. >> reporter: good morning i'm amy hollyfield live in san jose. developing news from oversight. san jose police have shot and killed a man. we'll tell what they are saying about the incident, coming up. >> reporter: i'm terry mcsweeney at the federal courthouse in san francisco. barry bonds will be coming to get his sentence for obstructing justice in the balco steroids investigation. no matter what happens this is not the end of the case. dean johnson will tell you why, coming up. cooler this friday morning. you saw terry and amy bundled up, temperatures almost 15° cooler than yesterday in some areas. freezing fog possible in the north bay valleys, dry forecast the next he seven days. traffic looking great right now.

friday light, if you will. minor delays bay bridge toll earlier problems cleared. dozens of people have spent all "nightline"ed up in the cold to make sure they are among those no -- who get to take part in a holiday grocery hand-out at glide memorial. >> you heard mike say 15° colder in some places. 6:01, thanks for joining us i'm kristen sze. i'm eric thomas. in san jose detectives trying to figure out what triggered a deadly shooting involving one of their officers. amy hollyfield is live near the scene. >> reporter: actually, that's where we were, police told us it was where it happened we didn't see any officers. we felt like we were in the wrong place they've since given us a correction this is more of what we would peck to see at the scene of an officer involved shooting. now we are at inmanway -- inman way. not sure why that was the

original address they gave us this is where it happened at 110 -- 11:30 last night they approached adult man. they told us through a press release he was acting in a threatening manner. one officer shot the man in self-defense and the man died. they haven't said whether he was armed or why they were trying to make contact with him. they haven't told us his name or his age. they have said they will give us more information later today. we -- this is the eighth officer involved shooting in san jose this year compared to four last year. they have been on the rise this year in san jose. we asked them about that earlier this year. they pointed out they say the city is getting more violent and there are fewer officers on the streets to deal with the violence because of budget cuts. again, they told us they will give us more information later today. at this point they are still on the scene and this street here on inman way is blocked off right now to traffic.

amy hollyfield, abc7 news. a man suspected of kidnapping and raping an oakley woman has been spotted in southern california. police say 45-year-old stephen paul clark met the woman saturday night at an oakley tavern. a highway patrol officer reported seeing clark wednesday in san diego county but he escaped before he could be taken into custody. clark has been convicted of rape in texas. and is considered armed and dangerous. a few hours from now barry bonds will find out whether he will spend the next 21 months of his life in prison when a judge sentences him on obstruction of justice charges. terry mcsweeney joins us live from the federal court house in san francisco with a preview. terry, we know barry would rather go home than go to prison. >> reporter: absolutely. what a difference the sentencing will make in the life of barry bonds. even when the sentencing is done the case may not be.

dean johnson joins me now. prosecutors want 15 months in prison. the federal probation department is saying house arrest and maybe community service would suffice. where it is going to come down? >> i think the judge is going to do what she has done in previous cases that presented similar facts and charges. i think barry is looking at something between six months and a year of house arrest, the recommended two years of probation, small fine and community service work. >> reporter: the probation department is saying they are siding with the defense attorneys and saying that house arrest would be plenty. no matter what happens today, this is going to continue on because bonds' attorneys say they are going to appeal the one conviction. you don't think it has much of a chance of winning on appeal? >> no. this is a very factual case a pellet courts look at law. if there are -- appellate

courts look at law. if there are errors of law that is something the appellate court can consider this is up to the jury they had to decide whether barry bonds was evasive and that's the question you leave to the jury. courts are reluctant to overturn those types of decisions. >> reporter: even though it may be just house arrest he is still going to be a convicted felon. >> he loses some of the rights that we take for granted, the right toer is of on a jury, to hold public office -- to own or possess a firearm and an a panoply of rights that we consider being part of a citizen of the united states. >> reporter: abc7 news is going to bring you the sentencing live midday 11:00 is when the hearing begins it is supposed to last 20 minutes. we are going to have vic lee in the courtroom, jonathan bloom in front of the courtroom with me. dean johnson will be on the set we will have this covered when the sentencing comes down for the all-time homerun king.

taina hernandez -- terry mcsweeney, abc7 news. the oakland tribune reports officials say they are fed up with violence, drugs and dog bites and filth at the camp in civic center park and threatening more arrests and citation. a councilman wants to start issuing stay away ares to troublemakers. the city manager's office handed out a memo saying the situation in the park is unacceptable and details of the crimes reported by police in the past eight weeks. harsh sign outside san francisco glide memorial church people began lining up last night for a food give away that doesn't begin for another hour and may have. the church is plan fog give away 5500 bags of groceries. people in line last night were told -- told us they were worried that if they didn't get there early they wouldn't get one of the bags. >> it is so cold this morning you can people it, even

freezing fog possible in some places. >> let's check in with mike. >> let's look at temperatures from one degree cooler in livermore and los gatos to two in san francisco, three fairfield, four antioch. eight half moon bay, nine hayward and mountain view, 10 san so hey, redwood city 11, 16 novato, 15 santa rosa, 14 napa, definitely a difference this morning. where the freezing fog has got my attention is up in santa rosa, 30°, quarter mile visibility, some ice possible there. fog not as thick in novato temperatures freezing for you. mid 30s around napa, con corp, redwood city, -- concord, redwood city, everybody else in the low to mid 40s. quarter mile visibility in santa rosa, novato six, a little fog around napa, three mile visible, that's not enough to make any freezing fog. plus temperatures 33 now, so

it is close. temperatures stay pretty much the same by 8:00, a few lingering affects of the fog not only here but along the coast near san francisco. by noon, all the fog is gone, left with sunshine and low 50s may hit mid 50s around napa and fairfield all of us mid to upper 50s by 4:00. all seven days are dry even with astronomical winter starting wednesday. have a great day here's frances with an update. east bay someone dropped a tool box on northbound 680 past livernois, chp at the scene they've got most of the debris on the showedder they might be running traffic breaks northbound out of danville that could slow traffic a little in the area as they clear that up. we'll show you 680 walnut creek, most commuters heading southbound, no problems. past north main down through the san ramon valley so far fine through the sunol grade.

san mateo bridge looking good, there was an earlier wrong-way driver reported an hour ago. luckily that didn't cause any problems. it will wake you up if you see it on the freeway. 6:09. >> beware of falling mars probes. russia's new warning that could have everyone on earth keeping an eye on the skies. , a holiday freebie. the deal merchants are offering that could leave more money in your wallet. folks who brought you farmville are about to cash in on all those virtual props, a look at zynga's billion dollar ipo this morning.l@l@l@l@l@l@l@@

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>> closed captioning brought to you by mancini sleepworld. :13 now. a russian space probe that should be headed for mars will crash back to earth next month. the agency says the unmanned probe got stuck in earth's orbit after it was launched november 9th. engineers say the toxic fuel onboard will burn up on reentry. up to 440 pounds of fragments will come crashing down. no one is sure where. one gauge on the spacecraft contains a small amount of radioactive cobalt 57. officials say it should not pose a health threat. today is free shipping bay in more than 2100 merchants have signed up to take part and as the name implies those merchants will ship and deliver your orders for free, big box retailers and small businesses are taking part. businesses like it because

they say it boosts sales. consumers like it obviously because it saves them money. the one-day event promises delivery by christmas eve, today is the last day someone could ship something and have it arrive by christmas without paying extra. we have a link to participating merchants on abc7news.com. san francisco-based zynga is hope fog go from sharing words with friends to wealth with friends. shares of the social gaming giant will hit wall street in 13 minutes from now. katie marzullo is live in the newsroom. this could be the biggest tech ipo since -- >> since google and that was seven years ago google raised almost two billion dollars in its ipo. beginning makes games. this morning the company is going public and it is going big itch the opening price is set at $10 -- big. the opening price is set at

$10 a share, making for a one billion dollar ipo some state price will go up once trading begins. experts seem excited, saying this ipo gives social media more street credit. some say it say barometer of how big facebook stock will be when it goes public maybe next year. another feather in the cap, zynga's ceo and other company officials get to ring the opening bell from inside their new san francisco head quarters -- headquarter there's morning. 6:45 jane king will have a live report from the new york stock exchange. we should see how trade something going at that point.=% katie marzullo, abc7 news. that's the irony, jane will be in new york but the bell ringing will be here. right now, let's check in with the mayor of weatherville, that's you. >> you have seeds for me or something? >> i voted for you did you vote for me?

hopefully everybody will have a good time with the stock today. mayor? if you like sunshine and seasonal temperatures, vote me in. san francisco is clear now, a patch of fog rolled through, fog every starting to clear. visibility one and a quarter mile in santa rosa, good news, likelihood of freezing fog diminishes with the lifting of the fog there. across the state this time yesterday we were watching rain here right now the rain is in the desert just east of san diego heading into the baja. everything quiet as far as our weather goes. temperatures as i mentioned, 28 santa rosa, still freezing 32 novato mid upper 30s napa, fairfield, concord the entire peninsula into san jose antioch livermore east bay shoreline san francisco half moon bay loss foes know to lid 40s mid to upper -- 30s, 42 monterey 29 -- gilroy.

this afternoon sunny breezes if you live above 1,000, even 2,000 feet it mass within been a breezy night gusts up to 20 miles per hour in the oakland hills. 63 miles per hour mount lab low. not as cool this afternoon, sunshine will buy nice mild weather to our neighborhoods -- will bring nice middle weather to our neighborhoods. clear, cool tonight dry pattern hangs around for seven days. upper 50s to near 60 in the south bay. upper 50s to low 60s on the peninsula. mid to upper 50s along the coast. north bay your coast in the mid 50s, inland upper 50s to low 60s. oakland 60, everybody else along the east bay shore upper 50s, mid to upper 50s in the east bay valley, some of the coolest weather there. upper 50s monterey and carmel, the rest of bay even inland in the low 60s. tonight, more 20s, fairfield,

napa, clear lake, cloverdale, santa rosa low to mid 30s rest of the inland valleys. san francisco, oakland san mateo, half moon bay low to mid 40s two areas of high pressure, one dominating the eastern pacific, one dominating the western united states, pushing the storm track well north with this high over the great basin that means an offshore downsloping and drier wind that will bring a lot of sunshine today and tomorrow. to a lesser extent, sunday, monday temperatures may drop a couple of degrees. tuesday, wednesday, thursday, partly cloudy to partly sunny, temperatures still in the mid 50s to near 60 even with astronomical winter starting wednesday no rain in this forecast. back to 680 where apparently they need a sweeper crew to make sure all the debris is gone northbound past livernois, traffic still going bying there were a -- la

srorpb that. here's westbound 80 for headlights just getting more con investigationjed -- conjested. still fine to the bay bridge toll where the back-up now to the end of the parking lot for the cash paying lanes. golden gate bridge commute looking great this morning. south bay 280 and 17 interchange, looking great northbound on 280 and that's highway 17 which is problem-free out of the santa cruz mountains. get traffic when you need it by going to abc7news.com/traffic 6:19. you wouldn't think there could be another chapper to to steve jobs' biography, but it is in the works. the biographer told fortune magazine's editor he might expand the 630 page book that jobs asked him to write. he says there could be an addendum that describes the period around the apple co-founder's death in october. the biography is amazon's best

selling book of 2011. a secret santa. the good samaritans who are spending hunts to pay for your "techbytes," i'm rob nelson. th

a young man with a problem getting home by curfew, pulled out of a chimney by

firefighters after several hours trapped inside he stayed out later than he was supposed to and tried to sneak back into the house the same way old st. nichol in. he wasn't hurt and didn't -- have much to say. >> wasn't physically hurt. new holiday phenomenon gaining track should be nationwide people paying off layaway balances for strangers at stores like target and wal-mart. the latest act, a woman walked into a kmart in indianapolis to make the holiday brighter for as many as she could. employees said they had never seen anything like it. >> she said she had money and wanted to make christmas happy. it was like an angel dropped out of the sky. >> she paid off 50 layaways then handed out $50 bills went to check-out paid for $400 worth of toys. she told store customers to pass on the kindness in the name of her late husband. >> that's the story of the

day. still ahead, wading into the debate over capital punishment. the judge who appears ready to nullify the new death penalty protocol. >> the sting operation that could leave san jose a bit cleaner. >> a normally civil forum turns into a circus as members of the occupy movement shout down the mayor of oakland. >> reporter: san jose police still on the scene of an officer involved shooting. up next, why they felt like they had to shoot and kill a man. the story coming up. we have travel delays developing in philadelphia, newark flight departure delays everybody else on time during this holiday season you will want to use our flight tracker abc7news.com at the bottom. úúúúú

it is 6:29. you want to focus on the left of the screen zynga headquarters san francisco where the nasdaq opening bell is about to ring remotely from this location because stkpeupbg is the focus of wall street the online game maker

is ringing the bell, the ceo there, other executives waving. zynga is selling 100 million shares priced at $10 on this ipo day. wilt raise one billion dollars. it is a -- it will raise one billion dollars the biggest tech ipo since google in 2004. we'll go live not new york stock exchange in 15 minutes to see how zynga shares are doing. in other news, in san jose detectives are trying to figure out what triggered a deadly shooting involving one of their officers. amy hollyfield is live near the scene. >> reporter: they are still here working the case. this happened last night at about 11:30. they came here to this location in east san jose to attempt to talk to a man. they wanted to contact him but they haven't said why. they put out a press release. they say the man displayed

threatening behavior. at least one police officer shot him in self-defense. the man later died at the hospital. officers have not said whether he was armed and why they were trying to contact him. they haven't given out his name or his age. san jose police involved shooting ares on the rise this is the eighth one this year compared to last -- when they had four. the last time we were covering one of these shootings we asked about the increase they said they expected to see more. they say the city seeps to be getting more violent and there are -- seems to be getting more violent and there are fewer officers on the streets because of budget cuts. officers have said later today they will release more information about what happened and why they felt like they needed to shoot and kill this man. amy hollyfield, abc7 news. memorial service will be held this morning for the toddler who died from injuries he suffered in a mass shooting in west oakland. hiram lawrence was shot in the head a few weeks ago and was

taken off life support last friday. he and six others were shot no arrests have been made. his memorial service will be on 66th avenue at 11 a.m. open to the public. today former giant barry bonds will learn if he serves time for obstructing justice. his lawyers are doing everything they can to keep him out of prison. terry mcsweeney is live at the federal courthouse in san francisco where s will be later on today. >> reporter: bonds now stand -- stands convicted of one count for obstructing justice forgiving evasive answers to a grand jury in 2003 looking into the balco steroids scandal. prosecutors want bonds to spend 15 months in federal court. the probation department officials want him to spend a combination of community service and house arrest.

his attorneys want straight probation. joining me legal analyst dean johnson. which way do you think the judge will go? >> i have no doubt she will go for house arrest and probation. she has had two similar cases in which she has done that. more importantly, she has announced as a matter of principle she thinks that the people who were the users of designer steroids and got themselves in this shouldn't spend more time in jail and shouldn't suffer more than the guys who invented and actually sold those designer steroids. >> reporter: bonds' attorneys are vowing to appeal the one conviction. they have a couple weeks to get that done what do you think the chances of that are? >> i have no doubt they will file the appeal they have one of the top appellate lawyers in the country on their team. whether the appeal will be successful, i have my doubts this was a very factual case. and the fact that barry bonds was evasive in answering questions posed by the prosecutors is something the

jury decided. appellate cores reluctant to overturn those jury decisions. >> reporter: your overview of the prosecution s this a victory for them? they did -- did get a conviction? >> i would characterize this as a pyrrhic victory, yes the prosecution won, but the costs far outweigh benefit in exchange for short sentences on a few people who got themselves entangled in this whole affair, prosecutors have spent 52 s of the taxpayers' money. i don't think -- 52 million dollars of the taxpayer's money i don't think the benefits justify that cost. >> reporter: dean johnson, thank you. sentencing at 11:00 this morning we'll bring it to you live, vic lee inside the courtroom, jonathan bloom outside the courtroom we will have the sentencing as soon as it comes down. terry mcsweeney, abc7 news. there's been a massive

bust of graffiti taggers in san jose this is video of the crew called hysu posted on youtube. their name is an acronym that stands for have you seen us? san jose pd and arrested four charge them with 60 counts of felony vandalism. investigators say this faction of the crew is responsible for at least five -- $50,000 in property damage in the past three months. >> they will go out and cover as much territory as they can and put as much paint up that they can with their tags and whatever in k they can get up. >> all four will be charged with criminal gang enhancement which means they could face added prison time. >> mayor quan she's -- says she's disappointed after she was shouted down. >> they lost 40% of their business during that time -- >> some members of the audience stood up and turned

their backs to her every time she spoke last night. the mayor was the only city representative at the event. quan was up against three panelists representing occupy oakland. things reached a climax when the mayor talked about violence that occurred during the general strike november 2nd. >> a small group broke into buildings starting setting fires and that's all the nation saw. >> sorry mayor quan that's a misrepresentation. >> the interruptions continued even after some protesters were escorted out. another court battle looms over california's new lethal injection protocol. a judge is challenging the procedure. she says prison officials failed to properly consider alternatives to the three-drug cocktail used to execute inmates. she also says the state corrections department hasn't revealed the total cost of an

execution. state attorneys will get a chance to change the judge's mind today. california executions are already on hold while a federal judge considers a separate legal challenge pg&e has been given the okay to restore normal pressure to three peninsula gas pipelines after completing safety checks. pg&e reduced the pressure by 20%, shortly after last year's deadly san bruno explosion and fire. since then, the utility says it has worked to verify the safety of the pipelines through pressure testing, visual inspections and records verification. pg&e says restoring normal pressure will provide customers in san francisco and san mateo counties with adequate gas service during the winter. there's a stark sign of the times this morning outside san francisco's glide memorial church. people began lining up last night for a food give away that doesn't begin until 7:30 this morning. the church is plan fog give away 5500 bags of groceries.

people in line told us they were worried if they didn't get there early they wouldn't get one of those bags. we should give a special shout-out to the volunteers who woke up early this morning to help bag those groceries. >> indeed that takes place a little less than an hour from now. what the weather conditions now mike? >> cooler than yesterday, but at least they are dry. good morning. everybody cooler all the reporting stations between it is one degree in livermore to 16 in santa rosa, 13 napa, 14 novato, 11 redwood city, 10 mountain view, 12 hayward, 4 oakland and san francisco, nine degrees cool tkpher san jose, 28 in santa rosa to freezing 32 novato mid to upper 30s local -- until you get to the east bay shore. we have fog out there but it has liveed. i'm thinking the threat of

freezing fog is waning as the moisture is not as plentiful as it was. 8:00 this morning, temperatures pretty much the same as what they are now. we still have fog around until 11:00 by noon total sunshine, 49 half moon bay, low to mid 50s for the rest of us towards 4:00 we'll top out in the upper 50s to low 60s at 4:00 we'll drop back into the mid to upper 50s. it is die all seven days even with astronomical winter -- it is dry all seven days even with astronomical winter starting. i'm shopping for tools anywhere i should go? >> on the freeway northbound 680 they had to stop all lanes for five minutes. now it is open. there are a few cars off to the shoulder that is unfortunate for those guys. green out there, even looking green as we make our say

southbound through san jose despite an earlier injury crash in blossom hill still blocking the right lane. metering lights just turned on a few minutes ago bay bridge toll, fast track lanes backed up, cash paying lanes no delay. also we'll head out to another live shot, 101 in san rafael where the commute looks good, southbound just look out for that fog again mike mentioned in santa rosa, no problems here down to the golden gate bridge this morning. nice commute into san francisco. mike it is much safer to go to the hardware store and get that wrench than run out on to the freeway. a new idea to help entrepreneurs having trouble getting a work visa. >> we are keeping a close eye on zynga's ipo. you are looking at a live picture on the big board, dow

up 92. nasdaq up 26, we are going to go for a live report to new york. scientists state could be a landmark moment in the fight against aids. the new drug that could be the next step towards the virus. outpouring of support for a bay area middle school band that hundreds of dollars of donations stolen during a fundraising concert. how donors helping

welcome back. california forecast, 51 eureka, low 60s sunshine chico, sacramento, big sur breezes around l.a., palm springs and san diego mid to upper 60s, tule fog temperature dip into the teens at night 30s and 40s during the afternoon. if you are heading to southern california chance of showers in san diego saturday and sunday. more sun and warmer mid to upper 60s in l.a.. just wishing for a little natural snow, thanks mike. >> sorry too. 6:45. today the contra costa jewish community center in walnut creek is closing for good. the families of 70 children are searching for new preschool perhaps. seniors and adult daycare also displaced. wednesday the center sent a letter to members. the 27-year-old center has been struggling financially. last week the board decided to

lay often staff and sell the property. san francisco-based zynga, you probably played citiville or farmville one of their games. today they are playing who wants to be a billionaire on the nasdaq. >> join king joins us with more on this huge ipo. >> it is. the biggest since google. not yet trading but this is debut day and the maker of citiville and farmville. shares priced at the upper end of the range allowing zynga to raise a billion dollars. it will trade under the ticker. znga. we've had people on bloomberg television saying the company is overvalued we'll see what the market thinks.

stocks doing well. we are looking higher across the board. bloomberg index up more than 1%. one california start-up floating a new idea, blue seed wants to dock a ship off the coast where foreign entrepreneurs who can't get visas can stay while they try to create the next google. it will dock 12 miles southwest of san francisco bay. [ unintelligible ] founder of a palestinian is leaving -- found are of paypal is leaving. what a difference a day makes. yesterday we told you about the thieves stealing $700 in donations during the franklin middle school band's biggest fund er of the year. they've received the money back and then some. more than $3100 of donations

have poured in. the money will be used for new instruments and uniforms. the thief hasn't been caught. 6:48. let's check in with mike for a look at the forecast. we are talking the manmade snow in the sierra. >> it going to be awhile at least the next couple of weeks hopefully between christmas and new year's we'll get some fresh powder up there that mother nature will provide if you get the mercury news you noticed that. i wanted to share with everybody else in case you didn't know i put a weather blurb in there everyday. this time last year san jose had 10.94 inches of rain this year, 1.53. what a a year makes. both la nina years. both totally different due to other circumstances which we will delve into deeper in the newspaper in the next couple of days. i'll put it on my weather blog.

purples, blues of the morning fog, orange, yellows of thee5 sunrise about to happen getting temperatures off the ground 28 santa rosa, a lot of 30s and 40s running one to 16° cooler this morning. 42 monterey mid to upper 30s the rest of the bay into salinas. sunny, breezes in our hills taper today not as cool as yesterday clear cool tonight another seven days without rain mid to upper 50s east bay valleys some of the coolest weather today upper 50s 60 in oakland east bay shore slightly warmer upper 50s 60 south bay peninsula upper 50s low 60s mid to upper 50s along the coast upper 50s downtown and south san francisco north bay coasting mid 50s inland neighborhoods upper 50s low:çg/ 60s monterey bay upper 50s to low 60s then low 60s inland tonight cooler 20s around fairfield, clear lake, napa,

santa rosa and cloverdale the rest of us mid to upper 30s low to mid 40s oakland, san mateo, half moon bay and san francisco two areas of high pressure one eastern pacific one western united states over the great basin bringing the slight offshore wind sun and drier and cooler air. let's take a look at your seven day forecast. a few more clouds sunday and monday, tuesday, wednesday, thursday of next week none offer any chance of rain. check out this beautiful sunrise from the san mateo bridge this was submitted -- absolutely stunning justification there -- juxtaposition, excuse me if you have focus you would like to share, we would love to see them. things are starting to slow on the roads. still not horrible out there here's the bay bridge toll plaza with metering lights on backed up almost towards west for most lanes.

i-80 berkeley getting crowded. the drive time still 22 minutes from the carquinez bridge. 680 in walnut creek southbound traffic for most commuters just a few brake lights near north main in the northbound direction at red gear they stopped all traffic for a few minutes then opened it then stopped it again still trying to clear debris from a tool box that fell on not freeway earlier. south bay 280 in san jose for northbound commuters good out of downtown, 17 still find out of the santa cruz mountains. new crash antioch on the l street on-ramp to westbound 4 which is already slow. normal heavy traffic there as you make your way towards leverage. hillcrest to 242, drive time 18 minutes. get more personalized drive times by going to abc7news.com/ traffic. the san francisco planning commission has given the america's cup yacht race the

green light. last night they approved the environmental impact report. the public was able to comment on the plan before the commissioners voted. several say the report has been rushed and is not accurate. many organizes like the san francisco travel association -- urged the certification of the report because of potential long term benefits of the glow bam -- global exposure from the race. foster city pharmaceutical company is asking the government to make one of is drugs the world's first approved medication to help strength the spread of hiv. the drug has been shown in studies to sharply reduce the risk of hiv infection for those who don't have the as virus. our media partner spoke with the vehicle stiff director he says the implications are huge. -- several studies have shown the drug to be effective in

blocking transmission of the virus even for those who engage in risky sexual behavior. ing our top stories: san jose police investigating -- fatal shooting involving an officer. >> amy hollyfield is live at the scene. >> reporter: good morning. i just got briefed by san jose police officers. here's what they say happened. they were here on gang suppression patrol. they say this is a known gang neighborhood in east san jose. they saw a man drinking a beer in public. that is illegal. they went to talk to him and he took off. they chased him. police say he ran into a house. they followed him. once they were inside they say the man acted in a ning way. so an officer -- in a threatening way, so an officer shot and killed him. they aren't saying whether he was armed. the he was in his 40s they are looking into the possibility we was a gang member. they haven't released his name. police say it does appear their officer was justified in

shooting the man. our other top story is in san francisco. barry bonds will be sentenced today. terry mcsweeney is covering that big story for us. good morning terry. >> reporter: good morning to you amy. barry bonds is going to be here for the love :00 sentencing. according to prosecutors bonds should go to prison for 15 months. the homerun king coming to the same court for his trial where he was charged with four counts. three perjury, one obstruction of justice. the jury deadlocked on perjury charges. prosecutors will not retry bonds on them. they want bonds in prison for 15 months for giving evasive answers during that testimony in 2003 during the investigation of the balco steroids scandal. federal probation department says no, not prison, but house arrest as well as community service. defense attorneys want just probation. the judge is going to be making that decision this

morning. according to her frank record, it would appear she would -- her track record, it would appear she would lean towards giving bonds the recommendations of the probation department, which would be that he would get probation -- house arrest and community service. that is her track record she has sentenced people for pretty much the same crime in this same investigation. the hearing is at 11:00 this morning. abc7 news is going to be bringing you live coverage of the decision. vic lee will be in the courtroom i will be out here with jonathan bloom bringing you reaction and possibly conversation with attorneys. terry mcsweeney, abc7 news. final check on weather and traffic. current conditions we have a little fog in santa rosa and 28 the fog has lived considerably so black ice not a big problem. 32 novato everybody else above freezing now. sunshine this afternoon.

offshore wind will push temperatures up the scale into the upper 50s to even low 60s around palo alto, morgan hill, santa cruz, oakland, napa, santa rosa, cloverdale cooler into the east bay valleys like antioch, brentwood, oakley only upper 50s cooler tonight as the air dries, 20s in fairfield throughout the north bay valleys the rest of the north bay valleys into the east bay valleys low to mid fireties, 40s around san francisco and oakland. don't -- don't expect me more rain in the second seven days. new accident southbound 680 approaching vargas road crews en route now we could see slowing there this morning. bani walid -- bay bridge toll plaza, kind of what you would expect for friday. westbound heavy through antioch accident on the lone tree on-ramp to westbound 4, northbound 680 someone troop dropped a tool box slowing now

because they had to shutdown -- shutdown traffic temporarily to clear the lanes. injury crash southbound 101 -- no delays . >> thank you for joining us for the abc7 morning news. >> we'll be back with a local update at 7:24. me and mike are headed to the east bay to get some tools. we'll see you