department. >> reporter: a search of criminal court records turned up one prior arrest for matthew farris. in 2007 when farris was 18 years old, he was arrested for driving under the influence of alcohol. there were no prior arrest records for lubrin or rodriguez, but a source familiar with the investigation tells abc 7 news that an inmate currently in the hospital has accused rodriguez and another correctional deputy, not currently facing charges, in a different incident involving excessive force. the source says the inmate is being treated at valley medical for a broken jaw. attorney paula canne is representing tyree's family. she thanks sheriff smith on behalf of the family for acting swiftly and reminded everyone that michael was someone's brother and son. >> michael tyree, even though he was an inmate in a jail, is a person of value. >> reporter: social justice advocates say inmates have complained about santa clara county correctional deputies before. >> the differences now with the fact that this has broke, this story has broke, i think it gives even more validity to an otherwise silenced population. >> we will work as long as it takes and as hard as we must to examine our operations. and to make the necessary changes to prevent this type of horrific incident from repeating itself. >> reporter: the correctional deputies have all been transported to a jail facility outside of santa clara county as they await their arraignment. all three of them refused to be interviewed by investigators with the sheriff's office and instead requested their attorney. reporting live in san jose, melanie woodrow, abc 7 news. >> thank you. a sexually violent predator will not be moving to a concord neighborhood after the property management company renting the house backed out. 51-year-old frazier smith is a convicted rapist. officials say he will not move into the 1500 block of amherst way because the rental agreement fell through. the contra costa county prosecutor said her office will be on alert if the state tries to move him elsewhere in the county. new video shows a man suspected of posing as a tsa agent at san francisco international airport luring women for patdowns. police say he was drunk last year. surveillance video shows him wearing a blue shirt. tsa screeners wear the same color. a real screener noticed what was going on inside a private room but he was never prosecuted because neither of the women involved complained. coming up at 5:30, "world news tonight" will have more about troubles with the tsa at airports across america. a key witness took the stand today against the man accused of killing 32-year-old kate steinle who was walking along the pier with her father when she was shot july 1st. vic lee has been in court all day and joins us with more. >> reporter: the court hearing just adjourned a little while ago. all of the testimony is over. the judge now has to decide what kind of charges the prosecution gets to prove to the jury. was it second-degree murder, was it manslaughter or was francisco lopez sanchez simply a bad shot. the fourth day of hearings started with testimony from erin carpenter, a tourist staying at a hotel opposite pier 14. she took cell phone pictures from her hotel window of francisco lopez sanchez walking away briskly after she heard gunshots. carpenter said she was suspicious of him because he was the only person walking away from kate steinle, now lying on the grounld, when everyone else was going toward her. she gave the images to police. prosecutor diana garcia also called three officers who responded to the scene. officer andrew bryant was the one who arrested sanchez. he's one of the officers in the cell phone video of the arrest. during the preliminary hearings, prosecutor diana garcia called a ballistics expert who showed the gun similar to this one that sanchez is accused of firing. public defender matt gonzalez called only one witness, but he was crucial to his defense, that the gun went off accidentally. form sfpd crime lab director jim norris said last week that he supported gonzalez' theory that it was an accidental discharge. that based on earlier testimony from an investigator that the bullet struck the peer walkway first, then ricocheted, hitting steinle in the back. >> i believe that while the defendant was aware that something had happened with this thing that he was holding, i actually don't believe he was aware that someone was shot on the pier. >> reporter: so the preliminary hearing continues tomorrow morning and the judge is expected to make a ruling tomorrow. vic lee, abc 7 news. >> all right, vic, thanks very much. the house ethics committee tonight is expanding its investigation into silicon valley congressman mike honda. they found honda's staff used government computers to research his political opponents and prepare political materials for his campaign on official time. the long-time representative narrowly defeated his opponent last here. honda says he takes full responsibility and now has strict procedures in place to make sure no staff members are working on his campaign. some of silicon valley's biggest tech companies will pay $415 million to settle long-time allegations of employee poaching. apple, google, adobe, intel and other major companies faced a class action lawsuit. the plaintiffs argued company executives agreed not to recruit employees from other tech companies which kept wages lower than they should have been. the judge found evidence the executives conspired together. san mateo native tom brady will play when the nfl season begins next week. today a judge overturned a four-game suspension for the quarterback. league commissioner roger goodell had benched brady for using underinflated footballs during a championship game. the judge said goodell didn't properly notify brady of what he was accused of and his potential punishment. to baseball, giants pitcher tim lincecum will miss the rest of the season. the two-time cy young award winner has undergone arthroscopic surgery on his left hip. the rnight-hander has been on te disabled list after taking a line drive off his right forearm. he is scheduled to be a free agent at the end of the year. one elementary school in san francisco is trying to make transgender students feel more accepted and safe. mira loma elementary has started by changing some of the school's bathrooms. lyanne melendez is here to explain what's being done. >> reporter: these gender neutral bathrooms aren't new, but mira loma elementary wants to have all their bathrooms be just bathrooms used by boys and girls, one at a time, just like the ones at home. now, this is something we could eventually see at every school in the district. there are no boys or girls bathroom signs in the first grade at mira loma elementary. the two located in the classroom are now gender neutral. the changes came about after a few parents told school officials their children were not gender specific and didn't feel comfortable going to the bathroom. >> we want to make sure that we're using the correct language as parents. we're wanting to make sure that our staff uses the correct language. as you know, words are powerful. >> reporter: teachers here at mira loma have also gone through training to learn new terms, such as gender expansive and gender fluid. >> gender fluid means that someone of one biological gender identified as a gender at birth may express him or herself slightly differently publicly. >> reporter: some of the bathrooms in the common areas of mira loma elementary have also been changed. now instead of having two stalls inside, there is only one and it's neutral. >> the only questions i got from parents were help me know the language to best explain this to my child and what it means for them. >> reporter: so far the changes have been made in the kindergarten and first grade classrooms. the second and third graders will eventually see their bathrooms become gender neutral, an easy task because they too have bathrooms in the classroom. the challenge will be for students in fourth and fifth grades who don't. the school is working on ways to accommodate everyone. in san francisco, lyanne melendez, abc 7 news. well, the south bay is trying to do what no one else has. coming up, the unprecedented effort in the fight for a living wage. plus -- >> there were headlights approaching us and the train was coming. >> the deputies called heroes after an incredible rescue. how they're getting their recognition. stay with us. i'm abc 7 news meteorologist sandia patel. fall is in the air, but summer heat is returning. i'll take a look at your holiday forecast coming up. i'm laura anthony in richmond where the stands are filling up for folks wanting to see one of the most famous around the bay area, individual cities have chosen to raise the minimum wage, but in silicon valley tonight, there is a regional approach to paying workers more. nearly half the mayors in santa clara county have come together to support an initiative to raise the minimum wage. you see the cities on the map here. abc 7 news reporter chris nguyen is live in san jose with the story tonight. chris. >> reporter: dan, good evening. the minimum wage here in san jose is $10.30 an hour, but if you go over to santa clara just a few miles away, it's $9 an hour, so there's a big difference there. and for some people, they say, you know really this initiative really brings new meaning to the phrase that every dollar counts. lauren saunders works full-time at a restaurant in downtown campbell. after seeing some of her friends struggle to make ends meet, she wonders what the job market will be like when she graduates from college. >> we have to cram into rooms, like share apartments. it's hard. i feel bad for my friends who try to make it on their own. >> reporter: this afternoon some mayors came together to announce the first steps toward potentially raising the minimum wage across santa clara county, backing a proposed study that would be funded by the city of san jose. >> what we like to do is ensure it's a value, raise wages in a thoughtful way and do it in a way that doesn't impact negatively small businesses and some of those folks who are struggling the most. >> reporter: randy muster is in favor of a regional approach that helps level the playing field, but says that any type of implementation needs to be carefully planned. >> we would have to pass on all of those costs to our consumers. then we may have less customers coming in and, therefore, we're going to have to cut staff. >> reporter: san jose state professor scott myers lipton says he's encouraged by what he has seen so far, saying what happens here in silicon valley could affect the entire nation. >> when you talk to folks that are making minimum wage, what people say is it didn't solve my problem but it helped. it helped pay for the basics, rent, food, transportation. >> reporter: the study will take a few months to complete, but any final decisions would ultimately be made by individual cities. in san jose, chris nguyen, abc 7 news. uc berkeley is proposing a new initiative to increase the number of african-american students. officials want to establish a $20 million scholarship fund for black undergraduates. the fund would be privately administered because scholarships based on ethnicity were banned under proposition 209. well, the new initiative comes as the academic year opens with just 342 black freshmen admitted. that's only 4% of all accepted applicants. a famous band is here in the bay area, a rare appearance by the grambling state university marching band known for its performance all around the country and around the world and they are rehearsing right now in richmond. abc 7 news reporter laura anthony joins us from kennedy high school. tough duty, laura. >> reporter: hi, cheryl. they're running a few minutes late here, the bus just pulled into the parking lot but let's show you the stands behinds me. these fans have been gathering in the last couple of hours here at kennedy high in anticipation of the show that the grambling state band is going to put on. they are also hoping to send a message to the young students here who might want to follow in their famous footsteps. it's a marching band like none other. known as the best band in the land. it's a contagious mix of high-stepping talent, raw energy, and boundless enthusiasm. and they're in the bay area for a rare appearance this saturday, when grambling state university plays cal at memorial stadium. senior jailen hawkins is a drum major. >> what we bring to the marching band experience is enthusiasm, a little fun on the field and just getting the crowd hyped. >> reporter: amidst the fun there's also an effort to send a serious message. >> you have the potential to do anything that you put your mind to. >> reporter: band member jamie taylor is from oakland. >> i didn't think i would be able to do it, balancing classes and everything, but i've done it and i'm just so happy. i'm proud of myself as well as my peers. >> the message is music. music, charming everybody. music brings life. music is the greatest thing in the world. >> reporter: and this was a live look again at the crowd here at kennedy high school in richmond. the grambling state marching band just getting off the buses to my left here. they are going to perform here tonight. a little bit of history, it started in 1927 with just 17 instruments provided then by sears roebuck and now they're up to 200 band members. we'll be back at 6:00 and show you the band then. >> can't wait. kennedy high school, the place to be tonight for that, laura, thank you. two san mateo county deputies who saved a driver stuck in a car on the tracks last month were honored by caltrain today. the two deputies were recognized this morning for going above and beyond the call of duty to protect lives. this is video of the rescue in sunnyvale on august 3rd. watch this now. just seconds before the train hit the car. police say the driver had been involved in a hit and run and kept driving until he skidded into the railroad crossing arm. whitted says he was just doing his job. >> i don't think i'm a hero. i was just in the right place at the right time. any other deputy would have made the same decision and done the same thing. >> these guys had only been working together a couple of weeks. the driver was arrested and charged with driving under the influence but he would have been killed had they not sprung into action. >> i hope he thanks them one day. let's head outside where it's been a gorgeous day today. >> sandingia sandhya patel as forecast. >> today the formewarmest spots the upper 70s to the low 80s. it's bright, it's breezy. let's check out live doppler 7 hd and talk about your holiday forecast here in just a moment. only a few clouds lingering right here near the coastline but just about everyone enjoying the sun. there is a red flag warning tomorrow afternoon and evening for the sierra nevada, as gusty winds and low humidity will keep the fire danger up. it's a little gusty out here, 23 miles an hour in san carlos, 20 in mountain view, 21 in fairfield. it's the onshore breezes. some areas actually were a little bit cooler than yesterday. and from our sfo camera, a lovely view of a few clouds, lots of sun, mid to upper 60s from san francisco to oakland. it is 72 in san jose, 75 in morgan hill. a live picture from our lake tahoe camera. if you're heading up here, there's a lake wind advisory 11:00 a.m. to 9:00 p.m. tomorrow and you're looking at gusty winds for your friday in the tahoe area with sun and clouds mixing in. sunday and monday look pleasant as well. 80 in santa rosa right now. 75 in livermore. this is going to be a popular place this upcoming weekend, especially with the warmup. santa cruz camera. some people already starting off their weekend or they have the day off. warmer pattern begins on saturday and the warming peaks on labor day. here's a look at the satellite/radar. this is the area of low pressure that is basically keeping us in the cooler than normal mode. fall-like system producing showers in washington and oregon. that's where the showers will stay. but this trough will actually pass through here as we head towards your friday and so we'll keep it dry and breezy for your friday afternoon and then things will change. for saturday, temperatures will be up. upper 60s to the upper 80s. the warming trend gets underway. on sunday you'll see 90s anyonelaanyoninland, 70s at the coastline. and this labor day it's going to be very pleasant. temperatures in the 70s to the 90s. take a look at the morning lows. it's feeling cooler outside, no doubt about it. temperatures will start out in the 50s across the bay area. when you get going as you take those kids off to school, make sure you dress them warmly as it will be a little bit on the cool side. and then for the afternoon, 64 in half moon bay all the way to 79 in antioch, 71 oakland, 77 santa a, 74 san rafael, san mateo 70 degrees, 73 in san jose and breezy conditions in san francisco, 67 degrees. a look at the accuweather seven-day forecast, only a 16-degree spread between coast and inland for your friday. not exactly summer microclimates. but as we hit the weekend, we'll see those microclimates returning sunday and monday. mid-70s for the second half of your weekend coast side, mid-90s inland. if you're not a big fan of that, saturday low 70s to upper 80s, so just a little bit warmer and then back to work will be quite pleasant with 70s to 90s. cheryl, dan. >> thanks very much. still ahead, turning your lawn over to a robot. up next, 7 on your side's michael finney reveals how well they really cut your grass. and 5:30 on world news with david muir. >> the showdown, the clerk and gay marriage. the clerk hauled into jail. donald trump and what he's now declared today. and new video tonight, you'll see it, what some agents are accused of doing as you pass through airport security. we're next. and new at 6:00, getting the picture. 7 on your side's michael finney explains what can happen when you bring your analog set into it means another neighbor is wgoing to sleep better tonight. because they went to sleep train's ticket to tempur-pedic event. through labor day, save up to $500 on select tempur-pedic sets. plus, get up to four years interest-free financing. sleep risk-free with sleep train's 100-day money back guarantee. and of course, free same-day delivery! are you next? but don't wait! sleep train's ticket to tempur-pedic is ending soon! ♪ your ticket to a better night's sleep ♪ we have an update on breaking news. a fatal shooting on or near the sacramento city college campus. police have now confirmed all three victims are men. one has died, the other two went to the hospital. >> sacramento city college remains on lockdown with some students tweeting that they have been inside classrooms nearly an hour waiting for the all clear. no word yet on whether the victims are students. we are running it down and will have more coming up at 6:00. in the meantime let's turn now to some consumer news. few people like to mow their lawns, if they still have one in these drought conditions. >> but there is a better way, perhaps. 7 on your side's michael finney is here with that story. all ears here. >> kick back. >> i like it already. >> just kick back. robotic mowers promise to do the job for you. so you just kick back. consumer reports has been testing them to see whether you really might want to sit back and turn your lawn over to a robot. "consumer reports" bernie decan relax. this robotic mower has mode his lawn for six weeks. >> it's great. >> he is one of four people trying out robotic mowers for consumer reports. consumer reports is also conducting more scientific testing at cornell university. a top turf research center. under tests, this works for $1,000. two, from robo mow for $1800 and a husk vaurna for $2400. with each. mo mowers you lay a wire along the perimeter. the mowers wanders about the test plots cutting as they go. >> the robots with their random pattern leave a surface that looks rough. it's evenly cut but looks rough. >> that's in contrast to those smooth parallel lines you get from a regular mower. the robo mowers don't cut the grass as cleanly. some of the ends are frayed and turn brown. >> aside from the appearance, the brownish cast on the top of the grass, it also stresses the grass and makes it prone to disease. >> and if you have uneven ground, robots can get stuck and the wheels just spin around. so far consumer reports is most impressed with the worx. it's easy to set up and program, but at $1,000 it costs far more than this $400 self-propelled honda which actually did a better job. although the multi-speed mowers tested better, you can save money by getting a single speed one. consumer reports saying the toro 2370 at best buy at just $280. a lot cheaper than $1,000. >> i need to make one that will painting for me too. >> thanks a lot. well, if you go online, you're going to find lots of adorable videos of babies because at&t and directv are offering yesterday's technology, today. tv from space. [whispered] space as long as it's not too rainy. [whispered] rainy or windy. [whispered] windy or there isn't a branch in the way. [whispered] branchy welcome to the moment no one's been waiting for. the fastest internet and the best tv experience is already here with x1. only from xfinity. [is the staying awake part...t challeng( gun shot )your day sleep train has your ticket to a better night's sleep. because when brands compete, you save during mattress price wars. and through labor day, save up to $400 on beautyrest and posturepedic. get interest-free financing until 2019 on tempur-pedic. plus, helpful advice from the sleep experts. but this special financing offer ends labor day at sleep train. ♪ sleep train ♪ your ticket to a better night's sleep ♪ i'm ama daetz in the abc 7 newsroom. coming up new at 6:00 tonight, the arrest of three santa clara county sheriff's deputies in the death of a jail inmate. tonight why this may not be an isolated case. also, the show of support for an african-american family terrorized at a campsite in the sierra. plus, these are no ordinary road signs. see how these digital displays are meant to improve the commute on one of the bay area's busiest roads. those stories plus much more coming up in just half an hour on abc 7 news at 6:00. >> thank you, ama. here is an incredible moment between a mother and her newborn baby. >> hello. hello. >> hello. >> what? he had her at hello, right? mother toni mccann was saying hello to her seven-week-old home in ireland. >> you saw that after a couple of tries, killian was able to copy his mom and it sure sounded like he was saying hello back, didn't it? >> he made that sound. >> what a cutie pie. all right, that's going to do it for us. "world news tonight with david muir" is coming up next. >> for all of us here, we appreciate your time. hope to see you again in half an hour. >> bye-bye. breaking news tonight, you'll see the showdown, the breaking news tonight, you'll see the showdown, the county clerk now hauled off to jail. tonight that clerk behind bars after refusing to grant marriage licenses to gay couples. the explosive moments inside the clerk's office, and tonight the strong reaction coming in outside. also breaking tonight, a major development in the hunt for three suspects they have called dangerous after the cop they say was killed. now word coming in of a new video. donald trump and his bold pledge tonight, what is he signaling now? quarterback tom brady and the judge tonight, his decision. will brady be able to play at the start of the season. the nfl fuming. and abc news obtaining the video, what agents are accused of doing as you pass through security at america's airports. you will see it right here.

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