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Developments during this hour and again at 5 00 and 6 00. Also, our breaking News Coverage continues right nuon twitter at abc7news bay area. Good afternoon. Im dan ashley in for larry beil. Im sheryl jenning wheres. To our other top story. Reaction from the witnesses in the andy lopez shooting. He was shot to death by a sheriffs dep aert, eric gelhaus, while the boy was carrying a toy gun that looks very, very real. Were live with a story youll see only on abc 7 news. Wayne. Were brought here today because it was going to be a rally. In fact, there was a rally. We expected it to be larger. It wasnt as big as they thought, but they say their cause is very large. Theyre taking issue with District Attorney of Sonoma County for not pressing charges against deputy gelhaus, citing selfdefense. Meantime, we learned from one of the star witnesses in the report that even he takes issue with the result. Was it a fair and complete interview . Yeah. On page 18 of the District Attorneys decision summary, hes listed as john doe number 4. He on the day of the killing drove by andy lopez walking with the lookalike ak47 and warned him a sheriffs car was coming. I tell him to put that thing away because the police was behind. Did he Pay Attention to you . He didnt pay no attention. Moments later, he saw the sheriffs car pull up and open fire within seconds. My reaction. I dont think its necessary to kill this guy. That opinion was as predictable as the reaction to the District Attorneys report today. I dont believe a word thats in this report, and i read it. Because it is cynical and its not the truth. Andy has become a symbol of what the militarization of our Police Department leads to. In her press conference yesterday, the District Attorney described the shooting as a tragedy. She said she knew some would find fault with her decision that the deputy acted in self defense. Given his training and experience, he believed honestly and reasonably that he was faced with a do or die dilemma. He applied the same Standard Police would use in any use of force. But andy lopez was a 13yearold boy with a toy. Today, even the witness who was cited as giving evidence of a threat questioned her logic. Do you trust the Sheriffs Department more now or less . Way less. Way less. Hes not alone. In santa rosa, wayne freedman, abc 7 news. And right now, Antioch Police are on the scene of a deadly shooting in a residential area. This is video youre watching from sky 7 hd. Details are still coming in, but we know theres a body in the drivers seat of the car. The vehicle appeared to be moving in the parking lot of this apartment complex on hudson, off hudson court when it happened. No word yet on a possible motive for the shooting or if anyone has been arrested. Several nonprofit workers were arrested at San Francisco city hall at a protest at the board of supervisors meeting. They say the city has loaded social service and other responsibilities onto nonprofit agencies but isnt funding them. They say its undermining Public Health and safety and causing chaos for nonprofit workers and their clients. The protests and arrests delayed the meeting by about ten minutes. A bank of America Branch in San Francisco was closed today after a driver slammed into the building early this morning. The pictures are amazing. Nick smith has more from the Outer Mission division. This late model white mazda 3 has been reduced to a pile of mangled fiberglass and twisted steel after smashing through the doors of this bank of america just before 6 00 a. M. The traffic investigators spent most of the morning trying to piece together what happened. A solo driver and vehicle was traveling at a high rate of speed southbound on Mission Street when it lost control in the intersection and it subsequently jumped the curb and strikes the bank behind us. It landed inches from the bus stop when a driver, a woman believed to be in her 40s, nearly missed hitting a bus packed with commuters seconds before. Its a busy street on a week day. It could have been a lot worse. Once the cops arrived, the driver was transferred to sf general. It wasnt long before evidence recovered at the scene would turn the simple Traffic Accident into something more. There were symptoms of alcohol, and we believe that this is also a dui investigation. An official with bank of america arrived to take a look at the damage. Snapped picture, and talk with police. He did not speak with us. Well be reviewing the cameras. Investigators say they are pulling video from bank of america and this traffic camera, a realtime digital map of the events leading to the crash. We do have independent witnesses, any evidence we can gather is great. These orange markers show where the car jumped the curb, but theyre always being used by investigators to determine the trajectory of the car and just how fast it was moving before it hit the building. Investigators say that this bank will remain closed for at least the next two days. Right now, bank of america is redirecting its customers to the 15 ocean location. San Francisco Police are looking for the man behind a strange and unusual home robbery. Police say the man got into this house by slipping his hand through the mail slot and then opening the front door. It happened at a home near 19th and castro. Police say the homeowners were inside, and the suspect told them that he had a gun. The man took a bag full of personal belongings and electronics and left. In san jose, a man want to know who took a hand painted sign from their frontyard. They noticed it was missing on the fourth of july. Watch what happens. They see the woman in the yellow pants get out of the car, grab the sign, and take off. Shes been dubbed the banana pants bandit. They say they do not know who is responsible. Alameda county voters will decide in november if theyll keep paying an extra half cent sales tax to improve roads and transit. County supervisors put that on the ballot today. It would go to a b. A. R. T. Extension to livermore and the free minute irvington neighborhood. That would get bus service and drivers would see improvements on local streets and freeways. Voters will deal with that in november. A controversial bill is a hot topic tonight. Opponents say the community cannot support that kind of large development. Laura . Well, hi, cheryl. Hundreds of people expected for this meeting later tonight. This will be the san rumome City Councils first look at the revamped development proposal. Its a project thats actually been winding its way through the planning process here for nearly a decade. Now, in its current form, the preserve subdivision calls for the building of 740 new homes high atop the northwest hillsides of san ramon. Thats just north of the canyon road and west of 680. A larger project was approved in 2006 and then stalled by lawsuits. Even though this is smaller and was approved by the Planning Commission here last month, some residents and city leaders still dont like it. We dont even have water. Its a drought. That tank isnt going to take care of all the houses plus the new ones, 750 homes . Where is the water coming from . This project calls for 6 million cubic yards of soil to be eliminated from the lils and dumped into the corridor and fill the level. Its going to alter that area quite a bit. Now, opponents have collected more than 300 signatures that they do plan to present to the city council tonight. We did try to contact the current developer, that is lafferty communities, and they did not return our call for comment. Now, the city council here could vote on this project. Were told its unlikely given all the issues still on the table. In san ramon, laura anthony, abc 7 news. Lets head outside where the sky is blue, but the flags are blowing. Gorgeous outside today. Spencer christian is on the frastz for us. Yes, noticeably less humid today than yesterday. We had the moisture laider clouds moven through from our east. Those clouds are now moving to our north. We still have high humidity this morning, but its much less humid now. Mainly sunny skies across the bay area. Low clouds in the coast. Look at the activity in the sierra, mainly on the eastern slopes of the sierra, the thunderstorms are. You see the clouds moving to our north. Now taking moisture with them, and leaving us with lots of blue sky and much lower humidity than yesterday if you look eastward and northward from our emeryival c camera. Mid70s in san carlos and san jose. A little bit of fog and low clouds at the Golden Gate Bridge right now, though, and temperature readings of 78 in santa rosa. 72 in napa. 90 in fairfield. 87 in concord. 91 at livermore. As we try to look over the low clouds from the east bay hills camera, low clouds and fog increasing, and theyll hang around in the morning hours, a chance of spotty drizzle in the Early Morning hours, and tomorrow afternoon, mainly sunny. Cool on the coast, upper 50s. Inland, upper 80s. Tough to beat that, spencer. Thank you. Still ahead on abc 7 news at 4 00, crisis add the border. The white house under fire as president obama asks for congresss help to secure the border. Dangling in midair, what investigators are saying about the broken ride in Southern California that trapped people for hours. Thats new after 4 30. Thats not the place you come to sleep. I tell you what, how comfortable is that . Well, theres no sleeping in baseball. Why one fan is going to court over his untimely nap. 7 on your sides Michael Finney is taking your questions on twitter and facebook. Hes going to answer them live just a little later. He wants to hear from you. You can contact michael at facebook. Com micha facebook. Com michaelf facebook. Com michaelfinneyabc7. Take a look at traffic on the Golden Gate Bridge as the fog descends. Looking great out there. The traffic is looking good. Well be back with more on abc 7 yeah, citi mobile. Pay the dog sitter . And deposit that check . Citi mobile. Pack your bathing suit . Wearing it. Niiice bank from almost anywhere with the citi mobile app. Im a kid. And us kids have an Important Message for our grown ups. Three grams daily of betaglucan. A soluable fiber from whole grain oat foods like cheerios can help lower cholesterol. And where can you find betaglucan . In oats. And, theyre yummy im going back to being a kid now. Thank you Big Development now in our breaking news. A carjacking suspect has just given up and police have taken him into custody. Oakland on east 24th street near 21st avenue. Thats where the standoff between police and the suspect is supposed to be over. However, we still do see some patrol cars at the scene. Now, this tense situation began about 10 30 this morning when officers tried to pull over a stolen car. Two people inside ran off. One got away and is still on the loose. The other locked himself in an apartment and again has just given himself up. More than five hours later. Heres whats not clear. Is that second suspect still in that area . Is that why police have yet to leave the scene . Well give you new developments as we get them, and our breaking News Coverage continues right now at twitter. The white house said it is focused on taking all necessary steps to deal with the humanitarian crisis on the u. S. southern border. President obama asked for nearly 4 billion to help with the increase of unaccompanied minors coming across the border. We have more from washington. President obama has called it a humanitarian crisis. And today, he asked congress for 3. 7 billion to address the surge of unaccompanied minors illegally crossing the u. S. southern border. What we would Like Congress to do is ask with the same sense of urgency and make sure this administration has all its necessary resources to deal with the situation. Roughly half of the money, 1. 8 billion would be set aside to care for the minors, many fleeing violence and crime back home in Central America. Nearly 10,000 were taken into custody in may alone. The remaining money would be split between the departments of Homeland Security and justice, for Law Enforcement along the border, and the state department for diplomatic efforts to tackle the root causes of this growing crisis. But theres still many big questions, including will this funding make the process of sending minors back to their countries any faster . Administration officials would not speculate on timing. From capitol hill to the border states, the white house is under fire. This is a failure of diplomacy, a failure of leadership from the administration in washington, d. C. Governor perry also slammed president obama for not visiting the border to see firsthand whats happening there. Republican lawmakers joined the criticism. He needs to lead and not just follow when it comes to coming up with a solution. And the first thing he needs to do is go to the border. President obama is in texas this week for political fundraisers. Hell also meet with state leaders and elected officials including governor perry, but no visit to the border. Abc news, washington. And coming up new at 4 30, what one bay area city is doing to help the thousands of children entering the United States illegally. Six flags Magic Mountain plans to keep one of its roller coasters closed by an accident is investigated. 22 riders dangled in the air for hours after the ninja coaster hit a tree on the tracks last night. Officials say the entire tree fell onto the coasters path, dislodging the front car. Four people were injured, two of them went to the hospital as a precaution. Theyre going to be okay. At least one of the coasters cars derailed. It sounded like they were like panicking. They didnt know what to do. We were confused and scared and didnt know what was going on. This is not a common incident. This Park Services thousands of people a year. It took firefighters about three hours to free all of the riders. Rescuers faced many challenges including reaching riders through a tangle of trees and roller coaster tracks. It was kind of a mess up there. The crowd roared with pride in berlin today when the home team scored and the world cup against brazil. It was a sound heard many times over as germany defeated brazil 71 in the world cup semifinals. Before today, no host nations team had ever lost by four goals or more. This was also brazils biggest defeat since the team lost 60 to uruguay in 9020. Police in rio were ready just in case brazilian fans took to the streets in anger. There were police in riot gear sut up around the stadium at halftime. The germans were up 50 at the time. Fans in the stands may have been too obsessed to riot. They were crying and a lot of sad, devastated looks. Social media was abuzz with this huge defeat. The classic grumpy cat was tweeted out with the sad response, carnivale is canceled. And this christ the redeemer statue in rio covered its face. Thats now making the rounds on social media as well. At schroeders beer hall in San Francisco, there were no sobbing brazilians in sight. Germany will play in its records eighth World Cup Final this sunday here on abc 7. Well, the dog looked pretty stunned by his teams performance today. Still, this little guy is mighty adorable. We want to see your world cup fan photos. You can email them or upload your pictures through our news app or at abc7news. Com newreport. You can watch argentina play the netherlands tomorrow afternoon on the semifinals live on our Sister Network, espn. That game is at 1 00 p. M. Lets go back and talk about the weather forecast. Absolutely spectacular around the bay area today. Not too windy, either. Spencer christian is out there enjoying it. We should join you. Lots of cheering in the weather today. Not much crying at all. The high humidity from yesterday is dissipating and now things are feeling much more comfortable all around the bay area. A live look at live doppler 7 hd. We have mainly sunny skies all over the bay area, but along the coastline and near the coast, beyond the coast a little bit, low clouds and fog pushing out over the bay right now, but generally its sunny and mild to warm in the inland locations. Speaking of warm, theres a redflag warning for high fire danger to mt. Shasta to altoura to 11 00 tonight for high fire danger. Theres been concern about lightning strikes triggering fires in this area thats been so hot and so dry for so long. Heres a live view from the rooftop, looking at blue sky over the bay. At least from this point of view. These are our forecast features. Well see low clouds and fog increasing overnight. There is a chance of spotty Early Morning drizzle the next two days. Not a great chance, but it could happen. And a warming trend. A serious one, will kick in this weekend and continue into early next week. Heres our forecast animation starting at 7 00 this evening, low clouds and fog pushing beyond the coast, across the bay. Locally inland. There will be, again, a chance of patchy or spotty drizzle in the Early Morning hours. And then overnight, well see lows still in the mild side. Much like last night. Perhaps a couple degrees lower in some spots. Mainly mid to upper 50s. One or two locations may drop below 60. And then 5 00 in the morning, well notice in the early daytime hours, the fog will burn back beyond the coastline, it will still be cooler in some inland locations. Places that topped off at 90, 91 today, will hit 88, 89 tomorrow. A couple degrees cooler in some inland spots. In the south bay, highs in the high 70s to low 80s. The peninsula, mid to upper 70s. Upper 50s to about 60 on the coast. Downtown San Francisco will have a high of 66 tomorrow. 61 in the sunset district. North bays high is upper 70s. 78 in santa rosa and napa. In the east bay, look for highs of 69 at oakland. 72 at san leandro. 75 at free mont, and the inland east bay will see highs in the mid to upper 80s. 88 in antioch. The sevenday forecast. Temperature pattern will hold steady pretty much through friday. It will start to warm up over the weekend. Sunday, low 90s inland. Monday and tuesday, mid90s inland. Mid80s around the bay and mid60s on the coast. The warmest two days in the sevenday forecast period. Thank you so much. Coming up next, the special occasion that brought these boats out in San Francisco. And new after 4 30 caught on video, two men dive into turbulent waters in a life and death struggle to save a teenager. One of our favorite things to do is going to the dog park together. Sometimes my copd makes it hard to breathe. So my doctor prescribed symbicort. It helps significantly improve my lung function starting within five minutes. Symbicort doesnt replace a rescue inhaler for sudden symptoms. With symbicort, today im breathing better. Come on, boy [ female announcer ] symbicort is for copd, including chronic bronchitis and emphysema. It should not be taken more than twice a day. Symbicort contains formoterol. Medicines like formoterol increase the risk of death from asthma problems. Symbicort may increase your risk of lung infections, osteoporosis, and some eye problems. Tell your doctor if you have a heart condition or high Blood Pressure before taking it. [ man ] now symbicort significantly improves my lung function, starting within 5 minutes. And that makes a difference in my breathing. Today, im hanging out with my best friend. Talk to your doctor about symbicort. I got my first prescription free. Call or go online to learn more. [ male announcer ] if you cant afford your medication, astrazeneca may be able to help. Transforming a clunker into a sleek sports car. Thats what these young men in china are doing. They took apart an old volkswagen santana. The furaerrari is their inspir n inspiration. They built a new, fancy friem. The project took two months to finish and it looks like a brand new car. It only cost them about 1,600 to complete the upgrade. Where were they when i was in high school . Theres a new innovation for beer drinkers. A Minnesota Target field is the First Major League baseball stadium to serve beer in vending machines. Fans have the choice of four brews. They will still be carted by a person, and theres a limit. People can buy up to 48 ounces every 15 minutes. Thats a lot of beer. Oh, my goodness. All right, well, an eyesore for more than a decade has been transformed into the newest recreation spot. Officials celebrated the opening of the boat house with a boat race, appropriately enough. The building had been shut down since 2003. A few years ago, the rec and Parks Department decided to fix it up. More than 3 million was invested to remake the 54yearold road house. Essentially took the boathouse down to its studs. Renovated bathrooms, brand new Beautiful Community room, a new kitchen facility. The whole thing has been redone. Theres also a new exercise and locker room. The lake merced boat house is being used by several rowing clubs to store their boats and equipment at the site. Its also the site for boating lessons. Still ahead here, children in limbo. The move by one San Francisco supervisor today to help the unattended kids left at the border. Plus, the startling discovery of several vials of a deadly disease. Abc news dr. Richard besser talks about the concern. And why this couple blames the government for their separation after more than three decades of marriage. A lot more to come with us. A lot more to come with us. Stay withfeway gets that stayin thats why theyve got lear. 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. Im a kid. And us kids have an Important Message for our grown ups. Three grams daily of betaglucan. A soluable fiber from whole grain oat foods like cheerios can help lower cholesterol. And where can you find betaglucan . In oats. And, theyre yummy im going back to being a kid now. Thank you so why are we so obsessed with turbo . Card with a new volkswagen turbo. Because theres nothing more exhilarating than a powerful ride. And you can get that in places you might not expect. Like the passat. And also in the funtodrive jetta. In fact, volkswagen has sold more turbos than any other brand over the last ten years. That is a lot of turbo. Hurry in and you can get a 1,000 turbocharged reward card when you lease a new 2014 passat s for 219 a month. A crisis at the border is now being debated at San Francisco city hall. Thousands of children are waiting to hear their feat. Now a supervisor wants the city which is already a sanctuary city to help out. Lyanne melendez is live with that story. Yeah, dan, you know this is nothing new. Kids from different parts of Central America have been crossing the border into the United States for years. What is new are the numbers. Much, much higher. Now, they are crossing, coming over, escaping extreme poverty, unemployment, and no protection from Gang Violence and drug traffickers. Theyre coming alone, looking for a parent or relatives here in the bay area. San francisco is now getting on average about 100 a month. As San Francisco supervisor david campos put it, they will continue to come no matter what. Now, the federal government is overwhelmed and is asking cities to help by creating shelters to house them while they wait for their deportation hearings. Campos introduced a resolution today, asking for money to help house them, and offer them Legal Services to decide whether or not they have the right to stay in this country or go back. These kids are going to keep coming. We need to have a response, and you know, sticking our head in the sand only is not going to make the problem go away. We hear reports from children whose poverty situation was such that they were literally not able to eat and they felt an obligation to try to do something about that. Now, with regards to the resolution introduced today, nothing will be decided. A vote is expected next week. The details to be hammered out later. Meanwhile, the mayor of San Francisco, ed lee, also sat down last week with some organizations, nonprofits, and with the department of health to see what kind of social services the city is able to offer these kids. Im live in San Francisco, lyanne melendez. Thanks very much. More rocket strikes today in both israel and gaza. The surge in violence follows the killing of three israeli teenagers and the apparent revenge murder of a palestinian murder. Marcie gonzalez has the latest on todays air attacks. Sirens blaring in israel, warning of more air raids from palestinian militants. That rocket, one of several today aimed at tell avive. Stopped by israels iron dome system. Closer to the gaza border, people are taking cover in bomb shelters as tensioned between israel and hamas escalate. Its scary just to be around the noises and the bombing and everything. Israel responded to the onslaught of rockets saying its military has hit about 100 targets in gaza, including this, the home of a reported hamas leader where at least six people were killed, including two children. Along with increasing the air offenses, israel is now considering a Ground Invasion of gaza, authorizing the army today to act evaluate as many as 40,000 reserve troops. We cannot compromise with death. We cannot compromise with rockets. We cannot compromise with the assault of the area. And we shall stop it. And an israeli official says no efforts for a ceasefire are under way right now, adding he does not expect an end to the attacks from either side any time soon. Marsa gonzalez, abc news, new york. Samples of smallpox have been found in a Government Office in maryland. Six of the samples of that deadly and highly Infectious Disease were freeze dried and sealed inside vials left sitting in a cardboard box. They were discovered in a lab storage room last week. Now, today, the centers for Disease Control announced they have secured them and there is no indication anyone has been exposed to the disease. Scientists estimate smallpox killed anywhere from 300 to 500 Million People but has been eradicated since the late 1970s. Smallpox is the only disease we have been able to wipe off the face of the earth. And the idea that smallpox could get out there again would be absolutely devastating. The cdc will test the samples to find out if theyre active or dead and then destroy them. Smallpox is only kept in two secure locations in the world. One in russia and one in atlanta at the cdc. People began buying marijuana legally for Recreational Use in the state of washington today. Washington now joins colorado as the only two states where pot is sold legally for nonmedical uses. Right now, just 24 retailers hold the proper permits to sell pot in washington. One woman camped outside a Marijuana Store yesterday afternoon, wanting to be its fortyfir first customer. I never thought i would see it in my lifetime. To be able to vote for it and to be able to enjoy it legally, its just been awesomest thing in my life. It is very exciting. And a little intimidating at the same time. Theres a lot riding on us. Some store owners are afraid they wont have enough pot to meet the customer demand, saying the state hasnt licensed enough growers. Federal law still prohibits Marijuana Possession and use. A Tennessee Woman said she was forced to separate from her husband of 33 years in order to keep her health insurance. She suffers from epilepsy. Her husband retired early last fall. That changed lindas eligibility requirements to continue receiving Financial Support from Social Security. She also would have lost her medicaid coverage if the couple continues living together. Shortly after i took to retirement, Social Security called us in and they told us we made too much money. They had a limit on unearned income and i tried to tell them that how can my retirement be unearned income . They said it is, legally, it is. They said they cant afford a policy under the Affordable Care act, so now theyre living about two miles apart and larry is working a parttime job in order to make ends meet. Coming up on abc 7 news at 4 00, the unexpected delivery made some stranded passengers on a tarmac. Plus, Seattle Seahawks star Marshawn Lynch like you have never seen him before as he returns home to the bay area. Im Michael Finney, and todays 7 on your side q a is just ahead. Im still taking your questions on twitter and facebook. You can contact me at facebook. Com michaelfinneyabc7. Ill answer your questions live later. Spencer christian. You can see blue sky up high, but low clouds over the bay. How far inland will they reach . Ill have your forecast coming up. All right, spencer, thank you. No fog over this traffic, but a lot of people mighty impatient to get home. You can see the traffic is just slow and go on the San Francisco skyway. Well be right back. Oh chris, did you remember to pay the dog sitter . Oh i knew i forgot something. Ill just do it now. Well, were boarding. No, ill use citi mobile. Takes two seconds, better safe than sorry right . Yeah who knows if well even get service on the islands . What no service . Seriously . No electricity, were going to make our own candles, were going to churn our own butter. Oh, we lost one. Cant leave a bag unattended. Bank from almost anywhere with the citi mobile app. To learn more visit citi. Com easierbanking well, Seattle Seahawks running back Marshawn Lynch visited his hometown of oakland during a photo session for espns upcoming body issue. Thank you. This is video of the shoot at a train station posted online by espn. Thats a lot of hard work, isnt it . The photo shoot was a bit of a challenge. We tried some stuff where we had him breaking through some walls and combining everything, its like running your belly, patting your head, and doing it naked at the same time. Doing it naked, huh . The magazine wanted to capture a side of lynch that people dont always see. Espn is the Sister Network of abc. The magazines upcoming body issue goes on sale on friday. Im a little hurt they didnt ask me to participate. Its an oversight. Shocked. Shocked and relieved. Waiting on the tarmac during flight delays is never easy. Its a real nuisance. But a Frontier Airlines employee made the wait enjoyable. Yes, that is pizza handed out by the flight crew. Flight 719 was headed to denver from washington, d. C. When it was diverted by bad weather to wyoming. The wait took hours so the captain decided to treat the passengers to pizza. They brought more than 50 out of his own pocket. Now thats a cool pilot. Reimburse that man. Lets update the forecast. Also not included in the body issue, a major oversight. I dont understand. You, too, could be throwing the football naked. A sight you have never seen and perhaps you dont want to see. Lets take a look at live doppler 7 hd. Thats something we do want to see. Sunny skies over most of the bay area. We have clouds pushing from the coast out over the bay locally and theyll continue pushing to some inland areas in the overnight hours. Looking at the National Weather picture for tomorrow, showery and thunderstormy over much of the eastering especially on the Atlantic Coast and up to the great lakes. Mainly dry in the nations midsection and into the interior west and across the state of california tomorrow, well see mainly sunny and hot conditions with highs of 100 in chico. 100, yosemite, 102 in fresno. Maybe an isolated thunderstorm or two in the eastern slopes of the sierra. Los angeles, 81. Its going to be quite warm tomorrow in interior parts of the state. Here in the bay area, some inland locations will be actually a couple degrees cooler than today. Still nice and warm. Inland, well see mid to upper 80s. Well see mainly 70s around the bay and upper 50s to around 60 on the coast, and of course, there will be a presence of fog along the coast tomorrow. Well have the sevenday forecast coming up for you on abc 7 news at 5 00. Thank you. Still ahead on abc 7 news at 4 00, a baseball fan sues for snooze. Saying he was mocked. Does he have a case . Youll hear the commentary next. Plus, the unlikely friendship between a world war ii vet and a 3yearold preschooler. What do you need to do to report a scam . And are there rules for commercial fine print . [ 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 ] a baseball fan is suing two espn broadcasters accusing them of mocking him on national television. Heres the deal. Yankees fan andrew rector fell asleep in his seat at Yankees Stadium in a april game against the boston red sox. Who would make fun of this. His lawsuit claims the commentators made fun of him using offensive language. You be the judge. How comfortable is that . Probably wont have any neck problems tomorrow. Is that guy to his left his buddy who is just letting him sleep or is he here alone . What the deal with this guy . Maybe thats his buddy and he likes him a lot better when hes asleep. Okay, is that worth 10 million in damages . Thats what his suit is demanding because he said it hurt his reputation and his future earning potential. He charges them with unleashing an avalanche of disparaging words. Neither announcer has commented on the lawsuit. A little boy who has trouble walking will get muchneeded help thanks to the generosity of strangers. He has spina bifida and needs to use a cane or walker to get around for the rest of his life. A specially Trained Service dog could help him get stronger, but it would be very expensive. His mom set up a site asking for donations. She was shocked when the familys goal of 10,000 was reached in just one month. It was a crazy, humbling experience. I wish we could do it on our own, but sometimes you have to step back and let other people do it because the whole process has shown me that people want to give. People showed a lot of love to little everett. Hes already picked a name out for his service dog. The wolfster. It will take a year and a half for the dog to be trained and ready to go home. What a sweet kid. Well, they are best buddies even though decades separate the ages of a world war ii veteran and his 3yearold side kick. They even have matching rides. Look at that. 3yearold emmett is sitting on a little tiny john deere traktder with an 89yearold. The family wanted to reach out to the neighbor for a while. Emmett broke the ice last year when he inquired about the tomatteaus he was growing. He asked, got any matos . They quickly bonded. Emmett considers him his grandpa. Thats a sweet picture. 7 on your sides Michael Finney is here answering questions sent to him by facebook, twitter, and email. Who should i report a scam to . I know one person. Yeah, right here at 7 on your side. If theres something we can do about it, well take it on. You can get to us online. Go to abc7news. Com. You want to go to your local police or possibly the District Attorneys office. If its a National Type of issue, then the federal trade commission, and if you got it through the mail, you want to go to the postal service. Postal Service Takes that stuff very seriously. Its definitely worth getting in touch with them. An email, does tv commercial fine print need to be a specific font size . Thats a great question. If you have a little tiny tv, it wouldnt work. Okay, thats legal. That one is not. No, theres very little rules about the size of font. There are some rules and regulations around the print with credit card advertisements and credit card issues. Basically, what the law says is that it must be obvious and presentable. So you have to decide what that means. When a guy talks really fast, is that presentable . Do you understand whats going on . Probably just knowing you should check would pass for legal test. Really . Yeah. Like the old fed fedex commercial . Exactly. I can barely read the font on the card itself. Ted emails, a store advertised discounts, none of which came up on the receipt. Is that right . No, it is not. Look, that could even be bait and switch. The bottom line is if a store has a sale, they have to give you the price. Now, let me give you a couple examples for this. And how it works. If they have an ad and it says 20 at this price and they only have 20. If they dont say a particular number, they have to have what an average person would consider reasonably, what a reasonable person would consider reasonably. Lets say you are selling a computer that was a 20,000 computer, maybe having one per store would be more than enough. However, if youre selling toothpaste for a dime a tube, then perhaps you should have 500 available. Because youre going to have so many people. Great questions today, michael. Thank you so much. Well, coming up next, a dramatic beach rescue off the california coast. Two men struggle for their lives to save a teenager. Then coming up new at 5 00, the banana pants bandit on the loose. The Surveillance Video that has everyone looking for a thief. Plus, kaepernicks new body art and why it has twitter buzzing. Heat shields are compromised. We whats that alarm . Ures. Fuel cell two is down. Im going to have to guide her in manually. This is very exciting. But im at my stop. Come again . Im watching this on the train. Its so hard to leave. Good luck with everything. Watch tv virtually anywhere with the uverse tv app. With at t, the uverse revolves around you. There you go. It at us. So its kfc night. [cheering] last week we hosted. Yes, this week the kids invited us to their place. Sorry i was late. I had a little trouble with the rope ladder. He fell twice. But look at all this food weve got. Yeah we got this delicious kfc meal and they threw in 2 extra sides for free. For free and i love what youve done with the drapes. Are those your bedsheets . [laughing] all right, tonight on abc 7, extreme weight loss at 8 00, followed by celebrity wife swap at 10 00, and ill see you for abc 7 news at 11 00. Thing you put on your smartphone that you thought was recovered could be recovered, even after you wipe it clean. That includes nude selfies and sexts. Stop doing that. They can still recover pictures, search queries, contact information, even a completed loan application. Information like that may make you think twice about selling your own smartphone. Or taking those pictures with the smartphone. Now to a dramatic rescue in intense waves off Southern California. The whole thing caught on camera. Dramatic and death defying. Take a look at this 46yearold as he tried to grab onto a teenage boy caught up in a violent rip current, only to be swement into the sea himself. At that point, i really realized how helpless i was. I was basically fighting for my life. The nailbiting scene unfolding at the abalone cove sunday. The tides had taken another swimmers life earlier that day. His friend Hillary Swanson taping the whole thing, hoping this scene turned out differently. I was really scared. Golding and swanson say it soon became the teen, who had fallen into the water, was now unconscious, and with golden struggling to tread water, his friend rob takes a leap of faith, also jumping in. The next thing i knew, my feet left the rocks. And in i went. Finally, through the ripping waves, mcanulty spots the seemingly lifeless teen. Go higher and pulled him onto these rocks with golding by his side. You could see him giving the teen cpr. He said he remembered from training 20 years ago. Rob had said to me, i think hes dead. I was like, no, no, were not going to give up on this kid. Finally, life guards show up and the teen is air lifted to a local hospital where hes recovering this morning. He said that if i hadnt gotten him within a minute, or more, he would have been dead. Abc news, new york. Wow, that is intense. Very brave. Really brave when you see those conditions. Thank you so much for being here on abc 7 news at 4 00. Abc 7 news at 5 00 begins right now. A s. W. A. T. Team moving in, police on the roof. An east bay neighborhood under siege for hours finally clear. And problems on paradise for walkers and bikers on the peninsula. Plus i dont think its necessary to kill this guy. A key witness in the shooting death of young andy lopez, and hes talking only to abc 7 news. Im abc 7 news meteorologist. Spotty drizzle for the commute, the morning commute, that is. Ill have details straight ahead. A bicyclist rides down devils slide, a jaw dropling new trail on the bay coast. Now, a few months after it op opened, there are new concerns about how safe that trail really is. A grand jury report out tonight is raising questions about a potential risk of the new devils slide trail in pacifica, particularly for children. The trail opened in march after the tom lantos tunnel reconfigured it. We have more on the grand jurys concerns on this. They have several main concerns. One, the easy access to the closedoff bunker hill, and the second, they think that somebody could fall off the cliff, so they want a catch net installed. This former stretch of highway 1 hovers like a ribbon between rocky coasts and windblown sea. Bonnie has childhood memories of slinging along the curves in her fathers chevy. Now she and her husband come back to walk devils slide trail with their friends. The trail is great. Theyve done a beautiful job. The trail opened in march, but last july, a san mateo resident filed a complaint about safety. The grand jury report released today highlights three key concerns including a lack of hardline or Cell Phone Service in case of an emergency. When this was a road, it was hard to get cell service through here, but thats part of nature. Dave is also not concerned about the old guardrails. The grand jury warned a small child could climb through them and then tumble down the cliff. I think its safe. It would be no different if youre walking yosemite or lake tahoe. You have to know what youre doing and watch your kids. Its open to bikers, walkers and horse back riders although a study wants horses prohinted by the end of the year, saying when the fog makes the pavement wet, the horses could slip. Bonnie doesnt agree. I think thats crazy. I think its very safe out here. The San Mateo County Parks Department oversees the trail. The original budget didnt include costs for studies or changes, but the park director said she plans to meet with the phone company thursday to see what it would take to install a hard line for emergencies. In pacifica, tiffany wilson. Police arrested a contracting suspect after a standoff that stretched through much of the day. It forced police to evacuate neighbors on east 24th street and closed down five blocks in the area. They show us police waiting out the suspect. Officers say they spotted a stolen car and two people inside ran off. One

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