♪ good morning. i'm theresa garcia live in san jose. there are two big -- >> also in the headlines police arrest an 18 year sold man in the shooting death of a german tourist near union square. >> blocking governor schwarzenegger's order. >> atop some of the buildings thicker marine layer around the bay but not inland. show you where it's going to get warmest today. >> a live shot at the bay bridge toll plaza. road work going on and potential delays later on this morning as well. >> 4:30 a.m. on this tuesday. it's all uphill from here. thank you for joining us.

i'm eric thomas. >> and i'm kristen sze. an 18-year-old san francisco man faces a murder charge for the shooting death of a german tourist near union square sunday night. two other people were injured when a group of teenagers had an altercation and began shooting. >> allen wong reports. >> the husband of murder victim measure left the hotel 7:00 and flew back to their home in germany. >> deep in his heart he's crushed after being with someone for all these years and they came to celebrate i believe their 25th silver anniversary. >> sunday at 1:00 a hail of bullets were shot a half block away from the couple's hotel. a private party was being held for teenagers between 13 and 17 years of age. surveillance cameras captured people running for cover. >> there was another man over here that i saw. he got like glanced in the neck

and he was bleeding. >> police say it was a 15-year-old boy and a 19-year-old woman wounded but the 50 year sold tourist and elementary school principal was hit in the head and died at the scene. ♪ >> the owner of biscuits and blues across the street believe the suspects were waiting in front of his establishment. >> they're all young teenagers. and they are like for some reason they are outside our door. >> police say they recovered a gun, detained five teenager suspects and arrested an 18-year-old san francisco man, phillip stewart. >> back here where the party was held at the native sons building, we're told there was security here and ironically the party promoter says she held these events so teens would have a safe place to socialize. the german couple had been traveling through the u.s. since mid july and we're told they had plans to return to germany this

saturday. reporting in san francisco, allen wong, abc 7 news. >> it's 4:32. santa clara could be the next bay area county to require that all pitbulls be spayed or neutered. the proposal will be made today after last month's fatal mauling of a two year sold boy in concord. theresa? >> kristen, in the bay area counties that already require the spay and neutering law are san francisco and sonoma counties and gilroy. even four cities in the state that require this already and the mauling death of the two-year-old boy in concord last month certainly is what's prompting this local proposal again. it's both in santa clara and contra costa counties where this new law's be proposed. it would require pitbull type dogs to be spayed or neutered. the hope is the mandatory requirement would reduce the overbreeding plus reduce possible aggressive behavior.

the opponents say targeting specific breeds is an infective solution and dog training and owner education is what's needed. steven is the grandfather of the two-year-old concord boy killed by three of his pitbulls in july. in a jailhouse interview he said he had seen aggressive behavior in his dogs although he never thought they'd attack the family. now he faces felony child abuse charges. proponents of the spay neuter law believe it will reduce the number of unwanted, unclaimed or neglected pit bulls. since the proposals are at the beginning stages it's unclear what type of fines the violators would face. possibly it could be a fix-it ticket for the spay and neutering or even a crime. theresa garcia, abc 7 news. >> theresa, thanks a lot. it's 4:34. today marks one year since six year sold fremont boy hasanni campbell disappeared. now the leader of the volunteer

group that spend the last year looking for him believes the boy's father is not telling the truth. today sherry lynn miller who founded citizens for the loss will take members of her group to meet with an alameda counties deputy district attorney to discuss any possible new developments in the case. investigators consider the case a homicide despite the fact that they have never found hasanni's body. >> furlough fridays for state workers will not begin as planned after an alameda county judge blocked them. judge steven brink ruled governor schwarzenegger's law, a new state budget needs to be passed. it's the second set of furloughs ordered by the governor since last year. >> as long as it fails to produce a budget and we're facing iou's, unfortunately we have no choice but do the

furloughs so we can cut back on spending like every california family and business is doing. >> the governor's office will appeal the ruling hoping to lift the restraining order in time to have furlough fridays resume this week. >> 66 years after his death, a world war ii airman from oakland will be laid to rest today. airman sergeant john vanasaua was a 20-year-old crew member on a b-24 shot down over germany on april 29th, 1944. well, seven years ago a german excavation team found human remains near the crash site. his sister travelled to the site and found a piece of his uniform with his name on it. dna testing confirmed the identity of the remains and they will be buried at holy cross cemetery with full military honors. >> the highway patrol will be cracking down today on drivers who use their cellphones without a hands-free device. it's illegal in california as you know to talk on a cellphone while you're driving but it

remains one of the most ignored laws in the state. an estimated half a million citations have been issued since the law took effect two years ago. cellphone use was a factor in at least 16 fatal crashes and more than 850 injuries. penalties for violators are likely to double to $250 in january under legislation that's expected to be signed into law. >> 4:37. this weather information, you can put down that cellphone. we've got your 411 right here, right? >> that's right. pick up a cup of coffee. and remember where the wiper switch is. you might need it. >> especially the bay and the higher elevations, that's right, where the thicker clouds have a little more moisture in them this morning. watch for that. but the farther you head into the east bay valleys, not nearly as wet or cloudy. mountain view los gatos in the low 60s. the rest of us in the 50s with san francisco and half moon bay the cool spots along with santa rosa around 52 degrees. these temperatures compared to 24 hours ago, pretty much the

same if not one to two degrees cooler. even though we're off to a cooler start and thicker clouds arounds the bay, i still think we're going to see warmer weather. it won't be 8:00 because we're all cloudy in the 50s. by noon we'll see sunshine a little quicker in the east bay valleys and the south bay. already in the low to mid-70s at noon and mid-60s the rest of our neighborhoods and upper 50s along the coast into san francisco. by 4:00 looking at low to mid-60s arounds san francisco, oakland, upper 60s to low 70s arounds the bay. mid-70s out in the south bay. upper 70s in the east bay valleys and low to mid-70s in the east bay valleys. inland areas will jump a few degrees today, we'll hold steady tomorrow. warming trend brings our temperatures back close to average if not above throughout the weekend away from the coast. sounds like we're off to a rough start. frances has your first accident. >> just up in hayward and reported on southbound 880 and

92. injuries reported as well so we have chp and emergency crews heading there. one lane is blocked so let's check out the traffic in that area in my nest report. here's a live shot of the 280 and 17 interchange in san jose. traffic is light around most of the bay area but if you're heading through highway 17 later on this morning, hazmat says there's been big delays because of it this landscaping work. southbound lanes are blocked, at least one lane. 6:00 to 11:00. so one lane open and then in the northbound direction it's closed from 11 a.m. to 2 p.m. if you want to try to avoid those directions during that time. eric, kristen? >> all right, frances. thank you so much. it's 4:39. >> oakland police cut a deal to save dozens of officers' jobs. >> rider getting on with you could be under cover. >> a flight attendant who snapped, grabbed a beer from the galley cart and escaped the plane on an emergency slide. [ female announcer ] back to school means back to busy mornings.

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>> good tuesday morning. it's 4:42. let's take a live look at the oakland maze. traffic looking good here. however, in hayward frances was telling us about that southbound 880 accidents at 92, the injury crash. the good news is even though it was blocking a lane a few minutes ago, the chp cleared it to the shoulder. we'll check with frances and mike coming up. in the news, oakland police officers have approved a deal that could save the jobs of as many as 200 officers. they agreed to pay 9% of their pension by 2013 and work longer before they can retire. the three-year deal gives the city council the green light to place a personal tax measure on the november ballot. if voters approve it, the cities will rehire the 80 officers laid off last month. if the measure fails, the deal falls apart and more than 120 additional officers could be laid off in january. >> muni fare inspectors and san

francisco police officers will be teaming up again this week looking for fare cheaters. the san francisco examiner reports teams of inspectors and police officers will be stopping muni vehicles and demanding passengers show proof of payment. violators without a transfer receipt or pass face a $75 fine. the enforcement program was launched a year ago. muni estimates fare evaders cost the system $19 million a year in lost revenue. >> a jetblue flight attendant is in police custody this morning after blowing his top. listen to this. investigators say steven slater began arguing with a passenger at new york's jfk airport yesterday after the man grabbed a bag from an overhead compartment. somehow he was hit in the head with the apartment door. slater asked for an apology but the passenger instead cursed at him. that's when police say slater got on the public address system, yelled profanities and grabbed two beers, deployed the

emergency escape chute, slid down and ran off. police later arrested him on his home at queens of charges of reckless endangerment. he's been under stress because of an illness in his family. >> well, he wasn't chugging those beers as he was going down the chute i hope? >> unknown. >> 4:44 our time. a way ward kitten lost and found returns home to san francisco in style. >> the newest smokers in contra costa could soon face. >> and byob, bring your own water bottle that is. next san francisco moves a step closer to banning the sale of plastic water bottles. >> it's primary day. coming up see how some key rateses are created some unlikely f you want some fiber one honey clusters? yeah. you must really care about him. what? no, no. you gave him fiber. no she didn't. this tastes way too good to be fiber.

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♪ whoa! do you know what our favorite part of shooting hoops is? 3...2...1... overtime! ♪ ♪ we're the kids in america ♪ oh, oh, oh ♪ ye ♪ look, they fit! oh my gosh, are those the jeans from last year? how'd you do it? simple stuff... eating right...whole grain. whole grain? [ female announcer ] people who eat more whole grain tend to have healthier body weights. multigrain cheerios has five whole grains and 110 lightly sweetened calories. more grains. less you! multigrain cheerios. >> welcome back. looks like the rest of the country still kind of stuck in the same rut we are. heat in the midwest, 102 dallas.

some of that heat starting to spread to the east. severe weather possibly, mainly minneapolis, the main hub there. still scattered thunderstorms across florida and the southeast may cause a few delays. if your flight's affected we'll know about it and you can too by using our flight tracker at abc7news.com. >> thanks. 4:47. the contra costa board of supervisors is set to vote on a tough smoking ban. it will expand its current no smoking laws to include a ban smoking inside new apartments and condos with four or more units built after january 1st. the ordinance would ban smoking in carports, porches, decks and patios. >> city leaders in san francisco

are considering banning plastic water bottles at city events. but the kick the bottle concept needs refining. the problem, how to get rid of plastic bottles while still making water available at public gathering. a report on the progress at city hall. ♪ >> whether it's a music concert at golden gate park or a street festival in north beach, changes could be coming. if environment al leiters in san francisco get their way, you will no longer be able to buy water at a public event at city property. instead you'll be encouraged to bring one of your own. >> every single one of the athletes got one of these at the very beginning of the event. >> marian gordon addressed the policy committee and the commission on the environment. she pulled off a bottle-free event at an athlete events. instead of being handled bottled water, 3,000 participants filled their reusable bottles at several water stations. gordon believes the same kind of thing can be done at even bigger

events. >> tickets can say bring your own bottle on them. when you go online to buy your tickets, there can be all kinds of information. >> dispense sers with several spigots placed throughout large gathers. those who forget will be provided cups. as much as people like the idea of helping the environment, many say banning the sale of bottled water at public events is a bit extreme. >> it's too unusual, it's too quirk yes. >> members on the commission are moving forward. they plan to come up with a proposed ordinance that could ultimately be put before the board of supervisors. lillian kim, abc 7 news. >> a happy reunion is in store today for a kitten stolen from the san francisco spca more than a year ago. the three month sold kitten was taken from the spca pending adoption in july of last year.

jack was partially blind and in need of attention. this past week he was found wandering the streets of new york city and identified through an implanted microchip by a local rescue organization. jetblue has offered to fly jack home free for the spca homecoming that would reunite him with his former littermate. saw the big city, toured the statue of liberty. >> i know jack. you know jack? i didn't think you knew jack. (laughter) >> but now you all know jack because of the story. >> that's right. >> home alone kitten? >> that's right. there you go. >> was stay home alone with all the drizzle out there. >> a lot of it around the bay but not all of us are seeing the thick clouds this morning that we're dealing with around the bay area. that's why i think places like the east bay valleys will be even warmer today than yesterday while the rest of us kind of have a steady go before the warming begins thursday. here's a look at downtown san francisco.

you see the thicker clouds. that's probably going to mean flight arrival delays also into the airport this morning. let's take a look at those temperatures. slightly cooler but still most of us in the 50s. we have 52 santa rosa, san francisco and half moon bay for the cool spots and mountain view and los gatos at 60 and 62 for the warm spots. cloudy around the monterey bay and inland and a little drizzle possible and temperatures running in the mid-50s, about 1 to 2 degrees cooler than yesterday. what we're watching is a thick cloud deck sitting on top of the coast and the bay and pushing into the east bay valleys and the south bay. you see by 8:00 already starting to lose a little of that cloud deck around the east bay valleys and by noon it's pretty much back to the coast other than just a little hanging around the central bay and by 1:00 it's all the way back to the coast keeping you in the 50s, 60s and the low 70s will dominate most of the bay. the 70s and even 80s in our inland valleys. that's what will dominate most of the east bay, low to mid-80s.

dublin pretty close at 79. warmer weather on the east bay shore today. the 60s confined to rich monds, berkeley, oakland, hercules. everybody else low to mid-70s. south bay mid-to upper 70s. los gatos cracking the 80 degree mark. millbrae holding on to 68. we'll be in the upper 50s along the coast. 58. a few degrees warmer on the bay side downtown in south san francisco the low 60s. same thing with sausalito, san rafael 68. low to mid-70s the north bay valleys. we'll hit the 80s clear lake and even 90s around ukiah but upper 50s your cloudy coast. clouds steady arounds the monterey bay like yesterday. salinas, seeing 80s gilroy and morgan hill with sunshine. around the state 87 sacramento. sunshining tahoe. san diego today a little warming but l.a. still stuck in the upper 70s. bring it back home for a game tonight.

cubs still in town, cloudy and cool. that first pitch about 61 dropping to 57 degrees. tonight cloud cover once again, drizzle, even mist around the bay and coast and temperatures in the 50s. i don't see much of a change tomorrow in our temperatures. about 2 to 3 degrees warmer on thursday and then by sunday we should be in the low 90s inland, mid-70s around the bay and low 60s at the coast. here's frances with an update. >> the thing about having an extra cup of coffee go ahead and do it. chp thinks this accident was caused by a sleepy driver just past 92. the car crashed into the guardrail and they were able to get everything off to the shoulder. luckily no injuries reported. and you notice there's just a little bit of slowing right there at the scene past 92. the san mateo bridge, westbound traffic on the right. we'll check out the golden gate bridge for you this morning. traffic light heading into san francisco. you can see the low clouds there though in this shot. you can always find out the

latest by going to our website abc7news.com. it's under the bay area traffic link. kristen. >> frances, thanks. california voters will have to wait to decide the fate of an $11 billion plan to overhaul the water system. they voted to pull the bond measure off the november ballot. supporters say it has little chance of passing given california's $19 billion budget deficit. critics say they want it rewritten to eliminate what they claim are pork barrel projects. >> voters in several states go to the polls today for primary elections and it could prove to be an important test about how voters are feeling. the white house and congress whether certainly be watching the results. mike ruzar reports. >> it's august and already the race to november is heating up. first key primaries. some even pitting support from party heavy hitters on opposite sides. in colorado, it's obama versus

clinton. >> hi. this is bill clinton. i'm supporting andrew romanoff to the u.s. senate. >> obama backs michael bennett. a loss could be an embarrassment for obama. it's a political smackdown in connecticut. >> i approve this message because it's time for something different. >> former world wrestling entertainment ceo linda mcmahon hopes to trade the ring for the senate. >> what i hear when i'm around in our state is not, they're not concerned about soap opera story lines. >> the conservative is expected to advance to november likely pitting her against connecticut attorney general richard blumenthal. in georgia... >> are you ready to vote for a constitutional conservative that will fight for you? >> sarah palin is testing the national gop. she supports handle for governor. handle is endorsed by the nra, mike huckabee and newt gingrich.

the biggest surprise? pending political power in your corner. voters in florida have two weeks to decide if key races. the official primary day is august 24th but early voting is already underway. abc news. >> it's 4:57. one of silicon valley leaders comes to the defense of h. p.'s ousted ceo. >> it was one year ago today six-year-old hasanni campbell walls reported missing from the rock ridge district here. we'll see where the investigation stands coming up. >> and we're learning more about san francisco's plan to host the america's cup, the possible location next.

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