over onto side streets. traffic had to be diverted. other people got out of their cars and waited and traffic moving slowly. so expect delays throughout the evening commute. well, it is being called extraordinary the recovery of the congresswoman shot in the head in arizona. doctors say gab her recovery is guaranteed. karen brown in tucson with the latest. >> reporter: allen, you can see the crowd just continues to grow here outside the hospital and optimism also continues to grow. but earlier today i talked to the husband of the woman that was wounded when she was with that 9-year-old girl who was shot and kill. in fact, the family lived in the bay area for 14 years.

they moved out in 2006. what he told me is what his wife remembers is looking into the gunman's eyes and knowing they needed to run. inside the hospital where victims are recovering we are hearing new accounts of what happened during saturday's shooting. bill's wife went to the event and took a 9-year-old girl from a neighborhood who had just been electedded to the student council. after the shots rang out the 9- year-old was dead. susie is recovering in the hospital and having flashbacks. >> crying out for christina. look at all the blood. i'm dying, i'm dying. >> reporter: when the firing started he shielded his wife there the bullets. the 76-year-old was killed but she is recovering. the step-daughter says he is a hero. >> he is walking with the lord right now. what a way to go. >> reporter: tucson residents of all ages continuing to come

by the vigil. tonight four more memorials are being held at two churches. jared loughner could face the death penalty. his family says we don't understand why this happened. we wish we could change the events of saturday. a neighbor says the couple is devastated. >> how would you feel? you would feel like you're to blame for the people getting shot. >> reporter: gabriel giffords remains in critical condition but now able to breathe on her own. >> she has a chance to make a functional recovery. >> reporter: that's extraordinary because doctors say less than 5% recover from her type of injury. and there is more to the loughner statement. they continue with "there are no words that can possibly express how we feel. we wish there were so that we could make you feel better."

they add "we care very deeply for the victims and their family and are so very sorry for their loss." the reason they didn't come out and give this statement on camera is because friends say that they are so upset they can't get through a sentence without crying. reporting live in tucson, arizona, i'm karen brown. allen, back to you. >> quick question, karen. we mentioned this new note. what does the sheriff's office say about this new note that was found in loughner's home. >> reporter: deputies say they found another note that basically said "die" then it refers to a woman. that goes along with the document they have already found stuff from giffords office as well as a note saying my assassination with giffords' name on it. they believe he had been tracking her for several years. >> karen brown in tucson, thank you so much. well, a dramatic decision. a man jumps out of a burning building. happened overnight in belmont.

it is what that man did next that has all the neighbors calling him a hero. >> reporter: more than two dozen people came back to get their cars and a few belongings following a dramatic escape at 3:00 a.m. this morning. when a two-alarm fire erupted at this three-story apartment building in belmont. >> the fog was no dense we couldn't see or breathe. so we were kind of scared because we didn't know if the building was going to blow or what was going on. >> reporter: raging flames and heavy smoke spewed from a second story apartment where the fire apparently started. two people in the apartment jumped off the balconc cony. emergency crews threw ladders up to rescue 13 others from their

back balconies. >> somebody screamed "the fire truck engine" and it woke me up. i waited until i got picked up. >> reporter: all 28 people got out with what they were wearing. many thank working smoke alarms that joe robin son's third floor neighbor triggered in time. >> he set an alarm off and that's what actually woke us up. i'm happy he did that. >> reporter: investigators say the cause of the fire does not appear to be suspicious. the man that pulled the alarm is glad nobody died. >> there are injuries but everybody will be okay. >> reporter: the three dozen residents can't live here for now. the red cross is helping them find housing. a doctor treating patients in alameda for six years has been charged with sexual

battery. last week a 28-year-old alameda woman reported to police that dr. ernest sims touched her inappropriately. after an investigation the 73- year-old doctor was arrested near his oakland home. doctor sims had been treating patients at a.a.i. health services on central avenue and has been released after posting bail. a night out with friends this past weekend ended today in tragedy. a medical student was taken off of life support after getting caught up in a fight at a san francisco nightclub. this is the latest in a string of violent incidents at bars. mike sugerman has more on the story and the group that is being asked to do something about it. mike? >> reporter: well, allen, by all accounts of it a wild night over the weekend at one san francisco nightclub and the city is trying to figure out what it can do if anything. >> occurred at 1:20 a.m. in the morning 500 block of howard street. >> reporter: the official police version of the story coming out of the hall of justice can't in any way tell

us of the enormity of this horrible drama. >> we don't know the reasoning or what happened was but we are trying to determine that at this time. >> reporter: here is what we do know. 30-year-old joe hernandez was a fourth year medical student about to become a resident. he went out to celebrate with a friend at the club temple south of market but he never made it home. >> again, we are trying to ask for the public's help if anyone witnessed it so we can piece together what happened. >> reporter: a lot of people saw it. it was a crowded club which has 32 video cameras inside and out. a source tells us there were words on the dance floor. a fight among men and women. weapons included a shoe heel and broken beer bottles. the life of a young doctor was snuffed out when it was over. >> from my understanding they had adequate security and they certainly had e.m.s. staff on site and they didn't allow any weapons inside. >> reporter: this is the latest in a string of nightclub violence in the past year in

san francisco. temple nightclub is by all accounts a good citizen in the neighborhood and in the nightclub community. greenest nightclub in the united states it is called. >> end of the day we are trying to make it a safe place for people to go out. i like to reiterate in these cases that 99% of our nightclubs are very safe. you should never feel worried about going out at night and having a good time. >> reporter: there have been no arrests in this case. in san francisco, mike sugerman, cbs5. the job respondents. $360 million deficit. responsibilities. some of the challenges faced by ed lee who was sworn in today as san francisco's interum mayor. he is filling in for gavin newsom. no guarantee he will get the quarter million salary when a new mayor is sworn in next year but he says colleagues and

friends suggested and convinced him to take the position. a call from governor brown to disconnect thousands of cell phones. taxpayers are paying for nearly 100,000 cell phones for state workers and today governor brown ordered about half of them to be turned in by june 1st. he says he understands some employees need them but not 40% of all state workers. it is expected to save about 20 million a year. we fired it up, dusted it off. it is our live high-def doppler radar. it is picking up some light rain showers heading towards highway 101. now the day you should expect 70 degrees. that's right. the pinpoint forecast is straight ahead. dozens of dead birds discovered this time in the bay area. what's to blame? and the wait is almost over. when you can finally get your hands on a verizon iphone. ,,,,,,,,,,

dumbarton bridge. now another traffic alert. this one - along s of we begin this newscast telling you about slow traffic on the dun barton bridge. this is another one. 101 through palo alto. two accidents. both directions. you can see the traffic lights. chopper 5 over 101 in palo alto. another case of dead birds this time in the bay area. arkansas new year eve then later louisiana then tennessee

now dead birds found in sonoma county. don ford says the mystery near geisterville appears to be solved. >> reporter: over the weekend the california highway patrol received a call that hundreds of dead birds were on the 101 freeway near geyserville. at the independence exit they found the carnage. birds scattered in all lanes dead for no apparent reason. >> very weird. >> reporter: on new year's day back in arkansas, over 3000 red winged blackbirds were found dead. officials there still don't know why. here in sonoma, however, there is a witness. michele was driving southbound and saw it all. >> i look over in the northbound lane as a huge swarm of starlings very compact and round. they started swarming really low and i was thinking oh, my god they are going to get hit and this huge semitruck went right through the middle of

them and about three other cars and they just fell. they were everywhere. >> reporter: michele didn't stop at the time and until she came forward today no one knew exactly what happened. >> one officer responded, surveyed the scene and called fish and game. another officer stopped traffic so we could remove most of the birds from the road. >> reporter: what happened across the nation under much larger bird kills is still a mystery. results won't be completed for weeks. in sonoma county, don ford, cbs5. >> really overwhelmed. i was shocked. congratulations. you're going to have a baby. make that four. and the story gets even better. still a little bit of rain. we also have some fog that will work its way back into our forecast. now i'll pinpoint the day which we will top off near 70

degrees. your pinpoint forecast as eyewitness news continues right here on cbs5. ,,

hundreds of thousands of dollars donated to the victi city leaders in san bruno will hear plans of spending hundreds of thousands of money donated to victims of the pipeline explosion. residents expressed their frustrations that the money is still in the bank and offered ideas how to spend it to a subcommittee. tonight the subcommittee will reveal what it has decided to do. the explosion and fire killed eight people, destroyed 35 homes. the meeting 7:00 p.m. tonight. the senior's center on crystal springs road. a little bit of lane going on out there. let's get to roberta. first thing this morning i got messages from people saying it felt balmy. we have seen rain showers in around the bay area. it is live. it is our cbs5 chopper 5 flying

high above the peninsula. no reports of any airport delays at s.f.o. or oakland or international airport but you can obviously see we have several decks of clouds out there all with the passage of this cold front. so far today we are seeing a little bit of light precipitation according to our high-def doppler radar. right now looks like it is moving across san rafael. this echo is slipping to the north. once it does slip it should be scattering rain showers around vallejo and martinez before lifting towards the delta and fairfield. to the south we are now beginning to dry out ever so lightly. but carry that umbrella. we do have light rain showers possible. also, according to automated weather stations have small

totals of rain. temperatures right now into the 40s. a bit of a breeze out of the east. 10 to 15 miles per hour. a spotty scattered shower possible. with a blanket of clouds not as cold as it has been in recent nights into the 40s across the board. 40-degree the bottom number. meanwhile there you have that cold front. a little bit of snow in throughout the high sierra. 1 to 3 inches is anticipated. quite impressive front. but it is banked up against the ridge of high pressure. about to sheer apart party seams. seven-day forecast coming up. meanwhile, tomorrow temperatures up to about 60 degrees staying cloudy. a slight chain of rain showers to the north on tuesday. fog returns inland areas.

tonight thank you for the photo. >> thank you, roberta. verizon is going to start selling a version of the iphone 4 next month and today aannouncement ends at&t's exclusive deal with apple. and while those iphones may look alike julie watts explains what you need to know if you're thinking of switching carriers. >> reporter: the phones are very similar but how they function on different carriers may surprise you and while today's verizon iphone announcement was no surprise it does have everyone talking. >> i heard that verizon was going to have iphones. >> i'm very excited about it. >> word on the street is spreading fast. the long awaited verizon i phone is here. should you rush out to get one? >> i think a lot of people expect it to be this white knight that will come in and be so much better and solve all their problems and it is not

necessarily true. >> reporter: it is pointed out the world's most reliable network may not drop as many calls as at&t but it does have some iphone drawbacks. >> verizon. >> reporter: you may have seen these commercials boasting the fastest 4g network but the iphone will run on their old 3g network for now and while tech analysts say it is more reliable than at&t they say it is slower. german points out they have limited international access and verizon users can't use it. >> looking for some sort of restaurant or map or something like that, that is an advantage at&t will have still have for a little bit. >> reporter: at&t is saying the only choice is at&t. >> i definitely want to weigh it and see what people think of

the network. >> reporter: and waiting may be a choice as the iphone 5 is expected to run on the faster 4g network. but for those who want to use the iphone as an actual phone february 3rd can't come fast enough. >> then i can get my hands on iphone and i can switch to verizon. >> it is not 4g because i was hoping for that. but it has got to be better than at&t. >> reporter: so what exactly is 4g? we will talk more about that coming up tonight at 6:00 p.m. in the meantime if you are interested in switching to verizonn it happens february 3rd. as people switch to verizon it will lighten the load and service will get cheaper. >> i will believe it when i hear it. love the phone but the service. move it and use it. how the simple act of standing

up can really help your waist line. that's next. ,,,, [ male announcer ] rockin out to the big hot pastrami. big. hot. pastrami. don't dare call it a cover band -- unless you're talking about covering freshly baked bread with layer upon layer of flavor-packed pastrami. this sub lays down power cords of tasteocity with pickles, mean licks of mustard and riffs of melty, bubbly cheese. catch 'em before the fresh toasted tour leaves town. subway big hot pastrami. crank up the flavor at subway.

what is rare... multiples conceived the old-fashioned way. thanks to fertility births more twins and triplets. babyies born october 21st. the doctor told them they were having twins at first.

then the next ultrasound showed three babies. and then finally -- >> she called me at work and she was actually scared and crying and they told her she had four. >> she said she found four babies. i was really overwhelmed. >> samantha says she might be willing to add to the family later. right now wayne says he is out shopping for mini vans. you hoped wayne was sitting down when he got that news but are you sitting down? take a break and stand up. there is compelling evidence that if you take a break from sitting down you're doing your heart and your waist line a big favor. dr. kim mulvihill is joining us sitting down. >> we often talk about the risk of prolonged periods of time sitting. how it is bad for your health even if you exercise on a regular basis. and that's why the results of this study are so intriguing

and how some practical easy tips like standing up may really help. here is the news no one should take sitting down. researchers discovered the more breaks you take from your desk the healthier your heart and smaller your waist line. >> i should take more breaks. >> for three years scientists followed people age 20 and oler who wore a small device during the day. the device monitored when people took a break from sitting down. >> i walked upstairs to get coffee and will get up and walk around. >> it showed even in people who spent a long time sitting down the more breaks they took the better their waistline. almost 1.5 inches smaller. those that got up a lot also had lower levels of proteins a remarker for heart disease. those in sales at cbs5 like the idea. >> i get up a lot and now i realize that's actually what i should be doing. >> if you're stuck behind a desk at the office or at home here is some practical tips. stand up to take a phone call.

go to the bathroom that is furthest away from you. better yet, take the stairs and go to one on a different floor. don't phone or e-mail colleagues see them face-to- face. or have meetings where everyone stands up. >> listen to this. researchers say standing up for even as little as 1 minute might help lower the risk if all that sitting. >> i will tell you what people tell me. you're a lot tall than you look on t.v. standing up is good it feels good to stand up. >> it does. captions by: caption colorado, llc 800-775-7838 email: comments@captioncolorado.com earn more commodore with interestplus savings at capitalone.com. that's new school banking, baby! [ laughs ] instead of earning zilch, your savings will be earning three times the national average. three times more? roger that! go online and sign up at capitalone.com. what's in your wallet?!

we were the first to ban smoking on airplanes. the first to have smoke-free bars and restaurants. all while saving over $86 billion in health care costs... and over a million lives. we've done a good job. but even if you were born today, you'd still grow up in a world where tobacco kills more people... than aids, drugs, alcohol, murder and car crashes... combined. we have a lot more work to do.

news at 6. a closer look at how california lance its budget. th >> i'm dan king. here is what we are working on for 6:00 p.m. on eyewitness news. a closer look at how california might balance its budget starting with prison costs and what could that mean for the new kind of crowding problem in california. and then, what budget cuts could mean for anyone who has to pay for a college education. and a little trivia tonight. what costs