Teenager. Thanks for joining us. Im cheryl jennings. We begin with developing news in the case of a Fatal Shooting involving a sheriffs deputy. He shot and killed a santa rosa teenager, andy lopez, eight months ago the prosecutor announced her office will not file charges against the deputy, eric gelhaus. Well have Live Team Coverage beginning with Wayne Freedman on the d. A. stough decision. Wayne . Those protestors will be coming here to andy lopez Memorial Park at the corner. Behind me, the sign indicates the dissatisfaction they say theyve waited 253 days and no justice. That is here this morning. The number is like ti to continue to rise. After almost ten months, District Attorney made an announcement that people2i had both anticipateed and dreaded. This is the item found at andy lopezs feet. That item, the replica carried by andy lopez the gun Deputy Gelhaus says he mistook for a real one before pumping seven shots into the boy. No charges against the deputy. Given his train sxechlg peer yens, he believed honestly that he was faced with a do or die dilemma. Based on a charges, Sonoma Countys outraged community had become resigned to the decision. He has become a stressful sick bol of a disconnect between the community and Law Enforcement. Its letting cops get away with murder. Gelhaus a 13yearold child that was not threatening anyone. That wasnt doing anything wrong. In explaining her decision she cited witnesses and video from a cell phone, noting Deputy Gelhaus and his partner had not responded to a complaint. They saw him and called out to drop the rifle. It happened in seconds. I think the time frame is outrageous might be the right time frame if youre in iraq or afghanistan not for a civilian in the United States of america, particularly for a boy. This is a painful chapter in the history of Sonoma County. And i think that people need to understand that i had to set aside that emotional pain and look at this case from a professional vi . oint. That is what i endeavored to do. And now, were back live at andy lopez park. A crowd is continuing to gather as part of the endeavor. This is unusual. A 52page synopsis that includes interviews with witnesses and photographs inside people will be reading it and commenting on it. Live in Sonoma County, Wayne Freedman, abc7 news. Were going to turn to Leanne Melendez live with more on the reaction. Before they began walking towards the location where andy lopez was shot, i would say about 40 plus protestors were having a peaceful demonstration here at this Shopping Center where we are on sebastapol road people brought their signs and called for justice. Zv those who have closely followed this case told us theyve known this would be the outcome. Now, earlier, right after the announcement was made by the District Attorney, people left feeling angry. Clearly and frustrated. He told the Law Enforcement community not only of the county but the state it is okay to kill our community. She made her decision which weve known to not indict him. But its still not ready for it. And sky 7 video showing people marching away from here and towards the park earlier. The park commonly known as andy lopez park. There is a makeshift memorial. It continues to grow. Now, tomorrow, there are plans to have a mass picket at 1 00 in the afternoon. Im live in santa rosa, abc7 news. Thank you. The suspect involved in an officerinvolved shooting has been released from the hospital and booked into county jail. Investigators say the 29yearold Terry Ferguson led police on a pursuit after failing to pull over during a traffic stop. During that pursuit, police say he let his 7yearold son out of the car, rammed a chp patrol car and attempted to hit a martinez patrol car. After his car crashed into a pole, officers say hec exited with his hands concealed and officers fired. We have a Major Development tonight in the story we have been following for you for a year. Caltrans is suspending construction on a troubled freeway project effective tomorrow. Theyre building a sixmile bypass to protect federally pro affected wetlands and streams. Caltrans is far on environmental improvements. There are significant questions about Financial Issues on the project. Today, caltrans announced it will suspend work on the site and layoff about 100 people while two agencies try to reach an agreement. Another Court Ruling Means a delay for construction on the bart extension. Our media partner reports the ti of milpitas won a by the to slow down work just east of interstate 880. The city wants the delay in order to ease impact on traffic in this area allowing for just one part of the 4lane road to be closed. The 2. 3 billion bart extension will run from fremont to north san jose, hadnt been on track to open late 2017. San Francisco Police plan to put patrols on the streets after a series of shootings that killed four people since thursday. One man died after the latest shooting on ironwood way in a bay view this morning. Police say a total of 11 people have been shot in five days. One bay view resident asked us to hide his face and offered insight into the uptick in violence. Normally around summer time, seemed like its epidemic. So its more intense in the summer. I dont know what the indication, or why. The victims dont have a lot in common. The age ranges are very different. Another man died after a shooting in the sunnidale housing district this morning. Police are trying to see whether Gang Violence is to blame for that. A concord man sentenced to a year in jail because his three pit bulls mauled his 2yearold step grandson to death. Laura this has been a difficult time for the family. It is. This case is actually gone on about four years. Steven hyashi couldnt spend more time in prison because of his clean criminal record. Moments after learning he would not be going to state prison, steven hyashi says hes beginning to mourn over a loss he maintains was an accident. Its just an accident. Had i known, i would not, you know left the house that day. His step grandson was mauled to death by three of his five pit bulls in july, 2010. The boy wandered into the garage where the dogs were kept and he his 4yearold brother were left alone at the time while hyashi went out to play tennis. His wife was there, but asleep. Im there to support my husband, hes been a good husband we miss jacob very much. In a tearful statement to the court jacobs mother said, quote, no sort of justice could be served if steven goes to jail. He helped raise my children as if they were his own the 56yearold could have been sentenced to ten years after being convicted. He was sentenced to three years probation, including a year in county jail. I dont think justice could have been served in this. Prosecutor mary knox argued for a maximum sentence. It was avoidable. A yearold is dead no sentence, no punishment, brings justice. His attorney plans to appeal. There are no facts here that there was a warning and any type after tack on a human being. The dogs had killed two other famiets, a chihuahua andc aq bird prior jacobs death. A massive tree has fallen in the russian hill neighborhood bloc9 gg a popular cable car line the ymficas came down, what a ms amazingly nobody was hurt. Its covering the car outside swensons ice cream lpshop. Its not clear if the car was damaged the crew will clean the problem up. It means tourists cannot take cable cars up and down hills for now. This 4th of july we saw a new use for quad koptors someone used one to take spectacular shots of fire works displays. Some legal, some not. But what about those drones . Are you allowed to use them like that . We are live in San Francisco with the story. Sergio, the pictures were spectacular. Spectacular pictures. You know this is not new technology, however, Remote Control planes and helicopters have been around decades but this new quad copters are easier to control its raising privacy, safety issues and confusion for operators. During this years official fire works display, some spotted an interesting object in the sky. Right there among the exploding fire works was a fall aircraft. A Remote Controlled drone. In our search we came across this video shot over the Mission District that night. D8 the mission is known for unofficial fire works. This professional video producer doesnt want to get in trouble with the faa. So faa has said there is no commercial use of these right now. Feds trying to come up with hobbyists are takingko it n ;9 them selves to come up with best practices if there are moreu a norman and his team said there are rules flyers should follow. Never fly over oipeople, mog traffic and away from buildings there is a ban on drones over order that came as a surprise for beso lopez co he was citedc for flying over ocean beach three weeks ago. They said that is federal air space. I said i was below 400 feet he says youre on a national park. There is so Little Information from the federal government on the use of the small aircraft, he is worried about what fines he might be facing. The faa is expected to issue regulations on all unmanned aircraft. Wild. Xk yes. Well, still ahead buried treasure in the south bay. Coming up, a look at at the discoveries. Pinterest is now sweetening a controversial deal. Do you notice how muggy it was today . Coming upping our way next in ukut8uder forecast coming up in just a moment. Spencer, thank zvyou. Are you0 hungry . Were going to tell but an all you can eat offer. One chains efforts to increase business. So this board gives me ratates on progressive direct and other Car Insurance companies . Yes. But youre progressive and theyre them. Yes. But theyre here. Yes. Are you. There . Yes. No. Are you them . Im me. But the lowest rate is from them. Yes. So thems best rate is. Here. So where are them . Arent them here . I already asked you that. When . Feels like a while ago. Want to take it from the top . Rates for us and them. Now thats progressive. Call or click today. You have made my life special by being a apart of it. Ough. everyone cheers glad you made it buddy. Thanks for inviting me. Thanks again my friends. For everything, for all your help. Through all lifes milestones, our trusted advisors are with you every step of the way. Congratulations thanks for helping me plan for my retirement. You should Come Celebrate with us. Id be honored. Plan for your goals with advisors you know and trust. So you can celebrate today and feel confident about tomorrow. Chase. So you can. Somethinglpbfe blew up inx bruno apartment and police say it looks like the resident was cooking drugs. Police pull out hash oil. A 51yearold woman was burned and a source tells us she may not make it. Its that bad. Crews were able to put out the fire before it spread toxd othe apartments. A popular social Media Company is promising to help tenants pushed out of the company moved into a building in San Francisco south of market area. Pinterest expressed plans to move into the Design Center building. That further inflames residents who say theyre being priced out of the city. Thexd Building Owner is offerin 3 million in relocation costs. A big construction project in the Silicon Valley dug up more than just dirt. Now, scientists are marvelling at what they found. To see the historic discovery. From up here, huge trucks looked like match box cars. Its not altered. ] [ just look closely. A fossilized whale skeleton is easy to miss first. To this scientific eye, sea shells turned out to be buried treasure. 20 million years ago. Over 500 and counting. Some preserved. This is about the size of dinner plates sea shells, snails, mussels. They found bones and teeth from giant animals jaws are something you can drive a car through. It was swimming here 20 million years ago. This is a huge construction project that is not slowing it down the project puts it alongside building contractors. If we find a fossil in the way of construction theyll remove it. Or will stabilize it and come back at a later time. Its been part of the budget from the get go. Boy, are they getting their moneys worth. Theyve found teeth from an extinct relative of the hippopotamus. What is most important is the big picture. This combination tells you what the eco system was like. They hope to find a museum to put it all on display. Abc7 news. World cup fever persists though the u. S. Throughout the bay area. They travelled to cheer team, brazil on friday they had a great time, you can tell. We want to see your world cup photos. E mail us at you report on kgotv. Com or upload your pictures or at abc7 news. Com you report. Weve been excited about that around here. We had soccer balls, and theyre gone. Weve been kicking them around. Right. I havent seen any in a few days. We want a break from humidity today. Okay. Close as well get to that feeling. Here is a look at live doppler 7. Areas of clouds and moisture moving through the bay area. We have a few reports of scattered light sprinkles around the bay area, here is why. You can see a pattern of monsoonal moisture from the east moving across the sierra producing isolated showers and thundershowers. And some movedv into the bay area. Humidity readings 68 right now. 72 relative humidity. So indeed its muggier than it generally is. Generally is. Temperatures dropped a bita yesterday other locations near the bay and north bay are 2, 3 degrees cooler than yesterday. And concord, livermore are 12 degrees cooler than at this hour yesterday. 64 in oakland. And mid to upper 70s in san carlos. 57 half moon bay. Another live view showing high clouds from east and 79 in concord. One more live view giving us a similar view of the clouds and blue skies as well. Fog, high clouds tonight. Sprinkles possible. This is a pattern of clouds and moisture spreading through the bay area. A chance of sprinkles tonight and tomorrow, lift with mix of sun, high clouds and much less of a chance of sprinkles tomorrow and more sunshine. Overnight, mild conditions under lots of clouds. And tomorrow, south bay, a mild to warm day. Highs from upper 70ss to mid80s. And mid50s in and around San Francisco. Up in the north bay, upper 70s to around 80s tomorrow. 80s. This pattern were in now hold steady through friday but will warm up by monday highs back into mid90s again. Well continue to have a roller coaster ride in the High Temperature range. Thank you. Thanks a lot. Just ahead why the court battle between Donald Sterling and his estranged life is in legal limbo. While the fate of the clippers is hanging in the balance. That is coming up as the news at 6 00 continues. Bulldog its true i am a bundle of talent but my friends are learning skills that can change a life. Thats why mattress discounters good deed dogs is raising money to help train dogs like suzie to engage students in schools and special education classes. While ginger visits folks in the hospital offering quiet comfort. With your help, we can do even more make a donation at mattressdiscountersdogs. Com or any mattress discounters. Mattress discounters good deed dogs helping dogs help people. Watching everybody eating what they want all day oh this tasteless cardboard brings me nothing but more shame turning every turn until i find something right and it. Takes my breath away a ruling in favor of nfl players seeking compensation from the league a judge in philadelphia granted preliminary approval to a landmark deal with explayers. Nfl agreed to remove a 675 million cap on damages. With that removed both sides say they believe the nfl will spend no more than that amount on taj claims. 4500 former ball players are suing, some accuse of league of fraud or handling of concussions a hearing that could decide the future owner of the Los Angeles Clippers has been delayed a probate judge tryinoa to determine whether the estranged wife of Donald Sterling has authority to sell the team to steve balmer for 2 billion attorneys for sterling are asking to move that case to federal court. They want the court to decide whether privacy was infringed. There are serious issues about the information nobody here has seemed to take an interest in. This after racist remarks made to a girlfriend were made public. This wild. A nationwide chain offering endless appetizers. Tgi fridays launched all you can eat appetizers for so dollars per person. This as casual dining industry decline in sales there are a number of the tgi fridays locations across the bay area. Show up hungry. Sounds good. Just ahead a blood drive to save lives and change minds the movement here and sending a message to the fda. Can you imagine being on one of these planes . A very close call between two passenger jets caught on camera. Well show how this ended as abc7 news at 6 00 continues . . we want to update you on developing news tonight a few protestors are gathered along a road in santa rosa expressing anger over thexd District Attorneys announcement she will not file charges against the sheriffs deputy that shot and killed andy lopez last year. The da said she knew people would be unhappy but will at least try to understand it. Lopez shot seven times, by a deputy, eric gelhaus[n who misk his air soft rifle for an ak 47. Gelhaus told investigators he feared for his life. The District Attorney said the investigation found waits a reasonable reaction. There is a new push to lift a ban on gay people perfect donating blood as community leaders, politicians and activists Pressure Health officials. Latest recommendation on the ban could be out this year. Abc7 news looks at hownb the policy impacts families and most this lifetime ban÷u is reall its outdated. Its unwarranted and medically unnecessary the Health Director is one of a dozen officials that gathered to show support to yoern turn the longstanding policy that bans sga bisexual men from donating blood. She can give blood to help her son but her other son, john, cant because hes gay. Its the fact he cant donate. You know . He would like to. And its a life saving treatment for his brother when his brother doesnt get treatment, he gets sick. One year ago campbell mayor lowe brought attention to the issue. He couldnt donate because hes gay. Federal Health Agencies are studying whether to change the policies. Fda as been slow in making sure since its a Public Health issue theyre making sure that we are doing the necessary study. Major groups urging a policy. People that need blood dont care if its straight blood or gay blood. They want blood. The Family Research council wants to maintain the ban saying quote, dramatically higher rates of hiv infection in this population fully justify this precaution as a screening test, quote, its questionable whether they could be justified any meaningful cost benefit analysis advocates are turning out in full force on friday in 61 cities to try to bring more attention to this issue. Governor brown signed a bill today recognizing the freedom to marry. The bill was authored by senator mark leno. This legislation brings state law in line with court ruling thats recognize marriage for sex couples. The california and u. S. Supreme courts arrived the right, current state laws have not been revised to reflect the changes. Pope francis apologized to vicnes of clergy sex abuse today and vowed to hold bishops accountable for failing to protect children. He asked them for forgiveness. He said in his homily its the responsibility of bishops to carry out ministry with care and keep minors safe. I beg your forgiveness by bishop thats did not make public the abuse. Todays meet wags not the first of its kind but the first in franciss papacy. He said he called the meeting so victims would feel welcomed. Five people are dead after an earthquake in south america. A news broadcast was interrupted by the quake. The 6. 9 quake felt as far as mexico city through central gaud malla and south as el salvador the quake damaged dozens of homes, at least, it also triggered a number of landslides in the guatemalain state of san marcos. The footage was posted online by the airport revealing a near miss between a landing from the russian landing jet and an argentinin plane in spain. The russian pilot nearly clipped the other plane the plane is forced to abort the landing and fly back up into the sky but landing safely, later. The pilot reacted quickly. Coming up, equipment once filling a room fits in your pocket. Coming up a look at a tiny device making a big difference in eye care. How do you helper . Make helper with your favorite for a fresh taste youll love. Helper. Make it yours. You say, tomato. Old el paso says. Diced tomato standn stuff chicken tacos. You say whats for dinner . Old el paso says. Start somewhere fresh. Doctors unveiled a new tool to spot vision problems what sets it apart is powerful optics and portability. Abc7 News Reporter ama daetz has a look. This doctor has access to powerful Imaging Equipment available. And he found that he misses it when hes seeing patients outside of the clinic. Wed see abnormal findings in the eye. Wed have to write about them in to find a way to capture those findings. In the emergency room. Now, he andq his partners believe they found a way to put some of the power in their pockets. Its a forable imaging device dubed i go. Its light weight. It employs a small snap on lighting system. We have his lids and lashes. His sclera. The lens allows him to photograph the back of the eye. Another member of the team, dr. Robert chang conducted preliminary trials in china. He says it proved powerful enough to spot common abnormalities. On the left we have the 25,000 camera, Gold Standard imaging. And you can see the same optic nerve as well as blood vessels there. It can be set to a normal data base they say portability would allow workers in rural areas or developing world to quickly prescreen patients that cant reach a clinic. We decided to try to make this simple as possible concept. Use just the phone to do 90 of the work. Just give it help with optics and lighting. He says volunteers could use it with just minimal training. There are moments and times we wish we can just capture that moment the team is testing the system but hopes to apply for fda clearance in the future. Its amazing stuff they say the cost pr prof producing may be able to go lower if they go into mass tro ducks. Coming up, learning to fly efforts to help a native song bird population soar. Safeway gets that staying on budget can be a real bear. Thats why theyve got lots of ways to save. Real big club card deals, the safeway app and gas rewards. Its a great time for a cookout. Fresh sweet corn is 10 for just 2. 00. Ranchers reserve ribeye steaks are only 6. 99 a pound. And refreshe water is just 2. 79 a case. Theres more savings to love. At safeway. Ingredients for life. [ female announcer ] the internet gets more exciting the faster it goes. Thats why, coming soon, xfinity will double the Internet Speed on two of our most popular plans. Xfinity continues to innovate, bringing you the fastest, most reliable internet, period. [ heart beating ] xfinity internet from comcast. Double the speed. [ heart beats ] looks like were about to board. Mmhmm. Im just comparing Car Insurance rates at progressive. Com. Is that where they show the other guys rates, too . Mmhmm. Cool. Yeah. Hi. Final boarding call for flight 294. [ bells ring on sign ] [ vehicle beeping ] whos ready for the garlic festival . This guy bringing our competitors rates to you a wayward marmoth is back in the sierra tonight. This is what the animal looks like. Theyre members of the squirrel family, but bigger, natural habitat is the sierra. Staff was able to catch it using a fig newton. That will catch any of us, right . The fig newton trick works all the time. I love it was organic. A Sonoma County bird hospital reports this years breeding season got off to a earlier start due to lack of rain. Yes the early nesting season means a long busy summer for volunteers. Tonight a dedicated Team Stepping up to the challenge. This is a juvenile tree swallow hit by a car. Lucky for her shes getting medical help at native song bird care and conservation. The place is backed. We have to pry mouths open. Place food in there. The bird hospital is in the middle of a garden oasis it happens to be lanas backyard patients arrive all summer my neighbor knocked on the door having her house power washed to be painted and they had knocked a nest of baby birds out of the eves christine packed them up and brought them here. These little guys are about 7 to 10 days old. They get a quick check before snuggling into an incubator to warm up she has a focus on injured and orphaned native song birds. There are a lot of species that have unique needs. They require some more specialized care to really give them the best chance of survival and release back to the wild. Busy season usually begins at the end of june, but this year, starting in april early spring, lack of winter got hormones going with the song birds earlier than usual. They got down to business right away. Everyone here is a volunteer. Caring for 50 different species. Its amazing to see birds up close that you see out in the wild. There can be 200 birds at a time many with the same sad story. Over 50 of the birds that we receive are attackedt÷ by freeroaming cats. This cliff swallow is a recent cat victim. Uk see a big wound here. Another threat is accidental kidnapping. That is what happened to this black gross beak. For many species of baby song birds they leave the nest before theyre able to fly the babies hop around on the ground but well intentioned rescuers sometimes misunderstand. Usually a normal situation and best to leave the baby where it is. If you find a bird lying on the ground or with no feathers or a broken wing, or leg, then, its time for action. Volunteers are ready to help. Its so rewarding to see these little birds that would be gone. Song bird experts urge you to put off tree trimming until the fall so you wont disturb the nests. If youd like to contribute or volunteer we have a link. Like to see they want you to work. Yes. Good work. Good work. Yes. Spencer with another look at the weather. Yes. Humid today, but not too hot. Not very warm, but sticky, muggy out there. We still have clouds and moisture in the air. Will be less humid tomorrow. High temperatures from about 60s at the coast to mid to upper 80s inland. Here is the accuweather forecast. Well be in this steady pattern of inland highs into mid80s through friday. Then warming up over the weekend and hot inland by monday. I dont mean triple digit hot. Just down right hot . That is what i said. Weve got baseball to talk about. Mid season form here. As hosting giants kick starting a fourgame set. Two games and both eager to face off against each other. Off against each other. Well hear from managers nex ill have my usual ultimate cheeseburger. You can have that. Ortwo nenew versions of the ultimate cheeseburger. One has sliced jalapenos and creamy ranch sauce, the other has sweet and tangy Barbecue Sauce and grilled onions, plus double meat and cheese like the original. New versions. . Two new versions now, this was just a training video, but these twists on my ultimate cheeseburger will blow peoples minds. Is that guy ok . Take your time. No rcome on. Y. With the chase mobile app you can get a lot done in a little amount of time from transferring funds wait a minute. Youve got to be kidding. Did you guys see that . That ball was out. To paying your coach for adding five Miles Per Hour to your serve. That ball wasnt in. Get your eyes checked. Help me out here. Download the best mobile app today. So you can always have the advantage. Chase. So you can a live picture in Magic Mountain in valencia there are problem was ninja rollercoaster. Apparently there has been a mishap and four people are injured cheryl noticed paramedics on the ground and 30 people stuck on the ride this is happening at valencia, at magic mountin at the ninja rollercoaster. Follow us on twitter. Jf good cevening, back in a there is talk of a bay bridge world series. As and giants have had the best record this year and approaching allstar break still a possibility. Today, as host giants and the confidence soaring with a fourgame winning streak. Six players named to the over the weekend, billy beach ready for pitchers who wantedym first game yesterday. And jiening today. Brad mills december nated for assignment. Bob melvin now with a deep run in october knows his team cant lose focus. Over the big weekendz. Iurpke seven more tough gamesjf to be e focus. Its on the games here. And then, well take a break during the all star break. We look forward to it. Its the same as looking forward to when angels come in and rangers come in. When someone that you have a competitive rivalry with comes in, you get amped up for it. The giants came out of the gate on fire they had a nine and a half game lead but in 22 days they have blown that leadnb angel pagan out with a bad back. Theyre pitching and hitting have been inconsistent theyre sixthxd and 13th. And bruce bocchi has planned we have their clears said get one on one treatment. And we can control it a little bit better there. Hes all fornic that. ni÷uw3 world cup, brazil footr denying reports neymar could undergo treatments that would have him ready for the world cuu final match should that nation make it that far. Soccers governing body fifa ruled it will take no action against juan camillo zynega. He kneedpnr naymar inoaix ude. He kneedpnr naymar inoaix ude. Hezvca the captain from saying it was quote a coward tackle. Speaking of silva, the defender interfered with a captains second yellow of the tournament meaning hes out of tomorrows game against germany. This week live on espn, tomorrow, at 1 00 p. M. Also, at 1 00 p. M catch netherlands versus argentinea. This guy, 96 miles from camebridge, england to near buckingham palace. Bashon upset andu a few words phase one winner wins the third phase. And jello jersey for the second day this, abc7 sports report has been brought to you by orchard supply, hardware. I like adding courses into the mix. Yes. Thank you so much. Join me tonight at 9 00 on coffee tv 20. Birth control by wifi . How this implantable device would work. Then, at 11 00 what this brave 2yearold wants everyone to know, and the moment his parents will certainly nevering for for get. And schu. That is this edition of abc7 news our coverage of breaking news continues on twitter. Im dan ashley. Its an allstar cast. I dont know about. That its a cast. Thanks for joining us have a good evening. See you at 9 00 and 11 00. Its so sweet of you to walk me to work today. Youre my girl, right . And i take care of you, huh . Who knows . Maybe well see natalie morales, you know . That little firecracker, she gets my blood running south of the border. That is less sweet. Im gonna stop by tonight. Maybe ill, uh, pick up some chinese