about invokana®. sky 7 hd is live over the breaking news. a standoff in oakland between police and a car jacking suspect. >> neighbors have been evacuated. several blocks in the area are shut down. here's a look at where all this is happening on east 24th street near 21st avenue. >> this sense situation started about 10:30 this morning. that's when officers spotted a stolen car. two people inside pulled over and took off running. police say one of the suspects, the other locked himself in the apartment with somebody else and they're waiting here for him to surrender. >> officer s say they are in contact with that suspect. they're trying to talk him out peacefully. >> we'll bring you any

developments during this hour and again at 5:00 and 6:00. also, our breaking news coverage continues right nuon twitter at abc7news bay area. good afternoon. i'm dan ashley in for larry beil. >> i'm sheryl jenning wheres. to our other top story. reaction from the witnesses in the andy lopez shooting. he was shot to death by a sheriff's dep aert, eric gelhaus, while the boy was carrying a toy gun that looks very, very real. >> we're live with a story you'll see only on abc 7 news. wayne. >> we're brought here today because it was going to be a rally. in fact, there was a rally. we expected it to be larger. it wasn't as big as they thought, but they say their cause is very large. they're taking issue with district attorney of sonoma county for not pressing charges against deputy gelhaus, citing self-defense. meantime, we learned from one of the star witnesses in the report that even he takes issue with

the result. >> was it a fair and complete interview? >> yeah. >> on page 18 of the district attorney's decision summary, he's listed as john doe number 4. he on the day of the killing drove by andy lopez walking with the look-alike ak-47 and warned him a sheriff's car was coming. >> i tell him to put that thing away because the police was behind. >> did he pay attention to you? >> he didn't pay no attention. >> moments later, he saw the sheriff's car pull up and open fire within seconds. >> my reaction. i don't think it's necessary to kill this guy. >> that opinion was as predictable as the reaction to the district attorney's report today. >> i don't believe a word that's in this report, and i read it. because it is cynical and it's not the truth. >> andy has become a symbol of what the militarization of our police department leads to.

>> in her press conference yesterday, the district attorney described the shooting as a tragedy. she said she knew some would find fault with her decision that the deputy acted in self defense. >> given his training and experience, he believed honestly and reasonably that he was faced with a do or die dilemma. >> he applied the same standard police would use in any use of force. but andy lopez was a 13-year-old boy with a toy. today, even the witness who was cited as giving evidence of a threat questioned her logic. >> do you trust the sheriff's department more now or less? >> way less. way less. >> he's not alone. in santa rosa, wayne freedman, abc 7 news. >> and right now, antioch police are on the scene of a deadly shooting in a residential area. this is video you're watching from sky 7 hd. details are still coming in, but we know there's a body in the driver's seat of the car.

the vehicle appeared to be moving in the parking lot of this apartment complex on hudson, off hudson court when it happened. no word yet on a possible motive for the shooting or if anyone has been arrested. several nonprofit workers were arrested at san francisco city hall at a protest at the board of supervisors meeting. they say the city has loaded social service and other responsibilities onto nonprofit agencies but isn't funding them. they say it's undermining public health and safety and causing chaos for nonprofit workers and their clients. the protests and arrests delayed the meeting by about ten minutes. >> a bank of america branch in san francisco was closed today after a driver slammed into the building early this morning. >> the pictures are amazing. nick smith has more from the outer mission division. >> this late model white mazda 3 has been reduced to a pile of mangled fiberglass and twisted steel after smashing through the doors of this bank of america just before 6:00 a.m.

the traffic investigators spent most of the morning trying to piece together what happened. >> a solo driver and vehicle was traveling at a high rate of speed southbound on mission street when it lost control in the intersection and it subsequently jumped the curb and strikes the bank behind us. >> it landed inches from the bus stop when a driver, a woman believed to be in her 40s, nearly missed hitting a bus packed with commuters seconds before. >> it's a busy street on a week day. it could have been a lot worse. >> once the cops arrived, the driver was transferred to sf general. it wasn't long before evidence recovered at the scene would turn the simple traffic accident into something more. >> there were symptoms of alcohol, and we believe that this is also a dui investigation. >> an official with bank of america arrived to take a look at the damage. snapped picture, and talk with police. he did not speak with us. >> we'll be reviewing the cameras. >> investigators say they are

pulling video from bank of america and this traffic camera, a realtime digital map of the events leading to the crash. >> we do have independent witnesses, any evidence we can gather is great. >> these orange markers show where the car jumped the curb, but they're always being used by investigators to determine the trajectory of the car and just how fast it was moving before it hit the building. investigators say that this bank will remain closed for at least the next two days. right now, bank of america is redirecting its customers to the 15 ocean location. >> san francisco police are looking for the man behind a strange and unusual home robbery. police say the man got into this house by slipping his hand through the mail slot and then opening the front door. it happened at a home near 19th and castro. police say the homeowners were inside, and the suspect told them that he had a gun. the man took a bag full of personal belongings and electronics and left. >> in san jose, a man want to

know who took a hand painted sign from their frontyard. they noticed it was missing on the fourth of july. watch what happens. they see the woman in the yellow pants get out of the car, grab the sign, and take off. she's been dubbed the banana pants bandit. they say they do not know who is responsible. >> alameda county voters will decide in november if they'll keep paying an extra half cent sales tax to improve roads and transit. county supervisors put that on the ballot today. it would go to a b.a.r.t. extension to livermore and the free minute irvington neighborhood. that would get bus service and drivers would see improvements on local streets and freeways. voters will deal with that in november. >> a controversial bill is a hot

topic tonight. >> opponents say the community cannot support that kind of large development. >> laura? >> well, hi, cheryl. hundreds of people expected for this meeting later tonight. this will be the san rumome city council's first look at the revamped development proposal. it's a project that's actually been winding its way through the planning process here for nearly a decade. now, in its current form, the preserve subdivision calls for the building of 740 new homes high atop the northwest hillsides of san ramon. that's just north of the canyon road and west of 680. a larger project was approved in 2006 and then stalled by lawsuits. even though this is smaller and was approved by the planning commission here last month, some residents and city leaders still don't like it. >> we don't even have water. it's a drought. that tank isn't going to take care of all the houses plus the new ones, 750 homes?

where is the water coming from? >> this project calls for 6 million cubic yards of soil to be eliminated from the lils and dumped into the corridor and fill the level. it's going to alter that area quite a bit. >> now, opponents have collected more than 300 signatures that they do plan to present to the city council tonight. we did try to contact the current developer, that is lafferty communities, and they did not return our call for comment. now, the city council here could vote on this project. we're told it's unlikely given all the issues still on the table. in san ramon, laura anthony, abc 7 news. >> let's head outside where the sky is blue, but the flags are blowing. >> gorgeous outside today. spencer christian is on the frastz for us. >> yes, noticeably less humid today than yesterday. we had the moisture laider

clouds moven through from our east. those clouds are now moving to our north. we still have high humidity this morning, but it's much less humid now. mainly sunny skies across the bay area. low clouds in the coast. look at the activity in the sierra, mainly on the eastern slopes of the sierra, the thunderstorms are. you see the clouds moving to our north. now taking moisture with them, and leaving us with lots of blue sky and much lower humidity than yesterday if you look eastward and northward from our emeryival c camera. mid-70s in san carlos and san jose. a little bit of fog and low clouds at the golden gate bridge right now, though, and temperature readings of 78 in santa rosa. 72 in napa. 90 in fairfield. 87 in concord. 91 at livermore. as we try to look over the low clouds from the east bay hills camera, low clouds and fog increasing, and they'll hang around in the morning hours, a chance of spotty drizzle in the

early morning hours, and tomorrow afternoon, mainly sunny. cool on the coast, upper 50s. inland, upper 80s. >> tough to beat that, spencer. thank you. still ahead on abc 7 news at 4:00, crisis add the border. the white house under fire as president obama asks for congress's help to secure the border. >> dangling in midair, what investigators are saying about the broken ride in southern california that trapped people for hours. that's new after 4:30. >> that's not the place you come to sleep. i tell you what, how comfortable is that? >> well, there's no sleeping in baseball. why one fan is going to court over his untimely nap. >> 7 on your side's michael finney is taking your questions on twitter and facebook. he's going to answer them live just a little later. he wants to hear from you. you can contact michael at facebook.com/micha

facebook.com/michaelf facebook.com/michaelfinneyabc7. >> take a look at traffic on the golden gate bridge as the fog descends. looking great out there. the traffic is looking good. we'll be back with more on abc 7 yeah, citi mobile. pay the dog sitter? and deposit that check? citi mobile.

pack your bathing suit? wearing it. niiice bank from almost anywhere with the citi mobile app. i'm a kid. and us kids have an important message for our grown ups. three grams daily of beta-glucan... a soluable fiber from whole grain oat foods like cheerios can help lower cholesterol. and where can you find beta-glucan? in oats. and, they're yummy! i'm going back to being a kid now. thank you!

big development now in our breaking news. a carjacking suspect has just given up and police have taken him into custody. >> oakland on east 24th street near 21st avenue. that's where the standoff between police and the suspect is supposed to be over. however, we still do see some patrol cars at the scene. now, this tense situation began about 10:30 this morning when officers tried to pull over a

stolen car. >> two people inside ran off. one got away and is still on the loose. the other locked himself in an apartment and again has just given himself up. more than five hours later. here's what's not clear. is that second suspect still in that area? is that why police have yet to leave the scene? we'll give you new developments as we get them, and our breaking news coverage continues right now at twitter. >> the white house said it is focused on taking all necessary steps to deal with the humanitarian crisis on the u.s./southern border. president obama asked for nearly $4 billion to help with the increase of unaccompanied minors coming across the border. we have more from washington. >> president obama has called it a humanitarian crisis. and today, he asked congress for $3.7 billion to address the surge of unaccompanied minors illegally crossing the u.s./southern border. >> what we would like congress to do is ask with the same sense

of urgency and make sure this administration has all its necessary resources to deal with the situation. >> roughly half of the money, $1.8 billion would be set aside to care for the minors, many fleeing violence and crime back home in central america. nearly 10,000 were taken into custody in may alone. the remaining money would be split between the departments of homeland security and justice, for law enforcement along the border, and the state department for diplomatic efforts to tackle the root causes of this growing crisis. but there's still many big questions, including will this funding make the process of sending minors back to their countries any faster? administration officials would not speculate on timing. from capitol hill to the border states, the white house is under fire. >> this is a failure of diplomacy, a failure of leadership from the administration in washington, d.c. >> governor perry also slammed president obama for not visiting the border to see firsthand what's happening there.

republican lawmakers joined the criticism. >> he needs to lead and not just follow when it comes to coming up with a solution. and the first thing he needs to do is go to the border. >> president obama is in texas this week for political fund-raisers. he'll also meet with state leaders and elected officials including governor perry, but no visit to the border. abc news, washington. >> and coming up new at 4:30, what one bay area city is doing to help the thousands of children entering the united states illegally. >> six flags magic mountain plans to keep one of its roller coasters closed by an accident is investigated. 22 riders dangled in the air for hours after the ninja coaster hit a tree on the tracks last night. officials say the entire tree fell onto the coaster's path, dislodging the front car. four people were injured, two of them went to the hospital as a precaution. they're going to be okay. at least one of the coaster's cars derailed. >> it sounded like they were

like panicking. they didn't know what to do. >> we were confused and scared and didn't know what was going on. >> this is not a common incident. this park services thousands of people a year. >> it took firefighters about three hours to free all of the riders. rescuers faced many challenges including reaching riders through a tangle of trees and roller coaster tracks. it was kind of a mess up there. >> the crowd roared with pride in berlin today when the home team scored and the world cup against brazil. it was a sound heard many times over as germany defeated brazil 7-1 in the world cup semifinals. before today, no host nation's team had ever lost by four goals or more. this was also brazil's biggest defeat since the team lost 6-0 to uruguay in 9020. >> police in rio were ready just

in case brazilian fans took to the streets in anger. there were police in riot gear sut up around the stadium at halftime. the germans were up 5-0 at the time. fans in the stands may have been too obsessed to riot. they were crying and a lot of sad, devastated looks. social media was abuzz with this huge defeat. the classic grumpy cat was tweeted out with the sad response, carnivale is canceled. and this christ the redeemer statue in rio covered its face. that's now making the rounds on social media as well. >> at schroeder's beer hall in san francisco, there were no sobbing brazilians in sight. germany will play in its records eighth world cup final this

sunday here on abc 7. >> well, the dog looked pretty stunned by his team's performance today. still, this little guy is mighty adorable. we want to see your world cup fan photos. you can e-mail them or upload your pictures through our news app or at abc7news.com/newreport. you can watch argentina play the netherlands tomorrow afternoon on the semifinals live on our sister network, espn. that game is at 1:00 p.m. >> let's go back and talk about the weather forecast. absolutely spectacular around the bay area today. not too windy, either. >> spencer christian is out there enjoying it. we should join you. >> lots of cheering in the weather today. not much crying at all. the high humidity from yesterday is dissipating and now things are feeling much more comfortable all around the bay area. a live look at live doppler 7 hd. we have mainly sunny skies all over the bay area, but along the coastline and near the coast,

beyond the coast a little bit, low clouds and fog pushing out over the bay right now, but generally it's sunny and mild to warm in the inland locations. speaking of warm, there's a red-flag warning for high fire danger to mt. shasta to altoura to 11:00 tonight for high fire danger. there's been concern about lightning strikes triggering fires in this area that's been so hot and so dry for so long. here's a live view from the rooftop, looking at blue sky over the bay. at least from this point of view. these are our forecast features. we'll see low clouds and fog increasing overnight. there is a chance of spotty early morning drizzle the next two days. not a great chance, but it could happen. and a warming trend. a serious one, will kick in this weekend and continue into early next week. here's our forecast animation starting at 7:00 this evening, low clouds and fog pushing beyond the coast, across the bay. locally inland. there will be, again, a chance of patchy or spotty drizzle in the early morning hours. and then overnight, we'll see

lows still in the mild side. much like last night. perhaps a couple degrees lower in some spots. mainly mid- to upper 50s. one or two locations may drop below 60. and then 5:00 in the morning, we'll notice in the early daytime hours, the fog will burn back beyond the coastline, it will still be cooler in some inland locations. places that topped off at 90, 91 today, will hit 88, 89 tomorrow. a couple degrees cooler in some inland spots. in the south bay, highs in the high 70s to low 80s. the peninsula, mid- to upper 70s. upper 50s to about 60 on the coast. downtown san francisco will have a high of 66 tomorrow. 61 in the sunset district. north bay's high is upper 70s. 78 in santa rosa and napa. in the east bay, look for highs of 69 at oakland. 72 at san leandro. 75 at free mont, and the inland

east bay will see highs in the mid- to upper 80s. 88 in antioch. the seven-day forecast. temperature pattern will hold steady pretty much through friday. it will start to warm up over the weekend. sunday, low 90s inland. monday and tuesday, mid-90s inland. mid-80s around the bay and mid-60s on the coast. the warmest two days in the seven-day forecast period. >> thank you so much. coming up next, the special occasion that brought these boats out in san francisco. and new after 4:30 -- >> caught on video, two men dive into turbulent waters in a life and death struggle to save a teenager.

one of our favorite things to do is going to the dog park together. sometimes my copd makes it hard to breathe. so my doctor prescribed symbicort. it helps significantly improve my lung function starting within five minutes. symbicort doesn't replace a rescue inhaler for sudden symptoms. with symbicort, today i'm breathing better. come on, boy! [ female announcer ] symbicort is for copd, including chronic bronchitis and emphysema. it should not be taken more than twice a day. symbicort contains formoterol. medicines like formoterol increase the risk of death from asthma problems. symbicort may increase your risk of lung infections, osteoporosis, and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking it. [ man ] now symbicort significantly improves my lung function, starting within 5 minutes. and that makes a difference in my breathing. today, i'm hanging out with my best friend. talk to your doctor about symbicort. i got my first prescription free. call or go online to learn more. [ male announcer ] if you can't afford your medication, astrazeneca may be able to help.

transforming a clunker into a sleek sports car. that's what these young men in china are doing. they took apart an old volkswagen santana.

the furaerrari is their inspir n inspiration. they built a new, fancy friem. the project took two months to finish and it looks like a brand new car. it only cost them about $1,600 to complete the upgrade. >> where were they when i was in high school? there's a new innovation for beer drinkers. a minnesota target field is the first major league baseball stadium to serve beer in vending machines. fans have the choice of four brews. they will still be carted by a person, and there's a limit. people can buy up to 48 ounces every 15 minutes. >> that's a lot of beer. oh, my goodness. all right, well, an eyesore for more than a decade has been transformed into the newest recreation spot. >> officials celebrated the opening of the boat house with a boat race, appropriately enough. the building had been shut down since 2003. >> a few years ago, the rec and parks department decided to fix it up.

more than $3 million was invested to remake the 54-year-old road house. >> essentially took the boathouse down to its studs. renovated bathrooms, brand new beautiful community room, a new kitchen facility. the whole thing has been redone. >> there's also a new exercise and locker room. the lake merced boat house is being used by several rowing clubs to store their boats and equipment at the site. it's also the site for boating lessons. >> still ahead here, children in limbo. the move by one san francisco supervisor today to help the unattended kids left at the border. >> plus, the startling discovery of several vials of a deadly disease. abc news dr. richard besser talks about the concern. >> and why this couple blames the government for their separation after more than three decades of marriage. a lot more to come with us. a lot more to come with us. stay withfeway gets that stayin that's why they've got lear. that's why they've got lots of ways to save.

real big club card deals, the safeway app and gas rewards. it's a great time for a cookout. fresh sweet corn is 10 for just $2.00. rancher's reserve ribeye steaks are only $6.99 a pound. and refreshe water is just $2.79 a case. there's more savings to love... at safeway. ingredients for life. i'm a kid. and us kids have an important message for our grown ups. three grams daily of beta-glucan... a soluable fiber from whole grain oat foods like cheerios can help lower cholesterol. and where can you find beta-glucan? in oats. and, they're yummy! i'm going back to being a kid now. thank you!

so why are we so obsessed with turbo? card with a new volkswagen turbo.

because there's nothing more exhilarating than a powerful ride. and you can get that in places you might not expect. like the passat. and also in the fun-to-drive jetta. in fact, volkswagen has sold more turbos than any other brand over the last ten years. that is a lot of turbo. hurry in and you can get a $1,000 turbocharged reward card when you lease a new 2014 passat s for $219 a month. a crisis at the border is now being debated at san francisco city hall. thousands of children are waiting to hear their feat. >> now a supervisor wants the city which is already a sanctuary city to help out. lyanne melendez is live with that story. >> yeah, dan, you know this is

nothing new. kids from different parts of central america have been crossing the border into the united states for years. what is new are the numbers. much, much higher. now, they are crossing, coming over, escaping extreme poverty, unemployment, and no protection from gang violence and drug traffickers. they're coming alone, looking for a parent or relatives here in the bay area. san francisco is now getting on average about 100 a month. as san francisco supervisor david campos put it, they will continue to come no matter what. now, the federal government is overwhelmed and is asking cities to help by creating shelters to house them while they wait for their deportation hearings. campos introduced a resolution today, asking for money to help house them, and offer them legal services to decide whether or not they have the right to stay in this country or go back. >> these kids are going to keep coming. we need to have a response, and

you know, sticking our head in the sand only is not going to make the problem go away. >> we hear reports from children whose poverty situation was such that they were literally not able to eat and they felt an obligation to try to do something about that. >> now, with regards to the resolution introduced today, nothing will be decided. a vote is expected next week. the details to be hammered out later. meanwhile, the mayor of san francisco, ed lee, also sat down last week with some organizations, nonprofits, and with the department of health to see what kind of social services the city is able to offer these kids. i'm live in san francisco, lyanne melendez. >> thanks very much. more rocket strikes today in both israel and gaza. the surge in violence follows the killing of three israeli teenagers and the apparent revenge murder of a palestinian murder. marcie gonzalez has the latest

on today's air attacks. >> sirens blaring in israel, warning of more air raids from palestinian militants. that rocket, one of several today aimed at tell avive. stopped by israel's iron dome system. closer to the gaza border, people are taking cover in bomb shelters as tensioned between israel and hamas escalate. >> it's scary just to be around the noises and the bombing and everything. >> israel responded to the onslaught of rockets saying its military has hit about 100 targets in gaza, including this, the home of a reported hamas leader where at least six people were killed, including two children. along with increasing the air offenses, israel is now considering a ground invasion of gaza, authorizing the army today to act evaluate as many as 40,000 reserve troops. >> we cannot compromise with

death. we cannot compromise with rockets. we cannot compromise with the assault of the area. and we shall stop it. >> and an israeli official says no efforts for a cease-fire are under way right now, adding he does not expect an end to the attacks from either side any time soon. marsa gonzalez, abc news, new york. samples of smallpox have been found in a government office in maryland. six of the samples of that deadly and highly infectious disease were freeze dried and sealed inside vials left sitting in a cardboard box. they were discovered in a lab storage room last week. now, today, the centers for disease control announced they have secured them and there is no indication anyone has been exposed to the disease. scientists estimate smallpox killed anywhere from 300 to 500 million people but has been eradicated since the late 1970s.

>> smallpox is the only disease we have been able to wipe off the face of the earth. and the idea that smallpox could get out there again would be absolutely devastating. >> the cdc will test the samples to find out if they're active or dead and then destroy them. smallpox is only kept in two secure locations in the world. one in russia and one in atlanta at the cdc. >> people began buying marijuana legally for recreational use in the state of washington today. washington now joins colorado as the only two states where pot is sold legally for non-medical uses. right now, just 24 retailers hold the proper permits to sell pot in washington. one woman camped outside a marijuana store yesterday afternoon, wanting to be its forty-fir first customer. >> i never thought i would see it in my lifetime. to be able to vote for it and to be able to enjoy it legally, it's just been awesomest thing in my life.

>> it is very exciting. and a little intimidating at the same time. there's a lot riding on us. >> some store owners are afraid they won't have enough pot to meet the customer demand, saying the state hasn't licensed enough growers. federal law still prohibits marijuana possession and use. >> a tennessee woman said she was forced to separate from her husband of 33 years in order to keep her health insurance. she suffers from epilepsy. her husband retired early last fall. that changed linda's eligibility requirements to continue receiving financial support from social security. she also would have lost her medicaid coverage if the couple continues living together. >> shortly after i took to retirement, social security called us in and they told us we made too much money. they had a limit on unearned income and i tried to tell them that how can my retirement be unearned income? they said it is, legally, it is. >> they said they can't afford a policy under the affordable care

act, so now they're living about two miles apart and larry is working a part-time job in order to make ends meet. >> coming up on abc 7 news at 4:00, the unexpected delivery made some stranded passengers on a tarmac. >> plus, seattle seahawks star marshawn lynch like you have never seen him before as he returns home to the bay area. >> i'm michael finney, and today's 7 on your side q & a is just ahead. i'm still taking your questions on twitter and facebook. you can contact me at facebook.com/michaelfinneyabc7. i'll answer your questions live later. >> spencer christian. you can see blue sky up high, but low clouds over the bay. how far inland will they reach? i'll have your forecast coming up. all right, spencer, thank you. no fog over this traffic, but a lot of people mighty impatient to get home. you can see the traffic is just slow and go on the san francisco skyway. we'll be right back.

oh chris, did you remember to pay the dog sitter? oh i knew i forgot something... i'll just do it now. well, we're boarding. no, i'll use citi mobile. takes two seconds, better safe than sorry right? yeah who knows if we'll even get service on the islands? what! no service? seriously? no electricity, we're going to make our own candles, we're going to churn our own butter. oh, we lost one. can't leave a bag unattended. bank from almost anywhere with the citi mobile app. to learn more visit citi.com/easierbanking

well, seattle seahawks running back marshawn lynch visited his hometown of oakland during a photo session for espn's upcoming body issue. thank you. this is video of the shoot at a train station posted online by espn. that's a lot of hard work, isn't it? the photo shoot was a bit of a challenge. >> we tried some stuff where we

had him breaking through some walls and combining everything, it's like running your belly, patting your head, and doing it naked at the same time. >> doing it naked, huh? the magazine wanted to capture a side of lynch that people don't always see. espn is the sister network of abc. the magazine's upcoming body issue goes on sale on friday. >> i'm a little hurt they didn't ask me to participate. it's an oversight. >> shocked. >> shocked and relieved. waiting on the tarmac during flight delays is never easy. it's a real nuisance. >> but a frontier airlines employee made the wait enjoyable. >> yes, that is pizza handed out by the flight crew. flight 719 was headed to denver from washington, d.c. when it was diverted by bad weather to wyoming. >> the wait took hours so the captain decided to treat the passengers to pizza. they brought more than 50 out of his own pocket. >> now that's a cool pilot. >> reimburse that man. >> let's update the forecast. also not included in the body

issue, a major oversight. >> i don't understand. you, too, could be throwing the football naked. >> a sight you have never seen and perhaps you don't want to see. >> let's take a look at live doppler 7 hd. that's something we do want to see. sunny skies over most of the bay area. we have clouds pushing from the coast out over the bay locally and they'll continue pushing to some inland areas in the overnight hours. looking at the national weather picture for tomorrow, showery and thunderstormy over much of the eastering especially on the atlantic coast and up to the great lakes. mainly dry in the nation's midsection and into the interior west and across the state of california tomorrow, we'll see mainly sunny and hot conditions with highs of 100 in chico. 100, yosemite, 102 in fresno. maybe an isolated thunderstorm or two in the eastern slopes of the sierra. los angeles, 81. it's going to be quite warm tomorrow in interior parts of the state. here in the bay area, some inland locations will be actually a couple degrees cooler than today. still nice and warm.

inland, we'll see mid- to upper 80s. we'll see mainly 70s around the bay and upper 50s to around 60 on the coast, and of course, there will be a presence of fog along the coast tomorrow. we'll have the seven-day forecast coming up for you on abc 7 news at 5:00. >> thank you. >> still ahead on abc 7 news at 4:00, a baseball fan sues for snooze. saying he was mocked. does he have a case? you'll hear the commentary next. >> plus, the unlikely friendship between a world war ii vet and a 3-year-old preschooler. >> what do you need to do to report a scam? and are there rules for commercial fine print?

[ female announcer ] the internet gets more exciting the faster it goes. that's why, coming soon, xfinity will double the internet speed on two of our most popular plans. xfinity continues to innovate, bringing you the fastest, most reliable internet, period. [ heart beating ] xfinity internet from comcast. double the speed. [ heart beats ]

a baseball fan is suing two espn broadcasters accusing them of mocking him on national television. here's the deal. yankees fan andrew rector fell asleep in his seat at yankees stadium in a april game against

the boston red sox. who would make fun of this. his lawsuit claims the commentators made fun of him using offensive language. you be the judge. >> how comfortable is that? probably won't have any neck problems tomorrow. >> is that guy to his left his buddy who is just letting him sleep or is he here alone? what the deal with this guy? >> maybe that's his buddy and he likes him a lot better when he's asleep. >> okay, is that worth $10 million in damages? that's what his suit is demanding because he said it hurt his reputation and his future earning potential. he charges them with unleashing an avalanche of disparaging words. neither announcer has commented on the lawsuit. >> a little boy who has trouble walking will get much-needed help thanks to the generosity of strangers. he has spina bifida and needs to use a cane or walker to get around for the rest of his life. a specially trained service dog

could help him get stronger, but it would be very expensive. his mom set up a site asking for donations. she was shocked when the family's goal of $10,000 was reached in just one month. >> it was a crazy, humbling experience. i wish we could do it on our own, but sometimes you have to step back and let other people do it because the whole process has shown me that people want to give. >> people showed a lot of love to little everett. he's already picked a name out for his service dog. the wolfster. it will take a year and a half for the dog to be trained and ready to go home. >> what a sweet kid. well, they are best buddies even though decades separate the ages of a world war ii veteran and his 3-year-old side kick. >> they even have matching rides. look at that. 3-year-old emmett is sitting on a little tiny john deere traktder with an 89-year-old. the family wanted to reach out to the neighbor for a while. >> emmett broke the ice last

year when he inquired about the tomatteaus he was growing. he asked, got any matos? >> they quickly bonded. emmett considers him his grandpa. >> that's a sweet picture. >> 7 on your side's michael finney is here answering questions sent to him by facebook, twitter, and e-mail. >> who should i report a scam to? i know one person. >> yeah, right here at 7 on your side. if there's something we can do about it, we'll take it on. you can get to us online. go to abc7news.com. you want to go to your local police or possibly the district attorney's office. if it's a national type of issue, then the federal trade commission, and if you got it through the mail, you want to go to the postal service. postal service takes that stuff very seriously. it's definitely worth getting in touch with them. >> an e-mail, does tv commercial fine print need to be a specific font size? >> that's a great question.

if you have a little tiny tv, it wouldn't work. okay, that's legal. that one is not. no, there's very little rules about the size of font. there are some rules and regulations around the print with credit card advertisements and credit card issues. basically, what the law says is that it must be obvious and presentable. so you have to decide what that means. when a guy talks really fast, is that presentable? do you understand what's going on? probably just knowing you should check would pass for legal test. >> really? >> yeah. >> like the old fed fedex commercial? >> exactly. >> i can barely read the font on the card itself. ted e-mails, a store advertised discounts, none of which came up on the receipt. is that right? >> no, it is not. look, that could even be bait and switch. the bottom line is if a store has a sale, they have to give

you the price. now, let me give you a couple examples for this. and how it works. if they have an ad and it says 20 at this price and they only have 20. if they don't say a particular number, they have to have what an average person would consider reasonably, what a reasonable person would consider reasonably. let's say you are selling a computer that was a $20,000 computer, maybe having one per store would be more than enough. however, if you're selling toothpaste for a dime a tube, then perhaps you should have 500 available. because you're going to have so many people. >> great questions today, michael. thank you so much. well, coming up next, a dramatic beach rescue off the california coast. two men struggle for their lives to save a teenager. >> then coming up new at 5:00, the banana pants bandit on the loose. the surveillance video that has everyone looking for a thief. >> plus, kaepernick's new body

art and why it has twitter buzzing.

heat shields are compromised. we what's that alarm?ures. fuel cell two is down. i'm going to have to guide her in manually. this is very exciting. but i'm at my stop. come again? i'm watching this on the train. it's so hard to leave. good luck with everything. watch tv virtually anywhere with the u-verse tv app.

with at&t, the u-verse revolves around you. there you go. it at us. so it's kfc night. [cheering] last week we hosted. yes, this week the kids invited us to their place. sorry i was late. i had a little trouble with the rope ladder. he fell twice. but look at all this food we've got. yeah we got this delicious kfc meal and they threw in 2 extra sides for free. for free! and i love what you've done with the drapes. are those your bedsheets? [laughing]

♪ all right, tonight on abc 7, extreme weight loss at 8:00, followed by celebrity wife swap at 10:00, and i'll see you for abc 7 news at 11:00. >> thing you put on your smartphone that you thought was recovered could be recovered, even after you wipe it clean. that includes nude selfies and sexts. stop doing that. they can still recover pictures, search queries, contact information, even a completed loan application. information like that may make you think twice about selling your own smartphone. >> or taking those pictures with the smartphone. now to a dramatic rescue in intense waves off southern california. the whole thing caught on camera. >> dramatic and death defying. take a look at this 46-year-old as he tried to grab onto a

teenage boy caught up in a violent rip current, only to be swement into the sea himself. >> at that point, i really realized how helpless i was. i was basically fighting for my life. >> the nail-biting scene unfolding at the abalone cove sunday. the tides had taken another swimmer's life earlier that day. his friend hillary swanson taping the whole thing, hoping this scene turned out differently. >> i was really scared. >> golding and swanson say it soon became the teen, who had fallen into the water, was now unconscious, and with golden struggling to tread water, his friend rob takes a leap of faith, also jumping in. >> the next thing i knew, my feet left the rocks. and in i went. >> finally, through the ripping waves, mcanulty spots the seemingly lifeless teen. >> go higher! >> and pulled him onto these rocks with golding by his side. you could see him giving the teen cpr. he said he remembered from

training 20 years ago. >> rob had said to me, i think he's dead. i was like, no, no, we're not going to give up on this kid. >> finally, life guards show up and the teen is air lifted to a local hospital where he's recovering this morning. >> he said that if i hadn't gotten him within a minute, or more, he would have been dead. >> abc news, new york. >> wow, that is intense. >> very brave. >> really brave when you see those conditions. thank you so much for being here on abc 7 news at 4:00. >> abc 7 news at 5:00 begins right now. >> a s.w.a.t. team moving in, police on the roof. an east bay neighborhood under siege for hours finally clear. >> and problems on paradise for walkers and bikers on the peninsula. plus -- >> i don't think it's necessary to kill this guy. >> a key witness in the shooting death of young andy lopez, and he's talking only to abc 7 news. i'm abc 7 news

meteorologist. spotty drizzle for the commute, the morning commute, that is. i'll have details straight ahead. >> a bicyclist rides down devil's slide, a jaw dropling new trail on the bay coast. now, a few months after it op opened, there are new concerns about how safe that trail really is. >> a grand jury report out tonight is raising questions about a potential risk of the new devil's slide trail in pacifica, particularly for children. the trail opened in march after the tom lantos tunnel reconfigured it. we have more on the grand jury's concerns on this. >> they have several main concerns. one, the easy access to the closed-off bunker hill, and the second, they think that somebody could fall off the cliff, so they want a catch net installed.

this former stretch of highway 1 hovers like a ribbon between rocky coasts and wind-blown sea. bonnie has childhood memories of slinging along the curves in her father's chevy. now she and her husband come back to walk devil's slide trail with their friends. >> the trail is great. they've done a beautiful job. >> the trail opened in march, but last july, a san mateo resident filed a complaint about safety. the grand jury report released today highlights three key concerns including a lack of hardline or cell phone service in case of an emergency. >> when this was a road, it was hard to get cell service through here, but that's part of nature. >> dave is also not concerned about the old guardrails. the grand jury warned a small child could climb through them and then tumble down the cliff. >> i think it's safe. it would be no different if you're walking yosemite or lake tahoe. you have to know what you're

doing and watch your kids. >> it's open to bikers, walkers and horse back riders although a study wants horses prohinted by the end of the year, saying when the fog makes the pavement wet, the horses could slip. bonnie doesn't agree. >> i think that's crazy. i think it's very safe out here. >> the san mateo county parks department oversees the trail. the original budget didn't include costs for studies or changes, but the park director said she plans to meet with the phone company thursday to see what it would take to install a hard line for emergencies. in pacifica, tiffany wilson. >> police arrested a contracting suspect after a standoff that stretched through much of the day. it forced police to evacuate neighbors on east 24th street and closed down five blocks in the area. they show us police waiting out the suspect. officers say they spotted a stolen car and two people inside ran off. one