but we begin with terry mcsweeney who joins us with the super bowl ticket scam. it's an interview you'll see only on nbc bay area. terry, real quick, what happened? >> reporter: this woman's name is sharon osgoode. the way i see it, she is about 300 miles closer to new orleans this afternoon than this afternoon when i interviewed her in dublin. she is a 49er fanatic, and like the 49ers in the game against the falcons, she had to overcome a lot to make to it the super bowl. >> go niners! >> reporter: you can call sharon osgood the comeback kid, not unlike her beloved 49ers. remember when atlanta took a 17-0 lead against san francisco in the nfc championship game? well, that's just how sharon felt a few days ago. >> my heart was literally in my stomach, and i thought i was going to throw up. >> reporter: she had bought super bowl tickets from a guy on craigslist for $5900. she had a name, phone numbers. she trusted this guy. >> after four days of conversation, four and a half days, we didn't think that this was a hoax. who would go through all that? i mean, really,

nbc bay area's terry mcsweeney is in richmond this evening with the new details. terry? >> reporter: yeah, good evening. according to cal osha, there wasn't anything more they could do. this is the largest fine they have ever proposed. it's also the largest they could possibly do under the circumstances, all because of what happened at this refinery in richmond on august 6th. according to cal osha report, a series of violation that set the stage for what could have been injury and death. the smoke was everywhere that august day when the fire broke out at the chevron richmond refinery. in nearby neighborhoods people were running, coughing, locking themselves up inside, many in fear. mike bracy tells me he was cared that day, and a million dollar fine seems low. >> they ought to be fined. and i think -- i don't think they're being fined enough. >> reporter: almost all of the 25 violations cited by cal osha were 100% preventible. >> chevron had not followed their own safety procedures or state law that is really necessary, especially in refineries. >> reporter: cal osha say

nbc bay area's terry mcsweeney is live with details you'll only see here. hi, terry. >> reporter: her name is sharon osgood. she is a 49ers fanatic. when she saw the 49ers were going to the super bowl, she had to go, too. she put up thousands of dollars right into the hands of a con man. looked like she was going to be dropped for a major financial loss. then some fellow fanatics stepped up and, let's just say sharon is going to the super bowl. >> i was driving in my work truck and i had to pull over on the side of the freeway and my heart was literally in my stomach and i thought i was going to throw up. >> reporter: that was sharon osgood's reaction when she first learned she was a victim of a super bowl scam. she was out $5,900 to the man she had met on craigslist, a man she had grown to trust. >> now after four days of conversation, four and a half days, we didn't think that this was a hoax. who would go through all that? you know? i mean, really, if you were trying to scam somebody, would you continue text messaging, e-mailing, phone calling? >> reporte

terry mcsweeney, nbc bay area news. >>> now to new details in the death of 6-year-old jonbenet ramsey who was killed in 1996. tonight a boulder newspaper is reporting that back then a grand jury voted to indict both john and patty ramsey on charges of child abuse resulting in death in connection with the case but the district attorney refused to sign the indictment order. d.a. alex hunter did not believe he could prove the case beyond a reasonable doubt. legal experts are unsure whether hunter's decision not to sign the indictment is consistent with colorado grand jury law. the ramseys and their now adult son burke were exonerated in the case in july of 2008. >>> a young man died in his morgan hill home early this morning and now a santa clara county sheriff says the death is suspicious. deputies responded to reports of gunshots near oak valley road and shielda avenue. when deputies arrived a neighbor told them a man might be dead in his home. they found a 30-year-old man inside unresponsive and efforts to resuscitate the 30-year-old man were unsuccessful. >>> a neighborhood safety me

nbc bay area's terry mcsweeney just spoke with oakland's chief of police and joins us live with whatha police have to say. just 8 years old. how is the girl? >> reporter: she's going to be fine. it's a superficial wound. the police chief responding him seven to the scene of the shooting today as a way of saying it's got to stop, shooting of these very young people, and there's been a slew of these in oakland, it's just got to stop. take a look at some pictures from the area 65th avenue off international boulevard. according to oakland police it happened about 2:40 this afternoon obviously broad daylight. a number of people were milling about this suv when a car pulled up, a group of people get out, they opened fire. an 8-year-old girl standing on the sidewalk, nothing to do with any of this, obviously, shot in the leg. again, superficial wound. she is going to be okay but many very young people shot in the city and killed. the chief finds these shootings especially disturbing. >> i'm particularly sensitive when it comes to these young kids being assaulted based on what happened over

terry mcsweeney is live in the north bay. know you were driving around looking for cool temperatures. where you have landed and how cold? >> shear san rafael and it's two degrees below freezing here in san rafael. you can see the thermometer on the side of the bank on lucas valley road, 4:29, 26 degrees fahrenheit. we talk about the temperatures, what it means to people, you better wear layers today. i know it seems like common sense but keep this into mind, 700 people in the united states die in hypothermia. elderly is most susceptible. also, cold and flu, it is the cold and flu season add one in five adults are going to be getting the flu this year. the flu virus likes cold weather better. also more heart attacks because people exert themselves trying to sta

hive in oakland, terry mcsweeney, nbc bay area news. >>> the massive refinery fire has cost chevron $10 million so far. that's according to the report that chevron filed with contra costa county. that report was filed today it affected by the fire as well as area hospitals as well as local agencies. in the report, chevron says it's expanding testing to detect thinning pipes and increasing employee training to try to prevent similar accidents. the august 6th fire was caused by a corroded pipe. >>> well, a woman who was just 17 years old when she was kidnapped and sold as a sex slave is telling her story. >> i don't know if you're going to come out alive. >> coming up, why experts say her story is far too common in the bay area. >>> and a teenaged driving lesson goes very wrong in santa cruz when a father and son end up in the ocean. >>> and the fight over hand-painted gnomes over in oakland tonight. why pg&e has decided to leave the gnomes alone. >>> i'm jeff ranieri in the weather center. a little bit of cloud cover across the bay area. but we are currently seeing dry temperatures also

terry mcsweeney is in santa rosa where at fourth street and farmers lane shows 24 degrees. >> the country on the edge of the fiscal cliff. last night, house of representatives passed it and taxes will still go up for wealthy individuals and bush-era tax cuts will remain for everyone else. >> number four, the coosh water district board holds a hearing in concord to discuss a proposed rate increase. a hike up to 3.5% could be approved. it could add up to $2.27 a month for typical bill. >> number five, last day you can enjoy the science museum exploratorium at current location. good news you can go for free today. exploratorium has out grown its home and moving to pier 15. >> let's get a final check of the accu-weather forecast. >> can we look at the tornado again? it is cold. dangerously cold. you can see the 20s, frost and along the peninsula shore down to the south bay. by the afternoon hours, remember spare the air today but also tomorrow. by 9:00 we'll start to get above those freezing temperatures. mostly sunny conditions inland and made to upper 50s around the bay. >> to recap this wa

terry mcsweeney is live in san rafael where it's been in the 20s. i imagine it's still dipping. >> it gets colder as dawn approaches. as you can see one minute after 5:00 on the second day of 2013, 26 degrees, of course, freezing is 32 degrees and there it is two below on the celsius. take a look. frost on the wind shields, front back, grass, everywhere we looked and every car parked overnight, they have the frost. keep it in mind. and i have frost on my rear window, it's a good idea to defrost before backing out of a driveway. cool temperatures this morning and we are under the impression it will be colder heading up south the santa rosa area in that direction, north of here. in napa, some of the more protected valleys. so we're going to take a look at those in about an hour from now. right now i can tell you, it is below freezing in san rafael. this is redwood highway, highway 101 at lucas valley road. bundle up, i did and it's not that bad if you are prepared. >>> house of representatives passed a senate bill. 85 republicans joined democrats to p

terry mcsweeney, nbc news. >>> those stolen cars that belong to an elderly couple, victims of a home invasion in san jose. they found the tan toyota camera abandoned on highway 101. the couple said the car was found in the reservoir. it's a 2007 highlander. they are still searching for a suspect. no sketch has been released. >>> well, happening right now san jose police are investigating the second homicide of the year. a woman found shot and killed in her own home. nbc bay area's george kiriyama. >> reporter: a man heard a popping sound but did not know what the sound was. as you can see investigators are still out here investigating this. where the apartment building is, and if you're not familiar with where it is, it's not too far from 101. now police are telling us they have a 911 call around 1:30 this afternoon, officers arrived and they found a woman inside one of the apartment units shot at least once. she was taken to the regional medical center and she died an hour later. now investigators are looking at her death as a homicide. at this point there are no suspects. detective

terry mcsweeney, nbc, bay area news. >> thank you. we have nor details about a high school hazing case that has stunned the vallejo community. the alleged lewd acts are moving out of the hands of school officials and into the hands of local police. nbc bay area's jodi hernandez joins us at st. patrick's st. vincent catholic school where five expelled students may end up facing a much bigger issue, correct, jodi? >> reporter: they certainly may. vallejo police confirm they are now investigating the allegations. they're preparing to interview everyone involved to try to determine if what took place here warrants criminal charges. >> they're horrible. they feel terrible. but i also think they've learned a good lesson which, i think, is how this whole thing should have been handled. we don't need to throw them out of school. >> reporter: tom said he's been in contact and while he feels they have been handled too harshly, the boys' troubles may be far from over. >> they have to do their investigation, find out what, in fact, the truth is.