that breaking news is happening in concord where police have shot a stabbing suspect in the backyard of a house on san jose avenue. sky 7 is live over the scene right now as we take a look. police say the man was wanted for attacking another person at a home on crawford street this afternoon. he ran away, but a police dog tracked him down. >> officers say the suspect then stabbed the dog. that's when an officer shot him. the suspect has been taken to the hospital in critical condition. of course, we're going to stay on top of this breaking news, both here and on the abc 7 news app. >> yes, if you download it and enable push alerts you'll get updates on your mobile device just as soon as we send them out. for now though good afternoon, and thanks for joining us. i'm ama daetz. >> and i'm dan ashley.

larry beil is on assignment. and now to tonight's do-or-die game. >> a huge win in the 12th inning last night kept the giants playoff dreams alive. >> wayne freedman is talking superstition with fans. >> first though we begin with abc 7 news sports anchor mike shumann. hey, shu. >> reporter: game 4 getting ready and giants fans still buzzing about last night's 13th inning victory. ten straight postseason elimination game victories. two more wins to keep this 2016 season alive. now, i don't know about you, but i didn't get to see the game-winner last night. i was driving home when i heard it about 11:43 so why don't we relive joe panik's game-winner in the 13th. the entire game looked like the giants goose was cooked, but they did not give in, and panik made sure there would be a game four when he drove in brandon

crawford with the walkoff winner. having won ten straight elimination games, and the giants are so used to situations like this, madison bumgarner explained their mindset perfectly. >> we're hard to kim. i'll say that, for sure. we've got a special group of guys, and that was -- that was fun watching. >> when it came down to it, you know, with them getting up on us, we had to fight back and, you know, and like i said there's no giving up with this bunch, and it doesn't mean we're going to win every game, no, but, you know, we're not going down without a fight. >> fortunately had hey lost success in these games, but at the same time, you know, it's one win. we know what we've got. still got our work cut out for us. >> one of the best more exciting games i've ever been involved in, and -- and they found a way. >> reporter: another elimination game, matt moore taking on john lackey. john lackey is the last pitcher to beat the giants in an elimination game back in 2002, so it will be interesting to watch. reporting live at at&t, i'm mike

shumann, abc 7 news. dan, ama in. >> thank you. and our team coverage continues with abc 7 sports reporter wayne freedman. >> that's right. he's live outside the park with a story about fans and in baseball superstition wayne. >> that game last night, shu, said, had a feeling of inevitability, ten straight with their backs against the wall. inevitability, that's what fans are saying. unfortunately, for cubs fans that is what they are saying, too, but a different kind of inevitability going back to 1945. shall we explain. you've got to hand it to those cub fans. they are brash and confident, but dig a little deeper, they have a soft spot. >> we're jinxed. there's no goats in san francisco, right? >> reporter: welcome to hunter's point in the shadow of what used to be candlestick park, a company called city grazing, and today goats are bad news for cubs fans. >> and you have how many coats? >> 76. >> reporter: have you ever heard of chicago's curse of the billy goat? >> it's scary.

>> reporter: you add mitt it? >> i admit it the. >> reporter: in 19459 owner of chicago's billy goat tavern took his goat named murphy to their last world series and when the team asked him to take the goat away because fans said it smelled rumor has it is that the owner pronounced a curse that the cubs would never win again. you know, what they haven't seen a series since. now after last night's marathon five-hour and 4-minute come-from-behind fans, cubs fans are worried, so much in fact that at least one cubs fan called jeff grain at city grazing trying to rent a goat today. >> you want to transfer the curse to the giants because you're a cubs fan. >> reporter: that would be a declaration. >> i don't want to pass anything on. i'm a giants fan. no way. >> oh, come on. >> reporter: bad idea, cubs fans, because here's what happened next. jeff and his goat herder rodnell did go to the ballpark and they did walk around, not to reverse the curse but to renew it.

>> come on, really? >> reporter: yes. >> really. >> it's game four and we have come to this. >> i ain't afraid of no goat. >> reporter: no. not afraid one bit. maybe that's why as the goat went around the stadium cubs fans went in the other direction. live from mccovey cove, wayne freedm freedman, abc 7 news. >> wayne, thank you so much, and fans driving to the game, oh, they may face some sticker shock when they try to park. abc 7 news was on townsend street around noon when lots were charging $60 to $770 to park. prices usually go up even more as game time gets closer. two years ago these same lots were charging $1 to as the giants sought another world series championship. >> can you believe that. tonight's matchup is at at&t park. if the giants win and push a deciding game five, they will be back on thursday. >> and giants fans, we want to see your fan pictures. we're already getting lots of great video and pictures into our newsroom. share yours using the #abc7now

and we might just share it on air or online at abc7news.com. >> a dry night at at&t park. good for baseball, but very different later this week. >> yeah. certainly is. let's head right to spencer christian with the very latest. >> ama and dan, baseball drama and weather drama. we'll start with the baseball dra drama. it's going to be a nice night at at&t park for another really big game for the giants taking on the cubs in the nlds. gametime is 5:40 p.m. the sun will set at 6:37 -- yes, sun will set at 6:37, that's correct. it will be mostly sunny and cool a the start of the game, and it will get even cooler as the game goes on. now let's talk about our weather drama. two storms approaching us, and one of which will be our major storm. our first main storm of the -- first significant storm of this season. live doppler 7. conditions are calm right now, and here's our storm impact scale which we use to rate intensity of all approaching storms from 1 to 5, 1 being

light and 5y is veefrmt the first of the two approaching storms ranks two on the storm impact scale. a storm of moderate intensity. it will arrive late thursday night and produce quarter of an inch or more across the bay area and here's the forecast animation starting at 5:00 thursday afternoon and into friday morning about midnight. we'll see the first wave of rain pushing down south of the golden gate into san francisco and then continuing to push southward across the entire bay area by 5:00 a.m. slick roads and wet pavement for the morning commute on friday and even as it starts to wind down friday afternoon and friday evening it will still produce complications for afternoon and evening commuters, and that's just storm number one. our first significant rain of the season we have another storm coming and i'll show that you one and rainfall totals a little bit later. dan? >> spencer, thanks very much. the floodwater is still rising in north carolina tonight. this is all, of course, the aftermath of hurricane matthew. several feet of water are inundating and several dams have broken in the state. abc news reporter marci gonzalez is live with the late forest

lumberton, north carolina. marci? >> reporter: dan, lifelong residents say this is the absolute worst flooding they have ever seen. you can see this road leading into a neighborhood is completely impassable, and then right here this is one of the main drags into town, and farther down there we're told the water is at least waist high and there may still be people trapped in their homes. rescue after rescue in north carolina. more than 2,000 people pulled to safety so far. >> we'll figure that out. it's probably on home. >> reporter: in humberton an already damaging flood from hurricane matthew turning so much worse with dams and levee of s breaking sending rivers to record levels, spilling over their banks. >> it terrified me to death. i have never in my life seen so much water so quick. >> reporter: from the carolinas to virginia, water destroying homes, washing away roads.

>> this is the worst we've ever had. >> reporter: and claiming more lives. now more than 30 people killed in the u.s. by matthew and its aftermath. >> too many people have died and we don't want anymore to die. >> reporter: with some rivers expected to stay at major flood stable at least through the end of the weekend the governors of north and south carolina warn the dangers are not over. >> like what's happening in marion county where we're seeing them four feet under water and expect those things to continue over the next one to two weeks. >> reporter: and for now we're seeing the only way residents are able to get into town to check on their homes is by boat, and this isn't just impacting the local roads. i-95 which is the main interstate here on the east coast which is right behind me there is closed for several miles in both directions because of the flooding. we're live in lumberton, north carolina, marci gonzalez, abc 7 news. >> thank you, marki.

>> alameda county jail officials feel an inmate was beaten to death or strangled by his cellmate. this happened in santa rita jail in dublin. it happened while the two men fought inside their locked cell just before 9:00 this morning both of them were held in an area housing maximum security inmates with behavioral and mental health issues. the suspect is 3 years old. the victim was 56. >> six robbery suspects appeared in court today to answer accusations of pulling off a carjacking and a home invasion in danville. prosecutors say home surveillance video from another robbery in fremont helped capture these guys. police believe they are part of a gang called the swerve team. that's been part of violent crimes across the east bay. >> it really shows the focus and the premeditation, the fact that these defendants were acting in concert. they had a clear plan. everyone had a role to play in terms of making sure that they could accomplish the crime and were ready to use force if that

came to it. >> the suspects will return to court for a preliminary hearing in december and so far the same suspects haven't been linked to a robbery and shooting in orinda. >> reporter: >> in napa county the dry creek fire near yountville is now 75% contained. firefighters made a lot of progress overnight thanks in part to the weather cooperating. flames broke out yesterday afternoon and were so fierce that evacuations were ordered and roads closed. the restrictions have been lifted. it's not yet clear what started that fire. all right. coming up on "abc 7 news at 4:00," we're learning now details about the scary boat accident during fleet week festivities. could the boat owners face criminal charges? >> plus, the end of the line for the galaxy note 7. samsung pulls the plug. what to do if you still own the phone. >> and

crews are trying to figure out how to remove the wreckage of a boat that capsized over the weekend. >> now we're learning more details about the boat and its owners. vic lee joins us live with the latest. vic? >> reporter: well, the focus is

to get that boat out of the waters about 100 yards from pier 45 without causing an oil spill, and that process began today. the salvage company, the coast guard and the san francisco police marine unit are all assessing the situation. the coast guard was out in waters near pier 45 this morning making sure the capsized boat had been properly marked by the salvage company. the boat sank saturday night throwing some 30 people into the waters. all were rescued. eight people including three children were hospitalized, all since have been released. divers have sunk the boat ater the sfpd located it yesterday using sonar. the salvage team installed another buoy and checked the vessel's tanks containing an estimated 75 gallons of gasoline. the keefe cody stannard is with the coast guard management

division. >> they went down and plugged the fuel vents on that vessel so we shouldn't have any leaking. >> reporter: chief says the salvage company hopes to lift the boat right. first they have to figure out exactly how to do it. >> we need to do an investigate to see how it's seeing how it's sitting is on the bottom before you know how to salvage the vehicle. >> reporter: abc 7 contacted one of the three owners of the boat. >> is mr. bonner working here? >> no. >> reporter: the co-owner said later by phone neither he nor the others wanted to talk at this time, but the coast guard says they have been cooperating and are paying for salvage operations. the sfpd marine unit working with the coast guard is a lead agency investigating any possible criminal violations. what was the weight rating are. boat? how many people should have been on boat? any life jackets still on the boat and other sort of factors that we're looking at. >> reporter: well, police have told us they have now

interviewed all of the people on the boat as well as the boat owners. their main question is whether there was any negligence or recklessness involved. the marine unit said they captured a lot of video and cell phone images, but, of course, they would still like more from the public from the witnesses on saturday. vic lee, abc 7 news. >> hey, vic, this is the first really serious boating incident in a long time out on the bay. any consequences as a result. any extra enforcement going on? >> reporter: well, you know what, that stepped-up enforcement will start tonight at mccovey cove at the ballpark during the playoff. captain jack hart told us that the marine unit will be very visible there. they will be ready to answer any questions from boat owners as to safety and regulations. back to you. >> okay. thanks, vic. comcast reports service has been restored to bay area

customers after a hardware issue knocked out service to 42,000 customers nationwide yesterday and this morning. voice, internet and video services were offline for several hours. the company didn't give any outage numbers in the bay area. also today comcast was fined more than $2 million by the fcc for charging customers for things they never ordered, like premium channels. the creepy clown scare is now taking a toll on ronald mcdonald. today mcdonald's announced its famous mascot will keep a low profile for a while. the company didn't provide any details about how often ronald makes appearances and how that will change. the burger chain's decision comes after a rash of pranks around the country that have involved eerie clown sightings. the reports have forced police in some areas to respond. not ronald mcdonald. he's an icon. >> right. time to check on the weather. how is it going to be for fans out at the ballot park? >> big game. >> good thing it's tonight and not over the weekend because it's going to be nice and drive tonight, but we have wet weather coming our way starting friday

and continuing through the weekend. >> oh, wow. >> a live look at conditions that are nice and calm and pleasant and no hit of any rain coming our way. just a few thin whispy cirrus clouds around and lots of blue sky behind. here's a view of the blue sky with the wispy clouds from our emoriville camera looking westward. current conditions, 63 degrees in san francisco and 67 in oakland and mountianview. 61 in half moon bay. this is the view at the golden gate where we have mostly blue skies above and a few high clouds as well. 68 in santa rosa right now and 70 in napa and novato. fairfield 71 and a wider view from the east bay hills camera. two storms are approaching. you've heard that before. we'll have wind-driven rain thursday evening into friday morning and more rain arrives saturday into sunday. so let's get red for it and let me show you what's coming our way. we'll start with the wind gusts animation starting thursday

afternoon. pretty breezy then and later into the evening, notice how the winds pick up with gusts to 45 miles per hour and santa rosa. winds continue to be strong overnight with gusts by 5:00 friday morning at 5:00 right around 30 miles per hour in many locations so it's going to be wet and windy with a friday morning commute. if you're commuting friday mornings you may want to give yourself some extra time. we're projecting rainfall totals from this first storm exceeding three-quarter of an inch in the north bay and quarter of an inch and south bay will receive less than a quarter of an inch. on we go to saturday, the second storm. we're looking at 12:00 noon saturday. we'll see a rave wave of rain moving down into all parts of the bay area. pretty wet saturday evening. it will taper off from the north bay a bit early sunday morning and then rain comes back to the north bay sunday evening so it's going to be a wet spell of weather from friday right on through the weekend into early monday morning let's go to tonight's forecast animation starting at 11:00 p.m. you'll see high clouds

continuing to move through the bay area sky along with low crowds and fog coming to the coastline and reduced visibility may be an issue for early morning commuters. overnight lows will range from the upper whos in inland valleys and to low 50s. tomorrow's highs, many upper 60s around the bay and mid-70s inland and here's the accuweather seven-day forecast, so calm days tomorrow and thursday, but we're going to have wet weather and much-needed wet weather. our first significant rain of the season. storm on friday ranges two on the storm impact scale and the storm that goes saturday into sunday ranks a one. get all the latest alerts and updates with the abc 7 news a. >> thank you, spencer. >> different how? >> like a -- like a brand new bag of flour. >> a brand new show debuts tonight right here on abc 7. meet the cast of "american

and they lied about it thatfor decades.ls. now they're lying about prop 56. if you don't use tobacco, you don't pay. smokers pay - their fair share of the 3 billion in health care costs all taxpayers are paying now. and there's one more thing: our kids.

every state that's significantly raised tobacco taxes has reduced youth smoking. please. vote yes on 56. if we can save even a few lives, it's worth it. all right. a new comedy comes to abc. "american housewife" stars katie mickelson and she's been call one of the realist new moms on tv. abc new reporter george panaccio has a preview. >> reporter: katie mickelson hopes to debunk the

housewife. >> you feel different. >> different how? >> like a brand new bag of flour. >> reporter: it's my spanx. when it came to finding her perfect on-screen husband it came down to emk strem. he said when he met you had such a spark that you knew the show would go? >> i had been reading with eight guys. >> you little tramp. >> i know, i know. completely. are and it wasn't meant to be, and so the moment i saw him i really was like, it's him, because i'm such a fan, and so immediately it was just -- just an incredible connection and we were fixing to truly go in and read together, and i was like, hi and he goes hi and i'm like you're wonderful and he's -- it was quite a moment. >> you should not be allowed to wear that t-shirt. if you were a real feminism you

would rally day quill and rally like a mom would. >> there's very few actor/stars that you meet and when i met katie i got it immediately that she's a rock star and she can act and totally present and we look each other in the eye and we're acting with each other. it's a lovely thing. >> reporter: american housewife" debuts tonight at 8:30, 7:30 central here on abc. >> ben higgins and lauren bushnell found their nary tale ending on "the bachelor" and now they are looking at a real life relationship on makeing their relationsh relationship for a look into their light. >> we wanted to bring light to some. things we feel strongly about that right now are taboo and one of those things is counseling.

>> and can you watch "ben & lauren" happily every after" and disney is a parent company of free form and abc 7. coming up on "abc 7 news at 4:00," not just hillary clinton face the wrath of donald trump. >> we are going to smash the washington establishment. >> a twitter tirade from the gop nominee. he now says the shackles are off. plus -- >> voters are already link up to cast their ballots. how you can vote early where you live. >> and the investigation under way in nevada after a truck plowed right through a all of this with the global warming and the - a lot of it's a hoax. it's a hoax. it'll get cooler. it'll get warmer. it's called weather. we need some global warming! we need leaders who get it. so that we can move away from coal and oil to clean energy. i'm tom steyer. if you want to do something about climate change, you can. please. register and vote.

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woman: how do we protect them from $4 billion in new cuts to california schools? man: vote yes on proposition 55. woman: prop 55 doesn't raise taxes on anyone. man: not on working californians, not small businesses. no one. woman: instead, prop 55 simply maintains the current tax rate on the wealthiest californians. man: so those who can most afford it continue paying their fair share... woman: ...to prevent new education cuts...

man: ...and keep improving california's schools. woman: vote yes on prop 55 to help our children thrive. sgrifrks once again. here's what's making headlines at 4:30. flooding is now rising to record levels in north carolina in the aftermath of hurricane matthew. just terrible pictures coming out of the tar heel state. more than 30 people have died across five states. north carolina's governor says the next 72 hours will be critical as rivers continue to rise and levees break. in the middle of all of that cleanse. on "abc world news tonight a tweet, a north carolina trooper shot and killed an angry man who apparently pulled a gun on oefrps. in observing land, city leaders

are hoping to make a permanent program out of a reward program to help theme who report illegal dumping. abc 7 news reporter laura anthony will explain that the plight is a big problem plaguing much of the city and they are trying to deal with it now, and in san jose police are investigating the overnight homicide of a transient man. it's the ninth murder recently of a homeless man in the city. abc 7 news reporter david louie is live in san jose with the story. david? >> well, dan, so far san jose police have not been able to find a common link for these nine homeless murders in san jose. they have been able to make an arrest in only one of the nine cases so far. the latest murder happened right here in the parking lot at a lowe's home improvement store. a passer by came across a body near an suv and they suffered visible injuries and the police are not looking at the cause of death or the man's identity. the parking lot was canvas for security video but the incident was not recorded.

>> we don't have any significant information to provide or we don't have anything that would lead to us believe that any of them are connected. >> reporter: this is the ninth homicide of a homeless person in san jose this year. number 38 for the year. many at the center, a san jose shelter operated by the nonprofit agency homefirst, not aware of this latest homeless murder. joe connolly was one of them. >> this place protects them from that, and i hope there isn't smeone going around doing this to people, fanned there is i hope you guys catch them quick. >> reporter: social service agencies say the homeless will vulnerable living on the streets with evenly each other for protection and some strike out on their own. >> how do you keep your belongings safe let alone your own person safer so being homeless is not just a horribly tragic situation, it's very, very dangerous. >> reporter: seven members of an outreach team do contact homeless on the street every day providing snacks and hygiene products and an offer of a shelter bed if they want one. the center has room for 250. albert flores was homeless for

eight and a half years. he now works with a missionary group and hopes the homeless will heed his advice. >> go to a shelter. go to a shelter and get off the streets and get out of the camps and -- and get yourselves in a safe environment. >> in san jose, david louie, abc 7 news. authorities in reno are investigating why a trucks driver plowed through a crowd of native american activists yesterday. everything was caught on video. police say about 40 people were blocking virginia street in front of the city's famous arch and the video shows the driver revving his pickup truck and getting involved in a confrontation with some. protesters before driving through the crowd. one person believes it was deliberate. >> it it look like the truck was doing it -- did it feel like they were doing it intentionally? >> very much so. >> yeah. >> they sort of arrived with an antagonistic behavior. >> the truck driver stopped a few blocks away and called police to tell him his side of the story. police say he and his passengers

are cooperating. no arrests have been made. five people were hurt but thankfully none seriously. turning to your voice your vote. donald trump is not only battling with hillary clinton but he's taking on leaders from his own party just four weeks from election day. abc news reporter kenneth moten has the lateest. >> reporter: trump's twitter tirade but not against hillary clinton. >> we're in a rigged system, folks. >> reporter: donald trump set his sights on the most powerful republican in washington, house speaker paul ryan who said he wouldn't campaign for the gop nominee after his 2005 lewd comments about women came to light. trump tweeted our very weak and ineffective leader, paul ryan, a bad conference call where his members went wild at his disloyalty. >> on november 8th the arrogance of washington, d.c. will come face to face with the righteous verdict of the american voter. we are going to smash the washington establishment! >> reporter: trump also said shackles have been taken off me. >> our next president.

>> reporter: apparently so have the gloves. the trump campaign released this new video using clinton's health scare at the 9/11 memorial. >> hillary clinton doesn't have the fortitude, strength or stamina to lead in our world. >> reporter: clinton who is leading trump nationally by nine points in the latest poll took him on in battleground florida. >> i'm running against a guy who denies science, denies climate change, says it's a hoax created by the chinese! >> reporter: clinton campaigned with former vp and 2000 democratic nominee this al gore in miami while presidential pinch hitter president obama was on the ground in north carolina. house speaker paul ryan's office responded to the twitter attack saying ryan is focusing on the next month defeating democrats and all republicans running for office should probably could the same. kenneth moten, abc news, washington. early voting is getting a makeover in san francisco. abc 7 news was at city hall as the department of elections opened its new voting center. it's a big change from previous years. the staff is three times larger

and the center takes up twice the space. turnout is expected to be very high this year. >> in 2008 we had 10,000 people come down to city hall to cast ballots, and we real he lines wrapped around city hall so we're just trying to learn from the experience to make this as convenient as we can for the voters. >> the voting center saw up to 30 voters per hour today, and this is just the first day. it will also open on weekends starting october 22nd. now, we have a valuable tool at abc7news.com/politics to help you prepare for election day. lots to consider obviously. just click on your voice, your voice. voters edge election guide and enter your address, and you'll get a comprehensive resource showing you the candidates and measures on your local ballot. this is custom tailored to your needs where you live. president obama says it's time for america to take a giant step to mars. in an op-ed piece on cnn's website the president writes the ultimate goal is for humans to eventually stay on mars, quote, for an extended time.

the president writes that the u.s. is now partnering with commercial companies to build new habitats to try to send humans safely to mars within two decades. he didn't elaborate on what it will cost or how the u.s. will pay for it. in 2010 president obama set a goal to send humans to mars by the 2030s. still to come on the "abc 7 news at 4:00," samsung pulls the plug on its galaxy note 7. what you need to know if you still have the phone. >> i'm spencer christian. what a beautiful view of the western sky from the east bay hills. looks rather non-threatening now. storms on the way and i'll have the accuweather forecast coming up in just a mom we'll play something besides video games.

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this was a familiar voice and a familiar phrase on espn's "sportscenter" last night. >> that's with authority right there. >> there we go. >> hawks win. >> the giants look dead in the water. >> 4:00 p.m. anchor larry beil returned to his "huffington post"ing on the los angeles version of "sportscenter" along with his buddy neil everett. he worked at espn for several years before coming back to abc 1 in the late '90s. if you missed him catch him live tonight from los angeles. >> very cool. way to go. fun to watch. >> yeah. >> let's update the weather forecast. >> changing. >> spencer is here with what's to come. hi, spencer. >> we'll do this with authority. live doppler 7. lots of high clouds around and

still a very bright afternoon across the bay area and lots of sunshine there. tomorrow will be another day much like today with a few high clouds. a few low clouds near the coast, but it will be generally sunny and relatively mild. highs will range from low 60s at the coast tomorrow to upper 60s right around the bay and low to mid-70s inland and things are going to change shortly after that because later in the week we have rain coming our way in two doses. a look at rain chances for the south bay. 60% chance on thursday and a 990% chance on friday when all of the bay area is likely to get pretty good dose of wet weather. evenly 40% chance in the south bay of rain and into sunday when the chances increase for the entire region, a 70% chance for the south bay. here's a look at the accuweather seven-day forecast. so much rain coming our way i couldn't even describe it. it's going to be a period of wet weather beginning late thursday night. the storm that comes in on friday ranks number two on our storm impact scale. a storm of moderate intensity and the storm that follows over

the weekend will bring rain on saturday and sunday and ranks 1 on the impact scale. a lighter storm but it will add to the rainfall totals which is good. we need the totals up, up, up. >> like to see them coming one after the next. >> thanks, spencer. >> all right. >> think a good workout can help cool your head. might want to think again. why working out angry could actually put you at risk. >> i'm 7 on your side's "mmicha finney. what comcast is doing and what is changing now? >> abc 7 is celebrating hispanic heritage month with posts to our instagram feed. beginning this week celebrate the mexican day of the dead holiday by experiencing teatro vision production and it returns at the mexican heritage plaza on thursday.

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- ♪ bargain market ... now it's stuck in my head. samsung is pulling the block on the galaxy note seven because several of the replacement phones caught fire. they are joining customers not to use them. nbc 7's elizabeth hur has the

detail. >> if you own a samsung galaxy note 7 a warning from company and u.s. regulators. power down and stop using your phone immediately. even if you have the new replacement phone. >> i saw smoke and i threw it on the floor. >> started to smoke, sizzle and burn. >> samsung making the decision after at least five fires involving the replacement device. >> look over and my phone is on fire. >> it popped and it sizzled you could say even. >> samsung is also asking all carriers to stop seams and exchanges while the company investigates, but even before that call, all four major cell phone carriers made that move, suspending sales and exchanges of the new known that were supposed to be safer as the original note 7 was recalled following nearly 100 reported fires. >>-ins as black eye for the recall system and samsung needs to step up now and fix it. >> the tech joint says it's

working with relevant regulatory bodies to investigate the recently reported cases to fully understand what is causing these problems. >> so if you have one of these phones, whether it's the original or the replacement this is what you need to know. when flying, the faa will allow you to carry it on but you must keep it turned off, but right now samsung is recommending that you just take it back to your carrier and exchange it for a different device. elizabeth hur, abc news, new york. >> a lot of samsung's money was on the line at the u.s. supreme court today. the company tried to convince justices it should not have to pay the $400 million judgment award to apple for copying parts of the iphone's patent and design. samsung argued that the 18th century law used to find it guilty is outdated. >> comcast will pay a big fine for paying for services they never ordered. >> michael finney is here with details. >> all coming from the federal

communications commission. it says comcast will pay a fine of $2.3 million. the feds accuse comcast of charging its subscribers for services and equipment they never ordered. those customers then had to dispute the charges to get it removed from the bill. comcast told 7 on your side is working hard to improve service and agree problems need to be fixed and many of the solutions offered were already being implemented before this investigation began. a big comeback for the consumer watchdog. i should say a big setback for the consumer watchdog that uncovered the billing scandal at wells fargo bank. a federal appeals court has ruled the consumer financial protection bureau has too much power because rules limit the president's authority to remove its director. the court ruled the cfpb can continue functioning but must be restructured. the agency got its start in the aftermath of the mortgage meltdown during a great recession and the ruling is seen as a victory for banks and other

financial institutions who have been fined tens of millions of dollars by the bureau. you'll be paying a lot more for avocados. the price has gone up more than double during the past year. suppliers are paying the highest prices that they have paid in three decades. the bad growing season has caused a critical shortage and is blamed for the high prices. adding to the problem, mexican growers are suspected of holding back on shipments to try to get even more money. the current average sale price of an avocado nationwide is $1.04. that's a lot of money for an avocado. >> sure is. thanks, mike, so much. >> sure. many people have dismissed the pokemon go craze. that's a silly distraction. a new distraction suggesstudy s good for your health. players of the game take 26% more step and pokemon go changed the activity level of its users

more than other apps. a big meat company is investing in a meatless startup. and if you're mad you may want to wait to hit the gym. >> reporter: tyson foods is investing in the meatless starred youth beyond meat. the poultry meat company took a 5% stake in the-maker and seller of plant-based burger patties that seem to replicate the taste and sizzle of ground beef. new research suggests there may be better or worse times to exercise and extreme anger during work out can trigger harm. a large international study ties heavy exertion while stressed or mad to a tripled risk of having a heart attack within an hour. being angry or upset doubled the risk of suffering a heart attack symptom and within an hour heavy physical exertion did the same and having both at the same time more than tripled the risk. drug companies coming under fire again for pricing. this time from a california prosecutor. he says a handful of drug companies paid to delay a generic competitor to their cholesterol drugs.

the suit alleges teva pharmaceuticals, abbott labbed and bar pharmaceuticals all engage in a ten-year scheme to keep an affordable version. cholesterol treatment nyaspan off the market. brain exercises don't live up to the hype. a wide ranging view of brain training published in the journal psychological science and the public interest found computerized brain training exercises and games did not improve overall cognitive function. duke and columbia university are planning a follow-up study that will compare computerized brain training with crosswood puzzles to evaluate their role in dementia prevention. >> from the nasdaq i'm jane king. here's to your health. >> rod stewart you wear it well. stewart became the latest british rock legend to be knighted. prince william performed the honor today at buckingham palace. he wore tartan trousers and a scarlet-trimmed military-style tunic. the raspy-voiced singer of "maggie may" and "do you think

i'm sexy" and so many great tunes was honored for his services to music and charity. the 71-year-old star will be able to call himself sir roderick david stewart. that's cool. "abc 7 news at 4:00" continues. up next, an unlucky turn for one of the bay area's lockiest sports to buy lottery tickets. why they are closing their doors. >> a prominent san francisco attorney is now having to defend himself. why he's accused of wronging some of his clients. also -- >> 100% ready to go. >> he made headlines for his sideline protest and now colin kaepernick is getting back in the game. >> and best weapon to fight the flu. some advice before you get that flu shot.

they prey on our children, spending billions. addicting 17,000 california kids each year. eventually killing one-third of them. now tobacco companies are spending millions to... defeat prop 56. because in every state that's raised tobacco taxes, smoking rates go down. so who are you going to trust? pediatricians, cancer groups and the califronia pta who all... support prop 56. or the tobacco companies trying to kill it. vote yes on 56.

coming up tonight on "abc 7 at 8:00, it's "the milled" followed by the debut of "american housewife" and at 9:00 "fresh off the pote" and then

"the real o'neills" and then, of course, don't miss abc 7 news at 11:00. cavanagh liquors is known as a lottery hot spot, a place where more than one person has become a lottery millionaire. >> but for the owners their luck has run out. as melanie woodrow explains they are being forced to close. >> spirits are 50% off but the lines at cavanagh liquors are mostly to cash in on something else. >> it's a lucky store. >> past big lotto winners are prominently displayed but here size doesn't seem to matter. if it's not daily it's millions. >> we'll see you soon. >> reporter: why would this lucky retailer close up shop? >> the property was cold. the land was sold and the new own verse an idea and they want us gone. >> reporter: no one here seems

to know what's next. >> talk. town. traders joseph. probably another in or out. >> loyal customers and first timers are making sure they get it. >> what is so lucky about this place? >> i'm trying to find out. i hope something here tells me. >> what's your theory? >> how long we eve been here that we're all -- we just love what we're doing. >> maybe that's the secret to more than 50 years of success. >> we need a big bang before we go. >> you know, let me take one. >> reporter: based on history cavanagh liquors is due to make one more dream come true. >> cavanagh liquors will close november 30th. everything could be sold out before then. in san lorenzo melanie woodrow. abc 7 news. >> all right. well, thank you so much for joining us for "abc 7 news at 4:00 today."

i'm

i don't like to walk around at night. >> close to home, a violent robbery was captured on video and people in this neighborhood say they feel defenseless. a knife attack, gunfire and a police dog that was injured. the chaotic scene in concord that played out when officers caught up with the stabbing suspect. >> a prominent san francisco attorney is now defending himself. why he's accused of wronging some of his clients. >> had a huge impact on a lot of people's minds. >> colin kaepernick talks about his stand for justice as he gets set to get back in the game. >> i'm spencer christian. the bay area's first significant rain of the season is on the way. i'm tracking the storm and i'll give you a close-up view. >> an east bay couple is held up

just outside their front door. >> the armed duo is accused of other similar crimes, and this piece of evidence could lead to their capture. good evening and thank you for joining us. i'm ama daetz in for krintsy. >> and i'm dan ashley. thanks for being here. neighbors were aware that robbery took place and people don't feel safe. >> the robbery took place near east 16th street and 33rd avenue. >> abc 7 news reporter laura anthony has details on the investigation and is reporting live. laura? >> reporter: hi, dan. well, police here are still trying to figure out if this still was responsible for any other crimes in the east bay, and they welcome any leads from the public. a hard video to watch and even more so when you learned that this attack happened on the victim's 77th birthday. >> it's a vicious crime that happened in broad daylight to an elderly couple as they were getting into the car in the fruit vail neighborhood that they lived in