as you can see on sky 7 hd, it appears a couple of times the red mini nearly collided with other cars, before it arrived here at fruitvale b.a.r.t. under a tree. he tried to hide behind some other cars. police quickly spotted him and made their arrest. a short time later, as we arrived, they brought that suspect out on the street and had him stand here for a field show, as they call it, a chance for that witness, who was driven here in an opd suv, to identify him here on the scene. the witness was kept in a police vehicle with darkened windows a short distance away. that suspect is now presumably on his way to jail. the red mini cooper towed from this parking lot was put up actually on a flatbed truck and driven away. we're live in east oakland. laura anthony, abc 7 news. >> laura, thanks very much. we're getting a look at a group of bikes in san francisco smashing a zip car window with a u-lock. they surrounded a zip car friday night and started lecturing the driver near lion street. once the driver had enough, she backed up and tried to drive around. at that point one biker smashed the driver's side window. the bikers were participating in critical mass, a protest on 9 last friday of every month. san francisco police say they can't investigate the incident because the victim did not file a report. southwest airlines is investigating why two jets clipped wings at oakland international airport last night. two workers were inspecting the boeing 737s. you can see toward the top, the very tip of the wing, it's actually been chipped away. this photo was taken by a passenger onboard flight 2674 to orange county. the plane's wing hit as one was pushed back from the gate. >> it was just the scraping kind of thing, like if you were in an auto collision a little bit. nobody wants to fly tilted like this with only part of a wing on one side. >> no one was injured in the incident. and southwest put passengers on other flights. we want to thank abc 7 news viewers for those pictures from the airport. when news happens where you live, you can share it with us by posting on social media, with the #abc 7 now. tense moments for police in oakland after they received a report of a baby trapped in a car. emergency personnel responded quickly by smashing the window of the car at 22nd street and mlk. after they got inside, authorities realized the baby was actually a life-like baby doll in a car seat. not clear at this time why this life-like baby was in the car seat and police have not said if they talked with the owner of the car. all lanes of 880 are open after a big rig overturned and spilled diesel fuel early this morning. some fuel spilled into a nearby creek. hazmat teams cleaned up the mess. the mess caused major delays for drivers but no injuries were reported. investigating two reports of flashers in the past week. the latest case a woman says a man followed her to a parking garage near stanford university on friday then hid in a stairwell. when she pulled over a few blocks away to check her gps, the man was back knocking on her window with his pants pulled down. another woman reported a flasher on a bicycle in monroe park last tuesday. on the peninsula, traffic is moving again on 101 in burlingame after both directions were shut down for hours friday night and over the weekend for pg&e repairs. >> amy explains, we might see more closures in the future. >> reporter: monday morning commuters didn't have to deal with the shutdown of highway 101 through burlingame. officials got it open by 4:00 a.m. but saturday morning, workers did have to navigate around the major inconvenience. >> everyone's late. we're thinking we're going to be closed for the day because we had no employees here on time. >> reporter: employees eventually made it to the restaurant saturday morning. the usual customers did not, however. >> it's like a 30, 40-minute wait. there was no wait at all on saturday. >> reporter: 101 was shut down friday night because of an accident at the broadway overpass construction site. see these two huge towers? there used to be three of them. a subcontractor hit one with his excavator with such force, it buckled, sending transmission lines crashing down onto the highway. >> several folks were trapped in their cars. luckily there were no injuries. >> reporter: they reopened is saturday afternoon. >> for them, this is really a high wire ballet act essentially. restrippinging these lines. it's very trying for area commuters. we thank them for their patience. we need to find out how the contractor knocked the transmission line down. >> reporter: many turned to surface streets, forcing some residents to give up and stay home. >> we went on el camino, both of them were really congested. but we just didn't travel as much, that's all. >> reporter: they still need to put in another permanent tower like the one you're looking at. so they're not ruling out the possibility of future highway closures. however, they say if and when they do that, they'll work with cal trans to minimize the impact on traffic. amy holyfield, abc news. is someone trying to poison dogs again in san francisco? they're investigating a call from a dog walker who spotted a plate with meatballs on it on the corner of 46th avenue and santiago street. someone took away the meatballs before they could be analyzed. we hope you enjoyed a really nice weekend around the bay area. look at what the forecast holds in store. >> hi, spencer. >> al ma and dan, on this final day of august, you can see how bright and sunny it is. there's no cloudiness or fog near the coastline. let's move over to where we have great fire concerns. fire weather watches in effect for much of the eastern sierra, including the very eastern edge of the california side of the sierra. all the way over to nevada. weather watch in effect for wednesday at noon to 9:00 p.m. looking toward the golden gate, 70 degrees in san francisco right now. 76 in oakland. mountainview 79. 82 at san jose. 66 in half moon bay. golden gate from the tower, clear skies there. it is 87 degrees right now at santa rosa. 80 in napa. 90 in fairfield and concord. 92 in livermore. still warm in our inland valleys. i'll give you a look at what the week ahead holds for us as well as labor day weekend in just a moment. >> spencer, thanks so much. he didn't do it, those words came from an attorney of a man accused of a deadly shooting of a sheriff's deputy in texas. >> stephanie ramos tells us more. >> reporter: 30-year-old shannon miles walked into a houston court this morning, arraigned for the murder of darren goforth. miles' arrest saturday came less than 24 hours after authorities say he ambushed goforth at a gas station. the houston area deputy never saw it coming. >> this is just a cold-blooded execution. >> reporter: miles seen here on surveillance cameras came up behind the deputy, allegedly pulled out a gun and began firing. goforth fell to the ground and miles allegedly kept firing. >> the gun holds 14 in its magazine. and one in the chamber. 15 shell casings, you can do the math. he unloaded the entire pistol into deputy goforth. >> reporter: the 47-year-old deputy, father of two, is remembered as a family man, and as a deputy dedicated to his job. fellow deputies now reflecting on his decade of service with the sheriff's office. >> he was a good man. >> reporter: the motive behind the shooting? still unknown. the killing triggering an emotional response from the local law enforcement community. sheriff ron hickman says the attack was clearly unprovoked and there's no evidence the two knew each other. he's now linking the attack to the many protests around the country for the treatment of african-americans by police. >> we've heard black lives matter. all lives matter. cops' lives matter, too. let's drop the qualifier and say lives matter. >> reporter: miles has a lengthy criminal record but never spent much time in jail. he now faces capital murder charges in houston. stephanie ramos, abc news, washington. daylight reveals the damage left behind at schools in santa cruz county. still ahead on abc 7 news at 4:00, students forced to stay home today. the championship warriors are getting ready to hit the hardwood for bay area fans, but it will not be in oakland. new at 4:30, a construction fumble? the company that built levi stadium is named in a new lawsuit for the work. michael finney is taking your questions on twitter and facebook. he'll answer them live here a little later on. we're checking our traffic across the san mateo bridge. moving in both directions. a little heavier on your left-hand side, eastbound traffic. daylight shows the destruction of a community center shared by two schools in the santa cruz mtsd. the suspicious fire overnight left hundreds of students with a sudden day off. investigators are calling the fire in los gatos suspicious. it broke out just past midnight. here's abc 7 news reporter matt keller. >> calling to let you know there's no school today, monday, due to a fire last night. >> reporter: classes were canceled today for about 500 students at loma prieta elementary and a middle school in the santa cruz mountains. a fire destroyed a community center and damaged the gymnasium between the two campuses. this man saw the flames just after 11:00. >> we don't want the school to burn down koert cal fire took a pictures of the flames. investigators believe the fire started in a garbage can sitting in front of the building. the flames were stopped from spreading to the gym by the huge concrete wall and metal doors. water damage to the floor could be a big issue. several different groups use the community center, including a senior's group. the sheriff's offices shared a substation. loma prieta elementary and the middle school also used a big portion of the building for their music, art and dance classes. >> it's a highly utilized, very busy component of our district resources. this will be a loss, not only to the kids, but to the community. >> reporter: there are surveillance cameras, but the hard drive was inside the building. investigators are not sure if it's salvageable. they're hoping to find evidence that determines whether or not this fire was intentionally set. as for the children, they're expected to be back at class tomorrow morning. in the santa cruz mountains, matt keller, abc 7 news. san francisco police are getting help to deal with an increase in crime near one of the city's top tourist attractions. anyone who visited the area knows it gets very crowded. the street ambassadors will patrol the top and bottom of the hill to tourists, and clear driveways for homeowners. they'll also provide extra security. just last week, two robbers shot a tourist on lombard. >> a lot of criminals preying on tourists, if you will. we've seen a lot of car break-ins, thefts in the neighborhood. we're lucky we have a great police force that's addressing it, but in's only so much they can do. >> the ambassadors will not carry weapons, but there will be more of them during weekends when the area gets really crowded. a federal appeals court is considering whether california's death penalty violates the constitution. a three-judge panel of the ninth circuit court of appeals heard arguments in pasadena. they say it violates the 8th amendment on cruel and unusual punishment. they say years of delays from conviction to execution have resulted in an arbitrary and unfair system. 94 death row inmates have died from natural causes. unprecedented number of californians are moving away. new tax return data from the irs found about 5 million californians left between 2004 and 2013. when you add in people from other states who moved here, it's still a necessary loss of more than 1 million residents. 600 know californians moved to texas, and they believe the recession and housing bust likely played a role in that trend. the overall population still grew in california because of an increase in births and immigrants. lieutenant governor gavin newsom and his wife are about to be parents for a fourth time. newsom sent out a tweet today saying they're expecting a son this winter. they already have two daughters, 5 and 2, and a 4-year-old son. they've been married since july of 2008. newsom, who's 47 years old, has been lieutenant governor since 2011 after spending eight years as the mayor of san francisco. the golden state warriors will open the 2015 preseason in san jose. the league announced the team will host the toronto raptors monday, october 5th. this will be the first action for the warriors since winning the title in june. the first 10,000 fans will receive a san jose sharks edition steph curry bobblehead doll. tickets to the game in san jose are available starting tomorrow. a fun outreach. >> yeah. let's reach out to spencer for a check on the weather. >> we start another week with a full forecast. >> i love this weather almost as much as i love the warriors. live doppler 7 hd, a lovely day. start the week across the bay area with sunny skies. a little patch of low clouds, a hint, actually, pushing up part of the coastline. here's the view from the rooftop camera, looking out over the bay under blue skies. a look at the forecast freeatur. cooler inland midweek, and then we'll start warming up again toward the weekend. that will continue right on through the weekend and through labor day. so it's going to be a lovely three-day holiday weekend. the water vapor satellite radar, the jet stream will bring the midweek cooling. the forecast animation taking us into wednesday, thursday, friday. you'll see the cooler than average inland conditions wednesday, thursday and friday. temperatures will bounce back over the weekend. down in the tropical pacific, we have two powerful storms that seem to pose little threat to any populated areas. a category 4 hurricane, very powerful storm, and hurricane ignacio a category 2. the paths for these two storms expected to move northwestward. and pull away from not only hawaii, but any land masses for that matter. so if they stay on those paths, they will be harmless. back to the bay area, overnight fog developing at the coast. locally out over the bay. low temperatures in the upper 50s to right around 60. maybe just above 60 in some inland locations like livermore, concord, fairfield and oakland. then tomorrow, look for mainly sunny skies. although some patches of low clouds will linger near the coastline. highs will range from mid to upper 60s at the coast to mid to upper 70s right around the bay to mid and upper 80s inland. fairfield and antioch, highs of 87. 87 also up at clover hill. 89 at lake port. we'll see midweek cooling wednesday and thursday, inland highs reaching only to the low 80s. in fact, some places won't even reach 80. mid-70s around the bay. mid-60s around the coast. bounceup in temperatures on friday and saturday. over the weekend, sunday and monday, labor day, we'll see highs inland back around the 90-degree mark. up to about 70 degrees on the coast on sunday. looks like it's going to be a lovely weekend for our last official summer weekend. not last at tro nom cal weekend of summer, but we generally consider the end of the summer to be labor day weekend. >> it's over? >> almost over. >> thanks, spencer. >> can you believe september already? up next, all the moments from last night's vmas, still getting buzz today. the one thing already sparking protests. new at 4:30, the little known gop challenger surging to the top of the polls with the donald in a key battleground state. we are checking our traffic in walnut creek. 680 southbound, much better, on your right-hand side. pretty packed on your left-hand side. northbound traffic on 680. what do a nascar® driver... a comedian... and a professional golfer have in common? we talked to our doctors about treatment with xarelto®. xarelto® is proven to treat and help reduce the risk of 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the other day. miley looks good. >> we're all in this industry. we all do interviews and we all know how they manipulate. nikki, congratulations. >> reporter: remember when kanye interrupted taylor? this time she won video of the year, and gave him an award. >> i'm going to let you finish. >> reporter: he dissed his host. >> i still don't understand award shows. >> reporter: made an announcement. >> i have decided in 2020 to run for president. >> reporter: some sort of shower curtain, and bieber's debuting a new 'do. >> look at that. >> is this live? ♪ >> reporter: but the best musical moment, the weekend. nick watts, abc news, los angeles. >> kanye for president. >> yeah. >> all right. the parents television council slammed the show once again today. the conservative group accused mtv of blatant sexualization, and chastised miley cyrus' discussion of marijuana and her wardrobe malfunction. one daredevil's terrifying stunt in the ukraine is getting a lot of attention online this afternoon. >> a man appears to jump onto the roof of a commuter train and walking across the top of the train while moving at full speed. >> and taking a selfie. he somehow safely jumps down and gets on the train. >> clearly this was not legal. the video posted this weekend on youtube already has more than 1 million views. >> do not try that at home. do not. tom brady versus nfl commissioner roger goodell. we could be hours away from knowing who's the winner of deflategate. pope francis gets a jump-start on his trip to the u.s. the virtual visit he paid to california and other cities across the country today. is it a money tip? santa clara county claims it's losing millions of dollars on the new hospital tower. take a look at these bbq best cracked pepper sauce... most ribs eaten while calf roping... yep, greatness deserves recognition. you got any trophies, cowboy? ♪ whoomp there it is uh, yeah... well, uh, well there's this one. best insurance mobile app? yeah, two years in a row. well i'll be... does that thing just follow you around? like a little puppy! the award-winning geico app. download it today. new video shows an angry bicyclist during a protest known as critical mass. it happened friday night on marina boulevard. bicyclists surrounded the car for some unknown reason. when the car tried to pull away the bicyclists started hitting the car. why bicycle groups are not being supported. reporter katy tweeted out this picture of the broken wing tip when they collided last night at oakland international airport. a live report at 5:00 with reaction from the people onboard the plane when this happened. a long delayed hospital expansion has broken into a battle royale with both sides pointing a finger blaming each other. david liu is live. david? >> reporter: pretty shocking news coming out of san jose this evening. getting downright nasty about the still incomplete intensive care and hospital bed facility. construction began in 2009. it was supposed to be done in 2013. six years later, the odds are pretty high it's not going to be done anytime soon. county leaders say they've reached the breaking point. this new 168-bed facility is so far behind schedule, they're ready to lock out the contractor, turner construction. >> we really have no choice. we need to get control over this project, because it's being delayed unnecessarily. >> reporter: the county says the facility is 80% complete. turner says it's 90% complete. the building was supposed to open september 19th. >> this will give you an idea how much word still has to be done in 19 days. portions of the ceiling are still open. over here is where the patient beds go, but the system to monitor a patient's condition not yet fully installed. the floor needs covering. the county says the delay is costing taxpayers $36 million per year in lost patient revenue. it's also holding up the expansion of the maternity and burn units. and in words with the contractor, turner is accused of a slowdown while it puts its manpower into completing levi stadium. they also built city hall. >> we say it's mismanagement on behalf of the county. that the county has issued hundreds of contradictory change orders that they have not responded to our thousands of requests for more information. that is not uncommon for crews to show up and be sent home because there isn't an established pattern of work. >> reporter: turner has been sent a notice of default and has a week to respond. the county is prepared to hire a new contractor to finish the work. in san jose, david louie, abc 7 news. a high school student east of sacramento is facing drug charges this afternoon after a football player suddenly collapsed over the weekend. the 17-year-old provided ader ol to the student. the drug is a stimulant. as part of the ongoing investigation into what happened to two teenagers friday night during the football game. 15-year-old nick brown suddenly collapsed while shaking hands. another player needed help as he was sitting in the stands. >> a thorough investigation is under way to ascertain exactly what happened. including a review of game footage and other offfield factors. >> brown remains in critical condition with a serious brain injury. the other student was treated and released. if you are very satisfied with how things are going in america, you appear to be in a very small minority. in a new national poll, if that poll is correct. a new survey found that 71% of all voters are dissatisfied with how things are going across the country. while a mere 2% say they are very satisfied. neither party fared particularly well. republicans received a 12% approval rating from the job performance, while the democrats got 27%. interesting results. neurosurgeon ben carson is surging in iowa. in a new poll the republican presidential candidate is tied with donald trump with the lead with 23% of the vote. the surgeon's support has increased by 15 points since the organization's last poll in mid-july. former hewlett-packard ceo carly fiorina came in third with 10%. roughly 7,000 pages of former secretary of state hillary clinton's e-mails will be released at 6:00 tonight. the state department plans to post the documents on its website, including about 150 that have been censured because they contain information that has now been deemed classified. the officials say the redacted information was not identified as classified when clinton sent or received them. more than 6,000 pages of documents from clinton's private e-mail servers have already been released. it was a wild scene at a train station in a budapest, hungary. hundreds of migrants celebrated as they prepared to board trains to germany and austria. these migrants faced no intervention from police. in past months, hungarian police have often removed migrants without the necessary travel documents from those trains. pope francis made history at the vatican today. francis hosted the first-ever virtual papal audience speaking online with americans, including people right here in california. abc news anchor david muir moderated that session and reporter stephanie ramos explains how it works. >> reporter: 78-year-old pope francis has rock star status in many parts of the world. the first latin american jesuit to lead the roman chath lick church. he bake the first pope to hold a virtual audience with hundreds of people in los angeles, chicago, with david muir moderating at the vatican. the virtual audience lasted about an hour as the pontiff engaged with individuals from three different groups. students at the jesuit high school in chicago's inner city, and a church near the u.s./mexico border, homeless men, women and families in los angeles. the pope said it's important for him to meet with all of them. the citizens of the united states. who have problems like anyone else. he heard stories of struggle, invoking tears and gave immigrant children hope for a better future. at one point asking a teenager in chicago fighting tough personal battles to sing for him. she did. >> i guess i had to do it, since it's the pope. >> reporter: he even called directly on a sister who helps immigrants in texas. he told her he loved her. >> it was beautiful. i think on behalf of everybody present, because i represent all of us. >> reporter: in the end, crowds chanting, i see it, i feel it, the pope is here. pope francis says he wanted to connect in a new way with people he wanted to visit, but wouldn't be able to during his trip to the u.s. stephanie ramos, abc news, washington. >> be sure to tune in to a special edition of "world news tonight" from the vatican. david muir will have more on his exclusive visit with pope francis. >> we'll focus on the pope's canonization on september 23rd. >> a great trip. up next, why the ashley madison hack may actually be good for business. >> but first, what was tropical storm erika, still packing a punch. i'm michael finney. "ask finney" is just ahead. i'm still taking your questions on twitter and facebook. come back here, because i'll be answering your questions live in a little bit. from the east bay camera, clear skies everywhere, including the coast, for now. but a few low clouds are likely to form there. i'll have the forecast in just a moment as ab the remnants of tropical storm erika caused a soggy mess today in charleston, south carolina. this was the city's fifth wettest day ever with nearly 6 1/2 inches of rain in six hours. all that water flooded homes and forced dozens of road closures. let's focus on our weather on the west coast. >> spencer christian is here with a nice monday outside. >> ama and dan, nice lovely weather here on this coast. here's a look at the live doppler 7 hd. let's look at the national weather picture for tomorrow. mainly sunny and quite warm and summer-like just about everywhere. look for a few scattered thunderstorms down along the gulf coast and into northern florida, and maybe one or two off the mid-atlantic coast. otherwise, a sunny warm day across the entire country. sunny and warm day across southern california. 93 at yosemite. 96 at fresno. here in the bay area, highs will range from mid to upper 60s at the coast to mid and upper 80s inland. we'll use livermore as our indicator of the high temperature trend for the next seven days. notice wednesday, thursday and friday, highs in livermore will be about, oh, 6 to 8 degrees below the average, which is about 88 for this time of the year. temperatures will rise again on sunday, and monday in livermore, with highs in the low 90s. that's indicative that the area of the trend is for the next seven days. we'll have a little bit of a cooldown midweek and middle of the week. monday we'll see temperatures soar back to summer-like levels. >> okay. thank you, spencer, very much. still ahead on abc 7 news at 4:00, think say any publicity is good publicity. that's apparently the case for the site catering to cheaters. the 27-year-old mom who left her baby at the grocery store breaks her silence. her response to the social media shaming she's now enduring. i'm michael finney. we're talking expensive cable bills today. can companies make you pay a ca so, what did you guys they think of the test drive? i love the jetta. but what about a deal? terry, stop! it's quite alright... you know what? we want to make a deal with you. we're twins, so could you give us two for the price of one? come on, give us a deal. look at how old i am. do you come here often? he works here, terry! you work here, right? yes... ok let's get to the point. we're going to take the deal. the volkswagen model year end sales event ends on labor day. so hurry in to your local volkswagen dealr toda! prosecutors in arizona must now decide whether to file criminal charges against a mom who left her 2-month-old son in her car in the heat. support for the woman is growing on social media. >> she's a 27-year-old mom of four at the center of a blistering social media movement dubbed #i stand with cherish. >> what's it like? i knew -- >> reporter: cherish peterson under fire. for leaving behind her 2-month-old son outside in arizona supermarket monday afternoon. this photo snapped by a bystander shows baby hukston strapped into a carrier inside a shopping cart. in an interview with a local station, peterson shares her side of the story. >> i got into my car. and normally i put my cart away, but i didn't need to, and i drove away. >> reporter: describing the horrific moment her baby was not in the car. when she got home 40 minutes later. >> as i was pulling into the garage, my 3-year-old goes, mom, where's baby huxton? his car seat is right behind me. i turned around and looked and realized it wasn't gone. >> reporter: a police officer took him inside a nearby salon. he was not injured. but peterson now faces a misdemeanor count of child endangerment. >> i thought the whole time he was in the car. >> reporter: the incident sparking a social media firestorm. many quick to condemn peterson's actions. one facebook user thought she was under the influence. others rushing to support peterson on twitter. and a facebook page attracting nearly 17,000 members. supporters sharing what they call their own perfectly imperfect parenting moments, and calling for forgiveness. the public punishment through social media has to be more painful than any charges brought against her. i forgive and so should we. >> i made a horrible mistake. >> that was jesse palmer reporting. it should be noted in may, a phoenix mother was sentenced to 18 years probation for leaving her two sons inside her suv during a job interview. we are learning more this afternoon about the death of a baseball fan from the upper deck of turner field in atlanta. the fulton county medical examiner said today that greg murray died of blunt force trauma after he fell during the braves-yankees gam saturday night. the 60-year-old began to heckle alex rodriguez and fell about 50 feet. it left braves fans and players understandably shaken. >> all we can do is pray about it. hopefully he just would find strength to go out and play and put a smile on the fans' faces. >> this was the third fan death from a fall at turner field in the past eight seasons. turns out the hacking scandal might have been a good thing for the website ashley madison. the parent company claims hundreds of thousands of new users have signed up in recent days, including more than 87,000 women. the dating website for married people was breached in july by hackers calling themselves the impact team. data bases for the site were posted online two weeks ago. time to "ask finney." michael finney here answering your questions sent by a facebook twitter and e-mail. my cable company increased my fees substantially. is this right? >> most cable companies, if you sign a two-year contract, they give you a great deal, for the first six months, or year. but you still have to pay the whole two years. what they're doing, they probably can do, what you want to do is call them up and negotiate. rather than say, i want to cancel, call them up and say, i need to figure out how to cut this down. if you do it in a positive way, they often have a way to decrease it. but they don't have to. you signed a two-year deal. >> denise e-mailed, who pays for the fallen fence between neighbors? >> here's the state of california. the fence is shared equally by both neighbors, so you're both responsible. that's the law. there's a lot of loopholes. that would be if it is an economic hardship on one party, then they can say, look, i just can't afford it. i don't want to do it. if one party really gets a lot more from this fence than the other, the judge could rule, they should pay three-quarters, because the guy doesn't even need the fence. this guy does need the fence. what you need to do is look this up. nolo.com is a good place to go. what you're generally going to want to do is send a letter saying in 30 days i'm going to do this. this is your notification. i expect you to pay half of it. now, you could end up in court over this. because they don't pay you, you have to take them to small claims court. i gave them the 30 days, so make sure you read up on it. >> thanks, michael. david t. asked, an appliance repair worker has to give an estimate before washing my washing machine? >> they do. a lot of people don't get it. they have to give you a written estimate. the final figure has to be on the estimate. that's it. they don't have to tell you how much the labor or parts is, the tax. but they have to give you a final figure. >> thank you, michael. google's self-driving prototype cars will soon cruise sdrets outside of california for the very first time. the company announced today its cars will be on the road in austin, texas, in the next few weeks. the cars will have a test driver inside, and temporary steering wheel in case of an emergency. google began testing the cars around the mountainview headquarters earlier this year. i can't wait for these things to drive us to work. no compromise between tom brady and the nfl over deflategate. which side has the upper hand? we'll take you live to the manhattan courthouse where the decision could be hours away. and new at 5:00, what chipotle is using in their food that haes people suing to remove. google opens a new front in its battle with apple. what bay area scientists say you should use to avoid catching a cold. tonight at 8:00, bachelor in paradise, followed by bachelor in paradise after paradise. the whispers. join us for abc 7 news at 11:00. a judge will make a decision on tom brady's punishment over the deflategate scandal after brady and the nfl couldn't come to an agreement. >> the nfl suspended brady four games for his role in the deflating incident. brady said he will not accept any suspension. elizabeth hur has more now from federal court in new york. >> reporter: tom brady left court just before noon, flashing a smile, but without talking to reporters. hours earlier, there were tears from fans for the star quarterback, and boos for nfl commissioner roger goodell. the two arriving separately for last-minute settlement talks that ended without a compromise. it is now up to the judge to settle their differences over deflated footballs. >> we want to thank the court. we tried our best to reach a settlement, which we did not reach. for us, it reinforces the desire and need for an independent arbitrator. in these matters of personal conduct. >> reporter: the nfl players union wants brady's four-game suspension thrown out. they're arguing it reacted appropriately. it was back in may brady was fined and suspended after the nfl concluded brady was generally aware that two patriots employees had conspired to deflate footballs before the afc championship game. allegations brady has denied, and continues to fight. >> the nfl has gone into this with an advantage. i think they still have the advantage. settlement talks went nowhere. i think you have to give a little more favoritism for the judge ruling for the league, but you never know. >> analysts say brady could still play next week by appealing the ruling and essentially asking the judge to put his decision on hold until the appeals process plays itself out. >> we shall see. the woman who infamously sketched tom brady in court during his last appearance got a second chance today. here's the old drawing from earlier this month. >> people online compared it to michael jackson wearing thriller makeup. today's sketch looked much different. >> it was better. the artist said she was embarrassed by the earlier sketch, saying brady was hard to draw because of his eyes and cleft chin. she has obviously -- it's hard to draw. everybody says he's a pretty good looking guy. the first drawing, not so much. thank you so much for joining us for abc 7 news at 4:00. abc 7 news at 5:00 begins right now. an ugly confrontation during critical mass in san francisco. it happened minutes later that has one city leader calling for a crackdown. a chase has one pedestrian running to get out of the way. we're learning about the man in the red mini cooper. out of service. two southwest planes clip one another in oakland. what the airport is telling abc 7 news tonight. meteorologist sandhya patel. i'll have details coming up. hey! you're running me over! >> a bicyclist attacks a car in san francisco. and now the road rage has more than one person in trouble. good evening. thank you for joining us tonight. i'm ama daetz. >> this is caught on camera in a trendy neighborhood. you'll see investigators actually have their hands tied until the driver or the car company does something else. live in the marina now with the latest on this very strange story. >> reporter: you know, critical mass happens on the last friday of every month. and for the most part, they have been well organized, and peaceful. until this event, which happened on this very busy boulevard. now, the san francisco bicycle coalition told me off-camera that what some cyclists did is both illegal and not advised. >> woo! >> reporter: shortly after 8:00 friday night, a group of cyclists participating in critical mass started riding against traffic on marina boulevard in order to get to the other side. one of the cyclists gets upset that the driver of a zip car attempts to inch forward. the cyclist then leans his bike against the car, and insults the driver. before long, others surround the car. with nowhere to go, the driver then tries to back up and go around them. that's when things get worse. >> you're not going anywhere. >> reporter: one of them smashes his bike against a car, and the second hits it with a u-lock. the car company issued a statement saying, with any incidence of this kind, the well-being of anyone involved is our top concerned. >> violence in our neighborhoods, in any form like this, can't be tolerated. >> reporter: the supervisor represents the marina district. >> we're looking into it with the police department to make sure we evaluate what happened, gather as much information as we can and talk about appropriate steps moving forward. >> reporter: neither the driver nor zip car has filed a complaint, which means police can't move forward with the investigation. since june, the captain of the parks station has been working with both drivers and bicyclists in golden gate park, practicing mutual respect. >> we all have to understand the rules of the road, and abide by the rules of the road. and we have to talk and