good afternoon. thank you for joining us on this monday. a deadly weekend fire at a home now being called arson and authorities believe they know who set it intentionally. the fire killed a 5-year-old boy and seriously burned his mother. we have more with the latest on this developing story, including the manhunt for the accused arsonizes. >> reporter: police believe the suspect to be the 5-year-old victim's father. we're going to show you a picture right here released a few moments ago by the police. the 53-year-old man who remains at large and who they consider

to be dangerous. let's begin with the police lieutenant. >> it appears he murdered a 5-year-old child and that makes him dangerous. >> reporter: the child was in the master bedroom with his mother when the suspect set it on fire with what they describe is only as an accelerant. the fire burned hot and fast. there's reports of neighbors trying to go inside and help. the boy's mother remains hospitalized. another who was in the hospital has been treated and released. in the neighborhood this morning friends and family hinted they suspected thel elder man. >> to have somebody burn a child, a family -- just family, what is this world coming to? >> reporter: what it seems to be coming to right now is a manhunt for the 53-year-old father. police say they have other

details about what happened in the house yesterday but they're not revealing those details yet pending what they hope will be a trial. a suspect at large and police looking for him. we'll have more in an hour. fire crews are gaining ground on a wild fafirwildfire. flames have charred more than six square miles. no homes are threatened but firefighters are concerns there could be a major power loss. we were over san francisco's bay view district when officers arrested a man accused of carjacking. the man led them on a chase in a stolen pickup truck through the city. three people were taken into custody. a fourth person is still on the loose. police first got a 911 call of

an argument and then there was a foot chase and carjacking at union and taylor. the chase with the stolen vehicle ended at north ridge road. developing news from the south bay, two jail guards surrender to police this afternoon. the two guards are charged with beating an inmate in his cell last year. the inmate suffered a broken jaw. in an interview last november he told us he was repeatedly. the family of a morgan hill teenager will have to wait until late july until her accused killer goes to trial. we were in the courtroom today when the suspect waved his right for a speedy trial. his attorneys will file a change of venue motion. the 15-year-old was seen back in

march of 2013. her body has never been found. volunteers haven't given up and hope for justice. >> it's good to see there is progress being made and that a trial is forthcoming, but it's been a long four years and i cannot imagine their pain. >> prosecutors say dna was found in the car. legal experts say if a change of venue motion is approved, the case could see further delays. a toddler declared brain dead has been admitted to a new hospital. an attorney for the family of the 2-year-old said the boy suffered an asthma attack in april and went without oxygen. on friday an federal appeals court granted a request to keep the boy on life support. this case is similar to the legal battle of an oakland teen. trains are back to normal operations again after a man was

hit and killed near the oak grove avenue crossing at about 6:30 this morning. we were overhead as crews arrived on the scene. investigators say the man was trespassing on the train tracks. about 300 people were aboard the train and none were hurt. another person was hit and killed by an amtrak train this morning. no one on the train was hurt. bart service has resumed in san francisco after a person was hit by a train. firefighters were able to pull the victim from the tracks and say he is very lucky. >> it looked like about six trains actually cars on the train actually he was that far back. it's amazing that he just had a few scrapes on him when we pulled him out. >> the man was conscious and talking when he was taken to the hospital. we are still waiting for word on a possible punishment for the warriors teammate.

>> he could be suspended off find after he kicked another player in the groin. >> we have the latest on this. >> reporter: well, guys, i think we're all a little surprised a decision from the nba has not come down as of yet. they've had all day to look at the video. as a matter of fact why don't we show it to you again. this happened last night in game three. they were under the basket and it looked like both feet were on the ground and kind of kicked up his right foot and caught steven adams in the groin. last night he told us there was no real intent in this at all and this morning he reiterated that fact. >> i see how somebody can think it was intentional but yet nobody can go in my head and say he was thinking about kicking him and he kicked him. if you watch my reaction, i

walked back to the three-point line and looked like what the dude on the floor for. it is what it is. people are going to judge what they want to judge. i know i didn't do it on purpose. >> and that's where we stand and i think a lot of us are a little confused it hasn't come down as of yet. it's 7:00 on the east coast so we're still waiting for the decision. >> why is that decision taking so long and ultimately do we think that's a good thing for him. >> reporter: i got off the phone with the vice president of communications ray riter with the warriors. he says they have not heard and we both decided the longer it goes it could be good or bad. how many times can you look at this video and not decide if this was intent. if this was a bench warmer he might have already been suspended but because it's a star player do you want to take

them out of the loop in game four which might end up being a dreadful for the warriors. so it's going to be interesting to see and they would hope they would find out by now and today so we'll try to keep you posted on this situation. >> interesting situation. thank you. game four is tomorrow at 6:00 p.m. in oklahoma city. the series shifts back to the arena for game five thursday night. game six would be back on the thunder's home court on sunday night. the sharks home to bounce back tonight in game five in the series against the st. louis blues. there was a convincing 6-3 victory over the sharks saturday night. it now moves back to st. louis and the puck drops in about 45 minutes. . it's time to turn our attention to weather. not a bad day. >> nice out there.

spencer christian is outside with a look at the forecast. we have bright sunshine over much of the bay area but we're in sort of an unstable, unsettled pattern with pockets of clouds and showers. here's a live look. notice there is some active weather, some thunderstorm activity, lightening strikes just east of mount hamilton away from populated areas. these are isolated storms have been popping up from time to time but not in the immediate bay area. up to the north within our immediate bay area we have clouds with pockets of light sprinkles. this is a view over san francisco where it's 61 degrees. 69 at morgan hill. this is the view looking from the east bay hills camera, 72 in santa rosa, 73 fairfield.

forecast animation starting at 5:00 this afternoon through the evening and overnight hours we'll see pockets of showers sort of encircling the bay area so they could pop up any time through tomorrow afternoon wut we're looking at a dry pattern but unsettled. we'll have the complete forecast in a few minutes. buckle up when you're on the road, that's the advice of local police agencies that are taking part in the national click it or ticket campaign. beginning through today chp will be on the look yut for drivers and passengers not wearing seat belts. violators could face a fine. man one's effort to extend the voting deadline. and a fence isn't keeping tur roiss out of this park. why they're breaking the law to get this perfect shot.

a dance party minus the loud feet. we'll show you what this is about. taking a live look at our traffic on this monday at 4:10 this is the skyway in san francisco is. it's slow doing in both directions. that's traffic southbound and on the left-hand side

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hillary clinton addressed a major labor union today, one that she hopes will help carry her to the democratic nomination

and the white house. >> i am scared to tell you i join with you to do everything we can to make sure that the men and women of stiu who are providing care for our children, our elderly, people with disabilities, you all have a living wage. >> clinton addressed more than 3,000 members of the service employees international union at its convention today in detroit. they endorse in the clinton last november. her husband is campaigning today in stockdon. we'll hear from him coming up at 5:00. billions of women in this country to work for 79 cents an hour compared to what men make. women want the whole damn dollar and they're right. >> that's bernie sanders addressing the pay gap issue

today in east los angeles. sanders is on day two of a campaign swing. he'll be holding a rally tonight. donald trump today met with a senator who many speculate is being vetted as a possible running mate. following the meeting the tennessee senator says he has no knowledge whether he's been considered for a running mate or a cabinet position. he is currently the chairman of the senate committee on foreign relations. the. the latest washington post poll shows trump is making gains against clinton. in march she had a lead and he's now pulled ahead of her within the margin of error. today is the last day to register to vote and register for a specific political party. >> according to political data incorporated more than 1.5 million new people have registered to vote since january

1th. >> a new lawsuit could change the deadline for registration. >> reporter: the aim of the lawsuit is to push the deadline but it hasn't even been heard before a federal judge just yet. meanwhile that deadline approaches and here now there are special booths like this and deposit boxes where voters can come in and put their registrations in all the way up until tonight's deadline. >> every deadline causes a rush of activity. today some of that was at bernie sanders campaign headquarters here in oakland wm people are calling vote earrs to make sure they're registered correctly. >> this is huge for bernie sanders. we have a lot of his supporters who have registered for other parties such as green. there was a big confusion about the american independent party. >> reporter: with the democratic race still at full steam sanders and clinton have been spending plenty of time in california but

a strong showing here is essential for the sanders campaign. there are been gripes that the open primary system can be confusing. a lawsuit has been filed by sanders backers and members of the american independent party asking a federal judge to keep registrations going because of the confusion. >> people are going to the polls and they're unsure how to vote for president. that's a problem. >> reporter: there are three political parties that offer nonpreference voters a chance to vote. >> democratic, lib tarn and american independent are offering crossover voting. >> reporter: those voters have to request a ballot for one of those choices. they can participate in the contested democratic primary by registering as a democratic. voters can drop off the forms at a special post office box and they can register online at the california secretary of state's website. the deadline to exercise any of these options is tonight at

11:59 p.m. abc 7 news. >> you can stay on top of all the developments in the race for 2016 with the abc 7 news app. download it for free and enable push alert. a san francisco land mark is getting visitors that can't stay away. the square is closed for renovations but tourists have found their way in. >> reporter: how far would you go to snap that perfect san francisco vacation picture? would you climb through a fence? apparently many would. check out this video shot yesterday. first a couple of ladies walked through a gapping hole in the chain link fence and then three men walk out through the same hole presumably having gotten their shots. many visitors come because the iconic picture appears in the opening credits of the tv show

full house. >> ♪ everywhere you look ♪ somebody who needs you. >> reporter: tourists singing the theme song aren't the only one having a hard time with the closing. the park closed two weeks ago to begin a $4 million improvement project. it includes the removal of deceased trees, replacement of the irrigation system and a new wheelchair accessible rest room. the department told us the hole in the fence has been fixed and anyone entering the construction zone could be cited. >> thank you. let's take you outside to talk about the weather. it's lovely. >> yeah, it is. spencer christian is here. it's lovely and it's going to get lovelier as we approach

memorial day weekend. we have a few clouds scattered around the bay area. a lot of sunshine though. it's cooler than average and as you notice there are a couple of green spots indicating some pockets of moisture but no one is reporting measurable rain right now. this unsettled pattern will continue through tomorrow so there's a slight chance of isolated showers tonight and tomorrow and then we'll get much warmer days beginning friday continuing into and through the weekend. here is our forecast animation. that chance of isolated showers may produce some wet spots for the early morning commute. we will see some pockets of moisture around at that hour. low temperatures will be mainly in the low to mid 50s but cooler in the north bay valleys. let's resume the animation and notice by mid day most of the central part of the bay area will be dry but there could be isolated showers in lake county and casino county and maybe a

thunderstorm or two. high temperatures will range from the 60s at the coast and low 70s in the mildest inland locations but check out the warmup coming over the weekend. saturday inland highs in the upper 80s to 90s. we'll see 60s to 70s on the coast and a similar pattern on sunday and then on monday also a very warm day with highs in the upper 80s to about 90s in the warmest spots. 60s and 70s on the coast. a lovely memorial day weekend is coming our way. for the next two or three days temperatures will remain a little bit below average but we will see mainly dry conditions especially once we get through this unstable pattern that will continue through tomorrow. diminishing chance of rain on wednesday and thursday and virtually no chance of rain on thursday, friday and saturday.

>> thank you. you're clothes are off. put your clothes on. >> the bachelorette kicks off tonight. we have a be i am sir-can-a-lot, here to save you from another breakfast bore. wake up those eggs with glorious spam! see what spam can! do... at spam.com

the bachelorette is back. >> it's time for her to rule the roost. george has a preview. >> one word to describe the season. i won't say dramatic. i will say emotional. why is this happening? >> reporter: jo jo jumps back into a chance for true love. this time she's in the driver's seat. last season she was one of bachelor ben higins final two and she had her heart broken. >> i didn't know if i could find

love. i found it with it with somebody else more. >> i came in last season and i didn't know what to expect and you guys all saw what happened there. i met a really great guy, fell in love and it didn't work out for me so coming into it this time around i knew what i wanted, i knew what i was looking for and i knew it was possible to fall in love. ben is happy with lauren. lauren is a good friend of mine and she seems happy. i'm happy for them. >> reporter: her new role as the bachelorette has left her happy, hopeful and sleep deprived. >> i'm exhausted. it's definitely a roller coaster. there's a lot of sleepless nights not because we're so busy but because you have so much to think about and it's emotional and it's a lot but you always

hope it will be worth it in the end. i am happy with how it all played out and i wouldn't change one thing. >> we will see what she has in store. y you'll see the bachelorette tonight at 9:00 right here. >> the bachelorette starts at 9:00. you can find more than 1,000 emoji characters on your phone and 70 more coming out next month. tonight at 11 time michael finny looks at the engineers who get to decide which ones come out next as we get ready for a roll out of 70 new ones, that and how you can have a say tonight at 11:00. we do continue. president obama lifts a decade old ban for vietnam, we'll tell you what's changing. plus. >> it doesn't make sense. >> anger in baltimore after a

police officer is acquitted on all charges in the freddie gray death case.

from bank of america to buy a new gym bag. before earning 1% cash back everywhere, every time and 2% back at the grocery store. even before he got 3% back on gas. kenny used his bankamericard cash rewards credit card to join the wednesday night league. because he loves to play hoops. not jump through them.

that's the excitement of rewarding connections. apply online or at a bank of america near you. here are your headlines at 4: 4:30. we begin with breaking news. warriors all star will not be

suspended for this incident in last night's game. he received a foul in the blowout loss to oklahoma city. his leg connected with the groin of steven adams. he says it was an accident wt the warriors are down 2-1 in the series now. bill clinton is leading a hillary clinton rally today. there was this photo of crowds in place of his arrival. she says there are so many people that some can't get in. coming up 5:00 she will be live with bill clinton's message to voters. two jail deputies sur runded today. they are accused of beating an inmate. today we learn more about how a missing man was killed. his exgirlfriend is now in custody with what other men after a raid of her home saturday. abc 7 news reporter is live with

the investigation. >> reporter: today abc 7 news learning more about the relationship between keith green, the man who was murdered and his ex-girlfriend charged with his death, a relationship that turned ugly and that may have led to this tragedy. a once loving couple, keith and tif annie with their two young children. they were living in a mansion which her mother had bought. they had a bitter breakup. april 28th green went to the pancake house to meet lee. the day after his cell phone was found in golden gate park. may 11th his body was discovered. >> his body was not in good shape and being that it was outdoors we needed dental records to confirm his identity. >> reporter: we have learned green's body was found with a

single gunshot wound to the next. last friday this man was arrested at his apartment. early saturday morning a s.w.a.t. team converged on tifny's home, broke through the steel gates and arrested her and her boyfriend. >> i was concerned. i had a hunch what might have happened. >> reporter: this man was once green's lawyer in a case against lee, a case that had him worried about his safety. >> it all began with keith discovering that tifny had an affair with his friend, that he caught him. >> reporter: he represented green last fall when lee falsely accused him of stealing his car. she told police she was meeting green at a starbucks but prosecutors threw the case out when she showed them a text saying she had filed a false

stolen car police report. he gave this information to the da when he first learned green was missing. >> not guilty on all charges, that's the verdict today for a baltimore police officer charged in the death of freddie gray. a judge found the officer not guilty of misconduct and reckless endangerment. freddie died last april. none of the officers put a seat belt on gray. the judge said he wasn't responsible for buckling gray in. some residents were upset. >> we got five more cases. everybody needs to relax and get your popcorn and wait and see what happens in these other cases. >> it does not make sense. nobody has lost their life and not held accountable. >> no justice, no peace.

>> the officer is the second officer to have his case ruled on. an earlier trial for an officer ended in a hung jury in december. the mystery over what took down the egyptair plane has everybody wondered what happened on board. >> reporter: the u.s. navy flying day and night above the mediterranean sea, finding more wreckage believed to be from the airplane. while below this french son arrow chip searches for pings from the black boxes. >> we will announce when we get close to them or identify where they are. >> reporter: the data transmission system indicated smoke on board moments before the plane dropped from radar. investigators counting on the black boxes to determine if this was caused by a mechanical failure or a bomb. some experts caution even if the flight data recorders are found

those details could remain a mystery. >> there's a concern here if there was an electrical fire some of the data may have been cut off. >> reporter: loved ones of the of 66 people on board waiting for answers. honoring the lives lost as this man reflects on how close he came to being on that flight, changing his reservation just the day before. now calling himself the luckiest man in the world. meanwhile investigators tell abc 7 news that with poor visibility and rough seas and thousands much square miles to cover this search is difficult and they haven't been able to pinpoint exactly where the plane went down. abc news, paris. president obama today ended the half century old ban on selling weapons to vietnam. the president says ending the ban was part of a deeper defense

cooperation with vietnam and dismissed suggestions it was aimed at countering china's growing strength in the region. >> what became apparent to me given all the work we do together across the spectrum of economic, trade, security, humanitarian efforts that it was appropriate for us not to have a bla blanket across the board ban. >> still to come at 4:00. >> reporter: welcome home rose, welcome back. >> a big turnout of san francisco movers and shakers at sfo today to welcome back a political force of nature. i'm michael finny and ask finny is just ahead. i'm still taking your questions on twitter and facebook. post them with the #askfinny.

i'll answer your questions live later. despite the absence of big dark thunderstorm clouds there's still a chance of some isolated thunder around the bay area and i'll have the forecast coming up in a

here's come good news. bubble rocket napa is here to

stay for a while anyway. they have secured a ten year contract with the napa valley expositie expo. more than 100,000 people are expected to turn out. san bernardino native is apeeling his four game suspension. he filed his appeal today, the last day he could change the ruling. the three judge panel ruled brady must serve a four game suspension imposed by the league for the use of underinflated footballs but brady is going to continue to fight it. >> it's time to check on the weather again. this week is off to a cooler than average start as we approach the weekend things are going to warm up rather nicely. here's a look at the radar. we have unstable and active

weather circling the bay right now. a cluster of thunderstorm activity there and over the next 24 hours that unstable pattern will produce the continuing chance of an isolated thunderstorm or two here in the bay area. notice stayed wide tomorrow how uns unsegtsed the weather is and that includes the bay area. you may see some active shower activity tomorrow and maybe an isolated thunderstorm. highs tomorrow will range from 60s to the coast to low 70s inland. as we look at the week ahead. we'll use san jose. highs will remain below average but in the mid 80s for the weekend and into monday and that will be the pattern many areas will see as we approach the weekend. snb thank you spencer.

still ahead a potential effort brewing that could create a gmo giant. who is behind the $62 million bid. >> it's michael finney. open owner associations cracking down on brown lawns have been a problem during the drought. what are your rights as a homeowner. i'll have answers coming up next. in honor of asian-pacific heritage month we're using the instagram feed to recognize organizations making a difference where you live. this is the eighth anniversary to recognize when your type 2 diabetes numbers aren't moving in the right direction, it can be a burden. but what if you could wake up to lower blood sugar? imagine loving your numbers. discover once-daily invokana®.

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one of san francisco's most influential leaders is back home tonight after health issues sidelined her in china for several >> c >>. >> reporter: she's back. you might not know her but every

politician in san francisco does, that's why so many turned out to welcome her home. she's been a power broker in chinatown and city hall for decades. >> she has a tremendous network of friends and enemies so she's a player. she's a player. >> i don't care what people think. i just do what i need to do. >> reporter: she's a been a behind the scenes influence and took credit for lee's asengs ad then feuded with him. >> we agree 99% and when we do have our differences we respect each other. >> reporter: critics contend she has too much power even as she was receiving a kidney transplant in china. >> you can't criticize someone for stepping up and stepping in. >> reporter: she has used her clout to help rebuild the

chinese hospital and have a street named in her honor. known as foul mouthed she was mellow today but don't expect that to last. have you sworn off swearing. >> no. if necessary i'll do it. >> reporter: at sfo time for ask finney. our first one comes from lib bye who e-mailed where can i go to recycle plastic glass and cans. if we can't get our money back this is a tax. >> i've got great news for you. there's a california state law that says there has to be a recycling center within a half mile of supermarkets. it applies to other stores too but for sure supermarkets. so if you have one near you you can go online and find out where you can go and that way you won't be taxed that money. i'll post that information on our website so go to abc 7

news.com and i'll have that information there. >> mary e-mailed i continue to get violation letters from my hoa regarding brown or bare spots on my lawn. what are the laws for overly aggressive hoas. >> reporter: there is a law about your specific situation. if you allow your lawn to go brown or yellow during a drought back in the day they could hassle you about that and make you water and fine you. they're not allowed to do that anymore. last year we passed a law that said during a drought local or statewide they aren't allowed to fine you for such things. you aren't allowed to let weeds grow. you no longer have to have a lawn. most homeowners associations say you have to have green grass.

no. the law now says you can put in drought tolerant plants and that counts and you can't be find. >> danielle e-mailed what happens when a third-party extended warranty for autos goes out of business. >> reporter: you can't do much. you've heard me preach against these things. buy factory warranties only. these things come and go out of business so often i don't keep track of them anymore. i'm sure there's good ones out there but there's not much standing between you and your money and them and bankruptcy court so the bottom line is you can go to bankruptcy court and get pennies on the dollar. take this as a learning experience and from here on out buy factory warranties for your car. >> great advice. thanks. >> sure. another recall was announced today because of possible lister yeah contamination. there are six varieties of trail mix. no illnesses have been reported. the company is pulling the products out of caution after

recall on sunflower seeds which may be in the products. opioid prescriptions are decliningen declining. ened a company could become a gmo giant. >> reporter: the maker of the supplement was sued by the federal trade commission saying it didn't have the science to back up claims that it caused substantial weight loss. they have agreed to stop making those claims to settle the complaints. a potential deal is brewing and could create a gmo giant. bayer's bid is $62 million. it would bring the chemical company into the controversial gmo business. gmo's are thought by some to cause illnesses and people who eat them even though a scientific report concluded they were not a threat to health.

opposi opioid prescriptions have sky rocketed since 1996. the paper says the number of prescriptions peaked around 2012 and have declined every year since then. we continue. the bay area loves to party and usually that means a lot of noise but how quiet clubbing is catching on. the high tech headphones that could become your favorite party pal. and christian is here with a look at what's coming up. at atms a new type of malware is found and we're going where uber has not gone before and the warriors star giving a family the ride

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here is tonight's lineup. at 8:00 it's dancing with the stars and then the bachelorette. partiers are having their fun quietly. >> reporter: at clubs, at the beach, at a museum, anywhere you've got people ready to rock you might find silent disco. >> you wonder why they're moving and dancing but you put your head phones on and you're with them. >> reporter: all these people are wiring wireless headphones linked to the d.j.'s turn table. i tried it out in golden gate park. >> you want to listen to the live d.j.? >> reporter: sure. >> he's on blue. ready. ♪ >> reporter: the headphones

block all the outside sound so all you hear is clear music at a volume you control. >> it was amazing. you're dancing and it's like you're dapsing in your room. >> reporter: there are three chabls with different music on each one. you can tell which channel your friends are listening to by the color of the light and when you take the head phones off you can actually hear the people around you talk or sing. ♪ >> people can hear me singing, but i don't care. >> reporter: the concept is so popular there are now about a dozen companies offering some version of silent disco. one called hush has headquarters on treasure island. the guts of the operation are boxes full of thousands of heavy duty high tech headphones. you can rent them and throw your own silent disco party or try them out at a wide range of

public events like the ones in this company video. the head phone parties are taylored made for urban neighborhoods where residents want quiet and party goers want the music loud. this club in san francisco has silent parties that don't start until 10:00 at night but no one outside has to listen. >> this is a solution that appeals to everyone. >> reporter: another big plus is when you get to choose the song you hear almost no one sits out a dance. >> everyone can hear what they want. >> reporter: abc 7 news. >> i've experienced silent disco. it's cool and can be family friendly. coming up june 4th there's a big day time party at ocean beach with no alcohol. we have a link to that. thank you for joining us today.

abc 7 news at 5:00 begins now. so south bay deputies charged with abusing their badge. what they're accused of doing inside the jail. police say this man torched a house with his young son inside. >> it kind of scares me that somebody would do that. after waiting for hours the clinton faithful meet their man. it's hard to teal who is more excited. good evening. thanks for joining us. two sheriff deputies are in custody today arrested in the beating much a jail inmate last summer. the former prisoner had a connection to the beating death of another inmate. david is live at the county

jail. >> reporter: the two jail deputies who are facing assault charges today have been on paid administrative leave for several months. the sheriff's office has been busy investigating and interviewing lots of inmates including one as far as the mexican boarder. that's the 41-year-old correctional deputy and the 27-year-old deputy on the left. we were there as they were ordered to show up at the sheriff's ochs to prepare for booking at the main jail. they're each facing a felony charge on assault under the color of authority in the beating of a 49-year-old inmate. he suffered a broken jaw in the main jail last july. >> we interviewed over 24 inmates, witnesses and they traveled down to a prison on the california/mexico boarder and interviewed a witness and once we determined that we believed we had a case we brought that case over to the district attorney's office. >> reporter: garcia sat down to talk about his attack.

>> in reality it was about ten to 15 minutes. >> reporter: the next day he said in a civil suit that the deputy apologized but showed no remorse. >> i said look what you did to me. look at my face. he goes it is what it is, welcome to my dorm. >> reporter: the attack happened in the main jail one month before three deputies were charged with beating a man to deeth in his cell. garcia's attorney reacts to today's arrest. >> they're under the microscope so those problems you have with power and any institution like a sheriff's department are still going to come back but i think lessons will be learned. >> reporter: in san jose. the correctional deputy was back on the job today. the sheriff's department says the inmate punched the deputy several times in