police administered two blood alcohol arrests but would not release the results. the most recent two years ago when he smashed into a tree and damaged an adjacent yard. he told us then he was going to change. >> let it be known that this is a problem and it's something i will get fixed and i'll do everything in my power to make sure this never happens before. >> people stumble, the words of 49ers coach jim tomsula. i asked tomsula if he believed smith was mending his ways and if he would return to football. >> he's in that process of turning his life around. he's in that process. in terms of him playing football again, i sure hope so. i think he can and i want him to. >> media sites are reporting the car smith damaged allegedly belongs to collin kaepernick. both are said to be involved with radio host nessa. >> he could face a probation

violation and suffer a fairly significant sanction because he was given the benefit of the doubt so recently by the court. >> what kind of sanction are you talking about? jail time? >> yeah, he could definitely go back to jail. >> in santa clara, david lui, nbc 7 news. this may surprise you the 49ers lead the nfl in the dubious category. players arrested since 2012. the most recent aldon smith. in march bruce miller was arrested on suspicion of spousal battery. ray mcdonald for felony domestic violence. april 2014 aldon smith was accused of making a false bomb threat at lax. in march chris culliver arrested for hit and run. in january of that same year daniel kilgore was arrested for public intoxication. in september smith was arrested in san jose on suspicion of driving under the influence. february of 2013, al netter arrested for dui. november 2012 demarcus dobbs also picked up for dui.

in february 2012 ray mcdonald was arrested in sunny vail for an outstanding warrant and in january 20612 aldon smith was arrested in miami for dwi. >> smith's arrest came days after he received high praise from trent balke. a headline had balke calling smith and teammate vernon davis keepers. balke said he was pleased with smith personally and professionally. david lui said hoped to sign him to a long-term contract. it has been a rough off season for the team. in addition to losing coach jim harbaugh to michigan six well-known 49ers left the team. justin smith, linebackers patrick willis and chris borland and anthony davis. the team lost star running back frank gore to indianapolis. michael crabtree to the raiders. >> the parents of 16-year-old girl killed in arabian na flight 214 have dismissed their lawsuit. she was one of three people

killed when the plane crashed in 2013 landing at sfe. she was ejected and lying near the wreckage covered in firefighting foam when she was run over by crews responding to the crash. they did not see her. the family has not issued a public statement about today's decision. san francisco city attorney dennis herrera said the dismissal vindicates firefighters heroic efforts. a 20-year-old u.c. berkeley student was robbed right in the middle of campus. that student was robtd about 12:30 p.m. it's a place filled with people. two men confronted the student, one holding a silver handgun stole the victim's cell phone and wallet. the thief ran away. the student was not hurt. santa rosa police are looking for a man who attacked a convenience store clerk during an armed robby. the clerk did suffer minor injuries.

they stood watch with a baseball bat. they don't know whether that person was a male or female. the two got away with an unspecified amount of money. new details on the 42-year-old san francisco woman charged with the murder of an 18-year-old balboa high school student back in may. sylvia mon toy yes pleaded not guilty to killing jonathan cavaiero on may 31st. the district attorney said the two were living together and in a romantic relationship. >> until we get more evidence from the da's office i'm not ready to comment on what her defense is going to be. >> the police report is flimsy with three witness statements. each one sentence long contradicting each other. a motive has not yet been determined. a man who recorded a police officer pulling a gun on him is now filing a civil rights claim against the city of roanoke park. the video went viral. laura anthony has the story.

>> the purpose of the brandishing of the weapon was apparent. it was to harass him. >> put your gun down really. >> the attorney for the roanoke park man who shot this video tells abc 7 news says his client didn't deserve the treatment he received from dave rodriguez. >> you have your gun out because you're a police officer. you're trying to intimidate me. this is going all over youtube. >> no one died but it's a situation where police can't do this. they're the people who are supposed to be protecting us and we shouldn't feel like we need to protect ourselves from them. >> you don't touch me. you don't touch me. >> reporter: his attorney has filed a claim against the department alleging civil rights violations and intentional emotional distress. >> i've done nothing. >> the incident happened july 29th as he was loading his boat outside his home.

>> what have i done? answer me, what have i done? >> reporter: the attorney for officer rodriguez released this written statement. quote, while some aspects of their contact were captured on video, officer rodriguez is eager to share a complete accounting of the events which led to the contact. >> have a nice day, put it on youtube. i don't care. >> i will, sir. >> in the meantime rodriguez has been placed on administrative leave and the city is launching an independent investigation. laura anthony, abc 7 news. a san francisco police investigation has determined that officers involved in a controversial 2014 shooting acted within the department policy when they fired their weapons. officers shot and killed 28-year-old alex nietto in august of last year. it sparked national protest. an autopsy determined that he was shot 15 times. officers say they mistook a taser he was carrying as a

firearm. they've filed a civil suit against the city. only one kidnapper out of three from a hijacking of a bus full of kids years ago. the 63-year-old was granted parole in june. he spent nearly 40 years in prison for kidnapping 26 children and their bus driver hoping to collect a $5 million ransom. shawn feld is the second of three kidnappers to be released. his brother richard was paroled three years ago. frank woods remains in prison. he comes up for parole again this fall. governor brown has until midnight to decide whether or not to grant parole to a transgender inmate fighting to have the state pay for sex reassignment surgery. in april a federal judge ordered the state to provide 51-year-old michelle norsworthy with that surgery but the state is appealing the ruling. if brown does grant that parole it is not clear whether norsworthy would be able to have the prison funded surgery before she is released. brace yourself.

traffic could be a problem in san francisco tomorrow. thousands are going to at&t park to see megaminister joel osteen. up to 50,000 are going to fort mason for the j. pop summit featuring all things in japanese pop culture. fun event. and then there's outside lands in golden gate park expected to bring in more than 125,000 people and that is where abc's reporter wayne freeman is live on this massive music event now underway. wayne. >> reporter: dan, i don't think massive is a big enough word for it. we need more syllables to explain how big this event is. many coming for mumford and sons. the head liner. we're looking at 70,000 people a day for the next three days. to are this opening day they have perfect summer weather for san francisco. sometime between yesterday and this morning the transition became complete. golden gate park turned into a city within the city and outside

lands, the in place to be. >> i look forward to this all year. >> more than christmas? >> yes. definitely. >> reporter: so said alex franklin from portola valley here for the third straight year now here for the eighth. in the vip section at $300 per person per day life is good, very good, especially for beth stelter who lives a mile away. >> we can ride our bikes here, which is fun. >> reporter: the surprises began early on the sutro stage. that's leon bridges who packed the green. concert ceo craig perlof says in the festival's history he's never seen a crowd this big this early. >> it's amazing. people will tell you who they want to see and so when you say a surprise, well, i knew he'd have a big crowd. this is an enormous crowd. >> one enormous crowd in a weekend that will be defined by them. >> and a crowd, we might add, a crowd we might add that is still

entering into this area now. they're not using tickets, however. that's a change this year. they're using these wrist bands inside these wrist bands are electronic chips. as you walk through the gate, you wave the wrist band, they know who you are. live at golden gate park, wayne freedman, nbc 7 news. being tracted in outside land. >> wayne, thank you. just ahead, overhauling school lunches. >> to renovate, that is $50,000. >> the new push to give school kitchens more refrigerator space and fewer micro waves and can openers. >> an incredible lightning show. it did some damage to one south bay home. we'll have that story. also, the big scare for some passengers on a delta flight. we'll explain. i'm michael finney. lactose free

and we just couldn't say thno to that face.ns then we wanted more of that local flavor so betty says... oh yeah, that's betty. you're going to want to do this alligator thing. and betty didn't lead us wrong. a little later we passed some dancing. and who doesn't like dancing? especially when it's followed by fireworks everyone's nola is different. follow yours.

covering all the bay area, this is abc 7 news. boy, look at this. scary moments for passengers on a skywest plane. look at the flames shooting from the engine as it was on the tarmac in nashville. the plane was en route to cincinnati. delta says there was extra fuel in the tailpipe that ignited. many school cafeterias in california are challenged while preparing fresh, healthy meals because of outdated kitchens. east bay congressman has introduced a new bill called the school food modernization act to change that problem. abc 7 news reporter ann maine len dez has the story. the healthy hunger kids act was signed in 2010. it raised the bar when it came to cafeteria food. since then cafeterias have had to deal with the demands of this act using antiquated equipment.

now a national survey found 88% of schools needed at least one piece of new equipment. serving new tables, floors, ovens, hoods and warm boxes. >> reporter: most of the kitchen here has been modernized. this ensures that students are given healthy meals served on site. >> like most schools, the refrigeration system is out of date. >> come on in. >> it's both inefficient and lacks the necessary space to store perishable goods for an entire week. >> while the federal government has told schools they must have more variety and serve better meals, districts have had to fend for themselves when it comes to modernizing the

cafeterias. >> we don't have the infrastructure to support what the requirements say we must do. >> there is a bill that if passed would provide school districts with grants and a way to participate in a loan assistance program to buy equipment and make upgrades. >> it costs in turn $50,000 to upgrade a kitchen in the high school. to get it up to par to what it needs to be for today's standard. >> mount eden's kitchen dates back to the 1960s. the giant refrigerator broken is now used to store dry goods. to better serve students the school also needs more double ovens and warmers. the school district serves 15,000 meals a day, a task not easily achieved with some of its outdated kitchen. >> a fast-moving brush fire forced firefighters to call for extra help. that fire ended up near kelly park. firefighters were worried the

fire might carry embers away and start more fires away. no word on how that fire started. most of the 13,000 evacuees forced out of their homes by the rocky fire burning about 100 miles north of san francisco have been allowed back into their homes. those who still have homes. crews reopened highway 16 and 20 today after using them as fire breaks. the fire burning in lake calusa and yolo counties is finally 45% contained. it destroyed 43 homes and scorched 110 square miles of brush. some homes and roads are off limits as they worked to put out the hot spots. >> there are 17 wildfires burning in the state right now. nasa sent out this picture showing some of the fires from space. at least five are burning in the shasta trinity national forest. more than 12,000 acres have burned. very little is contained at this point there. on the fire lines crews from throughout the bay area. the alameda fire department tweeted this picture of their team hard at work.

about 40% of those fighting these wildfires are in there. cal invited prisoners to help battle the fires. they earn an extra $2 a day and save the state $1 million a year. cleanup got underway after a tree was hit by lightning. take a look at this tree. used to be one of the tallest trees in the san jose neighborhood. not anymore. the entire top of the redwood tree exploded in debris. all over the house this what happened 9:30 last night during that lightning storm. it was a big storm. lightning hit 978 times in the bay area last night and between 8:00 and midnight. take a look at some of the strikes from four different locations from san francisco to morgan hill too santa cruz. we speeded up the video to give you a look at how much lightning there was last night. pretty incredible, right? this lightning picture came to us from silver screen. a member of our abc 7 now

community. we really appreciate all the sharing. what a picture, huh? >> quite a different view. you can see the fog rolling over mount tamel pias. let's take a look at what the weekend has in store. meteorologists are outside without the look. >> dan and cheryl, back to normal for the upcoming weekend. behind me watching the low clouds pushing across the bay. the marine layer has re-established and the lightning is long gone. let me show you live doppler 7 hd and we'll talk about where those thunderstorms are headed that we saw yesterday where that system is headed, i should say. you will notice that the clouds are starting to close in on our coast line here. it's the system that brought the lightning storm last night is over the sierra nevada right now. that's why we're seeing thunderstorms. there are some that moved through truckee and tahoe.

another bash of thunderstorms coming near 80 and truckee. if you have travel plans you'll want to keep that in mind. here's how much rain we received last night from those storms. 1100th in watsonville, 600th in selenis. here's what you're going to see first thing tomorrow morning. 69 in san francisco right now. 73 in oakland. it's in the 70s from mountain view to san jose. 68 in half moon bay. our highs so far today, upper 60s to the upper 80s. the golden gate bridge camera we had blue skies earlier. that's all changing. temperatures in the mid 70s around santa rosa. 81 fairfield. if you're stepping out to grab some dinner this evening, take your jacket with you. 83 in livermore. here's another live view from our mount tam kam. we are watching a little bit of smoke there from the fires burning around the state. partly to mostly cloudy.

mild to warm for your weekend. it's going to be a little bit cooler early next week. here's the water vapor imagery. shows you the system came through and touched off over 500 lightning strikes. most of those over the bay area and the mon terry bay. last night as of 11:30 p.m. that system is leaving california. that's why we're back into our quiet pattern. coastal low clouds overnight filling into the bay. tomorrow afternoon our typical summertime conditions. so enjoy any outdoor plans you have for the upcoming weekend. tomorrow morning mid 50s to the low 60s. could see a little bit of drizzle around especially with this marine layer being so deep. tomorrow afternoon warm in the south bay. 88 gilroy, 81 san jose, 80 in santa clara. redwood city, palo alto, up pore 70s. pacific a, 66 degrees. daily city as well some low clouds will linger. 70 in downtown san francisco.

north bay, mid 60s coast. low 80s for napa. 7 6 vallejo. 74 degrees, make sure you have your sun screen. inland it will be warm. outside lands i know it's taking place now and we'll have the second day of it at golden gate park tomorrow. low to mid 60s. some clouds in the morning breaking up for sun for the afternoon and it will be mostly clear in the evening with some low clouds returning late. accuweather seven day forecast a little bit warmer for the second half of the weekend. it cools off when you start off the work week. kids heading back to school. mid 60s to mid 80s. temperatures will fluctuate very little next week. cheryl, dan? >> thanks very much. still ahead, you want to look better and eat right, huh? well, you can get both in finney's friday free step. >> on three, two, one! light them up. >> whoa!

>> flying high in the east bay. new at 6:00, the lessons learned from this rocket

researchers say carbs may cause fatigue, mood changes and depression in post menopausal women. they say carbohydrates trigger hormonal response. target is going to phase out the use of gender based signs. the company announced today that some departments like children's bedding and toys will no longer feature gender specific colors or even suggestions. areas where there are fit and size differences however will remain gender specific. this comes after parents said signs showed girls building sets next to a sign for regular

building sets. >> no more. >> the weekend is here. time for a fashionable and fit friday free stuff. >> what do you have? >> we're going to fill you up and tuck you in. dayo cheesy mac. you know how upscale restaurants have a cool mac and cheese? that's what this is. it is lactose free or a dairy free product that has smooth and creamy reddy made cheese, i p you the that in quotation marks. gluten free whole grain pasta served with tapioca. costs $4.99. why would you pay that? three servings in there. looks good, doesn't it? >> there you go. >> okay. then this is where we're going to tuck you in. >> okay. >> right here. it's from mimoy. yeah, mimoy thigh shapers. you can pick this one -- >> i need that. >> you can get regular or high

wasted. >> i would suggest high wasted for you. >> this comes in a couple of different sizes and colors. it's a $28 value that you don't have to spend a dime on. >> is that from personal experience? >> yes. >> michael, how would we get this? >> that's a good question. every day you get them by dialing that number right there, 1-800-546-7176. or log on to nbc7.com. good deal, huh? straight ahead, who can resist that little smile. >> coming up, the backpack give away so everyone can be ready for school. >> dan and i will be right back.

covering all the bay area, this is abc 7 news. >> i'm alma dayton. coming up new at 6:00, the 49ers used to be the gold standard of bay area sports teams. not anymore. tonight see what all this negative news is doing to their image. also -- quiet, michael finney here from channel 7. >> 7 on your side confronts a photographer paid for some photos he never delivered. what he says happened and is he ready to make things right? we're going to show you what's been found in one of the state's biggest reservoirs as water levels continue to drop. it's all coming up on abc 7 news at 6:00. thanks very much. >> the san francisco firefighters annual toy drive kickoff today began with a big

donation. air bnb donated $25,000 to the cause. >> it is the single largest gift the city received in 66 years. the money will not go just to pay for toys, it will also go to pay for clothes, blankets, toiletries and other items for families who lost everything in fires. >> such a nice service. 3,000 children will go to school with brand new back packs. >> abc 7 news was at sacred heart community service for a pack a back program this morning. >> every year people donate new backpacks filled with school supplies. today the children got to pick out their favorite. >> they love it. they come in and they're excited about school, the backpack, find their favorite character or design that fits their style. it's great to see them excited about going back to school. it helps the parents out as well. >> it sure does. it helps the parents in an enormous way. the kids are excited. it takes two months to round up all the donations. this is a lot of effort. >> those backpacks are expensive. very generous.

thanks for joining us. >> for all of us, we appreciate your time. we'll see you again in a half an several breaking stories tonight. donald trump, fighting mad. tonight, his new message. firing back. did he really call women those names? and raising his hand, saying he would not promise he wouldn't run as an independent. what he's saying tonight. and the scare on the tarmac. the sudden ball of fire shooting from this plane getting ready to take off. severe weather we're watching. already, five reported tornadoes. the walmart roof ripped off. and the super storm hitting right now. our reporter there, as the typhoon heads toward one of the tallest buildings in the world. outbreak. the airborn disease. and we're tracking cases in two other states.