Freak accident is exactly the right term. Just an incredible series of events involving a train, a car, a jet ski and a woman on an inflatable raft. It happened east of brentwood near the San Joaquin County line as the train was heading from bakersfield to oakland. Laura anthony is there live tonight. Laura . Reporter well, hi, dan. This was really a bizarre incident that left two people seriously injured. As you said, it did involve a jet ski. The jet ski is still sitting out here right next to the Railroad Tracks. This is what it looked like, though, from sky 7 hd a short time ago. Were told by witnesses that the man driving a pickup truck towing a trailer carrying a jet ski had that truck parked on the Railroad Tracks here on warner road. This is a dirt road just off of orwood road in brentwood. He was apparently trying to launch his jet ski when an amtrak train approached, frantically honking its horn. The driver were told jumped back in and tried to move it off the tracks, but couldnt do it in time when the train struck the truck, the truck flew into the water where it hit a young woman floating on a raft, a yellow floating raft. She and the driver were both injured and transported to local hospitals. Just a freak thing, huh . Yeah, yeah, pretty freaky thing. Imagine her surprise, you know. Just one minute sitting there on the beach sunning and the next minute a truck is on top of you. Reporter now, this is the jet ski sitting by the Railroad Tracks. One witness told us t of the truck first went to a nearby boat launch before this accident, but didnt want to pay the 10 fee to launch his jet ski there so he came over here and tried to put it in here. Back live now at the scene, it appears he left his truck sitting right where that jet ski is parked for obviously a bit too long. Chp officer who was here on scene when we got here said that both victims were talking when they were taken away. Another amtrak train went through here at a pretty high rate of speed. Chp said the victims were talking and conscious, but at this point we have no official update on the condition. As you can see, quite a scary scene here. Laura anthony, abc 7 news. Thank you. Well, this is the video thats gotten a peninsula woman in trouble with the Humane Society. Shes a dog boarder who could wind up in jail as investigators continue a case against her. We have new details on the story. Vic . Reporter well, ama, we are learning tonight that the Peninsula Humane Society will most likely give this case to the District Attorney of San Mateo County on monday. Abc 7 news also learning tonight from the city of burlingame that this woman, whom we are not naming because the Humane Society has not identified her publicly, ran her business out of her home illegally without the proper city permits. Now, to the video. We want to warn you, it is a very, very graphic and disturbing to watch. The woman grabs the little dog by the neck and then throws it to the ground. Then she appears to be punching the animal before taking the dog inside her home. The video is sickening. Theres absolutely no reason why anyone should treat an animal like that. Reporter no one answered when we knocked on the door of her burlingame home. A home where shes reportedly been running a dog sitting and boarding business for the past decade. She runs a very nice business. Shes had a very successful business. Reporter claire lives next door. The video shocked her. I dont know what caused her to do such a thing. As i say, ive never seen her do anything like that before. So i mean its just disappointing to me. Reporter the womans attorney told us by phone that his client saves rescue dogs and would never hurt an animal. Robert corshon says she was simply trying to stop the dog from barking for the sake of neighbors. When the dog barked, she picked up the dog and set it down instead and told it no, no, stop barking. And pushed it down into its bed. Reporter the Humane Society says its received multiple complaints from neighbors charging that the woman has been mistreating dogs. They have checked every complaint but never could find anything wrong at the home. People have even sent other videos, including this one, where she appears to be stomping a dog. As shes stomping a large breed dog runs away from the area where she had been stomping. Reporter there wasnt enough evidence to prosecute. Now with this latest video, they seized eight dogs in her care and put her own three dogs in protective custody. Vic lee, abc 7 news. Friends and family of an oakland man who died after running from police are accusing officers of Excessive Force tonight. Authorities say the 23yearold died last month from asphyxiation when he became wedged in between two buildings during a foot chase in east oakland. Police say he ran from a traffic stop. Friends and family are convinced that he died as a result of Excessive Force used by police. They protested in front of city hall today. We cant go back, we cant change the tragedy that happened. We just want justice. We just want whoever did this to our brother to pay for what they did. You know, if you did the crime, do the time. Police called his death tragic. Yesterday the department showed members of the media, including abc 7 News ReporterLaura Anthony body camera video showing officers discovering the body between two buildings. They say the family turned down the offer to see the video themselves. Residents are saying thank you tonight after being able to return to their homes following a close call with a wildfire in livermore. Sky 7 hd flew above the fire near tesla load this afternoon. You can see some hot spots remain south of the altamont pass. Very few people live in the area. One resident shared her gratitude when firefighters gathered for a briefing this morning. Thank you for saving my house and saving other houses because theres other people that live out here. And for doing this because i know theres so many fires going around. The flames have destroyed one unoccupied home. So far its burned 2500 acres since breaking out yet. Its 45 contained. Cal fire has had with fewer crews because of all the wildfires burning across california. More and more pilots of commercial jets and like aircraft are reporting close calls with drones. Two incidents have occurred near minimum minimum san jose airport. Reporter the faa says 137 pilots reported sightings of drones at altitudes up to 10,000 feet in july. 138 pilots did so in june. Thats approaching two miles high, which raises serious issues. Serious issues. Sooner or later, somebody is going to go down and somebody is going to get killed. Reporter on two successive sundays, pilots reported highflying droughnnes, one eig miles southeast and the other seven miles southwest. On august 16th a cessna c172 pilot saw a drone at 3800 feet. Off the shelf drones are set not to fly above 400 feet, a socalled nofly zone. It could be theyre Custom Building it and you could override the software if you customly build your own drone. Reporter a midair collision could do great damage to a single engine aircraft. A propeller could stop, you could damage the visual from the wind windshield. It could cause loss of flight or the airplane crashing. Reporter the president of the flying 20, a flying club based at at the green hill airport. He said its important for regulations to be developed. You have to realize were hobbyists. On the other side you have Drone Operators and theyre also hobbyists. We have to figure out a way both of us can play by the same rules so we can both enjoy our hobbies and stay safe. Reporter the faa is still working on regulations. Helicopters flew over marin county this afternoon as part of the cleanup from a couple of marijuana grows. The choppers lifted hundreds of pounds of waste and hazardous materials, including fertilizer and pesticides from public land. Deputies found more than 600 plants in two separate areas. Investigators are still looking for whoever was growing this pot. After a sting operation on bicyclists disobeying the rules of the road, one San FranciscoPolice Captain is trying a more gentle approach, collaboration and education. Carolyn tyler reports. Reporter captain john sanford is out of his car and on his bike. This community ridealong is one of the ways hes stritrying to good will to San Francisco cyclists, who villified him after targeting those who disobeyed the law in his district. I learned a lot. Reporter and he heard a lot after a sting citing cyclists that were blowing through stop signs and red lights. Last month in response dozens staged a protest, every bike stopping at every sign, disrupting the flow of traffic. The Police Crackdown is over, for now. If we continue to get the complaints, if we continue to observe it, then we will have to go into enforcement mode. But what this today is all about is Community Coming together. Reporter as part of his outreach, captain sanford met today with the socalled father of the mountain bike, gary fisher. Lets learn something about each other and lets start to build what we call respect. Reporter and the captain has formed a bike advisory committee. Lena emery is a member. I think we all have to be grownups. No more lone rangers. Reporter critics say targeted enforcement of bicyclists takes resources away from other efforts to make the streets safer, but even last months protest organizer is willing to give this new collaboration a chance. You want to have good relations and, like i said, well see what happens and well see where their enforcement priorities land. Reporter the captain says if were going to share the road, the rules of the road must be obeyed. In San Francisco, carolyn tyler, abc 7 news. All right. Still to come here tonight on abc 7 news, can your cell phone give you a brain tumor . Tonight a new legal challenge to a local ordinance that requires a health warning. Also a local startup that hopes to become the airbnb for recreational vehicles. Your next vacation could be in someone elses rv. A couple books a cruise, but its cancelled and they cant get a refund for hotels and flights. Im Michael Finney. Ahead on 7 on your side, the rights you give up when you take a cruise. Im spencer christian. Our temperatures are down, but winds are up. Ill give you a look at our brisk breezes across the bay area in [female announcer] when you see this truck. It means another neighbois going to sleep better tonight. Because they went to sleep trains ticket to tempurpedic event. For a limited time, save up to 500 on select tempurpedic sets. Plus, get up to 36 months interestfree financing. Sleep riskfree with sleep trains 100day money back guarantee. And of course, free sameday delivery are you next . Make sleep train your ticket to tempurpedic. Your ticket to a better nights sleep a new sea chance to tryew look. Something different. This summer, challenge your preconceptions and experience a cadillac for yourself. The 2015 cadillac srx. Lease this from around 339 per month, or purchase with 0 apr financing. The issue of radiation warnings linked to cell phone use was back in court today. The cell phone industry is suing the city of berkeley over its ordinance requiring customers to be warned about possible Dangerous Levels of radiation. Abc 7 News ReporterLyanne Melendez is outside the courtroom with more tonight. Reporter well, you know berkeley is not the first city to take on the cell phone industry. San francisco did a few years ago and it proved to be very costly, a very costly proposition. Now the question is will berkeley have the will and the means to defend it. Buy a cell phone in berkeley and you get a warning about radiation exposure. The ordinance, called right to know, was passed by the Berkeley City Council and is now being challenged in federal court in San Francisco by the cell phone industry. There may be circumstances when the government can provide a warning label with something, but the government has got to show a justification for it, and berkeley is not able to do that. The ordinance doesnt say anything about the scientific evidence. Reporter supporters of berkeleys ordinance say customers are merely told about the fcc recommendations when holding a cell phone close to their body. Keep it a defined distance from your body or you may exceed the exposure limits. Reporter that information regarding radio frequency exposure provided by the fcc is found in every cell phone under settings. We get this information, we make choices for ourselves at the point of sale. Reporter the cell phone industry takes issue with the ordinance because it warns of a greater potential risk for children. Even though its not backed by any scientific study. Other cities in the country are closely watching this case before deciding to move forward with similar measures. A decision is expected in a few months. In San Francisco, lee yanne melend melendez. A Contra Costa County sheriffs deputy that drowned last week was laid to rest today. He jumped into the frigid water to help a friend. That friend survived, but the deputy drowned. Today family, friends and fellow officers came together to remember their beloved colleague. The thing i loved most about diamond, diamond didnt feel fear or failure at all. He was never scared to fail. He went at everything 100 and gave it all he got. Me and my brother, we accomplished all our goals. We did everything we wanted to do and god has blessed us in abundance. He was off duty at the time of this tragedy. He worked for the Contra Costa CountySheriffs Department for four years. San francisco is taking a lowcost approach to improve safety at one of the citys most dangerous intersections. This morning workers painted a safety zone at the sixway intersection made up by market, 16th and noie streets. It shortens the walking distance between streets. For every meter that we shorten the crossing distance, we can expect a 6 reduction in pedestrian injuries. So thats a 36 reduction in pedestrian injuries, just when crossing this street. No turn on a red light signs have also been installed. Improvements are being made along the upper market area where there are more than 160 collisions between 2007 and 2012. Scientists are offering a new assessment tonight of the california drought. A new study shows that while the drought may not have been caused by climate change, Global Warming likely made it 15 to 20 worse. The study, to be published in the Journal Geophysical Research says rising temperatures will turn California Water shortages into the new normal in a few decades, as evaporation becomes a bigger part of the drought equation. Which is discouraging, of course, but its a reality. And spencer is here with whats happening in our weather department. Right now the Big Development is winds are picking up so its pretty breezy, even gusty in some spots. You look at live doppler 7 hd and we have quite a bit of cloud cover around. Some low clouds at the coast, some thin higher clouds so a little bit of a gray aspect to the sky right now in parts of the bay area. On we go to winds. Its gusting up to 29 Miles Per Hour right now at fairfield. And most other locations are seeing winds between 10, 15, even 17 miles an hour. So its breezy, not excessively windy. Heres a live view from our exploratorium camera looking at clouds in the sky over San Francisco. Its currently 63 in San Francisco, 67 in oakland, 71 at san jose, 75 at morgan hill, 64 at Half Moon Bay. Heres a view at the golden gate where clouds are hovering up above the golden gate a bit, but not interfering with visibility on the bridge. Its currently 69 in santa rosa, napa 70, 68 novato, fairfield 77, 74 concord and 76 in livermore. Heres a view of some of those clouds over the bay from our south beach camera here in downtown San Francisco. These are our forecast futures. Well see low clouds and fog expanding overnight. We have mild afternoons ahead right on into next week and this steady pattern will show little change over the next seven days. Heres our satellite radar composite. High pressure is in control. Its a quiet pattern. We dont expect any significant changes for quite a few days. We have temperatures right now that are just a little below average in our inland areas because of the cooling onshore flow. But no one is complaining after temperatures at record levels about a week ago. So tonight look for low clouds and fog at the coast moving locally across the bay and inland. Low temperatures generally in the upper 50s to low 60s. Tomorrow in the south bay well have mostly sunny skies and it will be mild with highs in the upper 70s to low 80s. Around 82 at morgan 82 in los gatos, 77 at milpitas. Over on the peninsula, 77 in redwood city and palo alto, 73 at san mateo. On the coast pretty cool. Pacifica and Half Moon Bay with highs in the low to mid60s. Downtown San Francisco a high of 66 tomorrow. Up in the north bay, coastal locations low to mid60s. Inland upper 70s at calistoga, napa and sonoma. East bay highs will range from about 70 at berkeley to 76 at union city, 73 at san leandro. And the inland east bay will be mild to warm with highs mainly in the low to mid80s. 81 at walnut creek and pleasanton, 85 livermore and 86 antioch. Heres the accuweather sevenday forecast. Notice not much change in the temperature range through the sevend