>> they handcuffed him. they beat him. his head was split open. he was taken to valley medical. >> reporter: he filed a complaint but said nothing happens. >> this just an ongoing thing. it's been way out of control. >> it's uncalled for. this is a civilized country. we cannot be treating people like this. >> reporter: we'll have his comments on abc 7 news at 6:00. as for what happens next, supervisor cindy chavez weighs in.

meantime two salinas police officers who shot man who swung gardening sheers have been cleared of any criminal charges. the fatal officer involved shooting took place in may 2014. it was captured from multiple angles by cell and surveillance cameras. investigators say the officers were justified in shooting 44 carlos. he repeatedly ordered him to drop the sheers. the family filed suit against the city in 2014. police have asked the fbi and the justice department to review the case. a former san francisco police officer has been arrested for grand theft. 56-year-old ricky rodriguez was the subject of an eye team investigation back in march for misusing an undercover police car. he took the police car home for four years and used the city issued gas card for personal e

errands. he's facing multiple charges including grant theft and embezzleme embezzlement. a bay area man and woman are under arrest for possessing hundreds of images and child porn. 40-year-old cory ellis had over 600 files of children engaged in sexual acts with adults. some of the children were as young as 1-year-old and some of the images involve ed sadomasichism. this could have been much worse but nobody was hurt when a tree came crashing down. this happened about 11:20 this morning at terry avenue. witnesses at the playground said there was a big snap nearby and large branch. the whole tree will have to come

down because it's just not healthy. two northbound lanes of 280 near the state highway reopened in the last half hour. chp officers shut them down about 10:00 a.m. after a grass fire broke out there west of belmont. the fire burned nearly 15 acres. firefighters used water from crystal swings reservoir. no one was injured. no word on injuries or the cause of that crash. seven hours from now barts service will shut down. from midnight until tuesday morning, bart is closing the station and stopping service in the trans bay two.

the key will be to plan ahead and pack your patience. the message this labor day weekend, people should stay home if they can and definitely don't bring your cars. you know that won't be possible for many. >> we hope the city contains it. >> reporter: part bart will be shutting down service for the

second time. >> going to be too much. >> that's why i'm not driving anywhere this weekend. >> reporter: bart says the closure is critical for the aging system. crews will be laying down new tracks. >> tuesday morning your ride should be smoother and quieter. >> reporter: along the same lines they're closing fourth and king. major intersection for those coming in from the south bay and peninsula. it's part of a two-phase project to install tracks and upgrade the signal lights. operations will keep going. >> if you're driving into france from the south bay or peninsula this weekend. here is a look at the king street detours. if you exit there you'll have to turn right immediately and go

around all the work being done. you can get on 280 on king street but expect a lot of traffic there. you're better off taking the sixth street exit. >> if you need a little more help you can download our app to get the latest information on the closures. a dog died after swimming in the water. he ingested some toxic algae. wayne is live in hillsburg tonight with more on the story. >> reporter: good afternoon. it's a common algae and been around for three and a half years. it produces a neuro toxin.

it can kill as quickly as an hour. it's not as dangerous for humans. here is one of the simple pleasures that dogs and their masters take granted of. >> you don't want to lose your dog. >> reporter: due to a neurotoxin jean will not be letting her dog near the water. >> luckily it was in one of the most remote stretches of river you can only get to if you rent a canoe. >> reporter: john took samples of water today looking for conditions that might produce the deadly algae. he sees improvement and little threat to humans right now but humans are not as susceptible as dogs. >> take a week off the river with your dog. personally, i have two dogs. we're avoiding the water this

weekend. >> reporter: as will some tourists. >> it worries you? >> absolutely. >> why? >> the stuff i read it's toxic algae and something to stay away from. >> reporter: this comes during the busiest weekends of the year. a local raft outfitter told us despite cancellations he remains fully booked and told people to stay away if they bring their dogs. experts say this is more of an exercisi exercising common sense. use it around the algae if you find it. >> it's safe to waurk throulk t. just don't suck your neighbor's toes after they do.

state officials say the chemical roundup may cause cancer. the chemical destroyed milkweed which is the caterpillars only food source. the former top cop who is now a teemper and his classroom is the only one of its kind in northern california. also, the hulk meets the tumor. >> that's like the size of my head. >> we have the inside look. i'm michael

the undocumented immigrant accused of shooting a san francisco woman at pier 14 will stand trial for murder. a jury will decide between second-degree murder and manslaughter. 32-year-old kate was struck by a bullet july 1st as she was walking with her father on the pier. >> reporter: attorneys for juan francisco lopez-sanchez has always maintained the shooting of kate was an accident. it's been determined that the bullet ricochetted off the pavement. he said he found the gun wrapped in a t-shirt. >> he said it's an accident. he said he didn't have the gun prior foiking it up and he did

not know it was a gun until it fired and he threw it because he didn't want it to keep firing. >> reporter: the gun similar to this one was later found in the bay. the gun was stolen from a federal agent's car in san francisco a few days before the shooting. prosecutors have never accused the suspect of that theft but argued regardless, as a felon, lope lopez-sanchez should not have had a gun in his hands. >> we look forward to trial. we look forward to ultimately bringing justice for kate and her family. >> reporter: lopez sanchez had been deported five times to his native mexico and has seven prior felony convictions and released just this year from both a federal prison and san francisco's county jail. the shooting has triggered a national debate on sanctuary

city policies. >> as you may remember the suspect in this case gave abc 7 news a jailhouse interview that could be used against him in the trial. four days after she was killed he sat down at the hall of justice in san francisco. he confessed to shooting kate but said he was shooting at sea lions and had no intention of hurting her. a few days later he changed his story saying the gun went off accidental. >> every word that comes out of your mouth is going to come back to haunt you. if you say something once and say something totally inconsistent a second time it's devastating to your case. >> they believe the prosecution has a pretty strong case. police are asking for your help. they are looking for man who robbed a wells fargo atm customer last night. the suspect then stole the

victim's black four-door lexus and took off. if you were in that area and saw anything unusual last night please call the concord police. in an effort to recruit oakland residents for law enforcement jobs, one is offering a one of a kind program. the program is the first of its kind in northern california for students interested in a profession in law enforcement. part of it involves shadowing in the field. >> we want them to be prepared to be successful. this program is designed to help them overcome a number of barriers that they will face as a pursue a law enforcement career. >> it costs $150 per student. all the rising rents are pushing out favorite place for comic book fans.

the museum has not found a new locale and doesn't know when or where it will reopen. the staff is planning a send off celebration next thursday evening at the mission street gallery. comic book fans are in the south bay with one goal meeting their favorite super heroes. doors hope at san jose wizard world comic con. it's expected to draw thousands of people this weekend. abc 7 news meteorologist drew got a smashing preview with the original incredible hulk. >> reporter: being this close to your favorite comic characters. >> look at this thing. that's like the size of my head. how much do you bench press at your best? >> 560. >> that's like three of me. i would ask you to bench me right now but i think i'm wearing too nice of clothes. that's what wizard world comic con in san jose is all about. t-shirt, comic, costumes. it's a comic haven.

want to really honor your favorite hero, chris will immortalize them on your skin. >> we do the coolest thing ons the coolest people. people want everything from aniani anime to video games to a bat tam or super man symbol. they want to start a whole sleeve of super mario. it's crazy. >> reporter: rather op for a photo instead. characters from the lord of the dead and wwe. don't be afraid to chat them up. you'll be surprised at what you may learn. >> also, my time i'm a deputy sheriff in san jose. >> reporter: he's not only a super hero on the screen but also in real life. tickets are still available and the three-day event goes through sunday at the san jose convention center. >> he looks the same as 30 years ago. >> that was so cute. let's head outside now.

>> sandy has the holiday weekend forecast. >> hi, there. it's a beautiful forecast coming up. right now it's so pleasant out here. lots of sunshine. a few wispy clouds and a gentle breeze. we'll talk about the labor day weekend plans. just a few clouds passing through the bay area. they are pretty harmless. we have a beach hazard that starts monday morning. watch out for sonoma county to the monterey bay. strong rip currents are possible. the wind is gusty out there. 25 to 35 miles an hour. right now 26 at half-moon bay. it's an on shore breeze. that northwesterly wind bringing up the colder waters. the ocean temperatures are right about where they should be or a few degrees above average considering for months now we've been talking about such warm ocean waters.

55 at bodega bay. average temperature 58. dew points, let's just say some areas are in the pleasant zone if the 50s but many spots in the 30s and 40s. a very dry air mass is with us. since the wind is not coming off the warmer water it's coming off of cooler water compared todays past. mostly sunny. 65 in san francisco. low 70s oakland, san jose. half-moon bay 64 degrees. high clouds just filtering our sun. it's a gorgeous picture there. highs so far today only in the low 60s. santa cruz camera showing you a beautiful view where it's a warm day today and we'll be expecting it to get warmer. chilly overnight in the north way. warming trend begins tomorrow. it's going to be warm to hot for your labor day. the low pressure system bringing some rain to washington, oregon.

it's brought us the coolest weather of the next seven days today. temperatures running below average but not forlong. high pressure comes in. it's going to be a warm and dry week ahead. as far as it will be warm to hot for sunday and monday if you do have out door plans opinion i'm still keeping an eye on tropical storm ignacio. here is why it's interesting. it's going to move north ward, weaken and leftovers of ignacio will head towards alaska. south eastern portion of alaska and british columbia bringing them some swells and rain. that's something that's rare. you don't see that happen very often. tomorrow morning chill will be in the air. coldest spot in the mid to upper 40s in the north bay. if you have early plans bundle up. the rest you have in the 50s. mainly clear conditions to start off your saturday morning. 87 gilroy. on the peninsula low 80s. 69 in pacifica.

68 in daly city. in the north bay 85 napa. 80 in the east bay. inland areas 86. 87, concord. 86 in walnut creek. it's going to be beautiful at the wine festival. mid-60s to start. low to mid-70s for the afternoon evening. belmon greek festival will happen this weekend. mid-70s, mid-90sinland. temperatures really hold within a few degrees tuesday through friday of next week. we'll keep you in this warm to hot pattern as you head back to work in those kids head back to school. cheryl, dan. thank you so much. >> we have breaking news along the great highway in san francisco where a kite surfer lost control of high winds and flew into the path of a passing car and dragged by the car some

distance. terrible accident. >> paramedics were at the scene very quickly. the kite surfer is at the hospital. we don't have any word on his condition. >> i hope he's going to be okay. fishing, museums and boat rides. we have a special review. that's next. eagerly awaiting the pope's u.s. visit. david talks with us about his experience behind the scenes at the pope's ground breaking virtual audience with

certain people who hate to exercise may want to take high doses of vitamin c. they saw the same improvement in cardiovascular health. the results were presented at the american phisiology society meeting. people fed up with rising

home prices appear to be blaming californ californians. no california stickers are popping up on for sale signs. how unfriendly. homes are going into bidding wars and going over asking prices. it's a lot of out of stay buyers. many of whom are coming from california. they say the more the merrier when it comes to new residents. fun and free. you're looking for something to do over the holiday weekend, we have got you covered. michael is here now. >> three things. finney's friday free stuff. we're going to entertain you this whole weekend. if you're doing a staycation we have you covered. in oakland we have a free tour. a wharbor tour you can get in o. your free tour will be on the uss patomoc.

you'll be up close. first come, first serve. it's a 50 dollar value. go to our website and we'll give you all the details. next up, bank of america is offering free museum admission to eight museums throughout the bay area. you have to be a holder of bank of america or merrill lynch credit card. you can check out the young museum in san francisco, the tech museum of innovation and more up to $25 value. finally the department of fish and game is having their annual free fishing day. that way you can go out and fish without a license. you just need a poll and bait. you won't be written up. good way to test it out. >> that's a great idea. how would we get this? >> what should we do? >> get a poll and let me show you right now.

you can log on any time of day, abc7news.com. >> thank you. just ahead, a couple of unveilings to tell you about. one by the water. >> the other [female announcer] through labor day at sleep train's mattress price wars, save up to $400 on beautyrest and posturepedic. get interest-free financing until 2019 on tempur-pedic. but this special financing offer ends labor day at sleep train.

coming up tonight on abc 7 news at 6:00, a violent takedown at a high end east bay grocery store. the quick action tonight against the security guard responsible. a robot saving your life while behind the wheel. the new ground breaking announcement from one of the world's bigest este auto makers. all that plus much more coming up in just a half an hour on abc 7 news at 6:00. >> thanks. we'll see you then.

something new is hanging at the warriors practice facility. >> the nba championship banner was put up this morning right next to the other banners that represent the franchise's four titles. >> you can see right there. it was info 1975. there is an adorable zoo debut in san francisco. >> the zoo's newest and cutest resident is a lion cub. one of the two lioness housed at the zoo gave birth to the cub. >> the staff will not find out about the gender for about three weeks from now. they want to leave the mom and cub time to bond. >> they will continue to monitor two of them through a remote camera that's been installed. that's really neat. >> exciting. great way to end for the weekend. happy labor day. world news tonight is next. >> we appreciate your time.

see you again in half an hour at 6:00. tonight, major developments in the race for the white house. what hillary clinton is now saying about her e-mails. will she apologize? and joe biden on whether he'll run. whether he'll challenge clinton for the nomination. breaking news in the hunt for suspects considered dangerous. after a lieutenant is killed, the search outside of a major american city. they're now taking dna swabs. neighbors asking, what's going on? the deadly riptide. a 28-year-old pulled into the water. tonight, another case captured on video. the woman trapped, panicked, asking for help. and our exclusive with pope francis. just hours away from the historic tv event. and right here, the nun that was stunned by the pope.