>> 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 >> reporter: brian is a

neighbor and finds the statement of safety being odd considering bullet holes in a fence and home and the cement bullet almost a block away. was it safety? or bad judgment? >> a kid with a gun is going to have a toy gun >> reporter: a kid, now memorialized. >> in the wake of a tragic death two of workers killed on tracks during the strike. abc7 news reporter nick smith joins us to explain. nick? >> reporter: the bart board and union as agree the department needs a expert to review their safety procedures they wasted no time putting those changes in place. this was the first bart board meeting since the death of two workers on the second day of a strike >> you can't be that arrogant

about something so involved. as operating a train on rails with people that means they're on the track >> reporter: the board called for an end to the simple approval process it made ground crews responsible for their safety with one serving lookout for another while performing maintenance on tracks. it was that practice the engineers were working under when the two men were struck and kill bid this train. >> workers will have to get a work order providing more protections. >> reporter: under new rules trains must be kept under speed of 27 miles per hour in work hours or rerouted if crews are on the tracks. it will cost time and money >> if we have to constantly reroute a train, stop a train or slow down, every time, that may impact the wait >> reporter: it's unclear what role simple approval may have played in the deaths but brt made it clear there is nothing

to hide and are looking for answers, too >> reporter: a final report from ntsb expected to take six months to complete. nick smith, abc7 news. tonight bart has 54 trains and no delays after a fire forced an agency to shut down a line of tracks the fire was under a bart train. firefighters got flames under control, passengers boarded on to buss or other trains. bart had to go to single tracking into the morning. officials think the fire came from a semi conductor box under a train car. one more note about bart. starting december 1st, bart will allow bicycles on trains at all times, only exception during peak commute hours when prohibited from first three cars of the trains abc7 news learned son of a

city gardener accused of running over a woman in a park was arrested yesterday in a different hit and run accident involving a bicyclist the 19-year-old was at his father's court appearance, according to police he hit a bicyclist making a right turn in the outer mission neighborhood. the cyclist was not badly injured. his father, a pled today for felony man slaught scombrer hit and run. families of victims in the deadly limo scene fire just filed a wrongful death lawsuit against six companies they claim caused or contributed to the accident. the companies include ford, also in the suit are the companies that modified and stretched the limo scene. plus

the company that operated the limo. limo stop. bay area man is in critical condition tonight shot an apparent road rage incident reports say the shooter may have thought the victim was driving too slowly. the shooting happened near interstate 680 and brown road. abc7 news has the story >> reporter: the morning commute took a turn at 5:15 this morning. police say it appears two drivers got into an incident both pulled off on mission boulevard a busy road. a confrontation took place here where one man pulled out a gun, shooting several times at the man driving a mercedes-benz, hitting him once. the victim drove about a block and stopped in front of the doughnut shop. >> the customer came in and said to call the police. heard someone got shot, outside. >> police say the victim is 59 years old, taken to a local

trauma center with serious injuries but expected to survive. in the car was this german sheperd the man's dog was not hit and was taken to an animal shelter until he can be reunited with the owner. >> older dog. appears sweet. our officers made connection was the dog sad to see him leave. >> reporter: police are looking for witnesses and don't have solid descriptions of the suspect or the vehicle. matt keller abc7 news. >> eight people aboard an air boat had to be rescued this morning the group spraying for weeds when the boat began taking on water w low tide the boat then got stuck in the mud. rescuers with menlo park fire took three people off the boat the lighter boat made to it shore. >> there is a great deal of obstacles located out there

what happened is that they probably with, that added weight, and low tide punctured throughout hull. they sank immediately. >> officials say the boat rated for five and did not have life preservers or fire extinguisher on board. san francisco giants giants being investigated by officials for possible weight violations accord dog our media partner. e mails show the giants probe focussing on the use of unpaid interns. neither the giants nor major league baseball is commenting the florida marlins does not believe labor practices are improper. pediatric nurses held a ral yes to protest the closing of a yun yint in hayward. the nurses want the field bed in hayward but executives say that unit is going to be consolidated in oakland where a new hospital is

opening next year. nurses say they're concerned about jobs and safety of patients >> concern not only for my own kids, who are now little and need to be hospitalized if the case happens or as a nurse, also, who is losing her job. >> 26 nurses will be displaced but they can apply for nursing positions elsewhere in kaiser. >> california fair political practices announced a fine for campaign reporting violations. ordering two political action committees to pay $1 million each for violations during last year's election. in particular, prop 30, the commission levied fines. both organizations are based in arizona. and operated as part of the coke brothers network, funding coneverybody tiff causes. tonight, carl icon wants

apple to buy shares buy back shares or else. icon now owns.5% of apple says the stock price would skyrocket if that happens. the company is sitting on $150 billion in cash, and currently trading at $531 a share. icon predicts it could increase the price to $1250 a share in three years timement. if apple refuses icon threatens to take his case to stockholders and hold a proxy fight. a goldman state is leading an effort to dramatically reduce car emissions tonight. california and seven states work to put 3,300,000 emission vehicles on the road in 12 years. the states have 25% of the car market. that is making car makers listen. health officials say reducing the emissions is a winner on several levels >> what this agreement will have

over 3 million vehicles on the road by 2025. it's exciting. electric vehicles are critical. and hech people breathe easier >> officials say a pooling of smarts from eight states should make the goal attainable. >> government warning what the fda wants kids and adults to know before they conjuring up halloween costumes. also, studs and sweat. volunteers changing the face and feel of a bay area community. a sea change in behavior. why 80 is the new 60. >> and all of the fog meant flight delays up to three hours at san francisco international airport. sandhya

a quarter million dollars in damage done after that nier a towing yard in concord. the fire destroyed a couple small structures. propane tanks also burned. nobody was hurt. a smoky mess for firefighters in antioch this morning called out to white hill drive not far from dear valley. nop was hurt. police bracing for protests in downtown oakland tomorrow as part of the eviction of occupy pro testers. urban shield designed to train officers for terrorist attacks and disasters. also tomorrow a meeting that could fine motorists another $one to pass golden gate bridge. back to me in just a moment. the

golden gate bridge is facing a deficit. a paint proing scombrekt a down sized bus contract with marin county. a toll hike likely to pay for that debt. look for that. here is a story to restore the human spirit. hundreds took a day off work to build a playground designed by the community in east pal yes alto. our david louie says pictures are amazing. nice to talk about something good. david? >> reporter: it is so true. you know how can you imagine any school not having a playground? imagine how this is going to impact lives of the children thanks to the work of two silicon valley companies. cultivating teamwork is a part of silicon valley life. volunteers came to the kad my

with a tall order. build a playground in six hours >> these kids have to walk 20 minutes to another playground. is instructional time they don't get. >> reporter: parents and school leaders applied two years ago to kaboom a group that creates quality playgrounds. the community raised $8500 are towards the project, offering input as to what equipment would be best. cornell garland is a parent here. >> we came to meetings talking about it and everybody made decisions we voted. what is best for the kids. >> reporter: two playground contractors supervised teams. they collaborated on six previous projects. >> they're designed for gross motor skills. to have a gray mrai ground going to meet needs of kids is phenomenal.

volunteers also get the satisfaction of improving lives of the students. >> when you finish and look back, it's a awesome feeling. and then, see the kids coming on saying thank you. >> reporter: the children did just that. one small group at a time. >> can you say amaze something >> amazing. >> reporter: it was ready on schedule. but children have to wait for monday for concrete to dry. this is a sobering update. 37% of americans say they don't expect to retire ever. instead they think they'll have to work until they're too sick or die. that is one of the bleak findings in a new study. 59% say paying their monthly bills was a first priority. 42% say saving

and paying is just not possible. and 34% say they'll have to work until they're 80 because they haven't saved enough. on the flip side, 50% say they have saved enough to retire. >> save now, right? >> yes. >> heading to the malls, consumer reports tells us about high calorie temptations lurking in the food court. >> reporter: you go to shop and you're lured into the food court. take a cinabon, 880 calories. roughly half of what we should eat for the day. consumer reports counted calories, following fat of the top 20 smaul malls and found it's a mine field. starbucks watch out for java chip frap chino. a grand has 460 calories

18 grams of fat. at dunkin doughnuts a muffin may seem harmless but sets you back 460 calories. with not great choices there are some ways to steer clear. >> sthi thi about having 150 calories. >> reporter: how about some carmel corn? 130 calories per cup. a better beverage is a light banana berry smoothie at jamba juice has 170 calories and no fat. your cup of low fat frozen yogurt can become a calorie bomb when you pick toppings like peanut butter cups and m and ms. so navigate carefully sou don't blow up your

diet >> so tempting. >> so good. >> no. no. all right. let's head outside to check on the weather. >> yes. sandhya patel has the accu-weather forecast. >> yes. i'm getting hungry >> i know. it's beautiful up here. yes. crisp. there is a chill in the air. i have to say we have weather changes coming. it's brightened up here. about time. it's cloudy all day long. until sun broke through. we'll talk about what is coming for the weekend. i think you'll like what you see. high clouds passing through but fog and low clouds gone. here is a look at cloud pattern.. marine layer at 2600 feet deep at one point. they have moved away the coast is seeing an upward

trend. 58 in half moon bay. check out high in livermore. 64 degrees. that is it. well below where you should be at the time of the year. 70 degrees in san jose with a cool 60 degrees. these are highs so far from our mount tamalpais camera, plenty of sunny skies there. temperatures 56 in san francisco. it's 57 in oakland. 55 half moon bay. san jose now just a few high, thin clouds. santa rosa, 67. 63 novato. wide spread there. 60s. concord, 63. now heading up to tahoe looked beautiful now. tomorrow, partly cloudy skies. 28 in the morning. 67 afternoon. over the weekend we're going to see temperatures into 60s after low 30s in the morning. sunny, warmer in the weekend. cooler weather early next week. you'll see what i'm

talking about satellite radar not going to take it. this is going to mix out the marine layer which means your weekend is looking fantastic. plenty of sunshine over the weekend. a few high clouds, sunny skies and milder weather coming your way. we do have nice weather ahead for your weekend plans. check out drop monitor. noaa just released it's conditions, this is as of today the fourth one of the year showing severe drought conditions foremost of california with no rain expected over the next seven days. overnight tonight, low 40s to low 50s. look out for low clouds and fog in the morning. tomorrow afternoon, it will be milder. 74 antioch and livermore. 65 oakland. 68 santa rosa. san jose, mild, 70 degrees. 57 half

moon bay. brighter, warmer. weekend well 80s inland. upper 50s to low 60s coast side we're going to fall from 80 degrees inland to 68 on monday. sharp drop in temperatures. only 60s inland. 50s coast side. looking towards halloween, a week from today, it's going to be dry and mild for the early activities fchl you're taking kids trick or treating, we've seen some rain, unofficially, halloween this, year, looks dry. so live from the roof of the kgotv broadcast center, i'm sandhya patel. back to you. >> and parents. >> right. >> thank you. >> how would you feel if you saw the symbol of death heading in your direction? >> plus, on the run. a bear generating a lot of attention

down south. stay with us

white house honoring breast cancer awareness month. take a look at this. the white house is lit up in pink. it represents breast cancer. >> a former nfl quarterback told an audience today that he is a feminist. don mcpherson traded in his football uniform now tackling domestic violence. 300 people turned out to hear him say that domestic violence is a men's issue not a womans. >> what does it allow us as men to do? it's not my issue or my problem. reality is that all forms of men's violence against women is a men's issue. it's our stuff.

>> we learned seven people in contra costa county died from domestic violence in just the last year. just log on to our web site and look under see it on tv for a link to stan's web site. >> powerful message. halloween around the corner fda warning against a costume element you may be thinking about. it could be unsafe. colored contacts. people use contact lenses to enhance outfits but fda says be careful. officials say nonprescription lenses can cause infection or blindness in cases. fda says do not buy them from a store or online. subject of halloween, runners and walkers in louisville kentucky are running scared because of a remote controlled skeleton. it's a

helicopter under that get up there. it's -- so quiet people don't hear it. it's comes up behind them, most people say having the grim reaper chase them is funny >> that is like a movie. wow. wildlife officials in southern california having a tough time trying to catch a bear on the loose near the rose bowl the bear has been very resourceful. mer than state fish and wildlife officials. it reaches a high fence. don't do it he says he keeps running. officer s can't catch up. bears are not unusual in the fight hill neighborhoods. >> wow. ever feel like you can't come to

hose 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.

coming up at 6:00 we'll dig into details of a new contract with unions and a new call to heal wounds of bart's labor relations. also, information about obama care. what officials are refusing to release. and your chance to buy silicon valley's next big thing. it's coming up in a half hour. dan? cheryl? >> thank you >> well, career builder out with a survey of the most outrageous excuses when workers call in sick. >> one person said his favorite football team lost, and he needed time to recover >> another said a swarm of bees surrounded a car ask he couldn't make it in. >> another said he couldn't decide what to wear >> another said he was quitting smoking, just too gruchy. >> i wonder if that worked? not for long? >> thanks for joining us.

>> from all of us here, thanks for watching. come up with better welcome to "world news." tonight memory loss, a startling admission from football legend brett favre. a question raised by a football giant, have all those concussions begun to take their toll. pirate attack on a vulnerable ship near africa, two americans singled out, kidnapped. our brian ross on how this happened. real money, the prescription eyeglasses you love for just $7. how we saved this family hundreds of dollars and you can, too. seeing is believing tonight. >> that's real money! and a good evening to you. we begin with late news from a legendary athlete, brett favre,