mcfarland tells abc 7 news he was tired and in pain. the deputy ordered him to get up or else... mcfarl land keeps refusing. the exchange goes on about five minutes. the wife keeps pleading with the deputies saying he has a heart condition, then, mcfarl land tells deputies to leave. >> get out of my house! get ut -- out of here. >> when he gets up to go to bed he's daysed three times. -- tasedded three times. >> stop resisting. stop resisting. stop resisting. stop resisting. stop resisting or you're going to get it done. -- again. stop resisting. stop resisting! >> john scott is mcfarland's attorney. >> there could be a owe problem in terms of training and or supervising deputy sheriffs in the county this is something that happened. >> he is charged with resisting arest. a judge dismiss that had charge. scott says the deputies had no search warrant or legal reason to enter mcfarland's home. if they thought he was drunk and suicidal, scott says tasing was excessive force. our calls were not returned. >> and police say the east bay gang member accused of shooting a fremont police officer has confessed to the crime. oakland police investigators under san ran -- san diego tonight investigating a 20-year-old nick anymored -- nicknamed dough boy arrested just feet from the u.s.-mexico border. suspected gang member's criminal history shows several recent run in was police. last year pleading no contest to resisting arest. in april, accused of evading police and two weeks later police say he assaulted the mother of his child. >> he's a very dangerous return. this shows you his mind set. he decided to shoot it out. >> the district attorney is he suspected to file charges against him tomorrow. he will likely be brought back to the bay area over next few days. the health of the fremont officer he is accused of shooting is improving we're glad to say. todd young remains in intensive care. he's begun opening his eyes and moving his legs. >> police arrested 15 protesters during a downtown demonstration against boig oil marching to the offices of chevron. and this as the demonstration moved to bp offices. they're demanding a moratorium on drilling and more accountability for impacts of climate change and gulf oil spill. bp saying it's supporting right of people to protest peacefully and within the law. chevron says it's committed to conducting business in a socially responsible manner. >> muni drivers br to lose a longstanding perk, free parking. that is a change hitting if operators particularly hard and some see it as pay back. abc 7 is live from a muni yard in north beach tonight with the story. >> as you know people have to pay for parking at their jobs but many drivers do not and they pull into the bus yard. but now, charging them can other city employees could necessary -- net the city $3.5 kblinl a year. >> muni employees have been able to park their cars for free at all of the muni bus yards as long as anyone can remember. starting in december they'll have to pay $960 a year. >> i got two kids in college now. it's kinld of tough. that puts a good hit on me.. >> the new fee amounts to a third of the 5.75% raise mandate bid city hall operators received. the transport workers were the only labor union refuse aid mayor's request for wage kons yegss. muni driver says this is pay back. >> yes. it is. yes. it is. it has to be. >> this isn't about pay back. it's finding alternative ways for improving service to customer autos in addition to charging muni is changing work rules. including forcing reps back hinld the whee. the agency says the union indicated it might take legal action the acting president says he needs to know more about what he calls the blueprint for the new policy. >> what do they have in mind? if you zront a plan air, real plan... then it would be a problem. >> in february, long standing perks will be taken from other employee who's have special permits around city hall or designated garage spaces. >> this is not something exclusive we're asking all city employees who choose to drive to pay for the privilege of parking. >> i would refuse to pay for parking to come to my job. >> drivers do seem to be going along with the plan helping restore 61% of the cuts that they had to put into place back in pay. that is going to happen september 4th. >> and muni confirms it's investigating conflicting witness accounts about a collision this weechblgtd one of the drivers reported he was checking out a malfunctioning wheelchair platform when his bus rolled down a hill, crashing into a second bus. and witnesses tell the web site the driver was getting coffee when the bus rolled away. two passengers were slightly hurt in this crash saturday. a controversy tonight involving nurse's union and how members were told they can earn credits sm. claim credits seem to be dlimpked to -- linked to taending political rallies so today, lawmakers stepped in. >> reporter: the nurse's rally was build as a celebration of womens rights to vote, dressing up in period attire, also a statement against republican gubernatorial kthd meg whitman admitting she didn't vote as often as she should have. some nurses say they felt like they were bribed into going and a hearing was put together hastily on this issue. >> someone was encouraged to attend a political activity that they felt uncomfortable with. then, they were told, well, we can give you ce for that. >> ce is continuing education like most licensed professionals nurses must complete 30 units of classes every two years to be able to keep practicing. the california nurse's union insists no one gets units for attending a political rally. clearly advertised as operate. >> the fire says the four our course before the rally is eligible for up to eight units. the union and nursing vote feel it's important for advocating. >> we say they have to be related to nursing and have to be above and beyond that what you're caught in the program. >> the senator is a dentist and looked to continuing ed course autos they have to be clinically applyable to patient care. >> no one can name a nurse who received credits. the committee chair woman said they'd hold a bill banning credits from the political activities but warn the nurses union to be care oofl there should nobody impropriety. if you're going to have ce classes offer them on another day. not on a he day have you a rally. >> in sacramento abc 7 news. >> still ahead tonight, a scary shark sighting off a bay area reach. the witness saw it unleash a vicious attack this afternoon. >> and number of complaints against smart meter doubles. >> and we'll tell you about places you might be able to )ñ)ñ@ú@ú@ú@ú t t >> closed captioning brought to you by mancini sleepworld. a great white shark spotted near pacifica. warning signs went up almost immediately. witnesses say the grit grate white was thrashing about with a sea lion in its jaws. a surfer says he saw the shark just 40 yards from shore. >> lanlded back in the ocean and it was the most incredible thrashing blood bath you've ever seen. i've been here my whole life, never seen anything like that before. definitely not serving -- surfing today and possibly next couple days. it was a very large animal. >> jason estimates the shark was 15-18 feet long. this is the peak of shark season in northern california. >> and there is every school in california has a wish list of things they can't afford. because of the budget situation those needs are greater than ever. the wishes were granted by a san francisco foundation z cheryl jennings is here with the story. >> the california teachers posted their classroom dreams on the web site donors choose.org are the lucky recipients of a historic $1.3 million grant from san francisco hilda yao. theegs are the kindergarteners the teacher wanted to help. it's an online service for teachers around the country to let potential donors know what they need. >> with the cuts this year in california it's been especially this, is a high priority school. we don't have anything. >> she'll have something, soon a fund is going to pay for every california teacher request as of august 30th. that adds up to $1.3 million. and it will fund more than 2000 projects throughout the state. and help 67,000 children. this was the daughter of the man who founded bank of america. hilda yao runs the fund now and wanted to make a contribution to honor hoffman as well as hilda's own mother who passed in july. >> she specifically felt with the budget constraints and other pressures on teachers and schools, if we can do something to really help to place more resources into schools and allow teachers to enhance the educational experience of kids, we should do it. >> marisa martinez asks for a play therapy area. >> some come from disadvantaged back grounds and they've been through many hard times in their lives. i would like to create an area where they feel safe and can come to school. >> donors choose.org will buy items and ship package that's will be arriving in a couple weeks. hilda yao hopes other donors will get involved and check out the web site. there is a link for you at abc 7 news.com. >> and in oakland the school district launched a universal breakfast program. every student in the district can get breakfast free of charge no matter how much money their parents make. officials say it fills a need for all family autos i'm a working mother. i don't have time to make sure my son is going get his meal to. know it's to be available at school reliefs owe concerns. i know he's going to have an opportunity to have a healthy breakfast. >> the district pays for the program through a special tax approved by voters in the 1970s, other school districts include berkeley and san diego. >> seem fall-like out there today. we're promised more summer weather is on the way. >> promised but sandhya patel... >> it's a guarantee, right here. >> good. good. only 70s into warmest locations over the weekend. and there is upper 09s so we're going to get toasty here, i'll show you a live he picture from our camera. there is wind gusts from 25-30 miles per hour. marine layer is back. not for long. we're going to see quick changes over the coming days. now, temperatures are into 60s and 70s. warming trend begins tomorrow, and cooler for labor day weekend fuchl don't like heat, cooler weather is coming. this morning is sunny. clouds filled back in also over the bay this afternoon. we're dealing with gray skies. area of low pressure unseasonally cool pocket of air. and today, temperatures running cooler than normal. there is temperatures moving east. will get replaced by a warmer air mass. high pressure starts to build in. that is setting the stage for warming tomorrow. hotter days inland wednesday and thursday as well. we're headed towards hot days inland. there is numbers cool in mid to upper 0s. there is 50 as cross the bay area. there is highs for thus at the south bay. 76 degrees in sunnyvale. there is sunshine in san jose. 80 degrees tomorrow. and 72 for millbrae. and there is mountain view, you'll start out with morning gray. 62 in half moon bay. upper 60s to low 70s. towards the north bay, 62 at bodega bay. 84 degrees in santa rosa. also starting out with morning overcast. there is 7234 oakland and hayward. inland going to be a warm, sunny after the noon. 86 in livermore. 82348 brentwood. and around the bay, 76 in santa krus up to 86 degrees inland. here is the accu-weather forecast. and down right hot inland for wednesday and thursday. mid to upper 90s inland. there is comfortable weather by. thursday, sea breeze and fog starts too return. and everyone starts to see cooling trend heading into labor day weekend. >> sandhya, thank autos the restaurant grading system you may soon see at car dealerships. >> what this new sticker is going to mean. búbú@itv"x(x(x(x(x [ male announcer ] nature is unique... ...authentic... ...pure... and also delicious. ♪ like nature valley. granola bars made with crunchy oats and pure honey. because natural is not only good, it also tastes good. nature valley -- 100% natural. 100% delicious. 7 on your side learned california public utilities commission has been severely under reporting the number of complaints about pg&e's controversial smart meter autos the complaints have been the subject of an ongoing investigation. and we're surprised by this, these numbers doubled. the complaints reported nearly doublesed in a matter of days. and 10 days ago. and the public utilities commission said it received complaints about the program. and now, it's issue aid correction, actually 4100 complaints, totals have not included complaints filed with the cpuc consumer affairs branch. the cpuc says this resoflz around rates and service and not as relevant as those it's received through other channels but did not explain why those complaints won't be as relevant. consumers complained meters are leading to higher bills. a group from tex has been hired to investigate smart meters and scheduled to release findings on thursday. the cpuc says investigators have been given accurate totals. and we're waiting on a moratorium on smart meter installation. and pg&e says the freeze would cost million buzz didn't release numbers to back up that. and 7 on your side now attained documents and pg&e estimates it could wo cost between $17 million and $87 million and mean layoffs for 625 employees. and this network says it supports a moratorium because smart meters have not benefited consumer autos what happened sthaz has been thousands of customers complaints a huge amount of unhappiness. and consumers do not seem more informed about their bill f anything, they seem more confused. >> and there is some information public utility asked the judge to remain confidential. and there is switching over to cars there. is a restaurant style rating system for rating fuel efficiency of new cars. under the plan each vehicle would be availabled -- labeled with a vehicle. those getting less than 13 miles a gallon would receive a d. and there is most new cars graded into the b to c plus change. and there is a if you want to have your say on this, they want to know what you think. go to abc 7 news.com and we'll link you up. >> and still ahead, who is behind this attack ad aimed at jerry brown and why rules for campaign commercials don't apply. >> here tonight signs of growth if the bay area and where you can apply for did you know go-gurt is specially made to freeze and thaw by lunch time? so kids can have their favorite yogurt in their lunch box go-gurt. freeze it. thaw it. eat it up. ¿qué si usamos tacos más grandes? [ male announcer ] old el paso super stuffers. 33% larger shells. feed your fiesta. good evening, we'll start with politics and the governor's race tlchl is an attack ad playing in los angeles and sacramento going after democratic candidate jerry brown what. is unusual is that people behind it are refusing to disclose who is pay are for it. and mark matthews is here with the story. >> this group put up the ad. the group's president refuses to say who put up the $3 million to buy air time for the ad, the a.ad tacks jerry brown with the same misleading claims we've seen from mig whitman's campaign. and this add is independent of the republican rival, being put forward by small business action committee. headed by joel fox. >> our mission is to have a business friendly california. >> fox says it's purpose is educational. >> if this ad doesn't call for someone to be voted for or against or a vote at all. >> and because it doesn't specifically say don't vote for jerry brown or do vote for meg whitman it's not a campaign ad, it's considered an issue ad. and don'tors may remain anonymous. >> this is an example of something that doesn't use magic words but is functional equivalent of a campaign ad. >> the professor says the campaign disclose sure laws have not kept up with requirements. and this dan schner plans to titan those rules. >> this is pure and simple about organizations who know that if this this were out there, they won't be credible and people won't believe them. so they don't want to identify who they are. >> meg whitman's campaign declined to comment saying it's an issue for fair political practices commission and brown campaign. joel fox tells me his donor arz frayed of going public for fear of retribution. >> and roadside bombs killed seven troops today, five of the seven were killed outside kandahar. more than a dozen u.s. service members have been killed in afghanistan in the last three days. death toll for august now stands at 42. and vice president biden marked the end of u.s. combat operations there. presiding over a chain of command on wednesday. the president will mark the pull out with an address to the nation tomorrow, you can see it here on abc 7 live at 5:00. >> and the president's main focus today is first day back from vacation was the economy. he spoke in the white house rose garden. and he blasted senate republicans. >> unfortunately the bill has been languishing for months. held up by partisan mine that i won't allow it to go to a vote. >> many republicans in congress say the bill is misguided. the president says he'll have other specific ideas on the economy in the days ahead. >> and if you're looking for work and so many people are, there is an opportunity that you should know about it tomorrow there is a big job fair in emeryville sponsor bid abc 7 and california job journal. >> the lawrence berkeley national laboratory is hiring and one doesn't need to be a scientist to comply. open positions cut across all aspects of the lab's many function autos there are 160 job opportunities available here. and everything from scientists to maintenance supervise dwrorz it specialists. >> and this is jointly sponsored by abc 1k37 california job journal. >> with the event there will be over 400 open positions including retail, finance, sales. and government positions there. is a little bit of everything. scientific, medical. >> positions will be offered by private companies like chris kis beingo and government agencies. and this is including employment development department and u.s. navy. californians are starting to see some growth in certain sectors of the economy. >> small business, last month increased jobs by one tenth of one percent equating to 26,000 jobs. >> lens crafters have been 50 positions available in the greater bay area. >> lens crafters has 22 stores between san jose and santa rosa. >> we have a number of positions available. and there is general manager, manufacturing manager as well as manufacturing technicians and eye wear consultants. >> and again, tomorrow's job fair will run from noon until 4:00 at hilton garden inn in emeryville. >> money scope headlines another slide in stock prices. dow dropped 140 points today, closing over the 10,000 mark. and nasdaq lost ground as well. intel announced plans to buy a infin ontechnologies should give intel the know how to make chips for battery that's don't drain so quickly aichl sign of confidence from hl hl setting aside $10 billion to buy back some of its own stock. >> coming up next, global warming and the cam cal redwoods. >> there is surprising finding autos it's critical to get up into the trees. that is where the action is happening. you need to get up there. i love my curves. but the love i have for rawberry shortcake, red velvet cake and key lime pie, mmm, it threw a curve at my curves. so i threw it right back... with yoplait light -- strawberry shortcake, red velvet cake and key lime pie. 30ndulgent delicious flavors that satisfy my love for tasty treats. ound 100 calories. zero fat. now i love my curves in all the right places. yoplait. it is so good. california's ain chet redwoods have inspired the loog years axe. the impact of globe wall warming is a question mark. what will it mean for the sequoias in the sout