>> your realtime captioner is mrs. linda m. macdonald in a split moment a bay area family's life is altered when a father is attacked outside his home. good afternoon, i'm michelle griego. >> hi, everyone. i'm frank mallicoat. some new details now on that beating, possibly at the hands of teenagers. this pleasanton father of two

lying in a coma this afternoon and now david lamont's wife wants to know who put him in the hospital. police are investigating, interviewing neighbors and witnesses. sue kwon on what led to the attack. >> reporter: midnight saturday david lamont went outside his home on middleton place to check on a group of teens making noise. police say he had an argument with the group. >> during the confrontation, an altercation ensued. we don't know exactly what occurred except for the injuries sustained to the victim. according to witnesses, a dark colored suv was seen leaving the area. >> reporter: minutes later, david's wife agnes found her husband lying on the street unconscious and bleeding. wind chills information has police now talk -- witness information has police now talking to several local teenagers. >> i will say that the persons of interest do attend both of our local high schools. >> reporter: police have made no arrests. david lamont has two teenaged daughters. whether or not they were classmates of any of the people

being questioned is unknown. meanwhile, their father is in a coma in critical condition at eden medical center. in pleasanton, sue kwon, kpix 5. >> police are now looking for more neighbors to step forward. they want to talk to anyone who may have seen cars or people in the area around midnight on saturday. breaking news in kenya. the bloody siege at a mall in nairobi is over. the country's president says security forces have defeated a somali militant group. alfonso van marsh brings us an update from a still very chaotic scene. >> reporter: kenya's president says his forces have defeated the terrorists who attacked nairobi's largest shopping mall killing more than 60 people. >> they want to destroy the essential character of our society. they failed. kenya endured. kenya endures. >> reporter: he says 11 militants are in custody and five attackers are dead. this grainy security camera photo shows two of the gunmen

who launched the attack on the westgate mall. kenyan authorities say at least six kenyan soldiers died on the fourth day of the siege. al-shabab militants claim responsibility calling it revenge for kenyan attacks on their group in neighboring somalia. >> we don't say europeans and americans because we're not weak and we're saying to them you should tell the kenyans to stop their aggression if you want to be safe. >> reporter: hose who escaped the mall massacre said at least one of the militants was a militant of those who escaped. attackers are not only somali. >> from information that we have, two or three americans. >> reporter: u.s. officials did not confirm the claims. the dead come from at least a dozen countries, including england, france and canada. kenyan authorities warn there will be more bodies. alfonso van marsh, cbs news. >> in his televised address the president said three floors of the mall collapsed and bodies are trapped in the rubble. he declared three days of national mourning.

this image of a young boy walking away from the mall with his mother and sister is turning into an image of heroism. the this 4-year-old boy stood up to one of the terrorists and saved his family. a family member tells a british newspaper that before the escape, elliott prior told an attacker he was, quote, a very bad man. the gunman then said please forgive me. we are not monsters and gave him a candy before letting him go. the bay area watch now on this tuesday, dozens of cars with flat tires tied up traffic this morning. this is in oakland. debris on the road caused those flat tires on highway 880. lots of tow trucks called in to get the cars on the freeway. 19 vehicles were affected. oakland's public works committee is set to consider an ordinance today to keep blight off city streets. the ordinance will make illegal dumping a misdemeanor instead of an infraction. fines for dumping will also be increased. illegal dumping of mattresses, large pieces of furniture and other trash reportedly cost the city half a million dollars a year. iconic san jose "mercury

news" building seen from highway 880 is about to be sold. super microcomputer is expected to announce the purchase later today. no word on how much the maker of the computer mother boards paid. the "mercury news" has reportedly been looking for a new home. the building went on sale last april. oakland police are checking to see if the same group of teenagers is behind the shooting and then a car crash that killed a man last night. the incident added new incentive to impose a curfew in that city. kpix 5 reporter cate caugiran now with all the details. >> reporter: a violent night in oakland started about 10:20 monday night at this home near 82nd and rugsdale. police say the house was targeted. officers were nearby and heard the gunshots then heard a car speeding away. that car then crashed less than two miles away near the taco bell at church and bancroft. it rolled and collided with another car killing the 75-year-

old man inside. the two suspects are 17-year- old boys. oakland police say it's disturbing how young they are. >> the juvenile system is really set up to try to intervene and figure out, you know, what it is that these kids need and hopefully we can figure that out and find out exactly, you know, what is putting them at risk for this type of behavior. >> reporter: this comes two days before an oakland city councilman is expected to propose a youth curfew. the purpose is to cut down on crime. the proposal would prohibit people younger than 18 from being out in public areas after 10 p.m. >> with our staffing issues and our staffing concerns at this point, that may be difficult to enforce. we definitely want to remain open-minded and do the research that needs to be done in order to look at whether or not that would be effective. >> reporter: the sergeant says the department would need to narrow down when and what types of crimes youth commonly commit and see how a curfew would help. the investigation into last night's shooting is ongoing. police say it's still too soon

to call this gang-related. as we were following this story this morning, we heard reports, shotspotter technology detected that shots were fired in the same neighborhood as last night's shooting. in oakland, cate caugiran, kpix 5. >> and the suspects in that deadly collision are not being publicly identified because they are minors. oakland police are also investigating a gruesome discovery. someone found a man's body in the street about 11:00 last night. the person flagged down a chp officer in the 2400 block of 89th avenue. police say the man had been shot in the head. right now they have no suspects. time is running out for bart and its unions. here's what's happening at the bargaining table today. the bart board, which originally offered no raises is now offering a 10% raise over four years. the transit system which was hoping to save $140 million is now looking to spend $34 million. >> i hope that the other side was going to be reasonable that if we made leaps, they would make leaps, as well.

it's proven not to be true. >> they started way below where they should have in april. they started at minus 12%. you know? net. so if you look at that, they had a long way to go. so the movement they made where they're at now, they should have been months ago. >> the unions are not budging. they are still asking for a 21% raise over the next four years which will cost bart around $86 million. the two sides are expected to resume talks this week. still ahead at noon, a new wave of crime. criminals are targeting lost pets instead of turning them in. they are flipping pets now for a price. how to protect yours from being next. >> there's a new law that every california driver now has to follow and it won't always be easy to do. >> hi, i'm meteorologist lawrence karnow in the kpix 5 weather center. well, a cold front making its way through town and the winds starting to whip up around the bay area. we'll talk about it coming up. ,,,,,,,,,,,,,,,,

fire in southern california. about 200 acres have burned. since the fire started arou six ock last night... right now, hundreds of firefighters are battling a brush fire in southern california. about 200 acres have burned since the fire started around 6:00 last night near azusa. three homes have been evacuated and 20 others are threatened. the fire is just 5% contained this afternoon. investigators are still trying to figure out how it started. we have a live look right now at the u.n. general assembly. it's the annual gathering of world lieders going on now in new york city. the general debate is going on and will continue for the day. there was a break about 90 minutes ago for the u.n. luncheon. president obama could be seen mingling with officials from all around the world. earlier in the morning, he spoke at the general assembly. the president said the u.n. security council must agree to a resolution on syria's

chemical weapons. that includes consequences for the regime if it doesn't dismantle its stockpile. >> if we cannot agree even on this, then it will show that the united nations is incapableof enforcing the most basic of international laws. >> the president opened the door to direct talks with iran's new government. the u.s. and its allies accuse iran of trying to build nuclear weapons. secretary of state john kerry will meet this week with iran's foreign minister. new road rules drivers must make room for bicyclists. the brand-new state law requires cars to give cyclists at least three feet of space when passing on a state roadway. if a driver doesn't have the room, he must slow down. some cyclists kpix 5 spoke to think the law is a good move but aren't sure if drivers will follow it. >> i think it's great. i have been riding and racing for many years and it's pretty bad when they ride up on you. >> it's not bad on a wide road

but the narrow roads, you are lucky if they give you three inches, nevermind three feet. >> if you're caught breaking the law, it's a $35 fine. if a driver causes a crash, they could be fined more than $200. lawrence said a cold front was coming into the bay area. and you were right. >> yeah. [ laughter ] >> it's moving through now. it looks like as it's going on by the winds are kicking up so a little blustery toward the coastline into the afternoon. how about this? the yachts getting ready to go for the america's cup. they are going to try and get in a race here. we are going to see if it happens or not. but yeah, the winds are really starting to pick up now, should be howling this afternoon. 65 in san francisco right now and breezy and 71 degrees in san francisco. you can see those winds now beginning to pick up between about 10 and 20 miles per hour. just over that sfo at 22 miles per hour, some of that to 13 in san francisco breezy all around the bay area today. and likely to get windier in

the latter part of the afternoon. so yeah, a little windy toward the coastline at times breezy inside the bay lots of sunshine though. tonight should be mostly clear but a bit windy. and then below average temperatures for now and probably the next couple of days before high pressure starts to build in. that cold front diving into the bay area ushering in a few high clouds across our skies but some cooler air en route toward the bay area as well and those winds will be picking up throughout the afternoon. so with that in mind, yeah, here we go. the winds picking up especially near the coastline through some of the mountain gaps. some of those winds over 30 miles per hour so going to see a pretty good sea breeze in the latter part of the day. speaking of the america's cup, sunny and windy out there at times increasing 15 to 25 knots. but our special america's cup expert billy poone says he thinks they will get that first race in. the qualifying there is to about 24 knots. after that, they could run into trouble with that second race. all right. temperature-wise you're looking at 60s and 70s around the bay area. and then looks like the next couple of days we are going to

cool down those temperatures and then start to warm up just a little bit on thursday and friday. and this next weekend, guys, looks gorgeous! back into the 80s for saturday and sunday. >> billy poone, what does he know? >> he is buying you lunch for a week. >> he is our weather producer, we have to say. thank you. a light moment at the opening panel of bill clinton's annual clint global initiative meetings. the chair on the left was due to be finished by bill clinton but bono practiced his clinton impression. >> actually i thought it was a member of his own road crew. wasn't really dress the right. actually i felt like the rock star on that occasion. >> he's not bad. >> great! >> clinton didn't appear immediately when he was introduced. he left his notes back stage. bono took over.

>> and then he did a u-2 imitation. fighting back against bad customer service. a bay area couple didn't take no for an answer when a company messed up their order. what they did to be heard coming our way. >> a good way sleep does wonders for your body and now getting shut eye may help you face your fears. >> stock market flat this afternoon. the dow is down but just a few points down. we'll be right back. ,,,,,,,,,,,,,,,,,,,,

them to owners. they get their hands on ani by finding missing p criminals known as pet flippers are turning a profit by selling lost pets rather than returning them back to their owners. they get their hands on animals by finding missing pets, answering ads as if they are the owners or even stealing pets from owners' yards. dogs are the most often flipped pets. purebreds can cost hundreds. owners are not advised to leave their pets unattended now and to call the police if they see their pets sold by someone else on craigslist. if you are banking on getting a seasonal job, act quickly. retailers are expected to hire fewer seasonal workers for the holidays coming up. most of the seasonal hiring is expected to be done next month. the employment consulting firm challenger, grey and christmas expects about 700,000 temporary hires across the country, about 50,000 fewer than last year. christmas 92 shopping days away. >> get on it. it was the right product

just in the wrong color. but as a bay area couple found, getting it fixed wasn't so easy. on the consumerwatch, julie watts shows us how customers can fight back. >> reporter: the couple was happy when their new console was delivered but not so thrilled when they opened the box. >> we says right way, oh, my gosh, this is the wrong one. >> reporter: instead of the oak cabinet they got one with a light stain. >> my furniture is light it doesn't match. >> reporter: so they contacted cymax the online company that sold them the console and got various responses. first they offered a $50 refund if they would keep it. then it offered to take it back if the couple would pay shipping and restocking fee. finally, cymax sent a letter suggesting they simply sell the cabinet on their own. >> sell it on your own! to get your money back. >> i'm going to --

>> most customers don't know to escalate. >> reporter: this retail advisor says unhappy customers shouldn't take bad customer service lying down. she says if a service representative can't or won't help, first go up the food chain and ask to speak to a manager on supervisor. >> the higher and higher levels have more power to do more things for you. >> reporter: if that doesn't work, reach out to the president of the company. >> google the name of the company and corporate headquarters. >> reporter: liz also recommends using social media. >> tweet out that you're having a problem. most good companies are actually reviewing their tweets on a daily basis. >> reporter: as for the couple, they bypassed twitter and went straight to consumerwatch. >> they did what i expected. >> reporter: we got in touch with the head of customer service at cymax and told us there was a misunderstanding and they should have escalated to a supervisor. they have now issued a refund. and remember in you have a consumer problem call us, 888-5- helps-u. on the consumerwatch, julie watts, kpix 5. may sound simple but

researchers say it is possible to sleep away your fears overnight. here's how it works. scientists at northwestern university say they can lower levels of fear by using odors to trigger and turn frightening memories into harmless ones while you're sleeping. the longer subjects slept the more they were exposed to the scent, they were less afraid when they woke up. how about that? >> all right. well, locale ris and french fries, the two don't always go together but at burger king juke it your way. -- you can have it your way. ,,,,,,,,,,,,,,,,,,

starting what's green, leafy and tastes like broccoli but isn't broccoli? fresh grocer tony tantillo is about to show us. >> reporter: well, today's tip of the day is going to be is going to be with broccolini. broccolini's real name is aspiration vegetable. i like broccolini. sounds so much better. it's a little combination between asparagus and broccoli. it's got some of the similarities of asparagus and like broccoli. but it's delicious, loaded with flavor and loaded with nutritional value. but you have to select and store them in the right way. when you buy them, where it's green has to be green free from yellowing. it has to be straight. if it's curved it's been stored for too long. when they are squeaky when you squeeze them, that means they are fresh. when you bring them home in the refrigerator right away. and only store them for two or

three days and that's it. broccolini. wonderful loaded with flavor. i'm tony tantillo, your fresh grocer. and always remember to eat fresh and stay healthy. ciao. from healthy to not so healthy food. starting today burger king is offering french fries without the side of guilt. this is a new crinkle cut french fry that clocks in at 270 calories. their regular fries have 350 calories. the world's number 2 hamburger restaurant says they are using a new batter that doesn't absorb as much oil and the new menu item is called "satisfries." >> "satisfries." >> like the name. wild pigs invade east bay neighborhoods. here's a segue. the nightly raids causing thousands of dollars in damage to people's lawns. we have that story and much more coming up tonight at 5:00. >> guys, we have an update on our america's cup forecast from our special america's cup expert billy poone. he is saying we have winds 19 to 22 knots out there right now. the limit is 24. so it's a big question whether they will get that first race in starting in about 45

minutes. those winds expected to gust to 25 knots this afternoon. >> what do you think? >> i'm thinking that first one they may just get it in but i don't think they will race the second time today. >> go, oracle. two more to tie and then they play for the cup after that. >> right. >> never ending. >> it goes on and on and on. >> all right. lawrence. thanks so much. and thank you. that's it for kpix 5 news at noon. >> enjoy your tuesday afternoon, folks. and we'll see you again tomorrow morning. beautiful day. captions by: caption colorado comments@captioncolorado.com ,,

>> hope: [ laughs ] it's just so hard for me to wrap my head around it! i mean, i-i had completely given up on steffy giving us the annulment. >> brooke: [ exhales ] what made her change her mind? >> liam: i don't know! i don't think it was any one thing in particular. i think she just realized it was pointless to keep us all hanging like that -- and that i want to marry this one as soon as humanly possible. speaking of which, you got any plans tonight? >> hope: tonight! uh, might be a little soon. >> liam: well, that is why god made vegas, man. >> hope: oh, that's true. elvis is the king. >> liam: uh-huh. well, you know what? i'm gonna leave the details up to the experts. just make this happen fast, because i need to call you my wife! [ chuckles ]