terry mcsweeney is live in oakland with more. terry, the suspect had almost made it to mexico. >> almost. we are told he was within 15 feet of the border when he was arrested on saturday. as for fremont police officer todd young, he is listed in critical but stable condition and improving. officer young was shot friday in oakland while trying to arrest a man on a domestic violence warrant and that may meanship is the suspect. as you mentioned, a suspected gang member, arrested saturday approximately 15 feet from the mexico border. a blood drive in officer young's honor yet broad out a lot of supporters. >> i'm here because i come from a family where there was a police officer. my cousin was killed in 1996. and i just feel like i should pay it back. >> the man with him at the time of his arrest could be back in oakland as early as today to face charges. also under arrest is a woman who is considered an accomplice. she was arrested in union city on friday. barotos being held on a number of charges, including attempted murder. terry

abc 7's terry mcsweeney is live at san francisco city hall. and, terry, county clerks around the region are waiting for this. >> they are ready for it and there is a three-hour window between 9:00 and noon where judge walker rules whether same sex marriages should take place. last week judge walker made the ruling prop 8, the ban on same sex marriages, approved by voters here in california, he ruled it unconstitutional but placed a stay on the ruling and those who came to san francisco city hall for a marriage license were turned away. even if the judge lifts the stay this morning, that does not mean same sex weddings will take place today. >> i think judge walker is going to lift the stay but he's going to give the supporters of prop 8 a chance to go down to the 9th circuit court of appeal and appeal that order and possibly even go to the circuit justice anthony kennedy if they should locals the 9th circuit. >> now, if the judge lifts the ban and does not delay its implementation for a few days as expected, san francisco city assessor recorde

terry mcsweeney is live at the federal courthouse. terry? >> this decision has been months in the works. whatever the decision is going to be appealed to an appeals court and then eventually to be decided by the united states supreme court. a federal judge vaughan walker here in san francisco's going to be posting his decision between 1:00 and 3:00 this afternoon. this follows a january trial challenging proposition 8, finding marriage between a man and a woman. it was approved by california voters. closing arguments were a couple months ago. two same-sex couples challenged the decision of proposition 8 with renowned attorneys representing them. they say proposition 8 violates gays and lesbians' rights to equality under the u.s. constitution. prop 8 supporters say marriage has always been between a man and a woman. most expect a defeat for prop 8 but may not have an immediate impact. >> even if judge walker overturns prop 8, that does not mean that same sex couples can go down to city hall and start getting married tomorrow. it may in fact b

terry mcsweeney joins us live at sfo. you got an incredible look at the hole left in the engine. >> these are devastating pictures but there they were, 212 passengers and 19 crew members, 45 minutes out of sfo out over the pacific en route to sidney, australia when all of a sudden they heard a thud. take a look at the hole. these pictures are truly amazing. what was left behind after that thud. passengers said that thud was followed by a shower of sparks and some saying they saw flames inside the engine. one of four engines on this 747. all this again about 45 minutes after the jet had taken off bound for australia. that's about a 14-hour flight. passengers describe the in-flight fireworks display and passengers' reaction. >> could see just a shower of sparks and just speaking to the other passengers later, they said that there was a bit of flying or central flame. >> young man behind me saying all right! and i was wondering what they were talking about. just looked out the window because obviously the aisle of three, and

terry mcsweeney is live at oakland police headquarters. there was an emotional vigil last night for the victim, terry. >> people left the vigil praying for the soul of 13-year-old javan clark. they say this is where they draw the line of violence here in oakland. solving the case may not be easy. take a look at the vigil that took place at the exact same spot he was shot and killed, bancroft and 61st avenue. he was on his way to help a friends who had called to say he had run out of gas. the question is was he set up? relatives say he was and that he was robbed of the $2 he had on him by the gunman on foot. police are checking out those theories. we have to find out about the middle school track star after his death. >> javan was a cool kid. went to school. >> he ran track. in the sports festival he beat the teachers. >> in his death, a controversy erupts. now, hours before he was shot and killed, the oakland police union came out with a statistic that crime is up this july compared to last july. and the difference is 80 police officers we

terry mcsweeney, abc 7 news. >> terry, thanks a lot. authorities are questioning two men who flew from chicago to amsterdam after u.s. authorities found suspicious items in their checked lug began on a flight to dubai. sources tell abc news that the two men are charged in the netherlands with preparation for terrorist attack but officials in the netherlands haven't confirmed anything. the pair flew from chicago to amsterdam after packing mock bombs in their luggage. authorities found a cellphone taped to a pepto-bismol bottle and three cellphones taped together. officials found several watches taped together, a boxcutter and three large nif knifes. >> it seems it was some sort of test. you carry cutter and, an attempt to see if this will be picked up. >> after being discovered, the pair changed their flight plans and flew directly to amsterdam while their luggage went to washington d.c. the men live in michigan. investigators are searching their homes for more evidence. >> attempted murder charges expected to be filed against a gang mem

terry mcsweeney, abc 7 news. >> thank you. it's 5:32. a fight between the homeless in santa cruz and the city and county trying to prevent them from camping out. the homeless who have spent three weeks in front of the county courthouse made a big move overnight. theresa garcia is live at santa cruz city hall. theresa? >> they've been shifting to different locations in protest of the sleep ban. there was confusion first over city and county property but this is a city ban on sleeping. behind me you can see here they are at city hall and have some signs out there talking about their protests of the sleep ban. now, if you take a look at some of our video we caught within the last 45 minutes, santa cruz police officers cited one man sleeping by the fountain. enforcement of the city law banning sleeping in public places specifically from 11 p.m. to 8:30 in the morning. but the homeless are hoping to get it rescinded. the city has yet to come to the table with them to discuss solutions. >> what we need to establish is some sort of a safe zone.

terry mcsweeney, abc 7 news. >> thanks a lot. we're following breaking news from alaska where officials say former u.s. senator ted stevens may be among the people on board a small plane that crashed in a remote area yesterday. rescue crews still haven't been able to reach the area. the plane was spotted by a passing aircraft last night. a national spokesman say there were eight or nine people on board and possible fatalities. ted stevens was indicted by grand jury in 2008 on ethics violations before losing re-election. a 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 police say a group of teens had an altercation and began shooting. alan wong reports. >> the husband of murder victim shore left the king george hotel around 7:00 and flew back to share home in germany. >> deep in his heart he's crushed. after being with someone for all these years and they come to celebrate i believe it was the 25th silver anniversary. >> around 9

terry mcsweeney, abc 7 news. >> thanks a lot. oakland police investigating several shootings in their city overnight. at least three people were shot on 88th avenue and international boulevard around 11:00. a short time later there was a report of two shooting victims arriving at high land hospital in a private vehicle. no word if they were involved on the shooting on 88th avenue or if it was from a separate incident. >> in oakland three set to be rained on felony charges connected to the protest following the mehserle verdict. a judge ruled two weeks ago there was sufficient evidence to try two men and a woman on several charges including burglary. they spotted one of them with merchandise stolen from a store during rioting on july 8th. the other two are accused of setting a trash can on fire and entering another store through a broken window. it happened on the day former bart police officer johannes mehserle was found guilty of involuntary man slatter of passenger oscar grant. >> across california, gay couples hope they can ge

♪ >>> i'm terry mcsweeney live in san jose. could it be, could it be that firefighters have come up with a plan that could reopen a fire station and save 49 firefighters' jobs? well, we'll take a look in a live report. >> plus a san ramon man is accused of drunk driving following several crashes in danville. >> and lindsay lohan is out of jail but her sentence isn't over yet. where she is now. >> a live look from mount tam on the bay. covered in fog once again and misty this morning. we'll talk about how this translates into a cool start for your august. >> good morning. metering lights are not on yet but we are seeing delays at the bridge toll plaza. we'll have a complete traffic report coming up. >> good monday morning, everyone. it's monday, isn't it? >> sure is! >> almost 6:01. thanks for joining us. i'm eric thomas. >> i'm kristen sze. san jose officials don't seem optimistic that a proposal by firefighters will make a big dent, not enough for the city to rehire firefighters laid off last week. terry mcsweeney is live at t

abc 7's terry mcsweeney is live in san jose. and, terry, you can't help but wonder if the package will be too little too late? >> well, city officials who have seen it so far are not impressed. they say, number one, it's not really all that new. and, number two, it doesn't hit that magic number of $10 million in reductions and that's the number they want from firefighters. the announcement was made yesterday by firefighters down here in san jose announcing the plan. this after 49 firefighters were laid off last week. this plan they're calling new would allow for a two-tier retirement system for new hires thereby reducing benefits by 10%, increasing employee contribution and hiking the retirement age. this on top of the offered 5.4% pay cut. the city negotiator says it doesn't do enough. >> to me at this point given the enormity of our budget situation and the $118 million shortfall, it comes down to the numbers. >> there's one more thing here that might light a fire under city officials. that say new fire chief starts today. his

>>> i'm terry mcsweeney live at highland hospital in oakland. i'm going to have the latest on the fremont police officer shot here on friday. coming up in a live report. >> san jose's secret search for a new police chief from community groups. they're calling for the list of candidates to be made public. >> and the woman falls from a burning 8th floor apartment. san francisco police are calling her death suspicious. >> here's a live look from downtown san francisco. the cool weekend. we can still feel some of those temperatures this morning. warming trend in the forecast right before another cool weekend. >> good morning. we're following an injury crash in livermore involving a car that flipped over and knocked over 50 feet of guardrail. all the details coming up. >> good morning, everyone. it's a monday morning. just about 5:01 a.m.. we thank you for joining us. i'm eric thomas. >> i'm kristen sze. topping our news, the gunman accused of critically wounding a fremont police officer could be back in the bay area today to face charges. the suspec

terry mcsweeney, abc 7 news. >> terry thanks a lot. another unpleasant problem for peninsula residents this morning, a sudden garbage selector's strike has left some cities a stinking mess. the strike began yesterday and will last until tomorrow but your trash may not be picked up for days. amy hollyfield has more. >> brian burgess was surprised when he got home from work and found his garbage can was still full of garbage. >> i thought what's going on. it's unusual. atypical. my garbage is always picked up on wednesdays so i wondered what the heck. >> the strike is a big concern for restaurants. the owners of gango sushi are worried about the smell their food scraps will create the next couple days. >> i don't know what should i do. >> they have every right to be angry. the only thing we hope is they will understand that all this 12 employees want is a fair contract with fair conditions. >> the 12 employees who walked off the job work for allied waste injuries near the landfill at half moon bay. when they decided to strike hundreds of

live in oakland, terry mcsweeney, abc 7 news. >> terry, thanks a lot. the san carlos city council has approved cuts to more than a $3 million budget deficit by outsourcing police services. last night the council unanimously approved the $53 million budget. it approved phasing out the police department and phasing in a contract with the sheriff's office. it would save $1 million the first year and $2 million after that. >> authorities are working to identify a body that washed up on the beach in pacifica. it was baddy decomposed but believed to be that of a man with a full web suit with tanks. the body was found south off shelter grove road. the pacifica police department is currently investigating the death. the san mateo county coroner's office is conducting an autopsy to try to determine the cause of death. >> the san francisco district attorney's office has launched a criminal investigation into missing grant funds. a community partner of the district first alerted the school board, the san francisco school board to the missing money. the examiner's

>>> i'm terry mcsweeney live in oakland. a major antigang summit convenes in this city today. a who's who on law enforcement from washington will be here as two more people are gunned down on the streets of oakland overnight. the story in a live report. >> here's a live look from our roof cam. warm temperatures this morning. spare the air day. record highs yesterday. even more records today. hottest day of the year. show you what the heat advisory is, how long it will last and how it will be 30 degrees cooler by the weekend. >> a mechanical problem has shut down the vallejo ferry service this morning. all the details in a few minutes. >> great white sharks and stinging jelly fish one of the challenges as one man tries to swim across monterey. i'm theresa garcia live. >> he's the coolest guy in the area right now swimming in those waters. because it could be a hot one today. 6:01 this tuesday morning. i'm eric thomas. >> i'm kristen sze. our top story hours from now, oakland's top cop will convene a summit of law enforcement brainstorming a solution to deadly violence in oaklan

terry mcsweeney, abc 7 news. >> terry, thank you. the sponsors of california's gay marriage ban have asked an appeals court to stop a federal judge's order allowing same sex weddings to resume next week. court papers were filed last night with the 9th circuit appeals of san francisco. they are asking for the gay marriage ban to stay in place until the u.s. supreme court can have the final say. but that process could take years. u.s. district court judge vaughan walker ruled yesterday gay couples could begin marrying by 5 p.m. next wednesday. legal analyst dean johnson says the late challenge was expected. >> the only surprise here is it took as long as it did. i would have expected that the prop 8 lawyers would have had their associates with the papers ready to file as soon as judge walker's decision was announced. >> if same sex marriages are allowed to resume when the stay expires next wednesday at 5 p.m. the san francisco city clerk's office will extend its hours and stay open over the weekend. officials in contra costa and santa

live in unincorporated walnut creek, terry mcsweeney. >> it's 6:03. supervisors in contra costa and santa clara counties are moving forward now with a plan to require pitbulls to be spayed or neutered. this follows the fatal mauling of a two-year-old boy by three pitbulls last month in concord. supporters say something has to be done to control the populations of dangerous dogs but critics worry that any mandatory restrictions would be impossible to enforce. they want tougher laws for pet owners, not the pets themselves. >> the battle is growing between santa cruz county and the homeless camping out in front of the county courthouse. overnight protestors decided a new tactic to overturn a controversial camping ban. theresa garcia is live at santa cruz city hall, the new battlefront. theresa? >> it is the new battlefront indeed. this is where the group of homeless advocates have decided to take up their issue right where the top city officials report to work at city hall. in fact, you can see them right here. they say they're going to keep sleeping her

live at antioch, terry mcsweeney. >> u.c. berkley will modify a program after officials found it violated state law. a program called bring your genes to cal. about 5,000 incoming freshmen and students received saliva kits over the summer. the university promised individual results for genetic variants if they return the kits on a voluntary basis. >> the biggest concern is when people get genetic information, they often will misunderstand it. if someone gets a piece of information about their genes without a good chance to have it explained to them by an expert, they may misinterpret it in ways that hurt them. >> so far about 600 students have returned the kits. researchers plan to continue the dna tests but will only release the results as aggregate findings this fall, not individual ones. >> you can keep that appoint with the dmv today if you want to go. governor schwarzenegger says he'll appeal the ruling that end furlough fridays for 200,000 state employees. yesterday's decision suspends efforts to force workers to take d

that's just ahead on abc 7 news at 5:00. >> i'm terry mcsweeney. it has been an especially violent night and morning here in san francisco. two separate shootings, five people shot and one of those people is dead. the story's coming up in a live report. >> and a livermore mom accused of having sex with two teenager boys prepares for her first court appearance today. the charges she faces next.

♪ >>> i'm terry mcsweeney live in san francisco. two separate shootings near san francisco's nightclubs last night just as the city is considering cracking down on the troubled nightclubs. the story coming up in a live report. >> also this morning three dozen nursing homeworkers in oakland who walked picket lines to protest working conditions are told they're out of a job. >> here's a live look from downtown san francisco back to oakland. notice the clouds higher this morning but full of mist and coastal drizzle. talking about cooler than average weather through the first part of the weekend and warmer weather for the weekend. >> and right now the commute off to a great start this monday morning with a live shot of the bridge toll plaza. almost no delays except for a couple cash-paying lanes and that's about it. i'll let you know if anything changes. >> the discovery of a potentially devastating test raises alarm in the bay area agriculture community. it's a mondays, 5:01. thank you for starting your day with us. >> i'm eric thomas.

terry mcsweeney, abc 7 news. >> terry, thank you. it's 4:33 now. dutch investigators are questioning two men arrested at amsterdam's airport as u.s. authorities found suspicious items in their checked luggage. both men are charged with preparation of a terrorist attack. abc 7's lillian kim has more. >> muhammad and amarisi are under arrest in the netherlands. sources tell abc news the pair flew from chicago o'hare to amsterdam after having packed mock bombs in their luggage. they found a cellphone taped to a pepto-bismol battle and several watches taped together, a boxcutter and three large knives. >> it seems it was some sort of test in the fact you start to tape together cellphones and carry cutters, it's an attempt to see if this will be picked up. >> the items did raise suspicions earlier on among airport screeners in alabama where he was boarding hills connecting flight to chicago but none of the items is considered illegal for checked luggage. in facted, sources tell abc news he also carried $7,000 in cash which also wasn't breaking any law.

terry mcsweeney, abc 7 news. >> terry, thanks a lot. a livermore soccer coach is in custody this morning charged with possessing child pornography. he was the head coach of a girl's soccer team. they found dozens of lewd photos on his home computer. they've been investigating him for three months. he's being held at the jail on $40,000 bail. police say none of the photos appear to be of local children, but investigators are still examining them. >> a local school board has voted to officially oppose proposition 19. that's the november ballot measure that would legalize the recreational use of marijuana. officials from the san mateo high school district hope their vote last night will convince school officials across the state to do the same thing. they worry people will start growing pot inside their homes which might be close to a school. prop 19 doesn't prohibit adults from possessing marijuana on campus. growing pot plants near a school say supporters isn't dangerous. >> fueling the debate over recent firefighter cuts and the time it

live in redwood shores, terry mcsweeney, abc 7 news. >> thanks a lot. the peninsula is dealing with a different kind of stinky problem, a garbage strike that began with a handful of workers is leading to trash piling up in four cities. theresa garcia is live in san carlos to show us what's happening. theresa? >> all right. it's a two-day strike, not long but certainly long enough for garbage to pile up and smell. we're going to show you here. this can packed full in an italian restaurant in san carlos. this is impacting commercial commerce, restaurants and health facilities. those affected in san mateo county include the cities of san carlos, san mateo, burlingame and hillsborough. about 500 trash collectors, sorters and drivers who work for allied waste industries call a 48 hour sympathy strike in support of coworker that is walked off the job yet at the ox mountain landfill in half moon bay. they have been working without a contract since december. their negotiation disputes over wages, health insurance and pensions. while that's sorted out, customers

>>> i'm terry mcsweeney live in san francisco. today we're going to be getting a decision on the constitutionality of the same sex marriage ban. the first of three decisions in this story and the first of the decisions don't count. the story in a live report. >> san jose city leaders put several budget ballots in the measures before the voters in november. one would put a tax on medical marijuana. >> amtrak service through oakland where a freight train derailed yesterday. >> here's a look at those thickers clouds we talked about yesterday. off to a misty morning and a deeper cooling trends that will touch all our neighborhoods. i'll tell you who it will touch the most and how long it will last. >> an accident in oakley on the northbound laurel road blocks a lane. heavy traffic. antioch for a short stretch. i'll check the drive time on westbound 580 through the altamont pass. >> it is 6:01 on this wednesday. good morning. thanks for joining us. i'm kristen sze. >> i'm eric thomas. topping our news, this afternoon a federal judge in

terry mcsweeney is live at city hall. terry, county clerks are paying very special attention what happens today. >> county clerks tell us they ready for anything but legal experts say there may not be anything to be ready for. tell you about that in a minute. judge vaughan walker expected to release hills decision between 9:00 and noon today. judge walker is the same federal judge who last week ruled that prop 8, the ban on same sex marriage approved by the voters of california, is unconstitutional. he placed a stay on that ruling. those who came to san francisco city hall for a marriage license were turned away. now, even if the judge does lift the stay this morning, that does not mean same sex weddings will take place today. >> if the stay is lifted, judge walker undoubtedly will give the p proponents to appeal to the circuit and circuit justice anthony kennedy. if it stays in place, same sex marriages will not be allowed to go forward. >> if the judge lifts the ban and does not delay its implementation for a few days,

>>> i'm terry mcsweeney live in san francisco city hall. a federal judge's ruling later today may pave the way for wedding bells for same sex couples. then again, legal experts are saying it will probably just be more of the wedding bell blues. the story coming up in a live report. >> also in the headlines, a murder suspect's wild ride to the scene of the crime that leads to an armed standoff that took over a bay area neighborhood. >> and in this tight economy, must be nice to have an extra $4 million surplus cash. i'm theresa garcia live in san francisco. bart has discovered an unexpected surprise. we'll explain what they might do with it coming up. >> a live look at montcalm medical this morning. see how thick the cloud cover is and more moisture-laden. where and how long this will last and when that warming trend will finally get into our neighborhood. >> i have a developing hot spot. it's san jose on north 101. we have a live shot here near 880 just before the scene approaching 880. two separate accidents, one blocking a lane. we'll che

live in contra costa county, terry mcsweeney. another top story of the morning, let's go to theresa garcia in oakland. good morning, theresa. >> good morning. the heat doesn't just make those wild fires tough to deal with, it's hurting the commuters using public transportation and on bart. experiencing delays and it could happen again today. causing tracks and equipment to temporary fail yesterday afternoon around 4:00. bart says about a half dozen of its 50 train control rooms overheated. one of those is in dublin. crews cooled down the equipment by propping open the doors. it switched the system into a manual safety mode which means trans that travel 70 mph slow to 25. the bay area systemwide slowdown caused 20 minute delays during commute time. the passengers also suffered riding on hot train cars. on many of the cars, the a.c. shut down when the temperature reaches 95 degrees. bart says it would cost about $6 million to fix the system. with more high heat today, it might be another day where the commuters want to bring a bott

terry mcsweeney, abc 7 news. >> terry, thank you. the sponsors of california's gay marriage ban have asked an appeals court to stop a federal judge's order allowing same sex weddings to resume next week. court papers were filed last night with the 9th circuit court of appeals in san francisco. prop 8 supporters are asking for the marriage ban to stay in place until the u.s. supreme court can have the final say, but that process could take years. u.s. district court judge vaughan walker ruled yesterday gay couples could begin marrying by 5 p.m. next week. legal analyst dean johnson says the late challenge to the ruling was expected. >> the only surprise here is that it took as long as it did. i would have expected that the prop 8 lawyers would have had their associates with the papers ready to file as soon as judge walker's decision was announced. >> meanwhile judge walker is questioning whether gay marriage opponents actually have the legal standing to appeal because they wouldn't be affected by the ruling and they were not the ones

. ♪ >>> i'm terry mcsweeney live in oakland. one year ago today little hasanni campbell went missing here in oakland, at least he was reported missing. police say he was dead already and they know who killed him. the story coming up in a live report. >> also could a spay and neuter law fix the aggression of pitbulls. i'm theresa garcia live in san jose. there are two bay area counties now considering such an ordinance. we'll explain what they are doing just ahead. >> a live look at sfo this morning where we have clouds, even drizzle. probably flight arrival delays within the hour. talking about warmer weather in the east bay valleys and for the rest of us this weekend. i'll show you how hot we'll get. >> we are back to accident-free conditions right now around the bay area. a good start. a better start for the 5:00 hour. no delays at the bridge toll plaza. >> good tuesday morning, everyone. 5:01 a.m.. i'm eric thomas. >> i'm kristen sze. topping our news today marks the one-year anniversary of the baffling disappearance of a six

terry mcsweeney is live in san francisco with a preview. terry? >> yeah. california's same sex marriage is on trial and today sometime between 1:00 and 3:00 this afternoon judge vaughan walker is going to release his decision, his verdict on this trial. now, it is an important decision but it is not the final decision on same sex marriage. judge walker heard evidence in this non-jury trial back in january. closing arguments were in june and here we are in august. he's going to be announcing his decision today. the federal trial has two same sex couples battling sponsors of proposition 8. the couples say the voter-approved ban violates their right to equal treatment. supporters say it is a reasonable way to protect traditional marriage and better for children. it appears most legal experts expect the judge to rule against prop 8. >> the pro-prop 8 lawyers can read the handwriting on the wall just like everybody else. they know this was a hugely lopsided trial. i think the defendants are expecting to lose. >> the pro-prop 8 side is asking judge walker should

terry mcsweeney is live in oakland. >> the news is positive, continues to be for fremont police officer todd young, he continues to impre where they are talking about rehabilitation and the community is coming through with offers of life saving blood. >> news is encouraging for todd young, a police department spokman say doctors reduced his sedation and not only did he open his eyes but he contins to move his legs. plans are already being made for his rehabilitation. sources tell "abc 7 news" that the suspect in the shooting, 20-year-old andrew barrientos captured with an accomplice on the border on saturday won't be brought back to the baarea today. and they say has been no confession to the shooting. when he tried to arrest andrew barrientos on attempted kidnapping. at the blood bank, many people are turning out to donate blood to the offir who was shot in their city. >> he needs it. if he needs it, i'm here. >> jim is also here dedicatg his blood for officer young. >> yesterday i saw they were calling for blood for officer young and it was a perfect opportunity to help him out. >> of

terry mcsweeney is live in oakland. >> the news is positive, continues to be for fremont police officer todd young, he continues to improve where they are talking about rehabilitation and the community is coming through with offers of life saving blood. >> news is encouraging for todd young, a police department spokesman say doctors reduced his sedation and not only did he open his eyes but he continues to move his legs. plans are already being made for his rehabilitation. sources tell "abc 7 news" that the suspect in the shooting, 20-year-old andrew barrientos captured with an accomplice on the border on saturday won't be brought back to the bay area today. and they say has been no confession to the shooting. when he tried to arrest andrew barrientos on attempted kidnapping. at the blood bank, many people are turning out to donate blood to the officer who was shot in their city. >> he needs it. if he needs it, i'm here. >> jim is also here dedicating his blood for officer young. >> yesterday i saw they were calling for blood for officer young and it was a perfect opportunity to help hi

terry mcsweeney joins us now with more. terry. >> these pictures are just snapshots, one week of one month but all the same kind of picte. california leadg the nation in initially unemployment claims ahead by a 2-1 margin. for more stories of sadness and desperation but some stories of hope. deborah williams one of 4400 california who filed a claim. doesn't see her hunt for a job of accounts reivable clerk. >> i find the response is a little slow but they are responding. as well as recruiting offices. it's a process, but it's working. >> williams' new reality and the nationwide jobless numbers showing the initially unemployment claim hitting the 500,000 level for the first time since november have ny economists saying the economy is losing steam. this morning the president said to create jobs. >> small businesses for employee and the communities that depend on them across this great count. >> san francisco-based ch systems which finds bs for people in the tech sector says the second half of the year is typically a good one

. >> i'm terry mcsweeney. california on the verge of setting an all-time record for money spent or a governor's race, one candidate jut spending the other by a massive marge but not leading in the polls by a massive margin, in fact not leading at all. >> check out this picture from downtown san francisco. barely see the bay bay bridge. mist and clouds await you. so do cooler conditions. we'll be well below average and how long it will last this weekend. >> here's a live shot of a foggy golden gate bay bridge for drivers. you might need your wipers in san francisco. an update on an accident at hercules. >> the city council votes to put a mission the november ballot that would take away their own power, lay off members of the fire department. >> it's tuesday, 5:00. good morning. i'm kristen sze. >> i'm eric thomas. topping our news, a. c. transit could return to a nor normal because schedule starting today because a judge yesterday threw out a contract imposed on its drivers two weeks ago. during that two-week p

we begin our coverage today wi terry mcsweeney at safrancisco city hall. terry? >> the are dozens of people on the steps of the san francisco cityall right now and they have been there for hours waiting for judge walker's ruling. take a look at the people out there. yes on 8, no on 8. their signs make it very clear which is which. those in favor of similar sex marriage and those who believe marriage is between one man and one welcome. he's already ruledhat prop 8 approved by california voter is unconstitutional but hs got two decisions today. one, would he lift the stay which would mean same sex marriages could go forward? and, two, is he going to delay the imette s the i am platation. mayor wsom out here this morning. >> they vote on this issue and now everything -- all that stuff is thrown out and one man decides for the state. thisind of authority is scary. >> i'm incredibly optimistic and hopeful. but whatever happens today, that optimi doesn't go away. that hopefulness doesn't go away. thank you, guys, for all your faith and your devotion and constant and yo

live in redwood shores, terry mcsweeney. >> thanks very much. on the peninsula th second day of a two-day garbage strike means trash continues to pile up in thousandof homes and businesses. three00 delivered collectors walked off the job yestery. that means little or no gadge is being collected in san carlos, san mao, hillsborough and burlingame. it coultake all weekend to catch up on the trash backlog. >> floorats and sticky pedals. now toyota has an engine problem. >> the first new york city police seeing if the attack on this driver was a hate >>> a 21-year-oldonor student is in custody in new yorkity for the violent attack on a cabdriver. he's charged with attempted murder and a hate crime. he asked the driver if he was a muslim. when he said yes, the police say that enright repeatey shot him, said this is a checoint, i have to put you down. he said he does not understand the rage. he says he moved to new york because of its diversity. >> we are all together. i don't know what his -- why he did this. seemed to do this to me. >> new york's ca

live in san francisco city hall, terry mcsweeney, abc 7 news. >> terry, thanks a lot. muni's efforts to crack down on crime appear to be paying off. the examiner reports crime has dropped after spiking in the first four months of the year. the reports say in may and june there were 124 incidents reported compared to 569 incidents january through april. muni attributes the decrease to more aggressive deployment of public safety resources. this comes as san francisco supervisors are expected today to approve legislation increasing penalties for crimes committed on muni and around muni stops. >> san francisco mayor says muni was forceded to reduce service by 10% in may because of a severe budget deficits. today the mayor said thanks to cost saving measures 61% of those cuts will be restored. that includes fully restoring light rail service and late night owl service. metropolitan transportation agency is meeting this afternoon to look at increasing pay for muni drivers. drivers are virtually guaranteed a 6% pay raise to almost $30 san hour. that's because the city charter

terry mcsweeney is livin san francisco with details. terry? >> the entertainment commission here at city hall getting involved in the shootings and that's because one took place outside a nightclub, the other took place in an area where there are a number of nightclubs and we are finding out this morning th the woman gunned down was walking with her husband. she is from germany. and she was gunned down on mason at geri. a 50-year-old of germany gunned down in a high-traffic area just up the street from union square, the heart of 15. a 15 and 19-year-old shot, treated and released from the hospital. the shoot being took place about 9:00 last night. it's an area of hotels and nightclubs. in addition to policeand homicide investigators, the entertainment commission raced to the scene. mayor wsom is giving that commission muscle to close the nightclub sce as a threat to public safety or a source of continual violence. >> we sent staff down to that mason street to figure out what was happening. we found out that in fact nightclub that been named ov

terry mcsweeney, abc 7 news. >> thanks very much. high fire danger will keep allen rock region park in san jose closed for a second day. temperatures topped 100 degrees there yesterday. park offials say they'll decide what do do the rest of the week on a day-to-day basis. >> residents felt the impact. >> the smoke didn't mix o whatsoever it hung in the valleys south of mount diablo which is where i live. you can smell it. smelled like a campfire outside. because itas 103, we had the air conditioner on and that was drawing someof the smoke in the house and i woke up with ash all over my car. a littletoo close to comfort. smoky north at 3 upping up to 9. look at that temperature, 91. expecting a high of 106. east b valley, santa clara valley, the north bay valleys where the heat ll reach triple digits again and will be dangerous throug at least 8:00. even though it's not becom to be quite as hot as yesterday, we have so records that could fall. 88 oakland, 85 san fraisco. still very warm 96 san jose today. 103 in concord. would be a re

terry mcsweeney joins us now with more. terry. >> these pictures are just snapshots, one week of one month but all the same kind of picture. california leading the nation in initially unemployment claims ahead by a 2-1 margin. for more stories of sadness and desperation but some stories of hope. deborah williams is one of 4400 californians who filed a claim. doesn't see her hunt for a job of accounts receivable clerk. >> i find the response is a little slow but they are responding. as well as recruiting offices. it's a process, but it's working. >> williams' new reality and the nationwide jobless numbers showing the initially unemployment claim hitting the 500,000 level for the first time since november have many economists saying the economy is losing steam. this morning the president said to create jobs. >> small businesses for employees and the communities that depend on them across this great country. >> san francisco-based tech systems which finds jobs for people in the tech sector says the second half of the year is t

terry mcsweeney, abc 7 news. >> terry, thanks very much. heather continues our coverage live in the castro district. heather? >> so far today it looks much like any other day down here but this evening the castro will be the launch point for a rally and march. some people we talked with here this morning say they really just got one thing on their mind today, and they are very anxious for the ruling to come down. they say they'll be paying very close attention to news analysts this afternoon trying to find out about that ruling the minute it's announced. >> are you a twitter person? >> i am not. and i don't belong to any social networks. >> the way you'll get your news is -- >> i read the paper and i check online. >> you'll be online a lot today? >> i will be online all day today. >> i think everybody should be a chance to live their lives and just be who they wanna be. >> we don't have litigation. are you tired of this? >> i'm getting tired of this but i know it will happen eventually. i just wish it were to happen now. >> there will be a

live in redwood shores, terry mcsweeney. >> thanks very much. on the peninsula the second day of a two-day garbage strike means trash continues to pile up in thousands of homes and businesses. three00 delivered collectors walked off the job yesterday. that means little or no gadge is being collected in san carlos, san mateo, hillsborough and burlingame. it could take all weekend to catch up on the trash backlog. >> floor mats and sticky pedals. now toyota has an engine problem. >> the first new york city police seeing if the attack on >> closed captioning brought to you by mancini sleepworld. >>> a 21-year-old honor student is in custody in new york city for the violent attack on a cabdriver. he's charged with attempted murder and a hate crime. he asked the driver if he was a muslim. when he said yes, the police say that enright repeatedly shot him, said this is a checkpoint, i have to put you down. he said he does not understand the rage. he says he moved to new york because of its diversity. >> we are all together. i don't know what his -- why

terry mcsweeney, abc 7 news. >> thanks a lot. california education officials are disappointe this morning after again losing out on a share of $4 billion the federal government is awarding for school reform. jack o'connell issued a statement: we remain fully committed to seek the strategies and resources demanded to accelerate our efforts to close the achievement gap among different groups of students by recreati recreating fundamental reform >> to take you back to our top story. an out of control vehicle slamming into people at a bus shelter in san francisco. five people were hit, seven hurt critically. don sanchez is there now. >> you say five have been injured. four actually have life-threatening injuries and have bn taken to various hospitals. it happened at san bruno and arleta at bay shore. taking away victims. after that car, according to investigats, shut down and the driver virtually had no control. she slammed into a group of people waiting for a bus. it was so hot, of course, today they were in the shade of the apartme

live at sfo, terry mcsweeney, abc 7 news. >> terry, thanks very much. u.s. government officials now say it is unlikely that two men arrested on board a plane in amsterdam were conducting a dry run for a potential terrorist attack. authorities arrested the men after finding suspicious items in the checked luggage of one of the men. both drew suspicion after changing their travel plans at the last minute. the items included cellphones taped to a pepto-bismol bottle, a box and three large knives. officials say they were natives of yemen living in the u.s. legally and were not traveling together. he says his friend isn't smart enough to be involved in such a plot. >> it's not him. he let -- not educated person to do that stuff. >> well, authorities are holding the men on suspicion of conspiring to commit a terror attack. the white house says the men were not on terror watch lists. >> the condition of a fremont police officer shot while trying to arrest a domestic violence suspect last week is improving. officer todd young remains in intensive care but he's been

terry mcsweeney is live in san francisco. several peninsula cities are concerned. >> you have business leaders from san jose county calling opponents obstructionists and leaders of san mateo communities calling the business leaders bullies. the issue didn't get resolved today though some tried. >> i call state holders to dial down the rhetoric. it's really time we come together and figure this out. >> she's referring to the verbal bonds exchanged religion between jim wonderman, ceo of the bay area council and san mateo assemblyman jerry hill who represents residents of seven communities located along the high-speed rail right of way. >> some supporters unfairly criticize such efforts as obstructionist. that is not so. elected officials in these cities are simply exercising their responsibility to be active participants in the planning process. >> he represents 275 corporate members of ceo as the bay area counciling. he sees the call to slow down the planning process as a death for the $43 billion high-speed connection between

terry mcsweeney, abc 7 news. >> thanks very much. high fire danger will keep allen rock regional park in san jose closed for a second day. temperatures topped 100 degrees there yesterday. park officials say they'll decide what do do the rest of the week on a day-to-day basis. >> residents felt the impact. >> the smoke didn't mix out whatsoever. it hung in the valleys south of mount diablo which is where i live. you can smell it. smelled like a campfire outside. because it was 103, we had the air conditioner on and that was drawing some of the smoke in the house and i woke up with ash all over my car. a little too close to comfort. smoky north at 3 upping up to 9. look at that temperature, 91. expecting a high of 106. east bay valley, santa clara valley, the north bay valleys where the heat will reach triple digits again and will be dangerous through at least 8:00. even though it's not become to be quite as hot as yesterday, we have some records that could fall. 88 oakland, 85 san francisco. still very warm. 96 san jose today. 103 in

we begin our coverage today with terry mcsweeney at san francisco city hall. terry? >> there are dozens of people on the steps of the san francisco city hall right now and they have been there for hours waiting for judge walker's ruling. take a look at the people out there. yes on 8, no on 8. their signs make it very clear which is which. those in favor of similar sex marriage and those who believe marriage is between one man and one welcome. he's already ruled that prop 8 approved by california voters is unconstitutional but he's got two decisions today. one, would he lift the stay which would mean same sex marriages could go forward? and, two, is he going to delay the imette s the i am platation. mayor newsom out here this morning. >> they vote on this issue and now everything -- all that stuff is thrown out and one man decides for the state. this kind of authority is scary. >> i'm incredibly optimistic and hopeful. but whatever happens today, that optimism doesn't go away. that hopefulness doesn't go away. thank you, guys, for all your faith and your devotion and

delicious yes. ♪ >>> i'm terry mcsweeney live in san jose where firefighters say they have a new plan to save the city millions of dollars and bring back dozens of lost firefighter jobs. not new. does not bring back any jobs. the story in a live report. >> also this morning caregivers at two oakland nursing homes are going on strike right now in a dispute over sick leave and other contract issues. >> here's a look from emeryville. notice the bay bridge. hard to see as the marine layer is lower but thicker are moisture. may get cooler this week. i'll show you how low we'll go. >> a car has slammed into sard barrels in hayward. sand spilled all over the roadway. all the details coming up. >> and a suspected drunk driver causes terror in a quiet bay area neighborhood. turns out to be the

terry mcsweeney is live in san francisco with details. terry? >> the entertainment commission here at city hall getting involved in the shootings and that's because one took place outside a nightclub, the other took place in an area where there are a number of nightclubs and we are finding out this morning that the woman gunned down was walking with her husband. she is from germany. and she was gunned down on mason at geri. a 50-year-old of germany gunned down in a high-traffic area just up the street from union square, the heart of 15. a 15 and 19-year-old shot, treated and released from the hospital. the shoot being took place about 9:00 last night. it's an area of hotels and nightclubs. in addition to police and homicide investigators, the entertainment commission raced to the scene. mayor newsom is giving that commission muscle to close the nightclub scene as a threat to public safety or a source of continual violence. >> we sent staff down to that mason street to figure out what was happening. we found out that in fact a nightclub that's be

terry mcsweeney joins us. any sign of hope for them? >> there is hope but all that chase is promising is that people who come in with all their documents are going to be finding out within two weeks whether they qualify for a loan modification, which is far better than the horror stories we hear from chase customers, bank of america customers when they go in for a loan modification and it takes 15 months to find out if they calfy, the whole time getting closer and closer to losing their home. >> nervous. >> those are the emotions as they wait to meet with a bank council. they want to see what can be done to lower monthly payments on the home they bought last november just before the family income dropped dramatically. >> my husband was in concrete work for 25 years and now he's unemployed. he started working again for a landscaping company, but it's only working two days a week. >> by far the number one reason we're seeking modification is unemployment. folks were employed when they took out the loan and either both or at least one of t