Pablo with a gunshot wound and neighbors heard something but cant put an accurate pin on when. We did hear there was some gunfire that was heard. But we cant attribute it at this point to say that it was actually for this incident. Reporter outside the home where oscar was found dead his black audi is covered in fingerprint dust and a formal amber alert was phished for the children and their mother on monday evening. Andria borba, kpix 5. Kpix 5s mark kelly is following this story this morning and hell have a live report in our next half hour. And new this morning, children are among the injured in two separate shootings in east oakland. Shortly before 10 00 last night someone opened fire on 83rd avenue hitting a child and a young woman there. The child suffered a wound to the shoulder. Both victims are in stable conditions now. And about five hours earlier a child riding on an ac transit bus was grazed by a stray bullet. The man who was struck is now in stable condition. A 2yearold boy is dead after a freak accident at San Franciscos Fishermans Wharf. Kpix 5s joe vasquez reports the boy was climbing on a 150 pound statue when it fell on him. Kayson is just a 2yearold. A typical 2yearold. I but now the toddler is dead after a freak accident and his family is absolutely heart broken. Its a sweet tender spirit. Reporter cayson shelton was with his family visiting from draper, utah. Police say he described up on a dolphin too chew and was holding it with both arms and legs when it fell down on top of him. At first he was bleeding but it didnt seem serious. But he later died at the hospital. Take a close look at the google maps street view and you can see the dolphin statue outside the store. Theres not clear whether this is the same one that killed kayson on friday but whats clear is its over the blue line. A violation of a City Ordinance that police say has resulted in a warning to the store in the past. The San FranciscoPolice Department officers that were working the americas cup had asked this business to move their dolphins back across on other side of the blue line because of the high volume of pedestrian traffic. Reporter while the family has been here in San Francisco, neighbors back in utah set up a fundraising drive for a charity in kaysons name. One that gives blankets to homeless children. Hes a blanket lover. He was always found to be seen with one or two or however many blankets but he just had a love for blankets. Reporter joe vasquez, kpix 5. The gallery was cited for having the statue outside the blue line and other bids in the area businesses in the area are being warned about the law. A five acre grass fire in the East San Jose foothills and this is a shot of the fire last night recorded by one of our cameras downtown. Its that glowing ring just above the center of your screen there. The fire was first reported about 10 30 last night near Mount Hamilton and Three Springs road and no homes were threatened. It is very dry out there. It is beyond dry. Right . Were looking at right now is typically what we experience in the month of august and september. And the firefighters have been telling me they have yet to see any kind of a break in the fire season here in the bay area. Today, fortunately enough. The temperatures will be coming down but the breeze will be increasing. Now when i look at this right here, the bay bridge when you cannot see the top of it. That is a good indication that the ceiling has lowered roughly to about 800 feet. That could pose sop problems at some problems at the airport today as far as the possibility of airport delays. In the 50s and 60s out the door today what you can expect. Well have the fog at the coast and at least a ten degree drop in the temperatures and mild temperatures by midweek. 60s through the mid 90s and talk more about this straight ahead but first how you doing this morning liz . Things are doing okay. Mainly just the overnight roadwork the last 25 minutes before 5 00. Is usually when theyre in the final wrapping up clearing stages. This may be wrapped up ahead of schedule but caltrans says northbound 880 from oak to washington, they have several lanes blocked scheduled until 5 00 a. M. And same thing on westbound 580. Hacienda to san ramone the drive time is april pretty good though still pretty good though out of the pass and livermore valley. You can see the low clouds this morning crossing the san mateo bridge and at the bay bridge the roadwork still there westbound 580 to eastbound 80 that connector closed for the next 25 minutes. Thats traffic. Back to you guys. All right liz, thank you. Later today, the San Jose City council will once again try to decide what to do with medical marijuana dispensaries. The city is trying to come up with new guidelines on where the facilities are allowed and how theyre monitored. Its part of an effort to comply with federal guidelines. The Council Voted on a plan last week but it ended in a 55 draw with Council MemberPete Constant absent. A san pablo medical facility may be spared from the wrecking ball. Last night Contra Costa Health care officials announced the plan to keep part of the Emergency Department open at Doctors Medical center. The plan would require a 6 million loan from the county while the hospital figures out a way to generate more revenue. And my this morning, the new this morning, the battle is on again between the nba and l. A. Clippers owner Donald Sterling as cbs news marlie hall reports, sterling changed his mind again deciding to fight a deal to sell his team. Reporter Donald Sterling is calling a timeout on the deal to sell the Los Angeles Clippers. And he says he plans to move forward with his 1 billion federal lawsuit against the nba. An attorney for sterling has confirmed the embattled clippers owner pulled his support for the sale of the franchise to former microsoft ceo steve ballmer. In a Statement Released yesterday, sterling said the team is not for sale. I love the team and have dedicated 33 years of my life to the organization. I intend to fight to keep the team. Sterlings comments come less than two weeks after ballmer agreed to buy the clippers from sterlings estranged wife for 2 billion. The nba was prepared to force the sale as punishment for racist comments made in a secretly recorded conversation with a former girlfriend. It bothers me a lot that you want to broadcast that youre associating with black people. Reporter sterling says his comments were recorded illegally and his rights were violated. In his lawsuit, he accused the nba of breaching his contract by fining him 2. 5 million. The nba has not yet commented on sterlings change of heart. Marlie hall, cbs news. His Attorney Says sterling decided not to sign the papers agreeing to the sale after learning the nba will not reverse its decision on that fine and lifetime ban. Opening arguments in the case of ed obannon versus the ncaa got underway in oakland. The former basketball star is leading a group of 20 former College Basketball and Football Players. Theyre trying to get licensing money they contend the ncaa has made off of their likenesses. They claim ncaa restrictions violate antitrust law. When the pie that is brought in is huge, i think its big enough for everyone. Obannon case could affect other sports as well. In a case yesterday the ncaa announced a 20 million settlement with former players over college themed basketball and football video games. The games are produced by redwood city based electronic arts. And a former dodgers stadium Security Guard testified even he felt unsafe the night brian stow was attacked and beaten outside dodgers stadium. Jerome heavens said he was told to steer clear of my fights any fights because of short staffing there. He says fans were drinking heavily and stow is permanently disabled. The walmart truck driver accused of causing a crash that left tracy morgan hurt had not slept for 24 hours. They were traveling home from a comedy show when the truck slammed into the bus on the new jersey turnpike early saturday. The impact caused the Chain Reaction accident involving four more vehicles. It was a terrible accident that caused the car flipped and its on its side. You just calling it in . No im just calling it in. One member of morgans entourage died in the accident and two others were critically injured. The driver will be in court tomorrow. On this tuesday morning, and an elevator side to remember. The malfunction that nearly cost a man his life. And some Spring Cleaning decades overdue. The b. A. R. T. Station art thats finally coming down. An elevator. You can see well, a man in chile may never walk again after a freak accident inside this elevator. You can see he gets in and hits the button and the elevator shoots applicate a like a rocket. Traveled 30 floors in 15 seconds and then crashed in the top of the elevator shaft there. The man is now in Critical Condition with head and leg injuries. Wow. Meanwhile police in las vegas say the couple who shot and killed three people saw Law Enforcement as being oppressive. Andrew spencer reports authorities are looking at social media posts now as they investigate the couples motives. Reporter the couple who police say killed two Police Officers and a civilian in las vegas were once supporters of nevada rancher clive bundy whose armed militia faced off be government officials over with government officials over land rights. Video of jared miller has surfaced and in hindsight his rhetoric is especially chilling. I feel sorry for any federal agents that want to come in here and try to push us around or anything like that. I dont violence towards them but if theyre going to come and bring violence to us, well, if thats language them to speak, well learn it. Reporter even though many of bundys supporters expressed views that could be considered antigovernment, his son says jared and Amanda Miller were kicked off the ranch because of their radical beliefs. Miller expressed many of those on his facebook page. A long rant last week began with we can hope for peace, we must however prepare for war. Then a day before the shooting, this post Reporter Police say the couple equated government and Law Enforcement with nazis. In other words they believed that Law Enforcement is the oppressor and theyre associated with the nazi movement. Reporter a friend and neighbor of the millers says she saw the red flags. Now she regrets not having spoken up. Because i got five deaths on my shoulders. I should have called the cops,. Reporter im Andrew Spencer reporting. The two suspects took their own lives and Authorities Say before that they left a swastika and a dont tread on me flag on the body of one of the on one of the Police Officers they killed. We reported last week on the bunny ranch billboard in oakland. Now the sign along interstate 580 is gone. Its been replaced by a billboard for the bottle rock napa valley festival from earlier this month. City councilman gallo was adamant about taking it down saying it had in place in oakland. Heres that advertisement for the bunny ranch in northern nevada. The billboard promoted the ranchs bar and cigar area but the ranch is better known as a brothel. Something else thats been taken down a piece of artwork hanging in b. A. R. T. s embarcadero station in San Francisco since 1973. Its been there a long time. The 50foot howl, 7,000pound sculpture is called legs. Its barely noticeable because its covered in grime from brakes and outside pollution. And early next week workers will dismantle the massive sculpture to return it to its creator. 84yearold barbara shockroft who lives in davis. B. A. R. T. Budgeted some 300,000 for that project. I know its been in the in the works. But maybe people will miss it. A lot of money to just get rid of a big sculpture. Were getting rid of the heat wave. About time. Okay. You felt it yesterday. I was in the east bay last night. It was hard the go to sleep. Just hot . No ac. Yeah and we had that. And i dont have any kind of a lawn anymore at all. At all. No. Say gob to that. Good morning everybody rise and goodbye to that. Good morning everybody. And its live its our kpix 5 weather camera looking out towards the bay bridge. Seeing a little bit of light from the bay bridge but a whole lot of overcast conditions right now. 55 San Francisco. 65 degrees in livermore and in comparison yesterday at this time it was 4 degrees warmer. Foggy commute over the Golden Gate Bridge heres what you need to know on this tuesday morning. We do have fog at the coast and saturating the bay and we will have partial clearing inland at least 10 degrees cooler today and we will be the recipient of a better sea breeze. Therefore these triple digit numbers are out of here. We will be seeing more of an on shore push from wednesday through friday but the return of more seasonal conditions. Meanwhile, still 104 in fresno. Back in through merced and modesto. 104 also in redding and yucaipa and upper 60s with partial afternoon clearing in monterey bay. Numberwise, coming down from 106 in livermore yesterday. Yeah. 106 degrees. That was a record. To 6 degrees 96 degrees. 83 in san jose and low 80s in santa rosa and mid 80s in napa and sonoma. 70s and 80s will be common around the peninsula. Theres the sun up and sun down. Meanwhile the extended forecast looks like we will have seasonal conditions by thursday and just gradual warming over the weekend. Thats your tuesday weather forecast. Liz whats up on the roadways . No major hot spots. In traffic. Which is good. We still have a lot of the overnight roadwork like i mentioned for the next 15 minutes now. Should be still out there including that macarthur maze roadwork. Theyve been doing the mayor maze roadwork project westbound to eastbound 80. The connector remains closed and you can loop around and make a uturn in the bay bridge toll plaza parking lot. Right now though heading into San Francisco in the commute direction everything is obviously looking very quiet. No big delays in either direction right now. Across the span even though you may see some of the eastbound roadwork into oakland. Also we have garbage truck it sounds like it hit one of those overhead circulation fans in that new caldecott tunnel. Right now its not causing any delays and its off to the right hand shoulder. Just in case theres a lane blocked but i dont think there is and right now were not seeing any delays on the sensors between oakland and araneida. A live look outside. They still have that roadwork out there in lanes northbound 880 from oak to washington. They had several lanes blocked again thats scheduled until 5 00. And if youre commuting in milpitas a live look at 880 and 237 where everything looks great. Thats your latest kcbs traffic. Frank michelle back to you guy. Department of Veterans Affairs says tens of thousands of veterans were forced to wait often for months. As Craig Boswell reports for cbs news, an audit of the medical care facility shows a problem much bigger than first believed. Do you reporter the House Committee on Veterans Affairs grilled va officials for answers monday night over the health care scandal that seems to keep getting worse. The hearing was held on the same day the va released an audit of its hospitals and clinics and says 57,000 veterans waited more than three months for their first medical appointment. Over the past ten years, 63,000 requested an appointment but never got one. I dont think this is the end of it. Reporter Committee Member tim humanscamp says there will still too many questions that need answers. This has been going on for years after years. And scheming, making up numbers. And misusing a system and so i cant believe this is the end of the audit. Theres much more to come. Reporter the audit calls autothe vss 14 day out the vas 14 day maximum for waiting time. 76 of va clinics reported supervisors ordered schedulers to falsify computer records to hide longer wait times. Iraq veteran lauren price had waited six months for a checkup despite a diagnosis of chronic lung disease. Its outrageous and egregious that it takes this level of pressure to get them to do this job they are so adequately funded for. Reporter the va says 90,000 veterans are now being called for appointments. Craig boswell, cbs news, capitol hill. Along with those 14 day scheduling goals the va is doing away with its bonuses it had paid supervisor who is reported meeting the goals. Time now 4 49. The bid to host the americas cup again may have hit the rocks. The latest development that appears to have put San Francisco out of the running. And world cup soccer going hightech. How referees will be getting a little bit of help with those controversial calls, coming up. ,,,,,,,, good morning, rise and shine. To your tuesday, june 10th. Highs today across the bay area coming down. Partial clearing along the coast today. 60s and 70s. West winds up to 15 miles per hour. Okay lets move across the Santa Clara Valley where highs are in the upper 70s to low and mid 80s and gilroy topping off near 90degree. Yesterday livermore tied a record at 105 today down to 96