>> track tragedy for the first time in more than 3 decades a jockey has died on the track at the alameda county fairgrounds. good evening. dan and carolyn are off tonight. the jockey fall came 30 seconds that the 5 furlough race. 33-year-old george hererra riding the horse in the eighth race when he fell off the horse. lillian is in pleasanton at the alameda county fairgrounds. lillian? >>reporter: this is the first fatality at this race track in almost 40 years. it happened on the other side as the horses were approaching the far turn. george was rideing in the eighth final race of the day when he was thrown from his mount. this is video courtesy of the calf authority of racing fair. his horse 4-year-old reportedly clipped the heels of another horse then stumbled and he was left on the ground with massive head injuries. >> he was either trampled by his horse or another horse. >> april is a spokesperson for the alameda county fair and says paramedic tended to him right away. >> as normal safety protocol dictates we had ambulance that was following the race so emergency personnel responded medley. >>reporter: but he was unable to survive the accident. he died 2 hours later at the medical center in castro valley. 33-year-old jockey is relatively new to the horse racing industry to. incorporating to a web site he had 55 wins and nearly 700,000 dollars wings throughout the course of his career. fair organizers say this is the first time a jockey has died here since 1975. >> obviously this incident is deeply saden us and we hope people still come out to the horse racing and enjoy the fai fair. like i said this is very rare incident. doesn't happen often at all and many, but l racing will continue tomorrow. >>reporter: fair organizers say they also plan to hold some kind of memorial at some point in honor of hererra by the time the fair closes on sunday. live in pleasanton, abc 7 news. l we have more breaking news. 3-year-old boy was shot and killed inside a gilroy home in what appears to be an accidental shooting. shooting happened on kent wood court off third street. the gilroy dispatch reports that the boy either accidentally shot himself with a handgun or accidentally shot by a friend who was playing with a gun. police confirm that the boy is the son of san jose police officer. santa clara county prosecutors have filed charges against 5 members of the same family accusing them of neglec neglecting residents of the care home they ran. you can see 4 suspects here. all remain free on bail. san jose police say the home on fortune drive operated without a state license. investigators say the 12 residents of the home were dependent adults beaten, mall newer issue and forbidden from using toilet paper. police entered the home they say they also found a cub board with animal feces from numerous dog that is wandered into the hotel. adult protective service found other care arrangement for the victims and people are asked to come forward if they have information about the victims or those suspects. verdict today in san jose for a man charged with beat ago priest he says sexually pwusd him as a child. the jury acquitted william lynch in the assault of jerrold lin. here's 7 news reporter lisa. [applause]. >>reporter: will lynch is smiling and triumphant as he leaves the hall of justice in san jose. for the first time in decades the 44-year-old feels justice has been served. you can see his relief in the photo as the verdict came down. jury acquitted lynch of felony assault and elderly abuse for beating up father jerry lin the jesuit priest accused of raping lynch 35 years aichlingt i definitely want to be free of this completely. this has gonna long way in getting ther there. >>reporter: prosecutor call it a advantage land tee attack leaving the priest bloody and bruised. even though they had no doubt that lynch was molested they say this was not the way to happen it. >> just punishment is delivered to our justice system l not through the acts of one traumatized and troubled man. >>reporter: defense argued until now the system failed lynch and protected the priest never prosecuted because of statute of limitation ran out. >> statute had gone by. jesuit are protecting the guy. it just seems so wrong. >>reporter: california province jesuit would not comment specifically on the priest but did say that abuse of any type aimed toward children or vulnerable adults is abhorrent violation of trus trust. we condemn such action and continue to pray for healing for anyone affected by abuse. >> i think he's l insane. i think he's a sews path and very, very dangerous person. he needs to be put away. >>reporter: jury was hung and couldn't agree on a misdemeanor simple assault charge. the da has until next friday to decide whether to refile that charge. in san jose, lisa, abc 7 news. abc 7 news i team has confirmed that the wife of suspended san francisco sheriff mirkarimi will testify on his behalf in person. lopez is seen here in native venzuela where she talked to dan in may. late today mirkarimi defense team told that you say lopez will testify before the ethic commission july 18 or 19. they had asked the city to pay for her round trip plane ticket saying america ream had run out of money since being suspended without pay. but now it appears a group of private donor will pay for lopez flight. mirkarimi is trying to the retain his job as sheriff after pleading guilty to misdemeanor false imprisonment charge. >> highway patrol still trying to determine whether a toddler found injured on rodeo street was hit by a car. we were overhead soon after the 2 and a half-year-old was found at about 4 this afternoon on democracy way at trigger road. chp questioned possible witnesses at the scene. toddler had minor injuries and was taken to oakland children hospital as precaution. in an unusual move the state senate today approved a one time bill temporarily freeing a death row prisoner. would it allow so-called kill tore help mountain search for the remains of his long dead victims and there are dozens of them. he and accomplice convicted of methamphetamine killing spree in the 80's and 90's. searchers found hundreds of bone fragment in the san joaquin well after he drew map for bounty hunt whore paid him 30,000 dollars. state assembly has to sign off on the relief. >> frightening crash in san francisco tonight. out of control driver smashed through a front door of a restaurant at geary boulevard and second avenue. then took off. you cap see from this sky 7 video the police tape around roadside barbecue in the city richmond district. nobody was hurt but workers and customers were sent fleeing from the scene. police look into a car found abandoned a block away to see if it's connected to the crash. >> chp says drunk driver with gun is responsible for massive traffic back up on the bay bridge this morning. 29-year-old antonio robertson on parole for human trafficking is under arrest tonight. investigators say robertson raced the cadillac past chp 1:30 this morning and crashed east of the island at the s curve. shots fired. nobody was hurt. one lane of the eastbound bridge were closed for about eight hours chp in san francisco police could process the crime scene. >> east san jose parent asking for help tonight. stole 25,000 dollars worth of musical instruments from our lady of guadalupe khed. church gruvt group used them to play before mass every weekend. our lady of guadalupe pastor says the kids spent endless hours to buy the struchlts father john says he's hoping the community will help replace them. up next. life guard fired for saving a swimmer. >> my manager was telling me don't go. l did you back to your tower. >>reporter: new offer he got from his boss today. >> also the 18 minute fireworks show that took just 15 seconds to watch. >> warning tonight about virus that you say could kick you off the internet monday. next. >> coming up next on "nightline". stunning official report from the air france plane crash that killed everyone on board. why those pilots could have saved the plane but didn't know how to. >> plus from jet set to jail >> plus from jet set to jail cell. anne hathaway >> more breaking news. sfo has 2 laser strike on commercial aircraft tonight. the laser strike happened between 10:19 and 10:25 as each plane made its approach at sfo. officials say the strike came from the vicinity of palo alto and were pointed at virgin airline flight from chicago and united express flight from calgary. nobody was hurt and fbi and faa looking into the incident. midwest is getting slammed with oppressive heat and tonight word of 2 deaths in chicago where today it was the hottest july 5th on record. this heat has potential to turn into slow motion disaster in the nation heart land. here's alex. >>reporter: the blistering heat buckle the pavement causing the earth to crumble on the roadway and on the farm. where bone dry soil is creating major problems for farmer across the corn belt state. >> we are aat such a critical state in the corp's life it could be the beginning of the end. >>reporter: this farmer is a fourth generation corn farmer and praying for rain. some twrol feet shorter than they should be in this point in the season and next two week is critical. they begin pollinating and without the right moisture corn crop could be lost. >> if the heat and dry weather continue can't pull moisture out of the ground and the kernels will die. >>reporter: it was to be the best corn harvest in decades but now farmers fear repeat of the 1988 drought that wiped out billions of acres in corn and crop damage. one of the worst in recent memory says the dust bowl of 1930s. consumer could feel the pinch in the pocket book. as much as 75 percent of the product in your grocery store use corn as key ingredient things like peanut butter, soda up 4 percent. beef praises could surge as many as 10% this drought which will reduce the amount of corn we get that trans later into increase in the price of retail. >> unless we get water soon what will happen. >> we could lose easily 40 percent. easily. >>reporter: 40 pwhaers does that mean to you as a farmer. >> maybe not making it. >>reporter: so for now a big game of wait and see for warmers. if they don't get some kind of rain in the next couple week the result could be catastrophic for the farmers. abc news manhattan arranges illinois. >> bay area computer owners you have until monday to check if your machinist infected with a virus. if it is you can't access the internet. problem began last year when international hacker ran on line advertising scam but when the server were his shut off they would lose the internet service. set autopsy temporary system that expires 4 days from now. to check if the computer is infected and fix it go to our web site and click on see it on tv. there you will find a link to a special web site set up by the fbi. san diego hosted nation most spectacular 15 second display of july 4th fireworks last night. the only one problem it was supposed to last about 20 minutes to half an about 20 minutes to half an hour. quite explosion. firework company apologized and blame the snafu on computer glitch. offering to redo the 1 25,000 dollar show for free, of cours course. >> florida life guard fired after leaving his post to rescue a swimmer has been offered his job back. lopez was let go few days ago. he broke a company rule by leaving his section of the beach. 21-year-old says the man was drowning outside the zone his company was hired to watch. head of the company now says firing lopez was wrong. what will lopez do. >> l i humbly decline the invitation for the job back. it's another chapter in my life closed. continue to get my schooling finished and get open with my career. >>reporter: manilo pez helped is recovering at nearby hospital. today the life guard company began training new lifeguards on the beach after the group that quit in protest of lopez firing also declined an invitation to go back to work. >> all right. time to get a check on our weather with sand sandy. hi. >> hi. the weekend is almost here. so is the heat. we see some summer like heat here in the bay area. it's summer. it should be hot. preventive from really getting too warm. this is lovely view from the east bay hills camera. there is mount tamalpiais one of the time lapse you just have to watch over and over again. all right this was from earlier this evening shortly after sun was going down and really marine layer has compressed. it was 2500 feet deep this morning. deep enough to where many of you woke up to gray skies and it was a cooler afternoon for the bay area. 15 degrees cooler in livermore but that marine layer is shallow so limited in the coverage. right now you can see it's along the coast and over parts of the ba bay. oakland behavior could see delay at sfo tomorrow morning if flying out for the weekend. temperatures in the 50's. 50 60's shows up in places like antioch. highlights. low clouds fog and clearing most areas tomorrow. slightly warmer tomorrow but warming trend really takes off this weekend and continues as we head that next week. here's what will bring us the warmth as you know much of the country from the central u.s. to the mid atlantic states dooels dealing with the very hot weather. tl heat advisory excessive heat warning post from the central plains out to the mid atlantic states. midwest won't get a break from the heat until sunday when a system moves in, cold front and brings cool i are air because the ridge will start to shift west ward so what we see is the effect of the heat in the form of hot weather inland. won't call it humid but certainly on the warmer side we hit the weekend and even bond as i mention. tomorrow morning temperatures in the 50's. more time if you have a commute. see folly conditions around the coast and bay but the fog burn off from all area except a little sliver a little patch that hangs around near the cost line. temperatures coming up away from the coast. low 60's at the coast. low to mid 80's inland slightly warmer for your friday. 66 glees san francisco on the peninsula load to mid 70's. 79 in oakland. pretty mild 83. your degrees in upper field and monteray bay 65 in monterey. up to 83 in morgan hill. here's accu-weather 7 day forecast if you have weekend plans wide range of conditions this is what summer is about. mid 60's coast side low 80's warm weather for cuss wednesday mid 90s but get you up into the mid 60's range along the coast comfortable weather near the coast line. sea breeze still around and so the fog. >> mike with sports first thing at 4:30 tomorrow morning to talk more about the fog and possible commute issues. of course i'll tell you right now. >> speaking of mourning. >> wake up call i can give you >> wake up call i can give you every morning. take a look to you. >> good morning sunshine you know what they say about an early bird. >> that's me. in case you didn't know. wake up call for you. part of the new abc 7 largely clock app when it goes off not only do i get you newspaper a good mood but the p.m. app has bay area news headline coffee. the 7 news alark available on the k score. great resource. >> absolutely. who wants to get soup early in the morning? look at the phone and get a couple extra minutes. >> exactly. >> all right thanks. >> up next. apple voice assisted you can see >> closed captioning brought to >> closed captioning brought to you by mancini sleepworld. >> reminder about the sleep train dream campaign. for every knew like we get on the 7 news facebook page this summer, 1 dollar will go to help bay area kids in need. so far, you helped us raise more than 1,000 dollars by simply clicking lik like. of apple personal voice assistant gets accuse inaccording to the silicon valley business journal. big spanish banking group will create lola. software being designed to help customers with banking needs. 4 buildings in gilroy historic monorail are to be closed next week it's a blow to the city downtown that has numerous vacancy. more on the headlines in tomorrow print edition of the business journal. >> all right rick is in for sports. >> what happened to the giants today? >> oh, no. no answer for that. coming up in sports. giants avoid being slept they had a good morning! wow. want to start the day with something heart healthy and delicious? you're a talking bee... honey nut cheerios has whole grain oats that can help lower cholesterol. and it tastes good? sure does! right... ♪ wow. delicious, right? yeah. it's the honey, it makes it taste so... ♪ well, would you look at the time... what's the rush? be happy. be healthy. >> it was a tough day for the giants. first found out veteran second baseman sanchez needs back surgery and is out for the season. then they lost a heart breaker to the nationa nationals. turn back the clock day for the series finale at dc. 4th inning. cabrera double down the left field line. justin had 3 hits today makes it 4-1. giants strike again in the seventh. angel sends this ball in the gap. sandoval running from first chug around third. he was pooped. matt with control until the seventh. back-to-back home runs here. 5-3. nationals monthly yol done is harper blooper to left field. another run score. lead down to just one. santiago trays to close-out in the 9th but harper comes through again and game tied. 1 out and bases loaded adam hits into what should be an inning ending double play but bell can't come up with it. 6-5 the final. giants get swept. they are in pittsburgh tomorrow. >> now to continue is in. serena williams gist one win away from the fifth singles title at wimbledon. took care of no. 2 seed in the semi-finals. serena is the first 30-year-old to make the women final since grav back in 1999. nasty drop shot. she would beat her in straight says. williams all over the court. serena served up a tournament record 24 aces. last come on match point so tl faces poland for the title on saturday. pair of logical basketball product jason kidd and jeremy linn may on the move. espn reporting kidd is leaving the maverick to sign a 3 year 9 million dollar contract with the knicks and lin may leaving and he agreed to 4 year 30 million dollar offer from houston. something l is lin credible. sign the deal on july 11 they have 3 day to match the offer. >> u.s. women open cupertino hand that shot opening round 4 over par 76. at age 14 she's among the youngest players to ever qualify for the open. south korea had shot of the day in par 5 many, third shot on the green then roll down to the bottom of the cup for an eagle. she's one over for the tournament. rookie in 3 way tie for the lead threat under par. tied with two other americans christy and britney. him if at the green brier classic tiger trying to win for the second straight win but 8 off the pace. double bogey 17 en route to 71. jonathan bird made birdie on 3 of the last 4 holes with 6 under score now 1 shot hyped leader dj singe that is the abc 7 sports report brought to you by river rock casino oychlt thanks so much. thanks for watching your next i'll have the $4 everydaynext value slam with... 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