting ends today. city councilman pete constantly told us yesterday that the department doesn't have concrete evidence. the fire engines are costing the city more than monetarily, but they will investigate. >> there's no doubt that we are continually worried about the cuts to our fire department, to all of our employees throughout our city, and we're working with the firefighters' union. we're trying to get to a resolution, and i think we're all looking forward to resolving that. >> the firefighters's union says the city isn't saving any money even after they la

ktvu's jay hernandez is at the police station right now with reaction from the family. good morning, jade. >> reporter: good morning. it's hard to imagine, the family is so distraught. a gun goes off, one brother doesn't survive. we're live in police -- in oakland at police headquarters. investigators are wrapping up talking to the 13-year-old who survived. the younger brother, you see here in this footage, wearing this white hoodie is in the victim's brother. oakland homicide investigators released the 13-year-old into custody to his parents. we know the browers -- brothers were together when the shooting happened on filbert street. what we don't know is how the boys got ahold of the gun. we don't know when or even if charges will be brought against the brother. ktvu spoke to the parents and they told us that they are not sure they can even afford burying their son but they ask for everyone's prayers this morning. an autopsy report should be pending. reporting live from oakland police headquarters, back to you in the studio. >>> we have new information on a story from

jay hernandez just road along with officers, she joins us with an update on her experience. good morning jade. >> well if you talk on your cell phone on the way to work or to cool the california highway patrol will be watching you. that's because they are cracking down on those who are not adhering to the california hands free cell phone law that passioned in 2008. about a half hour ago we attended their morning meeting here at the oakland office. >> just get out there on your beatings be aware of people on their coves, take appropriate enforcement action. we did real well last time and so just make sure you keep that up today. make sure you get me the stats by tend of shift. >> reporter: we wanted to take you into a chp morning meeting at the oakland office this morning. this is where officers prep for part 2 of their zero tolerance campaign. the california highway patrol and the santa clara county law enforcement agency is cracking down on drivers ignoring the 2008 california hands free cell phone law. they are reminded to watch out for drivers not using a hands- free devi

. >>> cincinnati's ramone hernandez and jay bruce hit back-to-back homers in the fourth inning againstarizona. with the 9-5 victory the reds now lead the national league central division by 3 1/2 games. >>> in nfl preseason action, it was buffalo hosting indianapolis in toronto, canada. the opening minutes, bills' rookie spiller began the scoring as he broke tackles, went outside and cut back on a 31-yard touchdown run and buffalo beat indy 34-21. >>> and tom brady and fred taylor and the patriots' first string offense scored easily against the falcons in atlanta. new england with a 20-10 preseason victory. >>> roger federer's trick shot is a big hit on youtube. as he was shooting a tv commercial the tennis champ knocked a bottle off a crew member's head with a blazing serve. he did it a second time. federer said, quote, it worked out. i'm happy. i bet the crew member was too, >>> when we return, another look at this morning's top story. >>> backyard chickens. city folks try their hand at raising a flock of hens. city folks try their hand at raising a flock of hens. [ sighs ] ugh. over

jay leno. >> operation gang busters. a parole agent says police are sweeping the east bay today looking for dangerous gang members causing problems. i'm jodi hernandezll have the story, coming up. >>> also, bp moves a step closer to sealing that damaged oil well for good. we'll show you what's going to happen next. >>> and the final vote today on elena kagan's nomination to the supreme court. how the president is reacting. [ male announcer ] presenting the cadillac "summer's best" sales event. a fantastic opportunity to get 0% apr financing on every new 2010 cadillac model. like the cts sport sedan. the most acclaimed vehicle in its class and a "car and driver" 10 best, three years in a row. or the all new cadillac srx luxury crossover. and even the most acclaimed luxury suv ever, the cadillac escalade. summer brings out the best in all of us. hurry in to get 0% apr financing on every new 2010 cadillac during cadillac's "summer's best" sales event, going on now at your cadillac dealer. ♪ >>> gang members are on notice tonight as parole agents and police crack down on ex-cons with gang ties. officers in seven east bay cities paid surprise visits to m