saw one pointed your way after you told a suspect to drop it, what would you do? >> holding it in his left hand he began to turn in the direction of the deputy and he moved the gun towards the direction of the deputy the deputy's mind set sthae was fearful he was going to be shot >> yesterday that sheriff deputy fired three rounds into andy lopez of santa rosa. a 13-year-old boy, whose friends say was a good kid minding his business >> he's a good kid he wasn't bad >> if he would have been told, straight put the weapon down, they thought it's a weapon he would have done that >> he was a good kid? >> a good kid a kid he was 13 years old >> reporter: at cook middle school a memorial to the young man who liked playing basketball and throughout sonoma county questions about how this happened >> this is not a reason to kill people like that

you know? >> he knows more about the shooting than most he had seen the boy carrying the toy gun moments earlier and warned him to put it away then, in his rear view mirror watched a sheriff pull up, stop, and shoot less than 50 feet behind him >> he pulled over to the kid, walking to the kid walking on the side and he just opened the door and shoot him three shots on him >> reporter: did he warn the kid to put the gun down? >> i don't hear anything like . that i'm 50 feet away but stopped >> >> reporter: watch something >> yes. i am watching >> reporter: his account it was three seconds only, three seconds he said between the time the police cruiser pulled up, and pulled the weapon, and shot the young man the sheriff deputies would not

specify how long they waited before pulling that gun we should add mr. mondragon gave that story to police yesterday, one of the investigating agency as long with the petaluma police the santa rosa, they'll be investigating this case along the sheriff's office did not take any questions today there was a statement today however from sheriff that reads in part quote the public expects that the investigation will be thorough and transparent and i will do all in my power to see expectation is satisfied and added that he has two sons about the same age and he cannot imagine the family's sorrow live in santa rosa, abc seven news >> wayne, thank you very much national transportation safety board wrapped up a reenactment of an accident that killed two bart workers

abc seven news is live in walnut creek with more on this laura? >> reporter: this investigator put two mannequins on the tracks the train never hit the mannequins but investigators did position them in a way they believe shepherd and daniels were standing at 1:53 saturday afternoon >> these two mannequins are meant to represent two bart workers killed on saturday in this national transportation safety board reenactment, each has backs to the eastbound traffic investigators believe they did when they were struck >> responsibility of the safety is on themselves the inspector and consultants required to remain together for duration of the activities and one of the pair is to be designated a lookout

>> national transportation safety board said chris shepherd and larry daniels had gone on the tracks saturday after getting with a bart safety man yule called simple approval mean, one man works, another is a spotter off the track, constantly looking for an oncoming train >> there is a simple approval you're asked and you -- all workers know have you to provide your own protection not interfere with main line or yard operations and there is an addition yl read back you have to say you must expect trains on any track at any time >> reporter: from the reenactment it appears neither was acting as a lookout this is just one part of the national transportation safety board investigation the rest will be conducted back in washington, d.c. >> the national transportation safety board has taken custody of all image recording equipment on the trains >> national transportation safety board says the full investigation could take several months in walnut creek abc seven news

>> riders were frustrated over the strike but one man went far, too far, saying he threw a hammer at striking workers mob monday, coming within 15 of the group >> we showed you stunning amount of graffiti at glenn park bart station yesterday done while the station was closed barlt says they're gooding to wait until 9:00 tonightwññ clean it up there is damage and clean up going on in bay fair as well, nine stations saw some kind of damage or >> reporter: police are looking for individuals responsible for damaging bart property and arrested two men they believe the public may be able to help them identify

others this man has been working since day break to remove thick, heavy paint from walls of the bart station this and this have been reduced to this police are investigating more than half of a dozen instances ng vandals during the strike >> annoying gv >> and costly where as clean up of the bay fair station is moving along, at san francisco balboa park station it's different everyone you look, a surface is marked with paint benches, walls and train's third rail much of the damage in area that's can only be accessed when the trains aren't running. >> nobody wants to visit a station to see painting on the walls >> reporter: that is why the deputy chief and his team are using surveillance video on day two of the strike police arrested these men, a 23-year-old and 25-year-old for

suspicion of felony vandalism at richmond yard >> it's a taxpayer and patron that's bear the brunt of the cost >> reporter: damage will take many days and dollar to repair >> that is frustrating it's going to come out of our costs we're going have to pay for damages >> reporter: one more reminder the strikeí&0a may be over but affects continue to linger nick smith abc seven news and bart police are asking anyone with information about the damage to please give them a call we have the number for you on our web site abc seven news.com look under see it on tv you can remain anonymous >> you'll be glad to know there is relief for bus riders an ac transit strike planned for tomorrow will not happen today, a superior27ñ court judg granted a 60 day cooling off period and mechanics and drivers rejected two agreements the new negotiations will focus

on issues like bathroom, meal breaks >> i don't think either side understood the depth of the employee sentiment around a lot of the issues and coming home >> last offer rejected by ac transit drivers gave them a 9.5% pay raise the 60 day cooling off expires just before christmas a san francisco gardener accused of hitting and killing a sun bather made a court appearance today the 58-year-old pleaded not guilty to felony vehicular manslaughter and felony hit and run charges he is accused of running over and killing a woman in a city vehicle she was sun bathing with her child and dog when hit his defense attorney says he swerved to avoid hitting the dog and left the scene

police found him and his city-ownedford truck not far away >> two bay area men accused of bilking several million dollars apparently reached a plea deal with prosecutors the story first on abc7 news.com, they were learning the victims in this case will not receive any restitution the ngs could face ten years in prison and a fine on each case the civil case is pending a settlement for a former police officer who pepper sprayed students during an occupy rally a judge approved a $38,000 worker's compensation claim he said he suffered depression and anxiety after death threats sent to him and his family over that pepper spraying in

november, 2011 a mangled car is what is left after berkeley police chased a man they say beat another man so badly he is in critical condition police say during the chase, the suspect hit a police car, kept going and slammed into a tree you can see the vehicles right side just sheared open after the driver hit that tree terrible accident police say the chase started at center street it ended near the north berkeley library the man crashed his car he is under arrest for attempted murder and then, there is this the story of a drunk driver that could have had a very different outcome just after 3:30 this morning the patrol got reports of a car stopped, and blocking the slow lane of northbound 101, south of 580 when officers got on the scene the car was in the fast lane and looked like no one was in it but in fact the driver's seat was reclined and the driver was lying there, sound asleep

officers shouted, knocked on windows and shined lights only after minutes that have did this guy wake up he's now charged with, among other things driving under the influence that could have led to a terrible crash >> unbelievable l listen to this bed bugs in the bay area covered in bites and an infestation residents say is out of control what they say they're forced to do to stop the problem >> plus, on time most of the time the airline that is number one getting you where you need to go >> autumn means leaves on the ground michael finney teams up to tell us which leaf combloers are the best on the market abc seven news at 5:00 continues in 60 seconds

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the last patient treated for asiana airlines crash has been transferred from the hospital she arrived with complex, life-threatening injuries she suffered a spinal cord injury resulting in paralysis as well as severe intestinal injuries in july she underwent 30 surgeries during her 15 week stay >> residents at a concord apartment complex filed a lawsuit over a out of control bed bug infestation they say are endangering their lives tenants say they have complained for months, about the growing problem of bed bugs and

cockroaches that are running rampant through the complex they say not enough is being done so they've hired an attorney to try to force the landlord to clean up the property >> as a human being we're tired of it we're living worse than animals full of -- at night, we cannot sleep we get bitten by animals very marks all over my body >> well, the owners have not returned calls from abc seven news looking for comment three school students hurt when a police officer's gun went off during a safety presentation the weapon had been mounted on a police motorcycle that was on display during an antidrug event somehow it went off all injuries were nonlife threatening but students were taken to the hospital just to make sure they're okay a spokesperson for chino police department say have launched an

investigation into that mishap >> each year the cost of college tuition seems to go up but this year, grew by smallest amount in more than 30 years accord together nonprofit group college board, the average price for a four-year school rose 2.9% this year, last year went up 4.5% increasing 8.5% the year before that financial experts say this shows costs will not continue to spiral out of control as many predicted california kids healthier this year, too though there is still not where officials want them to be the state tested a million kids in 5th, 7th and 9th grades they had to do push up and sit ups only a quarter of fifth graders could do i a third of 7th and 9th graders could the numbers up from last year officials say healthy kids need healthy food, clean water and physical activity

>> consumer reports have partnered with seven on your side to figure out the best buy for leaf blowers 50 combloers were tested >> yes. michael finney now on do the best job >> got leaves? a leaf blower can sweep them into a tidy pile consumer reports testers used this enclosure to see how fast they worked timing how long it took to clear the area they embedded leaves in the lawn covering them with sawdust for smaller yards electric hand helders are a choice >> they blew nearly as fast as best gasoline blowers but half the price >> top pick is toros ultra

blower vac it's 75s sxdz can vacuumsy leav, too if you need to go a distance gas-powered blowers let you move without a cord >> top gas blowers got the job done but they need fuel and require maintenance >> for $150 a husk varno is a best buy and not as noisy as other gas blowers another option is a backpack blower shifting weight from arms to shoulders >> backpack blowers do cost more but having the weight on the back makes it easier >> consumer reports recommends this riobe a $200 small fan, mounted sideways making it function like a bigger blower one caution about backpack blower it's among loudest tested but

consumer reports says nearly all leaf blowers can damage ears so wear hearing protection when ever you use them >> new statistics one out of five every five flights suffered a delay, that is an improvement the department of transportation reports this week that nearly 79% arrived on time, up from 73% in july the airline with the best on time performance, hawaiian airlines followed by alaska >> flights delayed at san francisco international airport for the second day, there is a reason heavy fog across the bay area may be the case again, tomorrow, >> well let's find out >> yes >> sandhya patel is here in san francisco with the accu-weather forecast sandhya? >> yes we're likely going to see delays again tomorrow

airports tomorrow, as you look behind me, fog already starting to make it's way across the bay i can see treasure island but can't see east bay hills in the fog are we in june gloom? or, october? really seasons are confused live doppler seven hd we'll talk about our weather fall is summer i know it's hard to tell socked in along the coast now live doppler seven tracking fog north bay interior valleys going under a dense fog advisory 11:00 prime minister tonight until 11:00 tomorrow morning we're looking at hazardous driving conditions visibility less than a quarter mile at times 3:00 a.m until 11:00 a.m east bay hills camera showing a beautiful view there temperatures now it's 53 degrees in san francisco oakland, 66 mid 60s in san jose half moon bay feeling the chill

at 50 degrees, high temperatures in areas running lower the high in pacifica, only 50 degrees because of the fog up to 84 in livermore, from our sutro camera, you can see fog over san francisco keeping you under humid conditions, there santa rosa, 69 it's 65 in napa 78 fairfield away from the coast and bay you're enjoying sun in livermore, 78 degrees, here is a bright sfru our san jose camera. areas of dense fog tonight cool to mild next few days and going to get warmer into the weekend so things are changing high pressure still controlling factor meaning blocking ridge going to keep the rain away so how are we doing? january, through october, san francisco driest on record so far since record keeping began we've only see 3.94 inches of rain

since january 1st of the year previously just under six inches in 1976 not a good sign going into rainy season but we'll hope for rain looking at the pacific here, we're still watching raymond it's weakened to a tropical storm still dumping rain along west coast of mexico winds 50 miles per hour expected to continue to move away from mexico and it will weaken more by friday morning so that is good news for those folks there if you have some loved ones out there tomorrow morning give yourselves plenty of time for morning xhult foggy, hard to see out there you're going to have to bundle up it's going to be another chilly one sun will be shining pin -- pin anyone slashgs 54 degrees

in the north bay, 72 towards east bay, the sun will break through later in the day 65 oakland, inland spots 76 antioch and fairfield looking at the accu-weather forecast, patchy fog going into weekend meaning temperatures will rise in time for weekend plans, upper 50s to low 60s coast side low 80s inland cooler next week, low 70s inland so seeing changes around here but until then, i think hot coco or a mocha, coffee something keeping you warm will come in handy live from the roof of the kgotv broadcast center i'm sandhya patel >> now you're talking thank you very much >> just ahead in the financial cross hairs an $8 billion company may get a new owner >> also, to the moon nafta sets a record then an urgent apple to help a man devoting his life to helping

kids how he's been cheated out of delivering his message at 6:00 we'll be right back here

safeway taking another big step towards a potential sale the chain has hired goldman sacks to explore a potential private equity take over this, after safeway received clearance from officials to sell its 212 unit store division in that country >> a man lost a bundle on the giant blimp spy ship the army called it, take a look at this, the long endurance vehicle is as long as a football field, seven stories high the military spent $300 million to develop it. the l.a. times says the pentagon cancelled the project after a test because tight budgets, delays and winding down of combat operations

it's been sold back to the company that built it >> nasa using lasers to communicate with the moon just set a report nasa used laser beams to transfer data to and from the moon at record-breaking 622 megabits her second the space agency says it will help transfer video space and stay in contact with that craft >> when am i going to be able to do that on my phone? coming up on earth daredevil on a bike >> if this gets your blood going wait until you see what it does on the story scary

to those who've encountered welcome to covered california. new, affordable health plans so you can be ready for whatever comes your way. enroll today at coveredca.com. coming up at 6:00 a

controversial water front high rise in the hands of voter s. >> also, a chance to buy a piece of silicon valley's next big thing that could help start ups raise cash >> and from michael finney a tv buying experience should inspire to you open the box sooner than later coming up in half an hour on abc seven news at 6:00 >> down hill mountain biking looks like a thrill one went all out to prove it >> here is the view from the camera. he made mountain biking history pulling off a back flip over a 72-foot canyon in utah >> this is heart stopping video of the spectacular feat his extreme back flip wasn't enough to impress judges you believe that? >> no he went home with only second place in the red bull challenge >> i like the fact he took us along for the ride >> yes i would rather go with him >> thanks for joining us i'm cheryl jennings

>> we appreciate your time as always, join us again at 6:00 welcome to "world news." tonight weather whiplash, temperatures suddenly plunge across america, now shivering through what could be one of the coldest world series ever. a beloved teacher tragedy, a 14-year-old boy stands accused of her death. real money, saving $1,000 on cable, internet and phone bills. how your family can save a lot, too. and a royal wave tonight from a future king. and a good evening to you. we begin with the head-spinning shift in the weather tonight. from north dakota to maine, families trading yesterday's shorts for parkas and ear muffs. what a difference 24 hours makes, and in ju