us, then shot and you're watching cbs5 eyewitness news on the cw. identified as suspicious then shot and killed. the circumstances that brought officers and sheriff deputies swarming into the foothills of san jose. our union is unified at least according to the president. now we need to get back to the business of getting ahead. what he will do to get americans back to work. and support where you didn't know it was needed. times and shapes they are a changing. and for women, that's bringing on the l cup bra. welcome to our viewers on cbs5 and on the cw. i'm dana king. >> i'm ken bastida. a small army of police officers and sheriff deputies have been in the foothills in san jose most of the day.

authorities first headed out to the eastern foothills this afternoon following reports of a man with a weapon. when it was over officers had shot and killed a man. and joe vazquez on what the neighbors saw and heard. joe? >> reporter: it happened just beyond this fence line here in a rural area known for its large ranch houses. according to the alameda county sheriff's department a man was shot after confronting law enforcement with a knife. >> reporter: a small army of what appear to be search and rescue workers gathered to get a briefing from police. they are helping investigate an officer-involved shooting. a santa clara county sheriff spokesman said it was a san jose police officer who shot a man along a creek bed behind this house in the east foothills. >> pop, pop. just gunshots. >> reporter: brian was feeding his farm animals when he heard the shots around 12:30 p.m. in the afternoon then watched all the officers swarm into the area. >> talked to a sheriff deputy and he stated there was a

suspicious person that was reported and then lawence forcement showed up. approached the man down in the ravine and he came back with an undisclosed weapon and shots were discharging. >> ardelle is the owner of this property. he says he doesn't want to talk about it on camera but he tells me a neighbor came running up out of breath telling him he had just been threatened by a man with two naive -- two naive knives. >> upon arrival they encountered a suspect on the property at which point several shots were fired and the suspect was pronounced dead at the scene. >> reporter: the sheriff's department is still not saying exactly why the officer opened

fire. as for what that man was doing up here ardelle johnson says he doesn't know the name of the neighborhood. he said that neighbor that was frantic, breathless was saying the man had stolen something from him and when he chased the man out here, somewhere out here in these woods the man confronted him with two knives and obviously that's what alameda county sheriff's department will be investigating. >> joe vazquez, thank you. some new information about a body found in a burning car. police now believe that the victim, a woman, was killed about 90 miles aways and then her body was driven to san francisco where the suspect torched the vehicle. the murder suspect is 29-year- old almon johnson under arrest for killing 23-year-old vanesa heraro. >> the suspect has family

members that reside here in san francisco. so he has obviously been here. he was familiar enough with the area and we believe that's why possibly he drove here. >> relationship between the suspect and the victim is not clear. but police did say that they do know each other. congresswoman gabrielle giffords has made such strong progress that she is ready to go to rehab. she has been in intensive care since arriving in houston because of fluid on her brain. but tonight doctors upgraded her condition from serious to good. tomorrow morning they may transfer her to the rehabilitation hospital. well, not so much a laundry list of promises as a set of goals. president obama gave his state of the union tonight. and on his agenda were typical speech staples like spending less and exporting more. but he also pushed for technology and for america to lead the way in finding the next big thing. joel brown with what the president is calling our

sputneck moment. >> mr. speaker, the president of the united states. [ cheers and applause >> reporter: there was a new sense of unity on capitol hill as lawmakers welcomed the president for his state of the union address. >> what comes at this moment will be determined not by whether we can fit together but whether we can work together tomorrow. >> reporter: the president spoke to a newly divided congress with many republicans and democrats sitting together in the wake of the shooting that wounded their colleague gabrielle giffords. and the family of the youngest victim and some of the heros sat next to the first lady. >> the challenges we face are bigger than parties and bigger than politics. >> reporter: prodding congress to work with him proposing targeted spending in education, technology and infrastructure. >> we need to out educate and out build the rest of the world. >> reporter: president obama tried to balance what he calls new investments with a five-

year budget freeze on everything but defense and entitlement programs like social security. >> every day families sacrifice to live within their means. they deserve a government that does the same. [ applause ] >> reporter: republicans who now control the house say the president's plan doesn't go far enough to get spending under control. republicans offering their official response. >> we face a crushing debt and will soon eclipse our entire economy. >> reporter: they still find themselves far apart on most issues. joel brown, cbc news, washington. big developments in the arab world tonight. first egypt. tens of thousands taking to the streets demanding that the president for the last 30 years step down.

it is an unprecedented protest against the president. police used tear gas and water canyons to control the crowd. in lebanon, sunni muslims that the shiite group hezbollah won a political battle. many lebanon regard him as a sellout. with this the hezbollah which started in the 80s as a guerilla group is now calling most of the political shots in lebanon. well, it has been a week since a little boy was kidnapped. still no sign of his or his alleged kidnapper but we are hearing something new from his family tonight. kiet do on what they hope will bring the little boy home. kiet. >> reporter: ken, first, through that investigation, it has expanded to include a

stretch of the canal that spans more than 10 miles and today they had an airplane up in the sky to look for bodies that may have floated downstream. but here at the family home they still believe that the two are still alive. they believe that somebody might be hiding them. and one thing we did not expect to hear tonight was forgiveness. it is day 8 and the family, emotionally drained, have softened their tone. >> i forgive you jose if you are watching this. i forgive you. >> god is with us today. >> reporter: at the family moment a candle light prayer vigil marks a full week since jose rodriguez allegedly snatched the little boy from his grandmother's arms. ribbons and a growing altar give the sense they are in this for the long haul. >> i forgive the guy that took my grandson. i forgive him the bottom of my heart. >> reporter: still, no sign of the boy in the canal. just a total of nine vehicles

recovered including a motorcycle. >> our dive teams were frustrated for as long as they have been in the water searching for a vehicle. they haven't been able to identify that. >> reporter: a farm worker saw a man and a boy in a vehicle matching the description disappear into the deep waters four miles away from the alleged kidnapping scene. he is not the biological son however the boy's mother is eight months' pregnant with the suspect's baby. a doctor tells her the stress has not affected the unborn baby. it is a girl. >> if you're watching this, jose, look at your daughter. don't do you want to see her? please turn my little boy in and you can go about your life. you know that's all i want. >> reporter: the family is now collecting a reward pot at a

local bank to facilitate the safe return of the little boy. the divers will be back at 9:00 a.m. tomorrow morning. ken. >> heartbreaking. kiet do in patterson. thank you, kiet. it took just about as long for him to commit the crime as it did for a jury to find him guilty. daniel goodwin was convicted today for two charges for his climb up san francisco's millennium tower. goodwin said he climbed the building to raise awareness about the challenges facing firefighters in highrise buildings. goodwin faces up to a year in jail and additional fines. say good-bye to plastic bags at grocery stores in marin county. the county board today voted to ban the bags beginning next year. there will also be a 5 cents fee for paper bags. a lawsuit attempting to overturn the plastic ban is already in the works. it is a side of bullying

that doesn't get much attention. vicious fights between girls as young as seven. it is happening here in the bay area. how one school district is trying to stop it one school at a time. >> if you're gifted sometimes it gets harder. until now. there is now ground being broken in the world of women's underwear. the company that says there's a need now for an l cup. and an international superstar taking a gig with a silicon valley company. what will i am will be doing at intel. silicon valley high temperature topping up at 70 degrees. it was the seventh day of record warmth. will wednesday be your eighth day? pinpoint forecast as eyewitness news continues on the cw. [ male announcer ] myron needed an mba to turn his technology into a business.

so he chose a university where the faculty average over 14 years of experience in their fields... to help him turn a thesis into a business plan and accelerate the path between ideas...and actions. my name is myron sullivan, i'm developing a robotic system to clean up oil spills, and i am a phoenix. [ male announcer ] imagine what a business degree can do for you. with six bay area locations, one is closer than you think. secret a that we have been hearing a lot about bullying lately but there is a nasty little secret about bullying that hasn't gotten a

lot of attention. a local study shows that girls are violently targeting other girls and it is getting worse. the contra costa women's commission found that 100% of the elementary schools that responded to the survey said that they had cases of girl-on- girl violence and it begins as early as 7 or 8 years old. >> we have to do something about it. if we don't do anything now, in a few years it will be too late. the violence is going to be worse. and the young people won't be around because they probably will be killed or have committed suicide. >> the san ramone valley school district has had antibullying programs for the past decade. this year the district added a program making one person on campus responsible for confronting the problem. whether you consider it a blessing or a curse, there is some big news for top heavy women. there is a new letter on the block and by the block we mean the bra rack. on our consumer watch tonight

julie watts introduces us to the l cup. >> reporter: no matter your shape or size. >> 34d. >> 38d, 38dd. >> reporter: it is important to get hooked up with the right cup. >> i think it is important to have good support. you want to keep them -- >> reporter: it is estimated 80% of ladies are laced up with the wrong size. the average size is 36dd and biggest bra we could find was a 44h. but there are many women who are even more well endowed and for them -- >> if you're gifted sometimes it gets harder. >> reporter: until now. >> introducing the first ever supersize l cup bra released by a british company. >> i think if you need an l size, an l size is great. >> reporter: the company claims the l cup gives more support and comfort than their previous

double k. this lingerie owner is open to the idea of bigger bras and has noted more demand in recent years. >> the fashion is for the small women and very much the bigger women. >> reporter: she says it is not that women are necessarily getting heavier they are just realizing they don't have to squeeze into a size that is clearly not their own. >> they have a choice and they have different styles and different colors and they can look and they are beautiful. >> reporter: and now beautiful just got bigger. on the consumer watch, julie watts, cbs5. >> what about sports bras? roberta? >> what about them? >> i always wear those extra smaller. since you're asking. >> that's why i was asking. >> yes. >> all right. >> figure we could round it out with a sports bra. >> i guess you can round it out. i'm going to round out your numbers today because we spanned anywhere from 60 degrees in san rafael.

looks like for the most part, topping off at 70. 70 in downtown oakland. richmond a brand-new record at 69. breaking the old one established back in 1984. tonight overnight we will see some areas of patchy, dense fog in the far reaches of the northern portion of our district as well as the east bay. seeping in towards walnut creek as well. low 50s with the clear skies at the beaches. your morning commute. you will have the fog and if you're traveling to the central valley we do have dense fog advisory in effect. stockton all the way through fresno. temperatures 40s to 50 out the door. storm track. north of the bay area. huge dome of high pressure not going anywhere very quickly. in fact, latest computer model suggesting maybe a 20% chance of a rain drop or two from far reaches of sonoma county. a slight chance. other than that, i don't see any rain in our forecast through february 8th. so we will keep you on track of

this. precipitation of normal stats. 116 in santa rosa. but these numbers will go downward each and every day when we do not have any rainfall. and tomorrow record warmth anywhere from the 60s at the coast side through the bay all the way into our inland areas. we will have a handful of 70s. when you take a look at the extended forecast. 76 degrees where they experienced 76 degrees. today 72 in santa cruz. same story again tomorrow. then again on thursday. after the fog dissipates slightly cooler friday then a little bit more seasonal over the weekend. could see some breezy conditions on sunday due to that area of low pressure to the north. otherwise, the dry weather pattern will continue and so will the dense fog in the morning hours in our inland areas. gene farley thank you for snapping this photograph at 10:00 a.m. this morning. we welcome all of your photos. who knew it was so foggy? >> unless you see photographs like that.

>> a lot of people were talking about the very dense fog in the central valley so please be careful. >> roberta, thank you. michael jackson's doctor pleaded not guilty today to a charge in the pop star's death. dr. murray charged with providing jackson with a lethal dose of drugs. his attorneys say that jackson injected the lethal injection of drugs while jackson was out of the room. intel has a new front man. will-i-am will be the new director of creative innovations. the company says that it will be a hands on creative partnership. the grammy award winning musician will be assisting with the development of devices including laptops, smartphones and tablets. intel is hoping to gain the attention of a younger generation by incorporating

entertainment and technology. oscar nominations came out today and "toy story iii" was nominated. the film's director talked about the movie's appeal. >> i know a lot of people enjoyed the movie. both audiences and critics found it to be highly entertaining and funny and emotional and meaningful to them. and i think that it just spoke to a lot of people. >> it earned a total of five nominations. the other best picture nominees are "the king's speech," "true grit," "black swan," "the social network," "the fighter ," "inception," "the kids are all right." >> guess i have some movies to see. when e-mail became indispensible. that's coming up in ken's good question. ,,,,,,,,,,,,,,,,

after the illinois supreme court ruled rahm emanu a printer was literally ordered to stop the presses

today after the illinois supreme court ruled manuel's name must be on the ballot for the chicago mayoral race. yesterday a state appeals court said that the former white house chief of staff could not run because he did not meet the one-year residency requirement. early voting starts on monday. well, this point we couldn't really function as a society without it it seems but there was a time. sharon in santa rosa wants to know how was e-mail started. that's tonight's good question. >> reporter: we hit send and that's about all the thought we put into sending e-mail these days but did you know that e- mail has been around longer than your computer. >> most folks think the internet, i first remember that in the early 90s. that must have been the beginning of e-mail. not even the early 80s. not even the early 70s. you've got to go back to the

early 60s when the first e-mail was being sent right around 1961. brian cooley said it all started with private corporations and universities over elaborate electronic systems. e-mail didn't really get going to the public until decades later. >> that goes back to what was called the arpa net which was the original internet founded by the united states department of defense. >> reporter: the public e-mail we now know dates back to the mid-80s and has progressed with major advancements from internet service providers and a system of complex linked servers and computers that takes your message, blasts it apart and reassembles it in milliseconds. sometimes the internet is faster than going across town. go to cbs5.com.

click on the icon, send me your good question. i'm dennis o'donnell. we have an update on the surfer who was pulled from the water at mavericks next. rocket scientists!

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him at mavericks is doing better the surfer who nearly drowned three days ago when a wave crashed down on them at mavericks is doing better tonight. wayne, start the clock. according to stanford hospital the 30-year-old surfer has been upgraded from critical to fair condition. the accident was captured by a series of photos that a witness snapped from the shore. australian open. quarterfinals. coming to the net.

powering it past. playing roger federer in the semis. australian open doesn't do it for me. number 1 in the near court. losing the first set but winning the last two. look at the lob shot, ken. this is what i do like. that is a nice tennis shot. number 1 ohio state. against duke, number 12. improving to 21-0. you know the other school that is undefeated? you're alma mater, roberta. you're looking at michael vick. he signed a sponsorship deal with unequal technologies. a football pad company that supplied the quarterback last season. that's his fist deal since getting out of prison. i heard the buzzer. i am out of time. great to have the minute back. >> keeping you on track.

>> is that what is on next, judge judy? >> we will see you at 11:00 p.m. captions by: caption colorado, llc 800-775-7838 email: comments@captioncolorado.com [ male announcer ] when sean was looking at mba programs, he wanted a curriculum designed to meet market needs, with faculty who brought real-world perspective on where the business world was headed and the practical experience to help him make an impact. my name is sean blankenship, i'm making the electric car more accessible, and i am a phoenix. [ male announcer ] imagine what a business degree can do for you.

with six bay area locations, one is closer than you think.