re. ♪ come and get it. good afternoon. i'm dan ashley. >> i'm ama daetz. a teenager was killed today while riding his bike to school in cupertino. >> the truck driver who struck him had to be flagged down by witnesses. >> david louie is live at the scene with the latest details. >> reporter: parents as well as young people have been stopping by mcclellan road, scene of this fatal accident this morning shortly after 8:00. they have been dropping off flowers to remember the family who lost a young person today. the sheriff's office says that there have been six student bike-related accidents this school year, only this one involved a fatality. the accident happened as both the teenager on a bike and a

gravel truck were both westbound on mcclellan road. the view from sky 7 hd shows there is a bike lane but investigators are still trying to determine where the cyclist was when he was struck. multiple witnesses saw the accident. >> the driver of the truck continued on not knowing that he actually struck the teenaged boy. witnesses were able to successfully flag him down and notify him he had been involved in an accident. he since stopped and has been cooperative with us. >> reporter: the truck is registered to a company moonlight express. the driver has been interviewed by investigators but not cited. while no blame has been established, some cyclists worry that teens not yet of driving age may not be aware of the hazards of sharing the road. >> you don't understand how dangerous cars are and the power that they have, and how vulnerable you are as a cyclist. so the kids under 16, i don't think really get it. >> reporter: this student from a nearby high school says her perspective changed when she got her license. >> i got my license a year ago so i understand like for drivers

it's really hard to see where bikers are and bikers are kind of reckless when watching where they are in comparison to the car. they don't follow the white line and it's like, you have to be very careful. >> reporter: the identity of the cyclist is being withheld until family has been notified. that's led to a day of uncertainty at the high school. rnlg >> there's not a lot of information that kids know. there's a lot of i don't knows. people are just worried. >> reporter: school administrators will be prepared to offer counseling once there is confirmation the student was one of their own. david louie, abc 7 news. san jose police are investigating a deadly hit and run collision involving two san jose state university students. it happened around 1:00 a.m. on fraternity row along south tenth street. police say solomon freeze was driving drunk and hit a pedestrian who was crossing the street. that's according to our media partners at the san jose mercury news. the victim has been identify as chee lem, who died at a local

hospital. police say freeze sped off after hitting the victim but crashed his car into another parked vehicle two blocks away and was later arrested at his apartment. oakland police are hoping the public can help them find the person who shot and killed this woman in what may be a violent case of road rage. the 30-year-old mother of four was riding in a car with her husband yesterday afternoon when someone in another car shot her. investigators say she and her husband were in a 1998 black toyota camry like this one. they hope releasing the make and model will jog someone's memory. a memorial is set up inside and outside the home of the couple who were high school sweethearts and were planning on getting married soon. her partner says he doesn't know what provoked the shooting. supporters hoping to keep city college of san francisco from closing held a spirited rally this morning. a trial that will decide the fate of the embattled institution began today in superior court.

the city attorney is suing a state panel which voted to revoke the college's accreditation. the city is arguing that decision was made unfairly. >> the financial considerations and all of these conversations are really technicalities. they may be important in terms of running an institution but what we have been doing is educating the students day in, day out. >> the trial could last as long as five days. it will be decided entirely by a judge. the same one who granted a temporary injunction in january that allowed the college to keep its accreditation temporarily. losing it would force the college to close. cal trans baby bullet service celebrates its ten-year anniversary today. the express train cut travel time between san francisco and san jose from 90 to less than 60 minutes. the faster service helps nearly triple ridership in the last decade. the next big change, swapping old diesel trains for quieter, cleaner electric ones. >> it will make a huge

difference in all kinds of ways, certainly in terms of speed of the train and the air quality. >> electrifying the system lets cal train run longer trains and more frequently. cal train has secured all but $140 million of the $1.5 billion project. expect electric trains to start rolling within five years. the san francisco giants took two of the three games here at at & t park over the weekend and now are just one win away as you know from their third world series title in the last five seasons. the team headed to kansas city this morning for game six and they are confident they are going to return as world series champions. >> going back to kansas city, it would have been tough down 3-2 so it was still going to be a battle for sure but we are one game closer. >> it's great. you definitely don't want to go down to their place behind a game. it's huge for us. not getting too excited, though. we're playing a good team. we got to play our best baseball.

>> game six is tomorrow at 5:07. game seven is on wednesday, if necessary. >> abc 7 news reporter carolyn tyler is live from civic center plaza in san francisco, where a huge viewing party is expected tomorrow night. >> reporter: major league baseball gave the city permission to erect that jum botron you see there so fans can come together to watch this possible clincher. the mayor is asking everyone to show their giants pride. giants players, their families and team officials arrived at at & t park this morning to board buses heading for the airport. a small but enthusiastic crowd was there to see them off. >> they're like you and me in that they're not driving big extravagant cars and they're just rolling up in a taxi. it's like wow, okay, they're walking up to the ballpark. that's awesome. >> reporter: the love goes both ways. >> a lot of reason we are where

we are is because of what's gone down in this park with our fans all year. it's been spectacular. >> kansas city, here we come. >> reporter: a lot of fans are going along for the full ride, flying out of sfo to kansas city. at fields coffee across from at & t park, they will be watching game six on tv but the baristas see one particular giant in person all the time. >> he's a really nice guy, real quiet. >> reporter: he was happy to answer their questions. are we going to win the world series? he said yes. yes. it's that kind of confidence that's led to this undercover operation that started today. no one would talk about building floats and the quiet planning under way for a championship parade. perhaps for fear of a jinx. you ready for another parade? >> we are waiting for the game

tomorrow night. >> reporter: if you are looking for a place to watch that potential clincher, a jumbotron is being set up in front of city hall at civic center plaza. a viewing party for you and thousands of giants fans. in san francisco, carolyn tyler, abc 7 news. >> abc 7 news' mike shumann is in kansas city, sharing what he's seeing through twitter and doing it while wearing his orange-colored reading glasses. mike shumann will have live coverage throughout the rest of the world series. follow him on twitter. >> i like the glasses. we had great weather for the weekend when the giants were here. now we are looking ahead to the work week. >> a little bit of rain, spencer. any more on the way? >> maybe a little on the way but it will be towards the end of the week. right now the week is off to a lovely start, mainly blue skies right now, just a few high clouds around. here's live doppler 7 hd.

it will give you a different perspective of what i just described. you can see a few thin high clouds moving across the area right now. mainly sunny skies. especially from this point of view, as you look at the golden gate bridge with traffic flowing nicely, i might add. current temperature reading, 64 in san francisco. oakland, 66. san carlos, 68. san jose, 68. 71, morgan hill. 63 degrees at half moon bay. check out this view from the emeryville camera looking west. mainly blue sky, a little patch of high clouds or midlevel clouds moving overhead. 71 in san rafael. 72 fairfield. concord, 69. livermore, 71 degrees. as we look at a different view of the sky from the east bay hills camera, this is the first forecast. mostly clear skies tonight, bright and sunny tomorrow morning with maybe a few trailing high clouds. low temperatures tomorrow morning ranging from 43 to 55, then a mild afternoon coming our way tomorrow under sunny skies. we will see mid to upper 60s at the coast and mid to upper 70s inland. i will give you a look at when we can expect the next bit of

rain, probably around halloween. dan and ama? >> i will go as an umbrella. thank you. still ahead on abc 7 news at 4:00, the dramatic rescue made after a man gets trapped in a burning car. plus, your voice, your vote. should sentences be shortened for low level criminals? both sides weigh in on that next. and new at 4:30, a deadly mixture of chemicals. the dangerous plan that may be gaining popularity among young people in the bay area. 7 on your side's michael finney is taking your questions on twitter and facebook. he will answer them here live just a little later. >> at 4:10 on this monday, checking your traffic, san francisco skyway as usual on the right-hand side, your traffic heading toward the peninsula, 101 south moving much better than on the left-hand side, traffic approaching the lower deck of the bay bridge going to the east bay.

in florida, the u.s. coast guard rescued ten cuban migrants in the waters off miami. they were found clinging to an overturned raft. no word on their condition. three others are still unaccounted for. officials say there has been a surge over the last year in cuban migrants attempting to reach the u.s. by sea. out now! >> a group of good samaritans was caught on cell phone video

saving a man's life over the weekend near richmond, virginia. the driver was stuck in the burning car. people started trying to kick in the sunroof at first and when that didn't work, a man with a hammer broke the glass and pulled the man out. the driver was taken to the hospital with non-life threatening injuries. next week, california voters decide whether we should ease up on sentences for some low level drug and property drug crimes. supporters of proposition 47 say it will save hundreds of millions of dollars and reform an outdated system in this state. those against it say it will make california a more dangerous place. tonight, let me give you a look at what both sides are talking about. >> more than 60% of people released from prison in california are back inside within three years. >> we have a system where six times out of ten, you are failing, i would say that that's not a working system. >> reporter: san francisco's district attorney thinks proposition 47 will help change

that. the measure would require some non-serious and non-violent crimes be charged as misdemeanors, not felonies as often happens now. that means shorter sentences, served in county jails, not prisons. people already serving time for those crimes could apply for the new shorter sentences. >> there are about 13 other states that have already done this including texas and many of the osouthern states and they have been able to take those servings and put it into service. >> reporter: analysts estimate state and county savings could reach several hundred million dollars. the measure requires the money saved be used for mental health care and drug treatment. programs to cut truancy in schools and crime victim services. >> the funding is strictly earmarked for this purpose and cannot be raided or go into the general fund. >> reporter: the crimes that would require lower misdemeanor sentences are possession of a small amount of illegal drugs for personal use and crimes where the total loss is under $950.

including theft, forgery, writing bad checks, and receiving stolen property. proposition 47 is supported by the american civil liberties union, teachers unions and has received major campaign contributions from both liberal and conservative groups. however, this measure is opposed by a long list of law enforcement groups including the associations of california police chiefs and district attorneys. alameda county's d.a. says prop 47 goes too far. she believes the crimes covered by the measure sometimes deserve stronger punishments and prosecutors need discretion for each case. >> i don't understand why theft of a firearm should only be a misdemeanor. i don't understand why things like date rape drugs or burglarizing a business should only be a misdemeanor. >> reporter: she thinks estimates of the money saved are exaggerated. she says the state is already giving counties millions of dollars to help rehabilitate felons who are being transferred to county jails. but if those felons are reclassified as misdemeanor

offenders they won't be eligible for that help. >> i think that that puts us in a very dangerous position in how much intervention we are going to give and really, how we are going to protect victims. >> reporter: opponents worry prop 47 could result in the release of dangerous criminals. >> we can't just allow people not to take responsibility for their bad acts and let them completely off the hook. >> reporter: while supporters believe it is reform that will actually make us safer. >> take the savings we have for not incarcerating people with mental health or substance abuse problems and use that money in order to provide services to reduce recidivism. >> now, you can read all the facts about races and propositions and next tuesday's election with our abc 7 news app. it is free to download. we also have more information at abc7news.com/apps. time to check on our weather. looking great behind us. >> it is indeed. spencer christian is outside tracking it all on live doppler 7 hd. >> it's looking great behind me

as well. i have been checking it out. we have fewer clouds in the sky right now, at least in this location, than we had ten minutes ago. here's live doppler 7 hd. the high clouds, thin clouds are continuing to move across the bay area and in some cases out of the bay area. check out this view. mainly blue sky looking northward and shifting now a little bit to the north-northeast, just a lovely afternoon here in the bay area. these are the forecast features. mostly clear skies overnight, a warming trend into wednesday, and a not so scary halloween storm is moving in our direction. i will show you what i mean. here's the satellite image. you see this first approaching storm which is not the one that will bring us a chance of showers. this one will stay mainly to our north. it's this second system out in the gulf of alaska, not quite even in the gulf of alaska yet, that will bring us a chance for some showers on halloween. let's start the forecast animation thursday night into friday morning. 5:00 friday morning, we will see showers developing to our north

but not moving into the immediate bay area. later in the day on friday, midafternoon or so, we will see some areas of showers moving around the bay area. our shower chances will increase but that doesn't mean all of the bay area will see showers. in fact, we may not see any showers at all but there is that chance during the afternoon hours friday. then later in the evening hours, looks like the chances will sort of disappear and skies will be mainly clear overnight friday night into saturday morning. so this storm may miss us entirely but if it does hit us, it looks like it will just deliver a few light, widely scattered showers. overnight, look for clear skies tonight, cool conditions in the north bay valleys with lows in the mid 40s. we will see low 50s in most other locations. then tomorrow, mainly sunny in the south bay with highs in the mid to upper 70s, about 74 at san jose. 77 at morgan hill. on the peninsula, we will see highs ranging from 72 at san mateo to 74 at redwood city. 73, palo alto. coastal highs in the mid to upper 60s tomorrow. 65 in pacifica.

67 at half moon bay. downtown san francisco, a high of 69. south san francisco, 70 degrees. north bay highs under sunny skies, 75 in santa rosa and sonoma, 76 at napa. over in the east bay, look for highs mainly in the low to mid 70s. 72 in oakland, 74 castro valley and fremont. the inland east bay, highs in the mid to upper 70s, about 77 at livermore, 76 in walnut creek, 78 at fairfield. here's the accuweather seven-day forecast. notice it continues to get milder and milder through wednesday, then slightly cooler on thursday. chance of a showery halloween but once again, it doesn't look like all parts of the bay area will see showers. there is still a chance that nobody will see a shower at all. it should all be over by midday saturday, if it materializes at all. then we start to get milder conditions on sunday and monday. don't forget to set your clocks back saturday night or sunday morning as we fall back to standard time and regain that extra hour of rest or partying on saturday night.

>> thanks, spencer. up next, a partially paralyzed kitten must undergo a risky surgery. what its owner says caused the problem. plus caught in the act. new after 4:30, the 911 call made during their getaway that got them arrested. checking traffic on the san mateo bridge on the right-hand side, smooth sailing on over to the peninsula. the traffic coming toward 880, coming to the east bay, a little heavier.

hey john,whoa!k it out. yeah, i was testing to see if we really can turn any device in your house into a tv. and the tablet worked just fine. but i wanted to see if the phone would work as well. so i shrunk sharon. every channel is live just like on tv. but it's my phone. it's genius. shh! i'm watching tv. tiny sharon is mean. i'm right here. watch any channel live on any device around your home. download the xfinity tv app today.

giants fever is infecting everyone, even the women of abc's "the view." this morning, nicole wallace who went to cal stood up for the orange and black. >> well, i'm obsessed with my san francisco giants. they are kicking butt in the world series. >> but nicole, you've got to root for the underdog. you still got to root for the underdog. >> i root for the republicans.

>> it's been 29 years. 29 years. 29 years. [ speaking simultaneously ] >> listen, i root for the republicans. i have done my time for the underdog. i'm rooting for the giants. giants all the way. >> we're not rooting for the underdog. you can watch "the view" weekdays at 10:00 a.m. right here on abc 7. a microchip mishap may be to blame for kitten in culver city becoming partially paralyzed. >> the six week old kitten was dropped off at the county animal shelter last week after being found on the street. when a woman went to the shelter to adopt him, she asked them to insert a microchip. >> shortly after, muffin started stumbling around barely able to move, poor thing. >> they did the x-ray and came to the conclusion that the paralysis was due to the microchip implantation which really really close in to the

spine. >> the microchip can be clearly seen on x-rays lodged in muffin's spine. there it is. she will undergo life-threatening surgery to remove that chip in an effort to restore the ability to walk. muffin's owner wants the shelter to take responsibility after botching the procedure. >> hope the surgery is successful. still ahead on abc 7 news at 4:00, a dangerous trend among young people that started overseas may be growing here in the bay area. the warning from local police. plus we are learning new details about the high school freshman who went on a shooting spree last week. how police say he targeted his victims. and later, a tipping point when it comes to the way we dine. the new policy at some bay area restaurants.

good afternoon again. a frightening turn of events for a bay area girl over the weekend. abc 7 news reporter laura anthony tweeting that the girl had to get more than 100 stitches after she flew off a trampoline and through a glass window during a halloween party at a gym. laura has been working on that story all day and will have the details at 5:00. the fate of san francisco's embattled city college could be decided by a judge by the end of the week. opening statements began today in the legal fight between the

city and the state panel that voted to revoke ccsf's accreditation. students and staff members rallied this morning in front of superior court, hoping the judge will keep the college open. abc 7 news reporter vic lee is working on a disturbing story. a peninsula teenager who took his own life with something called chemical suicide. authorities say this type of suicide is becoming more common in the u.s. after it started in japan and word spread online. abc 7 news reporter vic lee is live with the story. >> reporter: it is disturbing, as you said. there has been a rise of these so-called chemical suicides in this country since it was first reported in japan about a decade ago. now, the latest one was here in hillsborough last night. the coroner has yet to release the suicide victim's name or even if he's a resident of this town, but i can tell you that a lot of local police and fire departments have adopted protocols in dealing with these

suicides because they are so deadly, especially when you breathe these fumes in confined spaces. >> on the outside of it, this appears to be such a chemical suicide. >> reporter: the coroner still has not released cause of death but police believe the young man, about 18 years old, died from inhaling the toxic gas hydrogen sulfide. police and firefighters found the man slumped over in his car on haines road in hillsborough at about 9:30 last night. the first responding officer was overcome by fumes when he opened the car door. he was treated and released at the scene. police cordoned off the area while haz/mat crews and the county's terrorism counterassault team were called in. all wearing protective clothing. >> we have had an uptick in those in the county. that's why we received additional training in how to deal with them. >> reporter: this is the second reported chemical suicide on the peninsula and in the south bay in the past month. in late september, two people, a father and son, were found dead

in their apartment in mountainview. they had also died from inhaling hydrogen sulfide. in both cases, first responders reported a strong odor of rotten eggs, an indicator of the lethal gas. this method of suicide originated in japan mostly among young people, where thousands of cases have been reported in the past eight years. hydrogen sulfide is produced by mixing common household chemicals and can quickly reach lethal concentrations in confined area. there is a twisted protocol among many who commit chemical suicide. >> a lot of times people will leave a warning note on the door saying to caution, chemicals or call the authorities. >> reporter: police have not released information on whether the latest suicide victim left a note warning first responders. vic lee, abc 7 news. we are learning new details today about the deadly shooting involving a washington high school freshman.

police now say 14-year-old jaylen fryberg sent a text message inviting five friends for lunch in the school cafeteria, then shot them at the table. they say his victims were targeted. also today, the community held a moment of silence to remember the victims from friday's high school shooting. the total of three students were killed before fryberg shot and killed himself. last night, hospital officials announced 14-year-old gia soriano died from her wounds. three other students are still in the hospital, two in critical condition. there is still no firm motive on this. the high school will remain closed this week. a nurse who was quarantine after treating ebola patients has been released. doctors now have the results for a 5-year-old boy being treated at the same hospital. abc 7 news reporter marcy gonzalez has the latest from new york. >> reporter: today a 5-year-old testing negative for ebola in this new york city hospital. the boy who recently traveled from west africa was rushed here

by a haz/mat crew last night and came down with a fever this morning. >> everything has been handled again according to protocol. >> reporter: dr. craig spencer, who was infected while treating ebola patients in guinea is still in this hospital. all soldiers returning from africa are to be quarantined for 21 days as the cdc changes its guidelines. >> the new guidelines increase the level of protection by outlining different levels of exposure and different public health actions that can be taken for each of those levels of exposure. >> reporter: this following the controversial decision to quarantine a nurse returning from treating ebola patients in sierra leone. kaci hickox was forced to spend the weekend in a cold tent outside university hospital in newark, new jersey. though she showed no symptoms and tested negative for the virus. telling cnn it was inhumane. >> i feel like my basic human rights have been violated. >> reporter: as she returns to maine to continue her quarantine

at home, new jersey governor chris christie defends her treatment. >> i know she didn't want to be there but the fact is i have a much bigger responsibility to the people of the public. >> reporter: back here, dr. craig spencer is looking a bit better though is still listed in serious but stable condition. marcy gonzalez, abc news, new york. residents living in the path of this lava flow in hawaii have been warned they may need to evacuate their homes as early as tomorrow. new video from today shows just how far the lava from the big island's kilauea volcano has traveled over the last 72 hours. it is now just 100 yards from the town of pahoa. a former scout leader has been helping residents in the area. >> i have a lot of resources and six trucking companies have committed. >> the volcano has been erupting continuously since 1983. most of the lava has flowed south into the ocean but for the

past two years, the lava has flowed in the opposite direction toward pahoa. alcohol, women and cash. it's all part of a major scandal rocking the u.s. military academy at west point. abc news reporter karen travers tells you more about red faces in the long gray lines. >> reporter: booze, women and money. these are the shocking details about how army football players tried to lure high school recruits. cadets treated 14 high school players to a wild weekend of partying and underaged drinking, an annual tradition but also a violation of ncaa rules and the military academy's disciplinary code. the gazette in colorado springs broke the story. the group of cadets took the recruits to a bowling alley known for tolerating underraged drinking. >> everybody ordered a bunch of beer. >> reporter: west point never went public with the incident but it did self-report the recruiting violations to the

ncaa. the academy said it punished the cadets involved including, the gazette reports, the starting quarterback, angel santiago. >> the cadets are members of the military. they are on the payroll. they also agree to live under the uniform code of military justice. >> reporter: there's more. the gazette claims to have obtained a west point internal report, a portion of which it shared with abc news. this report indicates there was a separate incident in february where a lieutenant colonel asked west point female athletes to be dinner dates for recruits, telling at least one cadet quote, we want recruits to see that there are pretty girls that go here and there are not just masculine women who attend west point. west point's superintendent denies there were arranged dinner dates. karen travers, abc news, washington. coming up on abc 7 news at 4:00, there were many highlights to last night's giants win including unfortunately the national anthem screw-up. what the singer is saying about the mistake seen across the

country. in today's 7 on your side q & a is just ahead so i'm still taking your questions on twitter and facebook. you can contact me right now. i will answer your questions here live in just a little bit. i'm spencer christian. we see just a few thin high clouds passing through the bay area sky but no rain in sight for a few days. i will have the accuweather forecast in just a moment. let's take you outside to 680 in walnut creek. as you can see at 4:37 on this monday, it's moving very nicely in both directions.

californians are discovering the real risks behind prop 46. it was written and paid for by the trial lawyers to make them millions... while, for the rest of us, health care costs go up. no wonder every major newspaper in the state opposes prop 46. they say 46 "overreached in a decidedly cynical way." it's a ploy "for trial lawyers to enrich themselves." and prop 46 has "too many potential drawbacks to be worth the risk." time to vote no on prop 46.

a london hotel is casting a spell on harry potter fans. the rooms at the georgian house are called wizards chambers, decked out with potion bottles and other items from the popular book and film series. a one night stay for two will cost more than $300. that price goes up if you want some of the extras like a tour of the movie set. demand is so high the hotel website keeps crashing. the hotel is booking rooms into december 2015. ♪ oh, say can you see ♪ by the dawn's early light ♪ what so proudly we hailed

were so gallantly streaming ♪ >> you heard it. last night's national anthem at the world series at at & t park had the players a bit lost and confused. aaron lewis flubbed the line at the twilight's last gleaming singing instead were so gallantly streaming which comes later. he posted an apology on his website asking for the nation's forgiveness. he says his nerves got the best of him and he is completely torn apart about what happened. i have sung it at a number of sporting events and never messed it up but it is nervewracking. >> spencer christian is checking our weather. >> that's why i never sing the national anthem at a major event except if the rest of the crowd is joining me. a look at live doppler 7 hd under blue skies chasing away patches of clouds. a lovely afternoon around the bay area. tomorrow across the 48 contiguous states, look for

mainly sunny skies although we will see a trail of showers reaching from the eastern great lakes down through the ohio valley into the lower mississippi valley, and up in the pacific northwest, showers around seattle and portland. but not here in the bay area. let's focus our attention on kansas city where tomorrow evening it will be game six of the world series, giants and royals. a victory tomorrow could wrap it up for the giants. a bit chilly at game time, 7:00 p.m. central time, clear skies, temperature of about 57 degrees. that's not anything new to the giants, though. across the state of california tomorrow, apart from the northwestern corner, we will see sunny skies and mild conditions. here in the bay area, that's what we will see as well. sunny from coast to inland, highs ranging from mid to upper 70s at the coast to low 70s at the bay to mid and upper 70s in the inland areas. lovely day tomorrow. we may see a few showers for halloween but that's iffy. you should say the forecast is a bit tricky. it may turn out to be a treat.

>> good one. thank you, spencer. still ahead on abc 7 news at 4:00, walmart's apology after its halloween costume section online causes an uproar with customers. plus, the burglars busted by a pocket dial. the 911 call made during their getaway that got them caught. i'm 7 on your side's michael finney. does the ways traffic app use your data?

a handful of good samaritans tackled a belligerent man at a dallas airport after the man attacked another man for wearing a pink shirt. the assault was caught on video near a checkout counter at dallas-ft. worth airport on thursday. the man can be heard yelling anti-gay obscenities before he starts kicking and punching the victim. right away, some people nearby wrestled the man to the ground. police arrest him, take him away. police have not released the man's name. now to a couple of accused criminals who foiled their own heist. one of them accidentally pocket dialed 911 and confessed to the crime, unaware he was being recorded. i didn't say he was smart. abc news reporter t.j. holmes with the story. >> 911, state your emergency.

>> reporter: this morning the butt dial that landed their butts in jail. >> that's the first thing i stole. >> reporter: police say the 37-year-old unknowingly made this 911 call to roswell, new mexico police in late september, just after he and his accomplice allegedly stole a television from this house. >> we picked up the [ bleep ] tv and [ bleep ]. >> reporter: dispatchers rolling on what police say is the unintended confession for nearly 45 minutes as the chatty pair rattles on. >> we should have gotten a lot more. we got away safe, clean. >> reporter: in the background, their apparent getaway anthem, bon jovi's "wanted dead or alive." i'm not making this up. the oblivious accused thieves even leading police right to the scene of the crime. >> going over to hervey street to check out a house.

>> the officer was sent to the address they mentioned to check on the house, found that it was indeed, had been burglarized. >> reporter: the alleged crooks remained blissfully ignorant, even cocky. >> look at it this way. we got away free and clean. >> reporter: that is until the police nabbed the suspects earlier this month after they traced the call to his phone. a dead giveaway for a duo accused of pulling off the perfect heist but who may have phoned in the rest. >> that was t.j. holmes reporting. one fcc commissioner says 50% of all 911 calls are accidental pocket dials. walmart is apologizing after causing a firestorm online for a certain label put on its halloween costumes. the plus-sized costumes were labeled as fat girl costumes. the label was first discovered last tuesday by a customer. it was taken down, but this morning, it reappeared on the site. walmart has removed the fat costumes label, calling it unacceptable and says it's working to make sure this doesn't happen again.

we have received a lot of responses to this story on our facebook page. you can join the conversation at facebook.com/abc 7 news. 7 on your side's michael finney is here answering questions sent to him by facebook, twitter and e-mail. first up, patty t. e-mails my son wants to get a home loan but just found a five year old medical bill on his credit report. he now -- has he now paid it off and -- he has paid it off, will this make a difference? >> it will make a little bit of a difference. not a lot. because it's gone five years without being paid. so that's kind of a problem. did he know he had that bill? if he didn't, he should contact the hospital, the one he just paid off, and say hey, i didn't know i had it, maybe it's a mistake. will you take it off. sometimes, not often, sometimes you can get them to take it off. if he is actually going to go get a loan and plans to do this fairly soon, i want him to spend a couple bucks and go to my

fico.com. that's the fico website. they invented the credit score, the most used credit score. you can go there, tell them what it is you are going to do and ask them how will that affect your credit score. it's all online. you don't verbally say it. so if i pay off this bill and it will tell you what will happen. that way you can see what he needs to do to get his credit score to the place where he can get a good loan. >> jennifer asks are chain grocery stores in sonoma sells expired food. thinks legal? >> you bet. we have done a ton of stories on this. not only is it legal -- there is one exception to this, and that's baby formula. you are not allowed to sell out of date baby formula. if you see that, let me know about it because i really need to check on that. we bust stores fairly often on that. other than that, it's completely legal. it is probably completely safe. i'm going to post a story we did six, eight months ago on this. go to our website. we have all this information on past due dates.

>> which basically is not usually a problem. >> it's almost never a problem. ian asks on facebook does the ways app use your data? >> that's a navigation app that's offered by 7 on your side. all of abc 7, pardon me. any app you use will gather information. it's how much does it gather. a lot of the flashlights, they gather everything on your phone. so unless you want everything gathered and you don't want to download those apps. this one is interesting. it gathers all but nothing if you don't become an official signed-in user but you use the app, you just don't get every single feature, it collects almost nothing. if you say friend finder it has to take your information to find out who your friends are to find them. it starts gathering more and more. you really have to read these and say what level do i want to give this information out to get that. >> lot of people ask this. >> thank you, michael. coming up, some bay area

restaurants are doing away with tipping, believe it or not. >> but it doesn't mean you are going to get out without having to pay for the service. we will explain, next. i'm cheryl jennings. coming up new at 5:00, the recovery of a 10-year-old girl after she flew off a trampoline and through a plate glass window. she has more than 100 stitches. michael returns with consumer reports' annual list of the most and least reliable cars. there are some changes. those stories when we join you for abc 7 news at 5:00. a remote that lives on your phone. more wi-fi in more places. a movie library you can take wherever you go. internet speeds that have gotten faster 13 times in 12 years. the innovators and inventors at comcast labs are creating more possibilities for more people every day. comcast. bringing media and technology together for you.

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fans are showing off their world series pictures. check out this giants ink tattoo. ever since the world series special started, they have had an onslaught of giants believers in the shop. together, we are giant. we want to see your fan photos. e-mail them to kgo-tv.com. ever wonder how much to leave as a tip for service at a

restaurant? this weekend, six bay area eateries decided to do away with the old tipping system completely but there will still be a charge. abc 7 news reporter sergio quintana is live with those details. >> reporter: this weekend, restaurants in berkeley, oakland and two here in san francisco announced they will soon be non-tipping restaurants. here in the south market district, this is one of them. the owner tells me it's in part because they fully expect that voters will soon be approving a $15 minimum wage hike here in san francisco. this has become one of san francisco's destination spots for serious foodies but the co-owner says this and his team's other restaurant will no longer issue customer checks with a tip line. >> for now, a line item saying service included at this percentage and there would be no

option of that anymore. >> reporter: this policy comes as minimum wages in the bay area continue to rise. oakland just went up by $1 in march. at most san francisco restaurants, wait staff already make more than the minimum wage because of their tips but continuing wage hikes only benefit those tipped employees. >> the back of the house doesn't get any of it because most of the people from the back already get more than minimum wage. >> reporter: he says he's waiting to see what happens with other restaurants before making any changes to tips. plans to move to a flat service charge would theoretically allow restaurant owners to boost wages for all their workers. customers have questions about the new policies. >> it's just a complicated task to make sure that 20% gets filled out equitably to everybody, every time. >> reporter: what if you're not happy with the service? >> i don't know that you have much choice unless you want to take the time to talk to the manager and explain why you're objecting. >> reporter: they are still

working out details on the new policy and how it will be carried out. in san francisco, sergio quintana, abc 7 news. thank you for joining us for abc 7 news at 4:00. i'm ama daetz. abc 7 news at 5:00 begins right now with dan and cheryl. next at 5:00, tragedy for a teenager hitting an entire community very hard. also, the giants hit the road for kansas city. this team and their fans are really confident. the trial now under way that could decide the fate of the largest community college in the country right here in the bay area. i'm abc 7 news meteorologist sandhya patel. warm the next few days but it's a tricky forecast for halloween. all the details coming up. i'm glad i just got bandages and didn't have anything broken. >> bandage and bruised, a

10-year-old girl recovers after she went flying off a trampoline and through a tempered glass window in an east bay gym ninass center. >> poor thing. that young girl's party turned into a frightening ordeal. tonight she has more than 100 stitches. abc 7 news reporter laura anthony is live from antioch with the story. explain how this happened. >> reporter: well, let me show you. there are actually shards of glass still out here. these are some of the shards that were involved in this incident on saturday afternoon. kyla graham told us she was about to get off this trampoline and let another little girl take her turn when one of the last jumps sent her in the wrong direction and through this window behind me. >> i was jumping and then i was trying to jump the other way. >> reporter: instead of going to school or getting ready for halloween, 10-year-old kyla graham is lying in her bed nursing her many wounds after a

freak accident at the four stars gymnastics academy that sent her flying through a large glass window. >> i jumped and i flew the other way so i put my hands on my face so i could protect my face and i like flew up the window and landed on the ground. it was just like hurting a lot. >> everywhere, huh? >> it was like some of my skin was off. >> reporter: it happened when she and her friends attended a halloween party at the academy saturday afternoon. >> they said this is concerning a child, your granddaughter. i said yes. she just flew out a window. i said what? >> reporter: shirley received a call from an academy staff member telling her kyla was on the way to the hospital. >> she just said nana. i said i'm here, baby. it was just a horrible sight to see a child like that. >> reporter: the fifth grader has deep gashes on her arms and legs that required more than 100 stitches. and she