lot of this center when he saw police officers surrounding a man on the ground. >> person laying on the sidewalk. fighting like they were trying to -- waking up from sleep, just moving. collapsed. >> police say the man died at the scene. police received 911 calls that a man holding a gun was walking in the area. officers were confronted. >> the suspect presents a weapon. does something that the officer took as a threat, the officer shot him. >> reporter: authorities are not saying if the man shot at police. they think this is connected to a shooting on communication hill a half hour before the officer involved shooting, gun shots were heard in the neighborhood. police didn't find anything but came back later and found this car riddled with bullet holes. gates were locked and they were finding atlases were canceled. -- finding out that classes were canceled. >> weird. >> reporter: i spoke with police and they are still trying to figure out what sparked the first shooting on communication hill. reporting live from san jose, janine de la vega, ktvu channel 2 news. the rain didn't stop protesters from bringing the "occupy wall street" to oakland today. oakland joins san francisco and san jose as the movement spreads from wall street across the country. here is a live look at several hundred people gather. jean quan offered her support to protesters who are angry at corporate greed. the protest is continuing in san francisco. police today arrested a protesters in front of the federal reserve bank. a police officer said the man was arrested for assault. activists taking part say they are gaining support and they will keep their encampment and call attention to economic injustice. brochure outlining the spanse to a -- it was presented following 10 teen sue sides between 2009 and january of this year. describes the community's response and led to the steps that led to a coalition. the league of cities is giving them their award for excellence which recognizes unique contributions. governor jerry brown put an end to california's open carry law but the fight for more gun rights iser for from over. ktvu's rob roth is live with the next step they are planning. >> reporter: we came to this starbucks because it has been the sight of numerous open carry demonstrations and we weren't here long before we found a customer who was packing. here outside the starbucks this man sat beside his family and a gun at his side. >> for protection. expression of freedom. >> governor jerry brown signed a bill that would make it a crime to do this after january 1. under the new law it will be a misdemeanor punishable by a year in jail and a thousand dollars fine. >> there is nothing banning us from carrying unloaded lawn guns. the movement is not going anywhere. >> reporter: the law has been a hot political issue for years. >> when you have folks bringing this much fire power into restaurants like they have been doing, it puts the community at risk that there could be an accident or incident. >> if somebody is going to attack you you should be able to defend yourself. >> they applauded governor jerry brown for banning the law. many carry their gun on 1 hip and the bullets on the other. customers say it makes them uneasy. >> it didn't make me all that uncomfortable. >> there are angry people who will take out, react in situations. >> reporter: they expect to go to court in the hopes of striking down the latest ban. reporting live, rob roth, ktvu channel 2 news. governor jerry brown cleared 100 bims from the desk. one bill bans buying alcohol at check out lane. it was a union effort aimed at fresh and easy stores. supporters say the law will help keep alcohol out of the hands of minors and he vetoes laws, including one having authorities untabe a warrant before -- overall the governor signed 760 laws into law this year. vetoed 128. it is more than any other democratic governor. >> a man is being investigated for his role in the wikileaks scandal. he is part of a criminal investigation into the release of government documents. he is a known volunteer for wikileaks. it fought a court order to release its account information but failed. organizers got a scare after officials sent them a letter ordering them to close their attraction. the house has been running for 5 years. ktvu's jade hernandez is live with what organizers say is a frightening case of red tape. >> there are opisticles. we are looking for a new location. >> reporter: the city came knocking and the news wasn't good. the haunted house on delaware drive has to come down. >> i was heartbroken. all our hard work, three months now. >> reporter: for 5 years his admission has gone to charity. charity. >> so this is a garage scene. we will have the motorcycle there with lights on it. and a fog machine. >> but this year, despite a petition, at least one neighbor complained to the city. that was enough for them to site violations. he has 2 and a half weeks to dismantle the house and he is hoping the city will grant him a waver for this year. he told me that doesn't seem likely. the event grown and safety is a concern. >> they donated decorations and supplies. it's hard to say it's not going to happen. >> reporter: funds were to be funneled at the center for spiritual living for the homeless. >> for a neighbor to call and report it was really, really surprising. >> my kids look forward to it every year and to find out they are wanting him to shut it down i am upset about it. >> reporter: he may head back to city officers tomorrow. jade hernandez, ktvu channel 2 news. >> steve jobs death statistic was made public today. apple didn't provide details on october 5th but he died around 3:00 p.m. from respiratory arrest caused by a pancreatic cancer tumor. he was diagnosed for cancer in 2003. apple is planning an event to honor steve jobs. the blog obtained a memo from the ceo. in it he says a celebration on october 19 that outdoor theater in cupertino. >> facebook is friends with the ipad. they launched its ipad application. it's free and includes unique features. facebook says the apple -- you can't always have one of these. it's yellow jacket season. what you need to know still ahead. and the change today at the limestone quarry where 9 workers were shot by a disgruntled employee. we are following developing news in downtown oakland. we want to bring you a live picture where the "occupy wall street" protesters continue to gather despite the rainy conditions. oakland joins fran and san jose as the movement spreads. the demonstrators are angry that high unemployment rate and corporate greed. teachers, nurses, families and the unemployed all taking part in this protest right now. they are carrying signs and speaking in front of city hall. workers returned to the rock quarry where last week's shooting ram pag began. officials say workers are attempting to make the lehigh southwest cement company fully operations within a week. sheriff's investigators say shareff allman opened fire on co-workers last wednesday killing three and wounding six others. he was killed the next day. we know the identities of the victims in a double homicide in san jose. they were found shot saturday in a home on south third street. a third victim is hospitalized with life threatening injuries. no arrests have been made. >> reporter: family and friends are mourning the death of a u.s. army ranger. u.s. army specialist ricardo cerros died saturday during a heavy fire fight in afghanistan. this was his first deployment to afghanistan. he is survived by his parents, and three siblings. a retired san francisco undersheriff and union leader received a endorsement today for the top job. leaders announced their support for chris conning for sheriff. he is an effective leader and has broad experience in public safety. >> in january our city will see a change of leadership. a new mayor, new district attorney and a new sheriff. and i plan on being that sheriff. >> he is endorsed by the cropcon and examer. the -- examiner. he has the endorsement of mike henacy and he is endorsed by the unions. the number of people saying they have been stung by yellow jacksets on the rise. ktvu's john fowler is live with how a wasp attack changed the course of a track team. >> reporter: a couple of dozen middle school athletes wish they had something like this after a singing close encounter. >> reporter: the cross country team swarmed by yellow jackets. and wasped. >> very scary. went in my hair. >> their coach rerouted the run and never heard of such an attack. >> the girls coming up to me. >> reporter: yellow jackets are aggressive now. >> by the end of the summer their colonies grown. >> reporter: 15,000 mouths to feed. stocking up for winter. >> you see a lot of the bee looking things in and out of the ground, you need to step back and not go near that. >> reporter: we found young experts. >> they just trying to protect their hive or themselves. they don't know they are hurting people. >> they are painful if you get stung. >> there is a lot in my backyard. i don't like them too much. >> reporter: in the fall they become scavengers and as temperatures fall they will become less active but right now they are easily agitated. john fowler, ktvu channel 2 news. california is falling farther behind in its finances. revenues in september fell $300 million short of projections. the state is short $700 million. the state's cash devset hit $7.5 billion and covered by short term borrowing. this increases the likely hoot budget cuts will have to be made. they will have a plan by the end of the month, the the dow rose 330.06 points to close at 11,433.18. the nasdaq rose 86.70 to 2,566.05. cloudy right now. light showers. accumulations are been light. less than a quarter of an inch. cloud cover out there right now. more sprinkles in the forecast tonight and early tomorrow morning. let's look at the rainfall accumulations. santa rosa 3/10. it's just been a steady, low- grade rain, drizzle. not much in the accumulation realm and it continues to be wet and will continue to be wet tonight and tomorrow. i will show you that in a moment. tomorrow morning look for drizzle and clearing in the afternoon. highs tomorrow in the 70s. lunchtime tomorrow, completely different day. ends up nice. extended forecast, back into a nice fall weather pattern. 60 in concord. 61 mountain view. the system slides through. most of its energy north. nice looking weather system. about couple hundred miles too far north. that's how it goes. this week is marked by high pressure building in. tomorrow will be clearing. and as we go into the next few days. temperatures back into the 70s. maybe a couple low 80s. no 90s. 80s in the warmest spots. model shows scattered showers. 6:00 a.m., scattered showers there. drizzle. i think the morning community will have glaze on it. 10:00 a.m., starts to clear out. watch this, as the high pressure builds in, the winds go off shore. watch what happens to the clouds, they go this way. that's the model picking up. those were high clouds. the surface clouds, it will be off shore. that mark as warming trend. 75 antioch. 75 brentwood. 76 in morgan hill. five-day forecast, you are looking at a warm up into the bay area 5 day with the weekend in view. it will pop up here, temperatures warming up. >> i was getting used to the warm up and then it was gone. >> everybody was. >> wash mide car for nothing. >> thank you. it is a good day to be big in half moon bay. pumpkin growers competed win pumpkin weigh off. he won the contest with a 1,704- pound giant. he also set a record for the biggest pumpkin in the state. our chief meteorologist bill martin told us about the wet weather. at 7:00 there are problems, one road closure. we will have a record and it's -- we will have a report and it's again, the reaction in 30 minutes on tv 36. you might have just seen it, 11 innings to decide game 2. the play by play when mark ibanez joins us next. . it looked like the clock was turned back at the anniversary of women achieving to vote was celebrated. women and men dressed in fashions of the 1900s. on this date in 1911 california men passed a proposition allowing women to vote. the federal government recognized their right to vote 9 years later. mark joins us now. a long day of baseball in texas. >> never ending game. final score doesn't look that close but it was a nail biter. rangers took a 2-0 lead against the tigers. early on it was detroit. ryan takes care of that in the third. with a shot to deep left. it will leave the premises and all of a sudden it's a 3-3 game. 11th inning. bases loaded. nobody out, the rangers win it. nelson cruz hits his second homer of the game. a grand slammer. and there you go. 7-3 final and a 2-0 lead as we say in the series for texas headed back to detroit. what a great game for the 49ers. they brutalized the tampa bay bucks. 4-1. one bummer, morgan, who is having a break out year, broke his right leg. he will miss maybe the entire season. mean time, emotional time for everybody in the raiders organization. they did win in texas yesterday. and they come out of it with a victory, although their hearts are still heavy, mark davis, al davis' son who will take over the organization and hue jackson broke down after the game, emotionally, of course, and today he spoke with the media more composed. >> and it hit me for a second, again, that i cannot pick up the phone and call him today. that there will not be phone call from him today about 4:00, 5:00, saying let's get together and talk. and so yeah, it's different and i will miss him. >> all right. of course, friday we will have your high school game of the week. those are your selections. get on to www.ktvu.com and vote for your favorite team and we will have highlights and full coverage friday. that's the sporting life for right now. >> gets me choked up watching him. you can watch game three on ktvu, 4:30 tomorrow afternoon. ktvu channel 2 news will precede the game at 4:00. and stay with us for a special celebration, celebrating the life of al davis. thanks for joining us. i enjoy it the most when i'm with sidney. she doesn't notice that it's too crowded or that it can run a half hour late. i'm bevan dufty, and i'm running for mayor because it's not enough to just "get it done"-- we have to get it done better. sidney thinks muni is magic. we go underground and come out someplace new-- just us. i want all of us to see it that way.