woah .... ♪ na, na, na. ♪ woah. woah. ♪ from the very start. had a broken heart. ♪ you call upon. keep away from the run away. ♪ the girls won't play. ♪ if you don't want to cry like i do. keep away from run around . sue. ♪ other than ♪ ♪ woah. ♪ ah. ♪ ♪ put it down. ♪ some people ... ♪ from the guy who knows. ♪ about a love that grows. ♪ keep away from run around.

sue. ♪ keep away from that girl. ♪ you don't know what that girl. ♪ keep away from sue. ♪ keep away from sue. ♪ ooh .... [applause] >> harvey krokodillos. russell speaking on behalf of the group. you guys are terrific and tell us about the palace hotel. >> we are performing in the garden court restaurant in the palace hotel. we'll perform tomorrow and friday between 12:30 and 1:30 and there is a special boston themed lunch in our honor. >> that's great. >> you are on a tour i understand. we are out of time. check them out at the palace hotel. i will check you ♪ okay, so who ordered the cereal that can help lower cholesterol

and who ordered the yummy cereal? yummy. that's yours. lower cholesterol. lower cholesterol. i'm yummy. lower cholesterol. i got that wrong didn't i? [ male announcer ] want great taste? honey nut cheerios. want whole grain oats that can help lower cholesterol? honey nut cheerios. it's a win win. good? [ crunching, sipping ] be happy. be healthy. can i try yours? he is a 90-year-old man not afraid to put up a fight. >> i am going to kill him. >> that fight turned into a gunbattle this morning in greenbrae. good evening. i'm carolyn johnson. >> i'm dan ashley. for a marin county man, 90 years old is not too old to

fight. >> he opened fire when an intruder broke into his home. the suspect fired back. ama dates is live where the victim and the suspects are. ama 1234*. >> reporter: carolyn and dan, i am told they are both recovering tonight. the suspect had surgery and is recovering now. the suspect is from novato or petaluma and he does have a violent criminal history. he went into the house with a gun, but he likely had no idea what he was walking into of the police worked this crime scene well into the night. it was after a morning burglary lead to a shootout pitting the homeowner against the intruder. >> the suspect kicked in the front door. when he went inside there was one man living at the residence. >> reporter: that 90-year-old man was jay leone. but he was not home alone. sara lives downstairs. >> all of a sudden i heard a boom. >> reporter: she initially thought leone was moving furniture.

hea former was a former law enforcement agent and former vet and is very physically fit. then she realized someone else was in the house and called police. meanwhile, up upstairs, the suspect ided as samuel sutrafeli momentarily gained the upper hand. >> he briefly detained the man for awhile, but the man was able to get one of the fire arms. >> reporter: leone shot the intruder three times, but the suspect fired back and leone was shot in the face. >> he wept in for the kick and was right on top of the skull. >> reporter: she is not at all surprised that her friend shot the intruder. >> i was only concerned about safety and he said, don't worry about it. i have a gun and i am the best shooter. if somebody comes in, trust me, he said, i am going to kill him. >> the suspect took off in a car and eventually called

police saying he needed a medic. both men are at marin general. and the suspect got less than a mile from the home before he had to call 9-1-1 and ask for the medic. he initially said he shot himself. although as we found out later it was not the case. it was the 90-year-old man who shot him three times. ama dates, abc news. >> thank you. it has been more than 24 hours, and as far as we know, a burglary suspect is somewhere on telegraph hill in san francisco. police pulled officers away from the hill. they decided the risk to the man and officers was too great to arrest him. the suspect who calls himself dan ran on to the hill last night after a botched burglary. officers will drive patrols around the area trying to make contact with him. it is back. the horrible smell is troubling neighbors again on the east bay. and now there are signs the leaking oil may have spread to private property. the odor is coming from an area inside the concord naval

weapons pavilion. now more from alan wang. >> these concord residents say the strong smell of crude oil is unbearable. >> i can smell it in the air. as soon as they took it away from what it was covering up, it comes out. >> a representative called neighbors explaining they detected an odor coming from behind their homes located on the former concord naval weapons station. >> to see if there is a possible leak. >> the odor this time was noticible. but in november, neighbors say the fumes are so overwhelming, many had to stay in hotels. >> i am still dealing with the cough and the sinus infection and the headaches with the initial one. >> the bay area quality management district issued a public nuisance violation for the november leak to conocophillips. conocophillips is doing maintenance work and will get back to us with details.

they never did. >> i e-mailed him and they don't do nothing. it is tough to say. >> i spoke with hazmat today and they have actually been in contact with conocophillips, and they have been told that the oil has my dpraited under private -- has migrated under private property. lisa lives behind the site and it is a habitat for the threatened red legged frog. >> my fear is they have penetrated to where the oil is hibernating and it might have killed the frogs. >> crews worked all night to fix the problem. but the neighbors have a lot of unanswered questions. in concord, alan wang, abc7 news. oakland police want you to look at a sketch of a man wanted for trying to kidnap a child. he has a medium complexion and muss mustache. the 9-year-old was fixing his

skateboard when the man offered him candy and tried to lure him into his vehicle. it happened the day after christmas. the boy locked himself in the garage until the man left. a special san jose police unit nabbed four men suspected it o possessing child hour nothing grough fee. -- pornography. the internet crimes against children task force used a van with a mobile forensics lab to go to the suspects' homes and quickly search their computers and the portable hard drives. it is a search that used to take months. it has hundreds of images of preschool aged children. >> these are not 16, 17-year-old girls gone wild. these #r* pre pew bes sent children. these are children three, four, five years old and engaged in sexual intercourse with adults. >> experts say they use videos and movies to trade for videos of child pornography.

they suspect an arsonist hit several big rigs. thisy destroyed each of the vehicles, each worth $25,000. the fire marshal says there is no indication a disgruntled or terminated worker started the fires. as much as 60 gallons of diesel leaked into a storm drain. pg&e is going to conduct a widespread inspection of the power lines in daley sti. we showed you a utility poll catching fire this. is the latest in a series of power outages in the city. at least three times in the month. each time 5,000 customers were left without power in daily city. crews are using the infrared devices to search for weaknesses in the power lines. federal officials have a deltathumbs down delta man's fix to a levy breech. it lies across the sacramento river from pittsburgh. a levy breech nearly flooded the island so he sank a 40-foot shipping container in

the breech and filled it with mud. that stopped the flooding. the feds told john today that the containers have not been tested for the environmental impact and are a violation of the federal permit. driving drunk is never a good idea, and neither is flying under the influence. a chp helicopter noticed a small, private plane flying dangerously low, 50 feet above the ground near highway 37 and sonoma county. when the plane landed at the petaluma airport, they noticed the 62-year-old pilot had alcohol on his breath. officers arrested him on suspicion of reckless flying and operating an aircraft under the influence. and here is a wild picture. the thick fog in the central valley helped police capture a man in a stolen car. officers say the driver was speeding in fresno's famous fog, missed a turn, hit some large rocks and a tree stump. it launched the car. it went airborne landing on the roof of an apartment if you can believe that. the driver took off apparently with a broken leg. he was caught nearby and

promptly arrested. a large crane was needed to get the car off the apartment roof. isn't that wild? >> what a sight. >> weird. historic changes for the u.s. military. that's next. what you will hear in tomorrow's big announce meant from president obama. >> also, the hottest job in silicon valley and the search for the killer app. >> and bloomy's downsizing plan. why small is the next big trend. and then late other "nightline." >> carolyn and dan, coming up next on "nightline" a young mother home alone at her baby and a shotgun pointed at the door as two men try to break in. the tape of her desperate call to 9-1-1. plus, s.w.a.t brothers wade in to face

the united states military could start to change forever. the president will speak from the pentagon to outline a radical change in defense priorities. the army will drop below half a million soldiers over the next 10 years. it is part of a $450 billion cut from the pentagon's budget. the number of aircraft carriers will remain the same, 11. it is an indication of the obama administration's refocus on threats from china. another $500 million in cuts to the pentagon budget could be ordered if congress follows

through on plans for deeper reductions. one candidate is out as republican presidential hopefuls now zero in on new hampshire's primary. michele bachmann dropped out after her last place finish in iowa. jon huntsman who skipped the caucuses is on the ballot for tuesday's primary. his biggest rival, mitt romney, is leading in the polls, but he barely won in iowa. the romney campaign got a boost today with an endorsement from john mccain. >> what i'm doing is asking you that come to south carolina with so much momentum it cannot be stopped. >> rick santorum is facing new criticism about home state spending for specific projects he wrote into the bills. he said he was fighting to bring the tax dollars back to the state. as for the others ron paul finished a strong third in iowa. newt gingrich came in fourth there, and he is promising to thatpen his rhetoric. and rick perry decided not to drop out after his fifth place

finish. the gop candidates were up for debate. you can see it live on abc7 starting at 6:00 p.m. a record breaking 1.3 billion apps were downloaded on christmas week by the new owners of smartphones and tablets. that's a mother load for all of the app developers in silicon valley. abc's business and technology developer david louie has more on the 21st century gold rush. >> reporter: no one knows how many app developers work in silicon valley, but it is in the thousands. michael burks is working on his first app that plays music on the ipad. >> you can make a good living if you get the killer app which everybody wants. that's tricky and not easy to do. >> reporter: there are now hundreds of thousands of apps available for smartphones and tablets. only a handful are killer apps. many focus instead on apps for learning and sharing information. the demand for apps is global

and in multiple language. >> a lot of countries have bypassed the web and the pc and gone straight to the smartphone for communication and access to information and access to the web. >> tim burks has a dozen apps in the apple store. he is working on a new one whether youking a multi player slot finance for the ipad. >> if the gold rush has passed, at the sale time there are so many problems that you can see in the world that are waiting to be solved with apps. >> app development competition is getting fierce. >> it is getting much more competitive with over 500,000 apps in the itunes app store. it is a challenge. i think there is also still a lot of opportunity. >> a start up veteran whose latest app is color would like to see young app developer does their own start ups. >> i would love to hire them. i would do anything in the world to have them here, but i hope they go and try to build something.

even if they don't make it, they will learn so much more about what the phone means to changing our lives, and i would love to hire them then too. >> in san jose, david louie, abc7 news. tonight bloomingdales has announced it is moving to ation different location at the stanford shopping center with a smaller store. in fact, it will be half the size of the current store. bloomy's has been there for 14 years. macy's which owns bloomingdales says the new store should open in two years. macy's also announced a new bloomingdales will open in livermore later this year. both stores will feature a new smaller format. let's focus on the forecast which continues to be mild and beautiful. >> >> really unusual for january. sandhya patel is here now. >> it is unusual. the calendar says winter, but it felts like the spring. we have records 72 in santa rosa. record high of 69 in oakland, moffett field, livermore. these were all records, santa rosa and livermore were ties. half moon bay, santa cruz

hitting 70 degrees today, hard to believe.67 in napa, clear la. 66 in ukiah and concord. down toward san jose, 64 today. it was a beautiful day here in the bay area. we had records. there were records in other parts of the state as well. down to southern california we go and san gabriel, 91 degrees. 91. that's not a typo. 85 in los angeles and 88 degrees in long beach. it is an area of high pressure with a down sloping wind. it is an offshore flow that provided us with the warmth in the bay area today. and you probably noticed the high clouds this afternoon. we expected them. the high clouds are made up of ice crystals, and they provided these beautiful sunsets. this is is a pretty winter sunset from brentwood sent by stephanie h to my facebook account. there were empight a few. a burst of cloar -- a burst of color from the livermore pleasanton area. and look at those hughes. it is absolutely unbelievable. a beautiful sunset and sent to me by twitter and tracy.

thank you for sharing the photos with me. keep them coming. i would love to see them. the temperatures are in the 40s and the 50s. it is 59 in santa rosa with a patch of fog there. most other areas are just seeing some high clouds moving through. so a few high clouds tonight. mild tomorrow. cooling down for your friday. and then temperatures will rebound as we head into the weekend. and it is going to be a sunny weekend. still searching for rain. none in sight. here is what is going on. the cold front that is coming, it is falling apart. but it will impact our temperatures. tomorrow is not quite as warm or mild as today. and it is going to get even cooler on friday. no rain in sight, but these cold fronts are just bumping into the ridges of high pressure and basically what is happening is it is impacting our weather in the form of temperature changes. like i said, a little cooler tomorrow and even more on friday. overnight readings on the chilly side. the high clouds are going to holdup the temperatures a few degrees. so not quite as cold as this morning. mid30s for napa, fairfield.

38 in livermore and getting down to about 41 in san jose. most other areas will be in the 40s. tomorrow afternoon, it is another gorgeous day. a few high clouds, sunshine. 65 in santa rosa. richmond, san francisco, half moon bay, 60 degrees. mid60s for fremont, san jose. near 70 degrees in livermore tomorrow. for the monterey bay, the temperatures in the low to upper 60s. gilroy, 68 degrees. here is your accu-weather seven-day forecast. it is a nice looking day tomorrow. a little cooler. cooling down some more with more clouds on friday. a breeze kicks up as the cold front comes through. and you will notice it is a rebounding temperature regime there for the weekend. milder weather in store with lots of sunshine. no rain drops on the accu-weather seven-day forecast. carolyn and dan, i have been looking for rain, but i just can't find it. a new study looks into how marijuana affects memory. >> the test that compared that -- those that smoke and those s>s>@@q

you put all you've got into that deep-dish masterpiece. but when it doesn't stay in the dish there's easy-off oven cleaner. because easy-off cuts through five times more grease than the leading all-purpose cleaner. so you're ready whenever inspiration strikes. cook with passion. clean with easy-off. organic milk and the cost is going to rise. dairy farmers are feeding their cows less resulting in lower milk production and

demand is growing. we can expect to see the organic milk prices rise in the upcoming weeks. some stores have posted signs notifying shoppers of the short supply. a new study finds occasional marijuana use doesn't appear to impair a person's memory. it involves 50-year-old men and women in britain who occasionally smoked pot or took drugs into their 40s. the group did just as well or slightly better on memory tests than those who had never used marijuana. the study did show that heavy prolonged use of pot could harm functions. the findings are published in the journal of epidemiology. >> larry beale is here. >> i don't know what you do at this point. this is now a crisis. he sprained his ankle again. this is three times now in six games. sports is coming up next.

steph curry has turned into the warriors' nightmare. it was the first game in san antonio since 1997. when he went down so did the

warriors. it has been an eternity. monta ellis did all he could. he left with a tweaked ankle. curry to monta and he had three and 20 and he was lighting it up. and with authority. the third quarter and here is the injury. he doesn't roll it. he doesn't do anything. he is just pushing off. it is the third ankle sprain in six games. and the warriors were holding on in the fourth. the spurs are up by one and tony parker with the drop. look at his coach all fired up. that's the way to do it. take it to the rack. monty is on fumes. he finishes with 15 of 30 shooting. warriors are down one and 30 seconds left. 59 5.

spurs and warriors lost 27 straight. what to do about the ankle. the fourth of the fourth of the year and we are tied at one apiece. 27 seconds later and dan boyle and slap it. he knocked it in. 2-1 and joe pavelski would add another goal. it is their first win over anaheim in four tries this year. they call it big mo and the momentum swung wildly on one play in the orange bowl tonight. that was the deal. clemson versus west virginia and, no, this was not time for tiger nation. clemson at the west virginia 3 yard line. andre ellington looks like he gets in here, but somehow the ball popped loose and there goes the ball. cook has got it. clemson would have retaken the lead and instead it goes 99 yards the other way. he also takes out the orange bowl mascot.

that is actually a girl in that cos costumes. smith with six touchdown passes. austin had four of them. 37 yards here. west virginia finishes with a bowl record 70 points, 70-33 the final score. from our football to their football. sock scpert english premiere league. the goal keeper tim howard. he plays for the u.s. national team. he boots it 95 yards. and watch the bounce here. the ball just flies right over the top and it was in. howard is only the fourth keeper to score a goal ever in the premiere league. un-- unfortunately it was the only goal. his team wound up losing the game 2-1. and that is your toyota sports report. howard said after the game -- well, he wasn't happy because they lost. but he said he felt miserable because it happened to him once before, and he says it is the worst feeling in the world as the keeper to have --

>> well, at least he got even. >> let's go back to steph curry. what can be done about this? >> i talked to people in the nba. nobody has seen anything like this where a guy has repeatedly sprained his ankle and seemingly doing next to nothing. he wasn't doing a radical thing. you had the surgery and it is supposedly healed. it is clearly not better. if you lose him you will lose a whole bunch of games in a short amount of time. and compressed season, 66 games in a few months. you need him to play, but you can't keep him on the court. >> the problem is clearly he will keep reinjuring it. >> it is not going to get better like this. >> you have to sit him down. >> it is a huge nightmare. >> i wish there was some kind of special brace. >> limit it too much and he can't play. >> keep track of the latest breaking news on twitter and abc7 news bay area. >> for larry beil and sandhya patel and everybody here, thank you fornexpected.

>> reporter: as auxiliary bishop, he was in charge of 66 parishes. the doors to zavala's parish office were locked and ees here no hat make any kind of comment to us? >> unfortunately, no. >> reporter: the spokesperson but archbishop jose gomez wrote -- the archdiocese has reached out to the mother and children to provide spiritual care, as well as funding to assist is children with the

college costs. the family's identity is not known to the public and i wish to respect their right to privacy. >> a surprise when early in the morning i want to open the e-mail and found the communication from the archdiocese. >> reporter: this father is the pastor of our lady of guadalupe, the church on the campus shared with bishop zavala's office. >> i'm saddened by the event. and i pray that, that he is all right. and that -- that we will overcome this problem. >> reporter: in los angeles, rob hayes reporting for abc news. >> just one more in a long list of examples of the fact that just because you have a religious job you are just as human and flawed as the rest of us. >> he was confronted about this a couple years ago from catholic media. he told them, report the truth because the truth sets us free. >> well, i guess he's set free. >> set free, yeah. now we turn to a bizarre car accident, which you have to see to believe. police in fresno were shocked to find a car perfectly parked on

the roof of an apartment building. the driver stole the car, took a turn too fast. hit a tree stump that sent it flying to the roof. the driver was captured with a broken leg. no one else was hurt. it took a special crane to get that car down. >> powerful crane. well, medical researchers are doling out new advice to tackle a widespread problem, oh, neck pain. mine hurts all the time. it affects up to half of all adults every year. turns out the most common treatment may not be the best. abc's dr. richard besser explains. >> reporter: think about it -- it holds up your head, moves it thousands of times a day. the strain from poor posture, tension, long hours at a desk, it leaves a lot of us with a pain in the neck. for this woman it was the daily grind in front of her computer. >> it was terrible. i couldn't exercise because of the injury. i couldn't rest because i couldn't get comfortable. >> reporter: she did what most people do, took pain medication. today's study argues, not so fast. of 272 patients with neck pain. one group got medication. another exercise.

a third visits to a chiropractor. after 12 weeks, only 13% of those taking pills reported no more pain. twice as many who exercised or used chiropractor were pain free. like charlene, you may want to put down the pill bottle and check out the alternatives. i am often skeptical about approaches that haven't been tested. this makes me more comfortable about exercise unlike chiropractors is free. dr. richard besser, abc news, new york. >> you have a home remedy, something you do. >> i've been to therapists and chiropractors. stand with your back against the wall. gently raise your arms up and down. 20 times. >> helps your neck. >> the stiffness in your neck. i have chronic neck pain after an accident. 15 years ago. >> no kidding? >> just ordered a new pillow. slept on it last night. didn't help. >> on this shift, you'll hit the