as long as you live you're gonna ♪ ♪ miss me miss me oh oh oh oh oh oh oh oh oh i wake up and i'm sober ♪ >> jimmy: i want to thank gordon ramsay, jordin sparks. i want to apologize to matt damon, we ran out of time for him. tomorrow night robert pattinson, rick and corey from "pawn stars" and music from polica. his new self-titled cd is out now. playing us off the air with "keep your head up", see the

full performance at jimmykimmellive.com. once again, andy grammer! good night! ♪ ♪ ooh ooh ooh ooh i've been waiting on the sunset ♪ ♪ bills on my mindset i can't deny they're getting high higher than my income ♪ ♪ in comes bred crumbs i've been trying to survive the glow that the sun gets right around sunset ♪ [ female announcer ] introducing yoplait greek 100.

100% new. ♪ 100% greek. 100% mmm... ♪ oh wow, that is mmm... ♪ in fact it's so mmm you might not believe it's a hundred calories. well ok then, new yoplait greek 100. it is so good. ♪

tonight vice presidential candidate paul ryan goes on the offensive in tampa. >> and another community swamped by floodwaters by tropical storm isaac. i'm carolyn johnson. jay i'm dan ashley. we have all that have, but we start in south san francisco where a nearly three-month investigation into a fatal shooting involving a police officer is finally over. it began at this gas station june 5th. abc7 news president arer ama

dates is live in south -- news reporter ama with more.s live with more. >> the investigation looked into many factors such as the fact that derrick gains had drugs on him and in his system when he died.stly but mostly it came down to his possession of a gun. >> the investigation into the officer-involved shooting that left derrick gains dead is now complete. >> have i concluded that the -- i have concluded that the officer's conduct was reasonable and justifiable within the guidelines of the california penal code. >> the san mateo county district attorney looked at that. he was walking through the arco station at the corner of westbrow. he was seen here in an unrelated story and approached the two because they were acting suspiciously. you can see gains take off in this sur surveillance video. when he caught up with him, there was a confrontation. the d.a. said gains had a gun

and reached for it. >> clearly the most significant factor was the kiss tense of the 45 caliber firearm that the young man had in his possession and was reaching for at the time the officer made the decision to fire and kill him. >> what he didn't know was that the gun was inoperable. >> i have seen the >> i have seeit was not apparent that it was missing the firing pin and was inoperable. >> but gains did know. >> he very much knew that the gun was not an operable gun. >> i spoke to the boy's step-father, and he said the family is disappointed with the d.a.'s finding, but he isn't surprised. john burris filed a civil suit. >> this young man and another young man were walking and they would stop by with no apparent reason. kind of a racial profiling. >> he has witnesses who says gains didn't reach for anything, but of course the

d.a.'s office witnesses who said he did. they will be holding a rally at that gas station on what would be gains' 16th birthday. that's set for september 20th. ama dates, abc news. >> thank you. cal-osha is investigating the death of a handyman on bethel island. this is the scene soon after the accident in contra costa county. the victim is described as a man in his 40s. he was digging a ditch just after 5:00 this afternoon when he was crushed by a concrete block. >> now to tampa and the republican national convention. tonight a standing ovation as sanford professor and former secretary of state condoleezza rice took the stage. but the night belonged to the vice presidential nominee paul ryan. abc7 news reporter art matthews is in tampa for the convention and has details. congressman paul ryan accepted the nomination saying he and mitt romney are ready. >> after four years of getting

the run around, america needs a turn around a and demand for the job as governor mitt romney. >> ryan has been attacked for his plan to turn medicare into a voucher program for those under 55. tonight he was heckled by two code pink protesters, and he pushed back. >> it will strengthen medicare from my mom's generation and for my generation and for my kids and yours. >> he says he is not only ready for the debate, but ready for the battle. >> they have no answer to this simple reality. to stop we need to stop spending money we don't have. it is really simple. it is not that hard. >> reporter: for supporters who president whatted him to share his personal story he did a little. talking about how his father

died when he was a teenager and his mom started a small business. >> it made our family proud. to this day my mom is my role model. >> reporter: ryan says the choice this november comes to limiting growth or limiting government. >> join mitt romney and me, let's give this effort everything we have. let's see this thing all the way through. let's get this done. it was a rousing speech and it moved the audience here at the forum. and tomorrow mitt romney accepts his party's nomination and moves this long campaign into the final stretch. in tampa, mark matthews, abc7 news. >> mark is reporting live from tampa all this week. follow him on twitter for instant updates at matthews at abc7 or abc7 news facebook page. we will be streaming live abc news coverage of tomorrow's rnc events. and mitt romney's speech is on our website, abc7news.com

beginning at 4:00 p.m. tropical storm isaac is packing torrential rains, but they are not beating new orleans today. despite the -- being pelted by nearly 20 inches of rain, most of the surge barriers built after hurricane katrina held. there was some heavy flooding forcing at least 70 emergency rescues. 3,000 residents of the st. john the baptist parish alone had to be evacuated. >> we grabbed our animals and put the water came in so fast. >> 700,000 people in louisiana and mississippi remain without power tonight. tropical storm isaac is expected to plow as far north as ohio before petering out over the weekend. >> two school children are in the hospital after a 100-year-old driver backed ov heir car. this happened at the el men -- as the elementary school let out. the driver was backing out of

a grocery store, but did not stop. was an accident he says pining several children under his car on the sidewalk. 234* all, 11 people were -- in all, 11 people were hit including nine people. everyone hillary cover. >> a long dispute between neighbors in alamo has lead to the death of a woman. they stone called to stone gate's drive. a sheriff spokesman says the families involved have been in a long-running civil feud. during the fight one woman struck her head on the pavement. she died from her injuries. palo alto police are looking for a man who sexually assaulted a woman in the shotting center. a woman was walking between nieman-marcus and nordstrom when a man came out from behind the parked cars and fondled her. he immediately ran away. he is described as 5 foot 9, medium build, 30 years of age and wearing a yellow hooded sweatshirt. an iconic club is about to slow down. the purple onion comedy club

will launch countless careers. after six decades it is being forced to shut its doors. alan wang is live at the club in north beach. alan? >> the purple an yen is where some of the biggest comedians honed their skills before they made it big. like many of the institutional bars and clubs it is about to become another victim of the tough economy. >> do you know what a perfect game is? >> they are watching a game of catch for three and a half ho >> it is the stage where woody alan got his start. the comedy club launched the philip diller show, the b a baby-sitter. that's what we tell the wife. >> after 60 years, the building is being bought and the club owner has been asked

to leave. the pending sale adds to the number of iconic downtown bars falling to the way side. in march, the gold dust lounge shutdown after almost 80 years near union square. the -- up sphairs near the purple onion is bill who says he cuts francis ford copolla hair. >> after 40 years the only thanks i get is get out and don't come back. >> the real for representing the new buyer of the building says the asking price was just under $2 million. they are being asked to leave by the end of september. behind the laughs are plenty of these. >> late tonight the real for representing the new owner told us their intent is to restore the building and keep the comedy club possibly under

the same name. mr. shonay will likely be moving on. alan wang, abc7 news. >> alan, thank you. still to come, apple gets into the buy back business. what you need to know before you get rid of your old iphone. >> and the surprising trick a fast-food chain is accused of doing to speed up its employees. >> and the new bill that will make you think twice about texting and driving. >> coming up on "nightline" we continue to chase isaac. it is a monster storm that wreaks havac on the gulf coast leaving entire neighborhoods underwater. and my co anchor has the

a new apple recycling program appeared on its web store offering to buy up old iphones for credit. leslie brinkley looks at what they are rolling out and why. >> $345 worth of apple store credit for a year old iphone? yep. there is always a trade in deal to be had, and now you can swap your old iphone or

mac or ipad to apple directly and get an apple credit. >> it is common for third parties. even in kiosks in malls they get that. it suggests an iphone is coming and we know one is coming. apple is trying to get people to buy the new phone and setting them up for that. >> the announcement about an iphone 5 is widely anticipated on september 12th with the iphones getting shipped by the 21st. this new recycle program has iphone users answering a few questions on-line about their iphone and whether it has a cracked screen or moderate scuff. then a estimate is generated. you president cay turn the phones in at the store. you have to ship them in. if you exaggerated the condition your phone was in when you dropped it in the lake, you may get less than promised on-line. most apple fans seem intrigued, and they kind of understand why. there are so many providers.

i think it is a good incentive to turn your phones back into apple. that's something i would be more inclined to do. >> to keep people from lagging behind. i am perfectly happy, but they want people to ramp up to their newest and better things. >> san francisco, leslie brinkley, abc7 news. >> three new bills in sacramento could become law soon. operators of who are called party buses that kids use at proms and other functions would be held responsible. the bill is headed back to the assembly. going to the governor's desk is tightening texting and hands free laws. another bill would limit the public display of empty rifles and handguns. it would make it illegal to carry unloaded long guns in the incorporated cities. >> the co-chairman of the 49ers talked about new technology the league is testing to monitor the force

of blows that lead to head injuries. they are considering high-tech sensors in the helmets soon. he spoke on a panel at the commonwealth club in san francisco about sports injuries. >> i think we may have the ability to put those in the helmets or into mouth guards at the beginning of next season. so the 2013 season. >> the nfl is sharing its results with the department of defense because of head injuries. the military is collecting similar data from the helmets of service members. you may have been paying too much for your meal at chipotle. the fast-food chain says it rounded out its price tots nearest mick kill up or down in some of the busiest stores. chipotle did it on cash orders to keep the long lines moving. they say they will only round

down. pardon me. it is time to check on the forecast. >> that's right. let's touch base with sand yaw patel before we move on. >> i want to start with tropical storm isaac. it is still drenching the northern gulf coast states. tornado watch box ropes, and this is going to continue for quite some time. mobile thunderstorms and winds gusting to 31 miles an hour. hat teesburg, moderate rainfall and the gusts continue. the heavy rain is going to continue, although it is starting to shift to the north and east. lighter rainfall, and you can see the winds are at about 46 miles an hour. severe flooding possibility will continue as this will weaken into a depression and move its way up northward through arkansas and eventually up further as a depression. all of that rain has to go somewhere. an additional 7 to 14 inches of rain. could see isolated amounts up to 25 inches.

so far unofficial reports, almost two feet of rain. let me show you a time lapts. time lapse. it is drastically given. the moon is 98% of full. 24 was in high definition from the roof camera. skies are absolutely clear to give you that view. it is changing. even though the skies are clear we will start to see some fog forming. there is a little patch out here. it is coming, and when it gets in here, you will start out with the fog. 48 degrees in half moon bay. it is getting cool right now. you know you will need to bundle up. holding on to the heat from earlier today. we have low to upper 70s in our inland valleys. livermore got up to 97 degrees. it was 77 in san francisco and 63 in half moon bay. the fog fillss in at the coast and cooling begins tomorrow. it will not be in the upper 90s tomorrow.

cooler weather for friday and saturday. let's start off with our computer animation at 11:00 p.m. patchy fog, and then by morning, look at the fog layer expanding. it will fill in along the coast, so at 5:00 a.m. when you head out the door count on fog near the coast. and bundle up if you will be driving along the coastline. upper 40s to low 50s. inland areas, mainly 50s to low 60s. morning starts off with the fog. some parts of the coastline will hang on to the gray skies. 60s near the coast. near 90 if not right at 90 for your thursday afternoon. here are your specific temperatures. livermore, antioch into the low 90s. so still warm, but not exactly the midto upper 80s. 83 in vallejo. 87 santa rosa. san francisco is coming down, 68. oakland cooler at 78. 83 in the south bay and san jose, 79 in palo alto and 63

in half moon bay. 88 in morgan hill. we will be watching highway clouds in afternoon. cooler pattern for friday and saturday. talk about a drastic change. low 80s into the long holiday weekend. a little warmer for your sunday and labor day. certainly warmer days into your tuesday. low 90s inland. mike nico will be here at 4:30 tomorrow morning. >> one more reason, yea, to eat chocolate. when we come back, how it might help men livelonger jie. -- >> and as kids head back to work, don't forget the iphone alarm clock app. you will find it at the%xcñwdwdá

it looks like chocolate could prove to help prevent strokes. >> a study published in the journal ?iewr roll gee found -- inure roll gee found men who consumed chocolate add lower risk of stroke. >> those who ate a third had a 17% lower risk than those who didn't eat chocolate. doctors caution that the flavinoids come in better food. >> chocolate is oh so good. severely cutting back on calories will not help you livelonger. >> researchers at the institute of aging looked at strict calorie restrictions on monkeys, and it didn't make a difference when it comes to longevity. that's good news. we don't have to diet so strict. >> none of that crazy stuff

like larry does. >> you mean i have been starving myself for years for nothing? i am still going to die? hopefully not tonight. the giants got the shortest outing of the season from barry zito. he was dying on the mound. they got more from hunter pens at his home park.

[ taste buds ] donuts, donuts, donuts! who are these guys? oh, that's just my buds. bacon, donuts. -my taste buds. -[ taste buds ] waffles. how about we try this new kind of fiber one cereal? you think you're going to slip some fiber by us? rookie. okay. ♪ nutty clusters and almonds, ♪ ♪ almonds. ♪ fiber one is gonna make you smile. ♪ [ male announcer ] introducing new fiber one nutty clusters and almonds. with 43% daily value of fiber for you. crunchy nutty clusters and real almond slices for your taste buds. the giants are facing the worst team in baseball this week, the houston astros with a record of 40 wins and 90 losses. this series is like a gift from the schedule maker. exastro hunter pence in front of the smallest crowd at minute maid park.

he had his second homer as a giant. 3-1 to give barry zito the lead. but zito at zipo yanked after two and a third. the astros would close to within 4-3. in the 6th, arias drives to left and martinez and all or nothing. he goats nothing. sandoval and pence score and giants on top 6 of-3. he rips one to brandon bell. he snags it to start the game inning double play. giants win it 6-4 to stay three and a half up on the dodgers. 366 dogs. it is puppy he strikes him out and gary darling throws him out. the second time and you point and are gone. jason donald and going to the opposite field. high, deep and aloha and

goodbye. the a's would answer fire with fire. josh donaldson and a three-run bomb. and then the ensuing chase for the souvenir. 3-2a's. chris carter, and he has been big since the a's called him up. an r.b.i in the seventh. the a's win their fifth in the row. they now hold the wild card lead by one game over baltimore. three-time u.s. open champ kim clijsters upset in new york and hillary tire. clijsters was beaten by -- in the second round. the surprise is mall reburdette. she would have already made $37,000 this week in new york with her two victories. she is looking ahead to round three and looking to stanford's football opener with san jose state. >> i can't wait to get out to the games. i think we will do really well. there was a battle for the quarterback position. i am excited to see what he

has to offer. >> she knows her football. a tough challenge in the next round and facing sharapova who needed only 54 minutes to beat lourdes dominguez 6-0 and 6-1. and nobody was happy with the replacement refs. contract talks are going no where. they will work the first week of the regular season. a multi billion dollar business content to put less than its best product on the field to save agents bit of money. to save a little bit of money. >> river rock casino. >> "nightline" is up next. i'm dan ashley. >> i'm carolyn johnson. thanks for joining us. the news begins tomorrow at 4:30. >> we appreciate your time. thanks for watching. >> good night, everyone.ñ!ñcús