live, where you live, this is abc 7 news. >> now, at 11:00, the brock turner fall-out. the judge who sentenced the former stanford swimmer to just six months in jail for sexual assault is stepping away from criminal cases. >> some are saying this decision is still not enough. we are live at the superior courthouse with the developing story. lisa? >> reporter: the judge heard cases, including the brock turner case, here in department 89 behind me, now he is going to be only assigned civil cases. the judge asked to be moved out of santa clara county's criminal division and only preside only

civil cases, it's a rare but allowable move. it was said that the judge believes the change will aid the public and the court by reducing the distractions that threaten to interfere with his ability to effectively discharge his current criminal assignment, another judge asked for a transfer to palo alto. >> we are concerned, it's not a permanent decision, it's a temporary transfer. >> reporter: they are trying recall judge persky, it happened after he sentenced turner six months in jail for sexually assaulting a woman. they are accusing the judge of being biased and questioning the decision making no matter the court. >> women come to civil court

ought the time. we don't want judge persky presiding over the cases. >> reporter: they hope to take the recall effort to voters in 2017. >> now, tonight's developments with judge persky are a year and a half in the making, turner was arrested in january 2015. a jury found him guilty more than a year later. on june 2nd, the decision was handed down, sparking nationwide outrage and today, as we told you, persky was reassigned to civil court. yesterday, a group of activists renewed efforts to get the judge fired all together. they turned in petitions demanding the judge removed from the bench. more than a million people signed an online petition. >> on the heels of the prok

turner case a bill is now awaiting governor brown's signature that would allow sexual assault victims to say they were raped even if the attack does not meet the technical definition. well, we first told you about the judge's reassignment tonight with a push alert from abc 7 news and app, download the app for free. moving now to breaking news in san jose, police are investigating a suspicious death, officers found a dead body beneath a freeway where u.s. 101 meets i-280 and i-680, it's the second time a body has been found in this area. a disturbing case of child abuse. a six week old baby girl is in critical condition, and her father, is in santa clara county

jail on felony child abuse and domestic child abuse charges. after a 9-1-1 call, the child was rushed to the hospital. back in 2010, he pleaded no contest to the same charges to a biological daughter when she was four months old, tonight, mountain view police are fearing there's more victims after a man hid a camera in a bathroom to peep in on them. they found images of a toddler on the camera. >> should not be renting out rooms in your home to people, that is your private space. >> police say the victim did not realize it was her renter until the new cyber crime unit connect the dots.

we have new details on surveillance the police want you to see tonight. it shows taxi passengers attacking the driver. they say it was unprovoked. we are live in san francisco tonight to explain what happened. >> the police say the cab driver is shaken up after the attack earlier this month. police say the four passengers hail toded the taxi on market st and the rest is caught on tape. the four passengers picked up at 4:00 a.m. on market street. they reached their destination and the to men and two women tell the driver they need to go inside to get cash to pay him. when they return, the driver is suddenly zapped in the neck with a stun gun, he jumped to the passenger street and the other person punches him from the other side, the driver is robbed of his wallet and forced to run

from the cab and run for his life. >> it's an attack on a cab driver, just trying make a living. >> these pictures show another view of the passengers from the back seat. >> you see an assault like that, it's unacceptable. >> we took a ride with a driver. >> the cab drivers have that threat, and they assume it will work out. >> they believe the driver attacks have been declining since licensed taxis have been equipped with the security cameras from front to back. a sticker outside warns people they are on camera. >> one of the survivors of this crash in san francisco is speaking publically, a cab wiped out a stand when it barrelled over the curb at market and sutter streets. the man runs the stand since 2003, he is recovering at san francisco general after

tuesday's impact shattered his hip. >> i feel blessed that nothing really bad happened to me. i thank my god for that. he had to be doing 60 or 70 miles an hour. >> his assistant is in critical condition, police are trying to find out if the cab driver suffered a medical emergency or if the cab had mechanical problems. >> there's a new case of cyber espionage and if you have an iphone, you are the target. we have the alert that the company has to be for customers. >> the cybersecurity researchers are calling it the most sophisticated mobile attack they have seen. all it takes is a click on a link sent through text or social media and the malware will hijack your phone, from there on, your phone is compromised, every call, every piece of data on the phone is sent to someone who uses this software to track

your location, turn on your microphone, turn on your camera, steel all of your passwords, you name it. >> this is the vice president of security research, that focuses on mobile security. he said that the company is selling hacking software to governments. >> we believe it's being used on spy on people that governments want to spy on. >> they were able to show vulnerabilities within apple's system. an urgent alert was issued, there's now a software update that should patch the holes in security. everyone should be concerned about this, because in this society that we live in, we, everyone is on their phone and everything is on our phone. >> murray suspects the hackers are after high value targets and urges all users to install the update immediately. >> tonight, there's growing frustration over the fatal police shooting of a immigrant

by bay area police. they have been digging in the case and dan joining us live. >> the shooting happened in san francisco and the autopsy raises questions about why then police chief said that deadly force was used. still ahead, the new steps activists plan on taking tomorrow in honor of the man killed. also, ahead, trapped in a burning suv and fighting for his live. the amazing rescue caught on camera. >> and later in sports, oh, so close, the giants flirt with a no-no in los angeles. and we are so close to the weekend, we will let you kno

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.

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tomorrow, a march is planned in san francisco's mission district to mark 18 months since police shot and killed a guatamalan immigrant, they are angry that there's not been a decision to charge the two officers involved. >> from conversations the organizers tell the i-team they have little hope that charges will be filed. even though an autopsy concluded that the man was shot from behind. the da's office has never been charged in an officer involved shooting. 21-year-old carpenter lopez worked to support his family. >> he was looking forward to having his own bedroom here. >> he tells the i-team that he spoke with witnesses who saw what happened the night of

february 26th, 2015. according to the witnesses a group of men, including one with a bike were teasing him because he was being evicted, he grabbed a kitchen knife from the home and chased the men away and two plain clothed officers arrived, his english was not good, so he may not have known they were copped. he wiggled away and started to run, he did not know who the people were. and he was shot. >> but it was a different story from the then police chief, day afrs the shooting, he said that perez tried to rob the bicyclist. >> he lunged at the officer, he fired five shots. and the officer fired one. >> the witnesses say the opposite that he was trying get away and he was shot in the back. >> the public defender points to

this independent autopsy shows six shots hit him from behind and the medical examiner said the same thing. if there was a case to file against an officer it's this, but he doubts that it will come. >> i have been here for three decades and i have never seen an officer charged in a citizen shooting. >> a federal civil rights lawsuit has been filed. but the mission district priest is urging the district attorney to file criminal charges against the officers. >> the criminal deserves to have the day in court as do the officers who did the shooting, bring it to court. let them decide. >> smith and other community leaders are also sending a letter to the toernl general asking her to take over the investigation. >> the police shooting where there's a death is a homicide

investigation. you know, it's important that we do it right. >> late day, a charging decision will be coming soon and that one of the main witnesses took a year to come forward. >> that also led me to decide to hire experts, so we have done that, and some of the experts have not rendered their final report. >> i was told that when he decides, he will make it public and he will forward the investigative report to the attorney general for review, we will keep track of what is happening in the case. >> thanks, dan. >> well, incredible body camera video tonight out of georgia shows a man trapped in a wrecked burning car. the officer tried to free him, and put out of the fire with an extinguisher, but it was too much for him. he was able to bend the door frame though and pull the man out. seconds later the car exploded. the driver of the car slammed in to a tree, he was killed. police say the passenger would

have died in the flaming wreck as well if it were not for the bravery of the officer. >> no doubt bit, bent the door frame. so much adrenalin. >> yeah. >> and on to the forecast as we get closer to the weekend. >> we are expecting the heat to stay away from the bay area. so if you liked today's weather, you will love the rest of the week and in to next week as well. you will see why, we are going to remain below normal for a while, the marine layer is deep, it has pushed well in to the north and east bay and in to the peninsula as well. roof camera giving you the view of the morning commute, it will start out gray. 59, and low 60s, oakland, mountain view, and san jose. 58 in santa rosa, and san ra ferafael at 60. and eastern span of the bay bridge is visible along with san

francisco and that will change a bit towards morning. cloudy with damp spots in the morning. a mild summer day tomorrow, with below average temperatures thu next week. here is a look at the next seven days and you will notice the average high is 87. tomorrow and livermore, you will be below normal like today, you get closes on sunday, and remaining below normal, heading in to next week. and in case you are wondering why, people are saying, is it la nina? no, we are expecting a system to pass through on tuesday, that will deepen the marine layer and another one comes through on thursday and once again, the temperatures will fall below normal. on friday, this is what gets sort of exciting, rain not in the pacific northwest, but also in the northwestern portion of california, we will keep an eye on it in case its makes its way in to the area. we will find drizzles, temperatures in the low to upper 50s. and we will show you what to expect tomorrow morning. 5:00 a.m. overcast conditions,

widespread across the bay area. and we will be near the bay as well. by 4:00 a.m., seeing the sun. cloudy for your friday afternoon. here are your highs. 84, that is the warmest, 82 in livermore, 62 in san francisco. and you have to get outside of the bay area to get up to 89. 75 in santa rosa. and 69 in san ma tateo, the gia take on the braves tomorrow and the sun goes down at 7:45, 60, and temperature will drop to 58. it will be a bit breezy. if you are looking ahead to the weekend. starting out overcast at saturday morning, afternoon sun, temperatures below normal. low 60s to mid 80s. sunday, slightly higher reading and it starts off a lot like

saturday. cloudy start giving way to sun. low 60s to mid 80s, we will duplicate that saturday. bump up the temperatures, they go down tuesday, we bottom out 80. >> and drop it to 70. we will get cooler.

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all right, you are looking at how an east bay firefighter improvised to save a kitten from a pipe. they used a shop-vac to suction the kitten to safety. they provided the video, another kitten was freed minutes later. both are doing fine in an animal

shelter. very smart. >> larry is off, she was here. >> what a night for the giants. facing the dodgers, moore on the hill looking for a win in a san francisco uniform, he not only did it, but he took a ♪

hey, is this our turn? honey...our turn? yeah, we go left right here. (woman vo) great adventures are still out there. we'll find them in our subaru outback. (avo) love. it's what makes a subaru, a subaru. get zero percent on select subaru models during the subaru a lot to love event, now through august thirty-first. narrator: it wasn't that long ago. years of devastating cutbacks to our schools. 30,000 teachers laid off. class sizes increased. art and music programs cut. we can't ever go back. ryan ruelas: so vote yes on proposition 55. reagan duncan: prop 55 prevents 4 billion in new cuts to our schools. letty muñoz-gonzalez: simply by maintaining the current tax rate on the wealthiest californians. ryan ruelas: no new education cuts, and no new taxes. reagan duncan: vote yes on 55. sarah morgan: to help our children thrive.

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help in the second inning, adrian gonzalez, thinks he has a double. look at denard span. what a catch. that will make your pitcher happy. moore was part of the trade deadline. struck out seven. finally got run support in the fourth. brandon belt, opposite field base hit. crawford will hustle around third and beat the throw home. and they will take a 1-0 lead. next batter, joe panik, bottom 8, moore has not allowed a hit, has three. trying to break the no-hitter. he flies out to center field, moore, 118 pitches. and bruce bochy asked if he can finish, moore said he can. two outs on the ninth. 1-1 count. cory seager. on cory seager bobblehead night, a blue single, one out away, and 4-0 the final, now, two back of

the dodgers in the national league west. >> yeah, i'm just thankful to be a part of the club and, you know, happy i was able to pitch well enough to get a win. we are heading home, we are, you know, hopefully this can get us going. >> looks like we are going finally see colin kaepernick on the field against the packers. he has been dealing with fatigue in his throwing shoulder, trying compete with blaine gabbert on opening day. head coach chip kelly was asked if cap has the ability to earn the starting job. >> if we are going to use hypotheticals, let's just say we won the super bowl. so, it's over, so we don't -- and we did it without a quarterback in the hypothetical world that i live n wouldn't it be cool? but it doesn't work that way. so, i would hope that based on what he has done so far, he is available. if he is available. he will play.

>> could not get closer to a

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. and abc 7 news continues on online, twitter, facebook and all of your mobile devices. >> check it out when you can, our next news cast is at 4:30 tomorrow morning. >> for all of us here, thank you for joining us, right now, jimmy kimmel live. enjoy. see you tomorrow.

>> dicky: from hollywood it's "jimmy kimmel live"! tonight, natalie portman, usher raymond iv kerry washington this week in unnecessary censorship and music from jidenna. and now here's jimmy kimmel! >> thanks for watching. thanks for supporting me in my time o