a state of emergency in charlotte, north carolina, after protests over a police shooting turned violent overnight. good afternoon and thank you for joining us today. >> officials in charlotte are preparing for the possibility of more violence tonight. the national guard and state troopers have been gathering in charlotte as the city braces for what could potentially be the third straight night of protests. >> abc news has more live from charlotte on latest in the developing story. heather? >> reporter: the charlotte chief of police says they are prepared and ready for tonight. 44 people were arrested last night. nine people were injured, including a man who was shot. he remains in critical condition

at this hour. city officials are now waiting to see if a curfew is necessary. downtown charlotte cleaning up after the city was under siege by violent protesters for a second straight night. >> this has been a difficult couple of days for the city of charlotte. [ chanting ] >> reporter: what started out as peaceful protests turned into chaos when night fell. flash grenades exploding into crowds of demonstrators who clashed with police in riot gear, sending people running for safety. the mayhem stemming from the shooting death of keith lamont scott on tuesday. police say officer brentley vincent pulled the trigger after they saw scott holding a gun. family say he wasn't armed and had a book. abc affiliate wsoc obtained a photo of what police say is the weapon recovered at the scene. two opposite accounts of what

transpired, leading to louder calls for the lease of dash and body cam footage. >> we release it when we believe it is a compelling reason, but i'm not going to jeopardize the investigation. >> if those videos are released, that is one tangible olive branch to a community that is embroiled in inexplicable pain. >> reporter: and the mother of keith scott spoke with abc news and says she wants justice for her son's death. the national guard says more than 400 troops will be on the ground here tonight by nightfall. heather waliga, charlotte. >> and there are several events planned in uptown charlotte this weekend including carolina panthers football game on sunday. so will those events go on as scheduled? >> reporter: well, a growing number of events here have already been canceled. there were several events planned for today that were

postponed. the nfl saying tonight that sunday's game, the charlotte panthers against the minnesota vikings, will go on as planned at bank of america stadium. both teams and the nfl say they are monitoring the situation as needed. back to you. >> thank you so much. stay with abc 7 for the latest developments out of north carolina. we sent out push alerts during last night's protests. download the app and enable the push alerts to get the latest breaking news any time. prosecutors in tulsa, oklahoma, have filed first-degree manslaughter charges against the white police officer who fatally shot an unarmed black man. officer betty shelby shot and killed 40-year-old inchterence crutcher. video of the shooting and aftermath showed crutcher walking away from shelby with his arms in the air. tulsa police say crutcher didn't have a gun on him or in his vehicle. starting today, every california police department must track and report all use of force incidents that cause a

serious injury. we're talking about anything from a broken bone to a fatal shooting. that data will be collected on a new online data site that's launched and been launched today. the new policy will make california the first state to use a digital system to track police use of force incidents. a number of students at san jose state are on edge following the discovery of two swastikas in campus housing. >> police say they know who's behind this. abc7 news now with more from san jose on the story. chris? >> reporter: and those swastikas were found at two different locations on campus. one of them being washburn hall behind me. two students have now taken responsibility, and the president is promising a thorough investigation. some students on the sjsu compass say they've had enough. >> to me it's childish. something like you see notebooks in middle school. >> reporter: many were disgusted after two swastikas were found

on display in two different residence halls. campus police tell us two male students are responsible, one for each incident. the two cases are unrelated. >> i don't want to go too much into motivation. i think it was characterized by both as a joke, in essence. >> reporter: at washburn hall on monday, one student formed a swastika out of name tags, but no physical damage was done to the building. that incident was followed by a swastika being drawn on a white board tuesday. the university president hasn't ruled out expulsion for the students and is promising a thorough investigation. >> we all should be outraged when any member of our community, when on campus at san jose state, in our neighboring communities, or anywhere where we live or work are targeted in some way that is hateful. >> reporter: members of the student dressed in all black to show support for those who live on campus saying there's no place for hate at sjsu. >> we leave our homes, parents, siblings, coming to school thinking we're going to be safe. we come to school paying for

tuition, safety, some type of diversity. >> reporter: the president will meet with students at a campus dining hall later tonight. in san jose, chris nguyen, abc 7. a breach at yahoo!. the personal information in 500 million accounts was stolen. the breach dates back to late 2014 when high-tech thieves hacked into yahoo!'s data centers. but yahoo! only recently discovered the break-in. it includes users' names, e-mail addresses, telephone numbers, birthdates and passwords. yahoo! recommends users change their passwords. a protest over the eviction of a longtime elderly resident got ugly in san francisco today. members of tenants' rights groups unfurled a banner from the western edition buildsing where 100-year-old iris canada was told to be out by today. building residents took exception. so somebody inside reached through a window, then grabbed the banner and ripped off a section of it.

demonstrat demonstrators unfurled it again. minutes later, a man pulled up the banner and walked away with. it a woman tried to stop him. the man said something to her and threw it off the side of the building. they went back and forth and back and forth. demonstrators would put it back up again. coming up at 5:00, the demonstrators explain their motive for the protest, plus the latest on the status of iris canada. there's a lot going on in weather. things look calm in the bay area. to the sierra first, there's makes of rain and snow. thunderstorms down in lower elevations with lightning strikes around lake tahoe and snow mixed in the higher elevations. this is a live view of storm clouds over the lake. a few minutes ago we saw snowflakes mixing with raindrops hitting the camera lens. back to the bay area. windy conditions since yesterday. still windy along and near the coast with gusts now 32 miles per hour at sfo. 23 miles per hour. at half moon bay, 24.

notice winds getting calmer around the bay and inland. this is the view from our rooftop camera looking across the embarcadero. currently 64 in san francisco. low 70s at oakland. mountainview, san jose, mid 70s, san jose. a live view from the central tower camera over san francisco. under mainly blue skies. temperatures in the mid 70s at santa rosa, napa, 72 in novato. 71 at livermore. and we can expect things to get quite warm this weekend. more on the heat spike coming up in a few minutes. >> thank you. police are looking for the gunman who shot a man and a woman inside an east bay home. >> this happened late last night on bella drive in concord. investigators found several pounds of marijuana in the house. abc 7's amy hollyfields with the story. i was kind of scared. wasn't sure if whoever did this was still in the neighborhood. >> reporter: concord police say one, maybe two men went inside a

home on bella drive and opened fire. the 29-year-old woman was shot in the arm. a 28-year-old man was shot in the head. >> that's brazen. i'm not sure at this time when the -- when they were followed into the house. >> reporter: they survived the attack. the men drove away in a pickup truck. police have ruled out gang activity but don't know the motive behind the shooting. they say it looks like it was targeted, but it is still under investigation. neighbors say the victims had recently moved into the home which is tucked away on a little side street in the subdivision that labels itself as a private property. some here tell us they think the victims had to have been targeted. >> i think it was an isolated incident to be honest. why it happened, not sure. they're very quiet, to be honest with you. so kind of shocking. >> reporter: police don't have much of the a description of the suspects, justice that they were wearing -- just that they were wearing dark clothing and got

away in pay pickup. they're hoping surveillance cameras in the area may have caught images of the suspects. abc7 news. a lone piece of cookware stopped traffic and delayed several muni lines for a couple of hours in san francisco this morning. there was a rice cooker that was found at a bus stop at south van ness at 7:30. police used a robot to check it and said there wasn't anything explosive about it. officials were worried it might have been some sort of pressure cooker device, a bomb likes the ones used in boston and new york. investigators say they don't know if it was left as a prank or simply an accident. sacramento mayor kevin johnson got a pie to the face at a charity dinner last night, then tackled and punched the man who pied him. sacramento police arrested 32-year-old sean thompson. he was charged with assaulting a public official. that's a felony. he says the mayor attacked him after being pied. >> not much to say, he punched me in the face, based on the

gashes on my face. i have nine stitches to prove for it. >> johnson's office says the mayor acted in self-defense. thompson says johnson hasn't done enough to help people in need, and he deserved to be pied. coming up abc7 news at 4:00, new details on the brangelina split and a child abuse investigation that is underway. and there's more fallout today from san francisco's sinking skyscraper. hearings are getting underway, and homeowners want to know how the mineral yum tower could have been -- millennium tower could have ever been built. the bay area's hottest properties. you might be surprised at which bay area city is topping the list. the glitch in tesla's software update that could cause major problems for drivers. at 4:11, a live look at the afternoon commute. this is walnut creek, interstate 680 southbound on the right-hand side moving nicely. northbound is the heavier commute direction. normally at this time. it's a little bit thicker but moving. stay with us.

new developments in brad pitt and angelina jolie's divorce. >> the los angeles department of home and family services is investigating child abuse claims involving brad pitt. today, pitts's co-stary -- pitt's co-star is denying anything she had to do with the breakup. >> reporter: the actress rumored to have had an affair with brad pitt breaking her silence to deny it. academy award winner marion cotillard who stars with pitt in the upcoming film "ally" writing on instagram, "many years ago i met the man of my life, father

of our son, and of the baby we are expecting. he is my love, my best friend, and the only one that i need." that man, actor and director guillon canet. and saying there was no third party involved in the breakup of pitt and jolie. the two met on the set of "mr. and ms. smith" 12 years ago. on monday, jolie filed for divorce from her husband of two years. since then, more stories coming out about the split. a source close to the actress saying that days before she sat down talked to brad and offered to file together. a source saying he had begged her to press pause. not so they could reconcile but so they could prepare their children for the massive upheaval to come. >> based on the reporting that's come out last couple of days, it seems like this is going to be a much more contentious split than anybody originally thought. >> reporter: a key issue, the

children. jolie filed for joint legal but sole physical custody of the couple's six kids. brad pitt has yet to legally respond to the divorce filing. lauren lyster, abc news. tesla is admitting that the software update to its auto pilot system has a glitch. seems the update will disable the automatic steering function if drivers do not keep their hands on the wheel. tesla started moving the update to the model x suv and model-s sedans. they do this over the internet. started last night. it adds features including improved radar and better voice commands. this after a driver using the auto pilot was killed when his sedan hit a tractor-trailer in florida. if you are looking for something fun to do this weekend, we have some ideas for you. >> yes. we have some ideas. >> reporter: if you've ever dreamed of running away and joining the circus, you have a chance this weekend. you will see incredible feats in this renovated old high school gym next to the stadium at

golden gate park. having neither a love of heights nor, frankly, the skill, the trapeze is not my dream. and separately, i wondered how i ended up about to try this at the circus center with my instructor named phoenix hanging upside down. if you think i'm letting go, there's no way i'm letting go. okay. it took a few tries and way more core strength than i anticipated. eventually, i did it. yep, she walked me through it. she says circus is good for everyone. i did it! >> learning circus is a lot about learning to trust yourself and about pushing yourself in new ways. and really finding comfort with your physical body. >> reporter: this friday starting at 7:00 p.m., you can test your beginner circus skills for freeh circus center. good luck. or go to the same spot and leave it to the professionals. the cabaret full swing features acrobats, aerialists, magicians, and clowns. it's circus up close. every seat is 50 feet or less away from the performers. >> when you go see a big circus

under the big top, you could be very far away from the performers. and it creates a certain intimacy with -- that you can see their faces. you can see the expression in their bodies. >> reporter: tickets are $35. there is a bar. it's adults only. this friday and saturday night at 755 frederick street. we have all the information on abc7news.com. we'll hook you up with hoodline. abc7 news. >> i was told spencer christian was going to do the weather upside down, and anything less is going to be extremely disappointing for the audience. >> i hate too disar-- i hate to disappoint you. i may be turning the temperature trend upside down. >> not impressed. that's right. here's a look at doppler 7. today was a nice first day of fall. temperatures cooling a little below average today as they were yesterday. windy conditions along the coast. and we have mainly clear skies.

this is the view no. the golden gate bridge, traffic flowing nicely, as well. these are the forecast features. clear and cool overnight, especially in the inland areas. it will be much warmer the next couple of days going into the weekend with high temperatures reaching triple digits inland on sunday and monday. so we'll have a wave of heat coming our way. first let's talk about the diminishing wind gusts. it's been gusty the last couple of days especially near the coastline. notice during the overnight hours, we'll see winds calming quite a bit especially near the bay and inland. by tomorrow afternoon, we'll see winds even on the coast diminishing to only about 24 miles per hour, lower in other locations. things are going to normalize a bit in terms of winds. overnight lows will drop into the 40s in some inland areas. it will be clear and cool. look for 43 in napa. upper 40s at vallejo, morgan hill, low to mid 50s near the bay and coast. tomorrow's highs will range from low to mid 60s at the coast to mid to upper 70s around the bay. and low to mid 80s inland. it's warming up a bit.

it's not really going to get warm until the weekend as we look ahead at our high temperature. much warmer on saturday with inland highs in the low to mid 90s. upper 70s to low 80s around the bay. and up to about 70 here in san francisco. then on sunday, it gets even warmer, a little bit of sunday sizzle will be added to the forecast with inland highs up to 100 at concord. 101 up north of cloverdale and mid to upper 90s in other inland locations. even low to mid 90s near the bay. and 82 in san francisco. then on monday, hotter still with numerous locations hitting or exceeding the 100-degree mark. temperatures will be about 15 to 20 degrees above average around the bay and inland monday. even on the coast, highs of 79 at half moon bay. almost 80 degrees there. here's the accuweather seven-day forecast. after that bit of heat, a sort of wave of heat, but not exactly a heat wave. there's a difference. on sunday and monday, we'll see coastal cooling on tuesday. and it will be cooler in all areas on wednesday. and things will be back down to

more seasonal range on thursday. but things are going to warm up quite nicely over the weekend. maybe a good time to get in a little beach activity before fall truly settles in. >> yeah. good idea. >> i didn't see a trapeze. >> no. no, try harder next time. >> please. >> he'll be back. don't worry. thank you, spencer. >> what he's afraid of. >> right? you can celebrate the first day of fall with us on social media. you can share this badge on facebook and send us your fall photos using the hash tag #abc7now. you might see your pictures on air or on line. go ahead -- eat that dirt. what? the unusual new advice for parents with young kids. breaking news, i'm doing my job. >> the news gets dramatic on abc's hot new show "notorious" coming up. a closer look at the show which debuts at 9:00 on abc 7. and abc 7 is celebrating hispanic heritage month with posts to our instagram feed. today we recognize "nuestra casa de east palo alto."

a communities organization dedicated -- a community organization dedicated to helping the latino immigrant population of east palo alto being more self-sustaining. more details on instagram at abc7newsbayarea.

another exciting new show tonight. >> "notorious" goes behind the scenes of a fictitious cable tv newsroom. it's breaking news. i'm doing my job. >> the next time i have a stories i'll go to greta. i'll go to diane. you know i will. man. >> that could not have gone better. the show's already trending. >> reporter: the new drama, "notorious," gets its inspiration from real life and from the longtime friendship between a cable news producer and a high-powered lawyer. this legal media-driven match-up co-stars piper palaboo. >> tell your boyfriend he

doesn't deserve his new job. >> why are we going to love "notorious"? >> it's a really sexy, mysterious, intriguing show. >> yeah. >> and i also think people are interested in -- behind-the-scenes of how the news gets told. who gets to tell the story. the police are issuing a warrant for her arrest in the morning. she drove the car. >> no way. >> i saw surveillance tape. >> there's an examination of what from the perspectives of -- approaching the same things there different angles, and what we are willing to do or give up or what rule we might be wanting to bend in order to get what we feel like we need or want. >> you concocted some ridiculous defense, and i almost fell for it. >> we have a deal. >> to never lie to each other. >> to never lie to each other. >> wiee're focusing on an

intersection of two worlds the realities of which i don't think many audiences have been given a chance to see. clearly, it's not a documentary about these things. >> a lot of people when they get home turn on the news. until this show, i never thought about like who's choosing the story that i heard tonight. of all the stories in the world, why am i hearing these stories tonight. this show, you find without's choosing. >> that's power, piper. >> i know. >> reporter: abc7 news. >> "notorious" is part of tbs 7's tgit lineup tonight. kicks off at 8:00 with the season premiere of "grey's anatomy." "notorious" at 9:00 and then "how to get away with murder." stay with us for abc7 news at 11:00. the real-life woman whose life mirrored "the fault in our stars" died, days after her husband. katie prather died from complications of cystic fibrosis today. her passing comes days after her husband died of complications of

the same disease. the two met on facebook in 2009. their story went viral after the success of john green's book "the fault in our stars." coming up on abc7 news at 4:00, colin kaepernick taking a knee on the cover of "time" magazine. the protest movement that is showing no signs of stopping. you have a wounded country. >> donald trump on the campaign trail. what he's saying today about the recent police shootings. and the update to the great wall of china that has people climbing the walls.

. here's what's making headlines at 4:30. more than 400 national guard troops are in charlotte, north carolina, ahead of what may be a third straight night of violent demonstrations. they're protesting the fatal police shooting of keith lamont scott. the calls are increasing this afternoon for police to release the body and dash cam videos of the shooting. also today, prosecutors in oklahoma, they filed first-degree manslaughter charges against a white police officer who shot and killed an unarmed black man. in washington, d.c., east bay congresswoman barbara lee called for actions on police shootings of african-american men. lee tweeting, "we stand outside the doors of the justice department asking them to stop the killing." "world news tonight" tweeted a

picture of the indiana fever, the wnba team, kneeling during the national anthem in protest of black oppression in america. the professional athlete who started the kneeling protests will be featured on the upcoming cover of "time" magazine. yes, today we heard from colin kaepernick's head coach, as well as his san francisco 49ers teammates. abc 7 live with more on the story. elissa? >> reporter: larry, this is the upcoming october 3rd issue of "time" magazine that will include interviews with other athletes who have joined the protest and the controversy around it. players i talked to tell me the cover story a great things, and even coach chip kelly voiced his support for kaepernick's cause. colin kaepernick wearing his 49ers uniform takes a knee on the cover of "time" magazine. kaepernick's protest against racial injustice has triggered criticism and support. other athletes across the country have joined the movement, including his own teammate, safety eric reed. >> me personally, football is a

game. the things that we're talking about is real life. people losing family members to things that are senseless. >> reporter: the cover story shows kaepernick has made an impacts. >> he's getting accomplished what he wants to get accomplished. once again, you know, in this building, we're focused on football, and trying to win football games. >> reporter: the niners next opponent, the seattle seahawks. cornerback richard sherman made it clear he has more than just the game on his mind. in his own form of protest following the police shootings in tulsa and charlotte, he refused to take questions from reporters. >> i think people are -- are still missing the point. you know, the reason these guys are kneel, the reason we're locking arms is to bring people together, make people aware that this isn't right. >> reporter: kaepernick hasn't commented on the magazine cover but said he's received death threats. at -- a new poll has him as the most disliked quarterback in the

league. he plans to donate $1 million to charities that further his cause. elissa harrington, abc7 news. police in hagerstown, maryland, released body camera video today in response to claims of excess force. shows an officer pepper spraying a 15-year-old girl inside a police cruiser. >> get your feet in or you're getting sprayed. put your feet in. you're getting sprayed. [ inaudible ] put your -- put your feet in. >> put your feet in? >> there you go. >> officers can be heard telling the girl at least nine times to pull her feet into the car. they also warned her at least three times she would be sprayed if she did not comply. the incident happened on sunday after police say the girl crashed her bicycle into the side of a moving vehicle at an intersection causing an accident. we're days away from the first one-on-one presidential

debate between donald trump and hillary clinton. the republican nominee had five events in pennsylvania today, while hillary clinton has cleared her schedule. here's abc news reporter stephanie ramos. >> you will like me so much. >> reporter: donald trump taking the stage at an energy conference today. it's his first stop as he spends a jam-packed day in pennsylvania. >> you are going to like donald trump and all of the workers that get put to work. >> reporter: before talking energy, trump addressing the protests at north carolina after recent police shootings. >> drugs are a very, very big factor in what you're watching on television at night. we do have a wounded country. >> reporter: this a day after trump took heat from the country's largest police union on comments he made about officers who shot an unarmed black man in tulsa. >> did she get scared? was she choking? >> reporter: trump praising all police officers and then shifting back to the topic of energy. the republican nominee speaking to unions who represent thousands of people who work on roads and pipelines, trying to

connect with the oil and gas company leaders who in the past have raised concerns that a hillary presidency would mean more regulation and fewer jobs. >> we're going to be cutting massively regulations. >> reporter: as for hillary clinton, she's behind closed doors, prepping for the first one-on-one faceoff with trump. today, this interview making the rounds line. taped the day she was diagnosed with pneumonia. zach galifianakis asked clinton what she thinks trump will wear to the debate. >> i assume he'll wear that red power tie. >> or maybe like a white power tie. >> that's even more appropriate. >> reporter: staffers with both campaigns are a bit worried over how the debate on monday night will go down. the clinton camp thinks donald trump may get softer questions. as for the trump team, senior sources say trump has not zoned in yet on policy. stephanie ramos, abc news, washington. great controversy over the great wall of china. people are outraged that restoration crews covered portions of the wall with

cement. you can see it in the video here. reports say a cultural bureau ordered a 700-year-old stretch of the wall be covered with a smooth, white cement to restore decaying parts. the deputy director of the great wall of china society says the restoration damaged the original look of the wall and took away the history from the people. still to come on abc7 news at 4:00, the effort get to the bottom of that sinking skyscraper in san francisco. hearings are getting underway, and homeowners want to know how the men immigration tower could have been built. i'm spencer christian with the east bay hills camera. a nice crisp first day offall looking toward the brooklyn bridge. going to get hot this weekend. i'll have the forecast coming up. another check of the afternoon commute at 4:36. this is 101 and san jose, southbound is all backed up there, even the carpool lanes are moving slowly. northbound moving nicely as is 880 over the top.

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more on the sinking millennium tower over the market neighborhood. >> one supervisor is asking who knew about it, when did they know, and the big question -- what do you do now? abc7 news reporter carolyn tyler with the story. >> reporter: even before he started asking pointed

questions, san francisco supervisor aaron perskin took the unusual step of having building officials confirm they've signed the code of conduct to tell the truth. >> thank you. >> reporter: the questions concern the millennium tower that's tiltsing and sinking. he says it's clear the building inspection engineers were concerned about that back in 2009, the year after the building was completed. the man in charge of permits then wrote a letter raising concerns, but today said he could not remember why. >> i did receive some information that the building was settling. i do not recall exactly where i got the information. >> reporter: current department employees e employees began an investigation after an anonymous 311 call last month and have ordered an update from millennium engineers. >> give us a status report. is it safe? >> reporter: several of those who bought the milt i million dollar apartments attended the hearing. >> clearly nothing that we've

heard today has instilled any confidence. >> reporter: at the end of the day, we've got to figure out what went wrong, how we're going to fix it, what we knew. >> reporter: the supervisor calls today's responses from city building officials quite troubling. in san francisco, carolyn tyler, abc7 news. we'll start with live doppler 7 hd showing clear skies. it's been breezy and windy along coastline as you no doubt know. winds will be diminishing tonight. tomorrow, sunny and higher temperatures pushing back into the 80s. 70s around the bay. 60s on the coast. we have a much warmer pattern coming our way. tomorrow, by the way, at oakland coliseum, there will be fireworks if not in the game between the as and rangers at least in the air. there will be fireworks. it will be sunny at the start of the game. game time 6:35. 68 degrees. perfect viewing conditions once the sun goes down for fireworks.

lake thhaahoe showing thundersts over the lake. a mix of rain and snow. tomorrow, look for gusty conditions in the higher elevations and ridges. over the weekend sunny, and mild if you're thinking of going that way. a lovely weekend. and here's a look at the high temperature trend in san jose. we were talking about a spike upward in temperatures over the weekend. san jose will reach mid 90s on sunday and monday. dropping off to upper 80s on tuesday. that's representative of what the entire bay area can expect over the weekend. there will be a spike in the heat with temperatures up to 100 degrees in some of the inland areas. >> wow. thanks. ahead on abc7 news at 4:00, let them eat dirt. the reasoning behind the controversial plerecommendationr parents. a warning tonight about a new scam about how thieves are

breaking news on the peninsula in brisbane. looking live from sky 7 at a brush fire that burned near bayshore boulevard and guadalupe canyon parkway. they appear to have it out now. you see the white, puffy smoke,

or you did a moment ago. the which has closed the bayshore boulevard off ramp from southbound 101 while crews finished the work. that is backing up cars on the freeway. look at that. fire crews from across northern san mateo county answered the call for the fire to make sure they got it out quickly. it has already impacted all that traffic which is backed up. >> for sure. bay area astronaut kate rubeens is about a month away from returning to earth. the napa native head been on the international space station -- has been on the international space station since july. she successfully completed two space walks and became the first person to sequence dna in space. rubens says looking down at earth from space, that never gets old. so does she want to come back? >> there are of course things that draw you back to the planet -- your friends, your family, your home. every time i pass over california, sometimes we've had a few passes from the north. i look down the whole central valley and see san francisco and think it would be pretty nice to be there right now. >> so cool to see her floating

there, gravity, zero gravity. rubins says she's staying busy. she started a microbial monitoring system project and took 200 pictures of chile. now to a warning about a new scam. thieves are using the affordable care act to get to you. >> yeah. 7 on your side's michael finney here with details. >> this will work, i think this will work against us -- >> against us? >> yeah, against us. i'm concerned about it. scamstering using the affordable -- scamsters using the afford animal ca able care act, often called obamacare, to rip off consumers. fake emails are questioning when the correct amount was paid for insurance coverage. if you're low income, you pay less. in your income goes up over the year, sometimes at the end of the year you must pay some of that money back when filing your income tax. it is that payment the scamsters are using for a hook. don't fall for it. the irs only mails these types of notices through the u.s. postal service. another recall to tell you

about from bluebell again. the ice cream maker is pulling select flavors of its cookie dough ice cream off the shelves. ingredients from a third-party supplier were possibly contaminated with listeria. unfortunately, no ill -- i should say fortunately, no illnesses have been reported. the ice cream is thought to be confined to southern states, but items like there can be resold and end up here. last year, a liss year contamination prompted the company to recall all of its products. it's start of another lottery year. state lottery officials say this year's pot of money will be bigger than last year's. only three months into the fiscal year, and lottery officials say sales are up more than 7% compared to last year. last year, it was a record-breaker. >> last year lottery sales topped $6 billion for the first time in its 30 year history. we finished at about $6.3 billion for the year. 7% ahead of that pace is looking good to us now.

>> okay. listen to this -- officials believe this year's pool could reach $6.5 billion. now, part of that will be unclaimed money. that goes for the state's public schools. last year, the unclaimed money portion reached $1.5 billion. i want to hear your consumer questions. i'll be in fremont tomorrow at fremont street eats from 3:00 to 7:00 p.m. to meet you. be sure to bring your questions. you can also ask those questions on social media. just post them with the hash tag #askfinney. we'll have a great time. it's downtown. cool. they have all these food trucks, games, all kinds of stuff. >> neat. >> that's going to be fun. thank you. now for some advice from scientists which is really raising eyebrows with parents. a new book called "let them eat dirt" calls for parents to let kids do just that -- eat dirt. the scientists behind the book "let them eat dirt" argue that keeping our kids too clean shields them from certain microbes that are essential for a healthy immune system.

the authors say that means putting your kids at risk at a higher risk of asthma, diabetes, and even obesity. >> if we miss out on that exposure, the immune system is not going to mature. >> we do have to think a bit, let your kid lick the floor in your own house, but probably not in the subway station. >> one of the best ways to get the microbes, playing in the dirt. the researchers say children, especial those under 5, should be allowed to be bare foot outside and get dirty within limits, of course. >> i don't want my kids liking the floor. come on. in today's wellness report, malnutrition adds to an astoundsing amounts of u.s. medical costs. and stress could be undermining your diet. here's jane king. >> reporter: malnutrition adds $15.5 billion a year to medical costs in the united states. a study published found in california, new york, and texas, those had the highest costs. malnutrition can be a contributing factor to breast cancer and other diseases. it can even occur in obese

people which is harder to detect. smoking can cause permanent damage to a person's dna. researchers at the national institute of environmental health sciences say genetic material changed after cigarettes were consumed, some changes remaining even 30 years after the person quit smoking. stress could undo all of that healthy eating you're doing. ohio state university found stressful events from the day before appear to eradicate any health benefits a person might have gained from choosing a breakfast rich in good mono unsaturated fats as opposed to a breakfast loaded with bad saturated fats. and panera bread says it will use clean bacon on sandwiches and sal salads, heightsening efforts to use health -- heightening efforts to use healthier ingredients. it's free of preservatives and sweeteners. panera buys the equivalents of 115 million slices of bacon a year. from the nasdaq, jane king. heaters to your health. >> a lot of bacon. it is. abc7 news continues. next, a sleepy bay area town is

one of the hottest spots for new properties in the country. you might be surprised to see who's buying homes there. now, a look at what's coming up at 5:00. >> thanks. coming up, political fight in san jose. why congressman mike honda is suing his opponent. top honors, what's behind a medal president obama bestowed on two bay area experts? and california mystery solved. we know why a singing fish sings. those stories and more when

. a new list of the hottest selling real estate is out. pleasant hill, petaluma, and hsu isun city crock -- city are at the top. >> reporter: a market is considered hot when it's at the market less than 28 days.

who's fueling this? millennials. inside virggivirgil's bait shope photos show the dusty delta town this used to be. but things have changed. >> suisun city is on fire. >> reporter: especially if you're a real estate agent like jenna. she load the last home for sale in this new development and explained why homes here are selling. >> you've got 680 and 80 right here. for commuting, as well as weekend fun. second things is the renovated harbor where you can take out your sailboats and kayaks and enjoy the water. the third things is you get close proximity to san francisco for a fraction of the cost. >> reporter: the numbers tell the story. in august of last year, 39 homes sold in suisun city. this august, that number rose to 48. the average price last year, $309,000. this year the price jumped 20% to $371,000. compared to the rest of the bay

area, that's still affordable. >> may not be for much longer because people are moving here. therefore, the prices are going up. >> reporter: and who is paying those prices? realtor michelle perez says a significant number are millennials. >> they're looking to afford a home because rents is so high. >> reporter: and mortgage interest rates are low. another incentive to buy. and that's music to the ears of people who already own homes here. >> what it means is my property value is worth a lot more. that means we're paper rich. >> reporter: and being paper rich is much better than being dirt poor. in hsusuisun city, eric thomas. the hunts is on for a homeowner who's been dubbed the wet prince of bel air. the center for investigative reporting is trying to identify the bel air resident who used 12 million gallons of water in a single year during drought. it's narrowed the list down to seven people using satellites and algorithms, studying soil moisture. one of the other people making the list is warriors co-owner

peter gruber. his l.a. estate uses three million gallons of water a year. >> wow. thank you for joining us at

first the bottom of a protest banner is torn off, then the side is ripped out. this was only the beginning of today's rangle over rent in san francisco. in san jose, a universities under pressure. the graffiti that has the school president flying back early to answer in questions. east bay congresswoman barbara lee takes to the who house floor. why she says a bag of skittles can be dangerous. and the political fight in the subwaouth bay. the computer files one candidate says the other had no right to see. an elderly eviction battle spills over, pitting protesters against people living there. at the center of the fight, a 100-year-old tenant.

good evening. >> thanks for joining us. the protest reached a new level when protesters tried to hang an anti-eviction banner. >> one fedup tenant pulled up the banner, ran off with, it and threw it off the side of the building. >> this is video you'll see only on abc7 news. abc has more on the latest twist in the ongoing battle. >> reporter: of course at the center of this is 100-year-old iris canada. this is not the first time that protesters targeted this building. we believe it's the first time tenant so fed up confronted demonstrators. >> we started hearing people on our roof. >> reporter: those people she's referring to were protesters who broke into an apartment building next door to gain access to her roof. hanging a 21-foot banner over the building, rights over her window. reached out and tore the bottom part of the