after a clash with police and tear gas launched into the streets, calm has returned to downtown oakland. but how long? i'll have that story in a live report. i'm bob redell with a tragic turn of events after a driver refuses to pull over while talking on his cell phone. that story, coming up. a south bay man tries to do the right thing, but winds up dead instead. the news at 11:00 starts now. good morning, everybody. thanks for being with us at 11:00. i'm marla tellez. >> more tear gas, handcuffs and protesters on the run as demonstrators go toe to toe, literally, with police. >> police close in for the second time this week. streets, under siege as

protesters run for cover. this morning, the smoke has cleared and frank ogalla plaza in oakland. people behind the movement are not giving up, and neither are the police. christie smith is following this story for us. she joins us in oakland with the latest. >> reporter: it's fairly calm out here right now in downtown oakland, barely any sign of the clash between police and protesters where police end ed p lobing tear gas into the crowd. frank ogawa plaza still closed off this morning. police are still here, but barely. a lot of folks out here are wondering, what's next? the loudest noise at frank ogawa plaza were power washers, cle cleaning off where police shot tear gas into the crowd last night. one man was arrested in an early

morning tent city raid tuesday on the occupy oakland encampment with nearly 100 others. he was released to demonstrate again. >> i could hear the march of the crowd from yesterday in front of the jail from like my cell. >> reporter: what time did you get out? >> 10:00. >> reporter: 10:00 last night? >> yeah, 9:00 or 10:00. >> and then you joined the protests that were going on at that time? >> by the time i got down here, they already started gassing. >> reporter: nearly 1,000 protesters hit the streets of downtown oakland and a smaller group threw rocks, bottles and even paint at officers, refusing to leave. keith carson says he supports the message, but not all that's coming with it. >> we, as a community, have to figure out a way on which we stay focused on the issues, the issues of occupy wall street as opposed to the theatrics that are going on at this point in time. >> reporter: protesters say

police were way too rough with them but they are not giving up and some want to occupy the plaza in front of city hall once again and say they'll get even louder with their message of economic injustice. >> things are bad but nothing is being done. we don't want to battle the police. >> reporter: i do have calls into the oakland police department and city administrator's office, trying to get more information about the numbers and exactly what happened last night. still haven't heard back from either of them. i did run into the interim police chief just briefly this morning. they say they may have more to say later this afternoon, but meantime protesters are vowing to be back out here around 6:00 this evening. that's what we have from here, reporting live in oakland. i'm christie smith. back to you in the studio. >> christie, thank you. the occupy movement in oakland is one of many here in the bay area. in san francisco, city leaders are drafting a resolution in support of the occupy movement. they say protesters have a right

to peaceful assembly. there are about 200 people in 50 tents at justin herman plaza in san francisco. and in the east bay and walnut creek, protesters will gather outside the city's b.a.r.t. station this afternoon. organizers say the nurses' union will be attending this event as well. the group expects hundreds of people to rally from 4:00 until nightfall. new at 11:00, a police chase winding through the heart of san pietro. it started slowly on city streets. then the driver picked up the pace, narrowly missing a big rig and a pedestrian before heading on to the freeway. after the freeway, the driver got back on to city streets and kind of jumped out of his car but he wasn't real quick. not a lot of athletic ability. the police finally caught up with him under the overpass. so far, we're not sure why the driver was on the run or decided to attempt that run at the end. one east bay driver simply

going about his day is now dead. the victim of a driver speeding away from police during a chase. the grand street exit on highway 242 in concord now is open, but the investigation still continues. nbc bay area's bob redell is reporting from concord when police say it all started when a driver caught talking on the phone would not pull over for police. >> reporter: the person killed in this tragedy last night were not even involved in the police chase. they were in their bmw, coming down the off ramp from 242 when they got down here to grant street. can you see the investigators marking in the roadway a white pickup truck slammed him. the accident, the collision was so severe that the person didn't even live long enough for a trip to the hospital. they died here, on the scene. this happened around dinner time last night, a short distance from here at overhill road. concord police tried to pull over the driver of that pickup, who was talking on his cell phone.

but instead of complying, he took off, leading police on a chase that lasted less than a minute, we understand. so short that the officers apparently didn't have time to decide whether or not to call it off. the driver did try to escape right after the crash, but didn't get far. >> as i was running outside, i seen the driver just shoot like -- just started running out this way and right in front of my house, he -- he dropped down to the ground. cops were running right after him with the gun. they arrested him. the crash was pretty bad. the guy in the other car was -- they couldn't get him out. >> reporter: this witness was so moved by what she saw last night, she decided to leave some flowers and light a candle for the man who was killed here at grant street at the off-ramp of 242. she says there was also a passenger in the pickup truck who was taken to the hospital. it's not clear why the driver of the pickup refused to pull over

for a cell phone violation, but officers do say they did find a gun in the pickup. contra police have that. the california highway patrol to join in on the investigation to give their own perspective of what happened here last night. here in concord, bob redell, nbc bay area news. >> such a sad story. thanks, bob. police in concord are also investigating a suspicious death in a vacant home. police found a wm's body yesterday on glenside drive during a security check at the house. they're not sure how the woman was killed, but are treating the case as a homicide. a neighbor tells us the home was in foreclosure. a woman had been living there by herself after her parents moved out in january. she had filed noise complaints with police because of the steady stream of visitors, 24/7 partying into the wee hours of the night. >> i don't know what happened, but that lifestyle never leads to good things.

>> reporter: you say lifestyle. >> alcohol. >> reporter: are you sure that's -- >> by looking at the kind of people going in and out, you can be fairly certain. >> that neighbor says the home went silent about a week ago, no more visitors. she assumed the daughter had finally been forced to move out. six men accused of raping a teenage girl outside the richmond high school's homecoming dance will be in court today and it's very likely they'll be arraigned this morning. all six accused of brutally attacking a teenager in october 2009. all six pleading not guilty to the charges. today's hearing coming after a preliminary hearing earlier this year much that's when charges were dropped against a seventh man. a south bay family says a young man was just trying to do the right thing when he was shot and injured by police. relatives tell the mercury news 25-year-old javier gonzalez guerrero was too drunk to drive

from a halloween party and so he asked someone to drop him off at a san jose hotel. he fell asleep in a san jose stairway, wearing a doctor's costume and carrying a fake gold gun. when police showed up, officers shot him when he reportedly made a threatening move. the family says they're shocked and traumatized. the family is now hiring a prominent attorney to look into possible civil and criminal charges. balancing the budget on the back of students. parents and teachers in oakland say they're sick of it and they're ready to take a stand. they're planning a march against the proposed school closures. they'll march at 4:00 this afternoon just before the oakland school board meets to consider closing five elementary schools. the district says it needs to close the schools to save money and deal with declining enrollment. lakeview, lazear, marshall, maxwell park and santa fe are the five schools on the chopping block. we will be at tonight's meeting and have the latest details on nbc bay area news at 11:00.

we head towards halloween, christina tells us it's going to be kind of cool outside. it feels like fall now, doesn't it? >> it does. it's really crisp out there right now, which is why we still have that red flag warning in place and breezy by bay area standards. winds out of the north at 16 miles per hour, out of the northeast at 9 miles an hoes in livermore. that is your direct offshore wind. it looks like these offshore winds are now at their strongest and relativn humidities -- who, they are really dropping off. we are in the teens and 20% range pt even in san francisco, 22% relative humidity right now. 19% in fairfield and 22% in napa. that is really, really low when you consider how close we are to the pacific ocean right there. low relative humidity, gusty winds and warm temperatures as we head through tonight will keep that red flag warning in place. dry and breezy. temperatures in the 70s in places like fremont, san jose

and san francisco where traditionally we see a good amount of separation between your temperatures right at the coast versus inland. all that lack of cloud cover is keeping things nice and uniform. if you want to pick out that halloween costume, if you haven't yet. are south bay waters going to look like a scene from jaws? >> we'll tell you about a great white now roaming free in northern california waters. cash-strapped college kids drowning in debt are getting a bit of a breather. is the president's proposal a short-term solution to a long-term problem? the founder of twitter, vice president from google and a baseball star go to youtube to support a political candidate. we'll show it, coming up. honey...? [ mom ] yes.

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beautiful shot of the san francisco bay. you can see alcatraz there. christina will be along to fill in the blanks in your forecast. some relief for cash-strapped college students who are racking up that serious debt on their student loans. president obama will be at the university of colorado today to announce new pay-as-you-earn rules. the plan will consolidate old and new loan with his half a percent drop in interest rate to help lower the payment and prevent many from default. this is a sign of some welcomed news but others question if cheaper loans are a smart move. >> government is constrained enough with resources that i would question the sort of view of doing something like that right now. >> tuition has shot up, get this, 600% over the last 30 years. the average student graduates with $24,000 in student loans. a quarter million recent grads remain unemployed. if you haven't noticed, san

jose streets among the worst in the bay area. the city, at this point, is too broke to fix them. property owners may be asked to fix this problem with potholes. san jose officials considering asking voter approve a partial tax to help get the roads back in good shape. property owners could be asked to contribute up to $400 a year over the next ten years. if city leaders can not come up with the funding, more than half the streets in san jose will be in poor condition by the year 2020. switching gears now to the markets this morning. amazon shares have been hit hard. scott mcgrew takes a look. good morning. stock markets started the morning in generally positive territory after we got good news from airplane maker boeing. they say not only did it make more money than expected, its new dreamliner made its first commercial flight after three years of delays. in europe, leaders are meeting there to hopefully solve

its financial crisis. one stock in the negative is amazon. the company said it didn't make a profit in the previous quarter. amazon has been real clear. it makes lots of money but is spending its money on new products like the kindle fire to compete with apple. the idea being if you buy a kindle fire, you'll buy more content from amazon. investors are looking at the short term. they just heard we made no profit and they bailed on the stock. here's a video you'll be hearing about from your friends. the founder of twitter and marisa meyer from google say ed lee, the interim mayor, who promised not to run for election needs to be elected because he's, in their words, too legit to quit. take a look. ♪ too legit too legit to quit ♪ ♪ too legit too legit to quit ♪ >> ed lee. ♪ too legit to quit

♪ ed lee ♪ too legit too legit to quit ♪ be honest, folks. if your last name is lee -- vote for ed lee ed lee too legit to quit. >> tommy lee, sara lee, motley crew. >> too legit to quit. >> ed lee. >> how about that? the gauntlet has been thrown down. somebody else has to come up with an amazing video to counter that view. >> here we are, dancing on the set now. >> she's out here, busting a move. just like you saw brian wilson out there, doing -- i think a shiny hefty bag, he was busting a move in the ed lee video. >> now the clips that got left on the cutting room floor. let's see it. >> out of my quad right there. maybe i should stretch.

>> okay. >> want to leap down. >> he is athletic. >> matrix. i like that right there. smooth. one word. spectacular. >> we reached out to brian wilson to see if those hammer pants he's rocking there are from wardrobe. chains hanging there. >> it looks like one of those glad trash bag. >> that's major talent there, that backspin. >> a pro athlete. >> and someone who is dploei gl watching brian wilson is christina loren. are you a huge fan? >> moderate fan. i do want to meet the woman who came out and sang "ed lee," impressive hitting those high notes. if you like dry weather, it's tantamount in some cities in terms of your relative humidity

to what we see in the desert southwest. winds out of the west at 3 miles per hour in santa rosa. not too bad here. calm windsnovato. northeast wind, strong offshore flow, take a look at your humidity readings. northeast wind in san francisco making for 22% humidity. very, very rare to see that in the city by the bay. 22% for napa. these are numbers you'll find in the desert southwest. red flag warning is, therefore, going to remain in place through 6:00 am tomorrow morning. we'll keep that low relative humidity, gusty winds and warm temperatures in the mix. good news is that as we head into the second half of your day, into the evening and night, that pressure gradient will relax a little bit. winds will drop off and we'll wake up with light winds and very dry air overhead. 63 in san francisco. 63 san mateo and 65 up in napa. almost uniform temperatures as high pressure pushes all that

marine air, actually negates that marine influence. that's our normal, natural ac, that marine air that pushes in. not the case for today. as a result, just about as warm in san francisco as you'll find in inland city, livermore 74. 71 in redwood city and 74 in los gatos. keep in mind, we will keep the gusty winds in the forecast, at least through tonight. and then the changes arrive. an area of low pressure situated out in the pacific. really starting out tomorrow night into friday. that means the fog will be back. it will kick that big ridge of high pressure, that big, dry ridge out of the area. temperatures, as a result, will be able to climb. we're not going to be cooled overnight. friday, saturday and even sunday. halloween just around the corner on monday. looking pretty good around here. 72 in san jose, 63 in san

francisco. really, it doesn't matter what the weather is. most people already know what they're going to be for halloween. i bet you two do. surprise me. >> you'll have to wait till monday then. >> absolutely. >> thanks, christina. this next story is great if you're a shark. if you're a surfer, it may be unsettling. >> a great white shark is now back in the wild, set freebie the monterey bay aquarium. the aquarium says they had to release this young male shark in the open water because he changed his swimming behavior and started rubbing alongside the tank. they didn't want him to hurt himself. the aquarium, by the way, is the only one in the world to exhibit a great white for more than a couple of weeks at a time. >> a cool thing to see. still ahead, ambulances, injured victims and police swarm a bay area airport. >> and it's all for show. coming up, the disaster drill putting o on pretend hig alert. ♪ [ ukulele strumming ]

♪ [ folksy whistling ] [ man ] quitting is a fight you can't let yourself lose. it can take many tries. but keep trying, you will beat smoking. honey, you okay? yeah, i'm fine. ♪ [ ukulele ]

here's a scary question to think about. what would you do if a jetliner crashed? do you think you would be prepared to help out? that's what many facilities did today, test themselves. the american red cross and many other services participated in a disaster drill this morning. it's an exercise to test the readiness of the agencies in the event of a major incident like the san bruno pipeline explosion. >> we would all need to be able to come together very, very quickly and give accurate information that we know to the public. >> some of the challenges in a real-life disaster is that information does change minute by minute and it's very important to get it out to the public, whether it's through the news media or through social networking. still ahead, capitalizing on an anti-capitalist movement.

how businesses are the piocncupy ban the occupy band wagon and cashing in. d

this one is really no shocker. it was bound to happen. occupy wall street became so popular, people are now trying to capitalize on it. >> several sites are cashing in on the occupy brand. we found t-shirts for sale that say things like this. 99% and september 17th, 2011. a couple has also applied to patent the occupy wall street. they say if they do get it, they'll give it to the protesters. spread that wealth. >> occupy tents, outhouses and portapotties. >> the irony. thanks for being with us.

liz, lutz and i