>> announcer: >> live, from the kgo tv broadcast cre broadcast center, this is abc 7 news. >> good afternoon, everybody. >> a nine-year-old san jose boy is in the hospital after getting shot in the leg in his own bed. police say the gunfire came from the apartment of a neighbor who accidentally shot himself with the same bullet. abc 7 news reporter david louis is live with new details on how this happened. david? >> reporter: well, natascha, you'd like to think that home is one of the safest places you request be. a nine-year-old boy is asleep in his own bed. suddenly, a rifle is shot and a bullet lodges in his leg. a resident of is this apartment complex is under arrest, facing some serious charges.

>> the rifle discharges into the toe of 40-year-old eric smith. the bullet pierced the floor and wounded the 9-year-old boy asleep in his bed in a downstairs apartment. both were rushed to valley medical center where they are in serious condition. residents say it's normally a quiet complex. no one knew smith had any firearms. the nine-year-old son scotty and the wounded boy are good friends. >> from a mother's point of view, it's the hardest thing to go through. seeing your son go through so much pain and not being able to grow up when he gets older. it's heartbreaking. >> police arrested smith for being a felon in possession of a firearm and ammunition and for negligent discharge of a firearm. the sister in law is hoping for the best. >> we're all praying that everything is well. that he's okay and we're asking for everybody to pray for him. >> rosyl nrksz bonds saw alex

all of the time. >> everybody sees alex, you know, playing soccer or running with his scooter or swimming. and he's -- yeah, he was really playful. >> neighbors say they will find it difficult to forgive what happened. >>. >> that's a kid. that's a kid. when you mess with a kid, you're done. >> thank you, david. a dep wuty turned away a murder suspect who tried to turn himself in in downtown san jose. santa clara county has laurjed an internal investigation. hugo castro is accused of killing a woman he used to date. he was told the crime didn't occur in sheriff's department jurisdiction. he's told to walk several blocks to the san jose police

department where homicide detectives then took him into custody. >> some slick roads out there are to blame for the accident in santa rosa. two of the victims were taken to the hospital. fortunately, they're expected to be okay. >> san francisco had a few sprinkles as the sun came out. it was enough for one person to break out their umbrella. a live look now outside from our mt. pias camera. driving in today, it was clear and it looked beautiful outside. of course, everybody's wondering more rain might possibly be important. >> and i think we have someone who has an answer for us, hopefully. spencer christian is on the way. >> indeed, on the way immediately. there's more on the way a few days from now. right now, this system has dumped all it's going to dump.

here's live doppler 7 hd. you can see how much clear sky we've got over the bay area. what's left is over the sierra right now producing some scattered thunderstorms. how much rain does this system leave behind? by the way, i may point out here that this october there has been no measurable rainfall this entire month. the previous four times it occurred were over a span of 100 years in the 20th century. live view of the golden gate bridge. this is our first forecast. we'll see mostly clear skies tonight. bright tomorrow morning, sunny and mild conditions tomorrow afternoon. there is some more rain on the horizon.

>> looking forward to it. thank you, spencer. a live look this morning, off beach boulevard. right now, there is a beach hazard statement from the national weather service. and that means that beach duoers should watch out for large swells 9-12 feet high. it will be in effect today through tomorrow evening including the entire coastline. >> and whether it's rain or surf, when you get unusual weather where you live, take a photo or a video and share it with us. we may use it on the air or perhaps abc 7 news. >> constantly looking out for that. >> well, you know what, you get 9-12 foot surf, it's captivating, yes. >> take a look at this. military bliss that went awol in military is now securely back on the ground. but what an odd sight, huh? a cable snapped allowing this blimp to fly free. it went down hard, took out

power lines causing widespread outages. the blimpb is nearly the size of a football field and it's part of a surveillance system decybered to detekt missiles, drones and other weapons. >> a sheriff's deputy just learned today he's off the job. >> the officer's firing comes just two days after he was caught on cell phone video slamming a female student to the ground in the classroom. terrified. terrified. my first instinct was to get my phone out. >> tony robinson is one of several students who recorded the incident on monday which all began when the 16-year-old student reportedly using her cell phone in class refused to

hand it over, refusing request from her teacher and then defied orders from the officer to leave the classroom. >> i didn't really feel like if i were to tell it, people would believe what i was saying. >> the deputy needs to be in handcuffs. he should have been in handcuffs as soon as the sheriff saw the video. >> there is other video showing the student swinging and striking the deputy. >> it doesn't justify his actions. she needs to be held responsible for what she did. >> reporter: the officer was just honored last year as an exceptional role model but sued twice before for using excessive force. the first lawsuit filed in 2007 by his now ex-wife. >> he got upset because i called him dude. >> reporter: martin lost that case and the second lawsuit is headed to trial. as for this incident, a criminal investigation is now underway by the f.b.i. abc news, new york.

>> three sack ra me tone high school students are facing charges after a violent brawl on campus. inside the lunchroom, officials say the school's principal was thrown to the ground during this confrontation. he and two staff members were hurt. two 15-year-olds and a 13-year-old were arrested. >> and three teens, just 14 years old, were taken to the hospital today after they were found to be extremely intoxicated. a maintenance worker found the three drunk at an apartment complex at 11:30 this morning. one of the drunk teens became specifically combative. that teen was contained. all three were taken to the hospital. the combative teen was also cited for resisting arrest after he tried kicking and head butting one of the officers.

>> an american airlines plain landed safely after he was hit with a laser light. the captain reported laser light in the cockpit. pointing a laser light in a cockpit is a federal crime. it can cause pilots to suffer flash blindness. the crew on this flight was not injured in the laser strike. >> police are looking for a group of armed robbers who are targeting families after they drop their kids off at school. >> officers say the robbers hit two homes in the city's washington manner neighborhood. in both cases, police say three to four suspects robbed their victims at gunpoint after those victims returned home. the robbers made off with cash and jewelry. investigators are working to see if similar crimes occurred in their community. >> we can alms assume if it's going on here in san leandro, it

has gone on somewhere else, it will go on somewhere else or it's going on somewhere else at if same time right now. >> police are asking to review home security footage to see if they caught footage of any of those robbers. >> women taken to the alameda county jail will no longer be forced to take a pregnancy test on behalf of two women, one of them is 69 years old. as part of the agreement, pregnancy tests will only be issued if a female inmate gives her consent. >> you can expect the normally slow drive home across the bay bridge to be even slower tonight. a big crowd will be headed out to treasure island to watch elton john and beck perform. that's to kick off around 6:00 this evening and wrap up around midnight. to help navigate, get waves on your smart phone and then join the group for free on apple's

appstore or on google play. >> still ahead, gearing up for tonight's debate. the complaints already k0coming out before the front runners already take the stage. >> a first line of defense for young football players called into question. the potential problem with helmet sensors. >> dozens of kids will be without a classroom. the school set to close in the east bay. >> michael finney is taking your questions on twitter and facebook. just search for michael

well, there's some encouraging news about the high school football player in california put in a medically induced coma. he's finally breathing on his own. matt keller now has the questions being raised about his helmet. >> reporter: it seemed like a routine tackle. >> he's down and he looks like he's in pain. >> but number 18 was slow to get up. he appeared to shake it off and then wobbled to the sideline. the concussion so severe the 17-year-old clansed flopping onto a bench. >> he came off and everything seemed normal. >> nava was rushed to the hospital for emergency surgery to stop the bleeding, swelling and pressure on his brain. nava had what was supposed to be an added safety measure against concussions.

>> that sensor is in there to monitor the severity of certain impacts and also frequency of certain impact, as well. >> his helmet sensor did not go off. he told abc news we are hopeful he has a full recovery. it would be inappropriate for us to speculate on the circumstances surrounding the incident. >> nava has been in a medically induced coma since his surgery to reduce swelling. the young player is now breathing on his own. in the news room, matt keller, abc 7 news. >> a wisconsin jewelry store owner is apologizing to an nba player over alleged racial profiling. the clerk in the jewelry store locked them in. the ins dents occurred after he called to see how late the store was open.

one of the clerks called 9-1-1. >> they are at the front door. i don't feel comfortable. i'm hiding in the office. >> the clerks told the 9-1-1 operator the calls seemed kind of suspicious. the store owner apologized and called the incident an unfortunate misunderstanding. he accepted the apology but brought his rolex someplace else. >> once again, his three-point shooting prowess for a good cause. his three-for-three challenge this season. will donate three life-saving mosquito nets to the nothing but nets campaign for every three-pointer he makes. he's donated 2400 nets over the last three years. he got off to a good start last night making 5 three-pointers in the warrior's season opener at oracle.

>> the team received their championship rings just before the home opener last night. just to put the size of the ring in perspective here, abc 7 sports anchor posted this picture right next to his old superbowl ring. it's almost twice or three times the size of a pretty superbowl ring. we saw the designs yesterday. and you couldn't really tell the size of the ring. you could just see a little photo. but they're kind of like the size of chandeliers. >> you can try to find out how much they cost. any luck? >> no, nobody's willing to talk about that. a few years ago, the dallas mavericks, they wanted to spend $200,000 per ring. the league has a cap.

it sets a limit on what you're allowed to spend. but they won't tell you what that is. >> somewhere less than $200,000? >> way less. all right. i'll have to start practicing. thank you. the art museum is doing something it's really never done before. it's exhibiting western art. each looks at the influence of japanese art at the beginning of the 20th century. new inspiration that used simpler styles and bolder colors. >> print makers, in particular, tend to have a flatter approach creating more two-dimensional designs that use large areas of unmodulated color. >> now, today's rain in the bay

area brought some incredible sights. check out the rainbow. it's -- i thought it was a double rainbow, but it's a single rainbow. thanks to everybody who shared their photos with us. and, please, use the hash tag abc7now if you've got a cool rainbow. and the double rainbow means spencer christian might just drop in. >> well, we had lots of clouds, but not a lot of rain. no monstrous rainfall totals. just thought i'd toe that in. still, a bit of morning drizzle. here's a look at live doppler 7 hd. here's a look at sierra breaking up. there's some thunderstorms in the foothills.

we have a beach hazard advisory through tomorrow afternoon. swell heights could reach 9-12 feet. here's a view of clear sky and here are the forecast features. we'll see sunny and bright conditions the next three days. dry and mild for halloween. there's a chance of rain again on sunday. here's how things are shaping up. showing that weak frontal system passing through. and, following that will be the return of warm, fall days over the next three days. but let's take a look at our forecast innovation saturday. it will be dry for trick-or-treat activities. here's what's coming overnight into sunday. sunday night and early monday morning. once again, this does got look like a very powerful system, but could produce enough wet weather

to make for slick roadways and maybe a damp day on sunday. overnight, look for clear skies tonight with low temperatures in the mid to upper 50s. and then tomorrow, sunny and mild conditions ranging from mid to upper 60s at the coast to upper 70s around 80 in our inland area. check out how warm it's going to be for mid to upper 80s. don't forget, we fall back to standard time saturday night into sunday morning. and then, sunday, our next chance of rain will be a cloudy and cooler day for sure. some showers could linger into early monday and then we'll get more autumn-like weather tuesday and wednesday with high temperatures in a more seasonal rain. i don't think we'll be seeing more 80s for a while after saturday. >> especially that skeleton in

your graphics there. >>. >> all right. it is 4:00 in the afternoon. >> after all. >> thanks, spencer. up next, a lawsuit over a haunted house just in time for halloween. but this isn't your usual haunting. >> new after 4:30, the pumpkin like no other and their special [female announcer] if the most is the staying awake part, day sleep train has your ticket to a better night's sleep.

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just days before halloween, there's a real life house of horrors for one rhode island couple. abc news reporter david wright has the story. >> for the owners of this rural rhode island farmhouse, the trouble started with the 2013 horror movie. about a pair of real life ghost hunters. >> we prefer to be known as ed and lor rain warren.

films supposedly based on true events. shot at a different house but used the real name and the name of the town. and ever since the movie came out, the owners of the farmhouse say they've been haunted by horror fans and curiosity seekers. >> now, the homeowners have filed suit. claiming while the makers have profited enormously from the film, they received nothing but a conjure iing siege of their property. >> if it needs this type of publicity, if it needs a lawsuit to get this out, that is really my main goal. is to get it out that this stuff is made up and take the stigma off this house. >> we reached out to the studio who said they hadn't seen the lawsuit, but it's out there. you better believe it.

>> david wright, abc news. >> now for today's gma hot list. the biggest and the best from our friends at good morning america. >> here's your 60 second hot list from gma today. gma investigates caught with an accurate meters. >> the consumer is getting hosed. >> to make sure you're charged fairly. experts say if you believe a taxi meter is inaccurate, tell the local regulator. >> halloween is just days away. and that means lots of candy for the kids. and a new study is showing sugar cut from their diet. >> you know, it's a holiday. >> worry about the other 364 days of the year. don't worry about this one day. >> i am ready for my close-up.

i am so nervous. >> and that's the gma hot list from today. we'll see you in the morning on gma. >> michael strahan still looks like he could line up and rush the passer in a second. >> all right. abc 7 news at 4:00 continues. it hasn't even begun yet and the candidates are already complaining about tonight's gop debate. >> and a plea deal for former speaker of the house. >> plus an east bay school closing its schools. ♪ ♪

♪

taking a look at the headlines today at 4:30, a 9-year-old boy was shot in the leg in san jose. police say he someone shot himself in the foot with his assault rifle and the bullet went right through the floor hilting the boy in the leg in the room below. a san jose man who tried to turn himself in for killing his ex-girlfriend was initially

turned away. hugo castro was eventually arrested. irish president michael higgins is in berkley to honor victims of the summer's balcony collapse. there will be a full report at five. tonight is the r third republican presidential debate. the main debate will take place in about half an hour. joined live now in boulder. randi? >> this is definitely a make-or-break moment for those lowest in the polls. >> you can see some of the candidates here in the spin room now trying to spin who won that debate in their favor. there's already plenty of drama before the main event begins.

fol loed by marco rubio, jeb bush and carly fiorina. >> i do realize that it's a marathon. >> i think he's got to practice with his vocal cords. >> four candidates lowest in the polls will also face-off in an earlier event. john is vowing to take the gloves off. >> i'm done with being plight and listening to this nonsense. >> the drama behind the scenes. he tweeted these photos comparing trump's elaborate green room. later changed paul's accommodations.

>> jeb bush is targeting democratic candidate hillary clinton in his latest ad. i know i have a debate. but i've got to get this thing right. >> calling on him to resign his senate speech saying he missed too many votes in washington. >> tonight's showdown and what to do about the nation's debt crisis. millions watched and it got heated and really fiery on stage. reporting live, abc 7 news. >> speaking of heated and fiery, donald trump is already stirring things up on social media leading up to the debate. what has he been tweeting? >> larry, he arrived here in boulder yesterday.

he thought the debate would be unfair. he didn't think this debate would be fair at all. he's gone after candidates like rand paul saying the poll numb biers are so low they don't deserve to be here. he fired back saying he wished trurp would fire back already. i have a feeling you're going to see more of that tonight, larry. >> thank you, brandi. house republicans are expected to elect paul ryan as the speaker's next speaker tomorrow. republicans hope he will leave him out of weeks of disarray. current speaker shawn boehner announced his resignation last month. he pleaded guilty to evading bank laws.

he paid people to cover up alleged sexual abuse while he was a high school teacher. he served as speaker from 1999 to 2007. he now faces a max um mum of six months in jail to no prison time. >> the city of pittsburgh may soon lose ilgts only charter school. abc 7 live in pittsburgh to tell us exactly what went wrong. >> well, larry, little information has been given about this posz closure. this school is not expected to survive. many including the state department of education are now involved. and have plans to be in place which is to transfer many of these students to other schools. the high school is located in this strip mall.

parents have been pleased with the results. >> this school works for her. where the other schools don't have the time because they have too many students. >> the charter school, a few days ago, parents received two letters, one from their school saying the entire board has resigned. in southern california, stating they could not operate without a board. without a board or a management company, the school is slated to close on november 18th. >> we're completely in limbo. abc 7 news found out in 2012, the pittsburgh unified school district had denied their request for a charter. they, too, said no. >> the counsil office was concerned about, number one,

their funding plan. they also didn't have a location identified at the time. >> at the time, the county was also worried about the school's education program. if they closed some of the nearby districts would have to absorb some of these students. >> if it closes, there will be no charter schools in pittsburgh. >> thanks for that. math scores are down for the first time in 25 years. shows the first-ever drop in math scores in both fourth and eighth grade students. progress in reading also stalled this year. the exact cause of this decline is not known. education leaders say a drop in

income and curriculum changes. >> still to come, more fallouts from this week's news about the cancer dangers of eating meat. now, what california is considering doing. >> i'm michael finney. and ask finney is just ahead. i eat answer your questions heers live a little later. >> a little bit of a warm-upcoming our way.

you can see donald trump's face just about everywhere these days, including on a pumpkin. this is a trumpkin. a arthritic or a treat, you decide. this was created out of a 374 pound pumpkin. took her about 10 hours to do it. she's also created images of john stuart, oprah, kanye west. >> former 49ers head coach is talking strategy, not on a football field. the best strategy for trick-or-treating. when it comes to jim harbaugh, here's what he said that he told

his own kids. >> run from house-to-house, then you can get more candy than anybody else. come home and make a quick change. >> yeah. this new strategy is crucial. and urges kids to be go-getters and get out there and out-candy the other kids in the neighborhood. the coach says he pulled the same tricks when he was a child. it's all about winning in candy. jim harbaugh. >> we want to see how you and your family are getting ready for halloween, getting into the spirit. you may see them on air or online. >> spencer christian has two costumes. it's about winning, spencer.

>> are they dry weather costumes? or wet weather costumes? it hasn't been for a long, long time. we've got dry weather right now. a little should recallers from this morning have faded. so for this season, percentage of rainfall normal this evening. tomorrow, look for some thunderstorms off the coast of new england. some showers up and down the rocky mountains. across the state of california tomorrow, it will be dry, as well. lots of sunshine and temperatures will begin to fall towards seasonal patterns. 72 in fresno. here in the bay area tomorrow, under sunny skies, high temperature range to low to mid 70s around the bay. to just about 80 degrees.

so we have a bit more mild through warm weather headed our way. >> still a head on abc news at 4, a new reason to get enough sleep. what it could help prevent. do you pay sales tax where you li when i was sidelined with blood clots in my lung,h. it was serious. fortunately, my doctor had a game plan. treatment with xarelto®. hey guys! hey, finally, somebody i can look up to... ...besides arnie. xarelto® is proven to treat and help reduce the risk of dvt and pe blood clots. xarelto® is also proven to reduce the risk of stroke in people with afib, not caused by a heart valve problem. for people with afib

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a new study uncovers yet another reason to get a good night's rest. it may help your memory. a study finds the first evidence today that sleep disruptions, similar to jet lag, promolt memory loss and chemical changes in the brain. researchers also found disturbances in the body's day-night cycle. maybe a key-underlying cause of learning and memory loss that's associated with alzheimer's disease. good sleep hablts could also help humans maximize good memory. california is considering adding meat like hot dogs, sausages and bacon to a cancer warning list.

this comes after the world health organization classified processed meat as carcinogens. they say the risk increases with the amount of meat that is consumed. >> your health insurer could pay you to use your blood pressure and rate. >> jane king has today's wellness report. >> rite aid says it's trying out a new rewards program that compensates customers to take a few measurements.

behavior therapy and exercise therapy did show promising results. and there may be a better way to predict a baby's due date. a new study shows the ultrasound can pinpoint birth within a week. a study of men found that after a month of eat iing foods with probiotics lowered anxiety. from the nasdaq, i'm jane king, here's to your health. >> consumer news now. time for ask finney answering questions. first question, asked via facebook, aren't all stores supposed to be using a chip reader? >> they're trying to get to that point. there's been no real change. what it says is retailers have to have a chip reader if they don't want to be responsible for

credit card fraud. they can just keep swiping the thing. a lot of retailers are hoping that their provider wills give it to them for free. >> in my small town, the sales tax is 89.5 pbt. i thought i pay sales tax where i live, not where i shop. >> actually, you don't pay sales tax. that's the amount of money they have to collect and then send it in. there is one exception to this. and that is automobiles. that is based on where you live, not where you buy it. otherwise, everyone would run to the county that's only charging 7%. so they don't do that.

>> how do i know if somebody collecting money for a nonprofit is really collecting it for that organization 1234. >> just a concern. i think we've all had this. >> it's very, very hard to tell. one thing you can do is call up the charity and say do you have a fundraiser going on right now? it's better to give directly or to someone you trust. >> thank you, michael. >> abc 7 news at 4:00 continues. up next, an honor given to high school athlete social security now being extended to another very special student. >> thank you so much. coming um next, against the tide. outrage over big price increases in a bay area race now tossing up a boycott.

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well, it's a tradition that high school athletes excel in sports get a varsity letter. >> now, a special o lirp yan at foothills high school. and that young man is wearing it proudly. abc 7 news reporter laura anthony joins us live. >> reporter: hi, natascha. andrew is an accomplished athlete, just not in a traditional sense. he's now also a lettermen, something that's a strong message about inclusion.

the letterman jacket he received at foothills high school. >> it felt really good. it felt like i was going to be more special than i already was. >> he's been competing since he was 12. but at most high schools, varsity letters were given only to those students who received certain standards at school. >> just one day, i was driving in my school and i thought why can't he have one? >> that is until andrew's mother decided to make a decision to foothills principal. >> i was thinking about how families take pictures of their seniors with the lettering jacket. >> he's so proud. he wants to wear it all the

time. even if it's 95 degrees out. >> it makes me feel happy. >> now, other schools in the area plan to follow foothills lead and award letters to students who have made their mark in the special olympics. today, he joins first lady michelle obama in virginia. the group met with wounded military veterans and then watched a sporting event. >> well, thank you for joining us for abc 7 news at 4:00. abc 7 news at 5:00 begins right now with dan and cheryl. >> it's never a safe place anywhere. anywhere in this world. >> south bay residents are

worried after a neighbor hoots shims and then a little boy in another apartment. >> also, ahead, the concern that robbers are targeting family ins one east bay city. >> the president of ireland gives thanks and pays tribute. >> another black eye for the santa clara county jail. did officials really tell a murder suspect to go home? >> and the surprising impact from today's rain in the bay area. >> one by one, hand by hand, the president of ireland goes to a balcony that killed six students. >> welcoming a permanent tribute to those six students who died in that tragedy back in june.

>> it was an emotional moment when the president of ireland planted these two trees in a park downtown. >> a lasting friendship that came about from tragedy. irish president mile dal d.higgins helped plant the tree. it's just a couple blocks from an apartment to where six students fell to their death in june. ats a reception, president higgins personally thanked first responders. >> all of you shared this tragedy with us. that is the reason we join today in solidarity and gratitude. ashley and her cousin, olivia

were two of the victims. the president met privately with the family. >> the city of berkley is considering adopting new safety regulations. >> certainly, if we required that the balconies be constructed with better materials, that could have prevented this from happening. >> in berkley, abc 7 news. >> two san jose neighbors, one an adult, the other a nine-year-old boy. both in the hospital this evening. and the adult, four-year-old eric smith is also facing some serious charges for firing a rifle.