Just minutes ago. The suspect in the stabbing of a fan after wednesday nights game was released from San Francisco county jail. Im dan ashley. Im carolyn johnson. Alan wang is at the jail with this late breaking development. Alan . Technically the jail computer shows that Michael Montgomery is no longer in custody. We have not seen him walk through the front doors of the jail. There is a good chance he was released through a side door due to special circumstances. Michael montgomery from lodi was in jail since yesterday, the day after he stabbed and killed a dodgers fan after a game outside at t park. Jonathon denver died from his wounds after he and some friends got into a rivalryfueld altercation with friends outside a bar after 11 30. In an interview with the sentinal they claimed their son was outnumbered and they say he was hit in the head with a chair so he fought back in selfdefense. That appears to be why he was released. This evening the District Attorney george gascone says they do not have enough evidence to prove murder beyond a reasonable doubt. They said it is vital to have independent corroboration of the incident to meet our ethical obligation to charge this case. Earlier we did speak to a man who was released from jail. He was in the cell with Michael Montgomery and he looked to be a very young boy, but he is 21 years old, but he appeared to be a fish out of water. He said montgomery told him his story and said it was in self defense. Montgomery appeared confident with his story. Alan wang reporting live from the jail in San Francisco. Abc7 news. Alan, thank you. Stay with abc news with continuing coverage. We will have the latest online at abc7news. Com. You can get breaking news updates by following us on twitter. A news crew is all right after an attempted shooting. It happened in San Francisco. This as police looked for evidence inside. Two armed men demanded the reporter equipment. The reporter gave it to the men and then took cover. They fired shots at them. One was hit and they took off in a car. Police say a man walked into San FranciscoGeneral Hospital with a gunshot wound. Police have taped off the persons vehicle. Officers will not confirm that the incidents are related. A horrific car crash this morning claimed the life of a high school student. He was on his way to lincoln high with his mom and sister when a speeding car slammed into the van killing him. Students have struggling to process what happened. Sergio has tonights developments. This was a morning crash that left a scene of crumpled cars. He was a passenger in a minivan that was hit by a speeding silver mercedes. Word quickly spread that one of their students was in that crash. The junior and senior that passed away, i didnt know who it was. There was a guy in my class that was missing. We sat next to each other for the next few years. We would talk a lot. We would help each other with homework. We would play games together. Fellow students describe kevin as an avid bicyclist and an active member of the rotc drum core. The candles and flowers were set up feet from where the fatal crash happened earlier this morning. He was the victim of the crash. His mother and sister were sent to the hospital. Three other victims were sent to the hospital. This silver per Mercedes Benz came careening down. The van was sitting there and it was stopped. I watched it flip over. The driver of the silver mercedes was not injured. It may have been speeding at 80 miles an hour. Officers spotted the speeding suv, but had little time to react. They didnt have time to activate the lights and sigh sirens before the crash occurred. Abc7 news. Three people were killed in a house fire in San Francisco. The fire started at about 1 30 this morning at 18th avenue and pacheco street. 33yearold raymond c and his 1yearold daughter chloe were killed. The childs grandfather was injured and died at the hospital tonight. The mother made it out with minor injuries. Investigators say the fire was a tragic accident. A giant fire is causing air quality problems today in parts of the bay area. The fire broke out just before midnight about 20 miles from vacaville. There was heavy smoke and the fire could take another two days to burn itself out. Nick smith was in winters tonight. This was the scene as it burned from the peak. At least five other surrounding agencies working to get ahead of the blaze. Expensive agriculture equipment and light up the night sky as more than 200 tons of hay were consumed in the inferno. Parts of yolo county remain under the red flag warning and the fire can be seen off 505 near winters. More than 16 hours after the initial 911 call. The smoke impacted the freeway. We had the slow traffic and at times closed portions of the highway. Smoke had an affect on air quality in winters and beyond. With the help of the winds the smoke was pushed to pleasanton and livermore and at one point could be felt in santa clara county. Now, the slow, long process as firefighters wait for the fire to burn itself out. We think we lost 20,000 tons of hay and sales were going for 200 to 250 a ton. So they are switching up their strategy. Choosing instead to protect the buildings that are not building and to prevent the spread of the fire. Between the structures, the product and the equipment, the losses at this time are believed to be well above 6 million. In yolo county, nick smith, abc7 news. Well, the wind has helped clear out some of the smoke in parts of the bay area. Meteorologist sand yaw patel is here with live doppler 7hd. Sandhya in sandhya . The wind switched directions and lets check out live doppler hd and i will explain. What happened is the sea breeze started to kick in and when the sea breeze came in we started to see the smoke moving away from the bay area so the westerly wind direction helped. The current wind speeds are lighter as you can see. Check out the time lapse. There were still enough smoke layers to get the redish hue of the sunset. We have changes coming this weekend and that includes the possibility of needing the umbrellas. We will see you shortly. Developing news, Pinole Police are reconsidering opening the case of a girl after it was closed. Amber schwartz was seen in 1988. The fbi and Pinole Police closed the case in 2009 two years after serial killer curtis Dean Anderson confessed to kidnapping and murdering her. She was serving time for murdering another girl. Ambers family has been skeptical. There was no physical evidence. A family friend started an online petition to reopen the case. Pinoles police chief says he will talk to the fbi on tuesday for more information on why the case was closed. He says he will reopen it in pinole if he is not convinced the case should have been closed. Next week will mark 20 years since another highprofile kidnapping case. Polly klass was ab abducted after a slumber party. The kidnapperrer her kidnapper is now on death row. Pollys father says he has not forgotten or for given the man who took his daughters life. I will witness the execution with great joy. Yes. I will drink champagne after he is snuffed. After pollys death mark klass started the Klass Kids Foundation to prevent crimes against children. A man started punching and kicking a woman at laguna street. A parking control officer saw it happening and tackled the man. Police say the man suffered an injury and was taken to the hospital. He died last night at 10 15. San Francisco Municipal Transportation Agency is waiting for a Police Report before commenting. President obama made history when he spoke with the newly elected president of iran. It is the first time in more than 30 years that a u. S. President has done so. The two spoke by phone. The very fact that this was a First Communications between american and iranian president s since 1979 underscores the deepness between our countries. But it it indicates the process of moving beyond that difficult history. He was in new york for the u. N. General assembly. He tweeted president president obama wishing him a nice day and said hello and goodbye in farsi. Coming up, how halloween it boosting business in the south bay. And with halloween right around the corner, one of the largest retailers in the world is pulling a childrens costumes from store shelves. Why it is not the outfit they have a problem with. The dangerous new drug that literally rots flesh and bone. Is a month away and halloween hiring is getting started. Theme parks and theme stores are gearing up for the spending spree that goes along with october 31st. Abc7 news anchor ama dates is live at Great America in santa clara. Ama, trick or treat. Hi, dan. I prefer a treat, but i think i was tricked here at Great America for their halloween helicopter that kicks off lots of scary creatures everywhere. As you mentioned halloween is big business as everyone goes outlooking for a good scare. It is a howling good time at Great Americas halloween haunt. Frightening creatures and scared guests inside this maze. It was scary. I think the 3d glasses added a good affect to it. Reporter the maze is one of the attractions bringing in people from all over the bay area. Halloween is a major piece of the business. Reporter the Vice President and general manager says halloween is huge for them. It is so big they load up on seasonal workers. We beefed up to about 2500 employees. We had another 500 for halloween haunt. Reporter Great America is not the only employer giving a boost to it the economy. They hire a lot of college students. We want to make things look nice for customers. Reporter according to a survey, halloween sales are expected to be down this year with the average person expected to spend 75. 03 on all things halloween compared to 79. 82 last year. A trend this store is not seeing. Has business been good . Business has been better than last season. It is picking up a lot. Reporter carol expects to spend the same this year compared to last. She is shopping for home halloween decor and costumes for her two boys once they finally make a decision. It is going to take awhile to decide. I might be a zombie or i might be a vampire. Whatever they choose they are sure to be spooky. A childs Halloween Costumes is stirring controversy at walmart. Take a look. This is the naughty leopard costumes. It is the name that the customers dont like. It is not actually the costumes itself. They disappeared from the companys website. The company is apologizing for customers who may have been offended by the name. A potent and dangerous drug has shown up in the united states. It is known as crocodile because it rots the users skin making it scalely like the animal. It is made of codeine, iodine and paint thinner. A decade ago it became popular, a cheap alternative to heroin. The average user lives just three years. Last week authorities in arizona reported two cases. Thats the first time it has been known to appear in the united states. They switched on the snow making equipment this morning. It allowed the resort to make the crisp white powder. Hard to say if it will stick. If it does the resort hopes to start up the lifts in about 30 days just before halloween. I cant believe we are talking snow. It is remarkable. It is warming up. Sandhya patel is here. The inland highs will come up a couple more degrees only to fall everywhere on sunday and we will bring the possibility of rain. We will be tracking it and the best possibility will be in the north bay. As you look from the exploratorium camera looking out 250rd toward coit tower it is 57 in San Francisco and the mid60s in oakland. 62 in san jose and 48 degrees in half moon bay. We are still going to have some chilly spots for your saturday morning plans. Emeryville camera looking back toward sutro tower. 65 in antioch and it is currently 62 in livermore. San francisco in the clear. No fog around. Mild to warm again tomorrow. Light rain for the north bay. Sunday afternoon, and we are looking at showers on monday morning. At least a possibility for most of the bay area. Most will be in the north bay. Here is the system that will bring in a chance of light rain. Look at the moisture tap. This is the remanence of a former typhoon getting taped into. This system is aiming its energy into the pacific northwest. They will see some snow there. Here in the bay area we will get a small bit. 11 00 a. M. For your saturday plans, sunny skies and if the kids have games early tomorrow morning it will be dry out on the fields. If you are just thinking about taking the dog for a walk or running yourself things are fine for saturday. Sunday is a little bit of a change. There is a chance of rain mainly in the north bay on sunday afternoon and evening. Really monday morning could see drizzle in the east bay. Cant rule that out. We will keep in the shower chance through the lunchtime hour on monday. Not expecting a lot. The temperatures starting out on the cool side. Upper 40s to the mid50s. This is how it is going to look. 84 morgan hill and nothing but sunshine on the peninsula. Pally a will palo alto and mountain view. 66 degrees and you expect this around this time of year. North bay 80s and santa rosa and novato and 78 in san rafael. Near afnlg temperatures and 80 for hercules. A pleasant day and 82 concord and livermore and a lot of sun as the giants take on the padres tomorrow afternoon. We are looking at mild, sunny weather. Upper 60s dropping to the mid60s. So i think you can get away with short sleeves. Make sure you have your umbrellas. Cooler on sunday and monday. Thats where we will see the best possibility of rain. We will dry it out and warm it up to the middle of next week. Thank you. We have the latest on the as. We know they will start the playoffs in a week. [ engine revs, tires squeal ] [ male announcer ] since we began, mercedesbenz has pioneered many breakthroughs. Breakthroughs in design. Breakthroughs in safety. In engineering. And technology. And now our latest creation breaks one more barrier. Introducing the cla. Starting at 29,900. The as have some decisions to make. Good decisions. Do you start bough loan know cologne. They are opening the final series of the regular season in seattle. Yellow shirts means trouble. Felix hernandez kills the as. A threerun bomb in the first. The 29th of the year. 30 at athletics in a flash. He is just browsing and they allowed two runs and winning his 18th. Pinch hitting derrick norris. High, deep and aloha. As win and clinch home field in the first round of the playoffs. Giants and padres, hunter pence receiving the willie mac award. Voted for his teammates and coaches and fans. San diego up 10 and not anymore. Juan perez deep off smith. His first career homerun. What better way to cap off the night for hunter pe nce than a home are of homer of his own. Number 23 for pence who is in a contract year and giants win it 73. Scary scene at san jose state. He had to be carted off the field with a head injury after a hit against utah state. The longtime nfl coach dick vermeil was honor neitherred was honored before the game. Burke appears to cross the plate and it should be a touchdown. They called him down. The coach could challenge and he doesnt. And the very next snap aggies recover and a blown opportunity. Ensuing drive and here is the senior quarterback and he is trying to make a tackle and lowers his head and is knocked unconscious. He is taken off the field in a stretcher. The good news is he has movement in all of the extremities. Ce aton keaton fires the first one and the aggies roll 4012 and sparty falls to 13. Nfl, niners will get a few extra days of rest before they face the texans on october 6th and that will be much appreciated by vernon davis who caught a touchdown pass in the win over the rams. Vernon is i guess a special creation. He has a different kind of blood throwing through than you or i do. He has a tear in his ham spring hamstring. It just heals back together. I would like to order me some of that vernon davis blood. Abc7 sports is brought to you by riverwalk casino. At the end of the week we can all use it. Thats for sure. A big toy for a big city. Next on abc7 news, where this globe when ifor your business. Curity tyco integrated security. Well do a security review of your business to understand your needs, customize an integrated solution that meets your specific challenges. And deliver it all with responsive local service, and a personal passion to help you protect your business. Well even give you the power to manage it all. Right from the palm of your hand. Call us for a Free Security review. Nice car. Sure is. Make a deal with me, kid, and you can have the car and everything that goes along with it. [ thunder crashes, tires squeal ] so, what do you say . Thanks. But i think i got this. [ male announcer ] the allnew cla. Starting at 29,900. Saturday morning plans will include clear skies and a little bit of a chill still in the air. We will call it a light start. Cool breeze upper 40s to mid50s. 8 00 a. M. To the 50s and 60s. Lisa argen is here at 5 00 a. M. And tracking the rain on sunday afternoon. Carolyn, dan . We are tracking something else. It has been spotted in hong kong , sydney, australia and amsterdam. The Worlds Largest rubber duck key is calling pittsburgh, pennsylvania home. It stands four stories tall and three stories wide. Each city built its own plans and the big bird is meant to remind people. That we are all creatures sharing the same water. I dont know if i get that out of that. Now we know the message, right . Coming up next, jimmy kimmle and actress amy poehler. Im carolyn johnson. And im dan ashley. From all of us here, we appreciate your time. Connect with us on twitter, facebook and all of your mobile devices. It would run on the most Affordable Energy source available. It would charge overnight. Every morning, youd wake up with a full tank, ready to go. If the car was invented today, it would be the 100 electric nissan leaf. With over 200 million gasfree miles driven and automatic hov lane access, the question isnt why electric . Its why gas . [ male announcer ] the 100 electric nissan leaf. Nissan. Innovation that excites. Now get a 2013 nissan leaf for 199 a month. For 199 a month. Dicky from hollywood, its Jimmy Kimmel Live tonight, amy poehler, Stephen Merchant and music from bastille. With cleto and the cletones. And now, how do you like this . Heres Jimmy Kimmel Jimmy thank you very much. Thats very nice. Clapping for me with your hands. And thank you for joining me