right now there's a manhunt in san francisco and a school on lockdown. sky 7 is above breaking news at june jordan school for equity where police are looking for a shooter. there's at least one victim. authorities haven't said who the victims are. the shooting happened just after 3:00 this afternoon less than a block away from the school at brazil and la grand avenues. we're going stay on top of this breaking news on the abc 7 news app, and if you download, it be sure tone able the push alerts so you'll get updates on your mobile device just as soon as they are available. good afternoon, everybody. i'm larry beil. >> and i'm ama daetz. now to new details today about a man killed trying to stop a palette thief outside his san leandro workplace. >> 54-year-old takeshi

was killed after trying to stop a man from stealing the palettes. the latest now on this investigation. >> reporter: police officers are calling the circumstances gut-wrenching. they say the victim was a longtime san leandro resident who worked hard and was trying to do the right thing when he was killed. this is the man police say was senselessly killed while trying to stop a crime at his workplace. 54-year-old takeshi watanabe of san leandro. he worked at true world foods on williams street for 23 years and died while confronting a man stealing palettes from the employee parking lot. witnesses told police watanabe banged his fists on the hood of the truck to stop the driver when the suspect hit the gas instead. 27-year-old kadeem edwards of richmond was arrested on

suspicion of murder. >> the witness statements as well as the surveillance video show that kadeem edwards intentionally drove over mr. takeshi and fled the scene without stopping, without looking back. >> reporter: police say palette theft is common in industrial areas with some recycle yards paying up to $5 for just one. oakland police spotted edwards by one of the recycle centers in east oakland. he ran, and they found him hiding under a car. i went by watanabe's apartment, but his wife did not want to talk. co-workers placed flowers in the parking lot where he lost his life. >> he stood up for what was right, and he stood up to protect true world foods, even though it was wooden palettes, he did what he thought was right and in doing so tragically lost his life yesterday. truly a senseless act. >> reporter: friends rather watanabe as a father and scout leader. his church started a crowdfunding site to raise money for his family.

edwards is being held at the santa rita jail on no bail and is expected it in court on thursday. elissa harrington, abc 7 news. >> so sad. an investigation is under way into a horrific crash in marin county to the. three young people are dead after their car slammed into a troe and it split that vehicle in half. this happened on sir francis drake before. the victims identified as 18-year-old chance mauer, 18-year-old lancelot argall and his brother 20-year-old chancellor. abc 7 news reporter amy hollyfield shows us what happened here >> reporter: scene even shocked chp officers, a toyota corolla torn apart with three dead men inside. >> one of the nastier ones. we don't see this a lot out here but it does happen from time to time >> reporter: car was discovered on a rural two-lane section of sir francis drake boulevard in western marin county. the call came in around midnight, but no one knows how long it had been there. >> no one had seen it happen.

a passerby just happened upon it and called 911. >> reporter: officers say there were no obvious signs the driver had been drinking, no bottles of alcohol in the car and they will do toxicology tests to see if drugs or alcohol were in his system. investigators say it looks like the car hit a pole and some trees at a high rate of speed. >> it appears that speed may be factor, so that is definitely something we're looking into. if that's the case, it could just be an instant of taking the turn too fast, but, again, this is all preliminary. it's a tragic situation. it's something that we never want to have to respond to. no emergency personnel fwoont ha -- want to respond to something like this >> reporter: victims had on their seat belt but it wasn't enough to save them. it appears the car was traveling westbound and crossed over the estbound lane and then off the road. again, they don't know why. amy hollyfield, abc newscente7 >> reporter: two pedestrians

suffered serious injury when they tried to cross the highway and caused . a person was injured when fire swept through a residential building in san jose this morning. sky 7 was at east julian and seventh streets as firefighters fought the blaze from the roof. it took about 45 minutes to bring it under control. firefighters searched the building for possible victims who may have been trapped inside. the red cross is helping residents who have been displaced by that fire. the college of san mateo football player is going to be spending weekends in jail for failing to comply with terms of his probatio. >> keenan smith had pleaded guilty to assaulting his girlfriend last year. the case has brought new attention to the judge aaron persky who had sentenced stanford swimmer brock turner to

six months in jail for rape. david louie with more >> reporter: critics of judge persky say this is an example of a lenient sentence given to someone who pleaded guilty to domestic violence and assault, and in an exchange for a longer jail term, he was given the opportunity to do community service on the weekend, but he failed to appear twice. >> 20-year-old keenan smith, seen here on the right as he arrived at the courthouse, was accused of violating probation for failing to appear twice for community work duties part of a plea deal for assaulting his girlfriend last year. he was ordered to spend eight weekends in jail as punishment, starting in december and then to complete a year's worth of domestic violence classes. >> it will let mr. smith get the time done in a timely fashion. it will make it easier for him and then to start the domestic violence classes for the rehabilitation part of his sentence >> reporter: case is in the spotlight because of law professor michelle dawber who blames judge aaron persky for approving a plea deal that allows smith to continue playing football at the college of san

mateo. dawner is leading a recall campaign to unseat the judge. >> judge persky clearly sent a message that football was more important than violence against women. >> reporter: however, attorneys representing keenan smith say dawber is wrong to point the finger at judge persky for the plea deal. >> when the defense and prosecution have an agreement, it's very rare that a judge will step in and what we call bust the plea because that would cause court congestion so he did not bust the plea. >> reporter: professor dawber it was judge persky who had the ultimate responsibility to ensure that the sentence was fair and primpt pleat deal, she said did, not take into account the violence against smith's victims. police say smith knocked his girlfriend to the ground at this parking lot and punched a bystander unconscious who tried to intervene. in palo alto, david louie, abc 7 news. san francisco may cut ties with wells fargo. abc 7 news was at city hall and supervisor john avalos entered

legislation to end all dealings with the bank. the resolution would urge the district attorney to open a criminal investigation into former ceo john stumpf and rename wells fargo plaza at sf general. a wells fargo spokesperson says the bank, quote, is committed to fix what went wrong and restore the public trust. all right. we'll start with live doppler 7 showing clear skies all across the bay area as we move into a mid-week warmup. here's a look at our 24-hour temperature exchange. there hasn't been a lot of change near the coast and bay. maybe one or two degrees warmer than this hour yesterday, but look at the inland locations as you go part north and east. can you see it's three to seven. let's check out current conditions as we look out over the bay from our rooftop camera here at abc 7. it's 65 in san francisco and 69 right now in oakland. san jose is 71 and 72 at gilroy and 63 at half moon bay. golden gate, currently 75

degrees in napa and all the other locations here, santa rosa, nevada and fairfield, concord and livermore either at 72 or 73 degrees. i'm showing you this hanmation to show you the almost complete absence of low clouds and nothing during the overnight hours. we'll have a cooldown overnight and a warmup tomorrow, and can you follow the changing temperatures, the downward trend tonight and upward trend tomorrow with the abc 7 news app. i'll have the seven-day forecast for new just a few minutes. larry and ama? >> see you then. the cole enkaepernick national anthem protest has now found an artistic outlet in san francisco. >> abc 7 news anchor kristen sze is here with video of a new mural in the mission district. >> you know the controversiy sa francisco quarterback colin kaepernick sitting and then feeling before the national anthem protesting police brutality but have you seen this on the side of a building at 15th and mission at san francisco, a neighborhood known for its murals. kaepernick is kneeling with frisco and the bay behind him as

backdrop. you can see someone paint it had over an existing mural showing trees. that one was actually commissioned by the building's new tenant and today she says she likes the unauthorized kaepernick image though not everyone does. >> i appreciate peaceful protest. and i think -- i think art is a fantastic way for people to express themselves. >> i don't go for that. i'm a vietnam vet. i think he should respect the flag and respect your country. >> another mural supporting kaepernick went up in oakland about three weeks ago at 22nd and telegraph. its message. we got your back. as for the new one in the mission, we all know about the artist. we know that he's got the signature dino. how long the mural will stay, well, that mart is a question mark. larry and ama? >> thank you. the city of vallejo is asking some residents to boil their water until further notice. city officials want neighbors in the green valley region to boil their tap water for drinking,

for preparing food as well as brushing their teeth. either that or they say use bottled water. yesterday crews newnoticed a split in the distribution pipeline leaving the green valley pipeline. that type has been repaired and they are awaiting results from water quality testing. >> coming up at 4:00, donald trump is taking aim at a new target today. >> he maybe wants to run in four years or maybe he doesn't know how to win. >> trump's growing battle with speaker of the house paul ryan. and the bay-year connection to president obama's final state dinner tonight at the white house. plus, putting the final touches on this 455-foot statue in san leandro and why it's so controversial.

election day is three weeks from today and there are very different strategies on the campaign trail. donald trump is still talking about fraud at the polls while hillary clinton is facing new accusations about e-mails. here's the latest. >> reporter: three weeks until election day, and donald trump continues to stir up doubts about integrity at the polls. >> more than 1.8 million

deceased individuals right now are listed as voters. oh, that's wonderful. >> reporter: president obama in the rose garden today blasting trump for his constant talk of a rigged election saying it's not based on facts and it calls into question trump's toughness to be president. >> i would advise mr. trump to stop whining and go try to make his case to get votes. >> reporter: in an interview with abc, trump went after house speaker paul ryan who he says could be more supportive. >> you think he wants you to win? >> well, maybe not because maybe he wants to run in four years or maybe he doesn't know how to win. >> reporter: hillary clinton is spending another day prepping for tomorrow's debate. her campaign is dealing with what republicans are calling a bombshell. in newly released notes from fbi interviews about clinton's private server an fbi staffer accuses a top state department official of pressuring the bureau to declassify an e-mail found on that server. the fbi staffer telling investigators the request amounted to a, quote, quid pro

quo, adding in exchange for marking the e-mail unclassified, state would reciprocate by allowing the fbi to place more agents in countries where they are presently forbidden. the fbi and state department say the deal never happened. there was no quid pro quo, and the e-mail in question remained classified. still, there is a dispute about who said what. the fbi notes show it was one of their officials who first raised the idea of about more agents in iraq. karen travers, abc news, washington. and the third and final presidential debate airs tomorrow night here on abc 7. it will be live from the university of nevada las vegas. you can watch complete coverage at 6:00 here on abc 7. and we have a valuable tool at abc7news.com/politics to help you prepare for election day. all you have to do is click on the your voice, your vote voters edge election guide icon. enter your address. you'll get a comprehensive resource showing you all the candidates and measures on your local ballot.

you can even create a list with your choices to help you keep track of your own personal ballot. now, you just knew this was bound to happen. weeks after a naked donald trump statue popped up, now a naked hillary clinton statue has emerged. the statue appeared outside a subway station today in lower manhattan. the artist replaced clinton's legs with hooves. there's also a man peering out from behind. not immediately clear who created this statue but it certainly caused quite a stir. to see more images of the statue go to abc7news.com and here's the trump statue we talked about. this one appeared in san francisco's castro district back on august the 18th and was taken down the next day. remains in possession of the city. similar ones went up in new york, seattle and cleveland. the president and first lady are getting ready for their 13th and final state dinner. the guest of honor sitly's prime minister. this morning prime minister mateo renzi arrived for the grand ceremony on the white

house lawn. celebrity chef mario balotelli is in charge of tonight's dinner. michelle obama personally approved all three courses. so what's on the menu? well, the main course includes beef braciole pinwheel with horseradish gremolata. for dessert green apple crostata with thyme, caramel and buttermilk gelato. they will use fresh fruits and veggies from the white house garden. bay area rockers journey and two pack shakur have been nominated for this year's rock 'n' roll hall of name. this is journey's first nomination, if you can believe it despite selling 90 million records worldwide and having 18 top 40 singles, a lot of names on the nomination list would you recognize from queen of folk joan baze to janet jackson and pearl jam >> should have been in there long ago. >> one would think. >> time for our weather hall of

famer. >> yeah. >> they should have a weather hall of fame, don't you think? >> i think they should. i'm waiting for my statue and posing for it right now. hey, great weather coming our way. a nice mid-week warmup will feel almost like summer for a few days and then maybe some rain early next week. live doppler 7 across the bay area. our skies will remain clear all night. there's not a hint of any low cloudiness or fog coming our way tonight. here's a view from mt. tam of blue sky over the bay with just a few light scattered clouds around, and these are our forecast features. we'll see sunny and warmer day through friday and turning cool they are weekend as a few more clouds come into the bay area and the showers are possible by sunday. in fact, we'll have a period of unsettled weather going into early next week which could produce showers two or three days in a row. overnight no showers tonight with clear skies and cool temperatures and low temperatures in the low to upper 40s in the inland valleys and lows in the 40s and low to mid-50s near the bay, and then tomorrow sunny skies once again

with highs ranging from mid to upper 60s at the coast to low and mid-70s right around the bay and supper 70s to near 80 in our warmest inland locations tomorrow. our temperature -- our high temperature trend over the next couple of days will be an up ward trend. on thursday highs in the inland areas in the low to mid-80s. we'll see near 80 degrees around the bay and near 70 on the coast. that warmth will hold on through friday, maybe a degree or two warmer and a degree or two cooler and that's when the unsettled pattern begins and could generate showers monday or tuesday. skip ahead to tuesday next week. we'll see clouds thickening and hints of rain trying to push into the north bay by tuesday night and then the rain will arrive in a more widespread fashion by wednesday and continue through the day on wednesday. at least that's what the models are showing right now. if this forecast holds up, this outlook holds up, we can have a pretty wet day next wednesday. here's the accuweather seven-day forecast. look for highs near 80 inland

tomorrow and temperatures will peak on thursday and drop-off just a couple of degrees on friday and friday is going to be a mild to warm day as well. little cooler on saturday as clouds begin to increase. we will see even cloudier skies on sunday as the slight chance of rain on monday. mainly the north bay and then an unsettled pattern becomes more unsettled just as i am right now on tuesday with a chance of showers tuesday into wednesday. >> all right. thank you, spencer. >> got in to get settled here. >> all right. coming up, san leandro's controversial art installation. why so many people are upset. >> and a bay area farm helps to celebrate 350 years of charlie brown's popular halloween cartoon.

a revealing sculpture is raising eyebrows in the east bay. sky 7 was above the san leandro campus where the sculpture truth is beauty will be officially unveiled during the campus' grand opening. the 55-foot naked woman can be seen by b.a.r.t. passengers at the san leandro station. some think a giant naked woman is just a bit too much. the city says truth in beauty is an emblem of the transformation of san leandro as a center of technology, innovation and human potential. corn maes mazes are all ar the country this time of year. peanuts is celebrating the 50th anniversary of "it's the great pumpkin, charlie brown" by creating peanuts-themed mazes

across the country. sky 7 flew over this one in livermore. see the maze and all the characters. remember "it's the great pumpkin charlie brown" airs tomorrow night followed by "toy story of terror" at 8:30 right here on abc 7. if you've ever felt like the whole world was skinnier, more popular and more well rested than you, welcome could my life for one, but we might have a show for you. >> momma cat said where's patches? >> daddy does voices. >> and he also gets ten hours of sleep a night. >> a little harsh. in tonight's episode of "american housewife" all katie otto wants is a nap. everybody in her life is preventing that nap and successfully -- or successively more annoying ways and reggie o'keefe from abc 7 mornings talked with the star katie mickelson. >> i thought i'm not a house wife or woman and will this funny to me and it was hilarious to me and everyone can understand not being perfect. >> right, reggie. that is what i've been telling

everybody. it's literally -- it doesn't matter what gennadier you are or where you come from. everybody's got their westport, connecticut and it's truly about meeting yourself where you're at, walking into the fire and coming out on the other end celebrating yourself. >> you can catch "american housewife" tonight at 8:30 right here on abc 7. coming up here on "abc 7 news at 4:00" stepping up the fight against isis. the battle to regain mosul and why u.s. officials say it's going to be a long fight. new recommendations for utilities after that natural gas blowout that sent gas spewing into the air for months in southern california. remembering the black panthers 50 years after the civil rights group was creed

here's a look at the news making headlines at 4:30. today police identified takeshi watanabe as the man who was run down in san leandro. the city was trying to stop a man who was driving a truck from stealing wooden palettes off of a loading dock. police tracked down and arrested 27-year-old kadeem edwards. world news tweeted out a photo of a man rescued from his own chimney in arizona. you can see him there. he's covered in soot. he was stuck inside the chimney for four hours. the man said he was locked out of his home and thought he could

fit down the chimney chute. san francisco supervisors are recreating this photo that vic lee tweeted which was shot back in 1916. this is part of a centennial celebration. vic shows you today's recreation coming up at 5:00. and we're following the breaking news out of san francisco where police are looking for a gunman near a school. at least one person was hurt. abc 7 news reporter melanie woodrow will have a live report coming up in just a few minutes. a white house task force is recommending robust safety procedures to curtail leaks from the nation's 400 underground natural gas storage wells. the report comes a year after a leak well near los angeles spewed natural gas for nearly four months driving thousands from their homes. the report recommends operators of gas storage facilities conduct strict risk assessments and develop strong safety procedures. this includes ensuring that wells have backed up systems to contain gas flows in the event

of a leak. improving weather conditions are helping firefighters slow the spread of a massive wildfire in southern colorado. the blaze started yesterday morning east of the small town of west cliff, that's 75 miles south of colorado springs, and this is unbelieve. a fierce winds pushed this fire across 24 square miles in less than a day destroying two homes in the process. authorities ordered residents of 175 homes to evacuate while residents of 70 others are being told to get ready to least. the cause of this fire is under investigation. in the fight against isis, the battle by iraqi and kurdish forces is ramping up to push the terror group out of its last stronghold in iraq. today u.s. officials made it clear it will be a long and tough fight. abc 7 news reporter elizabeth hur is in new york with the details. >> reporter: iraqi and kurdish troops on the move pushing towards mosul with the ultimate aim to remove and defeat isis from iraq, but isis is fighting

back, not only with suicide bombers but also with propaganda, releasing these images trying to portray life in mosul as norm a. yet signs of the terror group retreating are emerging with the discovery of this tunnel believed to be used as hiding spots for isis militants. meanwhile, pentagon officials now reveal some 100 american advise remembers on the ground assisting. >> it is iraqis who are doing the fighting, and they are performing effectively and bravely. >> reporter: iraqi troops are dropping leaflets to warn residents to stay out of isis positions. since isis took over mosul two years ago many fled the city, including this man who smoke to abc news. >> what has life been like in mosul? >> no food, no security, many people murdered. many houses are destroyed. >> reporter: but mosul is still

home to more than a million people. their future, according to humanitarian officials, daunting. >> the offensive to take mosul to produce a humanitarian catastrophe resulting in one of the largest manmade displacement crises in recent years. >> reporter: knowing this u.n. officials say they are scrambling right now because the shelter space they have can only house about 10% of the people expected to flee mosul. elizabeth hur, abc news, new york. another powerful typhoon is closing in on the philippines. haima is expected to hit the northern island of lausanne with winds of 150 miles per hour. it will be the second typhoon to hit the philippines this week. another typhoon crossed manila on sunday. cleanup is still under way from hurricane matthew which hit the atlantic coast more than a week ago. damage expected to reach into the billions. thousands still without power or even a roof over their heads and

abc 7 is proud to be teaming up with stations across the country for a marathon food drive today. our sister station in raleigh, north carolina, kicked off a 15-hour food drive this morning. there are -- they are trying to fill several trucks full of food. go to abcnews.com. every single dollar helps. no amount is too small. a backpack giveaway is under way in the bay area. this isn't for students. it's for the homeless. abc 7 news was near san francisco's main library as city pack handed out the backpacks. they were designed specifically for people living on the streets. they have anti-theft loops so they can't be stolen while someone sleeps and comes with a poncho, they are water resistant and have a waterproof pocket inside to store important paperwork and identification. >> it creates a sense of dignity for someone to be able to carry all their belongings in something that was made specifically for them. there's so few things that are made for the homeless.

>> they will hand out 1,000 of the backpacks over the next week in san francisco and oakland. still to come, an unprecedented view of mars. and the new concussion rules. the surprising thing doctors say athletes should do after they suffer a head injury. i'm spencer christian from the east bay hills. looking at the western sky, and it looks like another golden sunset will be when mexico sends its people... they're bringing crime, they're rapists. are you going to have a massive deportation force? you're going to have a deportation force. we're rounding 'em up in a very humane way, in a very nice way. we're going to build a wall. that's not america. we're all californians. i'm tom steyer. it's time to speak out. please, register. and vote. vote. nextgen california action committee is responsible for the content of this advertising.

there's a manhunt in san francisco right now in a school that's on lockdown. >> yeah. it's happening near june jordan school in the excelsior district. abc 7 news reporter melanie woodrow is live with us with the late. melanie. >> reporter: well, can you imagine how horrifying this is for both students and parents. the shooting happening just aft and as you said this is overhead june jordan high school. calls came in about 3:18, just when students are getting out of school. we have heard that the school had been put on lockdown for a time, but we've been talking to students so it's unclear whether or not that lockdown was lifted or the students may have exited the building for the day prior to the shooting happening. some students described to us they saw what they looked like a group of students, possibly not who ran up the street and seemed to be waiting for a student. one of the individuals we spoke to said that he believes the student who was shot was either a freshman or a sophomore female

classmate. students we talked to described what they saw and heard. >> there is a group of eight students that from down there they came up running all over here and they started hiding over there by the trees over there, and then they were just waiting for the person to come out. i don't know who -- who the person that got shot was. we saw they were hiding by the cars and by the trees. >> the shooting went on here in the parking lot or near the stairs. i saw people running through the hallway. i thought it was a joke. i thought it was a prank, something was going on, but by the look on everybody's face that's just something you can't fa fake. >> and you hear about stunts saying you can't fake the fear in the students' faces. we know that san francisco police have tweeted out there that there is a shelter in place and we believe at this hour that they are still searching for a suspect or suspects. police have said that they will be having a press conference here and we're waiting for that

to happen any moment. of course, we'll bring you the latest details both on air and online. line in san francisco, melanie woodruff, abc 7 news. >> thanks for that update. now your accuweather forecast with spencer christian. >> starting with live doppler 7 showing sunny skies across the bay area. right now several sunny days coming our way. no low clouds or high clouds in sight. tomorrow will be sin and mild to warm with highs on the coast in the upper 60s, mid to upper 70s around the bay and up to near 80 and the warmest inland locations and our high temperature trend in san jose over the week ahead reflects what the entire bay area can expect. tomorrow high temperature in san jose will reach 77 degrees about, 3 degrees average for this time of year and even higher hon thursday. coming down a degree or so on friday. that's pretty much the trend we'll all see and most areas we'll see temperatures drop slightly below average as clouds thicken and early next week we may get a little rain. forecast animation starting at

5:00 a.m. next tuesday. it looks like had a little hit or miss shower activity and overnight next tuesday night into wednesday looks like a nice little blanket of rain may descend on the bay area, and we have some more wet weather or at least unsettled weather coming our way so it's that time of the year. it looks like the rainy season is going to be rain they year. >> that's good. thanks, spencer. still ahead on "abc 7 news at 4:00," pro athletes melt down on the tennis court and tantrum seen around the world and how it can actually be used to help your kids. i'm 7 on your side's michael finney, an historic increase in social security benefi

because shevery year. ow that it kills 40,000 californians... because she doesn't understand what cancer is. because she can't spell emphysema. because she is a butterfly, who fights fires. because she is my daughter, and the surgeon general says that raising tobacco taxes... is a proven way to make sure she never smokes. that's why i'm voting yes on 56. afoot and light-hearted i take to the open road. healthy, free, the world before me, the long brown path before me leading wherever i choose. the east and the west are mine. the north and the south are mine. all seems beautiful to me.

now an unprecedented view of mars in the state. the maven mission colors were tweaked to show an ultraviolet glow from the martial atmosphere. night glow is a common planetary phenomenon in which the sky faintly glows even in the complete absence of external light. the white images that appear and disappear show clouds forming over mars' prominent volcanoes. >> very cool. a well-known professional tennis player and one of the sport's rising stars is getting a major punishment for his bad

attitude on the court. jessica castro with abc 7 morning's takes a closer look. >> reporter: unsportsmanlike, no question about it. nick kyrgios was suspended for the rest of the season in an example to other athletes and parents and perhaps a good teaching moment for your rising tennis star at home. australian tennis pro nick kyrgiakos totally gave up at the shanghai masters last week and showed little to no effort losing straight sets 3-6, 1-6. take a look. actually some people can't even watch. >> well, your first reaction is one of disgust and disdain, okay, but then when you take a step back, i think you have to realize that this really in a lot of ways from kyrgiakos was a cry for help. >> he barely tapped his ball over the net and yelled at people in the stands and the chair umpire. >> the atp tour did the right thing.

he could be a grand slam champion if he gets his act together >> reporter: atp decided they would reduce the suspension if the tennis star sees a sports psychologist and it could still give him a chance to start next year at the australian open. kyrgios was also find yesterday an extra $25,000 for conduct detrimental to the game. >> he needs to understand that there are consequences for his actions. >> yeah. >> but he also needs to understand, we need to understand in the tennis world that this guy needs some help. >> reporter: not surprising for kids to throw a temper tantrum but rarely do we see a professional athlete do something like this. kyrgios is ranked 14th in the world. he has since apologized to fans. in the studio, jessica cass have to, abc 7 news. >> glad to hear he at least apologized after because in the immediate news conference after the match, a reporter asked what do you say to the fans. >> right. >> and he said i don't say anything to them. you know, they know sometimes i'm up and sometimes i'm down and this is just the way i am. i mean, he's so immature.

such a talent, but part of being professional, not just the definition you get paid to play. you actually have to be a professional. >> exactly. >> and approach it like a craft, like you care about it. he's such a talented player, but, man, he's got a lot of work to do upstairs. >> absolutely. >> all right. well, the judge in the recent vw diesel scandal is signaling he's ready to approve a settlement. >> 7 on your side's michael finney is here with the details. >> and soon, soon it looks like. it is a huge amount of money, but is it enough? vw has agreed to spend more than $10 billion to buy back 475,000 vehicles. there are concerns, however, that it isn't enough money. the judge heard arguments today that when the costs of extended warranties and government fees and other expenses are added in, $10 billion is not enough. a final ruling is expected before the end of the month. if you receive social security benefits don't expect a big bump

in your monthly check next year. the feds announced today the average benefits check will go up less than $5 a month. you may remember that the amount is tied to the cost of living. well, what little extra money recipients are getting will likely be eaten up by a rise in the cost of medicare "part "b" premiums. more than one-third of recipients will see their premiums jump an average of $32 a month. the average monthly premium will be $149. the nursing home industry has filed a lawsuit to stop residents from suing them. last month federal regulators banned long-term care facilities from forcing residents into binding arbitration. the lawsuit filed in federal court in mississippi by the american health care association says the new rules exceed the fed's authority. consumer advocates say arbitration is stacked in favor of the industry. >> now, i want to hear from you, the 7 on your side hotline is open monday through friday from

10:00 a.m. to 2:00 p.m. the number 415-954-8151. you can also reach me hon my facebook page and through abc7news.com. all right. thank you, michael. >> sure. in today's wellness report, the most popular foods on twitter and what they tell us about our health. and there's new thinking regarding treatment for concussions. here's jane king. >> reporter: a growing body of evidence is calling into question the long-held belief that rest is needed for concussions. "wall street journal" says more concussion specialists are encouraging patients to gradually resume normal activities as long as symptoms don't worsen. newer studies are finding resuming normal activities, call active re iive rehabilitation c enhance recovery. heart devices can have technical bugs that could make them vulnerable to cyber attacks. the board will provide advice on cyber security standards for medical devices. secondhand st. jude will make cyber security a priority. a study was published in the

journal "pediatrics" finding that risks are higher for physical problems as well as mental from adhd to depression. they also had more cases of obesity, hearing and vision problems. the study ice authors don't say foster care causes these problems but rather more funding and resources are needed for foster kids. and if you are what you tweet, a lot of americans are very jittery. a new study from the university of utah looked hat nearly 80 million tweets and found that coffee was the most tweeted about food and drink item in the u.s. and starbucks was by far the most tweeted fast food restaurants, beer, pizza, wine, chicken, tacos rounded out the top food items. i'm jane king. here's to your help. probably heard about therapy dogs, how about a therapy duck. take a look at dan yes. here's daniel. he's an emotional support duck. he was a big hit during a recent flight out of milwaukee. passengers posted video and pictures on social media. his owner suffers from post-traumatic stress disorder,

and in this case she relied on her feathery companion to keep her calm during the flight. looks like daniel enjoyed the window seat as well there. >> that's kind of a sweet little picture. >> out there flying around. >> there you go, right. >> "abc 7 news at 4:00" continues next. the black panthers 50 years later. hear from the man who started the movement right here in the bay area and helped shape the civil rights movement. >> a look at what's coming up at 5:00. >> larry, thanks very much. coming cup, police arrest a man who they say was an arsonist and how he was found more than a dozen fires were deliberately set, and the funny looking fruit that put a hole in a man's esophagus in san francisco. and iphone 7 versus galaxy s7, 7 on your side's michael finney on what you should buy when kristen and i join you at 5:00.

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. >> coming up tonight at 8:00, it's "the middle" followed by "the american housewife" and then "fresh off the boat" and then "marvel's agents of shield" and then the abc 7 news at 11:00. >> a revolutionary group was founded 50 years ago. >> the city is honoring the black panthers with a week of activity and a museum exhibit. carolyn tyler has the story. >> reporter: these are images that resonate, armed black men in leather jackets and black berets pushing back against

police brutality, but in their community the black panther party for self-defense was much more. this never-before-seen handwritten draft of their ten-point platform, their founding document, highlights calls for decent housing, full employment and self-determination. >> it's such a compelling local story that's had national and international influence. i believe the panthers have earned a place in american history. >> reany de guzman say it took three years to put together this exhibit at the oakland museum. all power to the people, black panthers at 50. a key strategy was collaborating with former members like gail dickson. >> this is one of my images. >> reporter: she was one of the illustrators for the panthers newspaper. now 68 dixson was known back then as a solly. >> believe it or not, i saw it as what they call revolution but total change, systemic change.

>> reporter: she was involved in the party's survival programs, the free breakfast for children, the medical clinics, the schools. women made up two-thirds of the panther membership in chapters nationwide. >> it never entered my mind there was a bunch of thugs out there. for me it's always been about taking care of the community, one way or the other >> reporter: party is no more, but if you look at the black lives matter movement and even the national anthem protests it's clear the panthers influence is still felt today. in oakland, carolyn tyler, abc 7 news. maas >> finally a piece of movie history needs some help to come back to life. the smithsonian has launched a kick starter campaign to raise $300,000 to repair the ruby slippers from the "wizard of oz." the sequinned shoes were made almost 80 years ago. the #keepthemruby campaign

offers rewards ranging from t-shirts to behind-the-scene tour

break news in san francisco. shots fired near had a high school. students are hurt. we're live with team coverage. >> in berkeley, a warning for women to be careful after reports of two separate sexual assaults. >> also ahead, fences scorched and trees burned. an arrest in a series of arson that plagued the city of fremont. and in san leandro, details over a man who died over a stolen palette. warmth and the possibility of wet weather in the accuweather seven day-forecast. i'm meteorologist sandhya patel and i'll break it all down for you coming up. break news in san francisco where school is on lockdown as police search for a gunman. we're told at least one student has been wounded.

thanks for joining us. i'm kristen sze. >> and i'm dan ashley. >> a witness called police reporting several gunshots. here's what we know. students were just being dismissed from the june jordan school for equity in the excelsior district when it happened. >> you can see a map that have area right there. we can tell you it's at la grand avenue and brazil avenue. we do have live team coverage for you. we have vic lee at the hospital, but abc 7 news reporter melanie woodrow is live outside june jordan but we'll go first to vic lee. vic? >> well, details of the shooting are still sketchy. we're still receiving information bit by bit. i'm here at the hospital. as you said, we have another reporter at the school. here at san francisco general we have seen family members of both of the victims enter the hospital and a rush, of course, trying to see what they can find out about their family members who were shot. the first group that came in here, family members of the 16-year-old boy