the signs are posted tonight as santa clara county plans to fight off millions of aggressive mosquitoes first thing in the morning. i'm dan ashley. >> i'm carolyn johnson. they will use spraying to stop more mosquito eggs from hatching. it will take place at 7:00 a.m. in a marsh east of highway 101 where the insects are breeding. that's where thomas roman is in nearby greer park for us. thomas? >> carolyn, we actually were at the salt marsh, but we moved a half mile away because we were being swarmed by hundreds of mosquitoes. they have been bitten by the salt marsh mosquito, but many didn't though there would be

aerial spraying tomorrow morning. >> they were swarming all over my light bulbs. >> she has a child practicing soccer here. her two children have been repeatedly bitten by mosquitoes in the marsh. >> i had about 30 mosquitoes at my house. i had to get some spray which i didn't like to do. >> reporter: even though she hates the pest she doesn't like the idea that vector control is turning to aerial spraying to kill the mosquitoes that invaded a five-mile area around the flood basin. >> i have mixed feelings about it. i am not really sure. i don't know about the chem -- the chemicals they are using. >> a broken flood gate submerged dormant mosquito eggs allowing them to hatch. the chemicals being used are specifically targeted to the mosquito larva and do not threaten humans. >> every one of the products that we use has gone through hundreds of millions of dollars of research before the companies that produce them

can even get these things to market. >> it is not harmful until 10 years later they are. >> reporter: he says the planned aerial spraying is wrong. >> if they are spraying it in the air, it is an improper way of administering it, and it could get into people's lungs and it could be dangerous for people. >> reporter: they say bricks should be put directly into the water and not sprayed into the air. vector control says they will spray at 7:00 tomorrow morning unless the winds exceed 10 miles an hour because they don't want the spray going anywhere but the salt marsh. reporting live, thomas roman, abc7 news. >> thank you, thomas. and in contra costa county, three chickens and seven birds tested positive for west nile virus. that happened today. tomorrow from sunset to 11:00 pl crews will fog areas where the infected mosquitoes were found. the infected birds turned up in antioch, pleasant hill and walnut creek. they responded to a cycle of

violence by putting more cops on the street. it follows the community outcry after last night's fatal stabbing in a safe way we reported. it is the 32nd homicide of the year, five more than this time a year ago. and a emergency response plan includes adding police sweeps to disrupt gang activity and assigning all available officers to patrol duty. over time has been okayed to keep them on the streets around the clock. the oakland a's are facing what the san francisco giants grappled with a week ago. it was a pennant drive without a key contributor. they suspended colon for 50 games for using testosterone, the same that lead to melky cabrera's suspension. he took responsibility. five major leaguers tested positive for performance enhancing drugs, and that's the most since 2007. the san francisco commission on the status of women voted 5-2 in favor of removing the sheriff.

the resolution endorses the ethics committee finding he is guilty of official misconduct. a new poll shows san francisco voters favor removing him by nearly a 2-1 margin. at the commission meeting, his wife spoke in support of her husband. >> let's be clear what this is about. use the family as a weapon, to destroy a politician is wrong. if you support that women you are betraying again the women. thank you. >> he pleaded guilty in march to false imprisonment. he was sentenced and then suspended by mayor ed leigh. a grape heist in oakland. the grapes bound for the cellers were stolen in the night. he says he saw flash lights blipping early monday morning.

but before he or police could get to the scene at the vineyard, the grapes were gone. and sky 7hd flew over the san jose parking lot tonight where we saw dozens of fast-food vans camping out. they are eagerly uh -- awaiting the opening of a chick-fil-a store. the first 100 in line will get a major perk. leslie? >> reporter: that's right. they are camping out. it was more like an over night tailgate party in the name of free food. these die hards were here at 5:30 on wednesday when a raffle offered wrist bands to 100 lucky chick-fil-aers. >> i was the last one called in the raffle to be able to get the food. it was crazy. >> it was like you won the lottery. >> reporter: itthe prize is a year's worth of chick-fil-a cards worth a meal. they will be passed out at

5:30 a.m. and thus a 2004 4-hour wait -- a 24-hour wait, or should i say party? they were shaking it up with the chicken lovers. the restaurant provided the dj and the bathrooms and free food. >> we had chicken for breakfast, chicken for lunch, and now we are having chicken for dinner. it is all good. >> reporter: and you are starting to look like a chicken. you are a walking commercial. you have the t-shirt on and everything. >> i am an avid fan of a good product, good company, good morals. >> reporter: it was a moral stand that thrust them into the headlines when chick-fil-a spoke out against same-sex marriage. they lined up at the franchise that ran out of food. but no politics here. with periodic roll calls to make sure everybody stays in order. >> it is like going to summer camp, and at the end you get free chick-fil-a.

that's the best summer camp i have ever been to. >> reporter: and just like people travel to visit ballparks, there are people here who plan, plot and travel to come to these chick-fil-a openings,. some hit 20 or 30 of these openings. tonight it is san jose's turn and in october it is walnut creek. leslie brinkley, abc7 news. >> leslie, thanks. little league fans are sleep less in petaluma tonight as their team prepares for a crucial world series showdown in pennsylvania. downtown petaluma businesses are buzzing with little league boosters and homecoming celebrations win or lose. we are all hoping for win. if the boys from petaluma win tomorrow they will play saturday for the u.s. little league title. fingers crossed they will move on to the world championship game on sunday. it is very exciting. petaluma faces texas tomorrow and it airs live on espn2 and will be rebroadcast on comcast

cable channels 195 and 715 and on kgo digital channel 7.2 and 7.3. >> should be terrific. a special education teacher is being accused of slapping a student. abc7i team reporter is here now. >> we are talking about a man named teacher of the year. >> how is a teacher uh -- allowed back at school after slapping students? >> to be quite honest, i don't understand the question. >> up next, why the police say the school district is refusing to cooperate. >> and a popular treat is facing a recall. why the company decided to take action. >> and then late other "nightline." >> i'm terry moran. coming up next on "nightline" for the first time the ousted president of pep state speaks out -- penn state speaks out. the untold story of what he says happened. a "nightline" exclusive. and solving the mystery of the

police say a school district is not cooperating with an investigation. >> they saw a teacher slapping special ed students. >> dan moiz is here now. >> this man has gone from being teacher of the year to being investigated for striking students. i asked why they are not cooperating with the police investigation. >> in many way she's just an average teenager. he loves his parents and enjoys going to santa rosa high school. she starting his junior year this week. >> do you like school? >> yes. >> what do you like? >> the girls. >> you like the girls? >> like many students, michael sometimes acts up. kicking another student ortizing a boy about his name. but the punishment michael received is far from normal. michael says 60 sech-year-old -- 67-year-old willie swindle

took him in the closet for what the teacher called a pow=wow. >> he would go -- >> with both hands on your ears ? >> on my ears. he has done it on my face. he pinched my cheeks. >> michael's parents didn't believe him at first. >> and then he came home and said mom, the teacher is hitting me in the ears really hard. he would go and smack him like that and it hurts. then be started thinking there is something going on. >> they pressed the school district to investigate. could it be true? could the man they named educator of the year in 2011 be hitting students? after failing to reach him by phone i stopped by his santa rosa home. >> the family says you struck michael? is that true? >> no, that was ununder toed. they did -- it was unfounded. they did an investigation. gite i-team has a copy of the district's findings signed by the assistant superintendent.

witnesses confirmed he took him in the hallway for a pow-wow, but could not see what happened there. on two occasions he has been observed clapping another student on the ear while sitting in his desk. one witness reported seeing him clap michael on his cheek with his open palm while they were facing each other in the class m rue. michael said ouch and then no more than five minutes later mr. swindle came back to michael from behind and slapped his cheeks again. witnesses describe seeing mr. swindle touch michael's ears describing the contact as flicking, pinching and pulling. the teacher asked at one point, does this hurt? a witness reported seeing mr. mr. swindle tickle various students. despite the findings, swindle tells me he is back teaching the same class as the school year kicks off this week. >> yes. >> you are in the same class? >> yes. >> a letter signed by you says

that he struck two students and had several other incidents where he is pinching and pulling and that sort of thing, hitting kids on the cheeks and slapping their ears together like a thunder clap they call it. how is he allowed back? >> you are mixing a lot of different things here. i said very, very, very clearly in the letter, i am not going to review those types of documents on the air with you here. >> click wrote to the parents, rules of confidentially do not per might me to identify the action taken. i can assure you that action was taken and there should not be a recurrence of this incident. but that is not enough for them. they say the teacher's actions left a lasting mark on their sewn. >> when you go up to talk to him he jerks like that. >> are you satisfied by the response by the school district? >> no. >> why not? >> because this is is a crime. >> reporter: they contacted police who tell me their

investigation has stalled because the school district refuses to turnover the name of a key witness. an adults staff member who saw him striking students. >> the school conducted a personnel investigation, and they will not provide that information to us. >> reporter: the police tell me you didn't provide this information to them. why not? >> i don't know what the police told you, dan. >> well iwill show on you tv. i will be happy to tell you right now what they said. >> we fulfilled our disclosure requirements. >> just because he and the district may have the right to do this doesn't mean it is the right thing to do. >> i spoke to the former security chief for new york public schools. it is the largest district in the country with a million students. gregory thomas says they should force the district's hand and subpoena the name of the witness. it is against the law for a teacher to strike a child as disciplined. returning swindle to the same class could traumatize the students. >> they are impressionable. having a students in a

classroom with a teachers and who has a pro tense tee and past to do these things, it would have a chilling affect or their rights to report it. >> thomas also says it sets the district up for lawsuits if swindle strikes a student again. he says she is a kind teacher. she never has seen her strike a student. if you have a tip reach us through our website, abc7news.com, or all 1-888-for the i team. >> thank you. let's move on with the weather forecast. >> carolyn and dan, it is cool by summer standards this afternoon. let me show you a time lapse from our emeryville camera. watch the marine layer. it was ramping up this afternoon. it is now 1800 feet deep. it was dark and dreary at times. check out doppler 7hd and you will see what it looks like from that perspective. we have ex 10 sigh --

extensive low clouds, but in over the bay and head nooght inland areas over -- but heading into the inland areas overnight. alamo is cloudy and fremont is cloudy toward mountain view and palo alto. up toward santa rosa as well. so first thing tomorrow morning you can certainly count on gray skies. the temperatures right now in the 50s and the 60s. it has cooled off nicely thanks to a good breeze coming off the ocean. low clouds and fog and spotty drizzle tonight. afternoon sunshine in most areas. the cooler pattern is returning again this weekend. today's high temperatures, places like livermore only 83 degrees today. a good 5 degrees below normal. a slight bump up tomorrow. computer animation is showing you the cloud cover. it extends toward the inland valleys, 5:00 a.m. tomorrow. you will see the morning #*s overcast. it will be foggy in spots. visibility is poor because of the fog. watch out for that in the morning. you will need a little extra time as you head out the door

due to spotty drizzle along the coastline and possibly even around the east bay, oakland, hayward areament temperatures in the 50s to start the morning. definitely need to bundle the kids up. area of low pressure exiting. that's the one that brought the thunderstorms and the rain to southeastern california. and record rainfall in las vegas, over an inch and a half with that system. same low that brought the cooler than normal conditions today. a weak ridge through friday. temperatures will moderate a few degrees tomorrow. we are not looking at a heat wave. 80 in santa rosa. 77 in napa, 68 in oakland. antioch 87. 86 in livermore. oakland 68. 74 in palo alto. sunshine in san jose. 78 and still cooler than normal. san francisco 63. we will see a couple of patches of fog. not the solid deck like today. 62 at half moon bay. for the money raw ray bay, 84 in morgan hill.

round two of the action owe the san francisco bay. that's tomorrow afternoon, and it looks like tbr sailing weather. like great sailing weather. upper 50s to low 60s with some patches of fog around. grab a sweater or jacket if you are going out there. the accu-weather seven-day forecast. a little warmer and low 60s coast side for your thursday. and then dropping below average. low to mid80s carolyn and dan for the weekend in our inland communities. upper 50s coast side and the temperatures will finally start to recover early next week. mike will be here at 4:30 tomorrow morning with updates. >> thanks, sandhya. coming up next, a bay area company famous for its lick xesh is issuing a recall.

you may want to check your cupboards for li is being recalled by a bay area candy maker. they have recalled 16 ounce packages of the black lick rish twists because of elevated levels of lead. they come in a red and white bag with best before dates of february 4th of next year. pregnant women and parents of children who may have eaten

this candy should consult their physician. we want to thank more of you who have contributed to the sleep train dream campaign. $1 is donated for every like we get on our facebook page. our thanks to charlotte b and mike h of petaluma and katie l of novato. to like us go to the abc7 news page and click the thumbs up button. larry beil is here. >> last month the dodgers came and swept the giants and this month pay back. the giants going for the sweep in l.a. sports next.

the giants is dodgers wrapped up their three-game series. the giants going for the sweep and it turned into the arias show. i would never question a producer. i would never do that.

he drills it in the first. 3-0 giants. number three for arias. doing it with a bat and the leather. the bottom of the third and he is robbed on the backhanded grab and thrown out at first. check this out. he is unimpressed. that was a producer decision as well. guess who? it is arias again. he brought in two more in the seventh. five r.b.i and justin christian just in time. it is in the bottom of the seventh. giants sweep the dodgers for the first time in five years. they are now two and a half games up on l.a. we talked about the colon suspension. there was genuine surprise in the clubhouse when the news broke this morning. colon does not look like the stereo type of a guy who is juicing. hefty is to put it nicely. you could see how the risk might be worth the reward.

reaction from a's player. >> we are going to put it behind us. we still have a lot of games left. that's what we can do is fill the hole and go from there. >> it does president seem like -- it doesn't seem like an option anymore. it was a thing people would think about, and there might not be repercussions, but now it looks like the names that have come out, it is not nobodies getting tested. >> victor conte's name is synonymous with performance enhancing drugs. now an advocate for stricting testing, he says the use of fast-acting testosterone that leaves the body in a few hours makes it easy to cheat. >> it wouldn't surprise me if you can see more here in the near future. this is something that is commonplace in major league baseball. many more players you can possibly imagine because the test is easy to circumvent. they overshadowed the fact that they had a game to play.

a little matinee action and tommy malone was tremendous. he allowed one run on two hits and struck out five. cocoa crisp, and this would be hot cocoa, solo homer. story. it wasn't even my line. it was a producer line and a producer decision. a little league world series kid scouting, and it is tied at three. coal carter brings him home for the winning run. that means petaluma faces texas tomorrow at 5:00 p.m. sports brought to you by river rock casino. >> "nightline world trade center is next. i'm dan ashley.