trip for the president and another opportunity for discenters. good evening. >> we'll have more in just a moment. first a lawsuit has been filed against san jose police department by a man who claims he was beaten and detained. police show he grabbed him and forced him to the ground he was in san jose to give a key note speech to the graduation. wayne freedman is live with the story tonight. >> it's a formal conduct complaint. it happened here just weeks ago the department receives 200 complaints per year. this comes rather prominent young man, people take notice. was it an ordinary action or a case of excessive force? watch on this cell phone video. police throw a 23-year-old to the sidewalk, handcuff him, and take him into custody. all, howard says, because he questioned their actions with a friend. howard filed a complaint and when receiving no response, he escalated the matter. today, lawyers filed a complaint against the department. >> one officer said to mr. howard you're so ignorant as to which mr. howard responded i'm educated and intelligent i went to usc. after that he was shoved by an officer, further back. and then, assaulted. and another officer took him to the ground he was held against his will, and beaten with batons and thrown to the ground again. >> the case gained notice because he's a motivational speaker that teaches high school students to write, and perform poetry. who he does and what he does carries no weight with a police auditor, a retired judge working with the department internal affairs division. >> we determine if the investigation was fair and objective. if we disagree and if there is bias, we send them back. >> los angeles last year he talked about an incident in a you tube page, talking about being unlaw fly detained in his house during a party. mr. howard asked the san jose police for a written apology and also, for discipline of the officers involved. the san jose police have not responded. from san jose, wayne freedman abc7 news. >> one person taken to the hospital after being hit by a car in atherton this afternoon. police closed part of el camino real for about # 0 minutes while investigating. this happened around 3:30 our media partners reports the victim was taken to stanford and had serious injuries. >> and police are investigating a shooting death of a man in east oakland. sky 7 was over the scene this afternoon. circumstances are under investigation. east 17th street is blocked off and officers investigate. >> the two men convicted of murdering a little boy in east oakland will spend their lives in prison. one was sentenced to 137 years to life and willy torrance serving 121 years to life. the 3-year-old carlos nava was shot and killed as his mother pushed the boy in his scooter along international boulevard two others were wounded. according to the prosecutor the family believes justice has been served here. >> they ask the court the court impose the maximum penalty allowable under the law so no other family would face this tragedy at the hands of these defendants. >> the two men must serve 100 years before they can be paroled. they'll die in prison. >> police offering details on suspicious deaths over the weekend. reporting bodies of a man and woman inside of a house, police confirmed both died of gunshot wounds and revealed five weapons were found in the home. shootings happened after a party to introduce neighbors to his girlfriend, mara truly who just moved in. they are the victims. police have concluded there is no threat to the community. >> police arrested a man suspected of setting arson fires. most happened along mojer lane. first fire started just last friday night in this patch of grass. more fires were reported >> very dangerous the fire department got there quick quickly. had they not it could have become a big deal. >> police released tips on possible suspects. detectives arrested a 37-year-old marcos gonzales walking near the area. >> another gas leak today in the same neighborhood where a leak forced homes to be evacuated on monday. folks want to know why pg&e refused to call the fire department for help. nick, it's a fair question. >> it is a fair question. she said to me this is robin lungy saying gas was pushing from the home and i felt the need to call 911 because pg&e won't, pg&e says there was no threat to the community. >> the sound was huge, huge. and the smell was just all over the place. >> robin says on monday, pg&e crews attempting to a just a gas line broke it, causing a leak that forced an emergency evacuation of her home, and others living nearby. >> next thing we know, whooch. he's yelling get out of the house. >> robin says she feared the worst. >> can you smell san bruno? we were terrified >> firefighters were back on the scene today we were there to speak about what happened on monday and noted the strong smell coming from the meter. >> we're smelling gas again. >> robin called 911. when fire crews arrived they confirmed the fears. there was a gas leak >> pg&e guy said i broke it the situation is safe. the situation on monday was safe. >> if gas was pushing from the valve, why did pg&e leave it to robin to call 911? pg&e says making calls to 911 is not part of the protocol when dealing with a leak. >> our policy to ensure we send an appropriate gas crew out that day to ensure the situation is safe, to appropriately respond to that situation. >> pg&e says crews were right to evacuate but stress there's was never a threat to the community after a safety perimeter and no need to call 911. the team determined the meter is older, in need of repairs. >> we're going to have another crew come out to make a full replacement. >> robin says she'll be grateful to put this incident behind her. >> on a day when 40 bodies were removed from a site of a plane crash in ukraine and with his secretary of state trying to broker a middle east peace deal, president obama had nothing to say in public during his trip to the bay area, here he is drinking coffee at chrissy field this morning. here is marine one. abc7 news is live to pick up the story from there. david? >> the president came to raise money for the democratic party. so his prepared remarks did not have any hot button issues you might expect. yet, those subjects came up, nobody said so. protestors thought the motorcade would pass. one side, people hoped to get him to take a more visible role to bring peace to the fighting. >> i want him to step up and really take sides. at least be neutral. help resolve this conflict. >> another group is complaining the president has been pushing for a free, open internet with everyone. some companies that stream entertainment are seeking priority band width. >> i don't think the direction that fcc is taking is really what obama's message was whaez running for reelection. >> however, the motorcade took a back way, bypassing the pro testers and creating traffic jams. the fund-raiser for the democratic congressional campaign committee drew 90 people to the home of george marcus and his wife, judy. one young man says he got something even better. >> i got a fist bump from the president >> what is that like? >> really cool. >> was he reacting to something he said? >> i asked him, he said sure. >> another guest asked about the death penalty ruling. >> he was wonderful. he opened up as criminal justice is an issue close to his heart. gave me great confidence it continues to be very important issue for him. >> this was the president's 18th los altos visit. >> the president issued a statement on the middle east today from aboard air force one. he says he spoke with john kerry about how to end the violence and build a process that can create a sustainable path forward. >> still ahead tonight here, new impact from the california drought. we'll have a report from the truckee river where rafting may be a thing of the past. a cutting edge company with 25 new reasons to celebrate. >> i'm sandhya patel. shifting back to hot patterns, meaning triple digits will be showing up. >> and later tonight some cancer patients getting a venue to channel fears by expressing themselv bulldog: bulldog: oooh! mattress discounters' $197 mattress sale! television announcer: get a serta mattress, any size, for just $197 each piece when you buy the complete set. the $197 mattress sale... bulldog: oh boy! television announcer: ...is ending soon. ♪ mattress discounters take your time. no rcome on.y. with the chase mobile app you can get a lot done in a little amount of time from transferring funds wait a minute. you've got to be kidding. did you guys see that? that ball was out. to paying your coach for adding five miles per hour to your serve. that ball wasn't in. get your eyes checked. help me out here. download the best mobile app today. so you can always have the advantage. chase. so you can >> tourism in truckee could take a hit because of the drought. drafting may not be allowed next week. >> i'm working here on the water. >> there aren't many jobs i'm envious of, but chris cahill has one of them. i won't trade, he's about to lose. >> i say about 3, 4 weeks of work. yes. have to go find another another month, hopefully. >> he and the rafting companies said he'll likely be closed by weekend. another victim of the california drought. >> water levels would be almost to the top in that concrete pad down there. >> rich runs a family-owned river rafting. they're about to lose up to 60% of their business. >> it's getting to the point it's too rocky. >> we ran aground several times now is a great example as two experts normally someone not an expert would have a hard time. >> did you see that? >> no. no. >> the river is so low a bull dog can walk across it. there are beaches that would normally be underwater. it impacts more than rafters the lodge losing about 75% of the business but they're planning pool parties and events. >> are these things trying to makeup for lost business? >> exactly. >> so if you have mans come here and see if they're going to be running because they can shut down at any time. >> and in livermore has been arrested for leaving her children in the car while she went to a casino. she was taken into custody on a child endangerment charge the children, 2 and 3 had been left strapped in car seats unattended in a locked car on sunday when temperatures got up to 83 degrees outside. a second ride now closed at six flags discovery kingdom. officials closed the monkey business ride after a fire on top of the thrilla gorilla attraction. firefighters believe embers drifted over the lake this afternoon. good news is that no one was hurt. >> facebook stock approaching a high after a glowing second-quarter earnings report. more than 650 myin people are using it on a daily basis, now up 40%. the number of advertisers has gone from a million to 1.5 million in over a year and ad revenue is up 67%. >> you'll like the forecast. >> yes. >> spencer will like it more. >> that is right. >> and temperatures are really going to go into this direction. so we'll see hot weather around here, head to the coast or pool. there is another place to go. it's going to be near beaches temperatures will stay nice and warm. some low clouds comforting the coast, mostly clear skies elsewhere here is a view of how breezy 20 miles per hour gifts right now in san carlos. not as windy as yesterday but a bouncy camera. you can see bhu skies looking towards the port of oakland. 66 in san francisco. 70 oakland. 74 degrees in san jose. lake tahoe, sparkling conditions and sunny. 80 degrees right now in santa rosa. from our camera clouds looking towards treasure island. patchy low clouds. it's going to be warm at the coastline. you'll see here there is a cold front moving into pacific northwest. dry air just slightly drier coming in behind it. so humidity will be coming town. hot air mass begins to shift back towards west. temperatures are going to soar. limited fog, mid >>s to low 60s, then, afternoon, we're going to see changes. that fog disappears, watch temperatures. pretty warm inland. 70s and clear skies. numbers in the south bay 94 gilroy. 87 santa clara. 88 san jose. downtown san francisco, 75 degrees warm day, mid-70s there. sunset, 71. north bay you're going to see temperatures up into low 90s around santa rosa and napa. in the east bay, 81 oakland. 84 union city. and pleasanton, 92 degrees. accu-weather forecast is 100 inland friday. mid-70s on the coast. temperatures coming down over the weekend. humidity creeping back up just slightly. temperatures remaining in our summer range of 60s to 90s next week. >> right. >> yes. >> thank you. >> coming up next first big test of california's high speed rail system. >> can it handle stresses?? an important test for california high speed rail system. engineers conducted what is call a load test on the piles in place near the fresno river. the purpose to test soil conditions to see how much the soil moves when force applied. it will help engineers design a viaduct >> a bay area start up got a major infusion of cash today, $25 million. and we can see more of them overhead. >> i think you can probably just about fly it into yourself and not hurt yourself too badly. >> it's just one out of the collection. >> this can fly over eight hours, >> this guy has a super hero origin story. >> he isn't surprised it got another round of venture capitol. this time, $5 million. >> i think it's a smart investment. >> the key component is what we call flight coast. >> think of it like processor. with its own operating system. developers can just write apps. >> nobody understood the apps before there was a platform. >> the faa could give a green light to commercial drone use. that, they say would be big. faa doesn't realize how big it's going to be. >> for some inspections this aircraft can take off and grand ver cali. >> it's going to happen. i think it's going to happen initially for applications like delivery. >> mit is testing a way to distribute vaccines using drones powered by air ware. >> an execution gone wrong. ahead on abc7 news. it's hur to add to scrutiny. going to take two hours to put an arizona inmate to death tonight >> a look how a nation is honoring those in the loss of flight 17 >> a bay area man refusing to fall for a seek receipt shopper hey, if you could be any dinosaur, which would you be? t-rex. that's dumb, cuz when you're hungry late at night, your little t-rex arms couldn't stuff your face with - my new chick-n-tater melt munchie meal. it's got crispy chicken, hash browns, and gooey cheese on a buttery croissant. that's french. ok, i get it. so what would you be? a long armed t-rex. jerk. it took nearly two hours for an arizona murderer to die during an arizona. just a short time ago, witnesses and the victim's family talked about what they saw. >> it is very disturbing for us. >> mr. wood was gasping for air about five seconds to 12 second intervals almost two hours. >> everybody, from what i heard said it was excruciating. you don't know what excruciating is. what is excruciating is seeing your dad lying there in a pool of blood, your sister in a pool of blood. >> today's execution came after u.s. supreme court denied several appeals seeking details about the arizona execution methods >> officials in netherlands took charge of investigating who is responsible for shooting down that malaysian airliner and pleaded for unhindered access so they can do their work properly. the first of the victims returned to dutch soil. >> the first of the bodies arrived on wednesday. greeted by the country's prime minister, king, queen, and mourning family members. the country held a moment of silence to honor the 298 killed. 193 with were dutch citizens the war of words continues between russia and ukraine over who is responsible for the ukraine's director of informational security says his country is no doubt who is to blame. >> russian well educated officer pushed that button. >> russia continues to deny direct involvement. instead suggesting a ukrainian fighter jet may be responsible. the white house says -- >> we know ukrainians didn't have those missles near range and haven't used any during this conflict. >> in adding to growing tension, wednesday, two ukrainian military jets were shot down. information shows it pay have originated in russia. criticism of russia from one u.s. lawmaker was swift. >> i want the russian people to feel pain in response to pain they've caused. i want to put sanctions on their economy so they understand what putin is doing is not good for them long term. >> palestinians in gaza says rocket fire killed more civilians today it's been more than two weeks since fighting began. 34 israelis have been killed. people in israel are all living under the threat, or reality of immediate violence. this may stand for everybody. >> because of the growing number of civilian deaths, united nations human rights counsel says it will gate. >> secret shopper scam found a way to victimize those that don't fall for it. >> yes. tonight a new twist on a very old scheme. >> yes. you guys probably remember how secret shopper scam works you receive a check with instructions. you pocket 100s sxdz return the rest the problem is that you find out the check is bad and money is gone out of your account. and you are on the hook. joseph is a victim of the scam and didn't fall for it he never accepted a check, never went to a store, never sent money back. all of this mail, some hateful is coming his way. >> they started in the beginning of june. i get a few, then i was getting 5, 6, and sometimes ten every day. >> he's receiving phone calls. >> 12 people have called to say i got this package. what do you want me to do with it >> and his name is making its way onto the internet. >> my name was start to show up with this. googling my name, people were reporting it to the yahoo and question and there is a web site called rip off report had my name. >> he's been keeping track. return mail and calls alone show a scam worth $100,000. he kept everything and called postal inspectors >> he did all of the right things report it. two, do not respond don't mail stuff back. don't put checks in your account. hang on to them. >> how did he get involved? no one shows but the postal inspector says his local address makes packages look legit. >> we've put a lot of messages saying be on the lookout. if it's a nice local address you think it might be okay. >> so joseph is dealing with this because? he has a legitimate, u.s.-based return address. >> that freaked me out. i don't like the idea of someone associating me with something illegal. an illegal scam. >> if you start receiving strange mail like this, don't ignore it. don't throw it away. and do call postal inspectors. you'll see a link to contact me >> good work. >> thank you. >> up next an 8-month-old baby goes in for a rout [ heart beating ] [ female announcer ] the internet gets more exciting the faster it goes. that's 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 reliae internet, period. 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[ heart beats ] >> sheriff decks have busted a small pairin ring, arresting two men and as police were searching a fourth man showed up with half a pound in his possession. authorities believe he was running drugs from mexico. >> a group of orphaned birds got a fresh start today. about 30 kids with the police activities league released them into the wild. they were released along north richmond shore line. the birds were found as chicks and raised by international bird rescue of fairfield. beautiful. >> a team of doctors performed a rare procedure on a baby while still in the womb. >> today sh he went back to the hospital for a checkup. >> this 8-month-old is curious. he wasn't always healthy. these are pictures following an operation to remove a sift from his lungs. >> in his mother's womb doctors discovered an abnormality. >> the lung is pushed because this big round circle doesn't belong there. >> it is a sift. about the size of a tangerine that wasn't allowing his left lung to grow and it was pushing his heart to the other side. >> i was shocked and dispret. >> now, doctors had to drain the sift while the baby was still in utero. but the doctor had bin trained in another hospital. >> like pushing a water balloon with a small needle then placing a shunt to hold it open. and the balloon, or sift deflated >> after he was born, surgeons were ready to remove the sift and part of the lung. >> that lung bud is still growing and still learning to function normally. >> his parents showed us the size of the scar. . >> i feel i don't have the words to explain how grateful i am. >> doctors will continue to check the left lung. >> you can expect he's going to play soccer just like every other child. >> i used to play soccer. hopefully, he can play soccer. and i think he will. >> howcute. >> yes. adorable. just ahead cancer patients getting a new venue to express themselves. >> channelling fears a ground breaking program to help cancer patients is now expanding to san francisco. abc7 news reports the program helps patients fight back not just with medicine but their own spirit. >> before this is scary. art gives me a chance to understand, identify what i'm feeling. >> for adeka, art is a road map. beginning with a frightening diagnosis of cancer. >> i was diagnosed with uterine cancer >> next, treatments, relapse, remission. and an inner journey that led her to art for recovery program. patients can channel fears and victories on to paper. >> i feel like my faith has been strengthened i'm more confident with myself and who i am. >> cindy runs this program, providing space, and materials instructions and exhibits. she says it's now expanding to ucsf state of the art cancer center under construction at mission bay. she says it includes plans for future exhibitions. works of the human heart. fears of the unknown. >> there is not of places to say do you know what? this stinks or life is unfair. or i have hope. or i'm going to make it through this, somehow. >> you adapt. you learn you just have to change courses. >> this is during treatment. yes. that is why i put risk. >> she faces a nerve-racking road of scans and checkups. >> i was writing my name and on the other side, accept. i noticed an imprint combining both word accept and my name. i had cancer and i may have cancer again. i'm going to be okay. >> the new hospital complex including art center is scheduled to be completed in about six months >> heat is on. humidity is still lingering. we're going to feel the heat into next couple days. heat tomorrow, triple digits. 99 in fresno. so petty hot weather, los angeles, 93 degrees here in the bay area, 75 san francisco tomorrow. a big warm up and 88 in san jose. if going to a's game, it's a day game tomorrow afternoon. mid to upper 70s and nice weather to enjoy the game. accu-weather forecast, temperatures peaking on friday. and then, we'll go with low 70s to mid to upper nine #s for the weekend with high clouds. subtropical again. thank you. >> time to turn our attention to sports. >> we're talking football? >> yes. >> 90s good football weather. >> yes. >> with blanket and humidity, it's fantastic. >> vernon davis, reaction to his arrivals and diner that did not show up. show up. sports i can't say thank you enough. show up. sports i you have made my life special by being a apart of it. (everyone) cheers! glad you made it buddy. thanks for inviting me. thanks again my friends. for everything, for all your help. through all life's milestones, our trusted advisors are with you every step of the way. congratulations! thanks for helping me plan for my retirement. you should come celebrate with us. i'd be honored. plan for your goals with advisors you know and trust. so you can celebrate today and feel confident about tomorrow. chase. so you can. >> good evening, with no real leverage in facing a fine, vernon davis did report to training camp today. the reunion, if he wants a new contract he'll have to wait on that. collin cappernick is happy to see davis in camp. >> it's great to have him on the field looks good. he's not the type of person going to walk out. he's done a lot for the organization. and made a lot of great plays for us. >> so davis reported and wants a new deal but two years left on the contract. we'll see who blinks first on the hold out. prank gore, some wondering if this will be his final year. he is the all-time leading rusher but had a lot of guys gunning for his job. he does not feel like he's done. he said he has no intention of losing a job. >> i've been competing, ever since i left high school. one day, they're going to have to get this role. when i'm here it's going to go. >> last year was bad for college football team just 1 and 11. today, pack 12 media day, stressing this year would be different. he says bears are determined to get this turned around. >> if you carry that with you, as a result of you have to credit our players they fought hard. and when the season is over, they showed up and started building for the future. >> a lot of uncertainty surrounding san jose state department. who is going to replace david bales? ranking 24th in the nation last year, 103, defense coordinator and i can't think of a better guy. our defense has seen veteran leaders at that position. and greg has that. >> in a 14-inning game, geents and phillys may be in for another evening of raining. hunter pens performing cpr, i believe he will live. rain, lightning? hello. a 59 minute delay. >> live doppler 7 hd what is souring again. no score in the sixth. and wait for it. you're going to see that. now. i think, well, okay. etc. a big build up. raffle micah took the stage. abc 7 sports, weather brought to you by orchard supply, hardware the forecast is worth it to keep raining in philly. >> join me tonight, diversity problems for a big tech company. why one civil rights leader is calling numbers pathetic. >> then, fat shaming on facebook in northern california strong words one victim has. >> that is it for us for now. our coverage continues on twitter. twitter. >> from thank you. hey. hey. wow. hot dog times, huh? i only eat them on special occasions. what's the special occasion? i decided to eat one. fair enough. you going this way? uh, no. i'm going in here, actually. i'll see you later. okay. 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