one man is in custody. police say another already had a warrant for his arrest and there is another twist. there is a rental car according to police, this car confirmed to us that it is one of theirs but it's unclear at this point whether the person driving was the person who rented it. in antioch, abc 7 news. >> okay, thank you. it could be a long night in san francisco. supervisors decide wlg ross mirk rim -- mirkarimi will be removed from office this, is a live picture inside of the chambers right now using cell 7 technology. 300 people are inside and there is everyone, we understand, who wants to speak will be given a chance. >> this could be a late night. there are two we questions, one, sustain charges of official misconduct against sheriff ross mirkarimi. other, not to sustain charges. the mayors need nine votes of the 11 to uphold the suspension. the formal tren taigss by attorneys are over. and now, there is a public voicing opinion. >> thank you. >> this is suspended sheriff ross mirk reamy and his wife were greeted by throngs of supporters. the waiting crowds grew to about 300 or more. most of them seem to be his admirers. mirkarimi and lopez spoke to us outside. >> i am so happy. we've all been support. i hope the mayor and supervisors listen to people this, is the message. >> this is culmination after 10 months it's been agonize together family and to the san francisco family. >> and this started withstanding room only. first ethics commission president spoke about decisions in august. >> there is a decision the mayor sustained charges of official misconduct on the basis of the physical abuse from the sheriff. >> deputy city attorney sheri kaiser presented the case, asking to uphold his suspension. >> the sure in his testimony to them minimized and sanitized his account of the events that he was not truthful or forth coming. >> the attorney represented mirkarimi sat in a corner listening intently. the punishment does not fit the crime. >> and this is the mayor never alleging he committed he fishl misconduct in performance of official duties. >> the supervisors present hopes they will vote tonight f they don't, the charter permits them to vote next week f they don't act next week, he is he reinstated back as sheriff. as you said earlier this may be a late vote because he promised he wants everyone to have a say here tonight. i talked to david wagner who said if they lose here tonight they'll appeal but there is something like 30 days to do that. if mirkarimi is reinstated i heard from an activist they'll start a campaign. at 6:00 you'll hear some of the testimony. >> this sounds like it not over yet. >> tourists got to see something they did not expect. rescue of an injuried sea sea lion. there is one team responded but couldn't help until they shot it with a tranquilizer to slow it down. they then sneaked up on it and. >> if those get into the ocean they're deadly. because... these guys are real curious. they'll trook take a look then they get it on like a collar. >> they can choke to death on these straps. sea lion will be evaluated by veterinarians before released back into the sea to rejoin its buddy autos the president is back on the campaign trail tonight fresh from a trip to san francisco. the president left the bay area this morning with $4 million added to his stash there is a rally at ohio state university urging supporters to get out the vote and directed them to buses to give them rides to early voting locations there is a poll showing the lead narrowing in the key battle ground states. he holds a 51% to 47% lead among likely voter autos there is republican presidential candidate mitt romney stepped up campaigning in ohio today and there is a strong showing during last week's first presidential debate. polls show a narrowing race. >> there are people producing sesame street asking the obama campaign to take down a campaign featuring big bird. here is the ad. >> big bird, big bird its me, big bird. >> big, yellow. a menace to our economy. and milt romney knows it's not wall street have you to worry about. it's sesame street. >> i'm going to stop the subsidy to pbs. >> zp this sesame me street folks say they don't endorse candidates for participate in political campaigns. obama campaign says it's taking their request under advisement. >> a's going up against tigers tonight and trying to keep playoff hopes alive. there is they they are down. >> you would think they are up, not down. everybody thinks they're going to pull off a sweep and move on to the next round and if there is anyone that can do it, it's the a's. and there is where they swept owe get into playoffs. these guys are going to have fun. >> this is what it's all about. you play 162 games per year to get into this position. and there is to be in playoffs it's been everything i thought it would be. this is a blast its been fun. right? >> fun making it post season. but that is behind us now. and this is about getting to it. winning the world series. >> if you can win it's here. >> we do. we have had a great crowd here and there is a great last home stand. and we're going to take that confidence and ability. >> is some great energy out here, there is an update. they're tied with since since we'll have highlights that have and some from a's coming up later at 6:00. >> thank you. >> and a's fans are raring to go this is a a parking lot packed with tail gators. and there is i hope to coming up and play hard. and come out, hitting hard, today. >> who is this? why a fantastic time. >> let's hope so. a aets haven't won a post season game since 2006. owners say those tarps on the upper deck may come off allowing thousands more to go to games if the team advances to the championship series. we'll see. >> so cool. >> yes. >> and still to come another nobel prize winner with ties to a major bay area university. >> and local schools hoping to take a bite out of bullying by centering a new program around lunch breaks. >> there is live doppler 7 and i'll let you know who will see a possibility of showers coming up. >> and we know anything can happen on live tv. you're going to see this show went on after a host fainted on the job. the news continues in one minute. an american fizzit who studied in uc berkeley is the co-winner of the nobel prize in says fizics. and will share a $1.2 million prize with a friend. the two indly developed method odds manage and control fragile quantum states. >> it's a bit over the top. and this is probably in some people's minds i'm probably a lot smarter than i really am. >> and the work could help scientists develop super fast quantum computer autos congratulations autos there are schools taking a different approach to stopping bullying there is four schools kicked off a no one eats alone campaign. there is the story. >> lunchtime can be lonely for some kids. >> and this is ip going to feel sad because i zront no one to sit with. >> it can be stress oofl they go with other people, i just stay alone with my other friends, then... i feel different. >> does it hurt? >> kind of. >> i feel angry. >> that doesn't happen anymore to students at this school in san rafael. these bands symbolize inclusion. >> if you see someone eating alone you want someone to say hey, do you want to eat with me. >> idea started by laura tallmot creating beyond differences. her late daughter lilly had a syndrome that z.she says it affected the way her classmates treated her. >> it's like occupy middle school. dot most positive thing you can think of but change culture. >> no one eats alone initiative has several trained team leaders monitoring lunch hour, they're in black tee shirts. >> making kids are involved and no one is eating alone or feeling isolated. >> excluding someone is a type of bullying and studies have shown this type of isolation has a impact on students way beyond the lunch room and when engaging with others ed skaters say it changes how they interact in class. >> we see them more engaged and see them sharing and social skills improving. >> goal to have all on board by the end of the school year. >> good idea. >> wow. >> there is a year long investigation into mortgage fraud led to charges against 500 people accused of bilking homeowners. >> michael finney has been reporting on this since the very beginning. >> and so many homeowners have been biked by scams like these. homeowners will pay fees with promises and others pay hefty fees on promises better mortgage terms being negotiated on their behalfs there is a sunt from brentwood authorities prosecuted him earlier this year. and there are feds handing down an indictment. >> you'll see there are a number of run ins with law enforcement in the past. i don't think he's faced anything as serious as know. >> and there is identified 91,000 vulnerable victims. >> and i'll continue to follow this case. >> fear that's food prices appear to be high appear unfounded. economists say an increase is unlikely since fuel is only a smart percentage of the cost of farming. and there is economies paying more on the dollar. shoppers will be able to get same day delivery shopping online. part of tests being run in a handful of cities including san francisco and san jose. customers will be able to order select toys and equipment for a delivery charge of just $10. you'll be allowed to select a four-hour window. amazon announced that this would offer same day delivery from 40 warehouse as cross the country so now, that is going to be the fight. how quickly. >> i love it yes. >> and there is for one home shopping channel, the show must go on. this host fainted on live tv. >> mom and dad want them to be sa. want to do everything and you know... this is. >> are you okay? >> and what this does is gives us an opportunity he kept talking. what? it's not clear what happened to her, i think he braced her from falling to the ground. he kept selling away. she is okay and posted that she was feeling a lot better. and apparently she has a blood sugar problem. >> i had a fear that would happen. >> i'm feeling alert. >> i'll call 911. >> yes. >> there is possible moisture, let's see build ups over mount diablo. moisture getting heated by the sun there is sunny and showers possible as we head into tomorrow. and we may be talking about the first dusting of snow and there is into thursday let's check out live doppler 7. you'll notice there is moisture off the coastline here, it's been staying off the coast so far and there is only moisture is farallons and none is made it over land just yet. there is where closest moisture s as this system gets closer to us we may pick up showers tonight or tomorrow. that possibility going to be sabt santa cruz mountains and south bay. temperatures 60s and 70s. there are highs into mid 60s at the coast. there is a chance of showers south and a warming trend beginning on saturday in time for weekend plans. there is where you'd need a sweater and jacket. and most other areas into 50s first thing in the morning. here is the system we're watching that has been hovering here, it will continue to pull up moisture as this continues to make its way south ward. parallelling the coast to wednesday moving into california. there is south bay, and into sierra nevada look at the moisture, there is a possibility of snow above 8,000 feet so we'll be watching this carefully that system makes its way into southern california. there are 70s in saratoga. 60 in pacifica. downtown san francisco, 64 degrees 72 in santa rosa and napa. fewer clouds to the north. there is 67 in oakland. and monterey bay this is where the best possibility of showers exist. accu-weather forecast chance of showers south mainly for wednesday. there is a warming trend beginning friday and throughout the weekend. and there is toot too late to win 49,000s frdz abc 7. and the winner will be announced after the 49ers game october 18th. and there is a click win $49,000 button taking you to this page. and we'll announce the winner right here after the 49ers game. so a lucky person will walk away with $49,000. >> and it's getting close. >> and still to come medication showing signs it could slow decline of alzheimer's patients. >> and why there is a side appears to experimental drug is showing help for those with early stage alzheimer's disease. the drug helped reduce to slow memory loss in early state patients by 30%. but the benefit of the drug is small and may not be enough for regulatory clearance. the latest research presented node a facebook. >> this just n giants hanging tough in cincinnati bottom of the 8th inning the score is tied 1-1 and there is a pitch about an hour from now. coming up at 6:00 flexing political muscle, tonight the candidates former president clinton is supporting. and also, from michael finney bay area woman left high and dry after her appliance broke down. she had extended service warranty. and there is charles schulz isn't with us anymore but peanuts coming back to the big screen. the stories and more coming up on abc 7 news at 6:00. >> that is exciting. thank you. >> world news is next. >> from all of us here, see you at 6:00.