though they did release a statement to their attorney, and we're going to continue to follow what they say. the decision is sparking protests, however. sky 7 hd is showing you live pictures of that if we can get the helicopter shot up. as we anticipated, there are some protests as a result of this decision. sorry about the glitch there. there's a live picture. abc 7 news reporter is on the ground with more on the dissatisfaction with this decision rfrm decision. >> reporter: hi, dan. people started to gather at this parking lot about an hour ago. right now they're just sort of staying there on that corner at that intersection. i counted fra eed perhaps 40-pl protesters. those who followed the case closely say they always have known that would be the outcome. still they say you can't prepare for to. right after the press conference announcing no criminal charges will be filed against the officer, people left the courthouse feeling angry,

clearly disappointed, and frustra frustrated. >> like i got punched in the gut. >> we're calling our people in the community to rise up and make their voices heard, that this is intolerable. earlier one of our spokesman from andy youth talked about the fear the youth have now to just be on a city street. >> what i have always stipulated to people is that the only way healing can ever commence is if we acknowledge that wrong doing occ occurred. >> reporter: earlier the sheriff's department sent out a press release in spanish letting people in this community know about the d.a.'s decision. in that press release, sheriff steve said, i would like to express my sadness and my condolences to the lopez family and friends. again, this is all in spanish. i am a father and could not imagine going through a tragedy like this one. now, tomorrow there are plans to have a mass picket at the d.a.'s office at 1:00 p.m.

the message they told me will be the same -- justice delayed is justice denied. live in santa rosa, abc 7 news. >> thanks very much. we now know the punishment for a concord man sentenced today. after his three pit bulls fatalally mauled his own 2-year-old step-grandson in 2010. laura anthony joins us outside the courthouse 0 in martinez. lau laura? >> reporter: hi, sheryl. it was an emotional court hearing this morning. nearly two dozen people either spoke or sent letters to the judge on behalf of steven high aushy. among them, jacob bizby's mother. she said it would only compound the family tragedy sending him to prison. >> the four years have been hell. we haven't had time to mourn for jacob. >> reporter: the concord man will avoid a state prison sentence in the death of his step-grandson jacob bisby.

the 2-year-old was mauled to death by three of mei aushy'ses five pit bulls in 2010. the boy wandered into the garage where the dogs were kept. jacob and his 4-year-old brother were left alone at the time while high yaushy went out to play tennis. his wife leticia was there but asleep after working a late night shift as a nurse. >> it's an accident, how do you expect any of this to happen. had i known, i would not have left the house that day rfrnl. >> reporter: the 56-year-old could have received ten years in state prison. after being convicted of both felony child endangerment and involuntary manslaughter. >> it was an entirely avoidable tragedy. >> reporter: contra costa prosecutor mary knox had argued for the maximum sentence. >> a 2-year-old is dead. so quite frankly, no sentence, no punishment brings justice. >> reporter: high aushy's attorney still plans to appeal the conviction.

>> there really were no facts here where there was any type of warning, any type of attack on human beings. >> reporter: the dogs had killed two other family pets, a chihuahua and cob ateal prior to the 2-year-old's death. looks like it's going to be a while before an award winning los gatos restaurant is able to open again. a massive fire seriously damaged the michelin two-star restaurant on village lane. it broke out around 3:30 this morning. at this point, firefighters search forge a cause don't even know if it started inside or outside the building. a lot more work to do. the restaurant had been closed for cleaning this weekend. >> the cleaning crew might have done their business and been gone for a couple of days. no evidence of any equipment related to that kind of an operation hanging around. >> chief kendall says the kitchen is still intact but there is heavy water and smoking damage to much of the restaurant. one firefighter was hurt while working to put out that fire, but he is expected to be okay.

firefighters from around the bay area and throughout california continue to battle two wildfires. the larger of the two is burning near the monticello dam east of lake bare yes, sirs sa, burned than 6400 acres. crews say that fire is 35% contained. local residents can go back to their homes because the evacuation orders are lifted. however, some campgrounds along 128 are still closed. the other wildfire just to the west, 90% contained. it's burned 4300 acres between lake bare yes sa and the napa valley last tuesday. flames also destroyed two homes and p seven other structures. all of the evacuation orders have been lifted. investigators are looking for the cause of both fires. three men were wounded this afternoon during an outrageous daylight shooting in vallejo. police say the men were standing outside a home on butte street this afternoon when a car pulled up and someone inside opened

fire. two of the men were shot below the waist and are in critical condition. a third man was also injured. >> the only thing we have at this point is a white colored compact car. >> investigators are trying to figure out if the victims and the shooters knew each other or if this was some kind of random act of violence. a series of shootings marred the long fourth of july vacation in bay view. nearly a dozen people were shot over the course of five days, and police are trying to figure out whether they are dealing with a gang war. abc 7 news reporter vick lee joins us from the hall of justice. >> reporter: the last shooting happened about 10:00 a.m. today also in the bay view. the victim's friends say his name is keith zin. no arrest has been made in this shooting or, for that matter, in the other shootings. but police are putting a lot of resources together to try to prevent more violence. >> we are going to have stepped-up patrol in those

areas. we are going to do a lot of visual presence in the areas, making sure everybody knows we're out there. >> reporter: keith zin was known as jig. his friends say he did not deserve to die. >> just taking his daughter to school every day and go home and be with his wife. and they killed him. >> reporter: zin was shot on ironwood way and catalina street, a corner facing a big new apartment complex in the bay view. he died later at san francisco general where family and friends gathered. residents in the bay view also heard about the murder early this morning in the sunnydale housing development in nearby ingleside. almost everyone we talked to knew about the spade of shootings almost all in the bay view. 11 people were shot in 7 separate shootings, 4 died. the first shooting was in the afternoon of july 3rd when two people were shot on connecticut street near 23rd. the violence continued saturday with three shootings nearby.

three more on sunday and two fatal shootings this morning. the one in the sunnydale housing development and the last one on ironwood way. herbert only wanted his first name used. he's been in the bay view for some 24 years. he's seen this kind of violence before. >> for the summertime, it seems like this is when the violence really picks up. and it could be because a lot of the young people is not working and not doing anything. >> reporter: police say they have yet to find evidence that links the shootings together. what's more, they say the victims don't seem to have ties too each other. vick lee, abc 7 news. there are new numbers tonight on a new type of weapon the tsa is seeing at airports around the country. can you imagine a knife really no bigger than a credit card? they are thin enough to fit in a wallet but sharp enough to slice through cardboard or draw blood. the blade is made of steel. once it is folded out, the raining section of the card snaps together in the shape of a handle.

today the tsa says it has confiscated 528 of these things at 60 airports around the country just over the past year. in the last week, 20 of them at san francisco international airport. in the meantime, the tsa is checking cell phones and laptops of passengers on flights coming into the united states. they want to make sure those devices are real. >> they are small items, but it takes very little explosives to penetrate the hull of an aircraft and cause catastrophic damage. >> it was actually good they're doing extra checks because you feel safer over here. >> the added measure is reportedly in response to fears that terrorists in syria were developing more sophisticated ways to sneak bombs onto flights. outrage in silicon valley. >> as mayor of the city, i could host a blood drive but i could not donate blood myself. >> tonight, a ban preventing gay men from donating blood on the

books for decades. the local effort to get it overtu overturned. on alert, the water agency that could declare a shortage,s and it has nothing to do with our drought. plus, the treasure trove in silicon valley that's 20 million years old. >> abc 7 news at 5:00 continues in 60 seconds. sheryl and i w

>> announcer: covering santa clara, san francisco, east bay and all the bay area, this is abc 7 news. a campaign kicked off today to get a ban lifted that prevents gay men and bisexual men from donating blood. the fda ban applies to the transmission of hiv and originated in the 1970s. david louis with the story. >> reporter: lynn walton is donating blood today. blood centers of the pacific says it needs about 5000 pints a day to meet the needs of the hospitals it supplies. one thing that motivates walton is her younger son doug who

requires plasma. however, her older son john can't donate because he's gay. >> it's bad that he can't donate. he would 0 like to, and obviously it's a live saving treatment for his brother. when his brother doesn't get his dreemt he gets sick. >> reporter: so this retired teacher is joining fellow activists to urge the federal government to overturn the ban. question number 35 is what they want changed which dates to the beginning of the aids outbreak. some argue this is an important precaution. others say screening methods will protect blood recipients. >> we have seen advances in blood screening technology, blood donation policy changes in other countries, and opposition of blood banks across the country who have called the current ban medically and scientifically unwarranted. >> reporter: jeffrey is a donor and past recipient after an accident. >> i think as long as you're healthy and have healthy blood you should be able to give.

it's our right to be able to do what everybody else does. >> reporter: the department of health and human services says it will be sending updated research this year. a spokesperson told abc 7 news they hope to 0 have a recommendation on 0 a potential policy change by the end of the year. >> advocates for the charng nge policy are turning out in full force on friday in 61 cities to bring more attention to the issue. in san jose, david louis, abdz 7 news. a federal judge has granted preliminary approval to a landmark deal 0 to compensate thousands of former nfl players for concussion related claims. last fall the nfl agreed to remove a $675 million cap on damages. more than 4500 former players have filed suit, some accuse the league of fraud for its handling of concussions. the settlement is designed to last 65 years and cover retired players who develop lou gehrig's disease 0 and other neurological problems. in the meantime, the ncaa is

recommending that football teams hold two contact practices a week to reduce concussion-related injuries. during preseason, the contact practices would be limited to four times a week. oakland city council is meeting behind closed doors right now to discuss the future of the as. they're considering an agreement that allows the team to stay at the coliseum. the 10-year deal needs the approval of the oakland city council and the alameda county board of supervisors. both the city and attorney and city administrator will brief the council members about this deal while mayor jean caron has said she wants more than the as are offering. the counsel has not said when it will vote on the issue. an agency that pumps water from clear lake expects to declare a water shortage this week because of thick algae growth. officials say the water in the lake is at one of the lowest levels in decades for this time of year. we're in this huge drought as you know.

the ka knockty water district is facing higher than usual water demand because of marijuana cultivation. the normal demand for early summer is about 500,000 gallons a day. but this year it has spiked up to 690,000 gallons every day. a mastermind has shown his face for the first time. abc news anchor diane sawyer and i talked about that as we looked ahead to tonight's edition of "world news" 0. >> great to talk to you and everybody in the bay area today. we have been studying that new video of the terror mast he mind who put the united states on alert. his first public appearance in iraq and tonight our brian ross will be here. he has been talking to so many experts and he'll tell us what he's learned about what the man is plotting next. >> diane, that is amazing. we want to shift gear 0s a little bit because you have some money saving information for people whose smartphones have kind of seen better days. >> that's right. i don't know about you, but i had a completely shattered smartphone and a lot of people

don't fix them. i still scroll with the thing. it turns out the way to do it for very little money, as low as $40. we'll show you how to save that money tonight. >> look forward to 0 it. thanks. > >> diane sawyer is coming up at 5:30 right after this newscast. at least three people are dead including a newborn after a 6.9 magnitude earthquake rattled southern mexico and its border with guatemala. it happened at about 4:30 a.m. local media reports that the quake was felt across much of southern mexico and power outages were reported in parts of western guatemala. the quake on the pacific coast damaged dozens of homes. it also triggered a number of landslides in the guatemalan state of san marcos. japan is bracing for destructive winds and huge waves as a powerful typhoon churns toward the southern island of

okinawa. waves of 40 to 50 feet in height are feared as typhoon noeguri approaches. the heavy rain is falling in southern japan ahead of the hurricane-like storm. tens of thousands of people are being urged to evacuate before the typhoon arrives. spencer will keep his eye on that and so will sandy as we progress through the evening. we want to focus on our weather as you head back to work after the holiday. >> the weather is changing. right now i want to get to typhoon neoguri. i want to show you exactly where it's located and what we're expecting as we head into the next 24 to 48 hours. our live doppler 7 hd is tracking this typhoon as we take a look there, sunday it was a massive category 5 storm, equivalent to a category 5. it was a supertyphoon. now it is a category 3 with winds of 125 miles an hour sustained, gusts to 155 miles an hour. it's in the western pacific moving north-northwest at 15

miles an hour. take a look at its track. it's expected to continue northward and eventually veer northeast toward japan. weakening to a category 1 hurricane by 11:00 a.m. wednesday with winds of 80 miles an hour. but as sheryl mentioned, we are expecting waves in the 40 to 50 foot range. of course, the rain with it. right now it is heading toward the okinawa, japan, area. the latest from the warning center actually is indicating that this storm is expected to weaken. it is the strongest typhoon of the 2014 western pacific season so far. we'll be keeping a close eye on it. now let's go to our live doppler 7 hd. we'll look at what's happening here. the weather is changing. we're seeing a lot more clouds rolling in across the bay area. we have seen sprinkles in concord and livermore, not measuring. but right now the radar is tracking some moisture up in the north bay between santa rosa and

petaluma, some of this may be reaching the ground. don't be surprised if you see a few sprinkles. toward the east bay around hayward, we are also seeing a little moisture. we'll keep the sprinkles in the forecast. this moisture is rotating in. as you'll notice resulting in some thunderstorm activity each of us. but we're not expecting a thunderstorm. we're just expecting those clouds to continue to move in and maybe produce a few drops. humidity is running higher. take a look at the readings. 40%s in concord, 50% in san jose. if it feels sticky, you're not imagining it. temperatures generally speaking with a couple of exceptions, like san francisco, most of you are running cooler. as a matter of fact, today's high temperature in livermore, 88, down 10 degrees. concord yesterday was 95, today only 79. but those clouds are providing a beautiful view from our emeryville camera. temperatures now mid-60s san

francisco oakland, 78 in san jose, 57 in half moon bay. we do have the fog down below. we'll continue to see the clouds up above as you look from our tower camera. 70s concord, navarro, gorgeous from our east bay hills camera. looking at the monsoon moisture which is why we're seeing the clouds. we'll continue to see the fog and cloudiness. sprinkles tonight, cooling trend through wednesday and warming up over the weekend. here is a look at the computer animation. tonight we'll see the moisture rotating in in the form of clouds and tomorrow we'll call it sun and high clouds, cooldown continues in the sierra, thunderstorms will continue to develop. do expect that. mild night with all the cloud cover and the fog around. a little muggy as well, low 50s to low 60s heading out the door tomorrow morning. think you can leave the jacket behind tomorrow afternoon, 79 in san jose, sun an high clouds on the peninsula, 77 redwood city, 57 in pacifica, and the fog

lingers. 65 downtown san francisco and the north bay upper 70s santa rosa, east bay 69 oakland. inland spots, still warm, 86 livermore but not as warm as today. accuweather seven-day forecast cooling continues through midweek with mid-80s right on through friday. then we'll recover over the weekend. low 90s inland, low to mid-60s along the coast. if you're not used to this humidity, hang in there. we'll get rid of it heading toward wednesday. dan and sheryl? >> thanks, sandy. hackers have broken into cars and printers and even baby monit monitors. now they're targeting a gadget in every room in the house. new at 6:00, equipment that once filled a room now fits in your pocket. the tine 0y device making a big difference in eye care. that and more coming up at 6:00.

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home and barricaded himself has been arrested. it happened around 11:30 a.m. a woman living there called police to say that somebody was forcing his way into her home. she got away. the man stayed inside. the area was evacuated. after 90 minutes he finally surrendered. a san francisco company says it has fixed a flaw that made its light bulbs vulnerable to hackers. yes, light bulbs. the energy efficient and wi-fi en0 abled light bulbs, its advantage and potential problem. it is designed so people can remotely turn it off and on with their smartphones. but a glitch had allowed hackers to take control of the lights. not anymore. each bulb is rated to last up to 40,000 hours or 25 years depending on the exact usage. and now it is not hackable, apparently. meantime, san francisco-based uber is slashing prices. the car service launched a price war on yellow cabs in new york city, cutting prices by 20%. that reduction makes uber more

cost-effective than the chastax. it doesn't include surge pricing which spikes are rates. uber raz recently cut prices 25% in san francisco, los angeles, boston and washington, d.c. taxi officials in new york are planning to fight this latest price war. archaeologists are digging a construction site in fremont that has uncovered fossil that's may be 20 million years old. crews have found more than 500 types of fossils, including nine whale skulls. that is the siesz of a dinner plate. and look at this tooth from a shark, half as big as a man's hand it will be replaced with a more seismic-safe dam, part of the upgrade of the water system. the fossils will be put in the bay area museum. >> what a great find. world cup fever is alive and well around the bay area, and we have the pictures to prove that.

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i want to take you back live to sky 7 hd in santa rosa. a small group of folks are gathering and have signs because they're protesting a decision that was made today. the deputy who shot and killed a teenager, andy lopez, because the kid was carrying a gun that looked like an ak-47. that deputy in the district attorney's office, will not be facing any sort of punishment. the demonstration we've been watch forge an hour and a half. it's very pieceful. we'll continue to watch. >> we will. we'll touch on that, of course, on abc 7 news at 6:00. also coming up when we see you at 6:00, a drone's view of illegal fireworks in san francisco, the flying cameras are showing up everywhere these days. are there limits on where they can go? also, a really close call for two passenger jets. we'll show you how this ends. learning to fly.

those stories and a lot more when we see you for abc 7 news at 6:00. hope you can tune in. you know the u.s. world cup team didn't make it to the semifinals. >> but there is still plenty of team spirit for the boys in red white and blue. >> a new mother was undergoing a c-section, they said even though usa lost we still won with the birth of our son mathias. >> that's cool. the u.s. helped knock team g portugal out of the tournament. >> the family shot viva argentina as the picture was snapped. the family that plays together stays together. >> argentina. world cup action continues tomorrow. you can watch germany and brazil play in the semifinals live on our sister network espn, that game is at 1:00 p.m. enjoy. >> that will do it for us. for now, world news with diane sawyer is next. >> for all of us here, we

appreciate your time. we will see you again in half an we will see you again in half an hour. welcome to "world news." tonight, super storms threaten 65 million americans and we'll show you the monster typhoon heading straight for a u.s. military base right now. video of the world's new terror mastermind. the man behind the warning at american airports. brian ross investigates the terror threat. real money. tonight, 1 in 3 americans will do this. tonight, a really smart and inexpensive way to fix your broken phone. and, supreme makeover. the rescue mutts turned into heroic k-9 cops. saving lives, and they're "america strong." good evening to you on this