they just say he doesn't belong here. and we know now that he's a week ago. >> : "i'm shocked and appalled." >> phillipe :neighbors in concord's colony park. up in arms, about the prospect of a convicted sex predator moving in >> : "we just don't need it around here." >> phillipe :but brian cassidy says he'll sleep a lot better on this night, now that 51-year- old frasiure smith will have to settle down elsewhere. >> : "you were really nervous about it -- you have kids? yeah, we have a 6-month old daughter and you know we have a nice little quiet neighborhood, and we were hoping people would come to their senses and this didn't make any sense to have him move here." >> phillipe :this vacant house on amhurst way is where neighbors say the state wanted to place smith, who is currently being housed at a state hospital. the contra costa county district attorney's office says a deal between the owner of the home and the contractor responsible for helping smith find a house broke down as more of smith's past came to light, and neighbors petitioned his pending arrival. >> : "if he were to move here, were you considering not walking around here anymore? yea, no, i was not going to walk around. we weren't going to be exposed to this area at all." >> phillipe :in 2012, smith was granted a conditional release from prison and transferred to a state hospital. four times, he's been convicted of rape or intent to rape, including in 2006, when he pleaded no contest to sexual battery of a 17-year-old girl in solano county. >> : "will you follow where he goes from this point? probably not." >> phillipe :this year, attempts to place him into homes in fairfield and suisun city were unsuccessful. and, now you can add concord to the list. >> : "i just don't think its fair to the other families. theres a fear factor." >> phillipe :we'll learn more about where smith may go later this month at a hearing in solano county superior court. live in concord, philippe djegal, kron four news. >> pam :three santa clara county jail guards are in protective custody tonight. on charges of beating an inmate to death at the county jail. rafael rodriguez, 27.jereh lunrin, 28.and mathew farris, 27 are being held without bail. the santa clara sheriff says they committed a cowardly and heinous act.against an unarmed individual they were entrusted to protect. the medical examiner says 31- year old michael tyree died of multiple blunt force injuries. he was found lifeless in a single-person cell at the main county jail in san jose. covered in his own vomit and feces. tyree was a special needs inmate.suffering from bipolar disorder and was awaiting a court appearance on suspicion of misdemeanor theft and drug possession. santa clara sheriff laurie smith says he bled to death internally from the attack alledgedly by the three jail guards. his lawyer thanked the sheriff for acting quickly. >>:he died as a result of blunt force trauma, sadly administered to him by those who were actually charged, duty bound, took an oath to protect him. so i am so grateful as is the family for the recognition that when somebody does a wrong thing or a bad thing, even if they are a deputy they are held to the same standard of conduct as you and i. and that is how this system should work >> pam :sheriff smith says the three corrections officers have been moved to another jail elsewhere. she apologized to tyree's family for what the jail guards are accused of doing. she said her disappointment and disgust cannot be overstated. happening now. the seach goes on for a gunman who killed one student and injured two others. at sacramento city college today. police still have the campus on lockdown this evening. while they search for the suspect. all three victims were men. the two survivors were taken to a nearby hospital. students at napa valley college. are shaken up.over reports of a sexual assault on campus. monday, about 2 -in the afternoon. a woman went into a restroom in the 18 -hundred building, located close to the heart of campus. a man was hiding in one of the stalls, then came out and sexually assaulted her. once administrators learned about the incident, students were immediately notified. the suspect is described as a white, adult male, with short, wavy brown hair. and blue or light colored eyes. the man accused in the pier- 14 murder of kate steinle. will learn tomorrow whether or not he will go on trial. it was the final day of testimony in the preliminary hearing for francisco lopez- sanchez. lopez- sanchez has admitted to the shooting death of kate steinle, but maintains it was an accident the public defender says, the testimony supports that. >>:only a single bullet fired and that he made no effort to get closer to the individual to have a better shot. things like that, it does not make sense as a purposeful, malicious intent >> pam :if the decision is made to put lopez-sanchez on trail. the judge will also have to decide which charges he will face. the contra costa county sheriffs are investigating the death of a man. they believe may have been targeted. deputies found jay welch dead. outside his home in san pablo yesterday morning. on alpine road near hillcrest road. police say, they got a medical call to the home, but did not say who made the call. the sheriff believes, the crime was not random, but no other details have been released. around 7 -this morning a driver in a pleasant hill neighborhood, was blinded by the sun resulting in a pedestrian involved accident. a woman and her three children were struck by the vehicle. that was only going about 15- miles per hour at the time. two children were air-lifted and the other child and mom were transported to a nearby hospital. luckily none of them suffered life- threatening inuries. police say, the driver stopped the car and was cooperative with investigators. 23-year old sirvaunte rhodes of san francisco. has been arrested for a hit and run accident that crushed a man's leg on monday. monday morning, a 64-year old man was getting into his parked car, when another vehicle swerved and crushed him. the suspect fled the scene. the front license plate of the car fell off in the accident. and police were able to find the owner and make an arrest. rhodes was booked for a felony hit and run. and multiple other charges. california lawmakers are looking to clamp down on drones. to keep them away from schools and jails. a pair of bills are now headed to the state senate for a final vote. they already have assembly the first would make it an infraction to fly drones above schools while they are open.. the second bill would make it a misdemeanor to fly a drone over a state prison or jail. lawmakers say, the gadgets could make it easy to smuggle in drugs or contraband. stilll ahead. the president learns a step or two from school children in alaska. smart signs. designed to help drivers navigate traffic issues along the interstate 80 corridor. and a important bart shutdown that could affect your holiday weekend commuting plans. do you like the passaaadd? it's a good looking car. this is the model rear end event. the model year end sales event. it's year end! it's the rear end event. year end, rear end, check it out. talk about turbocharging my engine. you're gorgeous. what kind of car do you like? new, or many miles on it? the volkswagen model year end sales event ends on labor day. so hurry in to your local volkswagen dealer today. ♪ ♪ it took serena williams years to master the two handed backhand. but only one shot to master the chase mobile app. technology designed for you. so you can easily master the way you bank. >> pam :if you rely on bart. be warned for this labor day weekend. you're seeing video from our helicopter partnership with abc7. downtown oakland and downtown san francisco all three days - starting saturday through monday. as crews finish work on the transbay terminal. traffic will be affected. there are a lot of big events happening around the bay. including the billy joel concert at a-t&t park. however, you will have commute alternatives. >>:it will be difficult to drive to do this part of code--to this part of town we strongly encourage them that they take a bus or a ferry, just do not drive. anyway they can get your be much better >> pam :this will be the second bart disruption in five weeks. and another alert. there is also muni metro subway work happening. and a lot of subway work around 4th and king in the san francisco. the latest as the man charged with the charlestown church massacre. is back in court. and the kentucky county clerk who refuses to issue marriage licenses to gay couples. is behind bars. >> gary :and coming up later in the broadcast we have sports. and jim harbaugh returns to college coaching >> reporter :people are calling this man a hero after he shot a man in the head who was allegedly breaking into his house. the victim was home alone after 11:00 a.m. when he heard a knock on the door. he did not answer and a few seconds later at least two men kicked in his back door. is when the veteran fired on the suspect's hitting one of them. police say they found him a wanted parolee wounded almost a mile away. police are still looking for at least one more suspect >> reporter :in san jose three deputies have been charged with murder in connection with an in custody death of an id met at the main jail--of an inmate they were arrested this morning in the death of inmate 31 year- old michael james ivory--tyree the three deputies are charged with murder, assault under the cover of authority, conspiracy >> reporter :just alongside interstate 80 near showing you these new signs they have built along the interstate. there are some small signs and a big sign as well on their all electronic. they will be able to provide the latest information for drivers. such as a green arrow that could suggest to be in as surgeon lanes. the have been working on this for a while and hope to have everything online for the drivers in the next couple of months >> brian :we had some gusty winds across the place and that is going to be similar for tomorrow with a weather system in the pacific northwest keeping things cool and then a big change for the weekend, just some scattered low clouds in to tomorrow morning, otherwise mostly sunny and for the afternoon the mild weather will be with us. wind speeds getting up to and maybe even surpassing 40 mi. per hour in the windiest spots that its claim to shut down the seabury's--sea preeze -breeze clear skies over california and here is the weather system to the north that is bringing some cooler than average temperatures and this pushes out by saturday. not so much for tomorrow >> pam :we are going to move on to national news instead of serving same-sex couples marriage licenses. one kentucky county clerk is now serving jail time. rowan kentucky county clerk, kim davis, has denied same-sex couples marriages licenses since the supreme court ruled that same-sex couples could marry in june. davis claims it's against god's will. but a federal judge says she's going against the law of the land and either has to change her ways or stay behind bars. >>:you have to follow lot and a lot of the land--the law and the loaw of the --law of the land >>:knowing her strong christian resolved she may be jailed behind bars but heard--her consci conscience remains clear on friday the rowan county clerks office will begin to issue same-sex marriages licenses. as davis sits in jail. >> pam :the white man charge with killing nine black churchgoers in charleston, south carolina. will face the possiblity of the death penatly. according to documents filed today. south carolina prosecutors will pursue the death penalty against dylann roof. the 21-year-old faces state charges including nine murder counts in the june murders. filed court documents cited factors including. more than two people were killed, and other lives were at risk. roof is expected back in court in october. after taking care of business issues in alaska, president obama stopped by a middle school to watch some children preform a native dance. and apparently he could not resist joining in. here you can see president obama showing he can "dance like an alaskan" afterward the president encouraged the children to hold on to their traditions, even in sports. the 49ers and raiders close out their pre-season.which players stole the spot-light in hopes of making the final roster. and ryan vogelsong and the giants look to get back on the play-off race track. gary has the highlights and all the sports next. >> gary :the good news is that the dodgers' loss at san diego tim lincecum out for the season.had hip surgery today and his career as a giant may be over giants in colorado looking to make up ground in their playoff chase against the rockies san francisco fans making the trip out to see the reigning champs ryan volgelsong on the moundand his start would be rough bot 1st volgelsong gives up this two-run home run to carlos gonzalez top 3rd 4-0 rockies volgelsong trying to make up for the deficit. that's a two-run shot 4-2 rockies bot 4th 7-2 rockies gonzalez wasn't donethat's another two-run homer. this time off george kontos. final: 11-3 rockies the dodgers lose so the giants stay six and a half games back in the regular business starts a week from thursday for the quarterback had a third stringer 70 yds and a touchdown jared the australian rugby player makes the squad he finished the exhibition campaign at the top 49'ers beat san diego >>:i think the young guys are presenting themselves well. i think they played hard and physical. we have got to get a third downturn into first down >> gary :and it is over for the raiders as well. in seattle for tonight. russel wilson played for the seahawks, boom, touchdown 63 yards in all wislon threw one pass, a touchdown, then get i--him out of there exhibition season for raiders is over jim harbaugh in slc coaching college football. his team just didn't have what it takes against the utes from utah khakis not so funny tonight, 24-17 win for utah michigan scored late to make it a closer contest tom brady.will be starting week one of the n-f-l regular season tom brady.will be starting week one of the n-f-l regular season brady's suspension was lifted today after a federal court judge over-tuned his four-game suspension the judge said brady did *not realize he could be suspended for several games for knowing about under-inflated footballs. and brady's legal team did *not have equal access in the investigative process the n-f-l says it will appeal the ruling.so the deflategate is far from deflated attention sneaker heads! under an arnold steph curry's new signature shoe, "the curry two" curry also posted a picture of the new shoe to instagram, revealing under armour's plan to release limited pairs in china on september 6th "the curry two" is scheduled to hit stores world-wide on october 24th he is such a good guy so it's hard to make cracks on him one in a lot of money--wanting a lot of money >> pam :good night everybody will see you tomorrow >> pam :good night everybody will see you tomorrow to become more efficient. my job is basically to help them achieve their goals around sustainability and really to keep their overhead low. solar and energy efficiency are all core values of pg&e. they've given us the tools that we need to become more efficient and bottom line save more money. together, we're building a better california. [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 have signed the pledge. >> donald trump. worst golf cheat ever? >> he would fudge numbers, not play by the rules. then after his big victory in court -- >> tom brady beating the nfl. >> is tom brady and gisele's marriage on the rocks? and sandra bullock's new boyfriend. exclusive. what we've learned about his past. straight from the woman who was going to be his mother-in-law. then, up in flames. restaurants meant to be family fun. disastrous. >> i don't want to go to the

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