the victim's husband, family and friends. his lawyer says this tragedy hit both families hard. >> police say tom bernaski was the driver of the truck that ran over christie vonameer last week. he was aested several blocks from the park. his lawyer says he's distraught and sad. >> my client is devastated. he's never been in trouble before. he's a mess .s he realizes that his actions rumted in the death of a young mother. >> there is a sad irony. at the time of the accident bernaski was coping with a personal tragedy n april his 20-year-old daughter was killed in a car zeent he's not doing well. not eating and sleeping and its taking a toll on him. >> prosecutors waiting for rultz of his toxicology

report. wagner says he knows what goitsing to show. >> mr. bernaski does not drink or smoke, he's a religious man. >> wagner says it was an accident. >> at the time tath he didn't know he hurt someone or that he'd killed someone. >> the rec and park department showed us his policy prohibiting workers from driving on grassy area was out a spolter, another worker look out for people. it indicated that he violated park regulations. >> well, i've never seen that regulation. talking about spotters. >> helen has been a rec and park electrician 22 years, she drives this truck to the city's parks and recreation centers and told us if spot sgt policy the department does not enforce it. >> we don't have the person power to do that.

to have one person driving and one person running ahead. >> he says singling out his client is wrong. >> the idea of having someone there to spot every time they're driving around is not practical, it's not reasonable. it's not what happens. >> the district attorney is still reviewing this case again, investigative sources tell us toxicology report is outstanding. the d.a.has yet to file charges. bernaski is out on bail. >> thank you. we van update on developing news we first brought you on abc 7 news at 4:00 police arrested a man detained for a shootout outside of a downtown hotel in the street near the marriott hotel where the state football team skppl fans are staying for tomorrow's game against cal. abc 7 news reporter alan wong is live. and i misspoke, they apparently released him. correct?

>> yes. we're outside at a taxi stand. drivers tell me this is the grab of the driver they say he was standing here where i am drinking coffee. let me show you where bullets here, there are two up here on the wall. bullets came from baudway street. there is no short yachblg witnesses because this is where the buck eyes are staying for the game tomorrow happening around 3:00 and showing fans unable to get inside because outside had become a crime scene. one witness says he was in the office overlooking the scene. >> we n ran over to the window quickly.

we saw these gunshot holes we saw from windows. >> now back three locks away, a officer followed a ran. he was detained while police looked at tape to identify him. he was later released. i spoke to him and saw him walking down the sidewalk we asked him why he was released they said they didn't have any evidence on him and we asked why he ran he said he was just trying to get away from bullets so chaotic scene. a lot of panic and a lot of buck eye fans here at the hotel. reporting live in oakland abc 7 news. >> scary. thank you very much. bart and unions said to be doing anything but cooling off,

today announcing managers may be running bart trains if union workers walk out. >> that is what they're talking about. the union representing the 400 train operators say this would be a clear threat to safety. on the other hand management says it's an idea they have to look at in the face of the real possibility of a long strike. >> we think it's time for the public to begin to plan ahead. >> with just 28 days to go, bart assistant general manager says the district is looking at something it hasn't done. training managers to run skeleton bart service in the event of a strike. >> we feel we have at least an obligation to see whether or not would it be possible to run some type of excel -- skeletal service in the event we find ourselves on

a long strike. >> last time they ran trains was during a three-month strike in 1979. >> would be a serious concern the union would have for safety of the passengers. >> the local president of transit union says they undergo training before considered certified to run a train. >> i would be extremely concerned for passenger safety is paramount. >> besides looking at possibility of training bart plans to beep you have bus service in the he vechbt a strike. those buses would serve just one age of the normal number of passengers. the commission is looking at leasing buses, something both commissioners seemed opposed to. >> i caution ourselves in these actions. i -- i think it's a slippery

slope. >> unions are expected to resume bargaining on monday. >> some east bay truckers caught in the middle of a beef between the operator of a truck yard. today things came to a head. wayne freedman is live with the story. wayne? >> this is a story about the closure of a business you might never know exists until it goes away. result? a log jam of big rigs on streets. you may have noticed more than a few big rigs tonight. it began here. >> we have month where to go. >> phillip runs the support services on city land in the old army base. his business is a holding zone for thousands of truck goesing in and out of the port every day. this morning sheriff deputies

showed up and evicted him along with this smaller vendors who worked inside. the city has an agreement to build a truck service center. the man running it. >> courts ruled in favor of the city of oakland and issued a judgment and rendered position and the sheriff was enforcing that, today. >> according to developers they cite environmental and labor violations. there is no sympathy. >> they have known for all of the year. he hasn't done something and left truck drivers to rent

spaces with him with nowhere to go. >> he claims the city never gave him specifics. some trucks squeezed into the lot, drivers of others stood outside and fumed. >> they put me close to being out of business. >> i have containers costing $150 a day. >> as for overflow of trucks... >> there is no place for them to go. >> the victim is the community because these trucks need a place to poork it's business and i think the courts made it clear that the city is under agreement to move forward with the project and plan to do that. >> and tonight the oakland marine support service is

nothing but a barricade. he says he's one of the people hoping to establish a business in the new facility when it does open. >> no word so far whether former giants slugger bonds will appeal further now that he struck out with the federal appeals court. bonds convicted two years ago and his attorneys appealed. the aappeals court ruled staims were shove sent for z.saying quote we're gratified and believe justice has been served. bonds found not guilty on three more serious counts. he was sentenced to two years probation, 30 days home detention. >> pentagon pulled a plug on a

sweetheart deal for top executives at google, for years they placed a small fleet of planes at moffett field a cording to wall street journal they were allowed to buy jell fuel for hundreds of flights at below commercial market prices. the prices saved google executives $2.5 million over six years supposed to be only for nasa flights. the pentagon says that won't happen anymore. today a public interest group says planes should be evicted and an investigation opened to see if any laws were broken. the planes not own bid google but a company formed by its two founders and former chief executive. >> coming up at 6:00 governor brown signs an agreement with the government of china. >> and later tonight the paint industry to under pressure to get the lead out.

>> smart tv connects you to the internet. one man hit with huge fees for using it. coming up 7 on your side gets money back. >> in the sierra thunderstorms are rumbling

>> in the last hour governor brown and a high ranking chinese official signed a

landmark agreement. the memo of understanding calls on china and california to curve carbon gases and invest in clean technologies. right now, china produces more green house gases than any other country. governor brown says pollution problems are also california's. >> build up of green house gases is splaeding throughout the entire world and green house gas comes from africa to china, from california, texas. from great britain, from all over. >> chinese government representative says the clean up is fight vita. a joint task force will share research and policy. >> local realtors are looking their -- licking their chops at the prospect of twitter going public tweeting it's filed for an initial public stock offering. analysts estimating twitter is

worth between $15 billion and $20 billion and going public will make many employees, of course, instant millionaires. >> it's pretty simple. saying expect the crazy real estate market to get crazier. it's only 1500 square feet but it does have a fabulous view. this property sold for $2.2 million. realitiors say expect the market to become more competitive new that twitter is going public. the neighborhoods are popular among tech crowd. >> there is pent up demand from other buyers and if you add twitter people, we expect it to drive the market for

months, if not years to come. >> this is bad news for home buyers looking for a home in san francisco five months and hoping to find a place before that twitter money starts flowing. >> i'd like to. i'm looking for a house now. anyone would be start to get into n.as soon as possible. it's likely to keep going up. >> people in the mission have plenty to say about impending influx of millionaire autos it does concern me the flavor of the neighborhood changes a little bit. >> i would rather see people with money here than without money here. >> and one business agrees one manager looking for potential benefits to the neighborhood. >> we have to make sure we stay true to the community that has been here a long time. you know? it's progress, it's successful.

>> it's triggered a wide range of conditions in san francisco. >> many office workers had a legitimate excuse for being late to work after a scaffold dangled. take a look. this malfunctioned on the side of 1 embark dare yes jernt just after 7:00 a.m. >> everyone comes to get coffee and split and. >> the rescue squad is will versed in that. they have proper ropes to secure those things. >> crews managed to hoist back to the roof of the skyscraper. >> thank goodness

>> things look promising. mild weather around the bay area, mild to warm. looks like this pattern will hold one more day. here is a live doppler 7. we do have low clouds near the coast that. is our thunderstorms have been rumbling lut the afternoon and now into early evening around lake tahoe. they still continue to erupt there. we've had nearly a thousand lightning strikes from these storms and action continues. here is a live view right now from our heavenly camera. you can see thunderstorm clouds at this hour. temperature readings back here in the bay area where it's quieter. 63 oakland. 68 san jose. 59 half moon bay. another live view from our east bay camera is looking

towards the coast. it's 74 now in santa rosa. 68 hef hat -- novato. concord 78. one more live view showing bluer sky prz our camera here at abc 7. these features fog near the coast and bay overnight mild to warm again tomorrow. here in the bay area we've got active jis sis tims and looks like weather may become active by the end of the week. we'll see systems shifting around and positions and lows starting to drop down from gulf of alaska with an attached cold front may swing lieu by the end of next week meaning a chance of showers or rainfall here for us. overnight tonight low clouds and fog near the coast.

low temperatures into upper 50s to around 60. tomorrow, sunny, mild to warm day in the south bay. temperatures generally upper 70s to mid-80s. mid to upper 60s on the coast. 68 will be the high downtown tomorrow, warm up in the north bay 88 in antioch. here is the accu-weather forecast. cooling zpoun a mild pattern monday through thursday. clouds will thicken. there is a slight chance of rain. that is seven day as way. >> weather pattern going to start changing here soon. >> yes. >> thank you very much.

>> coming up a trauk event for any young student. a 3-year-old girl is left stranded by

mother of a 3-year-old special needs student in hayward says she's dropping the bus company that stranded

her daughter on the first day of school. her 3-year-old daughter has autism. wednesday morning the bus driver dropped her off at the wrong school then a second driver after taking her to the right school forgot to pick her up. gonzales says the bus company durham services says they can't explain what happened. >> to know abc had gotten generic response back saying oh, well, the district didn't let us know about this. the mom didn't let us know about this. we'll look into it. safety is our first concern i'm not buying it. >> bur ham -- durham says it is investigating. >> tonight money matters bay area real estate enters a cooling off period. prices fell but are higher than last year in data quick information service says the industry continues to

normalize. new reports on retail sales shows the economy may be losing steam but an index is at its highest level in three years and next week, fed expected to cut back on the bonds by $10 million a month intel rose three and a half percent. united airlines says it will honor ticket prices when they were accidentally set at zero dollars. >> good deal. >> if you can get it well, there is more still to come here tonight at 6:00. you're going to see a rescue in northern california inundated by flood water there is more rain in the colorado forecast. >> aftermath of the fire on the jersey shore, investigators saying the cause is sus spishus. >> also here paint

under pressure to get for a store near you go to benjaminmoore.com/bayarea.

more rain is headed to colorado. thousands have been evacuated in the area, some areas hit so fast, people couldn't leave. crews had to use a skip line to rescue this person. flood waters cutoff many towns it's made response challenging. the emergency crews have to deal with quickly changing flood waters. this fire truck was hit head on as you can see the crew was not injured. this family erks including a dog had to be pulled from their home. boulder has been hardest hit bit flooding n one case a man was sleeping when water slammed into his house, trapping him inside. >> the wall of water coming out.

so we went outside. we heard a big roar. >> the president signed a emergency declaration here. >> investigators in new jersey trying to dermt cause of yesterday's massive fire that destroyed dozens of businesses on a popular board walk. the fire being treated as sus spishus. and as wendy gillest explains business owners are talking about rebuilding. new jersey governor consoling business owner who's lost nefrg a massive fire that destroyed four blocks of the new jersey board walk. >> it's heart breaking. >> flames consumed about 30 businesses more than 400 firefighters battled the blaze. huge plumes of smoke shot into the sky. winds up to 30 miles per hour heched fan flames.

firefighters removed part of the board walk stopping the spread of the fire. crumbled remains are a reminder for many business owner who's worked to rebuild, reopen after super storm sandy devastated jersey shore 10 months ago. >> we were looking forward to the fall. >> fire officials combing through to determine the cause of the blaze. two officials have told abc news the fire is being treated as sus spishus. the investigation is still in its early stages. many are thinking about rebuilding including new jersey governor. >> we lost the place. it has provided generations of memories to our citizens. we'll rebuild and make new memories for families because that is what we do. >> there were to serious injuries but destruction is

severe, least $2 million worth. >> circumstances behind the death of a fresno volunteer is under investigation. the 57-year-old died yesterday whether he fell 50 feet while being lowered from a helicopter. he was helping u.s. fish and wildlife agents know. he found a group of volunteers who help clearing trails and other sites. a 10 year fight over assessed value of chevron's refinery may be over tonight. assessment appeals intoord acknowledging chevron overpaid plort taxes in 2012 by half a million dollars. chevron filed appeal on amount of property tax every year since 2004. the company received an $18 million refund for 2004

through 2006. >> a 13-year long lawsuit against manufactures is wrapping up in san jose. 10 california cities and counties seeking $1 kbrinl to clean up res denses. abc 7 news explains what is at stake. >> the use of lead-based paints banned in 1978. but the risk remains. and and the paint industry says it didn't know that led paint was dangerous, when it did, it paid fees to support education and preveng. however, five companies being sue bid three cities and seven counties but say that isn't enough. >> they don't remove the lead paint from homes so until you remove the lead paint from homes, children are still going get poisoned. that is the remedy we're seeking in this lawsuit. >> he canland, san francisco, and the bay area counties are

using state public nuisance law to back the lawsuit,er however, former iowa attorney general speaking on behalf of the manufacturers points out a similar strategy has failed. >> seven other states in the court have looked at this very same evidence the same issue. and in every instance, sided with manufacturers. >> santa clara base hazmat dock has been testing for and addressing lead contamination, clean up can be achieved by repainting or more aggressive means. >> the repainting is a short term remediation and the method of putting something over it is a long term, there is removeal. >> closing arguments scheduled for a week from monday and the

judge has 90 days to yernd an objection. >> a local company brought a smart tv. >> discovering it

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millions of americans using smart phone buzz now, there are some who have smart tvs letting you go online. >> they're what handy but one couple received a huge bill the first time they used their smart tv. >> michael finney has their story. >> james and his partner were excited about the new tv. >> you can access the internet its like a television, and movie house all rolled into one. >> you can send e mails. >> or watch a movey. however there is one problem. their new tv had cool features but james and jeffry had to avoid them. >> use would have been minimal. >> james bought the tv at best

buy sold him an internet plan from verizon wireless. >> i can run the tv wirelessly and i could stream. >> a sales person says they can watch 10 movies per month costing just $50 per month. >> everything went fine. then i got a bill. it was shocking. >> instead of $50 they were billed $288 and said they had gone way over their data limit and james said, impossible. >> how can we be billed for overages if he watched less than 10 movies? >> verizon says their plan gave nowhere near enough data for 10 movies. >> they said i had to be careful about streaming anything. >> and they found out wireless severer would send them a

message. so james avoided using tv still he got a bill for $110. he tried to cancel the plan. but verizon charged him for early termination. >> felt trapped and very... disheartening. >> the couple said they were stuck with fees and a tv they can hardly use. >> and i called 7 on your side and everybody was talking to me. >> we contacted best buy and verizon. both took action. first reimbursing james and agreeing to wave the fee. best buy would not discuss the case tells us our goal to provide customer was the right products at the right price when that doesn't happen we work to provide a positive experience.

verizon said we provide extensive training and services and regret any inconvenience he may have experienced now, the couple has unlimited internet and are enjoying unlimited cool features. >> it's relief. finally someone that really has your back. >> for smart tvs a direct internet connection works best. >> new if you think have you a consumer complaint go to abc 7 news and click on 7 on your side. >> coming up next it is moving day for a local

sanford university phone for students who start companies we've covered a lot of them here. >> but now the university investing in those young entrepreneurs in a new way. >> jonathan bloom explains. >> in the parking lot of the aol building a big couch being wheeled into the future. it's a couch many young

entrepreneurs have slept on if they made that it far. >> people sleep under desks. they like just like, code, code, for 15 hours, then lie down on the floor and sleep for a couple hours, get back up. >> it's that passion that makes a perfect fit here at star x. the start up accelerateor. it's a learning program for entrepreneurs who are passionate about an idea. >> when i say passionate i don't mean they think it's cool. it's that they can't sleep at night. because they're thinking about it. >> cameron founded start x two years ago. >> this is your december snk messiest? >> yes. i'm not too clean. >> now, he's packing his things. smart x isn't shutting down after launching 10 successful companies including a building toy company for girls they've outgrown the space aol gave it. >> and now with a 3.6

in mn needed to rent more space, nobody planning to spread out, turning out working shoulder to shoulder made it so success oofl you probably take this out. and in the space we have 10 people here. >> stit sitting creates accidental teamwork. >> do you see what happens? you say i can help with that. happens all the time. >> now, stanford is part of the teamwork contributing 10% to any round the company gets. you might say it's investment in a project based corporation. >> this at sth ultimate form of doing. >> they're getting it done. >> let's go back and update weather forecast. >> spencer christian is here. >> starting with live doppler 7 three sharply differering weather pattern ones here in the bay area. it's calm and mild. in the sierra we've had all throughout the afternoon and into evening, thunderstorms just rumbling around the area

about a thousand lightning strikes so far. now moving over into colorado to area of those devastating floods we've been reporting on. we can see conditions have been quiet with exception of a line of thunderstorms we expect conditions to become a pattern of concern as more rain is headed our way sunday. now back to the state of california sunny skies and warm conditions inland and once again, chance of thunderstorms breaking out. close to inland mild on the coast. highs into 60s, 70s around the bay. 80s and here is the accu-weather forecast. nice mild pattern through thursday, friday things starting to cool down. clouds. >> and let's check in on sports. >> you don't see this often.

a historic day on the links history in the making this, will be a splash.

good evening good evening, there are a few magical numbers in sports, baseball you've got joe dimaggio's 56-game hitting streak. golf magic number is 59. today, jim furyk became the sixth player to shoot a 59. furyk began the second round of the bmw championship started with a nine shots off the lead. here is the shot and for eagle furyk 12th hole of the day started to sense something special happening here. 14 lifts out. furyk would birdie 8. final hole of the round a's birdie within a few feet and here it is.

the 11th birdie of the day and the 59. furyk tied for the lead with grant rooting him on, which is nice to see. and it's a good play. to improve. there is not much i can improve on. >> should sleep well. final major of the year saying today mika a lead six under 656789 show how big the fight is tomorrow night in vegas, people lined up for hours just to get into see the weigh in. may weather the king of the sport pea weighed in at 150 and a half

>> are you ready? >> ready. >> i like it. >> you only have owe no-to-know once. the weekend fight for first. a's opening a three-game series in texas tonight a's fans showing up in arlington. first inning. he's yoennis. come on this, is where action is. okay, 23 of the year. good news, college football, buck yis quarterback still questionable owes az to whether he's going to play. weren't he plays not going to

matter if defense shows up like it did in the first half. >> our defense has a lot of pride. and they want to get it they will get it right. makes a good offensive football team. you know, it will be a great measuring stick for us. >> stanford facing army at mikey stadium. coast has great respect or army, on and off the field. >> earlier today we're going to be playing on hallowed ground. you know? and the people there have done unbelieveable things for the united states of america. i can't wait to get there. >> don't forget to join us tomorrow night at 8:30 here on

abc 7 and joining us in staudo new san jose football coach. and you guys were talking about boxing. >> yes. he's from mexico. >> does ve a shot? >> he's got big punching power. >> very interesting. >> join me tonight at 9:00 what may be the unluckiest flight. >> google get fog trouble overseas. >> and then tonight here on abc 7 we have last man standing and 2020 at 10:00 followed by abc 7 news at 11:00. >> but that does it for this edition of abc 7 news. thanks for joining us. >> from all of us here, stay connected any time you wish at abc 7 news day bai area. >> follow us on twitter.

this is the "jeopardy!" tournament of champions. here for the deciding game are the three finalists -- a research chemist originally from charlotte, north carolina... ...a strategic analyst for nasa untsville, alabama... ...and a high-schofrom h r from chicago, illinois... and now here is the host of jeopardy! -- alex trebek! ks, johnny. i have said this before on the program. if you're doing well in a game and are lucky enough to hit the daily doubles

and wager a lot and respond correctly, you can make up a lot of ground. can kristin and keith make up the ground? we're gonna find out in this half-hour. good luck to all three of you. colby, you pick first from these categories in the jeopardy! round. alex: colby. 1870s show, $200. kristin. who is ibsen? you are right. facts & figures for $200. keith. what's a chihuahua? right. facts & figures for $400.