fight with a bartender and he bit off his finger. >> the restaurant and karaoke was closed today as it always is on monday. no one from the restaurant could talk about what happened. police have not revealed the victim's identity. but they have been looking at this video for a month hoping for a lead on the suspect and getting nowhere. >> well, i honestly couldn't believe it. >> officer carlos showed us two video clips including a second in which the suspect removes his shirt and wrestles with a friend and identification of other person would help the investigation. >> all we need is one name for one lead and then that could open up a whole new door and we could make an arrest. >> as for the bartender -- >> he was able to take the finger with him to the hospital. they tried to put it back on, but they weren't able to save the finger. so unfortunately, this bartender now has a prosthetic finger to replace that.

>> it is a sad story with no ending, at least not yet. >> reporter: in san francisco, wayne freedman, abc 7 news. and then here is another strange story. a san francisco cab driver had his eye gouged during a dispute with a passenger. near silver and mission street before 3:00 this morning. police say the passenger first punched the driver because of the route he took. the driver then tried to drag his passenger from the cab. police believe that is when the passenger gouged the driver's eye with his thumb. officers captured the suspect. a san jose neighborhood is shaken today following the unsolved murders of two brothers. family members say the victims were michael and arturo ramirez. they were killed in a drive-by shooting last night. you still see evidence today of the shooting near south eighth and martha street. a car with a windshield shattered by bullets and other vehicles riddled with bullet holes. it appears the men were targeted and the gunman fired from a

white truck followed by a black suv. san jose police are considering reassigning dekes back out on to the -- detectives back out on to the street to deal with a rising crime rate. >> and the police union is asking to declare a state of emergency. >> vic lee is live at city hall with this developing story. it is a real dilemma zplr. >> reporter: as we speak, the police union and the city officials are meeting here at city hall to talk about the shift changes. among the things they are talking about, the possibility that the city council may declare a state of emergency to implement those changes. now this is the letter that they are referring to. the letter they are discussing. a letter that was sent by the city manager to the police union last week, detailing the staff shortages and the ways they could fill the big gap but the changes could create other problems as well. >> it is an absolute emergency now based on the numbers we

have. >> reporter: and the numbers, the police union said it is getting from the city, to adequately staff the patrol division is 500 full time officers. this is in a department that only has 813 street-ready cops. the mayor. >> we have gone from bad to worse in terms of staffing. we know now that we are in a severe shortage. >> reporter: this letter from the city manager office to the p.o.a. obtained by abc 7 news said it is necessary to redeploy 47 police officers from other units back to patrol. the president paul kelly described it another way. >> there is 340 ten-hour shifts that need to be filled in a week at san jose police department, you know you have a major problem. >> reporter: and he said the only way to do that is to declare a state of emergency. because the urgent rebidding of shifts may violate contrab -- contractual agreements. >> the troops need to know what days they will work and right

now everything is unknown. >> reporter: the most likely to be deployed back to streets are those from the detectives and special ops divisions and that poses another problem. >> you won't have investigators that are there to continue investigations, follow up on leads, and you will be cutting special operations units. so as far as crime and combatting crime, that will be cut down as well. >> time is running out. the new shift changes have to start next month. vic lee, abc 7 news. a major thoroughfare in redwood city is closed after a car crash. sky 7 shows a smashed in car among two damaged trees. it lost control near the shores in egret lane. it is closed during the response and the investigation. the police have not said how many people were injured. a person who is recovering this evening after being shot with a bb gun in san jose. this map shows you where it happened along south 5th street between martha and keys street.

san jose police believe someone fired the pellet from a window just after 9:00 this morning so officers have not released any description of a possible suspect. davie sit police need your help to find the man you see in this picture posted on facebook. officers suspect him of scrawling graffiti on a utility box with a red marker. it happened around noon on friday. detectives say a woman was walking with him. northbound along mission street after the utility box was vandalized. >> petaluma police are asking for your help tonight at identifying two men suspects of robbing a man at gunpoint. as he used a wells fargo atm. this is the camera capture of one of the suspects. officers say the victim was withdrawing money around 5:30 in the morning on august 11th when the men described as in their 20s stole his cash and took off. now to look at the scary video shot by an abc 7 news viewer, showing two cars doing donuts in the middle of the san francisco street.

the video was shot early this morning from an apartment overlooking the corner of first and folsom streets. six cars were involved, spinning in the intersection and four others blocking the street. police are investigating. >> parents at the california school for the deaf in fremont are concerned because they are starting the school year with a temporary superintendent. and sergio quintana is live and did the parents call for the removal of the former superintendent? >> reporter: dan, they did. and the state education department agreed to do that, which has created a whole new set of issues that parents are actually discussing right now on campus. about a dozen parents marched through the campus at noon to call attention to their continuing concerns at the california school for the deaf in fremont. they say they've been raising concerns about the superintendent sean vernig for months.

a coalition of parents and staff say his leadership has been lacking and important programs have suffered in his five-year tenure. >> he just simply didn't listen to us. he had no vision or plan. he would ask us, we would say, we want your five-year plan and he couldn't even provide us with a five-year plan. >> on friday, the state superintendent of schools tom torlickson met with a gym full of parents and staff and saturday he decided to send the man to sacramento and assigned a interim superintendent for the start of the school year. the parents i spoke with today said a permanent fix needs to be found fast. >> they decided to put the doctor on a remedial plan and we disagree with that because he want him to be out. we want to get a new superintendent who will listen. if the staff is not happy, they don't have a great leader, that is a concern for me as a parent. >> reporter: parents think vernig was a nice guy and appreciate he is the first deaf person to head the school in the history. he is even a celebrate ad alumn

but his leadership was said not to be working. abc 7 news. a big victory for california teachers unions. today the california supreme court let stand a ruling that preserves traditional teacher job protections such as tenure and seniority based layoffs. the justices 4-3 not to review a appealed court ruling that said they are constitutional and reasonable and the ruling overturned the 2014 verdict in the original lawsuit filed by students matter, that is a silicon valley based nonprofit. the federal government is now suing berkeley over local efforts to stop developers from buying the city's main post office. this followed the berkeley city council enacting new zoning rules two years ago. federal officials objected and set a may deadline for the city to change the policies. they claim that local laws lower the property value and the city attorney had no comment on the suit. activists have been camped out

at the post office protesting plans to sell it. california supreme court is putting the brakes on a modern gold rush. today the high court upheld a ban on the use of suction drudges to extract gold from california rivers. environmentalists say drudging kills fish and stirs up toxic mercury. mining companies have renewed interest in looking for gold spurred by the drought which has left river beds more accessible to prospectors. and still to come here at 5:00, battling flames while fighting for higher wages. reports for more pay take center stage at the state capitol. and on the streets, a sick coyote needs help but first it needs to be trapped. >> wells fargo fined for cheating student borrowers. refunds may be on the way for thousands itio thousand. >> and can a local college help solve this mutany. >> and the tree setting records >> and the tree setting records as a witness to honey, is the internet back yet?

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right now highway 1 in marin county is closed as rescuers try to get to a dump truck that crashed down an embankment. sky 7 shows one person being airlifted out of the ravine. >> the truck reportedly went about 250 feet down. one person got out on their own. two other people had to be extracted. that is what you are watching here. for now, highway 1 from stinson beach to mere beach is closed. and the iconic hurst castle remains closed as firefighters continue to guard the landmark estate from the so-called chimney fire. abc 7 news viewer sebastian dean sent pictures of the large plume of smoke from this weekend. the fire started on august 13th and now 32,000 acres and still only 35% contained. hundreds of homeowners there have been evacuated. and meantime officials are

lifting all evacuation orders for residents affected by the blue cut fire, in san bernardino is now 89% contained and 82,000 people were under evacuation orders and the fire destroyed at le least 105 homes and the damage could have been much worse and they credit early deployment of firefighters for limiting the damage. firefighters are close to containing the clayton fire in lake county. it is now 95% contained and has burned just under 4,000 acres. that hire has destroyed 300 homes and businesses and other structures in lower lake since it started eight days ago. the man accused of starting the fire is expected back in court to enter a plea on september 7th. after spending weeks fighting the california fires, firefighters are battling something else. the amount of money that they make doing the job. hundreds gathered at the state capitol today to protest their pay. and abc 7 news reporter david

louie is live at a cal fire, fire station, in san jose to explain what is going on. >> reporter: cal fire's 6,000 members are busy starting to get into contract negotiations and this being fire season, high fire season, i might add, they are using that leverage in the state capitol to get lawmakers to understand the dilemma they are facing with pay. a large group held a rally on the states of the capitol in sacramento to outline the pay grievance. they claim according to an independent salary survey they get paid only a fraction of what their counterparts get paid around them. and as wild land fires, this puts them shoulder to shoulder with other agencies but cal fire has v to work a 72 hour workweek to get paid the same as others who work 50 to 60 hours a week. that is creating a morale problem they say as well as a retention issue. we hear from two of the cal fire

employees. >> i'm actively trying to leave the working conditions that are so bad, why would i stay. >> i'm seeing moral at an all-time low and we have people running out the door to other agencies. it is hard to demand and expect employees to give 110% every single day when you are forcing them on duty and they go 30 days a time without seeing their family and you want to pay them minimum wage. who would want to show up to that job? >> reporter: the director of the cal fire santa clara unit chapter tells me during major fire, cal fire firefighters could end up working a month to six weeks without a break which creates a hardship on families and a physical toll. this, despite guidelines that say they get a break after two weeks at a major incident. now the members of firefighters local 2881 say they are getting support from other state units and other fire fighting units around the state. a spokesperson for the department of general services

said they have to balance the budget needs of the state and that of 21 distinct targeting agencies or bargaining units that also are clamoring for more money. live in san jose, david louie, abc 7 news. authorities in danville are on the lookout for a sick coyotes. this is a picture of the animal suffering from mange and they want to treat the coyote and they were not able to catch it so they will try it again this week. it has been spotted around danville near 680 and sycamore valley road and the animal is not considered a threat to dogs or people. soaka the sea otter is back at the aquarium after stranded along the coast when she was just a week old. look at the whiskers. here a live picture of the exhibit. things haven't been easy since

her initial release from the aquarium she has been back in twice including treatment after ashark attack. this is a live picture. here is video from a few minutes ago. now they say she is un releasable following her latest battle. they hope she will become a surrogate mother to pups rescued just like she was. >> it looks like it is doing well. that is the important thing. costco customers are getting mixed messages. >> and a major bank is paying a major penalty. >> michael finney here now with today's consumer news. >> a lot going on today. wells fargo is paying up to settle government claims that it charged student loan borrowers illegal late fees. the consumer protection bureau said wells has agreed to pay $3.6 million in penalties for the illegal fees they charged between 2010 and 2013. the bank must also set aside $410,000 to refund customers who paid those fees.

when signing just about any lease agreement there is a arbitration clause saying you can't go to court to settle a dice pute. there is a move to put away these financial services contract. public citizen said the federal trade commission should also ban forced arbitration clauses in solar leases. public citizen calls ripoff claused are hidden in the fine print and the business groups say removing arbitration will increase costs and do not actually help consumers. more issues tonight with a change over in credit cards at costco. business insider is reporting that some members received e-mails saying their new visa city costco credit card accounts were being closed. the business insider reported that some members say the information included with the e-mail and the credit card information of a different member. it was not theirs. well, apparently the notes were

supposed to go out only to those whose memberships had lapsed. visa said no one's personal information was compromised. if you received an e-mail and have questions, contract your credit card company or costco or if you need help clearing this up, contact us. >> you'll jump on it. >> thanks, michael. >> sure. now your accuweather forecast with sandhya patel. >> hi, there, everyone. and take a look at live doppler 7 hd and take a look at what is happening outside. fog in the coastline pushing ore the bay. in the sierra nevada active weather and seeing strong thunderstorms developing just north of the tahoe area. right now there have been reports of hail accompanying some of the thunderstorms. indicated here in purple. we've also seen some rain, which is a good thing. a live look from the lake tahoe camera showing you the rain coming down. you don't want to have the lightning strikes without the rain as fire danger is high around this time of the year. your temperatures, san francisco 69. oakland in the mid-60s.

69 mountain view. san jose 71, morgan hill 77 degrees. and our cool spot, half moon bay 59 degrees. from our east bay hills camera, the marine layer is deep. about 1500 feet deep and it is going to advance so we are going to stay in this kind of pattern for a few days. it is going to remain cooler than average. 73 in santa rosa. 74 in napa. petaluma getting the breeze at 6264 degrees. 80 in concord and 77 in livermore. and our exploratorium camera from pier 15 showing you a mixed bag. blue skies and low cloud but a nice day. a look at overnight skies with patchy morning drizzle tomorrow and below average temperatures and a cooler pattern for friday through the weekend. so if it is not cool enough for you, just hang in there. this weekend you will see those temperatures drop some more. now tomorrow morning when you start off your day, temperatures will begin in the 50s, with some spotty drizzle. so do watch out. there are some slick roadways. your hour-by-hour forecast tomorrow morning at 5:00 a.m. if you commute early, notice the

coverage of the low clouds and fog. 5:00 a.m. into the east bay, into the north bay and down the peninsula. so pretty much everyone starting out with this overcast conditions at 5:00 a.m. and at 7:00 a.m., as you are getting your kids ready and taking them off to school around 8:00, do expect the low visibility in pockets for that time period. at 4:00 p.m., the sun is out around our bayside and inland community but not along the coast so we keep you on the cloudy side and the cool side along the coastline. 82 in gilroy. morgan hill, 78 san jose and 73 in milpitas, 74 and on the peninsula 70 in san mateo and a nice day if you like the clouds. upper 50s to low 60s along the coastline. downtown san francisco, 63 and cloudy in daly city with 58 degrees and in the north bay, mid-70s from napa to santa rosa. 70 in vallejo. a nice day in the east bay, mild an 74 castro valley and 74 fremont. inland spots, you notice the

warmest rotation is antioch and brentwood, mid to upper 80s. 85 in livermore. 83 in concord. 82 walnut creek. a look at the temperature trend for san jose. average high is 83. you will hover below average. mid to upper 70s for the next seven days. and speaking of your accuweather seven-day forecast, upper 50s to mid-80s tomorrow. a little bit milder on wednesday inland. and then you go right back down again with the drizzle showing up again low 60s to mid-80s on thursday and friday the weekend will feature 82. dan and kristen, for the warmest inland valleys and up 50ers at the beach. it is nice, especially in the middle of summer where we are dealing with fire danger. >> and it feels like back-to-school weather. >> we did it perfectly for the kids. >> nice job. thank you. >> thank you. cell phones that put themselves together. it is not an app but it is close. that is next. and making the decision whether to fly or maybe drive on that trip. tonight at 6:00, 7 on your side michael finney on the exact

distance that makes one option more cost effective than the other.

scientists have discovered the oldest known living tree in europe. in the hills of northern greece it is believed to be more than 1075 years old. it has seen the cruisades and even the end of the dark ages. this image is from stock home university. most trees have been chopped down for fire wood or construction. that is pretty cool. dna tests from 200-year-old pigtails could be the first physical evidence to some of the most famous troublemakers in naval history. >> scientists at king's college london hope tests will link the ten pigtails to seven of the mute an ears on the hms bounty whose story is the subject of many films. >> the hair was found in a 19th

century tobacco tin. the captain was the target of a mutany by his crew in the south pacific back in 1789. the self assembly lab has created a do it yourself cell phone. it is experimenting with materials to self-construct. they took cell phone components and placed them in a tumbler and used magnets to make the parts connect. isn't that bizarre. this low cost method could have a major impact on manufacturing. >> can our newscast put themselves together. unfortunately no. first she learned sign language and now mastering the guitar. >> coming up next, the rocker and the gorilla in

ally a hug. this toy is a reminder that someone cares. these are a chance to be part of a team. and this is the chance to succeed. female announcer: with your support, everyone at sleep train proudly dedicates their time, hearts, and resources to giving local foster children one important thing: - hope... - hope... hope... not everyone can be a foster parent... ...but anyone can help a foster child. ♪ sleep train ♪ your ticket to a better night's sleep ♪ the oil companies pollute our air. putting their... ...profits ahead of our kids' health. now they're trying to weaken california's clean air laws. i'm tom steyer. we've had a million kids get asthma. we need to send the oil companies a message. tell your legislator to stand up to the oil companies and protect our clean air laws. don't let the oil companies put their profits... ...ahead of our kids.

america thought our pancakes but we knew we could do better. so we did. we made denny's new pancakes 50% fluffier with fresh buttermilk and hint of vanilla. if you disagree, the cakes are free. that's the denny's love'em or they're free guarantee. i'm ama daetz, coming up on abc 7 news at 6:00, it is the first day of school in oakland. tonight the new state law that kept some students from being allowed to attend class. it is all about proof. also, it is back to the future. find out what is taking place

right now at san francisco pier that hasn't happened in the city in years. and there are amazing kids. the teenage leaders honored for taking on society's biggest problems, coming up in half an hour on abc 7 news at 6:00. >> see you then. red hot chili peppers guitarist flea took part in a jam session this weekend in woodside. >> this is the greatest thing to ever happen. >> he is enjoying his band mate, cocoa the gorilla. he posted pienctures of his new friend. and cocoa is learning sign language. she knows over a thousand signs and 2,000 words in english. >> and the gorilla foundation hinted at future collaborations between the two. >> that is fun. and finally, this is fun and special for us, too, thank you for joining us today in our brand-new studio.

>> what do you think? nice? our previous new set has found a new home at san francisco state university. many of our own abc 7 employees are alumni and we know the set will be put to great use in their beca department, the department of broadcast and electronic communication arts. >> and as for our new set, here is a time lapse of the construction. >> isn't that cool. we are happy with you and we hope you are. >> it is the work of hard-working people and gives you many ways to bring you the

news. i'm kristen zse. >> and i'm dan ashley for all of us here, we appreciate your tonight, several developing stories as we come on. donald trump, suddenly putting his big speech on hold. is he about to change course on immigration? and any plans for a deportation force for 11 million? and hillary clinton tonight, thousands of e-mails under the microscope. the deadly police shooting under investigation at this hour. >> a young, unarmed father who was deaf, pulled over. was he trying to use sign language when shots were fired? the new wildfire in the west. out of control right now. and the tornado now confirmed in the east. the stunning image tonight. the child suicide bomber stopped. our chief foreign correspondent on the father who sent his boy. and the million-dollar mistake. ryan lochte's sponsorships take a dive tonight. the major names now revealed,