>> if good morning. i'm terry mcsweeney. the thinks are look looking for a suspect in the 15-year-old girl. suspect is 19-year-old minutery leon. he was involved in a relationship with the victim and is the father of their nine-month-old baby. the stabbing occurred on pacific avenue about 6:30 last night. the police found the girl with several stab wounds in her upper body. repeated attempts to revive her failed as she was pronounced

dead at the scene. >> the detectives are actively working the scene and we are trying to collect evidence, gather witnesses and find out who was at fault in this incident. >> henley leon is believed to be driving a dark blue dad lack escalate with black rims. anyone with information on where to find leon or the escalade is encouraged to call san leandro police. they beat him and called him a terrorist and now the south bay hate victim is sharing his story only with abc7. this happened back on november 21. the police released a sketch of one of the attackers. we have the victim's account of what happened. >> i just got in the car, and just backed out of my spot. >> he said he now lives in pain and fear. it's because after trip he made to the lucky store monday, november 21st. three men approached his car as he was leaving. >> they started hitting me and

started calling me a terrorist and spit on me, they poured alcohol on me. and then a third member came out of nowhere when it looked like i was going to try to defend myself. >> these are photos taken of him after the attack. he lost sixtieth, has a scared a jaw and two titanium plates in his face holding his jaw together. it was caused by this bottle of tequila that the attackers dropped into the bar after hitting him in the face. >> i believe if the bottle hadn't got stuck they would use it again or wouldn't stop until i was unconscious or perhaps dead. he said the parking lot was filled with prethanksgiving shoppers and no one came forward to help. >> i was five, ten feet away from the entrance after store. >> no one has come forward since the attack and that's why san jose police released this step sketch of one of the suspects. he's a 56to 5'9", 200 pounds.

they said the crime is being treated as hate crime. the police said they have exhausted all leads and are asking the public for help. he said he wants justice. he lost his job aft attack and his medical bills total some $20,000. he's having nightmares and said he's afraid to leave his home. >> i don't like going out in public because i feel vulnerable. i feel very unsafe. >> san jose police are asking for witnesses to come forward. anyone who was in the south white rose lucky's parking lot on about november 21st and saw the attack is asked to give them a call. abc7 news. >> a san jose state student is under arrest facing charges for entering dorm rooms and groping four young women. his name is michael escobar. here is reaction from students on campus. >> i have never seen him before.

>> never? >> no. >> do you know him? >> no, he doesn't look familiar. >> he's a student here. >> really? >> oh, that's creepy. >> they are getting a look at michael escobar, a 21-year-old, a fellow student who was arrested. >> i got a million calls today from a random number i didn't know and it woke me up again and i answer it had and it was an alert or something telling me there's like a man in here, and he like groped someone. >> four women in the building say they were groped while they slept. escobar doesn't live in the building but its easy to get in. just trail someone with a key card. once inside the building, it was easy pickings. the victims have left their doors unlocked so police went door door with a warning. >> they came in and said there was an intruder in our building and i should lock my doors and be safe. >> were your doors not locked. >> no, my doors weren't locked

actually. >> why not? >> sometimes you just forget to lock them in your roommate comes in later you kind of leave it unlocked for her just in case. >> i always look mine at night but if i'm hanging out this time of day, i feel like it should have it locked now because you never know. >> some of the students here are increasingly concerned about their safety. >> it's happened before, like someone got groped a while ago. so it kept happening and it kind of freaked me out. >> the university is doing what it can to ease fierce. >> the r. a. came to each door and said there would be officers on our floor from i think it was like from two to three and we can talk to them about the situation and kind of find out what happened and just to make sure we are all feeling comfortable to stay here now. >> the people i spoke with said they are relieved that somebody has been arrested for this, but i think it's kind of a lesson for them, realizing leaving their door unlocked is not okay.

abc7 news. >> that kind of problem is not just at san jose state. stanford police have also issued a crime alert. that came earlier this week after a student report add man tried to take a picture of her in the shower. it happened on campus in cruthers hall. she other incidents have occurred in the past two weeks. a request to regulate medical marijuana now faces opposition from mayor chuck reid. it comes in a voter referendum to repeal the law. he gathered a referendum that gathered 31,000 signatures and plus pending court decisions that might clarify state law for two reasons that the city should back away to just ten pot clubs. the council could consider it next month. california is sending layoff notices to more than 500 prison employees, including 140 guards.

they are losing their jobs as the state releases inmates to comply with overcrowding. california has two years to reduce its prison population by 33,000 inmates. california prison officials are using an old weapon could tackle a growing problem, police dogs like max you see here are trained in sniffing out drugs. now they are being used to sniff out cell phones that are being used to drive gang activity behind bars. anything from witness intimidation to drug deals to assaults. >> they are calling up bigger gang members at pelican bay, calling to the family members getting word to find out what they are supposed to be doing. >> last year almost 14,000 cell phones were confiscated from state prisons. officials say prison employees and guards are the most likely smugglers. a smartphone can be worth as much as $1,000. there are just 8 dogs like max

to cover 33 prisons. the u.s. army said the option of humane euthanasia was the best way to get rid of coats in dublin, yet, coyotes. over the past year there were growing complaints about the coyote population. they decided the risk to public safety was too great. >> we used a licensed hunter to come in. there were lots of options that we had, firearms, and the decision was made to use a bow and arrow. >> two coyotes were killed. the army believes the problem was solved. animal rights group says this amounts to lethal control of coyotes. they said coyote populations can increase in response to lethal control. they believe maintains populations is the best approach. >> coming up, the jobs.

the executive that gave up a career in high-tech for a new career in construction. and new information about the sa

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>> career transitions are not unusual, especially in this economy. but it is rare to see someone give up a seat in the boardroom for a hard hat. here's abc7s business and technology reporter david louie with a story of one executive who made that switch. for much of her professional life, gina as worked as some of the best known tech companies. then this happen. a garage fire that started next door spread to her house in 2001, prompting a career change. along, simmering dream to become a real life hard hat barbie, had her donning work boots as she put in five years learning construction. it was a dramatic career switch from high-tech to contracting. >> i dreamed of it but it took a while to get the courage to trial get out smear do it. all in all, it is a dream come true.

>> sense she hasser to contractors license and a business partner. they specialize a renovation projects. >> it needs to be a kitchen that accommodates catering services on a regular basis. >> their partnership is rare but a resonates with clients where women often make key decision instead of men. >> they may be regular the checks but the women are actually calling the shots. >> the two guide their responsibilities. >> what i have been able to do is bring in some deep analysis and planning and cost estimation and running an operation profitablably, where mike brings in the skill being able to manage the trades, understanding the building codes. >> when they remodeled this master bedroom suite, she recognized what she brought to the project. >> i could see where her background melded in and it it s a nice discussion about designs

and they were more realistic. >> a career switch isn't easy, but once accomplished it can be rewarding. it helps to have a little fire in the building to overcome the fear in the change of careers, but in her case a fire at her house was the big catalyst. in san francisco, david louie, abc7 news. there is a strike this morning aboard a cruz ship docked in san francisco. some 60 waiters walked off their jobs on the kosta dela. >> sue this company because they taking lots of money to us, that belongs to us. not only for the solidarity, even the food they are giving to us is food for a big or dog. >> we called the ship's owner, costa north america. it said they are trying to resolve issue. it's owned by the same company

that own the costa concordia that sunk off the italian coast. >> pg&e will have to pay a fine. yesterday they were slapped with a $16.8 million guy on pg&e because of their failure to conduct pipeline leaks and surveys. they self reported that last year. and they received a statement to extreme a penalty this extreme for being open, transparent and accountable is disappointing. trace amounts of an unapproved chemical, a pesticide, has been found in orange juice imported from overseas. the tainted juice can end up mixed with american juice. they have stopped 11 shipments from entering the us market after test for a fungicide. five came from brazil and six from canadian plants.

the scare came two weeks ago when it was found in their own sampling. >> it was wasn't an isolated incident, not just one shipment. >> the us food administration said orange juice already here is safe to drink. levels are too low to be a health hazard. it's just matter of time, face peak is expected to file papers for their initial public offering as early as next week. that's according to the wall street journal. they are look for a price between 38 and $40 a share. the ipo is expected to raise as much as $10 billion. meteorologist lisa joins us now. i know you are into the weather forecasting. could you get stock on the side for forecasting? >> no. >> what's the weather then. >> it's so much cold they are morning.

30 in santa rosa. as much as 19 degrees colder around the bay. 40 san francisco, 40 san jose as well. a chilly start but some 70s in the forecast today. how long is it going to last? i'll tell you next. >> also next the warriors get lit up. kevin durant and the oklahoma city thunder. larry beil has the highlights coming up in this morning's sports. [a can lulu have some beef pasta, too?

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can i have the definition? swapportunity: the opportunity to swap a higher calorie snack for a yoplait light. can you use it in a sentence? mmm. swapping a 300 calorie donut for this 110 calorie strawberry shortcake is a good swapportunity. that's not a real word. oh haha it's real. [ female announcer ] delicious, creamy, yoplait light. over 30 flavors each around 100 calories. do the swap today.

>> welcome back. we are looking at a live picture of the golden get bridge. we have some chilly temperatures this morning as lisa mentioned a moment ago. there was ice on went shields in southern marin this morning. i can say that for a fact. >> really? >> yeah. >> more will be forming because we get the coldest temperatures right before sunrise. >> i'm out there in the morning and it really does get so cold right before dawn. >> you are not out there this morning so lucky you. >> yeah. >> good morning, everybody. we are starting out with the low 30s right now. plenty of time for the numbers to continue to drop. boy, going in the other direction again today with above normal highs. 7:17 is the official sunrise. we will be looking at a light northeast win today. sutro camera -- no, emeryville. looked like emeryville or sutro

or any of those cameras in the dark. 31 and 35 delta. good morning, san francisco. 46 for you. 51 half moon day and 40 santa rosa. how much colder? as much as five degrees in san francisco this morning compared to yesterday. but take a look at hayward, 12 degrees colder, and 17 degrees colder by the delta. you get the idea with the calm wind, the clear sky, nothing toens late us and we are really frosty this morning. we will be in the next couple hours. we will see lots of sunshine today with temperatures once again about ten degrees above the average. a chance of shower comes in tomorrow night. it's not a big chance. in fact, you may miss it. it's going to happen through the overnight hours, ifpy see anything at all, a couple drops here and there. high pressure building into the east of us. what that has done, it's brought

the strong clockwise flow around the high and that's allowing the numbers to climb. in fact yesterday we saw 70s in napa, sonoma. and big sur today 70. 78 in los angeles with upper 40s in the northern sierra. 52 in the southern sierra, 55 in sacramento. we do have some subtle changes in store for sunday. this will bring a slight on shore flow. the temperatures once again will be in the 60s by late day. we pick up the breeze and the weak front will try to head our way. here's the timing on that. overnight on sunday notice we are cloudy. here's the rain to the north and west of us. here we are about midnight. as we go to the early monday morning hours you notice skies clear by about 8:00. maybe a few areas of light mist or drizzle or a few sprinkles and then once again into sunny conditions. today 64 san francisco. average high 58. also should be 58 in santa rosa.

67 today. san jose 67. inland 55 in livermore. here's more 70s. 72 in salinas. overnight tonight we will be clear but the winds will shift late in the day tomorrow. that will bring in more clouds, a slight chance of showers, but notice after that weak system the numbers come right back up again. mid-and upper 60s with a strong religion of high pressure. so no storms on the horizon. >> as you say so many teams, we need them. >> boy, do we need them. we need like a ton of them. not just one or two. we need solid rain here for a while to even become near average. >> all right. >> lisa, thanks a lot. in sports tonight michelle kwan will be induct into the u.s. figurer skating hall of fame during the national championships being held this weekend at hp pavilion in san jose. last night the warriors did not turn in a hall of fame performance against the oklahoma city thunder.

here's larry beil with the highlights in sports. >> good morning. the warriors welcome the best team in the nba to oracle arena last night. golden state has beaten good teams, miami and chicago, but they couldn't handle the thunder. golden state celebrating the chinese new year. >> nate robinson from midcourt and the bank is open for nate. and monta ellis, he's not scoring lately. spin aorama and third water kevin durant baseline with authority! no way to stop him. long and lanky. check out his move here, reggie jackson? no, that's not him, reggie. did the splits there. third quarter, curry. no. durant. 37 for durant with 14 boards. thunder win 121-09. warriors 6-12. and the heat, wade back after missing six games with an ankle injury. he starts it off with the other

to lebron one-handed. still in in the first. this is ridiculous on landry fields. that was posterization. and wade testing out the ankle feeding lebron for the tomahawk. james and wade, who had 28. heat victorious. and gut wrenchping, this was a marathon in the semis of the aussie open instant classic. djokovic trying to win his third straight grand slam title. murray in the second coming on. crosscourt winner. murray wins the second. to the third, it's a war of attrition now. murray, the everhead slam, djokovic limping, trying to catch his breath. both guys were ailing. djokovic retaking control. both guys were cramping up. final set, djokovic using every ounce of energy.

the winner," pumped up. murray on the run. can't get there, 4 hours 50 minutes of tennis. djokovic wins 7-5 in the fifth. he will meet rafael nadel in the finals. tonight a much different noise will ring through the black hole at the diamond. that is just a taste of what's to come in the super cross world championships. the off-road motorcycle competition getting started tonight. expected to draw more than 50,000 fans. sense tuesday crews have been converting the coliseum into a fully loaded racetrack that competitors say will create an atmosphere of unlike any other. >> chanting and hollering and everybody having a great time. it should be a good weekend. the weather is going to be awesome. >> the track looks really good. it should be good. i mean, a very exciting night. i don't think any type of sport gets close to this excitement.

definitely come out. >> if you have been to motocross, it is loud and it is fun. c.c. sabathia is a star for the new york yankees but he has not forgotten where he grew up and was back in vallejo yesterday afternoon. his charity organization helped rebuild the baseball stadium at his alma mater, the high school. and it was renamed. thanks to sabathia the kids will enjoy new field, scoreboard, concession stand, everything. he was asked how does it feel to come home as a yankee? >> it was a little weird, being in the coliseum i watched so many raider game and a little part of me is a fan going to some of the games, a's games as a kid. it's cool to be a part of it. >> great to see c. c. giving back to his community. that's a wrap on morning sports. mike shumann will be here with all your highlights at five, six, and eleven. have a great weekend, everybody. i'm larry beil.

>> coming up next at 5:30, oakland police gear up for another demonstration. how members say it will be different than recent pro protests. also a war veteran whose bravery earned him two medals but there

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mom, we're dying. no you're not, you're just hungry. make some totino's pizza rolls. we don't have any! front... left, totino's. [ male announcer ] well done mom! less drama, more fun! totino's pizza rolls. >> good morning, i'm terry mcsweeney sweeney. president obama's weekly address is calling for americans to calm their representatives in congress. he took his message to many states this week. the president said he met people who still believe in america, but are skeptical that progress can be made in washington. he wants lawmakers to send him a bill to limit the influence of money in politics. >> telling your member of congress that it's time to end the gridlock and start tackling the issues that really matter. an economy built on american

manufacturing, american energy, american skills and education and a return to american values. an economy built to last. he also says he wants a bill to end political game playing when it comes to congress approving presidential nominees by requiring a simple yes or no vote within 90 days. this morning occupy oakland is getting ready for its latest weekend of action and this one promises to be different than the rest. occupy oakland is calling today move-in day where they say they will occupy a building and hold it as long as they can. the move-in is scheduled between two and five this afternoon at an undisclosed location. the occupiers say they then plan to defend the building by actively resisting police in the surrounding streets. oakland is trying to decide if it should use the redevelopment money to ease the pain of the people they are laying off. 81 people are going to louse their jobs.

they are decide to go use $75 million on the funds to retain them for an extra two, weeks. >> it doesn't mean they won't get laid off, it means they will get proper notice and decent interval and there will be time for a more orderly hand off for the work they are doing to the folks that are staying. >> a final decision on that is expected next week. an effort to derail the sonoma-miran smart transit or smart rail project has failed to gather enough signatures to repeal the ballot. they turned in over 5,000 signatures. the number of signatures turned into marin county officials won't be known until monday. the group estimated they collected at least 15,000 signature but they need at least 15,000 valid signatures to qualify. smart officials say they need at least 39,000 signatures to qualify. either way the voters are not likely to get a chance to repeal

the quarter cent sales tax increase that turns out to only partially fund the project. >> a unique honor for a bay area man. today he's receiving an honorary promotion 60 years after his medical retirement from the marine corps. we explain why his life-long service just now is being fully recognized. >> denny knew at age 5 he wanted to be a marine. today at 81 he remembers that moment he saw the marine corps color guard marching in a parade. >> it went by and i looked up at my mom, i said that's what i'm going to be. >> at age 19 he put on the uniform and dreamed of a military career. his official service was cut short in 1953. he lost his leg in combat during the korean war rescuing a wounded marine during a firefight. >> i put him on my back in a fireman's carry and started down

the hill. a motar shell blow us up. >> it earned him a cross. >> he's hero. in so many ways it's impossible to describe them all. >> it he not been entered he would have been promoted to gunnery sergeant and now a promotion will do just that. the ceremony is due in part to his extraordinary service in korea and perhaps more so to his legendary service at home as a volunteer instructor. >> 17 straight years not getting paid. he's teaching tactics, paw trolling, different combat techniques. >> it was my honor and privilege to do that, and it took away from me, a lot of the sigma or the hurt of having to retire at the age of 23. >> this dedicated marine also served three terms as mayor of

milpitas and has been married to the same woman for 63 years. she will be by his side when he accepts his honorary promotion. >> i'm absolutely overwhelmed. i know they are going to ask me to save a few words and i'm going to try to hold it together while i do it. but it is just exciting. the rank of gunnery sergeant, well-earned and long overdue. in milpitas, corina rusk, abc7 news. >> lisa is so busy tweeting show barely has time to come over and -- >> what is did you want? >>. [laughter] >> sorry. >> i like you on facebook. i appreciate your tweets. >> thank you. >> what's going on with the weather? >> i'm glad you asked. i was right in the middle of a great map i was posting here. we have a cold start but a warm finish. i'll fill in the details next. >> also ahead, an east bay rescue crew with a life and death mission.

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>> 5:37 is the time this saturday morning. we have a live picture. we have the bay bridge. what really catches your eye there is the new tower. as was mentioned by the director, it looks like a christmas tree. kind of looks like a lit-up sailboat, too. hopefully it won't sail. a beautiful shot of the bay this morning. >> a busy highway in yosemite is set to reopen this morning. it's been a week since boulders

crashed down on part of highway 120. crews have been work to go clear the road. it is in the park used by visitors entering from the north. and it will have to be closed again to be paved sometime next week. this year's chinese new year's festivities, the san francisco zoo have a special guest, a real life dragon. that's fully. he's a bearded dragon from australia. sigh the beard there. he was donated to the school last year and as luck has it he's now the main attraction for the lunar celebration. this is the year of the dragon. while he doesn't breathe scary, they can look scary. >> if they feel threatened they will puff out this whole area of their neck and all these spikes about be bigger and scarier than they actually are. >> the san francisco zoo will celebrate the holiday tomorrow with clean niece acrobats and other ac tests. and anyone born on the year of the dragon can get in for free.

let's check on the chinese calendar to see what year i was born on. i was born in the year of the snake. a tiger would be great, but i got the snake. >> he's kind of cute, actually. >> you like that? >> yeah, he's kind of cute. >> and the facial hair. >> if that's what you call it. we are talking about the colder start and warm finish once again. 71 at the napa airport yesterday. 63 half moon bay. we are starting out with the light winds and the clear sky. you see how nice and clear it is from our sutro camera. we will look for another beautiful day out there. a few more clouds head our way tomorrow and a wind shift to really change part of your weekend. i'll tell you about it come up. but to begin we are looking at the same temperatures almost that we saw yesterday in the afternoon. but right now, boy, 31 degrees in napa, 30 santa rosa, 32 livermore, down to 36 in

concord, 40 san jose. on the peninsula 38 redwood city. half moon bay you are a little colder this morning but everyone is a lot colder with 11 to 12 degrees of cooling from yesterday morning. hayward and redwood city. so we started out kind of muggy, and we finished with temperatures once again as much as 10 degrees above the average. today with the dry conditions, we lose all of that heat really quick with that dryer air not holding on to any of the moisture. so none of it in the air. the dewpoints are a lot lower. starting out much colder. more sunshine once again today and a chance of showers. we will call it maybe sprinkles as you head into monday morning. late tomorrow night we will see the clouds increase but in the afternoon we will see some high and mid-level clouds. today we are looking at high pressure once again to the east and west of us. it's this area of high pressure with the clockwise flow around us bringing us once again the dry, offshore flow.

northeasterly winds again blowing off the fog from the shoreline and allowing for the down-sloping winds to warm us up quickly. 70 at our coast today. january along the central coast, 78. los angeles and, boy, this has been the norm with mid-60s in the central valleys. low 60s in the southern sierra, and a lot of sunshine all around the state today. now tomorrow we will look for this front to edge a little bit closer. all it's really going to do is allow our winds to come off the water tomorrow. so that on shore flow and a few high to mid-level clouds will bring the temperatures down a couple of degrees. with the clouds increasing late in the afternoon, overnight will be cloudy. so we will be milder sunday night. monday morning, here we go, maybe a few light showers around the bay but then we will see more sunshine in the afternoon. today 66 in oakland. upper 60s palo alto. in san jose and 65 livermore.

here's the accuweather seven-day forecast today. a few degrees warmer than tomorrow. a few more clouds and a slight chance of showers. we wish it was more. then high pressure builds in stronger tuesday, wednesday, thursday, back up into the above-normal range again, upper 60s. >> we need rain. it doesn't seem to be much in the forecast. i guess all we can really do is enjoy the sunshine. >> kind of feel guilty. >> all right. thanks a lot. >> budget constraints are especially tough on public agencies right now. police and fire departments across the state are coping with layoffs and cutbacks and volunteers who help the search and rescue are now having to spend their own money to do it. abc7s aaron thomas has this morning's assignment 7 report from alameda county. >> alameda county search and rescue chief ron and the captain know what it's like to spend long days and sleepless nights outside with the search dog as your closest companion while you are looking for a missing

person. >> i think in the end it's mostly people with a common good where they want to help the community provide a service, give something back. >> like the search for this person, who was five years old when he went missing in oakland's rock ridge neighborhood two years ago. it's a high profile case that has yet to be resolved. and there are the others. >> a lot of things that go on that never hit the news. we go out and find people and nobody ever hears about it and so forth and so on because that's what we do. >> alameda county's search and rescue team works out of the sheriff's department but the 70 members are all volunteer. that means a commitment of time and a considerable amount of money. >> to stand up an average search and rescue member today it's probably close to a thousand dollars in basic gear. >> and much more than that for people who need specialized equipment like scuba divers or dog handlers. >> there are fun ways to spend money and ways that are not so

much fun. dogs are your partner, so that kind of money doesn't bother me. >> but she's been doing it for 20 years now. volunteers who want to start dog handling can now expect to spend $1,500.00 to $2,000 a year. for the volunteer that's been laid off or had hours cut back in work, that amount of money can be the difference between having a roof over your head or not. that's why it's easy to find people who want to volunteer but finding people who can is another story. >> economic times being what they are, it's even more of a challenge because of the costs and so forth. and the fact that people, you know, they don't have the free time that they have available from their jobs and their home lives to be able to commit. >> there are no hard numbers available on people who want to become search and rescue volunteers but can't because of the economy. and if finances are shrinking the pool of prospective volunteers, they are not having that affect on the caseload. in san francisco, eric thomas,

abc7 news. don't go away. 7 on your side is next. >> a contractor charges big money up front. but where is the work? i'm michael finney. 7 on your side is coming up.

>> looking out. a live picture. a beautiful morning, a cold morning if you are going out there. temperatures dropping for the next hour or so. if you are going out now check it. you might have to change your wardrobe before you step out the door. an east bay contractor is under investigation for failing to deliver on a promise. the company was supposed to install some new windows but never even got the job started. abc7s michael finney is here with your 7 on your side investigation. >>. >> her house still has the same drafty windows. a problem for her husband, tom,

who is battling cancer. >> he's a little more sensitive to cold than he used to be. >> so the couple hired this company in oakland to put in knew double pane windows. contract calls for installing ten of them for $8,900. the only concern they demanded a big deposit, 50% up front. >> i thought if they come in a reasonable amount of time i can turn lose that kind of money. >> she did. she put now $4,495 back in june. when it came time to install the windows in october, they did not show up. >> i'm sorry to inform you but my installer is sick. >> the company cancelled and promise add new day. that didn't happen either. >> i started calling them and asking them do you have me on your calendar yet? >> no, she was not on the calendar. so the o'toole's drove to the company offices only to find this abandoned site. >> a high fence and a lot of barbed wire. >> we were over there knocking

on the door and ringing the bell. >> finally she received an e-mail. the owner said he was laying off employees. no telling when the couple would finally get their windows. >> he told me i need to come clean with you now and we have to release most of our workers. >> i was mad." >> warning consumers they should be aware the contractor had problems and we are investigating them and they should be concerned and careful if they are going to consider hiring him nor any other jobs. >> rick of the contractor's state license board says a regulate story agency is investigating complaints from five other consumers who hired the company and didn't get their windows. >> these are cases folks paid 50% of their contract price up front and then not received anything in return. >> it's illegal in california for a contractor to require a 50% deposit for a job worth more than $500. by law they can only charge 10% up front or $5,000, whichever is less. >> what we found in our investigation is thereof ban number of cases the contractor

has admitted to requiring more than 10% or $1,000 as a down payment. he has been warned of this before. >> the windows owner told 7 on your side he would not provide any response for this report. however, in an e-mail to the woman he said i'm prepared to refund you the entire amount of your deposit. i'm truly embarrassed about this. and apologize for the lack of our historically reputable service. that was back in october. >> never got anything. >> we've learned that while he was ramping down this business, he was start ago new one. he obtained another state contractor's license in december to operate se. fon construction. but they said he's still responsible to repay his old customer. >> just because he has a new license doesn't mean any problems he had with his old license can be washed away. first concern is trying to get the consumers back their money. >> if you get some results, even in increments, that's a whole lot better than nothing.

>> the company told us they have finally sent them a refund check. and the state license board tells us the company did refund deposits for three consumers who filed complaints and is trying to refund everyone. i'm michael finney, 7 on your side. >> and coming up next the man behind california native tom brady and how they are teaming up on a fight for survival. osos hey guys, breakfast!

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>> here are the winning numbers from last night's $12 million mega-millions drawing. the meganumber is 12. nobody picked all six numbers. tuesday's jackpot estimated at $15 million. san mateo native tom brady is arguably the most successful quarterback in the nfl. while he prepares for the super bowl, he's also trying to save the life of a man who taught him much of what he knows. here's abc's josh elliot. >> throwing, touchdown!

>> tom brady is a three time super bowl champion, a two-time most valuable player and by any measure one of the greatest quarterbacks in football history. >> pull the ball back to the right. >> all thanks in part to the efforts of his life long throwing coach, tom martinez. he o's him so much and in quickly failing health he needs so much himself. >> today we have a couple of celebrities, tommy brady. >> this is the martinez he first met. a northern california team seeking the expertise of martinez, then a local college coach. but he would become much more than mentor. >> the very first time when tommy got stage fright before the first game, tom martin knees went out and worked with him, and within two minutes had him fully confident again. >> the two also romain in near constant contact via text message angle and the results are well-known. all the triumph and accolades.

but it's the man brady has become that is martinez's greatest work and now hope. for several years martinez was diagnosed with diabetes, one of the host of maladies threatening his life. without a kidney transplant his doctors now give him any more than a few months to live. >> my body in the last four years has been brutalized. i probably had seven operations. i probably get stuck with a needle 25 times a week. i'm trying to stay alive. you know, i don't want to be immortal but i want to live a little longer. >> but martinez didn't teach tom brady to shrink from a challenge. so it was that brady took to facebook,, and media miew and old, in search of a donor that might help save the life to a

man that has meant so much. >> he's been a great friend of mine for a long time and taught me how to throw the football at a very young age. he's been looking for a kidney for quite a while. >> what do you say when people come fourth and try to -- after you hit that down spot, you know, where you feel like quitting, and everybody else is telling you, no, this isn't going to work. >> accuracy, that's the key. >> tom is, you know, not given up on his coach. i can't express in words my gratitude. >> anything. >> josh elliot reporting there. a youtube video of a 4-year-old niners van from vacaville heartbroken by last sunday's loss has received more than 256,000 hits so far. >> what's wrong? >> whining. >> you thought the niners would

be in the super bowl in maybe next year they will number the super bowl. i still love you, do you love me? whose got it better than us! >> nobody! >> wow. that's little johnny price. his dad recorded the video tuesday after coming home from work. caught the attention of 49ers ceo who tweet it had to his followers saying i couldn't have said it any better myself. he said they started rooting for the niners this season when they were watching the games together. coming up next at six, a 15-year-old girl murdered in the east bay. the latest on the search for the suspect. and hate crime you will hear from a local man singled out for his race, called a terrorist and attacked. ♪ 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?

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