live, from the kgo tv broadcast center, this is abc 7 news. >> good afternoon, everybody. >> i'm ama daetz. cal is becoming the fifth state in the nation to allow terminally ill patients allow their doctors to prescribe drugs. the requirements include the patient get approval from two doctors. poebts say the bill legalizing premature suicide, the governor issued a personal statement about the decision. i was to reflect on what i would want in the face of my own death. it would be a comfort to use the options afforded by this bill. several inmates say they were beaten and tortured at the

sonoma county jail have filed a federal lawsuit. >> one of the inmates spoke only with abc 7 vic lee today. he's in the newsroom with the exclusive details. >> reporter: ama, the names of two former inmates are on the lawsuit but their attorneys tell us to expect more names down the road and there could be other sheriff's deputies named in the suit as the investigation continues. >> guys in black came in, and they were all wearing masks, hitting us and calling us [ bleep ] and telling them that it's their house and that they can beat us. >> reporter: danny banks is one of two plaintiffs suing. he says he and some two dozen other inmates were beaten viciously may 28th in the maximum security unit of the jail. attorney eye zook sweiger represents banks and another former inmate. the others have all written letters. their accounts of the day match those of banks and martinez. >> then they proceeded down the tier one locked room after

another, opening them and turning them, multiple deputies wearing black ski mask, black body armor, no badges, no name tags. >> reporter: the beatings started when one got into a verbal altercation with a deputy. the rest were then beaten when they protested. >> they beat this individual so badly that he lost control of his bowels. they stripped him naked and locked him in an isolation room covered in his own feces for two days. >> reporter: the inmates say a lieutenant and a supervising sergeant were involved. >> this is not like out of control individual rogue deputies. this is a system of sadism. it's not a bad apple here or there. it's a bad tree. >> reporter: now, the inmates say the beatings lasted 5 1/2 hours. we asked for a response from the sonoma county sheriff's office. they have yet to return our calls. vic lee, abc 7 news. oakland police are asking for your help finding the man that you see right here.

he's a person of interest in last week's murder of a mural artist in oakland. the man is believed to be in his 20s, 6 feet tall and thin. the artist, antonio ramos was shot to death while working on an anti-violence mural. he exchanged words with the man just moments before the shooting. artists today resumed work on the mural for the first time since tuesday's murder. in san francisco's sunset district people are concerned after this attack was caught on camera. an armed robber came into a garage and the homeowner fought back. residents of the neighborhood say there have been several recent break-ins in the area. sergio quintana is live with the story. >> reporter: residents say that this neighborhood is pretty close to golden gate park so they do occasionally have transients come in and try to get into garages and backyards, but this attack happened in broad daylight just before 9:00 a.m. police say it's particularly

violent. this is surveillance video of the attack from inside the garage. >> he came at me with the gun -- the gun was out. the gun was full force. >> reporter: the video is shocking. you can see him in a white sweater and his attacker in a blue/gray jacket wrestling. a struggle goes on for several minutes. he said he was determined to bri the gun out of the attacker's hands. >> if you can see, i'm reaching for the gun. immediately first thing i wanted is control of the weapon. >> reporter: in the end, he got the gun and even aimed it at his attacker but couldn't shoot. according to police, there was no clip in the gun. neighbors say there have been garage break-ins here. >> people come in possibly from the park, try gates, try garages d take bicycles. that's been the biggest issue we've had. >> reporter: another neighbor who didn't want to talk on camera out of concern for his family's safety said he recently had a prowler in his garage. >> we had somebody wander into our garage when the garage door was left open.

and he was rummaging through our downstairs unit. i walked in and caught him and he took off. >> reporter: but police say a violent attack is very unusual. they want to track down the person in this video as quick laze possible. sergio quintana, abc 7 news. >> that's scary. now to the carolinas where the record rainfall is being blamed for at least 11 deaths. this is drone video in charleston, south carolina, of flooded roads and businesses. hundreds of roads, bridges and highways remain closed. that region has received more than 25 inches of rain just since friday. and this is not the smartest thing to do here. a truck driver, he's risking disaster driving right through the floodwaters on a highway. look at how high the water is. his wheels are submerged there. tens of thousands are without clean water or power. >> abc news reporter elizabeth hur is live in charleston, north carolina w the latest on this

developing situation. elizabeth? >> reporter: ama and larry, that situation right now, as you noted, fortunately with the rain finally moving out, we're seeing a lot of the screenes you just described. folks were out and about to check out the aftermath even though officials are reminding residents it is still too soon to let your guard down. rescuers on the move are navigating some areas on boat. it's the only way they can get around neighborhoods still under water in south carolina. parts of the state drenched with more than two feet of rain in just two days. >> this is not over. just because the rain stops does not mean that we are out of the woods. >> reporter: a warning from the governor adding scenes like these. waters submerging cars and homes leaving street signs barely above the water line and this wrapped in a tree are signs of a dire and dangerous situation. >> everything that i own has been destroyed.

>> my cats are still down in my house down there along with my car floating around somewhere. >> reporter: hundreds are now in shelters. 40,000 residents left without water, some 25,000 without power and more than 500. officials say more evacuations may be necessary noting 1300 members of the national guard have been activated and 7,000 more are on stand-by with rivers reaching their highest level in decades. >> the biggest challenges that we face is following the waves of the water from the midlands down to the coast, road closure, trying to monitor those and make sure we're watching those properly. >> reporter: and back here live, we're standing by one of those road closures. but just to give you some perspective. take a look at this. where we're standing this floodwater is about ankle deep now but we're told just yesterday this was waist high. so yes, conditions appear to be improving, but again officials

are asking residents to stay vigilant. we're live in charleston, south carolina, elizabeth hur for abc 7 news. the level of the water there is amazing. drew tuma was saying they've had more rain this weekend than san francisco's had the entire year. >> that's bad. >> we have spenser christian here with our accuweather update. >> okay, larry and ama, we'll start not with our local weather. this is calm and nice here. take a look at conditions over in the area of the flooding in south carolina after three days of rainfall, locally up to two feet of rain has fallen in some locations. you can imagine the kind of flooding, you've seen the video that this kind of rainfall can produce. the good news, if there's any good news in this situation is that the rain is tapering off. the latest radar looping image. you can see that the heaviest rain has moved off shore but there's still pockets of scattered showers moving inland

over the areas already flooded by the storm. let's take a look at the forecast animation starting at 5:00 this afternoon. the center of that storm will continue pulling away from populated areas moving out to sea, but of course, it has left severe flooding and extensive flooding behind and all those skies will be sunny later this week as the rain exits local communities will have to put up with the damage from the flooding for quite some time as these floodwaters slowly recede and life gets back to some semblance of normal. it will be summerlike. in just a few minutes. we have breaking news to tell you in oakland where two lanes of eastbound 580 are closed while police search for burglars on the loose in a nearby neighborhood. there's also a crashed car blocking the two right lanes which police say is connected to the burglary search. no word if anyone's been hurt. we have seen a lot of officers on the surface streets. oakland police are asking everyone to avoid 580 right now,

take 880 if you can. breaking news continues on twitter @abc 7 news bay area. a man in his 20s tied after his truck fell 40 feet to the ground. sky 7 hd was over the road shortly after this happened. you can see the gray toyota tundra crushed and on its side. the driver died but the solo passenger only has minor injuries. the driver of the other truck wasn't hurt. alameda county divers return to the water for the fourth day searching for a man missing since his boat capsized. raghavendra indugula was with co-workers at lake del valle on friday. seven people were able to swim to shore.

the a's possible move to the south bay appears to be over. the u.s. supreme court rejected hearing an appeal in san jose's request to move the a's this morning. they sued major league baseball. the city leaders wanted to build a ballpark. >> we knew it would be a longshot. >> the taxpayers aren't footing the bill for the legal fees we can focus on the tuns we have in this downtown and other parcels. the downtown is booming, revitalizing as it has not in decades. >> the man making it a high tech center of some sort. a's managing general partner lou wolf says the court's decision, while significant, has no impact on our intents and unwavering focus on solving our ballpark issue and providing a's fans the first class experience they deserve. a celebration of life. the gathering under way for 8-year-old murder victim maddy

middleton. plus the health concern that has yankees pitcher cc sabathia missing the playoffs. and later, the man accused of a bizarre kidnapping case is back in court. his plea and the evidence his attorney wants thrown out. also 7 on your side's michael finney taking your questions on twitter and facebook. search for michael finney on facebook or twitter to ask finney. at 4:12 we're checking our traffic. actually appears to be moving on the right-hand side. that's your traffic approaching southbound 101 south on the left-hand side you're trying to get on the lower deck of the bay bridge and over to the east bay pretty backed up at this hour.

walnut burlingame, campbell and all the bay area. this is abc 7 news. today would have been maddy middleton's 9th birthday. >> so sad. maddy is the santa cruz girl kidnapped and killed in july. a teenager who lives in the same complex as maddy did is accused of the killing. her family is throwing a big birthday party for other kids in maddy's memory. >> david lui is live in the santa cruz park where it's all happening now. >> reporter: you can see the party is under way here at harv harvey, west park in santa cruz. maddy's parents thought it would be a way to remember her in a fun and creative way but so difficult to understand how kids as young as 8 or 9 years old can process such a tragic event. this is what maddy's mom hopes will become an annual event.

the santa cruz mayor declared today's maddy's day. maddy's grandmother turned the out early to help decorate the oak picnic area at harvey westpark. others helped to put up streamers and balloons to set a festive mood. they have no idea how many children will show up. grammy made 125 goodie bags filled with art and craft goods. there are bounce houses for the kids to let go. >> this is about the fact that there was an 8, should have been 9-year-old child that, you know, celebrate kids and we're going to celebrate. she's here in spirit. and we're going to have a good party for her. >> reporter: looks like you picked all her favorite things like the color purple? >> yes, yes. butterflies, wolves, bounce houses, cupcakes, all the good stuff. >> reporter: maddy's mother knows her daughter's death hit the santa cruz community hard. this party should help youngsters to heal from the shock and loss of a childhood friend. >> we're tired of grieving. of course i'm going to

experience more throughout my life. but the kids, i don't even understand how a kid can process this kind of thing. so i just want to bring joy to the kids and to their families and whoever is here to celebrate maddyson, i'm grateful. >> reporter: a 15-year-old neighbor adrian jerry gonzalez will be tried as an adult for her brutal murder in july. for the children, it's time to focus on celebrating her life. in santa cruz, david louie, abc 7 news. american apparel has filed for bankruptcy. the los angeles-based clothing chain has been crippled by rising debt in recent years. an internal battle with the company's founder didn't help. no layoffs were announced as part of the financial restructuring which is expected to take six months. american apparel hopes to keep its 130 u.s. stories open. cc sabathia checking into alcohol rehab.

he's going to miss the postseason. the vallejo native says he's receiving the professional care needed to treat his disease and take control of it. the announcement comes a day before the yankees play houston in the a.l. game. >> it's important that, obviously, he's taken the steps necessary. and i'm proud that he's doing that. and that's the most important thing is he's taken a big, difficult decision and a problem and he's trying to tackle it head-on. >> sabathia intends to be back with the yankees next season. he comes back to the bay area every year for his youth camp at vallejo high school. very active in the community. this is really a surprise. hopefully he gets everything straightened out. we want to turn to weather on this monday. spenser christian is outside with what's going on out there. >> lovely, don't you think? sunny skies across the bay area

as this second week of fall winds down and we approach week number three. you can see we've got clear skies. hardly a cloud to be found except a few lurking offshore. go to a live view from emeryville. 74 in oakland, mountainview 75. morgan hill at 66 and at half moon bay. looking out toward alcatraz, napa 73, novato and livermore and a live look at the roof top camera looking out over the bay. see partly cloudy skies overnight with a gradual warming trend. and it will feel a lot like summer by the end of the week. here's the satellite radar composite image. you see a large area of low pressure building off shore. a mass of warm air that will bring us a warm week ahead. right now a light on shore breeze. and that breeze as we follow the forecast animation will bring us

a little bit of fog near the coast and out over the bay. locally inland overnight but daytime tomorrow will bring sunnier skies and the fog will pull back to the coast line giving us a mild if not mild to moderate warm day. we have a tropical storm centered east of the big island of hawaii right now. winds 65 mile-per-hour will take a track up to the north atlantic where it will cool and fizzle. back to our local weather, overnight partly cloudy skies with low temperatures in the mid to upper 50s. and tomorrow mainly sunny in the south bay with temperatures in the upper 70s to 80 at morgan hill. peninsula, 77 at redwood city and palo alto and on the coast mainly upper 60s with lingering fog. downtown san francisco will top out at 70 tomorrow. in the north bay, highs in the mid to upper 70s from santa rosa

over to napa and sonoma. east bay look for 77 at castro valley and the inland east bay will be nice and mild with highs right around 80 degrees in most locations. here's the seven-day forecast. look at the warm-up later in the week. towards the end of the week upper 80s inland, mid80s around the bay. and that pattern will hold through the weekend. might even be a little bit warmer on monday with highs reaching around 90 in our inland areas. how about that for fall weather? >> we'll take it. >> up next, it's warriors day in san jose. the special giveaway tonight as the world champions begin the preseason. >> new after 4:30 an emergency landing after the pilot dies midflight. hear from the passengers. >> it happens where you live. >> they've taken the first step to rebuild. >> the abc 7 news team covers your neighborhood. >> live in calistoga. >> in belmont. >> san francisco.

>> your story. >> 7 or your side is set up to help people. >> this investigation started with a tip. >> will you talk to me? >> let me give you the look of monterey highway shut down. >> what matters where you live. choose the team that works for you. ch

dancing with the stars season 19 champion alfonzo ribeiro will host in place of tom bergeron. he won't be hosting the show tonight because he needs to spend time with his ailing father. he thanks fans and said he would share their lovely tweets with his father. you can catch two hours of "dancing with the stars" at 8:00 then "castle" then abc 7 news at 11:00. >> the warriors back in action tonight. tipoff for the 2015 preseason begins tonight. >> just down the street at city hall today fans got a close-up look at the championship trophy

and posed for pictures. the trophy has been all over the country visiting the colleges and home towns of nine players. it's also been on the jimmy kimmel show. it's great to have the trophy and team in san jose will 10% of the warrior fan base lives. >> i was up there for the parade when they celebrated their great victory. i can't tell you how many people yelled out, hey, we're from san jose, too. it's a wonderful team, great organization and great seeing them so successful. >> and tonight's game against the toronto raptors is at 7:30. should be a good one. >> the first 10,000 fans will get this little guy. >> bobble head! >> check out the likes of steph curry. when i first heard they were going to do a steph curry bobblehead in a shark uniform, i thought that's going to be kind of weird. then i saw it, and that is fantastic. >> it's like he's warming up.

he's got the shark sweater on. >> the sweater if you want to use hockey terms, yes. >> the sweater. >> but this is awesome. the first 10,000 will get it. there's also a lot of jockeying in the newsroom right now over who -- oh, i know, i know. you can hang on to steph for now, if you like. our producer christine zidesire him greatly. >> home sweet home, the rescue of a toddler after disappearing in the woods for days. plus the coast guard continuing its search this hour for the crew of a u.s.-based cargo ship and why why they are giving up hy sounded really deranged because he said he'd been waiting to do that for a really long time a. a survivor's story describes the moment befo

live from the kgo tv broadcast center this is abc 7 news. checking today's headlines at 4:30, governor brown signed a right to die billinto law today. it helps physicians help terminally ill patients end their lives through medical means. they have to be given six months to live by two doctors and be deemed mentally capable of making their own decisions.

former inmates of the sonoma county jail has filed a civil rights lawsuit against the sheriff and the county. vic lee reported this afternoon guards wore ski masks, dragged inmates out of cells and beat them. the sheriff's office has not returned our calls. tonight there are concerns over more dams breaching in south carolina after one burst this afternoon. abc 7 tweeted this photo showing unprecedented flooding. there are mandatory evacuations for areas surrounding the dam. columbia's mayor said damage could be in the billions. the man suspected of a bizarre kidnapping pled not guilty today. melanie woodrow was in federal court and she joins us live from sacramento. he was there to enter more than just a plea. >> reporter: that's right. a judge also decided today that matthew muller will be fully shackled for all federal court appearances despite previous good behavior.

also today his attorney entered a request for a trial by jury despite this being a nationally recognized case often called the real life "gone girl" case, the reference to a hit movie. his attorney said they're confident they can find a fair jury. >> there's still a difficult day in anybody's life when they see a federal indictment charging kidnapping. >> reporter: once a harvard ukt,ed lawyer matthew muller faces a lifetime in prison if found guilty on that federal charge of kidnapping. vallejo police called the march kidnapping a hoax. denise huskins and her boyfriend aaron quinn liars after denise reappeared in huntington beach a few days later. >> when they make a statement like that, they're kind of stuck with it. >> reporter: matthew muller's close family friend, a former police officer himself, questions that move by law enforcement. he's been at every federal court appearance lending support. >> it breaks your heart when you see somebody in shackles,

especially when you had a relationship with him. >> reporter: the case may have never made it to federal court had it not been for another crime. mullery entered a no contest plea in connection with a june dublin home invasion. he left his cell phone behind, a move that led investigators to him along with a treasure trove of evidence linking him to the vallejo kidnapping. so much so prosecutors say they're adopting a production plan to document the evidence and video. investigators didn't have a warrant to search the cell phone muller left behind. >> it's an integral part of our defense. >> reporter: thomas johnson withdrew the same motion in the dublin case in exchange for muller's potential 11-year sentence to be served at the same time as any prison time he may get. melanie woodrow, abc 7 news. now for the latest on a search for a cargo ship with 33

people on board. they found the body of one crew member. that ship sank when it was battered by hurricane joaquin. stephanie ramos has the story. >> reporter: heavy seas and high winds raging. this is what the container ship el faro was up against when it went missing during hurricane joaquin off the coast of the bahamas. the storm was too much for the ship. >> we covered 70,000 square nautical miles yesterday looking for the el faro. so based on all of that, for our search planning efforts, we're assuming that the vessel has sank. >> reporter: the ship with its 33-man crew left jacksonville, florida, tuesday, set to arrive in puerto rico friday but never made it. >> we are not looking for the vessel any longer. we've modified our search efforts to focus more on potential people in the water, lifeboats and life rafts. >> reporter: there were two life boats on the el faro. one mangled lifeboat was found but it was empty.

life rings, containers, oil sheen and survival suits were also found in a debris field believed to be from the ship. and there was one grim discovery. >> in one of the survival suits we did identify human remains in one of the survival suits. we lowered a rescue swimmer to confirm that the person was deceased and it was basically unidentifiable. >> reporter: the el faro was missing after it sailed into rough water. >> we won't discount somebody's will to survive. that's why we're still searching today. >> reporter: the crew ship had 28 crew members from the united states and 5 from poland. in warm water conditions a person can last up to four to five days in the ocean. families remain hopeful. stephanie ramos, abc 7, washington. vermont's governor called this scene a freak of nature after an amtrak train derailed. amtrak suspects the train hit a

landslide covering the tracks. buses took the other passengers to a nearby -- the vermonter was headed to new york, then washington, d.c. a toddler is safe after a massive two-day search in ohio. this photo captures the moment little rainn peterson was found from just over a half mile from where she disappeared. she was reported missing by her grandparents friday evening. a volunteer spotted her in a field. now, authorities took rainn, wet and cold but otherwise unharmed, to the hospital and police are now trying to figure out what led to her disappearance in first place. we're coming up on abc 7 at 4:00. find out why a popular breakfast cereal is being recalled. brave guard dog. how a 20-pound bulldog stood up to very large intruders. i'm michael finney. ask finney is just ahead. i'm still checking your questions on twitter and facebook. just search for michael finney.

i'll answer your questions live here a little later. i'm spencer christian. we see sunny skies and we have mild conditions. later this week of fall we'll have summer-like weather. at 4:36, a live look at the afternoon commute.

do not mess with little

jewels. surveillance found this french bulldog standing guard when two bears came up on a southern california home. look at jules, he's chasing after the bear. >> get out of here. >> over the railing there, like this dog is crazy. get me out of here. jules, i like the tenacity. i like the ferociousness. big old bears, get out. >> one of the bears is seen hopping over the fence. the other one is just trying to get away. i wouldn't mess with that dog either. >> no, no. >> uh-uh. cool weather means hot tempers for moose in alaska. >> whoa. >> take a look. oh, man, two bull moose, they're fighting over a girl in anchorage, yes. >> tough work. >> it is. mating season is in full swing. when moose prove their prowess. it spilled right into a subdivision. >> people nearby got a safe distance away then started shooting video of these two locking horns. they each weigh about a thousand

pounds. eventually the moose went their separate ways and the video's now gone viral. one commenter writes the fight is more entertaining than mayweather versus pacquiao. and this is free. that did not cost dollars. >> who did she choose? >> i don't know. we scored it a draw. >> yes. >> but spencer christian, he knows, this is what boys do. they'd be great friends if not for her. >> i'm almost embarrassed to admit it, but you're right. this is what i do. take a look at the sunny skies over the bay area. this is live doppler hd. this is nothing to fight about. early fall, although there's summer-like conditions across the bay area. that pattern will continue for us. looking at national conditions tomorrow. a fairly calm day across the 48 contiguous states. a few showers will fall down into the desert southwest. otherwise looks like pretty calm and fair weather and that will

be the picture here in california as well as we'll have mainly sunny skies statewide with a few low clouds and some fog. it will be nice and sunny and mild in our interior regions. and across the bay area tomorrow look for some patches of lingering fog at the coastline, but partly sunny there and sunny over the bay and high temperatures reaching into the upper 70s and low 80s. mid to upper 70s across the bay. on the coast, it doesn't get much better than that. >> thank you so much, spencer. still ahead here on abc 7 news at 4:00, hear from a young woman who survived the oregon college massacre. what the gunman said before shooting and how she made it out alive. plus scare in the air. a pilot dies midflight. now, the passengers are talking about their experience. and 7 on your side's michael finney. little at&t began offering its highest paid service at a discount for low-income customers.

i started with pills. and now i take a long-acting insulin at night. i take mine in the morning. i was trying to eat right, stay active. but i wasn't reaching my a1c goal anymore. man: my doctor says diabetes changes over time. it gets harder to control blood sugar spikes

after i eat and get to goal. my doctor added novolog® at mealtime for additional control. now i know. novolog® is a fast-acting, injectable insulin and it works together with my long-acting insulin. proven effective. the mealtime insulin doctors prescribe most. available in flexpen®. vo: novolog® is used to control high blood sugar in adults and children with diabetes. take novolog® as directed. eat a meal within 5 to 10 minutes after injection. check your blood sugar levels. do not take novolog® if your blood sugar is too low or you're allergic to any of its ingredients. tell your doctor about all medical conditions and medicines you take. ask your doctor about alcohol use, operating machinery, or driving. the most common side effect is low blood sugar. symptoms may include dizziness, sweating, confusion, and headache. severe low blood sugar can be life-threatening. other common side effects include low potassium in your blood and injection site reactions. get medical help right away if you experience trouble with breathing, serious allergic reactions like swelling of your face, tongue, or throat,

sweating, extreme drowsiness, dizziness, or confusion. now i know about novolog®. taken by millions since 2001. vo: ask your health care provider about adding novolog®. it can help provide the additional control you may need. president obama will travel to oregon on friday to meet with families of victims from that college shooting. today one of the students who survived is telling her story of

terror. in an abc news exclusive, she explains how playing dead got her out alive. brandi hitt has her story. >> reporter: anastasia boyland is a survivor. >> i didn't think i would make it. >> reporter: speaking from her wheelchair in the hospital that saved her from a gunshot wound in the back. she spoke exclusively to neil karlinsky about the terrifying moments when alleged gunman christopher harper mercer opened fire. >> i could hear everyone breathing hard and freak ougt and crying. >> reporter: she said the gunman spoke to them. >> he sounded really deranged because he said he'd been waiting to do that for a really long time. and he laughed. >> he laughed? >> he laughed after -- after he shot the teacher. >> reporter: then described how he picked out one student specifically to be the one who would live to tell the story. >> and said, the kid in the

glasses, get up. i need you to do me a favor. today is your lucky day. and hands him this like business envelope because he wasn't going to be able to do that after he was done killing the rest of us and said he was going to kill himself. >> reporter: she said he questioned each of his victims. >> had us get up one by one and asked us what our religions were. >> reporter: when the student said his religion, he immediately was shot? >> yeah, the shooter said that he would only feel pain for a couple of seconds and that he would be with god soon. and then he shot them. >> reporter: she lived by playing dead, keeping her eyes shut. brandi hitt, abc news, rose'burgh, oregon. an american airlines pilot died today midflight from phoenix to boston.

that plane with 147 passengers and 5 crew aboard was diverted to syracuse, new york. >> captain is incapacitated. request handling for runway one-zero landing. >> one of the pilots is unresponsive. >> the captain suddenly became ill and just died. this was shortly after 7:00 in the morning. airlines in the u.s. are required to have two pilots on board specifically for this type of emergency. passengers were not told the pilot had died. they reacted after the flight landed safely in syracuse. >> it landed and we thought he just wasn't feeling well. we had no idea he had passed. it was extremely shocking. >> if it wasn't for the co-pilot using a cool head, it might have been more disastrous. >> they all would have been in trouble. the identity of the dead pilot and the nature of his illness has not been disclosed. a new study does not link breast feeding with a child's

iq. >> a big drop in soda consumption. jane king with today's wellness report. >> in the last 20 years sales of full calorie soda have plummeted by more than 25%. sales are stagnating as americans say they're trying to avoid soft drinks. sales of bottled water have shot up. and bottled water is now on track to overtake sodas a the largest beverage category. breast feeding is known to have effects but a new study says it had no impact on an iq. they gave children intelligence tests regularly since their birth. they found girls had a slight but insignificant advantage in iq, but boys who were breastfed had no difference. how does a six-hour work day sound? sweden has been experimenting it and it's going so well more companies are looking at adopting it. it led to employee retention, higher profits and higher

productive. just because it's getting cooler doesn't mean you can lay off the sunscreens. companies realize this and they're making special you sunscreens for october. dermatologists recommend getting a sunscreen without a beachy scent and with at least 30 spf. i'm jane king. here's to your health. general mills is recalling almost 2 million boxes of cheerio's and honey-nut cheerios. they were named gluten free when they actually contain wheat flour. customers who can't eat wheat should contact the company for a replacement box or full refund. for which boxes were affected go to abc7.com. time for ask finney. michael finney answering questions sent in. with the merger of at&t and direc directv, at&t will be required to offer high-speed low-cost service for low-income people.

when will this start? >> oh, great question. yeah, it starts early next year. they don't have an exact date but they say by april they'll have everybody signed up. this is a fabulous deal. if you're part of the government nutrition program you qualify for this. you can get broadband in your house for ten bucks a month. fabulous deal. they're trying to roll it out pretty quick. midway through january, maybe into february. my overnight greyhound bus trip was canceled. is greyhound responsible for giving a room to passengers while they wait for another bus? >> you would assume so because that's often the rules depending on the same circumstances of airlines. that is not the case with bus companies. they don't have to put you up. greyhound has a deal with amtrak. normally they'll try to get you on to an amtrak, but they don't have to do anything. start negotiating with them. hey, i've got a ticket. generally any time that wonbus

won't roll is when the driver things it's too dangerous, snow or something. >> should i be paid according to the minimum wage of where i work or the company i work for is based? >> ah, that's a great question. it's where you work. here in san francisco, the law says minimum wage workers have to make at least this amount of money. i think it's like $10.82 an hour, but that's only if you work in san francisco. all these multinationals and nationwide companies have all these different minimum wages wherever they're set up. >> it's where you're physically located. >> where you physically work. if you're down here and you can get up here just as easy, you might want to get up here, you'll make more money. gearing up for fleet week in the bay area. the u.s. navy undergoes high level training today. and cheryl is here with a look at what's coming up on abc 7 news at 5:00. coming up next, hitting the bank. the record of getting your money can really cost you. and an international

championship, one of the winners from the bay area. because at&t and directv are offering yesterday's technology, today. tv from space. [whispered] space as long as it's not too rainy. [whispered] rainy or windy. [whispered] windy or there isn't a branch in the way. [whispered] branchy welcome to the moment no one's been waiting for. the fastest internet and the best tv experience

is already here with x1. only from xfinity.

doeight pieces ofily original recipe chicken? yes. [ding] two large mashed potatoes and gravy? yes. [ding] and are you the real colonel sanders? yes...

[buzzing] it's finger lickin' good. abc 7 is honoring hispanic heritage month with posts to our inta gram feed. today we honor the founder of tv that's a source of information about scholarships and other services available to undocumented immigrant ors students from low-income families. more details on instagram abc 7 news bay area. a warning for drone pilots this week. keep your aircraft grounded. the faa has restricted all aircraft, manned and unmanned, within five miles of an area just north of ft. mason. only planes flying above 15 hss this feet are allowed in the air space. the restriction is in effect from thursday through sunday. the first navy ship of fleet week is tied up in san francisco right now. sky 7 hd was overhead when the u.s. somerset sailed into the

bay under the bay bridge. she'll soon be joined by a half dozen ships from the navy and coast guard and the blue angels in this celebration of the military. amy holyfield has more from pier 50. >> reporter: this may look easy to you, but the u.s. navy says what you are watching takes a live level of skill. >> then he took out a 100,000-ton-plus craft and saw him parked it in a driveway and didn't leave any scratches. a huge successful. very difficult. >> reporter: the scenario is this -- what if san francisco's piers were damaged in an earthquake and this yacht club in hunter's point was the only way crews could transport emergency vehicles to the city? >> it's easy to say we'll throw trucks on a boat and move it across the bay. until you put that truck on the boat and have the boat crews talking to the crews of the truck and get the load masters to tie it down, you learn a lot every time. >> reporter: in this case they learned pg&e trucks are difficult to disembark and would

require raising the ramp. >> we know now, that would probably be the last piece of gear we take off. >> reporter: the idea is to take all the agencies in town for fleet week and have them practice different disaster drills. in this case, a major earthquake. they realize most people associate the blue angels with fleet week, but they want people to know fleet week is more than an air show. >> yeah, there's a lot of noise from the airplanes, but there's more to it behind that. and this is our opportunity to have them all in town where we can get face-to-face and practice with them and not just talk. >> reporter: i asked about turnover, the fact that people practicing today won't be the ones who return if there's an emergency. now, there is still a lot of fun to be had this week. those angels you've probably heard about, they'll start practicing on thursday. in san francisco, amy ho hollyfield, and they put on quite the show. abc 7 news at 5:00 begins right now with cheryl and larry. >> i have that surprise that it

happened in my lifetime. >> california making it legal for some terminally ill patients to end their lives. why the governor signed this landmark legislation today. plus -- >> we knew it would be a long shot. >> san jose strikes out at the supreme court. why is it a good thing the oakland a's are not moving south. >> there's ice cream. there's a petting zoo. >> and even more than that, the special birthday celebration and just about the entire town is invited. live from the kgo tv broadcast center, this is abc 7 news. as elected officials, you have the power to make this happen. please, take action. >> that was a plea from right-to-die advocate britatany maynard before she died. i'm larry beil in for dan ashley. >> i'm cheryl jennings. thanks for joining us. today governor brown signed

california's right-to-die bill. he knows it's fullof emotion on both sides. in the end i was left to reflect on what i would want in the face of my own death. so who qualifies as terminally ill? let's go to reporter lyanne melendez in berkeley. >> reporter: hi, cheryl. so many people waiting on today's decision. it all started on 9/11 with the state senate voting to approve it. but the governor had until wednesday to decide and he did so today. with governor brown's signature, terminally ill californians will be able to legally end their lives using doctor-prescribed drugs. lawmakers passed it last month. >> in the end it kind of comes down to the same thing for everyone. what options do i want at the end of my life? >> reporter: brittany maynard became the face of the death with dignity battle. she chose to end her life with prescribed medication in oregon. but there were many others like her. jennifer glass of san mateo died nearly two months ago without a

chance to end her own life with medication. her husband talked to us on the day the state senate approved the bill. >> it's still painful that i've lost her. and it would have been better if -- for me, too, if jennifer had had the death that she wanted if she could have taken a medication very close to the end. >> reporter: those who opposed the bill feared insurance companies may deny life-saving treatments for some opting instead for a less expensive alternative. >> two oregonians with cancer received a letter from the health plan denying a particular chemotherapy that was prescribed by their doctor but saying that it would pay for, among other things, their assisted suicide. >> reporter: a terminally ill patient would need to make two oral requests to a doctor followed by a written one. a second physician must also approve it. and a southern california woman who doctors say has only months to live says the