said he walked away and then walked back. that is where this video picks up. could you see a heated verbal argument. at first the man pulls the women back and that is when mueller said one last sentence turning away again. >> to get his girlfriend out of my face. >> when he did, the man punched the back of his head. >> i'm still in shock about it. at what point does it become okay to attack someone for taking a photo. >> reporter: a shoe shine man whose hip was broken spoke to abc 7 news from his hospital bed. >> it could have been worse. >> as police responded to the cab accident, other people were responding to the fight. one of the women continued kicking mueller, even as he pinned the man to the ground. as mueller called for help, the person taking this video went downstairs. >> and i hear someone say, i have a video and i said, oh, my god, thank you. >> reporter: muleir took this picture of the three people cuffed. san francisco police say they were cited for misdemeanor battery and released. mueller has scrapes on his arm and he said he has already had

the prescription sunglasses he was wearing fixed. >> i think it is funny that someone took a video that helps me and the whole root of the problem stems from someone taking video or a photo of something that happened. >> reporter: in san francisco, melanie woodrow, abc 7 news. and san francisco police have arrest aid man in connection with a stabbing at civic center b.a.r.t. station this week. officers took the 22-year-old roger ortiz into custody this morning. police say on wednesday night he got into a fight at the station platform and then stabbed another man before running away. authorities used b.a.r.t. platform surveillance footage to identify the suspect. the victim is in critical condition. in the meantime, b.a.r.t. said phone thefts are on the rise. more than a dozen cell phones have been stolen from riders over the past two weeks. at stations in san francisco and in oakland. b.a.r.t. said many thieves are taking the phones right out of riders hands and running oust door on the platform. it is good idea to put tracking technology on your phone and

secure it while on the train. >> new devastation diehl tails about the death -- details about the death of a six week old baby girl. she died at the hands of her father. we have new information about alleged previous abuse as zabbala makes his first appearance at the superior court with the latest. >> reporter: the baby was taken off of life support today because there was no brain activity. abc 7 news has learned that while all of this focus is now on the father who is now accused of her murder, the focus now is on the fact that the baby milla has left behind a gift for another child, her kidneys will be donated for trans plant. a public defender and court bailiff hid the man from our camera but we caught a glimpse of him through a door window. he now faces murder charges for the death of his six week old daughter named milla. >> we'll do everything we can to

hold him accountable and get some sense of justice for the baby. >> reporter: her short life was spent in a apartment where he admitted to detectives he was sometimes with the baby. she had nine broken ribs and a fractured level arm and multiple tract urz. they believe she died from a fractured school. he forcibly grabbed her out of a car seat last sunday bashing her head into the carry handle. the car seat also fell to the floor. six years ago he was arrested at this sunnyvale apartment complex and charged with the abuse of an older child, a 4-year-old girl. he was outfitted with an electronic monitor for seven months but neighbors say his two older children would stay with him at the boston avenue apartment. >> i don't know if it is a break down in the system. i think a lot of people are charged with child abuse and then still continue to have minor children in the home. >> reporter: that also bothers a neighbor who doesn't want to be identified. >> they had the oldest children living with them and i'm

actually kind of upset that that is the case. if he had a prior, he shouldn't have had the kids living with them. >> reporter: in san jose, david louie, abc 7 news. a man in san francisco is accused of having more than 600 files contained child pornography on his phone and tablet. investigator investigators arrested nels jenson and they found pictures of children as young as 4 years old. they also found meth at his house. he was arrested for distributing child pornography. a federal appeals court ruled that jaycee dugard could not hold parole officials liable for failing to keep track of her abductor. she was held captive in antioch by philip garrido for 18 years.

today's ruling does seven years to the day since she was rescued. she received a $20 million settlement from the state and had sued the federal government for similar compensation. people who live in an east san jose neighborhood are stunned after a second person was found dead just yards away from their homes. it happened late last night near herald and banita. no suspects have been identified. chris nguyen has the story. >> reporter: in east san jose under the highway 10 interchange to 280, where some of the homeless reside, a quiet foofr. but when the sun goes down, many say it is a different story. >> after 6:00, i don't walk out of my house. i stay in the house. >> reporter: this is the scene last night after san jose police responded to a report of a dead body. police say the male victim had visible injuries and pronounced dead at the scene. neighbors are scared to live here. >> i told them and the lady, i

don't know what they are doing over here. >> reporter: two weeks ago another man was also found dead in the same area. it was said he died from blunt force trauma. >> there is cars coming and they look like -- they look suspicious to me because they stop here for three to five minutes and then they go. so why are they coming here. >> reporter: and another resident said he was shaken to hear about the latest murder in his neighborhood. >> it is close to where i live. it is pretty scary because growing up, you would never worry about anything like this. >> reporter: this is san jose 34th homicide of 2016, a nearly 60% jump compared to the same time last year. chris eugene, abc 7 news. police are looking for the driver who hit a pedestrian in west oakland at san pablo and 34th street around 9:30 at night. the man was walking in a crosswalk when a black sedan hit him. the driver left the area without checking on the man's condition.

the pedestrian is in critical condition right now. we were in san francisco chinatown where a car hit a muni bus shelter. the 30 stockton street bus line runned 24 hours a day. this happened around 5:00 this morning. look at that. luckily nobody was injured. a judge today ruled that california strict new vaccine law will stay in effect. 17 families are suing to block the law, it requires all school children to get vaccinated and takes away religious and personal belief exemptions as reasons to opt out. they are seeking an in junction while the case works through courts. and smoke could effect people in santa clara county. the 91,000 acres wildfire near big sur is 60% contained and the smoke impact will be minor. the bay area will not exceed a federal health standards for air pollution. and a wildfire in mt. shasta has created a phenomenon known

as an ash devil. it looks like a tornado. the ash devil was caught on camera yesterday as it began pulling in burnt ashes and debris from the so-called grade fire. the 700 acre fire is burning in yreka off highway 263. it shows a map showing how close the smoke from the fire is to the freeway. it is 65% contained. well stay here --. the frustration over a fatal police shooting, tonight the new push to bring justice after a man was shot six times in the back in san francisco. also how twitter's new plan to combat online harassment. and getting from here to there faster. the revolution breaking ground today. and a castle comes back to live in berkberkeley. the cool upgrade for students at cal. and under the every day, 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.

a protest over a fatal police shooting is about to get underway in san francisco. this is a live picture from the mission district where perez lopez was shot to death 18 months ago. abc 7 news i-team dan noise spoke with the locals calling for the state attorney general to take over the investigation. >> reporter: 21-year-old lopez came to san francisco to support five younger siblings and hi mother back in guatemala. >> always took his money and sent it back home. and he was really looking forward to having his own bedroom here. >> reporter: neighbor and attorney tells the i-team he spoke with witnesses who saw what happened the night of february 26, 2015. according to those witnesses, he said a group with a men including one with a bike were teasing him because he was being evicted. perez lopez grabbed a kitchen

knife from the home and chased the men away and two plain clothes officers approached. one grabbed him from behind. his english wasn't very good so he may not have known they were co cops. >> wiggled away and started running because he didn't know who the people were. and he was shot. >> but it was a different story from then police chief greg sir. days after the shooting, he said perez lopez tried to robe the bicyclist and tried to attack officers who responded. >> the suspect, the deceased, lunged at the officer with the knife overhead. he fired five shots. the original initiating officer fired one. >> while the witnesses say, just the opposite, that he was trying to get away. and he was shot in the back. >> reporter: san francisco public defender points to this independent autopsy that shows six shots hit him from behind and the official report from the medical examiner's office said the same thing.

they tell the i-team if there were ever a case in cl to file charges against an officer, this is the one but he doubts charges will come. >> i've never seen an officer charged in a citizen shooting. >> reporter: a federal civil rights lawsuit has been filed on behalf of his family in guatemala but this priest richard smith is urging the district attorney to file criminal charges against the officers. >> the community deserves to have our day in court as do the officers who did the shooting. bring this case to court, let a jury decide. >> reporter: smith is organizing the march, he's led over protests in the past. smith and other community leaders are sending a letter to the attorney general asking her to take over the investigation. >> the police shooting where there is a death is a homicide investigation. it is important that we do it right. >> reporter: district attorney gas con told me a charging decision will come soon and one of the main witnesses took a year to come forward.

>> that also led me to decide to hire some experts. so we have done that. and some of the experts still haven't rendered their final report. >> reporter: for the i-team, dan noyes, abc 7 news. you may soon be able to block offensive tweets on twitter before ever seeing them. the san francisco based company may grant users a key word filter allowing them to automatically block words they find offensive. right now users could block people they don't want to see, but that usually happens after an offensive tweet. twitter has not confirmed the report but said it soon plans to unveil substantial updates about the plans to combat harassment. >> facebook has that filtering and it is nice. and facebook has reportedly fired the entire editorial staff on the trending team as it cuts back the human role in the section of the website. the trending team will be staffed entirely by engineers. today the giant announced

curators will no longer write short descriptions on the site. an algorithm will pull excerpts instead and it was said they were suppressing conservative fews and the company conducted an investigation and found no bias. the u.k. information commissioner wants more details about global messaging service what's app to share user data like phone numbers and signon locations with facebook. elizabeth denham said she wants to make sure the companies are being transparent about how users personal data is being shared. consumers are protected and the law is being followed. driving along the oakland international boulevard will be complicated in the coming months. because construction is beginning on the long-awaiting bus rapid transit lanes. when i was reporting on traffic issues 15 years ago they were talking about that. >> i remember that. >> we were on internet boulevard as the mayor and anthony foxx

finally broke ground on a project. one traffic lane in each direction will be converted into a bus-only lane. oakland has set aside $5 million for businesses that may be impacted by the construction. >> we're providing business assistance and strengthening anti-displacement policies to help keep our families and small businesses here. >> the brt lane will stretch from downtown oakland for 9.5 miles to san leandro. 500 parking spaces will be taken away and left turns will be banned. one of san francisco's more dangerous intersections will soon be better protected. ninth and division street in the south market area will become the city's first protected intersection. our partners at hoodline say the new intersection will install concrete islands at two corners so turns are slower and crosswalks will be raised to slow down cars. a bike lane decided to separate bicyclists and pedestrians is also in the works. a space x dragon capsule

returned to earth today with scientistics gifts from the international space station. >> it is loaded with 3000 pounds of research and equipment, including 12 mice, that flew up on the dragon as part of a genetic study, space x is the only space station capable of returning analysis back to earth and that is why it is important to nasa. they tweeted this photo of the dragon capsule this morning and confirmed a successful splash-down. >> and berkeley is reopening after a $45 million renovation. 183 new undergraduates will move into bowles hall starting tomorrow. building that opened in 1929 is the nation's first residential college. students will live there for all four years and be joined by professors and graduate students, among the old and new traditions for residents, a weekly sitdown dinner and a ball and volunteer work.

berkeley chancellor hope this is will be the first step to residential college housing for all students. and a big splash tonight for a city in contra costa county. popular indoor water park great wolf lodge is considering opening up in brentwood. this is video provided by the company. while no formal negotiations have started, both parties are discussing the opportunity. there are 13 great wolf lodges throughout the country, including one in southern californ california. the mayor said he is excited about the water parks' potential impact in the community. let's take a look at live doppler 7 hd and did you notice some areas were up and some were down. temperatures basically cooler than average everywhere. live doppler 7 hd showing you part of the reason, marine layer is deep, 2,000 feet deep and is sitting near the coast. a good on shore wind out of the southwest at 31 at fairfield and

30 at napa and contributing to the cooler than normal pattern. as we head into tomorrow and sunday, a south wind is going to start to bring in the smoke from the soberanes fire in monterey county and while south bay and east bay will have good air quality, south central bay and others will deal with moderate air quality. if you have respiratory issues or do smell smoke, stay inside and limit outdoor actives. it is santa clara county. you could see how overcast. 65 in san francisco, 72 in oakland. morgan hill in the 60s. live look from the emeryville camera. more of this into the weekend. 67 in santa rosa. 70 in napa. low to mid-70s nor novato and fairfield. mild weather, livermore 77 degrees. believe it or not, the warmest places like livermore and vaca ville only in the low to mid-80s today. this is abeautiful shot or what from the mt. temple camera, the

clouds rolling in in the next 24 to 48 hours you could expect gray and drizzly. sunny bay and inland with below average temperatures through next week. tomorrow morning when you get going, if you are an early riser, weekend plans, it is going to be a bit drizzly and temperatures in the mid to upper 50s so quite comfortable under cloudy skies. and as you look at the hour-by-hour forecast, while you are sleeping at 3:00 a.m., if you are not out and about, a little drizzly at times. clouds at 7:00 a.m. widespread and the extensive cloudiness continues right down the peninsula as we head into 10:00 a.m., still looking at lingering clouds around the bay and along the coastline. inland areas seeing the sun by 4:00 p.m. even some parts of the coast will enjoy the sun. so here are your highs for saturday. in the south bay looking at 81 in gilroy. 77 san jose, 74 sunny sale. on the peninsula. 73 in redwood city. pacific 69. 61 in half moon bay. daly city, cloudy and 59 degrees. cool and 65 downtown san

francisco. north bay, mid-70s. napa petaluma and santa rosa, 73 in san rafael and east bay is mild and 74 fremont. head inland and the temperature on the mild side. -- now take a look at labor day forecast. something i want to put out there. it is one computer model. hinting at rain on saturday. believe it or not. now it will change again. just want to give you a heads up. i look at the accuweather seven-day forecast, low 60s to mid-80s for your saturday. so believe it or not, temperatures are coming up a few degrees, especially on sunday. low 20i6 60ing -- low 60 toss mid-80s. minor warming. when the several systems come through on tuesday through friday, we're looking at upper 70s to the low 80s for a warmest inland valleys, upper 50s to low 60s coastside. so kristen and dan we may be tracking rain early, as early as next saturday. >> bring it on.

>> it is still a while away but something to think about it. >> thank you. yosemite helps obama become the first virtual reality president. we'll explain next. and then on world news with david muir. >> the airport chase and the man who drives across the tarmac crashing into a passenger jet. the homeowner who calls police after an armed robe and they need help and the police showed up and the homeowner shot by mistake and we're tracking a tropical system grow closer right here an abc 7 news. and we have evidence that suspicions about a teacher recently arrested for having an inappropriate relationship with a student surfaced months ago and what is worse the police and the school district knew about

two powerful bay area women visited two bay area high schools today to educate and

empower young ladies on equal rights. congress designated artist 26 as women's equality day to commemorate the passage of the 19th amendment which in 1920 gave women the right to vote. jackie spear along with 95-year-old world war ii defense worker stressed the importance of equal pay for equal work. >> rosie the riveter did get paid exactly what men were getting paid in the richmond shipyard. so we were doing it in world war ii, we could certainly recognize that it has been done before in this country and it is about time we do it again. >> we did the work. and some say we were better at it than the men. >> congresswoman spear introduced the pink tax repeal act last month and would end gender based discrimination in the places of bills and services. a bill prohibiting the breeding of captive orcas in california is waiting for the

governor's approval tonight. sea world featured the 2013 documentary black fish announced in march they would stop breeding orcas. the legislation that passed today would prevent theme parks from starting breeding programs in the future. president obama has created the largest marine protected area. his proclamation today would quadruple the size of a national mon you oomt near the hawaiian island created by george w. bush in 2006. the department of land and natural resources shows some of the area under the water. the monument will now cover more than 582,000 square miles, that is more than twice the size of texas. the designation bans commercial fishing and new mining to protect more than 7,000 species. you could now get a glimpse of president's vision to yosemite in virtual reality. the first family traveled there back in june to celebrate the 100 anniversary of the national

park system. pete souza shared this photo of the president checking out his trip wearing a vr headset. this weekend, you could visit any national park for free because of the centennial celebration. we have many here in the bay area. >> we are going to the dogs. up next, the first interactive art exhibition just for canines. >> that is right. th

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. coming up at 6:00, changes could be coming to a san francisco landmark. what part of the iconic golden gate bridge may get the ax. because of technology. and it has been almost 50 years since the beetles final concert at candlestick. next, the new memories made on monday. and a camp for 25 years has been giving kids with life-altering illnesses a chance to just be kids. that and much more coming up at 6:00. dan and kristen. >> see you then. well finally tonight, we

want to pay homage to national dog day. >> and a lot of people are taking part. look at the pictures behind us. so cute, right. and let's tell us what is happening in london. >> there is now an art exhibition just for dogs. no joke here, the art is at dog's eye level. >> they are addicted. it is interactive as well. dogs could experience an open window in a car, walk through a sprinkler like that one and jump into a dog bowl full of balls. >> that is fun. they seem to have thought of everything and the dogs are having a great time. viewers are also getting into the act. vicki and jake and darrell sent us these pictures of their wonderful pets. look at that. >> it is too much cuteness. you could share your photos on instagram by using the #abc 7 now. >> those are three good-looking dogs a moment ago. >> can't wait to see your pictures. world news tonight is david muir is coming up next. >> i'm kristen zse. >> and i'm dan ashley. all of us here, we appreciate your time and we'll see you at 6:00. >> bye.

tonight, several breaking stories as we come on. an abc news exclusive. the young american daughter kidnapped by isis. her parents making a direct plea to isis themselves. tonight, right here, what they say the president promised. and now, the white house responding. also tonight, the airport security scare. a man driving a truck right into a jet, terrified passengers onboard. a community in shock. two nuns murdered. and now, the urgent manhunt at this hour. shot by mistake. the armed robbery. the homeowner, the husband who calls police. he and his wife need help. police arrive, and the homeowner is shot by mistake. and, the tropical threat. we're tracking the system right now. getting closer to the u.s. ginger zee is right here.