a baby and seven others shot as gunmen target a rapper's van. plus, self defense oar a nasty shopping accident. why investigators say a woman may have been protecting herself. and the war veteran injured in the occupy oakland protest speaks out for the first time. >> taking a live look outside beautiful golden gate bridge. it is foggy in many parts of the bay area on this tuesday, november 29th. this is "today in the bay."

>> good morning. >> we're glad to have you back. it's 4:30. i'm jon kelley. >> i'm laura garcia-cannon. pretty foggy out there. >> really foggy out there. this morning the dense fog is not quite as widespread. but nonetheless this takes you anywhere towards the peninsula, you will encounter really thick fog with a dense fog advisory in place until at least 9:00 a.m. they had to extend it to 11:00 a.m. we're watching for that. give yourself plenty of time. we'll take you through the forecast. major changes in the work. let's check your drive with mike inouye. >> the fog is really focusing on the major commute spot. i'm going to focus on 880 between dixon landing road and

237. that construction was made worse because of the fog. >> thank you. >> thank you very much. >> this morning a 1-year-old boy is clinging to life after being shot in the head overnight in oakla oakland. >> the baby is one of eight people injured. this morning the rapper connected to the shooting is speaking out. # we spoke to him a half hour ago. he's concerned about his cousin. his 1-year-old cousin. he has swelling of the brain. police say bullets were flying at that neighborhood at 6:30 in the 700 block of willow street in west oakland. we have a total of eight people shot, including the child. the boy's father is a rapper and

was shooting the video. the cousin himself is a rapper. he does not believe he was a target at all, even though his fan was hit with bullets. he was in richmond recording studio at the time. now he's asking for the public's help. >> everybody is sad about the situation is that something like this could happen to a 1-year-old kid to be involved in this. he ain't never hurt nobody. police have not said if they made any arrests. they told nbc bay area early this morning that the child was shot in the arm of his child.

live in oakland, damien trujillo, back to you. another shooting in a quiet south san jose neighborhood sending one man to the hospital. it happened just before midnight on apple blossom drive. the officer found a man shot several time. they say his injuries don't appear to be life threatening. the man is now in the hospital. police have not named any suspects. we could learn about what happened at a wal-mart. they have developed critical information that needs to be shared with the community. police say at least two suspects attacked a family leaving wal-mart early friday morning. black friday pepper spray

incident may have been self defense. the woman involved showed up at the police department on saturday she was not arrested. detectives are looking at security and youtube videos like this one. you can hear people say i'm being trampled. detectives interviewed 14 witnesses and talked to a dozen shoppers about the incident. the case will hinge on whether the pepper spraying was self defense or inappropriate shopping tactics. activists will be turning to frank ogawa plaza. camping is not part of the plan, but they are prepared to file a restraining order if police try to remove him. and we're hear for the first time from scott olsen. he has a large scar on his forehead and still has trouble

forming words but he remembers that night very clearly. >> next thing i know i'm down on the ground. there are people above me trying to help me. they carried me away. i wanted to get up, stay there, pick up my bag. but they carried me away. >> olsen says his recover is frustrating. he expects to make a full recovery. it is 4:36. the san jose police department is still in shock after the death of an officer. an apparent murder/suicide. officers discovered the bodies of christopher and his wife lynn at their gilroy home. friends and family hpt heard from the couple in days. police have not released how they died but they said christopher died from a self inflicted gunshot wound.

officers say they cannot understand why or how this happened. >> he was well liked. he was well respected. nobody saw this coming. it was a complete shock. a search of phone records show no calls to police. he had been with the police department since 1945. his wife was 43. their two teenage children were fot home at the time. homeowners in south san francisco still drying out after at least a million gallons of water gushed out of a newly installed pipe on friday. they are looking into exactly what caused the failure. ranger pipelines finished replacing the section of the pipeline back in october. rapger is already working on replacing other sections of the

water line. the cause of the break in the south san francisco area may affect work along the entire line. once we figure that out, we will extend the work. >> they say the investigation into who was at fault should not affect the reimbursement process. someone will have to pay for damaged homes, damaged cars and damaged infrastructures. >> just like yesterday morning, we have really thick fog. on the highway you could lose visible just like that. visibility is down to a quarter mile or less. that goes for mountain view or

hayward. and really, really thick fog in santa rosa. mostly cloudy kwns will make way to gradual clearing. form our focus shifts to very, very strong winds. we could see gusts of 70 miles per hour. we are expecting frequent gusts of 20 to 40 miles per hour. we'll talk about it. we have the seven day outlook ready to go. first let's check your drive with mike inouye. >> the fog is a tough drive because of that. as we droe through the construction zone we warn you about using the high settings. but the construction zone was well lit.

allow the extra lane incase it takes your eyes a second to adjust. more construction for 237 eastbound coming through a similarly foggy area. more fog through oakland and 880 around fruitvale. there's another construction zone there. i've circled it. at the toll plaza you can barely make out the few cars that there are right now. back to you. >> no flight delays so far. so we'll keep you posted. here's a cool question to think about. what would you do with $250 million? sounds good. three men in connecticut have already answer that had question. why the winners of one of the biggest jack pots in history are spreading their wealth.

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welcome back and a good foggy morning to you. faking a live look outside at the golden gate bridge. you may not see it when you first step out your doors, but

certainly foggy out there. 4:43 right now. michael jackson's personal doctor convicted of involuntary manslaughter in the singer's death will be back in court for sentences. prosecutors want the judge to give conrad murray the maximum four year prison term. defense attorneys arguing for probation. jackson died from an overdose of the powerful anesthetic propo l propofol. no word if any of jackson's family members will speak during the sentencing. and the man accused of killing eight people in a hair salon is expected to be arrai arraigned. scott dekraai. he opened fire inside a salon. the shootings were prompted by a custody battle between dekraai and his ex-wife. she was shot and killed in that salon. well, another allegation against herman cane as a woman comes forward claiming she had an affair with him for 13 years.

woman, ginger white, says cain bought her plane tickets and put her up in very expensive hotels. he admits yes, he does know white, he's known her for years. but now the attorneys are saying this appears to be an accusation of private alleged consensual conduct between adults. >> private conduct between consenting adults is no one's business, as you said, it's the closest you're going to get to an admission. >> his latest accusation of the presidential candidates have not yet commented on these. it is 4:45. wall street could be looking up as news on your financial crisis continues to improve. for more on that and news before the bell, let's turn to jackie deangeles live at cnbc headquarters. good morning to you. futures slightly higher this morning. we may see carry over from the

rally. stocked jumped on optimism that europe may be getting the act together and on the back of bullish black friday holiday sales number. we're looking at europe higher this morning as well. there's been a muted response so far to a warning that it could downgrade the u.s. credit rating if there's no credible plan to cut the deficit in the next few years. today we get data on home prices and consumer confidence. the dough leapt 291 points to close at 11,523. the nasdaq was up to 2527. shoppers may be icing down their mouse clicking fingers today as cyber monday proves to be more popular than ever. web traffic was up about 43% from last year while ibm smart commerce reporting sales rose 18%. electronics is the most wanted item. ebay saying the white apple ipad

2 sold out in less than two hours. and facebook gearing up for an ipo next year between tril and june. that's worth twice the market cap of fortune 500 giants, hewlett-packard and 3m. >> that will be smoking. speaking of that. deja-fog all over again this morning. >> unfortunately a lot of people have to get back to work after the holiday weekend. you didn't have to drive through the really thick fog. once again that fog will slow you down. we have visibilities down to a quarter mile in parts of oakland. you'll only see 50 to 100 feet this morning. that's registering the lowest viability right now. wherever you're headed, give yourself plenty of the time to reach your destination safely and count count on a slower than

average commute. we have visibility that looks pretty good right now in concord or livermore. still down to half a mile in fairfield. a quarter mile in novato and santa rosa. and even the usual suspects always get the fog. we also have places like san jose through los gatos where we don't typically get that many foggy days. just pea soup. give yourself plenty of time. as we wake up tomorrow morning, we're not dealing with much fog. the focus will be on the very strong wind that will start to develop just after sunrise wednesday lasting all the way through your thursday. a high wind watch has been issued for the north bay mountains, the east bay hills and all the higher elevations in the area. we could see downed power lines because we're expecting wind that are very, very strong. upwards of 70 miles per hour. the strongest gusts. so that's very, very close to hurricane-forced winds in the higher elevations through tomorrow. this is not anything that we're taking lightly. so you'll hear a lot about this thursday morning. windy through the hills.

power outages possible. enjoy today, al thee it will be foggy, we'll get sunshine in the afternoon. temperatures on the mild side. 64 today. in morgan hill 63 at fremont. your seven-day outlook shows we continue with the fair stretch of weather. no rain in the forecast. the temperatures will hover in the upper 50s and low 60s inland and the coast through the next seven days. gusty winds in the forecast wednesday and thursday, we talk about that all morning long. 4:49 right now. three connecticut businessmen are now multimillionaires. >> they won a $254 million jack pot. they worked for an asset management firm that invests in real estate, henl funds and private equity. with the odds of 1 in 195

million they struck it rich. they decided to give $100,000 to the owner of the store that sold them the winning ticket. >> it's a nice thing to wake up to on a monday morning with the business climate the way it is to have some extra money all the sudden thrown at you. >> the men say they'll give a significant portion of that to charity. this was the largest ever in the state of connecticut. and if you're keeping score at home, that's the 12th largest in power ball history. that's pretty amazing. good deal. >> good return. 4:50 now. lektd rik cars may be the wave of the future, but there aren't too many places to charge them. >> south bay city wants to change all that. what they're doing to make owning an electric car more convenient. >> plus, leave the chimney

jumping to santa claus. why a texas man had to be pulled out of his own. >> and a nice drive for 24 out . ive a warning for folks headed through that tunnel.

welcome back, everybody, on this tuesday morning, that is san jose deep in the fog. it looks like you can cut it out there. we are warning everybody to be very safe and cautious driving

into work. it is thick and tough to see through. the time is 4:53. >> speaking of driving, the south bay city wants to make it more convenient for people to drive electric cars. we will talk about a plan to require new developments for electric car charges to make it easier to charge it on home. the focus will be on prewiring and not installing charging stations. the meeting will be held at 6:00 tonight. local dungeonous crab is back on the menu. the first could arrive today. bay areaermen voted yesterday to end their price dispute with proce processors. they agreed on a price 25 cents less than what the fishermen wanted. the season opened november 15th. the fishing industry inside is safe. this is the first time in two

decades anything other than weather kept fresh crab off the table. >> back to happy eating for one and all. pg &e crews bracing for powerful wind gusts. emergency workers are on alert and they are ready to deal with wind gusts up to 60 miles per hour. of course it causes outages. pg&e set up an information line for customers going through the power outages. >> that can that wallet, jon. the san jose earthquake new stadium is yet to be built, but the team is already selling the seats. they will sell 12 luxury seats for the new stadium. the suites will accommodate 23 people each, and they're selling for 350,000 for five-year

contract. >> cool. >> quick to the play there. first in the news. $60 million stadium in 2013. >> so we go 50 cents each on one power ball ticket. >> i'll pay 4. you can guys can pay 33 each. >> perfect. >> we're looking at highway 24. i told you there would be an issue through the westbound direction. with the dense fog, the heavy fog throughout the area it is going to be tough to see any construction zone. at least early morning until things get crowded. at the bottom of your screen we have construction 880 around fruitvale. leave an extra lane between you and the construction zone. it's so tough to see. so allow extra reaction time.

back to you. no reindeer, no sleigh. just a guy stuck in a chimney. it all happened in texas. robert loveless was locked outside with his wife and kid in the car. he decided, how about i jump in the chimney. he got stuck. not as slick as old saint nick. after a while his wife got worried and called 9 # 1. the wife hoisted him up. asiderom pride it's reported he doesn't really hurt. last year, hayli got a life-saving gift from her mom.

my mommy! that's right... your mommy donated her immune cells to help destroy your leukemia. st. jude children's research hospital pioneered this breakthrough that's helping save kids like hayli across america. thanks for letting me play with her. thanks for my daughter's life. thanks for giving to st. jude. give thanks for the healthy kids in your life. and give to those who are not. go to st. jude.org or shop wherever you see our magnifying glass. es cells throughout your body. the latestesearch shows cigarette smoke contains over 7,000 chemicals that spread through your blood vessels...

causing inflammation and clotting... restricting oxygen flow... and doubling your risk of heart attack and death... i'm dr. regina benjamin, u.s. surgeon general. with each cigarette, you have to ask yourself: "is this the one that will cause a heart attack?" if you really want to quit smoking, call 1-800-quit-now. i'm damien trujillo where yet another child is fighting for his life after another shooting. details coming up. plus, back on the