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live, where you live, this is abc 7 news. now, at 11:00, behind closed doors, with the threat of a police boycott, top officials came together to hammer out a plan before the niners take the field for "monday night football." thanks for joining us. the santa clara police officers association said last week its officers may not work niners games in response to colin kaepernick's protest of the national anthem. but tonight, all sides say they are now on the same page. katie is live at police headquarters in santa clara with the story. >> reporter: the police chief, the police officer's union and the chapter of the naacp got together to talk about working together monday night and beyond. the only person that wasn't

here, according to the president of the naacp was colin kaepernick. >> he is the rosa parks of this era. he has started a conversation across this nation that cannot be denied. >> reporter: the president of the silicon valley naacp has got a shirt. >> i'm a nobody trying to tell somebody how we can all get along. >> reporter: he is the one that called the meeting with the police chief and the police officers association. he was glad to learn that officers will continue to volunteer for shifts at levi's stadium. >> what i have been told and what i see in the conversations, the officers will show up just like they have done for the last two years and provide a high level of service. >> reporter: kaepernick has been refusing to stand for the anthem. a police officer's union responded by saying officers may choose not to provide service to

49ers games. the police association writes, we will encourage and support our officers to work at 49er games. the police chief said there was never going to be a boycott. >> a lot of it is politically motivated, which i cannot play. i'm here to serve the people of our city. >> reporter: the naacp plans to send a letter to kaepernick. the 49ers pledged $1 million to two bay area organizations, hoping to bridge the gap and order social inequities. the community foundation and the san francisco foundation. abc 7 news was at the foundation office tonight and poke to the ceo about the generous act. >> we're pleased they decided to step into this body of work at this critical time. and we look forward to working with them to make sure the investments are meaningful and impactful. >> in a statement today, jed

york said, we have chosen to work with these organizations because they have proven track records in affecting change. and we have the collective reach to make the greatest impact. tonight, in the nfl's opening game, brandon marshall kneeled during the national anthem, in solidarity with colin kaepernick. he's the latest player who didn't stand to protest social injustice against african-americans and other minorities in the u.s. the 49ers play their first regular season game monday here on abc 7. our live average of espn's "monday night football" begins 7:00 p.m. monday here on abc 7. a new details in the arrest of bruce miller. he was formally charged with seven felonies, including assault with a deadly weapon, batly and threats. saturday morning, miller got into a fight with a 70-year-old

man and his son. the 49ers released him later that day. san jose police have released surveillance video of a person of interest in the murder of a popular professor this summer. this surveillance video is from july 28th, where someone shot and killed david moglin. he lived in san jose with his wife and young daughters. he taught economics at foothill college in los altos hills. an aftermath of a high-speed chase that involved a stolen cadillac. this happened in pittsburg this afternoon. the cadillac went westbound in the eastbound lanes. the chase ended near railroad avenue. the two people inside the car tried carjacking others on the freeway before they were arrested. tomorrow afternoon, the alameda county d.a. will hold a news conference to talk about charges in a sex scandal that

has rocked several police departments. in oakland, the mayor has fired four police officers and suspended seven others. upper-level officers are involved along with supervisors who knew about the misconduct but didn't report it. all are believed to be involved with a 19-year-old self-described prostitute who sits in a florida jail. some leaders question what's happening with her now. >> fundamentally, i have a lot of worries about how this is being handled. and mostly, with why the young woman at the heart of this case, who has been so abused, was shipped out of state and is now sitting in jail. >> also today, a livermore police officer who was under investigation in the scandal resigned. tonight, san francisco-based wells fargo is accused of deceiving its own customers. as we explain live from the newsroom, this centers around phony bank accounts. lisa? >> wells fargo employees are accused of secretly opening

accounts and credit cards in existing customers names. some moved money without consent. the motive, to reach sales goals and in turn, get bonuses. wells fargo is on the hook for a $185 million payout. that's what is owed after bank employees opened unauthorized bank accounts and credit cards in existing customers' names. >> this is a major victory for consumers. consumers have to be able to trust their bank. consumers should never be taken advantage of by their bank. >> in a statement, the bank said, quote, at wells fargo, when we make mistakes, we're open about it. we take responsibility and we take action. but jo-ellan posner questions that action. she's a professor of organizational misconduct and ethics. posner is sure upper management knew exactly what was going on. >> if a bank is really a trustworthy institution, its

managers and top brass should know what's happening at very low levels of the organization. >> reporter: roughly 1.5 million customers were affected. news of the find was mixed with current reactions from customers. >> i have another account. i'll put money in another account. >> my experience has been positive. >> reporter: the fine is just a small percentage of the company's earnings. this year, the company said it made $5.6 billion in net income. as part of the settlement, wells fargo has promised the termination of some managers and team members. there will be enhanced training, monitors and controls. customers will see more documentation once credit card applications are filled out. as we told you about the wells fargo fine with a push alert from the abc 7 news app.

download that app for free and enable push alerts to get breaking updates on all of the stories as they happen. coming up -- molotov cocktails, swastikas and racial slurs. the support a family is getting after they were victims of a hate crime. the popular bay area restaurant chain served with a new lawsuit. the accusations kitchen workers are making tonight. fall is two weeks away. but we're seeing signs of it, in the accuweather forecast. i'll have your weekend forecast coming up. first, what's coming up on "jimmy kimmel live" tonight. >> what's it like on a plane? are people already absorbing the sulliness. >> we'll be all right.

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now, from abc 7, live breaking news. >> that breaking news is from the central valley. a deputy with the merced county sheriff's office has been shot. this is in delhi north of fresno on 99. the gunman has been killed and deputy is expected e okay. follow us on twitter for updates on this story and other breaking news as it happens. new, tonight, north korea says, it conducted its fifth nuclear test of the year tonight. the blast created an earthquake measuring 5.0, near north korea's northeastern nuclear test site.

south korea says it shows recklessness. north korea says the tests are meant to counter u.s. hostility. we have new details on a hate crime in the east bay. someone tossed molotov cocktails at an antioch home and then, swastikas and racial slurs. cornell bernard is live with the story. >> reporter: the mayor was the first to condemn the hate crime. and others were, too. and police hope video will lead to arrest. >> this is a crime that will not be tolerated in our city. >> reporter: the mayor is outraged by the attack. >> my neighborhood is a lautiful neighborhood and looks like it does right now. >> reporter: the mayor and do

council members just visited williams. >> we're going to show you more love than that one person can show you hate. >> reporter: antioch police hope this video will lead to an arrest. the family put out the fire. but discovered a racial slur and swastikas painted on the house. >> this does not represent our city. >> reporter: reverend christopher williams says acts of hate has no place in antioch. >> sad to say this behavior is still happening in our cities. >> reporter: chuck carpenter printed these ply flyers. >> when someone can attack your house and try to burn it while you're sleeping, what kind of society do we have? >> reporter: the mayor says whoever did this must be caught. but the crime won't define this community. >> the beauty of antioch is in our people. and i still believe that. >> reporter: call police if you have information.

tonight, we're hearing from the family of an 8-year-old boy who was bitten by a rattlesnake. he was playing with a friend when the snake bit him with no warning. his mother says it happened when they were playing in their backyard in concord. this time of yore, residents frequently see snakes and other critters in the neighborhood. >> he was very still. very brave. very calm. but you know, i'm his mother. i can see the fear in his eyes. >> reporter: his foot is still swollen. doctors have been givingant venom. this time of year, residents see snakes and other critters in the neighborhood. a popular restaurant chain is facing a lawsuit tonight. current and former employees of burma superstar claim the restaurant didn't pay them all their wages, including overtime. the workers say they didn't get proper breaks or sick leave. the lawsuit is seeking class action status on behalf of about

100 workers. burma superstar has locations in san francisco, oakland and alame alameda. passengers are no longer allowed to charge a galaxy note 7 phone on a plane. the faa reported the phones after catching fire. samsung has recalled 2 million of those phones and stopped selling them. nasa is on a mission to make sure an asteroid does not hit the earth. this afternoon, a rocket carrying the probe launched from cape canaveral in florida. the probe is going to collect samples from the rest of the asteroid. it has a 1 in 2,700 chance in hitting the earth in about 150 years. have to get bruce willis and the crew readily to go. >> that's right. here's a look at the weather. she's going to save me from what

i said. >> bruce is going to do the job. today, temperatures dropped. it was dramatic. 15 to 20 degrees cooler in many parts of the bay area. not uncomfortable for you. look at this time lapse. and earlier tonight, we were watching the marine layer rushing in. it deepened. went from fog yesterday morning to about 2,000 feet deep. brief clearing tonight. that's not going to last. live doppler showing a good push into the north bay. that's where we see the gray skies right now. and you're noticing a fuzzy view. your morning commute will include that. 57 in san francisco. oakland, 59. highs today were in the lows 60s to 90s. you have to get to vacaville to get up to the mid-90s. from our sfo camera, we have overcast skies. 59, santa rosa.

livermore, 59 degrees. you will sleep well tonight. it is cooler out there. san francisco and the eastern span of the bay bridge. areas of fog and low clouds tonight. mild to warm tomorrow. and looking at cooler than normal weather as we head into next week. here's your hour-to-hour day planner. tomorrow morning, you get the kids ready. noontime, sunny inland. breezy at the coast in the afternoon. temperatures in the 80s for the warmest spot. that will be a nice change of pace. and at 7:00 p.m., temperatures will fall as the sun goes down. hour-by-hour forecast will show you where you find the fog first thing in the morning. in the east bay, san francisco, and into the north bay. it will stick around, 7:00 a.m. by the time we head into the afternoon, most of the area will clear, except for the coast where it will remain socked in for your friday afternoon. warm inland, you will see the upper 80s.

who needs the a.c. or a fan? look at the coast. this is where the natural a.c. is. 64 degrees. 80 in santa rosa. 80 in san jose. monday's forecast, temperatures in the upper 70s. it will feel like late fall. we'll keep it mind on wednesday, keeping the fire danger down. here's a look at the forecast for the mountain view art and wine festival. here's a look at the forecast. tomorrow, low 60s to upper 80s. we'll have a summer spread. and temperatures fall for the second half of your weekend, going into monday, only 78 for the warmest spots, below normal. you can track those hour-by-hour. temperatures, eric, anytime, by

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a reminder. a new season of "dancing with the stars" premieres monday. you can watch it at 5:00 p.m. here on abc 7. firefighters rescued a cat from a collapsed house in italy today. it's been two weeks since an earthquake hit central italy. the cat tried to scratch the hand of a firefighter trying to pull him out. that's a sign of good health right there. he was taken to a veterinarian clinic. we think he will be okay. baseball, now. the a's okay? are the giants okay? >> the a's are -- well, the cat's in better shape than the a's. the giants are shaky. but we have football to talk about tonight. the super bowl rematch lived up to the hype. panthers and broncos, kicking off the season.

cam newton, the so i got your test results an allergy to cat dander.w there are options, but the most effective course of action would be to remove the source of the allergens. he's got a name. it's herbert. as long as you live with herbert, you're going to have the respiratory symptoms. and i'll have the joy that only a kitty cat can bring. okay, well there are some things we can do to minimize the impact. allergy shots, a nasal steroid... does that sound doable? i'm in. at john muir health, we know how big the little things can be.

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abc 7 sports, brought to you b river rock casino. >> what a way to start the season. the nfl kicked off the 2016 with a super bowl rematch. this game was a thriller, went down to the wire. and featured flavor. peyton manning bringing out the super bowl trophy. cam newton, made some plays. he got whacked in the head a few times. in for the touchdown. a 14-7 carolina lead. never a bad time to focus on your dental hygiene. sandy is a big flosser, as well.

trevor siemian had never thrown a pass before. the broncos overcome a ten-point deficit. c.j. anderson, a 25-yard score. he got into the end zone twice tonight. graham gano for the win. the defending super bowl champs beat the pansers again, 21-20, broncos. >> it was not like we had never played in a dogfight before. we had to bring on the newcomers, that this is the national football league. and every game can potentially be a dogfight. >> the niners open on "monday night football" against the rams. how long a leash will blaine gabbert have? he hasn't started a season opener since 2013, with jacksonville. he doesn't have a ton of playmakers around him. will chip kelly's up-tempo

scheme make up for that? for now, he will enjoy the moment. >> you have a small window to play 16, 20 games. you have to take advantage and enjoy them. the opportunities don't come very often. they're few and far between. not being a starter again, and you have to enjoy it and make the most of the opportunity. u.s. open, women's semi. serena hobbled by a bad knee. but you wouldn't know it. this is a spectacular point. second set tiebreak. serena wins it, going down the line with the smash. but then, she double-faulted on match point to end it. 6-2, 7-5, will take on kerber with a lady's final. milwaukee had other ideas. santana deep. next pitch, orlando arcia. and see ya would be the phrase

there. back-to-back jacks. maldonado gets into the fun. the cardinals lose. and remain, now, or a game behind the giants, who are idle tonight and in arizona tomorrow. abc 7 sports, brought to you by river rock casino. and the giants five back of the dodgers with 23 to play. abc 7 news continues now online, on twitter, facebook and your mobile devices with our abc 7

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amazing sleep stays with you all day and all night. sleep number beds adjust on both sides for your best sleep ever. don't miss the biggest sale of the year- all beds on sale with the queen c2 mattress only $599.99. final days! ends sunday know better sleep. only at a sleep number store.

thanks for watching. i'm eric thomas. for larry and sandy, thanks for

joining us. on jimmy kimmel, tom hanks. have a good night. >> dicky: from hollywood - it's "jimmy kimmel live"! >> dicky: from hollywood - it's tonight -- tom hanks. and music from kaleo. and now, as merritt of -- and now, as a matter of fact, here's jimmy kimmel! >> jimmy: thank you for coming. [ cheers and applause ] i'm happy that you are happy. i really am. you picked a great night to join us.