happened. we had seen this s.w.a.t. vehicle making its way towards the front door of the house. and then, like i said, at 5:46 they hd this man come out and surrender. they had a vehicle that pushed the door open, then, we saw this man come out, lay down, then surrounded by looked like seven or eight s.w.a.t. team members. before that this afternoon, the suspect apparently was being served a notice but what is called a civil restoration team, a division of the sheriff's department. it was a lock smith and two sheriff deputies think went to the front door tried to serve a notice, and when they could not get an answer, they began drilling the skplok doorks that is when someone inside

fired a single shot hit the lock smith in the leg. we can see him being taken away. on a gurney, we understand the injury is not life threatening then, the next four hours this, man was inside of the house and a team was brought in. they did make contact with them, it was the swart r.swrath team vehicle able to push open the front door and now this is ashborn circle. the police care baid -- barricade still up here, residents not alud back n we've seen this activity from sky 7 hd. we're still waiting for the sheriff department to confirm it's ended peacefully. >> authorities questioning a driver who hit and killed a

bicyclist. the accident happened on skyline boulevard and elk tree road this, is video of the scene. a 50-year-old woman was riding her bicycle when colliding with a minivan turning toward her lane. the dryer is an on trak delivery employy. police say he is cooperating with authorities. >> there were no serious injuries after a train collided with a car on the tracks in east oakland today. sky 7 was over that scene before noon today. the people in the car were not seriously injured we're glad to tell you. there were no injuries to the 85 passengers on board the train. >> negotiations continue today in oakland in an ef yrt to prevent another strike. negotiators headed back late this afternoon and today went

face-to-face. the unions say they're waiting on a proposal to take lower pay raises and benefits. >> we hope to report something new. however, we're waiting back from the district to give us an answer on the last proposal. >> this is a the week. strike could happen as soon as 11th. >> another child with special needs stranded by a transportation service in vallejo. a big scare for the family of a 6-year-old girl she went missing for a time. nick? >> good evening, administrators say it was an accident and every precaution needs to be taken when dealing with children with special needs to make sure that the

mistake doesn't happen again. the 6-year-old gave her mother a scare. she wasn't at her usual pick up spot waiting at the steps of the school. >> and when i got there, no one knew where she was at. everybody running back and forth from the office to-to-her classroom so once we figured out this one lady came up out of the blue and said i think cleopatra got on a bus. >> cleopatra uses a taxi to go to, and from school with a voucher provided bit district. >> my daughter has, she's skpism has the mind of a 3-year-old. >> wednesday, there was a mix up. when she came to pick up her daughter the girl was gone. after a search she learned cleopatra had been placed on bus. transportation her mother says her daughter is not authorized to ride alone. >> we can still be searching and planning her funeral. >> the bus driver dropped her

off at this intersection. >> she still had been in that office at that school. and not on nobody bus. a stranger called to tell her she'd found cleopatra alone, scared and crying. >> my daughter remembered first five numbers. the last number was figured out. >> today, she's fine. official wtz unified school district admit there was a mix up and has put procedures in place to ensure it doesn't happen again. and they tell me, it is under investigation. >> apple's new operating system began available today. and analysts call it a major upgrade. johna snan. >> it's been called biggest change since the iphone, starting today most will start ask you if you want to upgrade. when you do, things will look

different. it's packed with a stunning new user interface. >> apple ceo known for speaking in superlatives. >> it's a great improvement. i like the move. >> gorman got to preview the new situate praiting system. >> turn on and rove, -- off. >> and a different look. >> it's cleaner there is more white space, thinner fonts. just less clutter. >> look at that. >> is that the camera? >> oh, nice it brings new camera features. like the filters android smart phones had. >> ios lagged behind android but with this new ios 7,

they've caught up. >> i like it so far. >> in short users say they think they're going to like the new software, just as soon as they can get do it down ld. >> how is it go something. >> going slow. >> a handful told us they got error messages. likely because so many people were trying to upgrade. >> i can't activate the phone. at and t's servers are down. >> but one guy wants to you upgrade as soon as possible. the district attorney. >> the new ios 7 is introducing an activation lock. >> rebd rendering a stolen phone useless. george gascone hoping to dli dry up the black markets. >> i think this think is going to reduce the number of thefts and injuries caused by this theft. but again it's not going to happen overnight. but doi believe it will happen, fairly quickly. >> a lot of users told us they're waiting to upgrade and the experts say that not a bad idea often this is when bugs are discover sod if you need

all of your apps working perfectly, you might proceed with caution. >> google wants to keep awe live and using it's search engine for a long, long time, launching efforts to extend our life spans. the story, let's hope it works we'd like to live a long time. >> agreed dan. senior senters here in san jose may see a big increase in giants. reaction so far has been positive and cautious. >> those working with seniors like to say 85 is the new 60 thanks to better nutrition. google would like to see more people live longer, that is why it's going to start calico. >> a focus group, 95-to 100

that could contribute if that is the focus to increase the quality of life to seniors. >> 88-year-old mary bell johnson finds this very unusual. >> yes, it's very unusual. and i think it's wonderful. >> the levinson is an investor in calico. google declined an interview however, experts hope they will delve into issues of the pending life such as seeners running out of money and providing more years of assisted living. >> it's unclear whether google will use it's resources on to way to building better quality of life. and if that becomes one of their goals. i think who better than to

work on that? >> the director of the san jose center for healthy ageing and multi cull trap l populations raised concern as as google mines data. mary bell hopes daily exercise lidz leedz to long life. >> i do that seven minutes. >> you must be healthy. >> well, i have been, yes. >> and you want to stay that way? >> i do. >> hopefully, she will. >> is it fair to kick people out of a jury pool because they're gay? that is the question between the heart of a battle over two firms at odds over a aids drug. >> america's cup drama stretches into another day. why who what could have been the final race of the event the got cancelled today. >> week may end on a cool, possibly rainy note. i'll have the accu-weather forecast coming up.

>> a new take on water heater can save you ♪ for a store near you go to benjaminmoore.com/bayarea.

the federal courts taking on another controversial issue regarding gays and lesbians in san francisco, today, ninth circuit court heard arguments over whether lawyers can excuse a potential juror based on his, or her sexual orientation. abc 7 news is had in the newsroom with the story. leanne? >> that is right wh.

collecting a jury lawyers can say we don't want this juror or that juror based on gender. the supreme court said you can't do that. but the high court never said anything about sexual orientation, today, the court has a case dealing with that issue. the case starts out like this, abbott increased price of a popular aids drug, becoming an antitrust matter. during the jury selection abbott asked one person from the jury pool be removed. the man hop haped to be gay, familiar with the drug and lost a friend to aids. abbott said he might be biased. glaxo smith klein lost the case, now wants a retrial arguing that the juror was removed because he was gay. >> it's the parties are protecting the potential jurors from havin

you're no good, go away. >> other cases like this one are find thirg way into the courts. >> one of the season is something they say is the rights of gays and lesbian autos others argue starting on a jury does not carry the same protection as having right to marry. >> yes. it important to serve on a jury but not as central to being a person as at built many being married. >> and california does not allow the removeal of gays from jury pools in superior court. federal courts are a different story that, is what we're

dealing with here in, this situation. >> thank you. >> a's manager revealed what caused latest sewage problem at the coliseum. last night during the 6th inning sewage overflowed in the bathroom turning out it was a blue rag someone flushed down the toilet. workers still cleaning up the mess less than two hours before the first pitch of the game against angels. >> this is something that happened last night. >> this was the second issue of the season in june, sewage invaded both club houses forcing a's to shower in the raiders locker room. >> wasn't sewage, but wind affected another event today, america's cup is about to become new zealand cup. just a win from taking trophy after winning today's first race. new zealand finished 15 seconds ahead, they now lead

eight races to one. could have won today but the second race had to be postponed. >> i am smelling victory. smelling the cup. i want to get it on a plane and take it back as soon as possible. >> if new zealand wins a trophy ceremony will take place, it's not a done deal but looks close. >> awfully close. >> it was blustery out there. but that didn't compare to yesterday. >> yes. it's calmed down some. >> we have had strong breezes over the bay. we'll have calming over the next day or so. they may pick up again, over the weekend. taking a look at live doppler 7 you can see that no low clouds at the coast this time of the year. sunny skies from coast to inland and quite pleasant right now. here is a live view from our

camera, looking westward you can see a good view of the bay there. city of san francisco and into the distance there some hills just leading over to the coastline where again we have no lok lowe clouds and marine layer. san jose, 75 a cool 59 in half moon bay. now a live view from our camera here in downtown san francisco, along the south side of the bay bridge, it's 82 degrees now in santa rosa. 80 napa. 81 antioch. and one more live view across embarcadero, looking at the north side of the bay bridge under blue skies these forecast features mild to warm and hot in some inland locations, temperatures going to drop and a chance of rain friday night into saturday. and here is why. looking at pacific satellite

image, sunny skies warm conditions today and warming continues tomorrow, but this storm system which is approaching pacific northwest will guide moisture into that direction but some may work it's way into the bay area. so notice areas of light rain developing in the north bay during overnight hours into saturday we'll see pockets of light rain scattered about the bay area smrks continues into mid day and early afternoon saturday before it begins to lift and move away from the bay area. so some spots are likely. lows mid to upper 50s. tomorrow afternoon, sunny skies and warm. highs ranging from mid to upper 80s. redwood city, 83. on the coast mild to warm.

downtown a high of 77 tomorrow. 72 in the sunset district. nice warm across the north bay. highs mid to upper 80s from santa rosa to 80s. highs into low 90s in all locations. and here is the accu-weather forecast. a cool down about 10 digs or more in locations on friday. chance of showers overnight into saturday. saturday will be thest day of the forecast period. saturday, last day of summer, coolest day in the forecast period. wrming up sunday which is the beginning of autumn. >> timing is everything. >> yes. it is. >> just ahead a modern day movement to saef the whales. >> yes.

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a surprise move sends stocks soaring. the fed decided it will continue to buy $85 billion in bonds intended to keep borrowing rates low. it's widely thought the purchases would be reduced. the fed said the question kme is growing and there are indicators job market has shown improvement but the

government does not want to restrain growth. >> slow recovery continues fiscal drag perhaps continued affects from financial crisis may prove to be head winds to recovery. >> you can see dow surging about 1%. >> more money matters a victory tonight for internet radio. pandora media has won a battle with ascap the society that distributes music royalties. it's a fraction of what it pays performers but it's a big step towards containing pandora costs. "wall street journal" reports black berry wants the dominant maker of smart phone maze layoff up to 40% of the work force meaning several thousand workers. black berry lost most shares to apple and samsung. take two interactive, the

video game maker generated long lines when releasing grand theft auto 5 yesterday also generating $800 million in sales, more than all but two of the years' top movies they've made. >> well, federal officials have come up with a clever way to reduce the number of whales that are struck and killed by ships every year this, is an especially big problem off san francisco bay. 7300 ships make their way in and out every year, through prime feeding grounds for whales. scientists have now come up with a smart phone app called whales pot spother. boaters would plot locations any time spotting a whale and large vessels could be districted to different routes. this app tested beginning this weekend near farallon marine sanctuary. neat idea. >> still ahead at 6:00 victims of gun violence gjer in washington to revive a bill on

background checks. it's sponsored by a bay area gun owner. >> i don't know why he did what he did. and i'm not able to ask him why. >> the mother of the navy yard shooter issues a heart felt apology to the families. >> oldest black owned store with a december natio

good evening two, days after the fatal naif yeahee yard shoorting in washington more information about the shooter. aaron alexis, should someone have flagged him as disturbed and dangerous? what the killer's own mother is saying tonight. the pentagon acknowledged there were red flags about aaron alexis. >> why they didn't get picked up? why they didn't get incorporated into the process, what he was doing? those are all legitimate

questions we're going to be dealing with. >> investigators now trying to piece together clues about his mental state may lead to a motive for the horrific shooting rampage. one recent incident stands out. august 7th at 6:00 a.m. he called the police, claiming that after an argument in a virginia airport, a person had sent three people to follow him, can z.keep him awake by talking to him, sending vibrations through a microwave machine. authorities contacted naval station police determining at this point he was not a threat to himself or others. alexis's grieving mother spoke out and had no answers. >> actions had a pro found and ever lasting affect on families of the victims. i don't know why he did what he did. i'll never be able to ask why. to families of the victims i'm so, so very sorry