-- walter roches. physical force was used on him a week best death. the sheriff is awaiting autopsy results. it is not clear if any of this had anything to do with his death. the physical altercation started with the use of pepper spray, a concentrated form use on night of september 21 to get him out of the cell. he what now cooperate. >> at that point they had to physically go into the cell. they physically ex tracked him out of the cell. got him out. got him handcuffed. immediately he contaminated for the clearout and the people -- people per spray. >> roches was held on assault can battery and being drink if public and found dead in his cell by a correctional officer

after three correctional deputies were arrested for beating death of 31-year-old. the sheriff said they will be transparent with all information in this investigation. they justify wait on the autopsy results to find out what was the official cause of death for roches. >> a candlelight vigil is planned in oakland as the part community mores of loss of a young artist gunned down in broad daylight. antonio ramos was shot as he work on a mural in west oakland. our reporter talked to his friends who vowed to continue his work. >> i am lost. confused. >> patrick jackson let the tears go after finding his friend was murdered under this overpass in oakland. police say 27-year-old antonio ramos exchanged some words with a man while painting a mural with a group of fellow artists.

>> the man butted a gun -- pull add gun. he was messing with their equipment and arrest art asked him to stop. >> he worked on this part the mural. his friends say that interestingly the boy resembles antonio ramos. >> the wall is part of the oakland super heroes mural project, students at west oakland middle school create as boy with a musical car that spreads peace and love healing the violent neighbor. fantasy was shattered by reality. >> i don't want to even believe we just live in a society where this consistently happens to young people. >> show runs the nonprofit of the project. >> he was bright light. >> we don't have that person, a person like that, we are stuck with these people around here.

just destroy stuff. >> the artists will dedicate the mural of hope to antonio ramos. >> restaurant owners are beating a sigh of relief now there is a if you deal to lower compost fees. pick judgment fees for compost are 30 percent lower than trash pickup. this was an original $1 billion contract that costs businesses thousands and kept away incentive to keep the food out of landfills. >> and middletown ravaged by the fire has a goal to locate and safely remove hazardous waste hidden in the rubble. the emergency services at lake county will train contractors to handle certain types of debris as they deal with the clean up. more help is on the way for victims. representatives from the second harvest food bank of santa clara

and san mateo county good morning good -- will those who need it. fire is 97 percent contain. >> congress will vote on a temporary spending bill to keep the government running. the house and senate will approve the 10 week funding extension that buys time to negotiate a budget deal for the extension that buys time to negotiate a budget deal for the rest of 2016 shutdown repeat. it fails to take away federal funding going to plan that. >> georgia has executed the only woman on death row in georgia, kelly gissendaner receive add lethal injection. pope francis asked her life be spared. she was convicted of murder in then for convincing her lover to kill her husband. the convicted killer testified against kellye lynn and received life sentence. >> new details in the meeting between pope francis and the

kentucky clear who refused to issue same-sex marriage licenses. the vat california will neither confirm or deny he met with kim davis last week. the attorney said that the two met for 15 minutes on thursday and pope francis reportedly told her to stay strong. davis has refused to issue the licenses on religious grounds. when asked of the case on the flight home the pope said she has the right to be an >> retrofit work on golden gate bridge should be done by 2021. the three stage project began in 1998 and was supposed to cost $300 million. the district, though, cites rising costs and security upgrades after the 9/11 attacks for raising the cost to triple original estimate $900 million. the last phase of the work is factor in the projected $213 million deficit. it is why the district is looking to washington, dc, for help in paying for the project.

>> a civil rights group is accusing the berkeley police department of racially profiling black drivers. the berkeley naacp found that black drivers are more likely than whites to be stopped by officers. two-thirds, black drivers are stop they are not cited or afterred. they are five times more likely than white drivers to be searched by police. >> when people are stopped for no reason they become alienate from the police and are his likely to cooperate with the police. >> the police chief deny the department racially profiles black drivers and said that the watchdog groups draw the wrong conclusions. >> the fact an increase does not choose to cite would show we are progressive to some people, or liberal or thoughtful organization, and we are not all about enforcement. >> they do agree, however, on the need for body cameras on the

officer. >> san jose woman is appealing for the safe return of her kidnapped cat. surveillance video from last week shows that the catnapper approached the cat that was lie on the front lawn when the person grabbed the cat. the old cat could not get away fast enough. >> somebody came and pet him and he was so happy, he was purring, and you can hear him inside. he was purring. i don't understand why anyone can do that. >> the owner put up posters around the neighborhood and filed a police report and visited animal shelters but so far this is no sign of the cat. >> oyster company is fighting back after another set back. last year the oyster dry from drakes bay dried up and now the want hours reduced and remove all existing picnic tables and grills. the lack of parking and

increased traffic are causing safety concerns with residents. they will reapply for ps and re-open the on-site picnicking can gather signatures support. >> approaching 4:38. new video show as dramatic example of the impact that drought is having on california's reservoirs. this 40-second time-lapse pointed on facebook shows the water getting lower and lower before it disappears to the end of the video. a man documented the water levels six months ago. the lake is located 25 miles northeast of sacramento and now it is 19 percent full, or 18 percent full, the second lowest 6 all time for early fall. >> today the last day of september and we hope for rain in the first week of october. >> we could see some sprinkles by this morning. live doppler hd is showing we have green on the scene. it is offshore. it is riding along the moisture that is an upper level jet.

as we zoom in closer on live doppler hd you notice that the rain is still well offshore and as it continues to hold together the bulk of the moisture will likely move into the south bay around the 10:00 a.m. hour. it will take you to future weather, temperatures and cloud cover combine and but are waking up to temperatures in the 50s with overcast skies. you can see the spots of green and they will continue into the early afternoon and evening. by 6:00 we still have wet weather in the south bay with a lot of clouds. right now it is quiet but the highs are showing limits sunshine and a threat of showers along the peninsula and the south bay with temperatures in the 70s. how is the traffic, leyla? >> we start off with traffic on the eastern span of the bay bridge moving with no accidents. on the altamont pass you can see the traffic is building coming

from tracy, and right over to livermore at 32 miles per hour, and down to 18 miles per hour, so slow conditions pushing in the westbound direction and it loosens up closer to pleasanton and back offer to the dublin/pleasanton you have the brake lights with construction in the area and a couple of projects in the eastbound direction that is with us between 6:00 to 7:00 and if you are traveling along 84 away from 580 can you see the clear conditions with the exception of the sunol grade, but, still, no delays. >> thank you, only on abc7 a vow to rehaze a tattered flag flying offer a bay area post office and next we check to see if that promise has been kept. >> two warriors prove their giants on-and-off the court fulfilling the wish of a boy giants on-and-off the court fulfilling the wish of a boy fighting cancer.

♪my milkface is an elevated state.♪ giants on-and-off the court fulfilling the wish of a boy fighting cancer. ♪cinnamon is my soul mate. ♪no debate 'cause it tastes so great.♪ ♪that's why i got milk face. ♪yes, you want it. ♪ the milk tastes oh so sweet.♪ ♪just like heaven between your cheeks.♪ ♪try this technique, put your mouth on fleek.♪ ♪la-la-la-la-la.

the abc7 news app on the go on your schedule. news that lives where you live. >> fremont, palo alto, north bay, and all the bay area, this is abc7 news. in virginia a flash flood watch after heavy rains caused emergency crews to evacuate homes and close schools. some people had to be rescued from the cars after trying to drive through flooded streets. look at this, a crop of bumpkins was spotted float down a flooded street in montgomery county yesterday afternoon, up to 4" of rainfall in some areas of southwest virginia. >> this are rules for displaying the american flag and a post office in san francisco is in violation despite multiple

complaints. >> in san francisco's tenderloin, a sight that bothered many, the american flag in tatters. thank you is not a combat zone and even if we are the loud is not allowed to touch the ground or be in that position. >> the nag stands tall on the united states post office at hyde and golden gate avenue. >> it has been up there for years so they have so much sun it is becoming ragged. terrible. >> i look up and i am like, that is disgraceful. >> a muni employee first noticed it back in august and alerted the post master. twice. >> he said the flags are on order and i reminded him the flag need to be taken down and are not to flown like that. >> he is right. according to the flag code, a tattered flag should be destroyed in a "dignified way," by burning preferably. >> they taught us to respect the flag. we brought it down each day with

a ceremony, we folded it. >> who do we talk to? >> we went to the post office to talk to the supervisor who told us to call the postmaster. we discovered that there was a second flag in bad shape. >> i fly mine with pride and they do not and they never look at flag. that temperatures me they don't care. >> the people of the tenderloin do care. >> it should be fixed. now. not later. not tomorrow. right now. >> we checked half an hour ago and the flags are still not replaced. we will monitor the situation and keep you update the. we thank cliff for bringing this story to our attention. let us know of news happening where you live maim or post tips on

twitter@abc7newsbayarea. >> steph curry and the warriors foundation have granted a wish for ten-year-old boy from texas would has canceled. >> the san jose mercury news reports that steph curry met the boy on friday at training facility, battle old els inoperable brain tumor with autograph nba t-shirt and a pair of shoes posting a video on twitter wishing him a happy birthday. >> you should know we are thinking of you. [ inaudible ] >> he has had four surgeries and has been hospitalized for 60 days since being diagnosed in february. his family has set up a fundraiser to help pay for the medical expenses. fundraiser to help pay for the medical expenses. we have a link on abc7news.com.

>> do i hear about sprinkles? >> finally, a pattern. fall is changing. some rain is moving through the region. you can see along the embarcadero this evening or this morning it is quiet. you want to grab the wet weather gear if you live in the south bay. that is our best chance of precipitation. live doppler hd showing active this morning with good news. there is green on the screen to the south. widening out the picture, there is a swath of moisture right here all riding along the upper-level low that circulating off the coast. a fair amount of rain is as we zoom in three hours away if it homeds together it will move in at 8:00 or 9:00 we into the south bay and we will look at temperatures we are in the 50s in the south bay, 59 in san

jose, 55 in los gatos, and 57 milpitas, with the only exception of the 50's, calistoga is cool at 48 degrees. outside, the look off our rooftop, clouds and cool today. isolate the shower south of san francisco, the south bay has the best chance of seeing the rain, the sun and the warmth return on friday. timing this out, we will start it out right now and by association in the morning on wednesday, some of the wet weather is moving into the south bay. i will zoom in and show you would has the best bet around san jose 10:00 a.m. morgan hill with light sprinkles, and los altos hills around 101 and 880. through the afternoon and early evening, at 6:00 in the evening, we have a chance of seeing the sprinkles around san jose and parts of 580 and 101. the roads could be wet for the evening rush. the seven-day forecast shows what to expect the next seven

days. today we have a chance of sprinkles and some could linger but on friday, we warm back up with temperatures in the 90s and a quiet pattern throughout much of the weekend. now traffic. >> a start in san jose, that is 101 near 880 and traffic could not be smoother. at san jose airport you will not have delays. on the peninsula, we have construction between 380 and hickey with one lane taken away. that will last until 7:00 a.m. if your travels take you northbound could you expect delays so plan ahead. the rest of the drive to daly city is not an issue 679 mass transit is running on time, bart, ace train, muni, not hearing of delays. with the south bay commute coming up ahead. >> wireless war is happening

between the top phone companies and it is buyers who are coming out on top. >> the iphone price war. buy the new 6s and it will cost $649 and vicinities will give you a 15 for a dollar if you trade in an iphone and t-mobile customers get a 6s for $5 a month with a trade in. >> google has a couple new smart phones with droid marshmallow operating system. the nexus 5s and 6 is improved we camera and larger batteries to be pre-ordered now. the 140 character limit could be going the way of the fax machine with a new product allowing longer treats by up to ten characters and often a whole new product line. >> have a great day.

>> an amazing encounter with a giant of the deep caught on video. >> thousands of 49er fans are ready to give up the seats. >> as we head to break we leave you with a rooftop high >> as we head to break we leave you with a rooftop high definition picture of the

>> as we head to break we leave yothat sound. like nails on a definitionchalkboard. the but listen to this: (family talking) that's a different kind of sound. the sound of the weekend. unleash the power of dough. give it a pop. this moment is perfect in every way just like my kid gooey...flaky...happy. toaster strudel. now with more icing.

>> good morning, a look outside and the possibility of sprint els. drew will be here in a bit. >> the 49er record many season ticket holders are trying to set rights to their seats for thousands less than they paid. 3,000 licenses are available but it has nothing to do with the team post laughs two blow out losses on the road. they say going to home games is a bad experience blaming the heat and tailgating and the 49er changed the ticket policy going

for digital delivery rather than hard tickets and license holders cannot print the tickets until 72 hours before the game so that make them harder to re-sell. >> we hope the 49ers look at us as having purchased the ticket and let us do what we want rather than having restrictions to make it suit their needs and allow them to make the most money possible. >> officials say the majority of season ticket holders support e ticketing because it reduces the potential for fraud. >> in california, a serve has proof he came a few feet of a 20' long whale that swam right under him and the surf buddies off the state beach yesterday morning. the excitement is tempered with concern that the whale seems sick. biologists say the wheel appears to be thin and unhealthy. >> the warm water in the ocean, we have seen a lot of whales in santa cruz chose to shore.

>> the warm water has them closer to the coast. >> we are seeing green on the scenes with a fall pattern and getting spring -- sprinkles. the moisture is moving from the south and southwest to the northeast and to santa cruz this is evaporating but just getting the information ready and primed for light sprinkles this afternoon. the day planner shows there will an lost cloud cover or unsettled throughout the day and isolated sprinkle is possible in the south bay before noon and anyone is square game in the afternoon in the mid-60s to upper 70s. grab the umbrella. that is traffic. >> we are look at the golden gate bridge and you can see we have zipper truck expanding the lanes so the commute will be easier. in the south bay we have

construction northbound highway 85 at mountain you have, the project is wrapping up in minutes. we have another project that is gumming up the commute if you are heading in the eastbound direction and the drive is moving along fine and you can see a clear picture along 101 beyond the 280 and 680 split and the nimitz, 280, a pocket of slowing and i will find out what that is in a few minutes. >> a georgia family found a note from his six-year-old when he passed away from a brain infection reading "still but, thank you mom and dad, love good by." it was found on the living room table when they came home to get his clothes to be buried. the mom and dad say they have no idea when he wrote it but he was always special. the family posted this note on their facebook page as a tribute to their son. >> judges have confirmed hundreds of skydivers jumped their way into the record books

in southern california. >> yesterday, 202 skydivers from 30 countries formed formation and broke the old mark of 121. it took several attempts jumping every couple of hours to accomplish the feat. >> the battle over russia's role in syria heats up and the overnight development that is turning into political crisis and turning that into a military one. elon musk has unique which has social media on fire elon musk has unique which has social media on fire this morning.

live from the kgo-tv broadcast center this is abc7 news. 5:00 a.m. on this wednesday, the last day of september, we thank you forgetting up early and joining us. i am eric thomas. >> we may have a few sprinkles and i am mat circler. dry? -- i am matt keller. >> live doppler hd is showing a little bit of green offshore and this is going to move in from the southwest to the northeast. you can see light showers possible with virga evaporating. grab the umbrella. in the south basement around san jose. half what. morgan hill. light showers are developing at 10:00 a.m. that is weather. now the traffic and leyla. >> good morning, everyone. starting off at