the baby's mom, step dad and baby-sitter were arrested. police open that had investigation because of the extent of the boy's injuries, and evidence of past abuse. investigators are still trying to locate a 16-year-old. >> and police shoot and kill an armed domestic violence suspect. the second fatal officer-involved shooting in five days. and this shooting happened in a parking lot of a safeway at 709 lincoln road west. there is is nick smith live with the latest. >> and their training may be top notch but the family is asking if more could have been done to save him. >> and they didn't have to kill him. they could have shot his leg autos the sister of a 44-year-old man killed by a police officer and mother of his daughter are grieving his loss and asking questions. >> i need to know what happened. you know? >> police were responding to a domestic violence call. the suspect was found in this safeway parking lot. officers say they approached the suspect and he got out of the red nissan, he was distraught and they can see what appeared to be a handgun in his waist band. officers called out to the suspect. >> i heard show me your hands, then six shots. >> a witness across the street and did not want to go on camera say he saw it play out. >> he was agitated. he woke up the house out here. >> and when he didn't comply, one officer fired a taser, it failed to take him down. that is when the officers say the suspect reached for, and grabbed a handgun in his waist band. >> the subject went for the gun. officers discharged a weapon and he died from injuries. the vallejo police department has been hit hard with cut back backs and losses. the department has been under scrutiny in what appears to be an alarming rate of officer-involved shooting. saturday, officers shot and killed a suspect accused of robbing a liquor store. in may, a 42-year-old was shot by police after trying to elude capture. >> i can't speak to the space of the shooting but officers have the right to defend themselves. individuals have been armed with handguns. >> and this training is, you know, top notch. >> the officer tells me they're working with the staff they had at the peak of 158 officers and you know, they also talk about the situation when the officer jim caput, shot and killed in the back by a suspected bank robber. that weighs on the minds of officers here. >> san francisco fed medical examiner is trying to find identity of a body found by a passerby north of the bay bridge at howard street off the embarcadero just before 8:00. and police union officials have told family members of a man missing since june 25th that he was wearing clothing that matches that of the 27-year-old victor morillo. his friends last saw him at a giants game. >> this 4th of july, the fire department doubled the number of normal number, the crews on duty and don't know whether that will be enough to deal with an expected flood of emergency calls. and we have the story east san jose foot hill autos a lot of people can't imagine 4th of july without fire works. colors, sounds, rockets red glare and this is what it looked like in east san jose near story and white. tony lives here and like many people, likes watching and listening to displays. >> there is lots of colors and there is no celebrating tonight. >> we'll get hundreds of calls tonight regarding fire works. some of them will be nuisance calls where neighbors are concerned. others will be for injuries. and phone shallly property damage fires. >> there are so many, the fire department is asking for help. >> we want residents to use 311 to report fire works calls if it did not cause an injury or there isn't a fire and we're asking for early activation of injury or fire as a result of fire works or any other reason. >> ideally, says the captain don't fire off fire works. understand, you can face jail time or fines or cause injuries. >> if you're going to anyway, be careful as you can be. >> and. >> there is dry trees or grass that, something we want to make sure kids are cautious when they do this. >> there are police working closely to make this safe, but the burden going to be on the public to see just how safe this 4th of july is going to be. in the east san jose foot hills abc 7 news. >> the 4th of july spirit alive and well and abc 7 news's dan ashley helped kick off celebrations. 25,000 people lined streets to get a glimpse of the floats and cars. there is a parade capturing imagination of spectators of all ages. >> spectators get easier every year. that is awesome owe it's important to get people together. >> and abc 7 news, you can see them there with the grand marshal cost $35,000 to produce the event. the city came up with $7,000. the business community contributed the best. and fire works will light up the sky over two year absence thanks to residents and businesses. this raised $50,000 to bring back the show. >> the celebration started with a parade and bands and over the 4th of july, there is about 1,000 people for an annual breakfast. there is a 20 minute fire works show over the port. the city hasn't had a show since 2009 when the price skyrocketed. and after doing without during tougher time autos and vais are just a warm up for the big show. and there are big fire works bringing thousands to the water front. we were there when lights were being loaded and charges triple checked at the pier. that is where they will go up. another is on barges. you can get a great view anywhere from chrissy field. shuttles are running from the cal train station, ferry building and market to the water front. and bart is adding more trains as needed. there are lots of other bay area communities holding shows and other 4th of july festivities today. for a list of times and locations, go to our web site abc 7 news.com. you'll find a link on the front page or you can see it under see it on tv. we'd like you to share your 4th of july parade. and you can up load to abc 7 news/you reports. >> everyone wants to know if it's going to be nice and clear. >> so far, so good. spencer? >> yes. so far. and there is fog coming back up along the coastline and could be a problem for san francisco fire works tonight. there is fog returning and timing temperatures mild between mid-50s and mid-70s. there are temperatures from low 50s to upper 50s. and cooler than today highs into upper 50s to 60s at the coast. there is an hour by hour look at approach of the fog to figure out if fire works will take place before fog arrives here in just minutes. >> thank you so much. >> and still ahead on abc 7 news a painkiller controversy. why the maker of the uniform is testing medicine on children. >> the company that makes dr. dre head phones is about to give users more music. f. >> and michael finney is taking your questions on twitter and facebook and will answer them here live later on. you can contact michael on twitter and facebook.com. >> taking a look outside, at the skyway, there is the lower deck of the bay bridge, if you had to work today and you're about to leave to go home, it's looking good. light traffic on holiday wednesday. ♪ ♪ we were skipping stones ♪ and letting go ♪ over the river and down the road ♪ [ female announcer ] at nature valley, we know nature comes together in amazing ways. that's why we bring together natural ingredients, like dark chocolate with toasted oats, or sweet golden honey. perfect combinations of nature's delicious ingredients, from nature valley. ♪ ♪ i was thinking that i hope this never ends ♪ [ female announcer ] nature valley granola bars, nature at its most delicious. checking healthy living news the maker of oxycontin is beginning to test on med sichblt it's a highly addictive painkiller, and producers need to study to extend the patents and this insists it's not for financial gain but to give more information on how the drug acts in children. the company has a lot at stake, earning nearly $3 billion last year. the world health organization is investigating a mysterious and deadly disease killing children in cambodia. 61 of 62 children have died. the disease starts with high fever, then respiratory failure sets n officials say identifying the cause is going to take a while. and there doesn't appear to be links between them. >> research shows vitamin d could help prevent fractures, 31,000 were given 800 or more international units per day. results were a 30% reduction in hip fractures, senior citizens account for 75% of all bone fractures and the research in the new england journal of medicine studies people 65 and older. 91 pr of nem, women, it's recommended seniors get 800 ius every day. >> there is a company behind the dr. dre head phones is streaming into music. >> there is u.s. safety auto regulators say the company didn't expose d backs within the time required by law including fires -- tire that's weren't properly labeled and air bag that's may not deploy in a crash. new analysis from the insurance institute says july 4th is the deadliest day for teens and drivers. if it proves true, 140 people westbound killed today. you've probably seeing people wearing these fod phones. and there is the streaming service and suspects software to give a listening experience that is better than spot fi and other competitors and markets closed today for independence day holiday. in the new york stock exchange, with the bloomberg after the bell report. >> news is in west vallejo, a brush fire broke out a short time ago. sky 7 is live over the scene right now. you can see firefighters have a good handle on that, they're trying to douse flames, it appears to be a couple acres and no homes are threatened. you can see they're working to make sure this doesn't become a big fire. >> there is hopefully not too bad. >> it's not hot, but it's warm. winds 15-25 miles per hour with gusts stronger and it's dry but we don't have extreme conditions. there are sunny skies now, most places but will hold up tonight? there is a live view from our camera looking at the golden gate and looking towards golden gate. there is a look at live doppler 7 hd giving another look at the fog on the coastline continuing to do so. and this is a look at conditions right at golden gate. there is some over the western edge, temperatures 56 degrees, winds 24 miles per hour. and so that means that fog that builds in is going to be gutted throughout the golden gate it's just a matter of timing as to whether or not they will begin before fog starts to get heavy tonight and thick. and there are temperatures that are spanning from 57 degrees to 81 in fremont to 91 inland. there is warm in spots. highlights, fog continuing to push locally inland and cooler in most areas tomorrow. and then, a warmer pattern settling in for weekend and continues into next week. speaking of warm, national heat wave continue was hot weather blanketing eastern three quarters of the nation, and then, out here on the west things are milder and more moderate. mild to warm conditions here in the bay area now. starting at 7:00 tonight fog will be pushing through golden gate and probably out over the bay. right around the time of the fire works at 9:30 or so. 12:00 in the morning wide spread fog, and more so than we've seen last few nights skpcht it will burn back tomorrow into the daytime. there are lows into 50s and tomorrow, 5:00 we'll see fog pulling back to the coast, back to the coast. and this settles into afternoon hours. and there are upper 50s to about 60s. and there is a look at highs in spots. low 80s and upper 70s to low 80s into inland north bay. accu-weather forecast looks like this. temperatures rebounding friday. starting to warm up over the weekend and highs into mid-90s and mid-80s around the bay. mid to upper 60s on the coast. >> i can't help myself. >> good morning. >> there is a wake up call. >> what else do you need? >> what is the first thing you look at in the morn something not the mirror. it's a smart phone. a lot of us here use them as alarm clock autos yes. >> what else do you need? it's time to get up, get going. >> that is where you can let the team wake you up with the new alarm clock. when it goes off, it gives you news headlines weather and traffic. >> that is right. so easy and available for you on the app store. >> and this is the best part, i think. >> down loading it for free. >> thank you. >> and it's a beautiful day, many people are setting it outdoors. and what if you got too much, too soon? taking a look at what you can douuuuuuuuuuuuuuuuuuuuuuuuuuuuuu [ male announcer ] now at your neighborhood subway: dinner...is...served. tonight, take it easy and enjoy your favorite soup, salad and hot, hearty sub. like the toasty big hot pastrami melt. get to your local subway for some dinnertime deliciousness tonight. subway. eat fresh. fiber one. almost tastes like one of jack's cereals. uh, forgot jack's cereal. [ jack ] what's for breakfast? uh, try the number one! i've never heard of that. [ wife ] it's great. it's a sweet honey cereal, you'll love it. yeah, this is pretty good. are you guys alright? yeah. [ male announcer ] half a days worth of fiber. not that anyone has to know. fiber beyond recognition. fiber one. gas costs nearly 20 krentsz less and the biggest celebration set to go up behind me over the hudson river with stars performing live and 25 minutes of fire works and also on the 4th of july former battleship uss iowa became a floating museum. the mayor and others were on hand in the los angeles harbor to commission the ship. beginning saturday, it will welcome visitors with displays. it's taken out of service after the korean war, and for years kept in a fleet in sassoon bay, waits refurbished and this spring towed to san peed dro in southern california. >> there is a summer tradition, celebrating its 100th year. >> coming up, the alameda county fair for food and fun. >> and and on facebook, michael finney will be answering questions later on. >> i'm spencer chisin. looking at fog this is changing our weather pattern, i'll tell you about it when i come back with the accu-weather forecast. >> looking at the maze you're seeing light traffic that is if you're heading into san francisco. heading left you'll have a little bit of a slow down. stay with us. alameda county fair is celebrating 100 years of rides and food ask everything else a fair can offer. don an chez had the tough assignment today. >> the way i've been walking around today i feel like i'm 100 years old. the county fair is certainly about the rides and exhibits but it's also about food. >> this is a monster dog here? >> yes you take a dog and wrap it in batter, fry it and come up with a classic corn dog. and fries come in a brick and requires technique to get a taste. >> if i grab one is the whole thing going to fall apart? >> no. no. i don't think so. >> there is -- that is hard. >> how does it taste? >> nod knot bad, not bad. >> if you want another go for it. >> no. my doctor is watching. >> there is serious cooking going on. this is the amateur barbecue and cook off, they've dressed up with rubs and sauces. and these guys take the top prize. >> everybody thought the sauce is good. it's cooking technique you can use almost any rubbing sauce as long as you have the right technique, come up with a good product. >> there is nothing more americanna than barbecuing on the 4th of july, it's a fame plus thing. >> then, over the top, the 4th edition. and these guys did 31 of them. >> this is dry. have you to make sure there is a good touch of water. >> just got to go, nonstop. >> and let me show what you is popular, these are all deep fried. fruity pebbles and reese's peanut butter cups, these are deep-fried ding dongs which i understand are maybe the most popular item here, so of course in the interest of fairness... and reporter involvement and research... >> goodness gracious. >> i eat this way all the time. >> wow. >> and there is going to continue, this continues through friday and it will be here until then, eating. >> oh, man. anything fried and on a stick is all right by me. >> yes. she's into health food. >> and there is one day. >> spencer is checking weather. >> it does look nice out there. we're fortunate to be where we are. the country is swaeltering. and there are upper 90s to over 100. things looking good across california tomorrow. mild, to warm, and not exceedingly hot. 92 up in chico. 98 fresno. there is often that way. there is sunny skies, cooler than today, highs into mid to upper 70s, we'll see partly cloudy skies and sunny skies highs from low to mid-70s. there is 74 in mountain view. and 65 degrees downtown san francisco. 59 into sunset district. north bay highs into mid 70s to around 80s. there is upper 60s to low 70s this in the east east bay, highs into upper 70s to low 80s inland. tonight we're hoping for fog that is approaching to slow down just a tad to see fire works here. >> okay. keep our fingers crossed. >> thank you. >> and there is a big dits curry. >> ahead a break through that they've been chasing for decades, finding a missing piece they need to explain the universe. >> and why aren't airlines required to tell you about fees? or, are they? i'll have the answer to that question and more from facebook and twitter coming es there are some fire works for 4th of july. take a look at these images. they show a solar flare so powerful it's prompted radio communications over europe and sent part cells -- particles shooting over space. >> and this is a die when science pay as tension to smallest items in the universe, huh? >> there is the announcement today of a new particle. >> it's very, very small. so small that scientists so co-only theorize the position, now there is proof the standard thought is correct. there is a rare sight. >> as a layman boy say we have it. as a scientist very to say what do we have? >> they had theorized for 40 years but only after colliding particles would be able to produce one this, is important because it provides mast to electrons. to put that into perspective we spoke with dr. tim. >> if this does not have a mask we would not have stars and galaxies and it could be different, different universe. >> yes. would it be a big deal. maybe you're wondering what this means? well, not much, not yet and this is a a fundamental of nature. >> wayne, thank you very much for that. >> amazing. >> and there is michael finney answering questions. >> are you ready for the first question? >> i am. >> this comes from carol who asks via facebook she wants to know why airline flights don't have to list added fees they charge you?. >> you're slightly behind. they do have to actually tell what you the fees and taxes are and just fees and taxes. getting into your luggage or aisle seat and all that have they don't have to put that on the main page but it has tb a click away. this is -- these are all new rules. let me go to a graphic. a web site nerd walle wallet.com/travel. this makes it easy to figure out what you will spend. >> i like that, nerd wallet, cute. this is a question, what are the laws about gift cards? do they lose value? he says my daughter is leaving for college. i want to purchase gift cards for her. >> not a bad idea. in california they're not allowed to expire unless they are worth less than $5, aren't used for two years, then, they can go off at $1.50 a month. if you have a $25 gift certificate, it's good forever until she starts using it. >> but in california it's good? >> right. a lot of states copied but it's state by state. and this are many states copied us now. it's not that big of a deal. >> liz asks ask you get an eviction off your record? >> you can get it off your record but there are only two ways to do it. she's talking about credit report. that is wait seven years until it comes off, and that eviction would be 30 days after your eviction is when this would start counting. another is to say i wasn't evicted and you need to take it off, then, the agency has 30 days to check into it. if it can't make a determination then goits off. >> and that is interesting. >> and when it's hot out, sometimes ice cream can do the trick. >> yes. but a lot that have could become, you know what it is, i cold treat and a painful headache. what doctors say you can do to prevent brain freeze. >> then at 5:00 local researchers find a way to test for defects in unborn children. eating ice cream is a national past time. and abc explains the freeze has everything to do with pain, not pleasure. >> when it's this hot outside this... can with music to your years. every year the average american consumes six gallons of the cold stuff. it can lead to screaming pain. >> this is brain freeze. >> the worst headache. >> military doctors are studying the rocky road to brain freeze and found this is your brain. and this is your brain on ice cream. as you look down that scoop, the treats send a icy blast. the same nerve that detects pain in the forehead, then, braincicle. >> cooling occurs. that is picked up by that nerve. >> this doctor says it is very common. more so if you're prone to headaches and scientists say it sounds. >> eat cautiously and slowly. like your mother told you i decided to test that theory. >> this is strictly in the name of science. >> this is still going on. >> if you just have to have that slurpy, don't sweat it. but slurp at your own right after this ook there are ways to ease brain freeze, you can curl your tongue and press it on your roof of your mouth and drink something warm or slow down. enjoy ice cream. >> and there is it. >> thanks for joining us. >> we invite you to be part of abc 7's sleep train campaign. for every new like on the abc 7 news, $1 will go to help foster kids in need. >> and go to facebook.com/abc 7 news and the news at 5:00 begins now. >> another officer-involved shooting. police resort to deadly force. a taser fails to stop a suspect. >> fire works and dry conditions keep crews all over the bay area on call this holiday. >> and there is a sunny, warm 4th of july. the answer is coming up. >> and there are firefighters stomping out a brush fire saving homes and this is leaving a major freeway backed up. it broke up, stopping traffic nearly an hour. >> that is right. we'll keep you update fd anything else changes on that situation. good evening. >> there is the latest on traffic and the fire. >> there is the chp reopening both eastbound lanes. this, as you said had been closed about an hour, then down to one lane but traffic now is flowing smoothly. this is what it looked like just before 3:00 this afternoon, sarted near some homes and then, made it's way up the hill cords the freeway. firefighters were on it rather quickly and able to contain it within 30 minutes. there is what it looked like. there is homes at the bottom of the hill were threatened for a short time. and there is a fire contained and out by 3:20. and the mop up continued until los to ak. and this firefighter just left so this is a live look at highway 4. i'm standing on the westbound side. you can see eastbound side is all clear. no injuries and to serious damage from this fire. near martinez abc 7 news.