thrilled about and his mother wasn't thrilled about. he is living with his parents in ohio. and arriving at the green county sheriff's office today with his mother and a lot of reporters and cameras there. they handed him some forms to fill out. he must now register as a sex offender for life and faces three years of supervised probation. he left california four days ago after serving half his six month sentence for sexually assaulting an unconscious woman and at that leeb yent sentence sparked a national outcry. we did get a closer look at the forms he had to fill out. a questionnaire and including questions like what did they say you did. he wrote sexual assault. he said yes to a question about whether alcohol was involved and no to a question about whether drugs were involved. he was asked about any past convictions and including other sex crimes like stalking, indecent exposure. he said there had been none. now, he has to update his status every 90 days. grant and vicki. they say this man attackeded to women. david lee russell was arrested and it is in connection with two violent attacks in the past week. first happened on and hamilton avenue. the next attack. that happened two days later on hillsdale avenue. he was booked into the share county jail on multiple charges of assault and kidnapping. now former san francisco 49er tight end bruce miller is facing this after police say he roughed up a 70-year-old man and his 29-year-old son yesterday at a fisherman wharf's hotel. >> he talked to police and explained what led to the charges. >> reporter: hours before taking this mugshot. witnesses saw blood pouring from the gash object bruce miller's forehead after they say he battered a 70-year-old man and 29-year-old son at the fisherman's whask marriott hotel. they are visiting from illinois. he stands 6'2" inches. and dwrarving his victims which carlos man freddy said led to enhancing the criminal charges. in additioning to making threats, aggravated assault is elder abuse. >> given the age and the age of the suspect, there is a huge age gap and the severity of the injuries as well that the victim suffered. >> reporter: the 70-year-old man was hospitalized with a facial fracture and his son's injuries are less severe. surveillance video at the travel lodge across from the marriott shows a disoriented miller leaning on a wall and throwing up before police officers arrived to take him into custody. this is after miller said he knocked on the hotel room early monday morning mistaking their room for his. witnesses say he was intoxicated at the time. >> the son, the second party to the victim came out advised him, you got the wrong place. and an altercation ensued which led to a physical confrontation and that's when the father, the 70-year-old, male victim stepped in to intervene and was also assaulted. >> reporter: he has since posted bail. the case is yet to be presented to the district attorney's office. in san francisco, kron 4 news. hurricane newton has made landfall on the baja peninsula. satellite image gives you an idea of the power of the storm. nut ton has cause -- newtton has -- newton has caused cancellation and tourists are hunkering down in hotel rooms. officials are telling residents to stay home with their families if they don't have to go out. you see, it is not good there, they are bracing for more heavy rain and flooding. and the storm next expected to arrive and flooding resist a concern there. brittany shipp has more. this is before heading into arizona. we watched this system overnight last night and here is a 12 hour loop, it moved right over cabo san lucas and this is a closer look at the track. it is still category 1. and it is 75 miles an hour and going to tip to make a second fand fall and going to happen late tonight. they will be sustained at 75 miles an hour and it will continue on heading into arizona. looks like tucson could see a direct hit from the hurricane. now, we added a little bit of the rainfall and it shows a lot of the rainfall just outside of phoenix and mainly to the east of phoenix. it is really tucson and east of arizona that is going to be a concern. phoenix will be feeling with wind speeds and most of arizona dealing with the really strong wind speeds and a lot of rainfall between one to 3 inches of rain expected as we go into tomorrow morning. we will have more details. that is coming up in another 10 minutes. >> brit, tropical cyclone hermione is -- hermine is making her presence well known. >> the winds from the storm are causing dangerous waves and rip currents and warning that hermine could impact new jersey to southern napped. they are being told to beware of coastal flooding and beach erosion. east bay community is in mourning tonight after two high school students died during the weekend in a car crash. >> another student remains in the hospital. and we have the report. school officials say the victims were so well known and loved and the tragedy is having a deep impact on so many people. >> at logan high school, a somber mood. >> the school is in mourninging. the district is in mourning. >> three young men have family members and all across the district. >> it is sunday morning. he is known as junior. and they were in the car crash. >> mease was a senior and the driver died at the scene. junior was taken to the hospital. >> we could all wake up from the bad dream. >> this is the sister. danielle. >> i can't believe it. >> hope he is going to wake up and come back home. >> he was in the 11th grade at the school of independent studies. >> now, they are just trying to deal with his death. >> friends gathered to write messages. inside school, counselors were on hand to help out. >> we have a number of counselors. psychologists. social workers and other mental health folks that is are available for anyone who needs it. >> they were on the way to get some food. the collision occurred with the pick up. three passengers were in the truck and taken to the hospital foretreatment. >> right now, there is no word on any funeral arrangements for the teens. san francisco police are looking for help in identifying a man caught on camera breaking into a car. they posted this footage to the social media accounts hoping the public can help identify the man. here he is on april 6th. and the suspect made off with a bag that was inside the suv and now they are hoping someone will come forward with information to lead to an arrest. >> you can call the anonymous tip line or go to the website. a home invasion robbery in a quiet east bay city. they are asking are it the public's help in tracking down those suspects. >> the family had arrived home and they were forced inside at gunpoint. > >> reporter: you arrive home with your three children. parked in your driveway. get out of the car and walk into the garage and that's when it happens. >> she was followed inside the residence by four male suspects. two of which were armed with guns. >> home invasion happened sunday before 9:00 p.m. in had dublin's positano neighborhood. >> our children were held downstairs and watched whale the house was ransacked. >> the home invasion appears to be a random act. >> there is no inside caitionz that she was followed. what we believe from other media surveillance. the vehicle was circling inside the neighborhood before the crime occurred. >> the four suspects were all wearing masks. however, you are looking at a key piece of evidence here. surveillance video of the suspect vehicle leaving the scene followed by a neighbor who witnesses the car driving away. >> we believe the vehicle is a white sedan which is believed to be an ininiti. 36. and we are working on the possible year. we believe it is a '08. the home invasion lasted 40 minutes. no one was injured. they got away with cash and several high end handbags. this is dublin's first home invasion of 2016. >> it is unusual and the cases are sporadic. >> they are trying to locate the neighbor's seen in the video. >> a possible witness. if you think you recognize the suspect vehicle, dublin police would like to hear from you. >> this is kron 4 news. a woman falls true a skylight during a hip-hop music festival. how she is doing today and how officials say it happened in the first place. >> plus they plow into a box train in southern california. >> we will have more on the injuries. they have more than 500 homicides. why that city is having problems and compare those numbers with rates right here in the bay area. >> ♪ ♪ isaac hou has mastered gravity defying moves to amaze his audience. great show. here you go. now he's added a new routine. making depositing a check seem so effortless. easy to use chase technology, for whatever you're trying to master. isaac, are you ready? yeah. chase. so you can. . a woman fell 20 feet through the roof. >> this happened during a concert in downtown oakland. >> >> reporter: their main concern is a woman injured: this is put on twitter showing dozens of people climbing on top of the roof of a building to watch a concert in oakland. >> were people supposed to be on the building. >> absolutely not. >> a 22-year-old. >> and the security company, they had people to step down and not be there. >> reporter: tenants inside the building say where all the concert goers are standing is under renovation. we did try to talk to the owner of the building. but he had no comment. the woman was taken to the hospital and we are told she was conscious and talking while being treated by emergency medical technicians. >> we want at that speedy recovery for her. >> kron 4 news. >> san francisco police seize dozens of firearms and machine guns and arrest one guy after they heard gunshots. >> now he is facing gun related charges. they seized 57 guns from his home near laguna and green streets and the in the neighborhood. usually a very quiet area. >> they called 911 saying dane was having a meltdown. he ran from the home and they heard a gunshot inside. officers set up a perimeter and detained the man without incident. 21 people hospitalized after a truck col collides with a commuter train in los angeles. this is in the morning. a witness said the truck tried to cross the tracks just as the metro link trien was approaching. they think the train clipped the back of the truck. none of the injuries are life-threatening and it is still unclear if anyone is going to face charges. >> 2016 is the deadliest year in chicago in two decades. >> it is five to 10 murders. and they topped 500 homicides for the year and put things in perspective here. >> there have been four homicides in oakland. and 35 in san jose which is more than that city had all of last year and there is 35 homicide in san francisco so far this year. from our partners at cnn, ryan young reports on a crime crisis in the windy city. >> think about it every day what they did to my son. >> reporter: it has been a bloody year in chicago. she is one of hundreds of mothers in pain. galloway lost her 16-year-old son aisle lee georgia sims -- eelijah sims. >> i don't want anyone to feel the feeling i am feeling. it is not a good feeling. and it is hard for me. every day. i can't sleep. i can't eat. >> i can't do nothing but think about my baby when i last sunnyvale him monday morning. >> residents feel like they are living in a war zone. the numbers are astronomical. more than 20 people have been shot this year. 90 people were killed in the month of august. >> now, there is an added anger because the despair of the younger generation just ain't enough. >> there is an anger. >> despair. hopelessness and unfortunately, we take it out a lot on people closest to us and the anger takes out in the community. >> according to the chicago police department. >> they were murdered through september 1st. more people are being killed in chicago than in la and new york city combined. >> gun issues have been a an issue in the state of illinois. i talked bd it from the day i got here. you need to go to jail if you are in possession of an illegal firearm. yet in the state of illinois, possession of an illegal firearm is not even considered a violent crime for sentencing purposes. >> they want help. anger is growing about a perceived lack of investment from the city hall and police department. former top cop believes massive change is needed. >> the chicago police department right now is in turmoil. it has been in turmoil for the last nine months. >> for those on the front line, they say the problem is easy to diagnose and so far no one has found a cure to stem the tide of violence. itt shutting down all of its comp pauses nationwide. the for profit company announced today. it is ending academic operations which means over 130 campuses across 38 states are going to shut their doors. there are two campuses in the bay area. in concord and oakland. itt said it was forced to close after the u.s. department of education issued sanctions and included a ban on enrolling new students and using federal financial aid and the closure is set to affect thuns of thousands of students. those who received federal aid are able to have student loans forgiven. >> it is a beautiful three day holiday weekend. we are back in the thick of it. >> this is embarcadero in san francisco. meteorologist is here. >> things will warm up. it is close to the coast and vicki, you like to go inland. >> 97. >> you have to bring water. >> we will stay by the coast, grant and i. >> lots of sunshine for us. we will continue to see clear conditions as we go into the rest of tonight. >> coastal look at the weather story and shows us a bill warm up and clear skies again. >> not a whole lot expected and there is the big ridge of high pressure which will stay in control. >> it is 23 miles an hour. and 14 in napa. and 15 in livermore and 15 in mount view and in san jose. though showed us that we are up 10 degrees in santa rosa and 5-degrees in novato. and six in san francisco and six in fairfield and up 9 degrees in napa. >> right now. temperatures at 22 degreeses and fairfield 91. 91 degrees. and 85 in san jose. 68 currently in san francisco. showing us that as we go into tonight, 87 degrees. we will see temperatures dropping into the low 80s and push into the 7:00 hour. >> 72 degrees with clear skies inland. and low 70s. right around the bay and 64 by 9:00 and close to the coast. we will ntsz temperatures tomorrow. >> take a look. >> 97 in antioch and livermore. and 88 in vallejo. and 77, the high tomorrow in san francisco. and 68 in half moon bay and 91 in sarpt. and 93 at novato. we have a big time warming trend. we are tracking cooler weather already. we will have that coming up in the seven-day forecast. bill cosby appearing in court as they try to get key evidence thrown out. the actor drugged and assaulted this woman at her home in 2004. >> the attorneys resist trying to block the release of a phone call between cosby and the victim's mother. the actor describes the sexual encounter in the phone call. cosby mountains that it was consensual and is going to be headed to trial for three counts of felony. aggravated indecent assault and that trial is set to start sometime next year. president obama is wrapping up the final tour of asia. we will highlight the challenges particularly for the president of the philippines. >> gun sales skyrocketing and the reason they are giving for the spike in demand. . president obama meeting with resistance with his asian tour. >> parts of the trip including the dust ups and harsh words philippines. >> we have more. > >> reporter: president roberto slam being president obama after white house officials previously said he would confront the president about the handling of drug dealers. including a wave of extra judicial killings. >> i don't have anything with the filipino people. >> you must be respectful. >> reporter: he used profanity saying he would swear at obama if they met. >> i have seen some of the colorful statements in the past. and so clearly he is as colorful guy. >> they canceled his meeting with him. and he is attending a meeting with asian leaders. >> he said he regrets the comments came across as a personal attack. >> that is world leaders during the final asian tour and awkward moment was vladimir putin. >> he is less colorful. typically, the tone is blunt, business-like and this one was no different. >> obama addressing the failure of the two nations to come to a deal with syria. >> given the gaps of trust that exist. that is a tough negotiation. we are not there reed. new polls have the candidate it is tied in the race for the white house. >> we will see why hillary clinton does not need to worry despite the race tightening in recent polling. recreational marijuana on the california ballot. >> they are weighing in on prop 64. woah! you're not taking these. hey, hey, hey! you're not taking those. woah, woah! you're not taking that. come with me. you're not taking that. you're not taking that. you're not taking that. mom, i'm taking the subaru. don't be late. even when we're not there to keep them safe, our subaru outback will be. (vo) love. it's what makes a subaru, a subaru. brittney. this is kron 4 news. election day is exactly nine weeks from today. in california, voters will have to make a lot of decisions. yes, 17 statewide propositions on the ballot come november. one of the more controversial measures would make marin legal for recreation use. we sat down with the person for the pro pot campaign. >> they made marin legal for medicinal purposes 20 year assist ago. now we are asking to make it legal state wide over the age of 21. those behind the measure said its passage wouldn't turnpike it into a big 420 festival. if it is law, they could smoke in a private home or licensed businesses. they would have to be 600 feet away from a school or day care center. it would be legal to possess 1 ounce and grow up to six plants. california stands to gain a whole lot of tax dollars if prop 64 passes. probably a billion dollars. the yes on the 64 side said by making it legal, the state would save money. >> tens of millions of dollars in arrests, prosecution and incarceration around simple nonviolent marin only crimes in the -- marijuana crimes in the state of california. yes, there should be clear rules and regulations. there should be control and taxation. so that we can off set the burdens of a billion dollar industry. >> those who are asking californians to vote no on 64 including dianne feinstein and the highway patrolmen. one of their concerns and driving under the influence. and they point to a triple a study that found deaths in washington state has doubled. the yes on 64 side 20% of the money raised by the state would be earmarked for law enforcement grant. some of which would fund training and research to help crack down on impaired driving. >> . cnn came out with a big poll. it is a poll that trump is winning. good psychology. >> donald trump celebrating a poll showing him with a razor thin lead over hillary clinton. now, this is the traditional start of the home stretch and the race for the white house. >> ago gore proved 16 years ago, winning the popular vote is not the same as winning the election. why trump face as uphill battle. you have to win the swing states. >> it is a very interesting couple of months. we will look at the cnn poll first. >> four #% for clip ton and 45% for trump of and that is in the margin of error much they are in a dead heat. >> clinthon is not how many people support her and where they -- but where they live. clinton began her day in florida. they put george w. bush over the top in the road to the white house. >> this is what trump will have to win in november. clinton is ahead or leading in states that would give her 244 of the 270 electoral college votes needed to win. they include new york, new jersey, illinois and california. all of them with large urban populations. donald trump is ahead only leading in less populous states with rural voters and fewer electoral votes. he will have to win all the remaining states up for grabs. battle ground states where they will be spending the most time is wisconsin, michigan, ohio. north carolina and florida. but the washington post survey also found three traditional red states are now turning blue. the candidates are tied in arizona. georgia and the biggest surprise of all. texas. clinton actually has a slight edge in the state that president obama lost by 16-points four years ago. what could reset the numbers. coming up next. the two will hold fair their first presidential debate. >> i am looking forward to debating donald trump. >> i look forward to the debate. oh, do i look forward to it. >> the first debate. monday, september 26th. >> lester holt will be the moderator. expect to break all attendance record for a presidential idea bait. back to you, guys. >> interesting. guns are selling at unprecedented levels. >> they have hit an all time high this year. background checks don't necessarily correlate directly to gun sales but they are an important indicator since there are no figures for gun sales. >> mass shootings are helping drive gun sales and gun buyers. around they are worried that every mass shooting will have restrictive gun control laws. >> another gorgeous day. >> this is a live look from the tower camera. >> brittney shipp is here. and we have a lot of red throughout the set and red on the map. a lot of 90s. >> a lot of red on the map. it is a one day warm up and we will slowly cool down. we are in the middle of a warming trend and the peak will be tomorrow. closer look at the time lapse video from the cam and that just shows a core gus sea of all the boats there on the water and make out the golden gate bridge. we don't have a lot of fog and don't have a strong onshore flow. that is the trend as we go into tomorrow. it will shift and go into the end of the week. it will stay in control. not a lot of cloudiness on the radar shot. clear conditions expected as we go into the rest of tonight. we will see a few clouds filling in along the coast and near the coast near the north bay area. and stretching down to the south bay and tomorrow morning. we will see another round of sunshine and warm temperatures will kick in. >> we will notice the return onto the flow and notice the clouds coming back. they go into thursday evening and the temperatures will keep tracking. >> for tomorrow morning, it shows clear conditions with the exception of napa. and visesibility down to two -- visibility down to 2 miles. right now. forecast shows 68-degree answer 86 in novato. temperatures at nine in santa rosa and over to the north bay zone and 91 in concord and east bay. > this is sexual harassment lawsuit. >> just how many sources close to the case say she will get. >> what sparked an argument in tennessee that ended with a buy bulldozing part of his neighbor's house. honey it's not swiping. come on i need it to swipe. i know i need to swipe something. get high speed internet from at&t. keep calm, your internet's on. p?p?o?gv sweetie, what are you doing? oh, i have no idea what games are streaming right now. so i thought i would just root for everyone. get high speed internet from at&t. keep calm, your internet's on. carlson. tonight. we have the fox settlement lawsuit. >> what we are learning tonight. >> we are talking about major money. fox news reached a $20 million settlement deal with gretchen carlson and she is the anchor woman who sued fox news and roger ailes for sexual harassment and retaliation. >> we sincerely regret and apologize for the fact that gretchen carlson chen was not treated with respect that she and all our colleagues deserve. >> they denied the charges and fox did launch an investigation in july and he resigned after other women began making similar allegations. while he is no longer at fox. he is an unofficial advisor to donald trump. not clear whether the settlement might affect that arrangement. >> grant and vicki. they had to recall 2.6 million small cars to replace the defective switches. those that are linked to more than 100 deaths and 275 injuries. gm admitted they knew about the defect before recalling the vehicles which brought on several lawsuits. the two recently settled and claimed the injuries were a result the faulty ignition switches. gm faces more than 100 lawsuits with similar claims. up next. the nfl season set to kickoff. and we are going to hear from the oakland raiders as they prepare for the first game with the saints. >> . >> checking in. and warming trend. >> going to tomorrow. and we will be short-lived. >> we will go over the details in the seven-day forecast after the break. . former stamford swimmer arrested for assault. what we are working on at six. >> very busy. we will focus on brock turner. he is now back home in the town. in ohio there. today, he showed up to register as a sex offender. >> at 6:00. we show you the forms he had to fill out and what he will be required to do on a regular basis. >> plus, there was a big change today for the judge who gave him the sentence. many record regarded that as too lean yebt. led to worldwide outrage. tell you what the judge is now doing. >> all of that and more at the top at six. they will drive a bulldozer through his neighbor's house. it all started with reports of gunshots. he told authorities he started shooting at civil people and camouflage suits and hiding in the back woods behind his home. >> they searched the area and didn't find anybody. he was arrested for reckless endangerment. and his neighbor knock the down his home with a bulldozer. >> john hidw gins' brother is -- higgins' brother is outraged. he started punishing the house down. >> i never see anybody do that. bts and i want him to pay for the damages, what he done. >> that neighbor is charged with felony vandalism and trespassing and even more charges could be filed. >> special time of year is finally here. >> they kick off thursday night with a super bowl rematch between the broncos and the panthers. >> if you talk to fans. the season becomes this coming sunday when the raiders opened up the highly 2016 campaign. dare we say playoffs. we caught up with the fellows in alameda. >> they haven't had a winning season since 2002 and this year, they are the champion of off season expectations and claimed the title of most likely to succeed and after a full training camp and four preseason games. silver and black is finally ready to play a game that counts. >> you know that. the details are so much more precise on what you are looking for and you have a concise accepts on who we need to study and what the game plan is. >> preseason. it is the energy. and okay. let's get them out and we are excited. but now, you see it. and they are locked in. >> even an undrafted rookie like rashad is enough to realize the training wheel resist off and win resist k7m$ group of acquisitions assist why the team is expected to ends the franchise's 13 year drought. >> they made sure to deflect any outside praise. >> this is really big on saying talk is cheap. >> there is a lot of talk and speculation on what we should be able to do. at the end of the day we have to go out and perform. so, he dialed that down to make sure we are on the job at hand. >> the current job at hand requires intense attention. >> they open the season in new orleans against one of the league's greats. >> drew brees is drew brees. and he knows sometimes the defense is better than the defense. and so. you know, we have to give them different looks and try to abuse them a little bit and capitalize on some things. it is set for 10:00 a.m. the home opener is next week against the falcons. we will go outside and take a look at the sfo cam. you would hardly know it is sfo and it is clear as day. >> clear as day and warm and even warmer as we go into tomorrow. so. i think everyone need to start making plans. >> 70 in the city. >> you know it is september. >> there is a live look right now. >> outside of the golden gate bridge. and closer look at what we can expect. >> clear skies and it is the warmest day of the week. we get into the end of the week and we will start to cool things down. closer to average. we will go well above average. we are at 91. and livermore and concord. 76 in oakland. and we are in 70 today and # 3 degrees right now. 86 in novato. and 82 in petaluma and 89 in santa rosa and the satellite radar showing us why we are still warm. we have an area of high pressure over the region. any type of rain and any clouds staying well to the north of us and any activity well off to the east and especially to the south east. we are tracking hurricane. and it are push into arizona and in terms of our weather, we will continue to see beautiful conditions. clear skies tonight. that clears up quickly all the way to the coast and warmer temperatures are going above average and 9:00 a.m. and mid 60s for the bay. >> and sunny skies for the coast and 76 with the bay and quickly warming into the 90s tomorrow and it is a very warm lunch hour and make your lunch plans tomorrow. >> by 3:00. mostly sunny skies and know the inland locations back to the 90s. 97 degrees in concord. antioch and livermore. >> mountain view. 88 degrees. in san jose 75. and half moon bay 77 and san francisco, and 93 in novato and stay hydrated with the temperatures pushing into the 90s. we go into wednesday. big warm up for inland locations. it is short-lived and we back down 10 degrees. thursday and friday. closer to the bay. we are next to 80 degrees. >> it is 70 by thursday and friday. >> dropping close down to 70 degrees. >> it shows a warming trend for the coast. it is mid-70s for us and that is quite a treat. and we will see temperatures in the 60s as we go to the end of the week and heading into the weekend. >> now, to talk about summer. >> i wish. >> it would go around a little longer and we are dropping back down. >> big weather week and wear white. >> all right. >> why not. >> i will do it. >> it has been more than a decade since one international research group conducted their study on the link between oabs and can ddobesity and cancer. >> -- on obesity and cancer. we have the new findings. >> reporter: there are countless studies done over the years to try to link what we do and eat and drink to cancer. the latest study from the international study on cancer reaffirms it is linked to numerous types of cancers. the first study on obesity was conducted back in 2002. people with excess body fat were at a higher risk for colon cancer, kidney and post menopausal breast cancer. >> this only adds to the list. liver. pancreas. thyroid cancers justs to name a few. >> lead author of the study say the link lies in excess body fat triggering coni can inflammation which can lead to cancer. the program for the cancer research said two simple things can help reduce cancer risks. >> eating healthier and exercising. warm in the bay area and summer is officially over. is it time to put away all the white clothes. >> no. >> what the stars in hollywood have to say about wearing white. that is coming up next. . it is team to end the long-standing style debate. wearing white after labor day. yes or no. >> the insiders ce eltie knight has the answer. >> hey guys, to me it is an overwhelming yes. don't take my word for it. the stars are also on board. dos and don'ts in the insider style guide. >> who should wear white. >> i say yes. anything goes. >> white after labor day. yes or no. >> i am a big one. i am putting on the white dress. >> hollywood's fashionistas have spoken and they are slamming that tradition. >> have you heard of winter white. >> yes. >> this year's oscar was white hot and stars like j lo and kate hudson rocked the look all year long. >> you are tan. and white pops it and gives you the extra pop you need sometimes. >> this is the right way to do it. >> they do. find if you have pieces, it is like a blazer or white denim. it still works and you can make it work for any piece. >> no white rule dates back to preworld war ii high society. who would wear it only in the summer. even the queen has reformed to wear white in the fall. >> experts from the institute say it is more than color. >> what is appropriate for the weather, the season or the occasion. >> it is about ways to find it incorporate it no matter what season you are in. >> we will have more in the story for the insider. i am kelsey knight. >> back to you. >> my caveat, you don't want to spill a double espresso on white. >> it never comes out. >> if the queen does it, you can do it. >> if it is cold in the east. out here, now, it is the sum certificate after labor day. >> okay. style tips from grant. >> that wraps up the news at five. >> for now, we send it to pam moore and steve. >> thank you so much. >> more news coming up at six. a day after bruce miller's arrest. the fallout continues for the new former 49er. and at six, they discuss the circumstances that led to the charges. over in the east bay, police are searching for the person who gunned down a pregnant teenager in front of her home. kron 4 news at six is straight ahead. honey, is the internet back yet? yes!! i need to let her know that i like this! i like, like, like, like... i haven't seen a movie based on a comic book in so long. i know. we're over here internet people! get high speed internet from at&t. with over 99% reliability. at an everyday price with no extra monthly fees. keep calm, you internet's on. this is the bay area's news station . kron4 news at 6:00 p.m. starts now. there is an arrest of bruce miller. elder abuse is among the charges after they say that miller beat up a 70-year-old man and his 29- year-old son yesterday morning at a fisherman swarf hotel. >> today police explained what led to the charges. >> reporter: bruce miller maybe out of jail after posting bail monday but he is still in trouble. surveillance video from the travelodge hotel across from the fisherman swarf marriott hotel shows him leaning on a wall and throwing up before officers arrived. his victims, a 70-year-old man and his 29-year-old son, were visiting from illinois. >> [ indiscernible -- low volume ]>> reporter: monday morning, san francisco police say miller tried entering the victims hotel room at the marriott. when the son tried to redirect miller they say that two got into a fight. the seven-year- old jumped in and he was also assaulted, suffering a facial fracture. miller is charged with making threats, aggravated assault, battery and elder abuse considering the gap in age between miller and the 70-year- old man. they say it miller appeared to be intoxicated at the time. >> a crime is a crime. at the end of the day, everyone has to be held accountable. >> reporter: originally a full black -- fullback he was supposed to play tight end for the 49ers but that will no longer happen. he has since been released. the other big story we are following this evening is brock turner who has originally -- registered in a ohio as a >> fender today. -- as a sex offender today. >> reporter: we do have surveillance video showing turner's mother who was trying to use her shirt to shield her son from cameras. this is when he showed up at the greene county sheriff's office in ohio. he returned to ohio four days ago after serving half of his six month sentence. that lenient sentence has led to protest and a new california bill that toughens penalties for attacks on unconscious victims. turner was filling out forms and he will have to update his status as a sex offender every 90 days. and neighbors will get a postcard informing him that a sex offender does live nearby. he answered sexual assault as to what he did on the paperwork. he answered yes when asked if he or the victim had been drinking. turner claimed that the woman had consented to the sex. he will now have to register as a sex offender for the rest of his life. the judge at the center of the brock turner today started a new assignment today listening to civil cases in san jose today. he requested the change a couple of weeks ago that he be taken off criminal cases. he has come under a lot of fire for sentencing brock turner to six months in jail. there is an effort to recall him and he is trying to fight that off. the county court says they believe the change will reduce some of the distractions at the turner case has created. an update on a story we told you about yesterday on kron4 news at 6:00 p.m.. police say they have arrested the >> fender suspected in two attempted kidnappings. was arrested this morning following several tips from the community. he is now in the county jail. they say twice within the past week he tried to kidnap young females. in both instances, the young women did get away. a pregnant woman was gunned down in the street monday night and she was died. police say ilaysia mccoy died in the hospital after shooting . >> the baby did not make it either. what do we know about her, spencer? >> reporter: she was only 18 years old. according to a gofundme page that has been set up by her sister, ilaysia mccoy was seven months pregnant. take a look at some of these pictures from the gofundme page. friends and family of ilaysia mccoy were five days away from throwing her a baby shower. they say she was at the wrong place at the wrong time. there is an ongoing investigation. >> this situation should not have happened. someone is shot and killed . it is very tragic but when there is a pregnant woman and a baby, it is very tragic as well. >> reporter: here is what the commander could tell us. police responded to 911 calls on 17th street last night and they found ilaysia mccoy lying in the street with a gunshot wound. that is not an area known for violent crime. police cannot give us anymore details about weather shot -- whether the shot came from a car, a house or the street. they cannot give out information about a suspect. but police do say they do have a lot of valuable leads and they are moving in the direction of an arrest. the go funding page -- gofundme page has raised $400. spencer blake for kron4 news. a community continues to mourn tonight after two high school students died this weekend when a car they were in collided with another. one more student remains in the hospital. they were all friends and played football together over the years. students gathered today to write notes. the investigation continues. the boys were in a white honda civic and the driver swerved in front of a pickup truck. today counselors were brought in. >> these kids have family members and relations all across the district. specifically at logan, we have staff, principal , and other support folks are following schedules. one student remains in the hospital. they are being therefore those kids and working with the teachers. we have a number of counselors and social workers and mental hair -- mental caregivers available for anybody who needs help. >> reporter: on behalf of the family a sister says her brother was the backbone of the family and youngest of six children. she says her parents are tuesday grief stricken to talk about a funeral. officers found this man anthony patterson, trying to grab a purse of a woman in the downtown area. they did find him hiding in the dumpster. he now faces charges of attempted robbery and resisting arrest. the woman was not her. new tonight a kron4 news at 6:00 p.m., the oakland fire department is finishing up with a small brush fire along highway 13 that started at 3:00 this afternoon . it is always a frightening sight in the oakland hills because of the 1991 firestorm and those memories. >> it did put up a significant amount of smoke. that didn't make the neighbors a little bit nervous. the fire department put this one out quickly and captain small. >> firefighters were able to keep the burning brush took one quarter of an acre. to date was another picture- perfect day. tomorrow maybe the same, except a little warmer. brittney shipp has a closer look of the wind speeds in oakland for us. >> reporter: wind speeds are staying around 13 miles per hour in oakland right now. we will continue to see breezy wind speeds tonight. windy if you are closer to san francisco. wind speeds at 13 miles per hour in half moon bay. mostly sunny skies remain tonight. warmer temperatures in store. beautiful conditions. a few thin clouds moving in along the coast tonight. another round of sunshine tomorrow. it will be even warmer tomorrow then today. 91 in fairfield, 88 in livermore, 73 in hayward, 72 in oakland, mid-60s currently in san francisco. the highs around the region tomorrow, take a look at any act -- antioch and concorde and livermore at 78. 91 in santa rosa. temperatures in san francisco at 77 degrees. half moon bay and in the mid-70s -- half moon bay in the mid-70s as well. these warmer temperatures will not stick around. i will have more details on that coming up in my forecast. police have arrested a 17- year-old boy suspected of making threatening comments which may result in a possible hate crime. the suspects name has not been released so far but we know he is the sole suspect responsible for sending threats to eight particular group of students. in it was an indication of a threat that might occur today at fremont high school . police did track down that student and arrest him but there is no reported threat to students and staff at this time. the man who shot and killed ate tsa agent at los angeles international airport pleaded guilty. he will spend the rest of his life in prison. the suspect avoided the death penalty. he went to the airport in november, 2013, in order to kill tsa officers. he killed an officer at a checkpoint and then shot and wounded several others. prosecutors say he left a note saying he wasn't "pissed off patriot" and that tsa members treated all people like terrace.>> -- like terrace -- terrorists. >> itt is closing hundreds of its campuses after getting sink was -- sanctioned. the u.s. department of education says itt has not been in compliance with the creditor and at least twice this year were caught. the college accused the federal government about a forced shutdown. critics say for -profit schools like itt prey on students who rely on loans to attend. a brazen crime in the area. a suspect who terrorized a family. more on that coming up. californians are going to vote whether or not to legalize marijuana. more on that coming up after the break. u ♪ ♪ you live life your way. we can help you retire your way, too. financial guidance while you're mastering life. from chase. so you can. a mother and her children are held at gunpoint in a robbery at dublin. this leave some questioning the safety of their neighborhood. >> reporter: police say they only have a limited description on the suspects. this vehicle was caught on camera leaving the scene of a home invasion robbery sunday night in dublin. >> there were kids and a mother involved. it is pretty scary. >> their faces were concealed with masks and their hands were covered. a female resident drove into her driving with her children. she went into the resident and was followed inside by the four suspects. the family was held downstairs and watched by one of the suspects while the house was ransacked. >> we ?,; there has been a lot of crime in the area. there have been car thefts, package thefts and now a home invasion. >> we will be now more on guard. i know i have driven past my house wondering if someone is following me because i don't recognize the car. >> what we know is that the vehicle was inside the neighborhood for at least a half-hour before the crime occurred. the vehicle is believed to be a white, sedan infinity fx. . we are working on the possible year but we do believe it is a 2008. >> the home invasion victims were not injured. dublin police say are -- they are increasing patrols in the area and checking with other law enforcement agencies. >> we are trying to connect this crime with others that have occurred in the area in the past few weeks. police are looking for a man caught breaking a window and rob bring a car in san francisco. the burglary was caught on security camera in the neighborhood . it happened back on august 6. you can see the suspect walking through the neighborhood. he turns around, returns to the vehicle, and breaks a window. he took a backpack from inside. anyone who can recognize the man or provide information is asked to contact the san francisco police. one of the how to state issues on the november ballot, the legalization of recreational marijuana. if passed proposition 64 would make it legal for people to smoke pot if they are over the age of 21. >> california was the first state in the nation to legalize medical marijuana. but we're not the first to make weed legal for adults if it passes. we talk about lessons learned from other states. >> reporter: colorado, oregon, and washington state have already made it legal for adults to smoke pot. if it does pass in california, people 21 and over could to go up in their homes or a licensed retail store. they can also grow up to six plans inside their homes. those who crafted this lot said they look to other states to learn from past mistakes. >> our measure bands eligibles that are made to look exactly like candy or other foods attractive to children. this is something we learn from colorado who saw a spike in accidental overdoses from edibles with children. >> reporter: that means marijuana-infused gummy bears or gummy worms will not be sold in california. and edible products will have strict warning labels and childproof packages. u.s. senators dianne feinstein is urging those two vote and say no. the rate in washington state of dui marijuana fatalities has doubled. the -- california is expected to rake in tax dollars and that will go to grants to crack down on impaired driving. the campaign is just getting underway. we will be hearing lots more on these measures in the coming days. back to you guys. labor day marks the beginnings -- beginning of the home stretch of the presidential campaign. >> a national poll shows a significant change in the numbers from a few weeks ago. kim explains how the candidates for president are thinning through the numbers.>> reporter: the 2016 campaign is entering a home stretch and a poll shows a dead heat between hillary clinton and republican donald trump. the survey was conducted between december they september 1-4. there is a significant tightening from the 7 point lead that hillary clinton held after the democratic national convention. they do show a shrinking margin between the two candidates. on the way to florida on tuesday, hillary clinton joke with the media. >> [ indiscernible -- low volume ] >> reporter: trump was in virginia tuesday and optimistic about his chances against hillary clinton. >> i think we will get a lot of the burning people. a lot of them are coming with us . the one thing he was right about is the fact that our country is being ripped off like never before on these trade deals. >> reporter: with just over two months to go before election day, both candidates have plenty of work to do. the poll also shows that majorities have unfavorable views of both hillary clinton and donald trump. kim hudson for kron4 news. a judge has rejected a plan that would expand highway 101. they say they've given a federal wildlife agency the wrong information when seeking approval for the expansion. they said five acres would be preserved. that land was already meant to be preserved and is therefore not a benefit that would be tied to the work of highway 101. the judge has now ordered caltrans to seek authority from the agency all over again. let's take a live look outside over san francisco. temperatures will keep climbing through tomorrow afternoon. that means the heat affects the quality of our air. our meteorologist brittney shipp is here with more. >> reporter: you want to be careful tomorrow if you suffer from respiratory illnesses. let's show you the let's clear the air alert for tomorrow. that is due to stagnant air. here is how we can help out. take the transit, walk or bike. and try to reduce energy use -- try to reduce your energy use and your driving. when state will be the warmest day of the week. temperatures will get into the rest of the work week and into the weekend and it will be nice. 88 in livermore, 90 in concord right now. 72 in oakland, 80 they 79 degrees in petaluma, a warm evening for most locations. we do have a ridge of high pressure that is in control. you won't see anything on the map. the rain and the clouds are to the north of us. we will see a few clouds along the coast tonight. this is the set up. not a cloud in the sky for us. windy conditions are expected to continue. not so much fog for the second night in the low we will wake up to fogginess near napa. but the rest of us will have clear conditions start. tomorrow, 97 and anymore -- antioch in livermore. 87 in nappy at -- napa, 77 in san francisco. the three-day forecasts shows warm tomorrow. we drop down heading into thursday and friday. 89 degree -- it will be a 9 degree drop by thursday. thursday down to the mid-70s and some down to the 60s. thursday and friday we will return closer to average. i will have a closer look of what we can expect as we head into tomorrow in your forecast. that is coming up. we have been following the skyrocketing price of the epi pen. the action being taken by one state against the coming this company. more on that coming up after the break. paypal apparently has its eye on a new location after scratching plans for a location in north carolina because of the restroom law. paypal has checked out several locations around the state including a vacant sky kurt roper -- skyscraper in providence. pay plan -- paypal had plans to set up in charlotte but they now have a bathroom law that says people have to use the bathroom assigned to them and -- at birth. they are now looking elsewhere.>> reporter: the new york attorney general is investigating the pharmaceutical company that creates epi pen. the attorney general says the company may have inserted possible anti-competitive terms and contracts with schools. the prices grown to $608 for a two pack. they can help for reactions that can be life-threatening. they say they will launch a generic version soon that will just cost $300. coming up, what the judge told prosecutors about what bill cosby has to say lately. what we have learned today about the humpback whales that will live a long side our coast by -- coastline. a woman crashes through the skylight. what people saw moments before she fell. more on that coming up after the break. now kron4 with a quick look at the day 's top stories. >> in san pablo and 18-year-old pregnant woman died after being shot in the street. police say the on board child did not make it either. they say ilaysia mccoy passed away. these photos come from a gofundme page set up by her sister. lycie they are moving in the direction of an arrest. they do not believe the shooting was gang related. spencer blake in san pablo. >> in san francisco police have released the mug shot of truce miller. he was arrested and charged with aggravated assault battery and making threats of elder abuse after he got into a fight at the fisherman is worth marriott hotel. his victims were a 70-year-old man and his 29-year-old son who were visiting from illinois. police say miller tried to enter the wrong hotel room. witnesses say miller was intoxicated at the time. he has since been released by the 49ers. surveillance cameras in dublin catch a surveillance camera that was used in a home invasion robbery. >> she was held at her house by four male suspects, two who had guns. we believe the vehicle was a white, sedan infinity fx. 35 . >> reporter: police say the mother and the children were not injured. police say the suspects got away with cash and several high and handbags. grief counselors are on hand to help those dealing with the death of two high school students. they were well known in the community. their friend remains in the hospital. a spokesperson says they are trying to help the community as best they can. a sister of one of the victims says the family is to grip stricken to think about a funeral. the cause of the crash is under investigation. in oakland, a woman is recovering after she fell through a roof of a building. it happened near third street on monday. witnesses say dozens of people jumped onto the roof of the building during the show and the woman fell through a glass skylight. she was conscious and able to talk. she was taken to the hospital in oakland. congress went back to work today. at the top of the agenda is fighting the zika virus. >> reporter: it is at the top of the agenda, but how close is it to getting solved? how close are they to passing critical funding? >> what does it take to get the republican majority to act? >> reporter: seven weeks after a recess, democrats and republicans face an increasing number of infected americans. which the cdc says include 625 pregnant women. some members joined up today to call and republicans to vote on more zika funding. >> this is a crisis and it is this then -- descending on our country. >> reporter: the democrats refused to support the bill because it makes cuts to obama care and planned parenthood in puerto rico. republicans will try again to pass a $1.1 billion funding bill for zika. i am alex shuman in washington. the saddle fire has grown to 848 acres . it started yesterday at 4:30 a.m. so far it is tempered sun contained. three buildings have been destroyed and 300 are in the path of the fire. the fire has prompted evacuation and road closures. hundreds of firefighters are battling the fire. the cause is still under investigation. hurricane newton is expected to make a second landfall. the first occurred in baja california. as of then it was noted as a category 1 hurricane . it had winds up to 90 miles per hour. hurricane newton is expected to move up the peninsula and into the gulf of mexico tonight. the second landfall is on the coast of mainland mexico early tomorrow. we are join by meteorologist brittney shipp for more weather. >> reporter: it is interesting watching this hurricane possibly making a a second landfall in mexico and then it will work its way into arizona. we do have a satellite image of hurricane newton . you can see, st. lucas right there. this is a 12 hour loop . it is working its way to the north. the winds breeds -- speeds are down to 75 miles per hour. in kabul st. lucas -- in kabul st. lucas it was up to 90 miles per hour. the latest model the show it moving in strength and turning more to a tropical storm. we will keep watching this closely. all of the precipitation does stay in tucson and the eastern part of arizona . it doesn't look like phoenix will see a lot of moisture. we will keep our eye on this tonight and tomorrow. we do have a big ridge of high pressure in control. that means hot temperatures tomorrow. we will take another look at the forecast at the end of the show. bill cosby back in court today where a judge declared him legally bind -- blind. catherine has the latest of the developments. >> reporter: we have seen him being led around in the past year. we saw that today. this is the case where bill cosby has been criminally charged. although dozens of women accuse him of drugging and sexually assaulted them all -- over a four decade span. prosecutors say 13 women are willing to testify including aspiring actresses, a waitress, a flight attendant and others. they all of these bill cosby used his celebrity to win their trust before drugging them and assaulting them. they want those women to testify as witnesses to a pattern of behavior that began in 1964. the judge has not ruled on that request. one woman says cosby assaulted her in 2004 at his home. he is insisting the sexual encounter was consensual. back to you guys. a big development for the humpback whale population. will they come off the endangered species list? and what we learned about the whales along the california coast coming up. in san francisco, police are investigating a missing case . arianna would have been three years old today. she was last seen seven months ago in oakland. tonight at 8:00 we will hear from her family members who are still holding out hope that she is alive. there is mixed news today for the humpback whale population. >> some of them will be coming off the endangered species list. but some like you see here, including the waters off of california coast will remain on the protected list. it is estimated the population is just 3200. hawaii has a population of about 11,000. government officials say humpbacks have been recovering ever since commercial whaling and it 15 years ago. in sports we will take a look at how the giants are doing as they try to stay close to a division race. more on that coming up after the break. now it is time for sports with gary radnich we are a family here at kron4 . when someone can't be here at this exact moment, we step in and help them . it usually doesn't even take that long. >> reporter: and you are younger and better looking than me. >> i was about to say that the season will start -- i heard an interview today and it was bad news. >> reporter: yes. >> he did not have any answers for why his team has plummeted. >> reporter: could've taken the high road and said that was a good interview. steve, you probably would've said that right if you hurt my interview with bobby evans? >> yes.>> [ indiscernible -- multiple speakers ] [ laughter ] >> let's try to move this along here. [ laughter ]. >> you guys have been talking about this a lot. thank you, grant, very much, bruce miller is gone. you cannot get rid of him soon enough. he allegedly attacked a 70-year-old man and his 29-year- old son. he beat them badly enough to hospitalized them. he faces charges of aggravated assault, elder abuse, threats and battery. i will make it really simple. this guy -- i am sick of looking at that video. allegedly, he has a drinking problem and he better get some help and he better get it fast. >> reporter: this is kind of a strange one. a come back to play monday night against the 49ers. if you know this story, he was a great quarterback at cal. number one overall draft choice in the nfl. to show you what a big step he is taking, he will not suit up for the game monday night. they have another young player who will be the second string quarterback. the bottom line, this triumphant return will have to wait a while for the number one draft choice. he will not be in uniform. the 49ers open their season monday night. the raiders are opening up this weekend. there was a poll today that jumped out to me a little bit. the raiders are picked 11th. seattle is chosen number 1. the 49ers are selected as the worst team in the league, it has been wild, 32 out of 32. they are at the bottom . it has been a bot -- while since you can feel good about the raiders . but look at this rookie. he is getting ready first first ever seizing game. >> my first official nfl game was in new orleans. i am originally from baton rouge. i have a crazy amount of people supporting me. i will probably be able to help. i hope to help against new orleans. my dad was a diehard cowboy fan . [ laughter ] >> reporter: the raiders will start on sunday. grant asking if there was anyone worse than the 49ers? cleveland ranked 31st. >> i think chip kelly got fired in philly. what are they going to do? and we are looking at the kaepernick stance and whether you respect it or not. you think the team is in turmoil, right? >> i don't think they will win 10 games but maybe seven or six. -- 7 or 6. >> as steve said, go check the sausage. >> we don't want to learn about how the sausage will be made. [ laughter ] [ indiscernible -- multiple speakers ] the giants are falling off the map. tonight they were up against colorado who just scored and it is now 1-1. they are for games back and you are supposed to be colorado, and arizona. matt duffy, the former giant, lots of people say they should have kept him. the mets season is over and he underwent a season ending surgery to alleviate pain to his left achilles' heel. >> reporter: steph curry and these programs, when they go overseas they sell shoes and everything. here is steph curry for under armour. he was in asia for five days and the third consecutive year he has toured the continent. they love him to death over there. they did put him on the floor. he did sign plenty of autographs . then they put him on the floor to play against the philippines youth 17 national team. please roll that footage . it will come down to a classic, game-winning shot. there is steph curry. they will try to when it at the buzzer. steph curry is rejected by a young man in asia! there is! steph curry rejected, his team would lose by 1 point. this kid in asia has something to talk about. [ laughter ] >> thank you. we'll be right back. the i am in downtown san francisco right by city hall where apple is sitting -- setting up for their big press event which takes place tomorrow morning coming up on kron4 at 8:00 . i will tell you what to expect from this big apple event. i will see you then. >> you will need sunglasses tomorrow. sunscreen. 75 along the coast today. cooler by the end of the week.>> that's it for us. we will be back here at 8:00 we hope to see you then everybody. thanks for being with us. i need to let her know that i like this! i like, like, like, like... i haven't seen a movie based on a comic book in so long. i know. we're over here internet people! get high speed internet from at&t. with over 99% reliability. at an everyday price with no extra monthly fees. keep calm, you internet's on. "the insider" tracking the biggest stories making news today. number one, queen bey's birthday is a hollywood holiday. >> if i'm not sleeping, nobody's sleeping. >> inside the power of beyonce. the five reasons we love her at 35. >> beyonce's the birthday machine. did tom's emmy proposal cause the reported hiddleswift split? and why is kim freaking out over sjp? number three, "the view" kicks off season 20 and we're behind the scenes. >> that's a special moment for me. >> the ladies lo back at their favorite moments and biggest regrets. >> every once in a while you get some backlash and it's going to happen again. our "insider" bonus. "little women" l.a. star terra jole makes "dancing" history. >> i'm honestly flabbergasted. >> has she crafted the perfect team game? >> a lot of people wanted big e small but it's too much like -- pow pow. >> hollywood inside out, the "insider" together with yahoo! >> it is perhaps the most fashion lesson and hollywood is weighing in. the long-standing debate. to wear or not to wear white after labor day? this is important stuff. >> it is. let's get to the number one tracking story. beyonce throws a star-studded soul train birthday bash. hard to believe she's only 35. >> and look at all she's accomplished. >> she runs the world. so in honor of the queen, we're breaking down her five biggest moments as we go inside the power of beyonce. the queen shaking her thang, thankful for all the love this weekend. the power of birthday bey is