good afternoon, everybody, i'm larry beil. >> i'm carolyn johnson. bart trains are rolling but is it temporary? negotiators have until sunday night to strike a deal. >> contract talks going on now, as we speak. today, new players including bart's general manager entered negotiations trying to help forth a deal. we are live now in oakland with more. heather? >> so much about today is just like all of those day that's have come before. with one critical difference. that is the presence of the woman unions like to call the

deal maker. she was back at the bargaining table today after making a first appearance there yesterday. bart said it was inappropriate for her to come until now. whafrt reason, it satisfies a longstanding union demand. >> not getting people overly helpful but elements are here today between two parties, all high-ranking officials to get an agreement. the mix is here to get an agreement today. >> part of that mix, elected officials like hayward assemblyman. >> we represent people. like the general manager we want people to get there on time. like unions, we want them to have a fair jeltment and be happy, and take care of the families. >> he says he's not a decision maker, just here to listen. >> is this scenario by which you mike pick a side? >> very to get up stair autos okay.

>> reporter: the chief negotiator says participation just slows things down. >> i don't think it has anything at all, now. >>. >> reporter: we asked atu with out a deal is a strike a sure thing? >> i would say it's a good, good possibility. >> in addition to bill quirk, nancy skin jer here as well as a representative from barbara lee's office. in oakland, abc 7 news. >> heather, thank you. bart riders are able to get where they want to go today, at least. >> unions say they will strike first thing monday morning if there is no contract deal. we have reaction from worried commuters. >> reporter: here it is. the moment no one was sure they'd see. it opened up happiness and relief. >> it's a good thing. but i waited until 11:00 last night to get the word from the news. >> yes.

the bart trains are running today. we found this situation still created a loss in productivity. >> i didn't go to sleep because i was trying to wait for the nous see what is going to happen with bart so. bit time i did fall asleep it was 2:00 a.m. so late for work, of course. >> reporter: people people told us they can't work from home and weren't sure how they're going to get to work today. >> i was very relieved. i think it's ridiculous they can strike considering we all depend on them. >> reporter: an orinda city councilman agrees and asked riders to sign a petition supporting the idea of a ban on transit worker strikes. >> i supported collective bargaining process, management, labor trying to work it out. but consequences should not fall on the riders. >>. >> reporter: we heard concern about taking this tool away from labor unions.

>> riders are united now in one thing. worrying about next week. bart workers have given notice they may walk off the job on monday. >> monday is a holiday. so, don't have to wor bri that. but tuesday, very worried about tuesday. >> reporter: monday is columbus day. if there is a strike maybe it won't be as painful. tuesday will hurt. but of course hope here is that we don't get that far and that they'll reach an agreement over the weekend. >> be sthour stay with us for the latest on the bart contract talks throughout the weekend. >> you can down load our abc 7 news app to get updates and be sure to follow us on twitter sunday night while this is going down on abc 7 news bay area. >> if there is a strike we'll be on early morning. we'll begin at 4:00 a.m. half an hour early to help you get where you're going.

>> a partial victory in against part of the suit challenges. san jess yeah contends mlb did not have the right to prevent a's from moving south. now, they can be forced to produce internal document autos baseball, owners commissioner selig swril to account for why the delay has been so long. >> the prospect of testifying in court could force baseball team owners into a settlement. major league baseball feel they won 99%. residents of the evergreen neighborhood say thai they have experienced so-called door knock burglaries. they happen in the daytime.

a well known vietnamese entertainer got these pictures of the young men they say ransacked her home and took thousands of dollars worth of of jewelry. vic lee is live with the story you'll see only on abc 7 news. vic? >> reporter: because of the staffing shortage here at the san jose police department, burglaries are the lowest priority among the department's core crimes. the residents of the evergreen district believe burglars know that. >> they're coming here, they came like that. >> reporter: kristin showed us how burglars broke into her home. a home security camera shows two young men at the front door. they knocked and no one was home. so, they went to the back and broke in through an unlocked bedroom window. the burglars ransacked the house. pham estimates loss as about

$100,000. she had lots of expensive items. >> they took my rolex watch, my husband's rolex watch. all of my jewelry from my wedding gifts. and all of the valuable hand bags. >> reporter: the burglars took her expensive liquor leaving only boxes behind and rolexes removed from display cases. once they got their loot the thieves left through a side door. fam and her husband passed around these leaflets to schools and neighbors hoping someone could identify them. >> when i walk around through the neighborhood regarding this, a few got the same problem. >> reporter: the same problem, other neighbors in this neighborhood had recently been burglarized. tricia's mother says her mother actually interrupted a burglary in progress. she happened to look out of her bedroom window at the house across the street. reporting.

>> he she saw two men trying to open a small window. she like a good neighbor opened her window and yelled at them and startled them. they took off running. >> reporter: neighbors say burglars are taking advantage of the shortage of police officers. vic lee, abc 7 news. police in fremont say they're getting -- investigating a person of interest in vicious robberies that took place in walmart. investigators say these two people in black shirts stalked, rob skpdz seriously injured an elderly woman in a parking lot. surveillance video shows her dragging her to the ground. a bystander tried to intervene but the suspect runs away. an evacuation order at the richmond federal building has been lifted. hundreds of people were told to leave the building this morning when someone spotted a pack kraj with wires in it. a bomb squad found out that package was filled with

flashlights and batteries. the building back open after 1:00 this afternoon. governor brown sign aid bill requiring limb seenz to have extra emergency exits under the law, limos must have two more exits in addition to doors. five women died as they were being driven to a bridal party in foster city. two and a half years later for limos that are on the road. the governor vetoed legislation that would have imposed tough restrictions on gun ownership. the measure banned future sales of semi automatic rifles. this in response to mass shootings in other states. california is the first state to ban lead bullets for all types of hunting. supporters say the led

contamination endangers wildlife. no agreement in the government shut down today. republican senators met with the president who spoke by phone with house speaker won john boehner, house republicans offered to pass legislation to avert a default, democrats point out that can lead to cuts in benefit programs and changes to the health care law. the shut down so far lasted 11 days. the shut down delaying the federal investigation into the asiana airlines crash crash at sfo. nearly all agencies 400 employees are now furloughed, postponing two investigative hearings including one crash of asiana air lines flight 214 that killed three fempeople in july. ntsb says hundreds of investigations are now on hold until workers return. heading to the weekend now, checking on the forecast. >> sandhya patel is here, kind of breezy out there today. >> yes. it's butteful and on the cool side. we're looking at live doppler 7 hd right now.

low clouds hugging the coast at this hour. inland areas enjoying the sun. you can see sutro tower poking out there. it was gray this morning and chilly as you probably noticed. temperatures now mid-50s around san francisco. 64 oakland, san jose, 66. near 70 in los gatos. golden gate bridge temperatures 68 in santa rosa. nice and and mild towards concord, livermore in the 70s now. kgo roof camera, not terrible out there. mid-50s to low 60s tomorrow going to be a chilly start. we'll see low clouds clearing for afternoon. upper 50s to mid-70s. i'll be back with the weekend forecast in just a few minutes. >> thank you. still head at 4:00 a dog's escape from the humane society

caught on camera. surprising place he ended up. also, vatican's embarrassing mistake on medals made to honor the pope. reaction from pakistan after a brave teen didn't win the nobel peace prize. how young girls say malala is changing them. 7 on your side's michael finney will be here taking your questions on twitter and facebook. you can contact michael on facebook.com/michael finney abc 7 and on twitter. >> if this is your get away friday, it's sle going on interstate 80 in berkeley. very tough in both directions, moving but slowly. abc 7 news at 4:00 continues right after this.

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we couldn't just move the tv wherever we wanted. yeah, our birthday entertainment was a mathemagician. because if there's anything that improves magic, it's math. the only thing he taught us was how to subtract kids from a party. ♪ let's get some cake in you. i could go for some cake. [ male announcer ] switch and add a wireless receiver. get u-verse tv for $19 a month for 2 years with qualifying bundles. rethink possible.

in san francisco an investigation on female driver of this blue car. hit several vehicles in the inner richmond neighborhood. police say she plowed into parks cars around 4:00 this morning. some vehicles ended up on top of each other. one woman went to the hospital. >> imagine waking up and finding that. >> yes. google makes privacy updates and mark zuckerberg goes on a real estate shopping spree. >> emily chang is live with today's after the bell report. hi, emily. good afternoon, larry, carolyn. google updating terms of service allowing to use a name

and picture in ads for certain products. users under 18 and excluded from the program and adult users can opt out before the policy goes into affect november 1th. you he made billions helping the world connect but now is spending millions to guarantee his own privacy, reportedly spent $30 million buying up four homes adjacent to his house in palo alto. apparently he just plans to lease the homes back to the current residents. alibaba group and american express investing in the company shop runner. the latest move comes as alibaba trying to get i bigger foot print in the united states as the company prepares for a possible ipo here. stocks rising as lawmakers make progress towards an gremt on the debt limit. your bloomberg silicon valley rising with all 13 members of the index closing in the

green. and broaders trying to take their case against ario to the u.s. supreme court petitioning and skk it to review a reel ruling ario did not infringe on copy right. the suit includes abc, nbc and fox. from bloomberg studios in san francisco, larry, carolyn, back to you vrx a wonderful weekend. >> you too, emily. a zoo employee has been fired after admit sheg was drunk on the job operating the wilderness express train. she came back and took visitors on a round about eight miles per hour before a manager took over. >> the reason that the guests noticed something was wrong we pay by tokens. she dropped tokens and went to pick up tokens she stumbled and fell. and they thought that was abnormal.

we got the call. >> the zoo says she worked there four months and they don't plan to press charges. humane society knew they had a good match when one dog escaped to find his future owners. he disappeared from a kennel in colorado this week. they looked at crams and here is what they saw. he wiggered out, opened two doors to escape and later came back with a family. they found him in their neighborhood and decided they wanted to adopt the dog. the family can adopt him tomorrow. that is one smart dog. >> yes. very, very handy. all right, spencer christian is off but sandhya patel is here. it's friday, weather looks fantastic. the weekend is looking grai. larry just wants to sit around in the sun, right? >> i'll take that.

can i do anything else? >> if you're near the coast you'll have to wait a little bit longer. talking about weekend activities if you're taking the dog for a walk, looking nice. and pleasant. the view from our san jose camera just nothing but sunshine now and temperatures this afternoon in san jose about 67 so far. low clouds at the coast and looking at beach weather next week. get ready for warm fall weather coming up second half of the weekend going into next week. there is a dip in the jet stream meaning we're going to hold temperatures down one more day. tomorrow, you'll start out very similar to today. so overnight tonight low clouds near the coast and then,

late day clearing from the north. we'll see low clouds are burning off, everyone enjoying sunshine. by sunday nothing but sunshine and warmer weather, tomorrow night, temperatures starting out into low to mid-40s in our coldest spots. fremont into low 50s here. make sure sids kidz have a jacket or sweat shirt. afternoon highs look like this in the south bay. 71 redwood city. pal yes alto, mostly sunny afternoon. still about the same as today for highs tomorrow, north bay, it's still cool along the coast and stintson beach, 58. sausalito, 56. heading towards east bay, temperatures a little bit cooler than were you should be.

69 oakland. inland spots into low to mid-70s, san ramone, 70. antioch, accu-weather forecast, a little bit warmer sunday near 80 degrees inland. mid-60s coast side. wall to wall of sunshine. next week's temperatures, tuesday, wednesday, expecting 70s at beaches, low 80s around the bay. and inland that is what fall weather will look like. we'll keep temperatures thursday and friday as well. it's looking good for weekend. >> yes. >> i'm going to sit around those days also. >> why not? >> you do it best. >> thank you. >> up next, how would you like to run into this? or sandhya? a surprise concert paul mccartney gave to thousands. then, new at 4:30... captain phillips starring tom hanks hits theaters. the crew the of the real captain is telling a different

tale than what you'll see on the big screen. i'm kristin zee. are you stressing about bart? we're listening. abc 7 news wants to know how another strike would affect you. post your video message using hashtag deer bart. don't forget to tell

to those who've been denied ewelcome to covered california. now, you can no longer be denied coverage because of a pre-existing condition. enroll today at coveredca.com.

surprise in new york city. paul mccartney played a concert at times square announcing the concert on twitter then arrived in a taxi about an hour later. despite short notice, thousands came out and flocked to see mccartney and the band perform four songs from his album "new". >> a friend texted me. i ran from park avenue. he taught me how to play guitar. i love the guy. >> i couldn't believe it. i was like, no way! just a shock. you know? >> shows appeal beatles have decades later, mazing, 71 years old a legend.

the album "new", it's new and it's "new" and debuts on tuesday. >> you're so excited to see paul mccartney there. >>. the vatican called back about 6,000 medals because jesus is spelled with an "l" as in lesus. >> yes. they were struck in gold, silver and bronze by it tallin state mint. the vatican managed to pull all but four medals, and those four could become valuable because of the spelling error. >> they will be worth a lot of money. still ahead what a pakistani school girl is saying after the nobel committee chose someone else for the peace prize. >> the 2-year-old son of vikings star of adrian peterson died. another man is now on

the -- under arrest for the toddler's death.

nobel paez prize going to a watch dog group dedicated to wiping out chemical weapons world wide. >> awarding the prize to the

prohibition of chemical weapons. the head of the organization helps it will help efforts to bring peace to syria. the group is at work trying to destroy the country's stock piles of nerve gas. >> many are expressing their disappointment at pakistani school girl did not win the award. she received attention after being shot in the head by the taliban, which objected to her campaign for girls to receive an education. the 16-year-old did not address the nobel prize during an appearance today at world bank, focusing on her efforts to make sure every child can receive an education. >> if i dedicate myself to education and it means that i'm helping those 57 million children who are out of school. and for me, their education is important. for me education of every child is important.

>> malala said it would be a tremendous honor but her focus will be on education and world peace. >> much of pakistan was disappointed to learn she was not selected. >> the teen-age girl gave her country and girls around the world new hope. >> reporter: we spent the day in a girl's only girl in pakistan. >> i'm outnumbed by 40 school girls. >> reporter: we found a room full of bright-eyed students their eyes fixated watching for the nobel prize winner to be announced. the favorite, the girl who dared to defy the taliban. >> i want every girl, every child to be educated. >> reporter: she was shot in the head a year ago for demanding rights of all girls to an education. she's now written a new book, i am malala and sat for an interview with diane sawyer. >> i think live is always dang

rurks people get afraid of i people don't go forward, but some people, if they want to achieve goals they have to go. >> reporter: as the girls in her classroom watches, their smiles turned to sadness learning the winner isn't their hero, but instead... >> aworded to the organization for prohibition of chemical weapons. >> reporter: it was a huge upset but the girls show off an unbreakable spirit of their own. >> if she walked into the classroom what would you do? >> we'd say we love you so much, and we are proud. >> though she lost? >> it doesn't matter, we still love you. we are with you. we love you. >> reporter: with millions of supporters malala still has a bright future ahead.. >> diane sawyer's intersue is

tonight on world news at 5:30, then a special one-hour edition of "2020" at 10:00 will feature malala here on abc 7. the 2-year-old son of adrian peterson died in what police say was a severe beating by his mother's boyfriend that. happened wednesday inside of the apartment building in suchl falls south dakota where the boy lived with his mother, police arrested a 27-year-old joseph patterson charging him with two felonies aggravated assault, and battery of a child. >> initial call was a medical call of a child choking. officer arrived and found the child unresponsive. once at the hospital, the medical examinerners found he had injuries that were not consistent with being accidental but consistent with abuse. >> patterson has a prior domestic abuse arrest pleading guilty to a simple assault charge involving a different woman and her child. peterson

returned to practice today and did address the media before news of his son's death broke out of the needsa and he thanked fans and vikings for support but asked for privacy for his family. a fugitive sex offender from canada is hiding in the united states. american owe sishls -- officials say he cannot--they cannot get him. authorities say they know he's in washington state but can't go after him because they zront a warrant for his arrest. canadian police hope to change that. >> get some speculation he may try to cross at some point. the fact he did cross is not a surprise to us. >> charges that had been laid here in canada is exindictable offense. stanley served nine years for sexual assaulting an 82-year-old woman in a wheelchair and two young boys. a zoo keeper in southwestern missouri is dead

after an elephant attacked him. the 41-year-old female elephant charged the zoo keeper, he had been the elephant manager at scoot 25 years, patience arrived in 19906789 she did have a history of being aggressive. the zoo says no disciplinary actions will be taken against patients, that is a direct quote. still ahead a beauty queen in trouble. miss universe accused of tarnishing the image of the taj mahal. but first... >> i love you so much. >> a 2-year-old message of love. the reason her mom is the best. i'm michael finney. today's 7 on your side q and a is just ahead. you can contact me right now on abc 7 and on twitter at m finny. i'll answer questions here live later.

>> low clouds hanging tough. a look at the forecast coming up. the skyway downtown san francisco ugly if you're heading from left to right on the lower deck of the bay bridge. bart is running, imagine what this would look like without bart. back with more at 4:00. people go to a mattress store, and essentially they just get sold something. we provide the exact individualization that your body needs. before you invest in a mattress, discover the bed clinically proven to improve sleep quality. once you experience it, there's no going back. oh, yeah! at our columbus day event, save $500 to $700 on the final closeout of our performance series mattress sets. but hurry - ends soon! only at a sleep number store, where queen mattresses start at just $699.99. sleep number. comfort individualized.

check out this shot from a couple in western pennsylvania. they couldn't believe when they looked to see a young

with a ball stuck in his antlers. he snapped pictures and they have lived in their home for decades. they say they've never seen anything like it. do you think it's -- it looks like someone place aid ball there. >> i like they took a lot of pictures did he try to pop it out? >> you know, i don't know. most deer would run from humans. >> i don't know. we have a lot of docile deer in our neighborhood. i can't imagine getting a basketball in between horns, however. >> okay. a little girl has become an internet sensation forgiving her mom a memorable video for her birthday. listen. >> hi, mommy. i just want to say, happy birthday! you're the greatest mommy. i love you so much. >> the 2-year-old lists

reasons why she loves her mother starting with your beautiful and the best cook. >> this clip has been viewed more than 550,000 times and as you might imagine claire had help from dad, who just happens to be a professional photographer. we have the video posted for you on abc 7 news.com if you'd like to check it out. >> she had a toy in her hand. i didn't know what it was. >> that is very cute. >> checking now on the forecast. >> yes. she's really cute there. right now, some low clouds near the coast side. palm springs 86 degrees. in los angeles sun snin shining once clouds here, here in the bay area, low clouds clearing away there.

temperatures the same tomorrow, 64 san francisco. upper 60s around oakland fremont 74 antioch and livermore. 71 san jose. sunshine, this weekend a lot happening. art and wine fest va. low clouds in the morning. later in the day, temperatures into 60s and niners playing on sunday against cardinals. that day, mid-60s warming up for sunday afternoon at 4:00 p.m. warmer next week with 70s to 80s. >> coming up a of young boys show support for breast cans

year wareness month. plus... a musician bringing his message to the bay area. i'm michael finney. a chicken salmonela outbreak, what should you do before cooking a

miss universe could go to jail for a fashion shoot in india. she posed with red high heels made by an indian fashion designer. india's heritage acts bans commercial activities at the taj mahal. she did ask the crew if it was inappropriate. miss universe says waits not intended to be a commercial shoot. they face up to two years in prison if convicted. >> one of israel's popular recording artists is in san francisco using his music to

bring different cultures together. this is a international collection of musicians working with an israeli recording artist who believes music can bring people together. he visited abc 7 to talk with me about why this project is unique. >> you're seeing our own native languages, over 95 musicians recorded on international projects. youngest member is 16. young spirits are 83 and 91 years old. >> this is not a band.

>> he says his project brings voices of musicians from main stream radio in israel. >> when talking about peace agreement and the struggle from peace, people that just start listening from music to both sides. >> once hearing from performers you stopped looking at color, how they look. just understand they're like you. yes. through his music. >> reporter: is he sharing music with the san francisco bay area offering free music down loads. cheryl jennings, abc 7 news. we have breaking news along the north coast. a 5.0 earthquake in the ocean

about 30 miles west of eureka. about six miles deep, no tsunami warning has been issued at this point. no reports of damage or injuries however this is a moderate quake. we'll keep you updated on developments. a group of boys from north dakota showing true colors when it comes to breast cancer, five third graders decided to dye their hair pink. william smith cape wupt idea then talked friends into doing it. they jumped at the chance. >> because of the people that have breast cancer people trying to get rid of it and people that died, we're just doing to it support them to, make it through. stuff like that. >> the parents say they were surprised at the idea but all say they're proud of the courage and willingness to help out. >> and they look cute.

>> they do. >> turns out the committee had to turn to twitter today just to contact the winner. the organization sent this out, please contact us, we're trying to get through to your office, minutes later a second tweet. we're still trying to reach opcw. >> the watch dog group did get the good news. i don't know if they heard it from committee. >> or checking their tweets. >> yes. check the feed at this point. >> yes. >> consumer news, michael finney here now answering questions sent to him. and michelle ready asked i had people calling knee ask if they can paint my house number on the curve. i have it on the curve is this a scam? >> it is a scam. it used to be just kids going door to door. in many communities it's

illegal do-to-do that. paint ends in the bay. in san francisco not allowed to do it there, either. they used to like it because first responders would use numbers. they have gps now. they don't need numbers on the curb. >> okay. >> this question, i'm signing up for a health plan providing a credit card and charge first month premium immediately. it doesn't start until january 12014. >> they're allowed to this before guaranteeing you insurance, now here is a good thing. you're signed up there is no reason to give it to them now, you can wait until the last week in december, then you're insured. and will start a couple days later. >> anna asks should i make sure to wash chicken before cooking it? and have you new numbers on

salmonela? >> yes. outbreak in california led to 317 people being sickened. so numbers have gone up. the majority of the ill nes are here in california. >> we have that at my house. you're never to wash chicken or raw meat before you cook it. the reason is, when you splash, it gets around your sink and counter. if there is salmonela you've spread it around the kitchen. you're supposed to cook items not wash items. don't wash. >> key is cooking at. >> don't mildly cook. >> yes. >> thank you. >> sure. >> that is right. coming up tonight at 6:00 how to get hundreds of dollars back for buying energy efficient appliances and ones that don't qualify, tonight at 6:00. and tune in for finney's friday free stuff. >> good stuff.

>> food? >> no. >> no food. >> okay. well, disappointed. >> yes. >> okay. >> coming up next drama for captain richard phillips. >> why some crew says he's no hero. >> i'm an ashly. coming up at 5:00 a law student is accused of a hit and run crash. the man police say she ran down. and facebook ceo mark zuckerberg goes on a real estate buying spree. why he's requiring some neighbors to sign confidentiality agreements before he writes the check. that is at 5:00. news

to thosuffered in silence... hoped... and lived in a state of fear... welcome to a new state... of health. welcome to covered california. the place to find quality, affordable coverage. financial help for those in need. and nobody can be denied because of a pre-existing condition. enroll now at coveredca.com or call 800-675-2607.

here is tonight's prime time line up. at 8:00 last man standing then 2020 at 11:00. >> amazon just unveiled a luxury store. there, shoppers can find products from 24 prestige brands. and known as the world's largest online retailer. the company's director says this addition is in response to consumer requests. >> growing controversy over the new film "captain phillips".

>> a lawsuit has been filed by several crew member who's claim the real captain phillips led them into dangerous waters. this film based on true story of the 2009 somali pirate attack. but the crew claims the hollywood version is fiction. >> captain himself ignored warning signs and put every person on this crew at risk. that is the real injustice here. >> nine crew members have filed a lawsuit against the piping -- shipping line. >> captain phillips says the route had bnt farthest he'd

been from somalia. >> ships are taken 1500 miles out. so it didn't matter. >> phillips offered himself as a hostage in exchange for his crew's safety. he came home a hero smrks singing his praises. >> he's driving the ship giving orders calling out over a radio where pirates are. he's incredible. >> a story, controversy. that could now lead to an incredible weekend at the box office. >> this can only help the movie because it's drawing more attention to captain phillips and will drive more people to theaters. >> the crew members claim they warned the ship was too close. that case goes to trial in december. >> thanks for joining us for abc 7 news at 4:00. >> abc 7 news at 5:00 begins right now with dan and cheryl.

a hastings law student accused of a hit and run accident that left a man had a coma. what friends are saying tonight. >> bart trains are running but a possible strike could come as soon as monday morning. we'll hear from people being affected. >> i'm sandhya patel. low clouds keeping us on the cooler than normal side today. i'll let you know when you're going to feel autumn warmth, coming up. >> good evening. a law student is in major legal trouble tonight. >> that is young. a young oakland man is in a coma following a hit and run accident last weekend. police say the 25-year-old was an innocent bystander run down by a law student. >> the 26-year-old is charged in this hit and run case tonight. >> laura anthony is live with the latest.

laura? >> reporter: yes this, is where this went down last weekend. in front of the ruby room here on 14th street. lawyers told thus may have overreacted and she may have panicked but did not intend to hurt anyone. victim's friends see it differently. so do police. in the mean times, the friends are trying to help. her lawyer says the law student was trying to get way from the situation where she'd been attacked. >> we're prepared to say is that she was beaten, she was robbed. her life was threatened. she left in a panic. and someone got hurt. >> reporter: the 26-year-old was out on bail charged with assault with a deadly weapon for running down a 25-year-old james roda with her car. she can face a dui charge pebd pending the outcome of a blood test. police say she left the ruby

room bar saturday night, once outside saw people spraying graffiti on a library wall and kron kon fronted them. her lawyer says the group turned on her, police say she got into the car, trying to run down the people she thought were her attackers. hitting bystanders james roda instead. >> he did go into surgery for swelling in his brain that wasn't going down. >> reporter: roda's friends told abc 7 news he's in critical condition in a coma with a severe head injury. >> over the years he's blossomed into an mazing human being that loves so unconditionally and loves to make everyone laugh. >> reporter: the original red onion where he works as a cook start aid collection for him. so have his friends. >> we want to return the favor. you know? just keeping hopeful and send him as much good energy as possible. >> reporte i