>> good afternoon, everybody, i'm larry beil >> i'm carolyn johnson after a bart labor negotiation, both sides saying they're happy with the tentative deal and hoping to heal the labor management rift. >> abc seven news joins us live in oakland with today's revelations on what workers will be voting on, and when. heather? >> reporter: it's not over until it's over with the vote but fdiu leadership says it's

100% behind the deal. no indications atu is different. so it seems maybe bart gave up more than it intended in negotiations the board president said they won't have agreed to it if they couldn't afford it. >> it took two strikes, marathon bargaining and behind the scenes maneuverings we'll probably never know about but there is a deal that should keep trains running for at least the next four years. somehow, both sides seem satisfied >> we feel we bargained a real contract. the fact we're being slammed from right, left on this. may mean we hit the right bag with it. >> workers who have had had a raise for four years will get 15.4% over four years. they'll start contributing to passengerses, reaching 4% and health care contributions will increase from $92 to $130 a month for all bart workers.

vesting period for retiree benefits increases from five years to 15. for bart, that long-term savings takes a sting out of failing to get some of the work rule changes it sought >> some work rule changes we've got dworg to be important to us things like change investing. if you won't see it in first four years, you'll see some things but they're further out >> they will vote from 10:00 a.m to 10:00 p.m november 1st and count immediately following bart schedules a vote once goth unions have ratified. >> i apologize for the inconvenience that all people of the bay area had to endure through the strike as well as through the whole negotiations process. >> the next challenge will be healing the rift between bart and unions, and possibly changing the bargaining process. abc seven news.

>> i'd like all of us to observe just a moment of silence for our two deceased co-workers. chris shepherd and lawrence daniels. >> the board started with a moment of silence for two workers hit and killed by a train saturday. yesterday, ntsb put these mannequins on the track as part of a reenactment. following the accident bart suspended a controversial policy that makes crews responsible for their own safety. part of the deal between bart and unions two sides will form a joint committee to properly address safety issues and take corrective actions the workers who were killed have been identified as a 66-year-old larry daniels and 58-year-old christopher shepherd >> bart is back into office after a major delay because of a fire last night at orinda station. a bart spokesperson says the fire was in a semi conductor box under a car, but

the cause is still under investigation. that fire forced bart to shut down one track several hours delays extended into this morning. >> there are changes coming to bart's bike rules starting december 1st bart will allow bikes on all trains at all times except during peak commute hours, prohibited from first three cars of trains between 7:00 a.m and 9:00 a.m and 6:30 and 4:30 p.m an autopsy for andy lopez of santa rosa, shot and killed by a sheriff's deputy, who thought lopez was pointing a real assault rifle at him. the toy and bebe guns sold with an orange tip so police and people can tell them apart. but his friend explains why this gun didn't have a tip >> because last time he brought it over, he was playing it down.

it fell and broke. >> sheriff officials say the deputy ordered lopez to drop the gun twice saying the boy had no language issues the police department is investigating the shooting saying they hope to learn more from the autopsy >> road rage may to be blame for a shooting in fremont police say it happened on brown road off mission boulevard. one driver pulled out a gun and hit a man at least once. police believe this may have started because the shooter thought the victim may have been driving too slowly on the freeway. the victim drove to a strip mall for help. >> they come in and say they're calling police. i heard someone got stuck outside. >> he is 59 years old living in pleasanton. he's expected to survive. a german sheperd in the car was not hit by the gunfire, at this point police don't have solid descriptions of the shooter or vehicle this, is the

second road rage sdags in a week >> sheriff deputies looking for these men, they believe these three attempted to sexual assault an 18-year-old woman robbing her the victim walking on elgin street last thursday. authorities say she fought with the men until they got back in a vehicle and drove off >> pediatric nurses and community leaders upset by a plan to stop providing hospital beds for children at that location we're live with fallout from the announcement. laura >> reporter: as we speak, nurses are having a rally there on the corner in front of the hospital. there is a small pediatric wing. nurses say will be hard on families a top kaiser official saying sending to oakland will be better for them

>> we're concerned >> kristin winters has been a nurse at kaiser hayward 37 years, she and fellow nurses worry about the plan to close its pediatric facilities here november 17thth meaning a child that needs to be hospitalized will have to go to oakland >> if they want to have specialized services, most patients don't require all of the specialized services. they would rather be in their community close to home. >> kaiser maintains there are four or fewer children in the hayward hospital and 99% of the care kaiser provides here is delivered through out patient services. those offices will stay open until 2014. when aging campus will close moving eight miles up the road to a new facility. >> children do better in instances that are taylored for

pediatric care >> that is the system's medical center in oakland where a new facility is under construction >> we know that families want to go to get the best care, including some specialized care for patients and children. >> 26 pediatric nurses in hayward will be disaccomplice placed from jobs but can apply for positions elsewhere in kaiser. in hayward, laura anthony, abc seven news. >> two prominent sports programs at cal not making the grade. graduation rate report shows just 44% of cal football players finish their education, worst in the country among major college programs total worse on men's basketball team, just 38%. national average for major football program is 71%. keep in mind the data we're talking about here measures a time period from 2003 to 2006. so it doesn't have anything to do with a current coach at cal. cal athletics have a 78%

graduation rate. officials say results are disappointing but steps have been taken to try to improve scores the graduation rates for same sports at stanford much, much high yefr -- higher >> from cal bears to a bear in pasadena. take a look at this little guy on the loose in pasadena area near the rose bowl. the bear has come out of the neighborhood back in the hills but there are game wardens tracking him now >> there are people on twitter talking about how he's too close to their properties. he's back up in the hills now. and the camera zoomed out you'd see officials as well as police officers trying to make sure he doesn't get too close to any people. he looked cute, cute on close up shots. he could have killed you in a second. we're hoping this resolves peacefully >> yes. police are telling people just stay in your homes for now. just don't go out

>> right. right >> looks like he's trying to get away from everyone. >> let's hope it ends nicely >> checking in now with spencer christian. >> looks cute from a distance, we've got really lovely conditions around the bay area now after fog held on much of the day. now, it's pulling back away. we've got sunshine breaking out all over the bay area, what a different temperatures. temperatures down today and now, we're looking at 24 hour changes. 19 degrees cooler in livermore now. we've got concord, novato and fairfield 11 to 12 degrees cooler but one degree milder in sfo. how about a live view of blue skies over the bay. temperatures mid to upper 50s in san francisco, oakland and san carlos, los gatos, 63. looking at traffic crossing golden gate bridge, we also have temperatures into low to

mid-60s, at santa rosa, napa, novato and fairfield. upper 60s. and now, looking at just a few thin, high clouds moving over the bay from our camera, first forecast, looks like areas of fog around the coast and bay this evening, lingering fog in the morning hours, then cool into afternoon under partly cloudy, mainly sunny skies highs from 54 at the coast to 74 inland. >> thank you >> still ahead on abc seven news at 4:00 an exhibit that has monkeys hanging around outs side exploratorium >> plus a school sdrnt a plane around but will in just six hours, that story coming up. >> and who is to blame? the finger pointing followed a troubled roll out of the government's health care web site. >> and our live look at traffic now at 4:11. this is highway 280. oncoming traffic headed to

cupertino. up above you can see 17 on the right going towards santa cruz. back wi

popular sand castle competition at ocean beach has been rescheduled the contest will take place saturday, november 9thth. you're looking at video from last year's competition. 20 local schools participate, more than half of the money from the

contest goes towards a youth arts advocacy organization >> you can see kids having fun. they're locked in. >> yes. hopefully, weather will hold >> yes >> on to business news, twitter set ipo price and pinterest raising big bucks. >> emwilly chang is here with this afternoon's after the bell >> reporter: report good afternoon, twitter set ipo price range in an updating filing the company says it will sell 70 million shares at 17ses today $20. under those prices twitter could raise $1.4 billion and he evaluations of $11 billion. currently less than a tenth of facebook's market cap. microsoft reliance on software, the software giant reported sales rose 16% from last year. good news for microsoft as it faces changes from conducting a ceo search to overhauling its

corporate structure. >> pinterest raised $22 million the bulk now values scrap booking start up at $3.8 billion, higher than some companies like zynga and aol. u.s. stocks rising today sending s and p just three points shy of a record high. your bloomberg silicon valley also higher. well, latest battle over copy writed -- copy righted music taking place in skies sony accusing united airlines ever playing music and video without sony permission from. bloomberg studios in san francisco, larry, carolyn, back to you >> thank you. an or the exhibit considered among coolest ever presented at burning man is on display >> called humoroborus. you can

see it along embarcadero >> easier to look than say it. that is 18 monkeys. visitors bang drums and that rotates the ring of monkeys >> it was turned into a scene of a monkey eating an apple. the exhibit debuts at 6:00 tonight. i notice people stopped in the middle of embarcadero yesterday, staring at this thing. trying to figure out what it is >> it is captivating >> it is >> no. they're not real >> some lucky person in fresno hit the power ball jackpot worth $216 million. >> it was only ticket in the country to match all five numbers plus power ball. purchased in a fast and easy convenience store in east central fresno the manager says he has no idea who it could be but says he's crossing his fingers

>> i can't say anything. too many people play. so hopefully it's a friend. if they are, it's my best friend >> he will get a commission worth $1 million >> wow >> they're all going to have a lot of friends >> yes >> good times >> everybody's friend, spencer christian now. >> now, the sun burned through, maybe. yeah. the fog kept temperatures down. at 3:00 the sun just came through. you can see the low clouds and fog pulled back away from much of the coastline now. certainly away from inland communities. so nice, lovely out there at the moment. here is a look at our cloud patterns today. lots of wide spread low scomploudz fog. mid afternoon, all burned away giving way to sunny skies. you can see here in the golden gate right here, nice, cloud free. a forecast features wide spread fog again, overnight tonight.

milder weather settling in for the weekend then turning cooler early next week. going on to satellite image, you can see an approaching system might produce changes into the system. it's a weak system. what it will do is bring us high clouds, we'll start at 7:00 this evening, notice overnight a wave or two of high clouds over the weekend sunnier weather both day was highs up to around 80 degrees inland over the weekend. now, there is a drought report, let's close in on our region. california. notice orange here indicating areas of severe drought for our, much of california down here in south central, it's red, extreme drought. we're really dry. can use rainfall, so bring it on. it won't be tonight. just advance of low clouds and fog pushing

inland low temperatures mainly into low to mid or mid to upper 40s, then, tomorrow, sunny skies after a partly foggy and high cloudy start we'll see sunny skies into afternoon but still high clouds around. milder than today, high temperatures mid to upper 50s on the coast and on the bay. low to mid-70s inland. just the start of a warming trend or a milder trend settling in over the weekend. here is the accu-weather forecast. notice we warm up nicely saturday and sunday, temperatures dropping off on monday and tuesday. inland highs into 60s. and then, milder weather towards end of the week. thursday, by the way is halloween. looks like nice, mild weather. and all ghosts should be happy >> and dry >> dry. yes. >> so often it rains on halloween iet does. all week, we can use the rain but it would be nice to hold off until after halloween >> some south bay tech workers

wanted their desks today they were still hard at work >> yes. they were on a mission because they're trying to make things better for kids at local schools. play time will come soon enough. and dave, looks like david may have been enjoying some himself. >> you're right about that. you know this playground didn't exist at 8:00 this morning but 300 volunteers did report for work here today mixing concrete, erecting equipment, and raking mulch to help kids learn, and play. if three is a crowd, imagine almost 300 people all building a playground within six hours. >> this will change lives. these kids have to walk today. 20 minutes to another playground. 20 times of instructional time they don't get. >> caesar chavez academy never had a playground but thanks to

volunteers they will. they built six playgrounds under a group with a goal of creating kids for kids to play. the community is pitching in, raising 8500s sxdz volunteering today. cornell garland's 6-year-old is at school here >> we talk about what to pick out for the playground. you know? everybody makes decision we all voted. what is best for the kids >> this dream has been two years in the making. >> there are designs and development of the first motor skills. to have a playground going to meet the he needs of the kid is phenomenal >> the teams are supervised by two licensed playground contractor s. >> when you finish and look back and see the playground completed it's a -- an awesome feeling then, seeing the kids coming on, saying thank you.

>> the children did just that. one small group at a time. >> can you say awesome? amazing? >> the playground ready on schedule, but the children zil to wait until monday for the concrete to dry n east palo alto, abc7 news >> that is cool >> yes >> coming up next, a new man in "50 shades of gray" >> then, art made from an

and why can you move the tv out here? the wireless receiver. i got that when i switched to u-verse. but why? because it's so much better than cable. it's got more hd channels, more dvr space. yeah, but i mean, how did you know? i researched. no, i-i told you. no. yeah! no. the importan and i got you this visor. you made a visor! yes! that i'll never wear. ohh. [ male announcer ] get u-verse tv for just $19 a month for two years with qualifying bundles. rethink possible.

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meet the new christian gray. he has been chosen to play the lead role in the movie version of the steamy novel "50 shadeses of gray". you may recognize him from "once upon a time". he replaces another actor who recently withdrew from the lead. "variety" reports says dakota johnson may have somebodying smg to do with the decision >> there is some part if it had just to inform the team she was comfortable with who she's testing with >> shooting planning to begin in november the movie expected to be

released in august >> you know the saying you can't find a cop when you need one? one family's 13-year-old son was choking and they couldn't dislodge it >> just in time two, troopers performed heimlich maneuver. trooper james hern able to force that nugget out. julian is fine, didn't need to go to the doctor >> wow. talk about right place, right time >> still ahead who is to blame for a mess of the health care web site? what the contractors responsible are saying about the snag s. >> broken trust. one of the powerful women in the world responding to claims u.s. was eavesdropping on her cell phone >> a picture captures a politician in a party where to those who'v to those who've waited... worried...

poked and prodded... taken risks... and lived in a state of "what if?"... 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 1-800-752-6631.

this is not a game of cat and mouse this, is people of the united states >> the first congressional hearing on troubled roll out of the government's health care web site held today. lawmakers want to know why there have been so many glitches. designers saying hey, don't blame us

>> they say it was the government's responsibility to test and make sure it works >> reporter: lawmakers from both parties have been chomping at the bit about the problems on health care.gov. today they got their chance >> amazon and ebay don't crash the week before christmas and pro flowers didn't crash on valentine's day >> after footing the bill, the american people deserves something that work s. >> frustrations directed not at officials but the contract kwloerz helped i build the web site. they say it's not their quality. cgi is the lead contractor. the senior vice president says the program has eight required reviews before going live october 1st. >> from cgi perspective our portion of the application worked as designed >> reporter: another contractor said when problems came up they were passed along to the

administration >> all risks we had regarding testing were shared >> reporter: as for delaying the launch cgi didn't recommend that >> it was not our position to do so >> reporter: after the launch administration found out the >> the problems were greater than expected. >> reporter: but there are still no answers on when problems will be fixed >> there is improvement day after day. i cannot give you an exact date on when it will be to satisfaction. >> reporter: the obama administration says several hundred thousand people apply bud there are no numbers on how many have enrolled. careen travers, abc news, washington germany summoned u.s. ambassador to explain claims american intelligence have been eavesdropping on the chancellor's cell foevenlt this is a day after merkle phoned

president obama to ask about the allegations. today she said trust between us us and partners has to be restored >> we're tied in with the us us and trust is a important part of the relationship now that has to be reestablished between us. spying among friends is never acceptable. >> she made the comments in a summit in belguim that risks being over-shah shadowed offer the allegations. >> grief counselors met with a students at a high school where a popular teacher was killed by a 15-year-old. a class mate says she heard the teacher ask him to stay after school on the night she was killed. >> reporter: between hugs, tears and lingering question. why? a beloved math teacher killed at

the hands of one student >> she was just a young, caring girl with a world ahead of her. to be shaken -- taken so tragically. it's awful >> investigators say the 24-year-old was stabbed to death in the faculty bathroom near boston. they claim a 14-year-old was behind the attack. the freshman reportedly using a box cutter then showed using what p appears to be a recycling bin to move the body to the woods nearby. sources say he then went to see a woody allen movie. skipped soccer, and was reported missing >> first we thought he was you know abducted or just missing >> reporter: after police discovered the body they found him walking on the side of a road, and took him into custody. the 14-year-old charged as an adult pleading not guilty. his uncle sharing his disbelief.

>> my kids have been upset teenagers going through that. he's 14. he's growing up, still. that is the only thing i can imagine. >> reporter: unimaginable crime and unthinkable loss. colleen ritzer honored at the world series last night in boston and in this vigil. >> she was such a nice person >> reporter: described as a brilliant ray of light. the suspect being held without bail. police are not commenting on any possible motive. marcy gonzales, abc news, new york maryland attorney general says he should have investigated whether there was under aged drinking going nona high school graduation party after a photo surfaced showing him at that event. it occurred? n.june in, delaware. douglas ganzer stopped by to tell his son what time they hadded to

leechlt the photo shows him in a group of teens three dance on a table top. >> now, you know, you i should have assumed they were drinking and talked about what they thought was appropriate. i wasn't there to make sure they were drinking or nochlt that wasn't why i was there. >> he is a candidate for governor and says he considers himself a good parent up next at 4:00 halloween costumes lighting up online >> and later, daily aspirin and health benefits but some say the risks may outweigh benefits >> our forecast for the weekend is a work of art in itself. i'll have that coming up take a look at traffic this is mcarthur maze, you can see drivers making their way east,

it's slow going. perhaps just a bit easier for drivers on the right side of the screen heading into the maze or making a turn to san fra

a live picture from washington, d.c. this is one night only in honor of breast cancer awareness month. here is a costume that could light up a halloween. this is a

22-month-old dressed up as an led stick figure. her dad came wupt idea. he says southern california photographer who made similar outfits for some snowboarder buddies. the video generated a million hits since tuesday. he plans to post a how to video for others who want to try it themselves. >> i love it. i just wish he'd put it on the basketballing, too. she disappears when she turns around. it's a safety issue but i love it. >> yes. you can upgrade and sell it >> let's check on the forecast >> looking good. starting off with lots of low clouds and fog. dreary-looking day but now, sunny skies almost everywhere. even along our coastal locations. national weather picture mostly sunny as well. a line of showers off the coast maybe eastern great lakes into

parts of the ohio valley but sunny skies and dry conditions from coast to coast. and here in california tomorrow from top to bottom and coast to inland we'll have sunny skies, mild to warm weather down through interior sections like sacramento, fresno and los angeles, 74 degrees tomorrow, central coast, 62 in monterey. here in the bay area after another foggy start we'll see sunshine burning through a little bit earlier tomorrow. then, we'll see high clouds drifting through. but will be mild inland with high temperatures there into low to mid-70s. upper 60s around bayside locations, and mid to upper 50s on the coast. so a rather pleasant day. getting into weekend we'll see milder weather still, but a sharp cool down coming next week. enjoy warm weekend weather. >> thank you >> okay >> up next, hillary clinton turning tables in an effort to make a point

>> and the mom held in contempt of court for bringing

one-year anniversary of super storm sandy is next week. one of new york city's hardest hit areas was manhattan south street sea port. residents there want everyone to know they're back. more now from new york >> anyone like a drink here? >> reporter: one of the oldest bars is finally open for business. the paris cafe has been around since 1873. a historic gathering place for tomorrowis edison. but in one night, super storm sandy almost closed doors for good, leaving behind roughly $1 million in damages >> you can see the mirror is cracked in the bar. and total demolition here. >> the water mark of how high

the river flooded in facing the docks still scars the walls. >> it was underwater 2, 3 blocks up the hill. but the water line was up on pearl street. so there was no business. there is no neighborhood. >> reporter: despite a disaster that caused a temporary shut down, people here never gave up. today, young and old members of the community marched to banks of the east river in a symbolic gesture. the south street sea port area is no stranger to minor flooding but october 29thth water surrounding lower manhattan rose up, swallowing this community the worst part is that they did not have flood insurance. such was the case for the owners of the paris cave yach they got a small handout but neighbors were there to help and it's back in

business more opening every month. the pier slated to get a $200 million makeover. the area still has far to go. but the community is optimistic about the future. abc news, new york >> former secretary of state hillary clinton winning praise for how she dwelt a heckler. in new york she was speaking about the need for greater cooperation in government. the man started yelling benghazi, benghazi, you let them die. clinton's response brought applause. >> we have to be willing to -- come together as citizens to focus on the kind of future we want which doesn't include yelling. it includes sitting down and talking >> despite the political nature of the speech she did not

address her own political future dodging questions as to whether or not she'll run for president in 2016 healthy living news new research says healthy people should not take aspirin to ward off the risks of heart attack ask cancer. the study being called the most comprehensive review of the right after this b b b b bes -- risks and benefits of aspirin. a new report now confirms a 3-year-old girl from mississippi born with hiv is showing no active infections 18 months after the drug treatment was stopped. this case first reported this year but some doct doctors were skeptical. a report confirms she was infected in the womb. doctors say it will take more time to say whether she's cured. the test prompted more

tests in other babies. a breast feeding mother in new jersey is thanking a judge for postponing her contempt of court fine. she must breast feed her 7-month-old son. missouri doesn't exempt nursing homs so laura showed up saying she had to breast feed him. she was fined. >> we appreciate what you did and holding off until the next vote. i do. and you know, he has to do, you know what is best for the law. that is his job. it's the law that needs to be changed. >> he had fined her $500 but he postponed that, and the state legislature introduced a bill exempting breast feeding homs from court duties. special event to honor

people who have special needs. this event sponsored by an organization helping sxhirn adults with disabilities live full lives. among those honors today, brothers, 2012 sports kids of the year. the boys compete together. conner says this helps show others, that dayeden is just like everybody else. >> he's a, just like everybody. he has a brain and is a normal boy with feelings and emotions. he might not seem smart but he's very smart. >> also attending san francisco 49er legend steve young and josh elliott who met with our morning news anchors. kristin tweeted pictures and posted them on facebook. here they're with josh elliott. here she is with steve young. you can see more on abc7

news.com or by following her on twitter at abc7 kristin zee >> she's a social media machine >> the world's most expensive diamond went on display today ahead of an auction next month >> take a look at this beauty. the pink star is estimated to raise more than $60 million. a record for any gemstone >> the stone mined in 1999, took two years to be cut and polished pefrments say it's off the scale rare. the next largest diamond maybe only half of this one's size >> no truth to the rumor kanye west is going buy that one >> the one is pretty ginorumu soochlt yes. 15 carats >> coming up next, painting with technology >> we'll have a special preview, next.

>> hi there, i'm dan ashley. apple faces off against a corporate raider. and government warning. what fda wants kids and adults to know before they start to those to those who've worried... suffered 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 a look at tonight's prime time line up. scandal at 10:00 and join us for abc # news at 11:00 >> gilroy garlic festival generated $350,000 for 160 organization that's took part in the event this year. organizers say since it began, 35 years ago it's helped raise $10 million for community groups running festival booths there he's considered one of the most-important artists in the last century >> now, david hockney is

bringing works to san francisco this weekend. >> we have a preview of the exhibit >> reporter: david hockney has a way of showing us abstract beauty of nature and showing ourselves candid. at ease >> decent doesn't look hard at the world. well, i do. and i do something with it. and i thiat s what people might like >> 300 pieces of the work across 18,000 square feet. largest the deyoung museum has staged >> it is great he shows us what he sees in detail. >> reporter: hockney captured the four seasons on this road. most unique are these works

created on an iphone and ipad with a simple painting app. the 76-year-old showed us around and talked to us about rethinking the way he paints with technology >> does it give you freedom of can sxras oil paint? >> yes. you do get a good freedom with it. i mean there is limitations to it like everything. but there is, i think it's exciting. >> reporter: it's something to be seen, opening this saturday and runs through january 20thth of 2014. in san francisco, cornell bernard, abc7 news >> that is really interesting using technology at hand >> he's kind of been ahead of the game. it's interesting he's embraced apple products as well. thanks for joining us at 4:00. abc7 news at five begins right now

>> thank you. questions and criticism mounting in a fatal shooting of a 13-year-old boy in santa rosa. up next, blurred line between toys and weapons >> a agreement between bart and unions. >> also, apple squares off against a corporate raider. now he's saying game on to a bigger bite of the company. >> i'm sandhya patel. live on the roof of the kgotv broadcast center it's been a chilly day wait until you see changes coming up for the weekend >> thanks for joining us. as an autopsy gets underway for a 13-year-old boy emotions running high today >> they are. andy lopez carrying a bebe gun resembling an rifle

>> wayne freedman is live with the latest on the story. wayne? >> in many ways that vigil never ended. it's going on as people visit the memorial now for andy lopez in the place he was shot. the question how could a sheriff shoot a 13-year-old boy? even if he was carrying a look alike >> reporter: when police displayed a real ka 47 next to the look alike andy lopez carried even pefrments had trouble telling them apart. the reason? andy's gun was missing a tell tale or yank tip that the -- at the boy's memorial, a friend explained why it's missing >> because it fell and broke

>> reporter: if a person is more than 18 it's easy to buy an ak 47 rep ply kachlt here are photos in a big five store for $200. these guns shoot plastic pellets not bullets. >> used for a toy. it's a gray area >> reporter: ryan sells many of the guns which indicators to paint ball sports. the guns look real and weigh like the real things, too. only orange tips give them away. but kids like to remove them >> reporter: can you tell the difference from a distance? >> probably not >> reporter: that is the story the police officer told investigators he feared for his life and those of neighbors >> i think the threat was the deputy >> rep