roommates are other targets. >> rapists and child molesters where we keep people separate and in a protective status. >> turner was driven to a mountain view hotel where he disappeared. if he departed, no one saw him. a large rally formed across from the jail and supporters of the recall the judge campaign. turner's six month sentence and release after three months they believe indicated a bias against rape victims. >> it distrusts the people and the fairness and integrity of the process. there is no independence where there is bias. >> reporter: official had a receptive crowd as they called for the judge's removal. >> are you ready to give judge persky the release he deserves. is it time to release the judge. >> when we can't trust our judge to carry out justice in cases of sexual assault, then our justice system has failed. >> reporter: a student leader from stanford said that the brock turner sentencing will have a negative impact on future

sexual assaults. >> judge persky has chosen to silence survivors, discouraging them from ever coming forward. therefore, i urge you to support the recall of judge persky. >> reporter: the rally was supported by several women who went topless and their skin yearing message -- carrying messages of support. david louie, abc 7 news. >> and our first looks of photos of turner hours after the sexual assault and you could see how he looked after two good samaritans tackled him after he tried to run from the scene and bloodies neck and shirt also torn and the photos were shown to the jury during the trial. >> he was arrested in january of 2015 after sexual assaulting his victim and a jury found him guilty in march and on june the judge handed down the sentence sparking outrage and this morning he was released after

three months in the santa clara county jail. >> he is expected to move back to ohio and will have five days to register as a sex offender there. abc 7 news reporter amy hollyfield traveled to the family home in a dayton suburb back in june and today residents there hope he would not create too much of a distraction in their community. >> this is our community. we have to live here as well. we all have issues. obviously with the sentencing laws that he was sentenced under. go protest to your congressman and your courthouse and not the neighborhood we live in. >> under ohio law sex offenders are required to remain on the list for at least 15 years. turner's case was thrust into the national pspotlight whn he read an emotional letter in court, in part, we both have a choice. we could let this destroy us. and i could let this hurt or we

could face it head on. i accept the pain and you accept the punishment and we move on. we have the full statement posted on abc7news.com. a bill aimed to close a sexual assault loophole to impose jail for all sexual assault convictions and a three year minimum sentence. we are in the newsroom and lonnie, this bill passed unanimously. >> yes, it did, eric. and the majority of the legislature traditionally does not support legislation calling for minimum mandatory sentences but one lawmaker told me that the brock turner case presents an unusual set of circumstances. >> and i woke up to him punching me in the head and choking me. >> reporter: jacqueline peterson is haunted by being beat an and raped by her boyfriend years ago. >> he tied me to a bed. i was sexually assaulted for

nine hours. >> reporter: her ex is still serving a 13 year sentence in missouri. she now stands up for other rape victims. >> i would warn that mandatory minimums have a tendency to be handed out with extreme racial disparity. >> reporter: patterson supports a bill that would close a loophole when victims are sexually assaulted and she said a mandatory sentence of three years goes too far. we caught up with senator jerry hill who authored the legislation. >> was this a matter of catering to public outrage? >> i don't think so. because i think what most people didn't know, that this existed, that this loophole was in place. people didn't realize. >> reporter: hill said the governor himself has expressed

concerns about mandatory sentencing. but the bill aims to close an important gap in the justice system concerning sexual assault victims. in san francisco, lonnie rivera, abc 7 news. we sent a push alert out this morning as soon as he was released from jail and walked into a white suv and it is so simple to download the abc 7 news app and enable push alerts to ref breaking news on brock turner and all of the stories. tonight, actress gabriel union is speaking out on rape allegations against the director and co-star in which she played a rape victim. the op ed, she revealed she herself was raped at gunpoint 24 years ago and that is part of the reason she agreed to star in bunch of a nation. nate parker was acquitted in a 1999 rape case and maintains his innocence and his accuser killed herself four years ago. union said she can't take these allegations lightly. she believes the film is an

opportunity to inform and education. a 43-year-old antioch man is under arrest accused of drugging and raping two underage girls earlier this year. cory murphy raped a 16 and 14-year-old at the economy inn in early february on two accept r -- separate occasions. the two women that helped him are also in custody as well. a san francisco inmate accidentally released from jail called the jail but hasn't turned himself in. a court clerk's error results in his release. melanie woodrow is live outside of the jail where rodriguez has been told to turn himself in. melanie? >> reporter: no sign of rodriguez just yet tonight. he has about three months left to serve here and tonight there is a bench warrant for him. victor rodriguez walked out of

jail on wednesday night after being released by mistake. >> unfortunately, the court clerk made a mistake and entering that information so the information we received is that all charges had been dismissed. and accordingly, we released him. >> reporter: the sheriff office said he was already serving time in connection with a robbery and battery and resist ago re-- res arrest saying. >> that he had a ak-47 and he would shoot deputies if he was pulled over in his car. >> reporter: in department 23 rodriguez's attorney said the judge dismissed one case and modified rodriguezs a probation on another. leaving him with approximately three months left to serve. >> the court clerk did not accurately record what the judge said. >> reporter: the sheriff's office said the jail released rodriguez around 10:00 on wednesday night between 7:00 and 8:00 the next morning someone noticed the mistake. >> it was a very alert deputy

who understood that mr. rodriguez was due in court to be sentenced and then realized he had been released and wanted to know why. >> reporter: the sheriff's office said rodriguez called the jail last night. >> i do not know specifically who answered the phone but it was a deputy sheriff. who told him, you need to turn yourself in. >> reporter: while law enforcement is continuing to look for rodriguez, the sheriff's office said they are hopeful he will turn himself in. they say, if you see him, call 911. in san francisco, melanie woodrow, abc 7 news. sonoma county sheriff's deputies are dealing with their second inmate escape in the past two days. department said molina and another inmate ran off while serving on a work crew near windsor. deputies captured the mothother within minutes but molina got away. he is not considered to be a risk to the public.

this man is also on the loose. enrique rodriguez faurrieta was serving time for a drug charge and set to be released next april and both inmates have tied to santa rosa. a parachute organization said 140 tandem drug instructors at the lodi parachute instructor center must be retrained. they amade the announcement yesterday, a month after a teenager and his instructor died in a tandem jump there. the u.s. p.a. found the center instructors weren't certified for applied for certification using forged signatures. 49ers quarterback colin kaepernick has promised to go beyond his national anthem statement by donating to communities affected by racial injustice. in last night's preseason game, he heard the boos while kneeling in protest, he decided to kneel instead the sit to keep his

message focused on injustice and after the game he said he will donate the first $1 million he makes this season to help communities. bay area groups believe he could do a lot of good. >> it could be helpful in addressing affordable housing. we need more housing here in the bay area. it could also be addressed, like i said, with spending more dollars on mental health services. >> yesterday he and his girlfriend made the first donation, $60,000 worth of backpacks for kids in har llem d the bronx. >> still ahead on abc 7 news at 5:00 -- >> residents in an east bay were rattled after an unexpected fireworks show. after 28 years, a north bay music festival has suddenly been canceled. why organizers say they can't put on the show this year. and later, nine days after a devastating earthquake, rescuers hear a dog's bark from the

rubble into but first -- oh, dear. you heard me. an unexpected swimmer interrupted a southern cal

marking the grand oepening avenue new mall caught some residents off guard. it happened after 9:00 at broadway plaza where laura anthony is live. and laura, this was part of mid-week shock for residents there? >> reporter: yeah, that is right, eric. this was in a press release put out by the mall a couple of weeks ago but some people did not get the word. they were surprised by this fireworks show here last night. perhaps in part because this is the city that hasn't had such a display in many years. it was certainly a rare sight in the skies above walnut creek, a

full-blown fireworks show launched from the top of two buildings at the broadway plaza. in the middle of downtown. an explosive finale to a larger party and concert to celebrate the newly remodels mall's grand opening. >> did you know about the fireworks last night. >> i did not. >> peggy lives just above broadway plaza. >> was it alarming. >> i immediately identified it as fireworks so i thought maybe -- silly me, had something to do with 49ers and san diego game. >> but others were alarmed. at least on social media sites like twitter. devon told us he knew about the fireworks ahead of time but his father in law didn't. >> yeah, he called us up worried that walnut creek was under attack or something. >> reporter: the plaza did not return our calls for comment and nor did the city of walnut creek or the police department. the contra costa fire marshal told us the fireworks were

planned and the law doesn't require any prior notice to residents. and while some dogs were bothered by the noise, peggy hairington told us her dog jake slept through the whole thing. in walnut creek, laura anthony, abc 7 news. after 29 years of fundraising for northern california nonprofits, the fall festival in sonoma has canceled. the group has raised millions of dollars for charity over the years. but didn't want to put the causes at risk by staging the sparsely attended festival this year. it was set for october 7th through the 9th. and john fogerty and the steve miller band among others were set to perform. san francisco hopes to pass a soda tax. they were at city hall as the mayor launched parallel campaigns against sugary drinks.

measure c and hh would tax soda distributors by a penny an ounce and blamed it for a spike in diabetes. >> it could absolutely make a difference in people's choices and we know that this will help people become more much aware and make healthy choices. >> the american beverage association is spending millions to fight both measures claiming taxes are arbitrary and aggressive and targeting some and not others and hurting low income houses the most. the berkeley sugar drink tax cut sales by 21% in low income neighborhoods. a true san francisco treat celebrates 143 years of service. the cable car, called a trolley, had the first run on clay street in 1873. a london born inventor andrew smith halladay based the cable car system on early mining

cdñl+p'ce and then dominated the city transit for more than 30 years. the icon imsymbol has survived the great quake of 1906 and political attempts to remove them in the 1940s and '50s. fall is just around the corner and so is the romance for tarantulas. they mate in september and october and they crawl out looking for an egg-legged love interest. and some are known to scurry up to four miles to meet the special spider and mt. diablo is loaded with the dark brown creatures and they urge you to watch your step during the mating season. >> watch your step. don't want to get near them. >> me either. surfers saw something wild at the beach in orange county this week, a deer swimming in the water. >> greg lee has more from dana point. >> mike was shooting video of his son trying out for the dana hills high school surf team when he spotted an animal. >> that is a deer. >> as he got on to his third

wave, he came face-to-face with a deer. >> i knew it was a deer and with giant antlers and it looked right in my face and i tripped out because i didn't know what a deer was doing in the water. >> it became swimming out into the ocean. and the group on the beach watching in complete shock. >> i've seen many aseal and a dolphin and whale from afar but to see a deer at the beach, it was mind-boggling. >> reporter: as the deer swam half a mile from shore, the surf coach tim sampson began to worry the animal would drown. >> we realized he is not swimming back and he wasn't swimming parallel to the beach, he was going out. >> he jumped on a student's long board and paddled for 15 minutes before catching up to the deer and after easing inspace, he began to paddle it back toward shore. >> i talked to my dog, good boy,

keep swimming, good job, good job. >> it is free -- yeah! >> reporter: and the video shows the deer prancing to dry land but it ran right back into the water. that is where harbor patrol used a hose to finally convince it to end its morning swim. the chance encounter leaving the surf team with plenty of nicknames for their coach. >> they started calling me buck wild and bucky. >> a captain with orange county lifeguard said sometimes the deer are spotted on the beach but can't remember a time when one actually got in the water f. dana point, greg lee, abc 7 news. wild pictures. good evening, everyone. take a look at live doppler 7 hd. seeing some high clouds passing through the bay area and fog near the coast. your holiday weekend is here and if you are making plans, here is your hour-by-hour forecast for this evening. mostly sunny and you are looking at temperatures at low 60 toss mid-70s so pretty mild. 8:00 tonight as the sun starts

to set, high clouds passing through. and breezy and cooler at 10:00 p.m. where you might need the extra layer and at midnight patchy fog with mid 50 tos to l 60s. back east, we're keeping an eye on tropical storm hermine and tornado watch boxes up. the biggest threat is the storm surge and the flooding rain potential kinnicontinuing for t holiday weekend. and along the carolina coast and continuing northeast-ward veering northward. if you have travel plans, they could be impacted. if you are heading to hawaii, we have hurricane watches for the islands and high surf warnings as lester is inching in that direction. and a category two storm. but notice what is going to happen. it will stay well north of the hawaii island chain. the biggest threat is the big swells coming through later on tonight and into the weekend and the potential for some heavy rain across some of the island chains there. so in case you have family or friends there and you are wondering, what is it going to be like, it is not a direct hit.

live look from the san jose camera. you could see a few high clouds just passing through the bay area. 63 in san francisco. 69 in oakland. mid-70s in mountain view and san jose, 61 in half moon bay. tomorrow we're going in the other direction which is cooler. and if you are heading to tahoe, beautiful view. tomorrow it is partly cloudy and gusty and even stronger winds on sunday but sunny if you are traveling there. 86 in santa rosa. napa 75. fairfield 87 so warm now and livermore 81 degrees. and a live look from the east bay camera and the clouds filtering the sun and tonight's sunset will be spectacular and if you get a chance download our abc 7 news app and check out our tower cameras and above average temperatures turning warm on labor day and hot wfrm returning next week. tomorrow morning starts out with temperatures in the low to upper 50s and patchy fog and high clouds and then for saturday afternoon if looks nice.

75 in san jose, 77 in gilroy. in santa cruz, 64 degrees, taking the kids to the beach, just nice and mild. on the peninsula, 69 in redwood city. 73 losality os. and breezy along the coastline. a great die to fly a kite. downtown. 65 and 60 in daly city and mild in the north bay, 81 in santa rosa. 75 vallejo. east bay, 68 in oakland. and inland areas mild conditions. 78 degrees in concord. 77 in livermore. 82 in antioch. a look at the labor day weekend. breezy and cool tomorrow. temperatures in the low 80s. below average on sunday but the warmth returns on monday for any out door activities. accuweather seven-day forecast, will feature a cooler breeze tomorrow. temperatures remain below normal. for saturday, sunday, low to mid-80s. upper 50s to low 60s coastside. labor day warmth returns and up to the upper 80s monday and low to mid 90 the tuesday through

friday. coastside, nice and mild in the 60s. so no matter what your outdoor actives, it is great this weekend. >> i think you just told us to fly a kite. >> it is going to be windy. go fly a kite. >> it is fun. >> sandhya patel, thank you. a week's worth of workouts for free. michael finney has that and more next in finney's friday free stuff. then at 5:30 on world news. >> coming up, the path of destruction and the tropical storm threat along the coast. plus the fbi investigation into hillary clinton e-mails, and what she told agents and how her health came up. and the danger at the school bus stop and the time of day your child needs to be most alert. and new at 6:00, meet the bay area couple saving history. one

it is friday and seven on your side michael finney is here to kick off your long weekend. >> what do you have for us. >> we'll feed you first. barbecue tonight. >> we like food. >> they need to be cooked. foster farms, these things are absolutely fabulous. we've had people talking about these. so we've given away a similar product before so now you could try it for yourself. the new saute ready chicken and you will receive a voucher for one free bag. they cost $10 but why would you pay when you could get it for free. it combines vegetable and pasta and rice and it takes ten minutes to prepare it yourself and coming in four different flavors. which one do we have there. >> asian style marinade and there is pepper. and that is number one. now after you've eaten you are probably ready for a workout and we have you covered there, too. let me show you video. this is the second item, curves for women.

at curves, one of the largest chains and fitness centers out there. they are going to help you create lean muscle and raise your metabolism, i can't even say it, much less raise it and they have a coach on duty. that is what makes it totally cool at curves. it is $112 value because you get one week with coaching. >> that is fantastic. how do we get all of these things michael. >> i'm glad you asked. you give us a call at any time, 800-kgo-7177 or go to our website as well. abc7news.com. >> i'll put these in a safe place. >> the freezer for now. >> still ahead on abc 7 news at 5:00, a miracle in italy this friday night. nine days after a devastating earthquake rescuers stumble upon

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. coming up on abc 7 news at 6:00 -- >> if you don't do something

about it, you're going to have taco trucks on every corner, there is outrage offer a controversial immigration comment from a trump supporters who how is the campaign responding. and an off-duty officer who risked his life to stop a armed robe. and meet the man that when you absolutely positively need something done, call seven on your side. >> that is coming up in half an hour at 6:00. finally tonight, an amazing discovery amid the rubble, nine days after that 6 it the 2 magnitude quake devastated italy. >> this golden retriever named romeo was pulled from a pile of broken concrete after hearing him bank. >> firefighters were at the quake-damaged home with his owners at the time helping them retrieve essentials. little did they know they would retrieve the retriever. romeo is happy to be free once again. what a cutie. >> world news tonight is next.

i'm ama daetz. >> and i'm eric thomas for sandhya and michael, and for tonight, we're following the path of destruction. hermine now on the move, hitting florida as a deadly hurricane. winds up to 80 miles an hour. homes badly damaged. hundreds of thousands now without power. millions bracing for a possible labor day washout. and tonight, watches and warnings up and down the east coast. our team in the storm zone. secret notes. inside the fbi's investigation into hillary clinton's e-mails. what she told agents, and how many times the phrase "do not recall" came up. out of jail. the case that triggered national outrage. former college athlete brock turner, pushing through the cameras. the new deadline he now faces. school bus dangers. drivers ignoring those flashing red lights at the bus stop. children, hit hard by oncoming cars.