occupy sf has a run-in with police. officers say their stuff has to go. what happened in the overnight clash coming up, and a birthday party turns to a crime scene when a gunman opened fire on a group of children. california doctors take a controversial stand on that. they say legalize it. you're looking at a live picture of oakland. it's monday, october 17th, and this is "today in the bay." good morning, everyone. i'm scott mcgrew.

4:30. let's check in with the week long back to work forecast with christina loren. >> we're going to start nice and hot with temperatures close to 90 degrees. in most east bay cities the tri-valley will be scorching. throughout the week a major cool down with showers. we're already looking to another gorgeous weekend. let's talk about what's happening on the roads. no construction on 880. >> not where you drove. there's a little bit going on. cleaning up around the area of hayward. that's a smooth drive. but overall a light volume of construction through the area. 680 northbound we want to watch. an earlier accident involving a couple of cars. we have an incident there. 580 very pleasant right now. if you have to start until 7:30.

the demonstrators refused to take down their camp last night at occupy sf. this is a live stream from the internet. they set it up, the protesters did. they show police in riot gear to bring a truck to load up the tents. police asked the occupiers to take down their tents. the protesters refused. police came in and starting removed them themselves. at least one tire was punctured. other protesters sat in front of police vehicles and would not let them leave. we're hearing at least five people were arrested during clash. 4:32. police in the east bay say two armed and dangerous men could be hiding out in the neighborhood after shooting a 9-year-old girl and three teenagers at a party. one of those teenagers fighting for his life in critical condition.

the 9-year-old girl shot in the arm. two other victims expected to be okay twochlt men wearing dark hoodies walked up the driveway and ravine drive and started shooting. neighbors heard a popping sound. first they didn't realize they were hearing gunshots. >> they just sounded like fire crackers going at first. you have kids screaming and cryinging. then a guy comes out saying somebody got shot. >> the gunmen are still on the loose. police say they ran away on foot, one wearing a bandanna. this morning police investigating what prompted a san jose officer to shoot and kill a man outside the apartment complex this weekend. on noon they got a call about a suspicious man on the complex of the 400 block. four officers came. they confronted the suspect in the back parking lot. >> a report came in, at least

one report came in from the residential area here, resident presumably, indicating the person was acting in suspicious manner or something to that effect and that person was armed. >> we know so very little. police say during their interaction with police one suspe -- during the interaction with the suspect one police officer opened fire. a deadly foon ral for a hell's angel member. someone shot and killed another member of the infamous bike gang attending a funeral from the group's president, jeffrey pettigrew. by the time they got the scene the victim had been loaded into a vehicle, the shooter was gone. police say someone tried to cover up the crime and they couldn't find the evidence they were looking for. >> apple held a memorial service

for steve jobs this weekend at stanford. the intention was to celebrate the cofounder's life with hi family and close friends. guests include larry paige, the cofounder of adobe. also attending is chicago mayor rahm emanuel who jobs supported with a six-figure campaign donation. apple planning a memorial wednesday for employees at the cupertino headquarters. the state's largest group of doctors calling for the legalization of medical marijuana. the california medical association adopted the position at the annual conference this weekend, becoming the first major medical group in the country to advocate the legalization of pot. it took the stance, even though the organization says the medicinal value of marijuana remains unclear. >> i'm 100% confident as the cma

and other researchers are given the opportunity to look more deeply into cannabis, they will find what i know, that it's a very effective medicine for a wide range of ailments. >> they called the decision, quote, unbelievably irresponsible. the cma says it's an open question as to whether cannabis is useful for the purposes. but the only way is to legalize it and do more research on the find out. >> 22 years ago a massive earthquake battled the bay area. this morning emergency officials talk about the preparing for the next one. the 6.9 quake struck on october 27th, 1989. it killed 63. the department of emergency management will host a symposium at san francisco city hall focusing on community preparedness and recovery.

pg&e prepping more gas line pipes. starting at 10:00 near stanford. pg&e said people in the area will hear a loud noise. but service will not be interrupted and the smell should dissipate quickly. let's check back in with christina this morning. >> reporter: good morning, scott mcgrew. we're looking good for today. we're going to see temperatures chillier than this time yesterday morning. it's only going to last for a day. temperatures starting to drop with a little bit of shower activity moving in. so temperatures comfortable. 60 in oakland. 55 in sunnyvale. 55 in livermore. you can see from the visibilities, fog will be a factor on your morning drive. the area of low pressure is spinning offshore.

staying put. really not expecteding this guy to move onshore until late tomorrow. temperatures in the upper 80 rz in livermore and concord. santa cruz, almost 80 degrees. forecast coming up in moments. >> we'll take you to the south bay where over the last couple of seconds the map changed. southbound 101 there's a little blip in the northbound direction. i'll make sure that clears out. we'll find out the reasons for the slowing. there's construction at old bay shore past 880. the rest of the roadways are opening up throughout the south bay. and a smooth drive for 101 where the offramp is closed. not causing major slowdowns there.

we'll get a quick look out there. scott, we'll send it back to you. kids itching to get out of the booster seats in the car will have to wait longer. kids are required to be buckled in until 6 years old or 60 pounds. a new law signed by governor brown raises the age again to 8 years old or until the kids are 4'9" tall, whichever comes first. the supporters say it's aimed at keeping kids safe until adult belts fit them properly. a lot of people are looking over health care coverage this time of year. there are new laws to help you save money, we'll explain. and new regulation for cell phone carriers to keep you from getting nailed with extra fees. president obama on the road for campaign hit key republican states. we'll tell you why on that. you're looking at a live picture. we'll be back in just a minute. really big news. it's b-i-g -- big. high speed internet from at&t at home... ...includes wi-fi access on the go. woo-hoo! [ together ] it's an unbelievable deal.

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welcome back to you, as we take a live look at the control center there. 4:42. president obama back on the road to sell key parts of his jobs plan. the president is hoping to pull it apart and pitch individual pieces to the public. he's traveling to north carolina and virginia to do campaigning. both states traditionally republican leaning. they carried obama in the 2008 presidential election.

it's clear both states will play a political role as well. martin luther king takes his place along lincoln and jefferson and washington. the towering legacy now immortalized in stone. the 35th sculpture shows dr. king emerging from the stone, inspired from his famous "i have a dream" speech. president obama and his family joined the dedication yesterday. saying dr. king stirred our conscious and made our union more perfect. it should be easier to keep track of your cell phone minutes, texts and data. for more on that it's bertha coombs. good morning. >> hey, good morning. a lot of news that we're going to be following. if the deal is approved, it will create the largest gas pipeline operator in the u.s.

the dow and the nasdaq start the week in positive territory. very busy week on economic data. they we get the empire state index and industrial production. and earnings, earnings, earnings. that's what it's all about the next two weeks. this is really the key period for earnings reportings. before the bell we hear from city group and wells fargo. after the bell we hear from ibm. the nasdaq is going to start at 26,677 after rocketing 47 points on friday on the heels of apple's enthusiasm for the iphone 4s. cell phone users could get realtime alerts if they're in danger of going over texting or talk limits. the agreement on the rules has been struck between the sec and the cta. that's the wireless industry trade group.

and living social is launching exclusive invitation only food events. the daily deal started offering experiences like a meal in a restaurant's kitchen or a visit to a environmentally sustainable farm. it will be $100 to $200 per person. initially it will be available in the hometown of living social in washington, d.c. but could expand to other major cities by the end of the year. if you got $100 deal to go, it would be that discount, wouldn't sn it? >> yeah, it would save me this much money. christina loren, you're going to take me to french connection. you and your 10-year-old son who text message me over the weekend. what a very kind young man. 46 in novato. 59 in san francisco. we're at 51. a little chilly in places in the north bay.

a little chilly. especially in the south bay. in the upper 50s. cloud cover overhead in the south bay. that extends to the east bay. you'll find the fog and the low clouds from santa roe sta through napa. we're expecting the visibility to taper off. we're not expecting a significant round of fall. but we'll see a lot of fog drift over the santa cruz mountainsful so you'll be cooler than the hottest cities across the bay area, where traditionally morgan hill and gilroy are two of the hottest cities. this is driving in the onshore flow. as we head through tomorrow it looks like this area will move inland. will we see showers out of it? probably not. especially in the south bay. maybe it will make the fog so thick that it generates a drizzle. that's what we're expecting. a stronger onshore flow through tomorrow. especially particularly. we're going to see cooler conditions on wednesday. down to 72 degrees.

so you night need your jacket for just one day this week. then we're going to warm back to the 80s in time for the weekend with a lot of sr. sunshine. i continue to look for the cold fronts. nothing really to make any weather changes for us, at least for a while. i'll let you know when i see something else. >> sure. 4:47. millions of americans reviewing their health insurance. right now trying to make changes for the upcoming year. preventive procedures like immunizations, colonoscopies will be paid free of charge. >> it's paid 100% by insurance. no matter what plan you have. >> look for incentive based wellness programs. many companies are promoting and rewarding employees for making healthy choices and decide how much pre-tax money to put into flex or health savings accounts. there's a website, health

care.gov to help you navigate through difference insurance plans. coming up, raider nation marks the first home game. we'll show you special trints on and off the field. and a fiery crash killed a driver in the indy series. >> things are moving smoothly on highway 24. we had a tough drive last week. thursday and friday out of lafayette. but right now it's a nice,ut eat mmute to the bay bridge. it will change. i'll show you what's going on right now. co

when someone gives blood and a life is saved, that moment when heartbreak turns to hope, you're there through the american red cross. every day, the red cross responds to nearly 200 neighborhood emergencies. and your support makes it possible. use this moment to join us today. visit redcross.org.

we were talking about a shooting in pittsburgh at a little girl's birthday party. we have an update for you. christie smith joins us live. >> reporter: good morning to you. it certainly doesn't get scarier than this. about 50 people celebrating a birthday party in this home. the youngest that was hit was a 9 yeerl girl. this is around 8:30 last night on ravine drive. one, possiblily two young men were critically injured in this. all four are expected to survive. now medical helicopters had to land on the trail nearby to take all the victims to the hospital, and neighbors heard the shots. >> they were like firecrackers at first.

then the guy comes on saying somebody got shot. >> the girl did not suffer life threatening injuries and was apparently hit in the arm. the shooters got away on foot and may have ran to the car. one wore a bandanna over his face. police are looking for a dark colored sedan. a huge crash in the final race of the indy car series killed a two-time champion. dan wheldon died after crashing during the race in las vegas during the 15-car wreck. you can see it playing out on that screen here. 33-year-old racer air lifted from the track died at the hospital. the remainder of the race was canceled. there was a five lap tribute in wheldon's honor. he was a two-time indy 500 winner. also injured in the crash was

hi hildibrand. >> he's done so many wonderful things for so many people. he's brought excitement to the game of football. zble everyone mourning the loss of al davis. fans showing up to pay their respects. wearing their silver and black. tribute to al davis.

>> the fire for winning. that is al davis. >> people thought he was losing a step. al never lost a step. to top it off the raiders beat the browns. they've been seeking advice and guidance from head coach john madden, the raiders' head coach from '69 to '78. meanwhile, the 9ers playing with confidence. they scored a touchdown in the final two minutes of the game. they sealed the deal 25-19. let's check in with jon and talk to him. >> good morning, scott. good morning, everyone. a rough weekend. killings in oakland. an officer-involved shooting in san jose. a shooting at a hell's angel

funeral. and a 9-year-old injured by gunfire. plus we're keeping an eye at the occupy encampment at san francisco after a clash there with police. the 49ers win, but did the coach defy post game handshake etiquet etiquette? we'll let you be the judge. scott, back to you. >> as a parent of the teen driver, i know it very well. every week is be careful out there week. let's check with mike. speaking of people smashing into thin things. >> not me. i didn't do anything. just to clear that for the record. over to oakland. i love scott. that's what it says. i heart scott. the volume is very light right now. the construction is not a major issue on 880. we see flashing lights on the right shoulder, but no crews. i'll let you know if there's

maintenance going on. clearly it's open right now. scott, they've had a lot of work over the last years. a nice, smooth transition with most of that construction completely cleared up. that's a treat. getting there, not so nice for 880. >> a parade of unusual cars racing across the australian outback, powered by nothing more than the sun. this year student-led teams for 20 countries are competing. including a team from stanford. a team from japan is leading the pack. it's half past 9:00 there now. according to the team's blog, the system is producing a jesus amount of power. the race started in the northwest city of darwin on

sunday. lit race 2,000 miles through the australian outback. "today in the bay" is coming up nec. s and weath updates, search nbc bay area morning news.

a horrible scene at a children's birthday party in the east bay. two men opened fire hitting four people. the youngest, a 9-year-old girl. i'm christie smith. i'll have the latest coming up in a live report. and san jose police are investigating another officer-involved shooting. plus, why a powerful group of physicians say legalizing marijuana is the right prescription for california. it is monday, october 17th. this is "today in the bay." #