abc7 news begins with breaking news. breaking news, sky 7 is over bart tracks in the east bay where trains are stopped after the discovery of human remains. >> good morning, and thanks for joining us. the investigation is taking place between the concord and north concord stations. the closure affects both directions between pleasant hill and pittsburg bay point. bart officials say they first heard of reports of a person on the tracks before 5:00 a.m. and they searched but found nothing and it wasn't until 8:50 this morning they found human remains. the coroner has arrived.

no word when the trucks will be cleared or re-opened. we will have the latest on what bart is doing and commuter options from the traffic reporter, leyla gulen. yes, we do have all trains stopped in that area. we will take you over there right now and you can see no service between pleasant hill and this pittsburg bay point so they are trying to establish a bus bridge but are offering the alternative of finding another way to get around with a car pool or another vehicle. they are still trying to set up a bus bridge now the coroner is on the scene. a bart spokeswoman told me because the coroner is on the scene it will wrap up shortly. we still do not know when the trains are going to start rolling again. of course, early this morning there was a report of a person walking on the streets just after 4:30 this morning and they think it could be related but they are not too sure.

thanks, leyla gulen. more breaking news from concord, the lockdown was lifted at the elementary school and sky 7 was overhold as police with k-9s and drawn guns searched the campus. officers were looking for a car thief would ran through campus trying to get away from police. he was hiding in a backyard and they took the school off lockdown. we are working to get more information with breaking news continuing on twitter at twitter@abc7newsbayarea. a former bay area resident ended her life this weekend in oregon. the uc berkeley graduate is the face of the right to die movement and supporters will continue to fight for the cause even after her death. amy hollyfield joins us in the newsroom with more. >> there is so much on twitter, hundreds have signed a book comments on how brave brittany

maynard has been to take this step and has create the a national conversation on the right to die. >> we have seen pictures and video of brittany maynard looking beautiful and healthy but the 29-year-old should not fool you, the brain tumor was killing her. people look at me and they think, you don't look as sick as you say you are. which hurts to hear because what i have a seizure and i can't speak after, i certainly feel as sick as i am. >> on saturday, the 29-year-old uc berkeley graduate decided to end her life spending her last week getting as much life as she could celebrating her husband's birthday and traveling to the grand canyon but she was feeling sicker and sicker. >> i looked at my husband's face and thinking, i know this is my husband but i can't say his

name. >> she moved with her family from california to oregon where it is legal for doctors to prescribe a lethal dose of drugs to patients with a terminal illness. she shared the story with the word to convince other states to legalize what she called the right to die with dignity. "compassionate choices," has promised to fight on her behalf. she didn't want to die but she also didn't want to suffer. >> all my dreams came true, i would survive this somehow. >> it is believed that she has changed the debate because she has brought young people into the discussion, especially through social media so even states like california have not passed the right to die laws in the past many believe this time around, it could be different.

thank you, amy. in san francisco, a drill is underway for bay area health care workers on how to respond to the ebola outbreak. we were overhead moments ago at the drill taking place on 19th. can you see a few people wearing protective gear. this is only a drill. the local hospitals can be prepared. there you no confirmed cases of ebola in california. drivers are lining up for gas as prices dip to a level rarely seen especially here in the bay area. nick is in san jose with where the low prices are and what is causing them. nick? kristen, we have increased united states oil production and more fuel efficient cars. you can see the line with prices like that, $2.85 for regular unledded there is no way this line is going to slow down. high supply and low demand have pushed gas prices to an all-time low.

>> it will go down more, thank you, thank you. >> it is a treat for drivers. the national trend has averages at $3 for the first time in 2014. >> lower. we have to claim it. >> claim it and you shall receive it. we found drivers in this line trying to do just that: lines so long finding an empty pump is a game of musical chairs but the drivers believe it worth the wait. >> we were at this san jose gas station when prices plummeted falling another 12 cents before our eyes. >> better for delivery drivers, with delivery in the bay area and keeper gas for the families. >> why is this happen? demand is low and gas supplies are up chalked up to more fuel ever for it cars and refinery switching to less expensive winter gasoline making for unresolution depthed 34-cent gallon drop since july.

>> it adds up. >> this woman is saving from $10 to $20 a fill up leaving extra cash in her pocket. >> i have been coming here for two years and they always have the best gas prices even though i live in sunnyvale. >> without any natural disasters or man made incidents gas prices will fall in time for the holidays and thanksgiving, the busiest travel weekend of the year. >> before the holidays, you could not ask for a better blessing. >> i went to give you an idea of how long the line is: you can see it goes out the parking lot and back up the road to the exit off of highway 101. the owner tells me he expects lines like this to continue as long as he has the cheap of the gas in santa clara county. in san jose for abc7 news. the south bay isn't the only place seeing a dip in gas prices, inen officer, some spots are charging $3.19 down 60 cents

from a month ago. in concord we found gas prices as low as $3.03. in mill valley at $2.99. in shay he $2.93 according to www. gasbuddy.com . officers from around the state are gathering to honor a sacramento sheriff killed during a shooting rampage, a memorial service is underway in roseville for deputy danny oliver and another service will honor detective michael davis jr. tomorrow. the governor is expected to attend both services. thousands of men and women in uniform, friends and family, are gathering to pay tribute to deputy oliver then to be a dedicated cop with a soft heart and laid to rest in sacramento. the prosecutors say a husband and wife are behind the crime spree that spanned two counties. the utah residents fired on

several other deputies and tried to carjack three other drivers before finally being taken into custody. the midterm election day is less than 24 hours and the campaign ads are at fever pitch aimed at millions of americans heading to the polls. at stake? control of the house of representatives and the senate. are we going to vote? >> yes! it looks like democrats are in trouble. republicans need to pick up six seats to re-capture the senate with likely wins in west virginia, montana and south dakota they start the election halfway there. in arkansas, polling suggests that republican is pulling away from the incumbent senate so republicans would neat only just two of ten competitive seats. >> you are about do take over a republican takeover. >> the presidential candidates are out in full force and president obama has barely been seen on the campaign trail.

the ratings are dismal: 44 percent of americans view the president favorably and republicans have tried to make the race a referendum on president obama. >> democrats have been running away from the president and alison lundergan grimes who is battling mcconnell in kentucky is running this ad. >> i'm not president obama. >> in an effort to boost african-american turnout some democrats are resorting to scare tactics with a wanting that a vote for republicans is a vote for another ferguson. >> vice president biden told cnn he doesn't agree with the odds makers and thinks democrats will keep control of the senate but with run offs possible in louisiana and georgia, it could be months before we know who controls the senate. >> candidates will make a last public today to get-out-the-vote for tomorrow's election and they are hoping predises of let voter town out will be wrong. some think statewide town out could be below 50 percent.

san francisco department of elections opened their office in the basement of city hall this weekend for those who want to cast early ballots. early voting is available at most voter offices in the bay area. >> a poll reveal as stocking disconnect between people and politics in california. the poll of 475 likely voters found 40 percent did not know that governor brown is running for another term. a brown campaigner was not surprised saying he did not ask for your vote in the ads. >> you can get information on the candidates and issues in tomorrow's election on your smartphone or tablet with the abc7 news app "your voice/your vote." >> wildlife officials investigating after a blue heron is shot and what they are offering for information leading to an arrest. >> a stiff penalty for certain automakers.

>> a beautiful shot of the bay and blue bays. the wayne is gone. sunshine is ahead. meteorologist mike nicco will let you know how warm it will be today in the action you can't breathe through your nose, suddenly, you're a mouth breather. a mouth breather! well, put on a breathe right strip and shut your mouth. cold medicines open your nose over time, but add a breathe right strip and pow, it opens your nose up to 38% more. so you can breathe and do the one thing you want to do, sleep. add breathe right to your cold medicine shut your mouth and sleep right. breathe right.

and look for the calming scent of new breathe right lavender, in the sleep aisle.

>> wildlife officials are offering reward to find out whoever is responsible for shooting a blue heron lud eled in a corner in a backyard. officials with the spca rescued

the heron and it was shot with pellets from an air rifle. supporters have raised more than $5,000 for information leading to an arrest. the heron is cared for at the international bird rescue in fairly. >> hyundai and kia will pay the u.s. government a record $100 million over misleading gas mile average figures, believed the largest penalty in united states history. the discrepancy was discovered by the epa last year saying that the korean automakers overstated fuel economy figures by one to six miles per hour by a million. hyundai said they made honest mistakes in interpreting complex test requirements but neither admitted liability. >> and now the bart situation: trains are still not running but bart has a bus route to take passengers on their way as they

investigate human remains. meteorologist mike nicco has the forecast. >> good morning from the news broadcast center. i have seen a lot of high clouds and sun. high pressure is on the way. a warming trend is coming for the first part of november the i will let you how warm it will get and if it will last into the weekend. >> coming up, a hidden danger behind the wheel, tired driving could be more dangerous than you thought. >> one size fits...most? a popular brand coming under fire for a sizing

covering benicia, san ramon, san mateo and all the bay area, this is abc7 news. most of us know that drowsy driving is dangerous but it turns out it can be more serious than we realized. a study by aaa for traffic safety shows that more than one in five fatal car crashes involves sleepy drivers. the report also found that a third of crashes involving a drowsy driver results in injury. as daylight saving time ends and evening darkens aaa is urging drivers to recognize fatigue and take action to avoid tragedy. it is a beautiful day and it feels like it is 12:19. >> it is looking nice. >> how does it look from the roof? >> when you travel, it will be dark sooner but you do nut have to dress accordingly for

temperatures in the 40's and 60's deeper into the evening. as we look at live doppler hd we are tracking the high clouds and radar returns comes out of these but that is the radar bouncing off the ice particles and a few water drop lets in the mid-level and high clouds but the best radar returns are to the north where the high pressure will push the storm track the next several days. as it does, and it is closer, we will see high clouds maybe not so thick as today but it will help with the warming friend and check out the light and variable wind. this will ad to the pollution in the air and it will look a little murky but right now the bay area air quality management district is not forecasting any "spare the air" day. here is a look from san jose, at our camera, still watching the building going up and the high clouds behind it, up to a foot of snow in the highest elevations in lake tahoe if you want to see the piths go to my page on facebook and we have a lot from alpine and heavenly and

squaw. upper 50's in oakland and hayward and half moon bay and the rest of us in the low-to-mid 50's and at noon it will be warmer, and this is how it looks from the east bay hills, high cloud and sunshine and above average highs this weekend, and the models are saying the next 14 some days could be dry but we go out to seven so we will say seven days. 66 in millbrae, upper 60's to 70 on the peninsula. upper 60's in downtown and south san francisco and low-to-mid 70 through the north bay valley and upper 60's across most of the east bay shoreline and heading in you will see more low 70s in the east bay valleys and tonight the temperatures are in the mid-40's to mid-50's from our value to san francisco and maybe a bit warmer than this morning and we will still have the greatest amount of high clouds across the north bay and shows doubles the yearly rainfall statistics up to 1" and

only 88 percent of average and livermore is 31 percent and oakland is 62 percent and downtown san francisco is 71 percent and oakland is 48 percent and moving forward a quick look look at what to expect in november in san jose, 70 at 50 and 61 and 44 by end of the month our average is 70's and after today we will not be close with temperatures topping out in the low 70 at the coast wednesday and thursday and mid-70's around the bay and possibly 80 inland with a cooling trend, we are still warmer-than-average and dry friday through the weekend. it feels great out here. hope you can enjoy it. >> popular teen closing retail, is coming under scrutiny this morning. at new are cigar -- are garments designed for one size. critics say the clothes only fit the very small of the sizes which sends the wrong message to teens and even ostracized

others. >> to be trendy and cute you have to wear a size zero or two, that is a very dangerous recipe. >> they defend their sizing policy saying it believes their clothes can fit almost everyone. >> still to come, whatever you do, don't look down. >> the death dying high wire act that had millions of people holding their breath.

( siren wails ) ( pop music playing ) ♪ when you're ready ♪ ready, ready, ready ♪ come and get it ♪ get it, get it ♪ when you're ready, come and get it ♪ ♪ na na na na ♪ na na na na na na na ♪ ♪ when you're ready, come and get it ♪ ♪ na na na na... female announcer: it's a great big world

and it can all be yours. here and only here. ♪ come and get it.

>> coming up at 4:00, an end to traffic congestion. a bay area city's plan to crackdown on driver whose cause gridlock. >> getting rid of the guesswork on abc at 5:00, what scientists have come up find your stuff. >> people from all over came up to watch a death defying high-wire act above chicago. >> nik wallenda completed not one but two tightrope walks across the windy city between the two of two high-rises and then he put on a blind fold and walked between two apartment towers. >> he does not wear a harness. there was no net. his previous knights include

high wire walks over niagara falls and across the little colorado river gorge. >> his great grandfather fell to his death during a stunt in puerto rico in the 70's. you would think that would be something that would keep you from getting on a tightrope. there you go. >> it impresses everyone so much more when his eyes are covered but i wonder if that increases his ability to sense what is under his seat using his sense of feel with no distractions. >> thanks for joining us. here is a look outside. have a great day,

[dramatic music] ♪ >> yeah! [laughs] oh! oh! oh! welcome to millionaire. i'm so glad you've joined us because all this week, we've got america's best and brightest young people playing for big money. it's millionaire: whiz kids. today's whiz kid was student of the year, takes all a.p. classes, and has an i.q. in the top 0.1%. it's safe to say this kid's smart. from tucson, arizona, please welcome 14-year-old isaac dabkowski. [cheers and applause] what up? isaac, come on over here, my man.