case once labeled a hoax by local cops. matthew muller now admits he did it. good evening. i'm dan ashley. >> and i'm kristen sze. a young woman, denise huskins, taken by force. her boyfriend, aaron quinn, left behind, drugged, the two initially considered co-conspirators in an elaborate plot. >> melanie woodrow is live in san francisco. melanie? >> reporter: we were live in sacramento earlier today for that plea deal in exchange format u muller's guilty plea, the government says it will no longer seek a life sentence. instead, 40 years. the judge will make that sentencing decision in january. today, some vindication for the couple vallejo police said made the whole thing up. kidnapping and sexual assault victim denise huskins held her

boyfriend's hand tightly after learning that matthew muller pled guilty to her kidnapping. >> he took me aside and said i'm 99% sure she's lying and i intend to prosecute her. >> reporter: the couple's attorney says they don't believe the fbi agent disclosed he had a personal relationship with aaron's fiancee who was the intended victim. vallejo police investigated aaron believing that he murdered denise. muller left his cell phone behind in a home invasion and they linked him to the kidnapping. law enforcement was praised including vallejo police for its high quality of work. the couple wants the d.a. office to charge muller with other crimes, including drugging the couple and sexually assaulting denise. the government is no longer

seeking a life sentence for muller. instead, 40 years. >> if mr. muller wanted to resolve the case, he did not want to have a trial where miss huskins would testify. >> reporter: the judge will make the sentencing decision in january. >> if there ever was a man who deserved to do life behind bars is matthew muller. >> this is totally out of his character. >> this is more justice than we've ever gotten but there won't be real justice until the people who botched up this investigation are held accountable. >> reporter: denise and aaron will deliver impact statements at muller's sentencing. smelly woodrow, abc 7 news. police admit there have been homicides this year but eight victims have been homeless. sky 7 was over the latest murder on jean street on monday. while investigators try to solve

every homicide, those involving the homeless cause challenges. >> they are committed in isolated areas and they don't have surveillance cameras and perhaps when they occur, maybe there's less witnesses. >> police say they have no evidence to indicate the eight murders were committed by the same person. firefighters are making progress containing the loma fire burning in the santa cruz mountains. the four-day-old wildfire has burned nearly 4,000 acres or about six square miles. sky 7 captured this video of the fire earlier this afternoon. it's covering steep terrain. more than 1700 firefighters have been assigned to it despite the increasing size cal fire says they are making great progress on containment estimated to be 22% as of this morning. >> they have a lot of points they need to take care of along this fire line today to make

sure we get through friday. >> residents who live on the santa cruz county side were allowed to return home yesterday. but as of now, there are still evacuations in effect for the santa clara county side. a community meeting will take place tonight in los gatos. there weren't just people but horses were evacuated from the fire zone and most of the work was done by brave volunteers. david louie has the latest. david? >> reporter: here in milpitas, this is serving as a temporary shelter for the evacuated horses. getting them out of the fire zone required skill and left horses with anxiety along with the evacuation teams and the horses' owners. this video shows that the horses did not look like they would escape but here they are arriving at the santa clara

county fairgrounds. they were rescued by volunteers from the animal evac team. five arabians that were saved by the loma fire. >> they recover very quickly. they understand that they have food, water, they are getting human compassion and that's all they care about. >> reporter: the peril they faced on tuesday morning was not being ignored. >> the firefighters will make sure that they are safe until our evacuations can get there but they will do structure safety in making sure that the area is safe. >> reporter: sampson and elijah tip the scale at close to 1.5 tons. no easy task to get them out. david george is an emergency room nurse when not caring for these horses. >> it's kind of different to be on the receiving end of help. i'm usually helping others and i was really kind of taken aback in a good way.

>> reporter: human lives and horse lives matter. >> yes, they do. >> reporter: whispering hills ranch and county fairgrounds are helping out until they can return home. >> the fairgrounds no longer has stables anymore but we do have the panels and so we were able to come up with a plan as to how we could help. >> reporter: in milpitas, david louie, abc 7 news. meteorologist sandhya patel is here. >> that's right. we'll talk about what is going on. the wind is coming out of the south-southwest and it's bringing up the humidity, which is helping the firefighters. 74 degrees near the fire lines. relative humidity, 44%. much higher than it was earlier in the week. winds are light gusting to 6 miles per hour. we're expecting winds to gust up to 12 miles an hour at 10:00 tonight and then they are light all the way through tomorrow

morning but pick back up again tomorrow afternoon. 14 miles an hour out of the northwest, gusting to about 22 miles an hour in the evening hours and that could be a concern. temperatures certainly will be falling over the next few days. cooling off considerably as we hit the weekend. the cooler weather isn't the only change coming. we have some significant changes in our wetter this. i'll be back to tell you all about it, coming right up. kristen? >> sandy, thank you. we still don't know what went wrong when a commuter train slammed into a station and killed a woman and injured hundreds of others. this is video of a train that crashed in hoboken. part of the terminal collapsed onto the mangled train. >> it seemed like it didn't stop and then the lights went out and then the roof just came down on it. so i think the roof of hoboken terminal crashed into the actual train. >> i we don't know a lot about

why it happened. the engineer is fully cooperating with law enforcement and the investigation. >> the train had just picked up commute commuters. >> the train didn't slow down as it arrived at the station. there are some safety measures that keep speeds down but it's still a year away from very popular rail line. eric thomas is live from the king street cal train station in san francisco. eric? >> reporter: they have different names for it. automatic train controls, positive train controls. whatever you call it, it's technology designed to keep trains at the proper speed and distance from each other. cal train thought they'd have it in place next year but it was a money thing. a crash there means a re-examination here.

>> anytime an unfortunate situation like this happens, we look at our protocols. >> one safety measure supposed to be in place is a high-tech system called positive train controls. it's basically an assortment of sensors, radios and gps linked by computer to slow or stop a speeding train if the operator can't. >> currently it's in the testing phase and we're hoping to have it fully operational by the end of 2017. >> reporter: the agency has had trouble coming up with a $230 million cost of the project. the federal government, which requires the system, is giving caltrain more time. for san francisco's muni late rail, it's been in control for a decade. >> it controls the axis in the subway and spaces out the vehicles throughout the metro so it's operating safely and it doesn't get too close to other vehicles. are. >> reporter: b.a.r.t. has always had censors. still, they have plans to spend more than $900 million for an

upgraded version. as for caltrain riders, the crash was on everyone's mind. >> i heard people in the first car were actually more injured. i purposely sat in a back car this morning. >> it's pretty heartbreaking thinking that something like that can happen to anyone. >> reporter: one rider said a little prayer before he got on the train. in san francisco, eric thomas, abc 7 news. wells fargo has been hit with more penalties on a day when its ceo and chairman received more criticism over the bank's sales tactics. the ceo was raked over the coals. they stand accused of opening millions of false accounts without telling their customers. >> i'm sorry that we didn't get this right. i take this very seriously. i am not in denial and we will get this right. we will fix this. we do a lot of things really great. >> today, the justice department

fined the bank over $24 million for allegedly violating a law designed to protect members of the military from predatory financial practices. wells fargo apologized in a statement to abc 7 news adding, "we've self-identified many of our problems over the last year and we have strengthened our process and protections are more proactively and consistently." straight ahead at 5:00, it's a problem bay area wide but san francisco's teacher shortage may be the worst of all. michael finney has advice on how to manage funeral costs and the effort to make funeral homes

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. reagan duncan: vote yes on 55. - i was diagnosed with parin early 2013.lly it took awhile to sink in. we had to think a little more seriously about saving money for the future and for the kids. - the income of airbnb really helped to mitigate the stress. - but we have that flexibility of knowing that if you know things get worse, we have this to help keep us afloat. - so that's very, very important for us.

the man who runs yoes sem

tea national park is leaving his post in disgrace. there is an investigation into his management practices. a week ago, staffers complained of a toxic work environment. the staffers say that neubacher allowed harassment and bullying. he apologized through e-mail. many school districts face a critical problem right now. they don't have enough teachers. in san francisco, the problem is especially acute. abc 7 news reporter lyanne melendez has that story. >> reporter: he was priced out of the city. >> we had to move out three years ago because we were unable to afford the rent. >> reporter: both the school district and union says it's made it hard to hire and retain teachers. >> people come here eager to teach in san francisco and then

realize they can't stay because they can't afford to stay. >> reporter: there are 99 teaching positions in san francisco's public schools that have yet to be filled but the school district is making sure that parents know this doesn't mean 99 empty classrooms. >> some of those are being covered by long-term substitutes or being covered by people who would otherwise be in other positions. so this doesn't -- >> or retired? >> or retired. >> reporter: the president of the school board understands how disruptive this has been for the entire district. teachers do, too. >> any time a kid goes through the year or starts the year without having a permanent teacher, it kind of sets the year off. >> reporter: the report says vacancies are mainly in special education and language arts. the number of teachers with credentials has decreased in recent years. this is also contributed to the shortage. a second report issued by the school district found that there are 71 vacant and powerful positions. these are teacher's aides.

>> teachers are being asked if they want to volunteer during their prep time. >> reporter: teachers were being laid off because of budget cuts. >> we're in a whole new landscape where we need to develop a stronger pipeline and support us teachers so that they can stay here. >> reporter: lyanne melendez, abc 7 news. under a secure choice program, employers that don't open retirement accounts must automatically enroll the employees. a percentage of each paycheck would be taken out. the plan takes effect on january 1st. >> also something very important in this age is spend now and worry about it later. this is save now and prepare for later. >> workers can opt out. the law is scheduled to go into

effect in february. some say the launch will more likely be in 2018. planning a funeral can certainly be difficult emotionally and financially. >> absolutely. >> but the burden can be eased. >> that's right. michael finney has more. >> it's hard to think about bargain shopping but at any other point in time we do. when a loved one dies, few people want to think about econ myselfi stephanie gary runs one of the handful of nonprofit funeral homes in the country. she and funeral director say it should be quick and easy for families who estimates the cost of a funeral. >> we post our prices on our website. we also make our prices available at our front door and over the phone, e-mail, fax. >> whatever we can do to ease that burden, we try to do.

>> reporter: they publish the price published by nearby funeral homes. the a proposal would require all funeral homes publish their prices online. >> usually time is of the essence. the problem is, you often have to call or visit the funeral home to get a price sheet. >> reporter: consumer reports recommends getting quotes from as many as five different funeral homes, setting a firm budget and don't be pushed into spending more. >> one thing you may not know, you don't have to buy the full package that a funeral home may pitch. you can pay al a carte. >> for instance, you don't have to buy the casket at the home. embalming is also not needed if the funeral is within a certain amount of time.

once you've decided on a funeral home, you're entitled by law to get an itemized statement so you know exactly what you'll pay in the end. it's not out of line to negotiate with a funeral home. we negotiate for all prices and consumer reports says it's worth trying, especially if you're on a fixed or low income. i've got to tell you, here in the bay area, we get much fewer complaints. >> interesting. >> i think we have much more rules and they are enforced here. >> that's good to know. >> thanks, michael. good evening, everyone. temperatures continue to come down today. here's a look at your three-day forecast. breezy, fall day tomorrow. temperatures run lower. partly cloudy on saturday and look what may show up. showers on sunday. it's a 1 on our storm impact scale. live doppler 7 tracks some low clouds near the coastline and the winds are coming in off the

cool ocean floor. it's helped to drop our temperatures and inland highs in the low to mid-80s today. coastal highs in the mid-to upper 50s. the breeze is blowing from our golden gate bridge camera. 63 in oakland. it's in the mid-to upper 60s. half moon bay, 55 degrees. if you're heading up to tahoe, it's sunny but they are expecting a couple inches of snow at pass levels on sunday. be prepared if you're going up there and traveling back on sunday. low 70s in santa rosa. 76 in fairfield. 78 in livermore. you've seen this shot before with the fog over san francisco. it's coming in and out. a breezy fall pattern for tomorrow afternoon. cooling continues through the weekend and we have a chance of a few showers on sunday. temperatures first thing in the morning start out in the upper 40s to mid-50s. grab the boots when you get going. in the afternoon, a nice day.

inlands, breezy here near the coach. upper 50s to low 60s. high clouds pass through the north bay. this is the beginning of the change. coming in.o parts to this syste- the first part is going to kick up the winds tomorrow. the second part will bring us the chance of showers. 7:00 a.m. tomorrow for the commute, it's not that windy. we go into the afternoon and it will be gusty at times, 20, 30 miles an hour for your friday afternoon and evening and that continues and the winds ease up as we head into 11:00 p.m. 1 is a light system and 5 is a severe storm. we're looking at a 1, scattered showers for sunday. best chance in the north bay, less than a tenth of an inch expected. hour by hour forecast showing you where the wind will be. 7:00 a.m., not in the area. by 10:00 a.m., it's in the north bay. as we head into the afternoon, that may shift a little bit more to the south and the east. right now, computer models are in agreement that there will be

some showers. the extent as far as how far south, we'll have to wait and see. rainfall totals are on the light side. a few hundredths at most through sunday night. you're looking at a breezy fall day tomorrow. partly cloudy for your saturday. a 1 on our storm impact scale for sunday with a chance of showers to help you plan your weekend. download our abc 7 news app. when you may see those drops in our area. slight chance of showers on monday and then clouds hang around on tuesday. cooler than average, still only in the 70s. wednesday, thursday, we'll bump you back up closer to average. the good news is this cool pattern keeps our fire danger down. >> we'll take that. the aggressive effort about to begin to keep a local animal shelter from closing its doors. coming up, new images tonight inside the station of the deadly train crash from new

york to hoboken crashing with no warning. also, a deadly shooting of a 6-year-old. and a hurricane that could affect the u.s., coming up. >> david, thanks. see you then. at 6:00, the difference between doing something the simple way and easy way. and easy way. one woman found out the hard am an iraq veteran. lowering drug prices. dollars to defeat it. vets" in voting yes on prop 61.

and easy way. one woman found out the hard the alameda animal shelter is in trouble because of budget problems. next week, pet owners will rally to save the shelter and keep it open. they will be gathering outside the shelter as they plead their case before the city council. this is one of our abc 7 perfect pet partners. local dungeness crabbers are optimistic this season will begin on time because test results in four of six regions

show the acid levels in crab are normal for this time of year. remember, last year, high acid levels delayed crab season until may. domoic acid is caused by record-high ocean temperatures and a consistent algae bloom. crab season traditionally begins in november. the odds of the olympics coming to california just got greater. the rejection of rome leaves only los angeles and budapest the other contenders. listen to this. a panel in japan says the price tag for the 2020 tokyo summer olympics could exceed $30 billion, with a b, unless drastic cost-cutting measures are taken. the ballooning costs reflect an absence of leadership as well as a lack of government and an

awareness of cost control. that's going to be a problem. >> yes. something new just hatched at the san francisco zoo. >> a closer look at these absolutely bea

well, coming up tonight at 6:00, we're live in the city that has plenty of space and plans to expand. why some of those plans are hostile to housing into plus, the multimillion dollar boost to one of the bay area's favorite coffee companies that could help it compete with starbucks. >> all of that coming up in half an hour at 6:00. hope you can join us then. finally tonight, the san francisco zoo has a couple of new additions. two flamingo chicks hatched this month. the zoo shared these photos with us. >> it's easy to spot them with their gray feathers. >> the season can extend into

october. "world tonight, the rush hour horror. the deadly train crash, and we have new images this evening, from inside the crash. the train from new york to hoboken, slamming into the terminal. >> we got multiple walking wounded. >> victims climbing through twisted metal, and new surveillance from before the crash. our reporting tonight on the engineer. the deadly police shooting. this time, a 6-year-old is killed. marshals firing at an suv. the boy with autism was in the passenger seat. at this hour, the new hurricane brewing. it could effect the u.s. and the major storm system, blinding rain in the east. donald trump tonight, sources inside his campaign now saying he was prepped for the first debate. but did not execute the plan. and the stunning moment here, third party candidate gary johnson, asked a simple question. you will hear how a