>> and i'm dan ashley. instructor david mogland was shot to death in late july south of downtown. chris nguyen spoke with moglen's widow. chris? >> reporter: dan, the suspect is being held without bail here at the county jail. he will return to court later this month. meanwhile, we are learning new details about the case and who was with the victim at the time of the attack. at the moglen family residence, a constant reminder of the father and husband who never returned home. >> nothing can bring my husband back. i want him to be back. >> reporter: in late july, her husband, david moglen, a popular economics instructor was killed in san jose. he was sitting inside a parked vehicle with a woman when someone came up and demanded his

wallet. he turned it over but went on to chase after the suspect who then fatly shot him in the chest. the suspect, 28-year-old eddie ruiz of san jose, has been charged with robbery and murder. a number of tips came in showing ruiz in the area of the attack which eventually led to his attack on august 7th. he will enter a plea in late november. >> i don't know what he do to bring our family so much suffer. especially my two young daughters. they need their dad so bad and miss him and love him. >> reporter: she wants to focus most on what she loved about her husband. >> he funny. he always talk. make me laugh. >> reporter: but a family still devastated and absolutely heart broken over their loss. in san jose, chris nguyen, abc 7 news. a 19-year-old man has been charged with murder in the death of an 88-year-old woman in san jose.

prosecutors say zachary broke in to an east san jose home on september 12th and severely beat her. miss flow died from the injuries after fighting for her life for weeks. his fingerprints was found in the home. digging for clues in oakland in a 12-year-old killing, investigators have even brought in an excavator laura anthony is live at the scene. laura? >> reporter: kristen, investigators are still in the area and they started at 9:00 and will stay here for as long as it takes what they won't say is what they are looking for. from sky 7, we can see the flurry of activity at the port of oakland where oakland police, the fbi and city crews spent the day digging. >> we're out here digging in the 2,000 block of 7th street.

>> reporter: tight-lipped investigators would only say they are looking for evidence related to a 12-year-old homicide. police put up plastic blue tarps to screen their efforts from onlookers and would not confirm that the crews were looking for human remains. >> we do not want to jeopardize the investigation by sharing details of that specific case that may compromise the next lead or the next location that we might need to go to. >> reporter: oakland police is the lead agency but the fbi is assisting with its evidence response team and their specialized equipment. >> we're going to follow the evidence. whatever evidence we find here, we'll follow it. we're not sure what we're looking for yet. we have an idea but we're going to follow where the evidence takes us. >> reporter: the property being searched involves several jurisdictions, including the port, b.a.r.t., and the union pacific railroad. in oakland, laura anthony, abc 7 news. a nanny is charged with abusing a 6-month-old boy that

she was baby sitting. ingrid perez has worked for a number of different families for over ten years. parents provided surveillance video showing the reported abuse. the child was released from the hospital with no apparent injuries. police have contacted the families perez has worked with recently to ensure their parents were not harmed. in the south bay, an fbi raid could cause delays for people who take public transportation. abc 7 news was at the office of outreach and escort incorporated in milpitas which is now closed following the raid this morning. the contractor managed 2500 trips a day for 7,000 people with disabilities. the transportation authority has been working to find a new contractor after its audit found record-keeping problems with outreach. the raid forced them to take over management of the transit service. riders could see some delays but will be served by the same drivers and same dispatchers. >> and i want to make sure that

you are our highest priority and while all of this is getting unwound and dealt with, you will remain our focus. >> the vta board has filed a lawsuit against outreach accusing of of fraud and false claims. you should call 408-321-2300 to book rides. u.s. customs officials say a san jose woman attempted to sell more than $50,000 worth of counterfeit cosmetics imported from asia. this included lipstick, eye shadow, eyeliner as well as electron electron electronic curlers. it can contain hazards such as cyanide and mercury. waves can be dangerous but they are also very beautiful to look at, sort of mesmerizing and

soothing at times. eric thomas spoke with people about the conditions. he's live now at social beach. hi, eric. >> reporter: hi, dan. as you can see, the wave action has kind of died down here since early this afternoon. that's probably why you don't see a whole lot of surfers in the water right now. but the surf advisory is still drawing people down to the beach. >> they come out to the pier to see how big they are. >> we don't have the big winter push behind it but still this is big. >> >> with this sort of surf, fishing is for the birds. >> if you're fishing here now, you can catch something. >> up the coast in san francisco's ocean beach, catching waves was easy. holding on to them, well, that was something different. >> it's definitely something you want to prepare for.

if you're starting to surf, you don't want out go out on a day like today. >> this surfer was looking at the waves at ocean beach while he gets tuned in for the mavericks surf competition. >> a lot of guys surfing all day, they like to challenge themselves and this is definitely a good place to challenge yourself. >> reporter: but a bad place to fool around with. it means powerful riptides and sneaker waves can drag someone out to sea with deadly consequences. that's why this surfer treats the waves like a living, breathing organism. >> you can definitely feel the ocean pulsing. they are pretty big. and heavy. there's a lot of water moving out there. >> reporter: and for many of us, it's best to watch it move from a distance. at ocean beach, eric thomas, abc 7 news. >> it's beautiful out there today. let's check in with sandh sandhya patel.

>> there is great advice, watch from far away. we're watching those waves very carefully for you. that high surf advisory runs until 5:00 a.m. tomorrow. waves may top 20 feet. right now, 9 to 10 foot waves are being reported and there's a risk of rip currents and sneaker waves. you need to be careful. current wave heights anywhere from 7 to 10 feet. take a look at this one west of the north bay. 18 footer there. we're watching the system that is generating those waves. that storm system brings us a chance of showers. accu-weather forecast coming up, hour by hour look at your weekend. kristen? >> sandhya, thank you. good news about our drought in california. the u.s. drought monitor says a rainy fall has pulled 12% of the state out of drought conditions. unfortunately for us, that area was rated abnormally dry. the classification is for areas going into or coming out of

drought. much of central and southern california remain in extreme or exceptional drought. san francisco officials put the millennium towers in their cross hairs today. how the developer of the condominium is feeling the legal weight of the building that has sunk more than a foot. we've all heard about the talk of the vote being rigged but it turns out the world is watching. coming up, the election monitors in the bay area. and also 7 on your side with michael finney and warning about obamacare coverage. driving from coast to coast in an

. a major development in the sagging tower. the city has sued the developer saying they committed fraud.

vic lee has that story tonight. >> reporter: there are already several lawsuits filed by homeowners of millennium tower. this is the first by the city and based on something pretty simple. you've got to disclose something that is wrong with the propery when you sell it. the city attorney is saying the developers failed to do that. millennium tower, this 58-story downtown high rise which has unexpectedly sunk 16 inches and tilted 2 inches to the west. you saw our previous test, this golf ball rolling down the 42nd floor unit towards the direction the building is leaning. >> it's upsetting. but it's also encouraging that the city is stepping up and taking this action. >> this morning, my office filed a lawsuit against the developer of the millennium tower. >> city attorney dennis herera

says that the homeowners were defrauded. it's an affiliate that millennium partners created that developed the project. they knew about the sinking problem a year before the luxury units went up for sale yet they went ahead and sold condominiums from a handsome profit without telling the buyers about the situation even though they were legally required to disclose it. >> san francisco's supervisor launched hearings on the tower's settlement problems. >> it's high time that millennium be accounted for defrauding the over 400 individuals that purchased that building. >> reporter: developers responded with a statement which says in part, the city attorney's action today has nothing to do with protecting public safety, the building or it's residents. instead, it's an effort by the city of san francisco to duck its responsibilities and avoid paying for the harm caused by tjpa. developers maintain that it was

caused when the ground water level dropped when the tjpa drilled a nearby tunnel in a transit construction project. vic lee, abc 7 news. >> we sent out a push alert on this story and you can always hear from us on the news app. download the app for free and enable those push alerts. integrity of the bay area or i should say the elections in the u.s. with the world watching making sure that elections are fair. take a look at this. it's the badge of an international elections observer. the pair from finland and germany would not talk on camera when abc 7 news found them heading for the registrar's office today. inside, there were plenty of voters picking up and casting ballots. >> i expected a lot of people to come out on tuesday so wore encouraging people -- we're going to be open over the weekend from 9:00 to 3:00 on both saturday and sunday. >> now, you don't even have to

go inside if you're just dropping off your ballot. almost 200,000 voters have already cast their ballots in alameda county. we have tool ons our website to help you prepare for election day. click on the voter's edge election guide and then enter your address on our website. it will show you the candidates and measures on your local ballot. sadly, scams are very common. >> michael finney has more on that. michael? >> they are all over the gift cards. >> really? >> yes. scammers are claiming to be from the internal revenue service explaining confusion about oamacare. we'll show you how the scam works and the red flags you need to look for so that you're not the next victim. >> reporter: certified public accountant was alerted to an e-mail that claims to be from the internal revenue service demanding an immediate became.

he wants to get advice from a theft expert in order to warn his own clients. levin says at first glance it might look legitimate. >> this notice is a further indication of how creative scammers and identity thieves have become. >> reporter: consumer reports say the latest scams target people with insurance through the affordable care act alleging they owe additional money for their coverage. a closer look reveals several red flags. the first is the e-mail itself. >> the irs will never send you an e-mail out of the blue. you should know that if money is owed, the notice will be sent by regular mail. >> reporter: another red flag, the fake notice where it says $325 made out to irs. >> tax checks are made out to the united states treasury, not the irs. >> reporter: and where you send the check is also probably phony. the irs says the address on this one in austin, texas, is not an

official processing center. >> do not open any attachments or click on any links. forward it to phishing@irs.gov and then get rid of it immediately. >> and then delete the e-mail from your trash. >> it goes from bad to worse. a good buddy of mine sense there may be letters being delivered now by regular mail. call the irs at 800-829-1040 and ask whether a notice you've received is actually from the agency. we're posting this under 7 on your side. you can also consult a reliable tax professional to get advice about the whether the notice is genuine and how to handle it. easier still, give us a call and we'll find out for you. >> boy, you can never let your guard down. >> unbelievable. >> especially these days. >> right. >> thanks, michael. >> sure. hi there, everyone.

did it feel warm to you today? you weren't imagining things. it was in the mid-70s from oakland airport, 70 in san francisco. 72 in redwood city. warmer than average for this time of year by several degrees. live doppler 7 tracking clouds. i want to give you an update on our drought. much of the state is still in a drought and it's moderate to severe in some parts. we're looking at drought relief across the northwest portion of the state thanks to the recent rain. the month of october was wet. you can see high clouds right now filtering the sun. it's going to be a gorgeous sunset. make sure you take those pictures, send them to you, #abc7now. oakland, still in the 70s from san jose to half moon bay. from our golden gate bridge camera, we see a milky sky with the clouds around. mild still in santa rosa. concord, mid-70s. one other live picture from our

emeryville camera, isn't this beautiful? the sun glistening over the bay. a shower chance for the north bay late saturday and a mild pattern next week. so first thing tomorrow morning, a few high clouds passing through. the sunrise should be equally lovely. mid-40s to low 50s. when you get going, it will be chilly enough to where you need that extra layer. for the afternoon, a warm day. short sleeve weather on the peninsula. low to mid-70s. even along the coastline, upper 60s to low 70s. downtown san francisco, 70 degrees. bright and sunny in the north bay. 74 in santa rosa. east bay, mild to low 70s. inland spots, temperatures in the mid-to upper 70s. 77 in pleasanton. jessica castro will be at the light the night walk in walnut creek. it's going to be a nice looking evening. low 60s and a few clouds at pacific park. one on the storm impact scale

from late saturday into early sunday. best chances in the north bay. light showers moving out quickly. hour by hour forecast, saturday at 5:00 p.m., not much happening. at 10:00 p.m., the northern end of our viewing area area looking at showers. it doesn't make it much further than the north bay. this one is a weak system and 7:00 a.m. sunday, most of you will miss it. rainfall totals anywhere from zero in the south bay to about 1100 in sandra roez sa. don santa rosa. fall back on sunday, daylight savings time ends. turn your clocks back one hour. you get an extra hour of sleep and change your smoke detector batteries. you can track it with our app. warm day continues tomorrow. late saturday night into sunday, a light system for the north bay. lingering clouds on monday.

voting day, no excuses, dry and mild as we go into next week. dan and kristen? >> thanks, sandhya. scientists call it the jacuzzi of despair. we're going to explain that for you, next. and then "world news with david muir" -- >> the stunning discovery of a woman missing for months and it doesn't end there. and tilting tower right there in the bay area right after abc 7 news. >> thanks, david. forget the app store. new at 6:00, the 24-year-old stanford ph.d. working to help people build their own apps. we'll have that

go pro after a dismal earnings report, the company

posted a whopping 40% loss in the third quarter. shares in the video camera maker closed down 7%. the loss is not a surprise. go pro is working on two new cameras that went on sale after the third quarter. the company is facing increasing competition from do-it-all smart phones from samsung and apple. the white house is hoping a new coast to coast network of charging stations will help the boost of electric cars. they will have 1 million more charging stations on the road. but electrical car sales have fallen below the mark. one reason is a lack of charging stations. the new plan would put 48 charges networks in 35 states and cover 25,000 miles of u.s. highways with the charging station every 50 miles and include new roadside signs to help drivers find those stations. a super salty lake discovered in the deep of mexico

is being called the jacuzzi of despair. the water is extremely salty with little to no oxygen. the lake, which sits hundreds of meters below the gulf surface, researchers say any marine life that falls in dies and is then pickled and preserved. very strange. a bad moon rising. november's full moon will be a record-breaking super moon. it will come closer to earth than any other full moon. not just this year but since 1948. look for it in the night sky november 13th or in the morning on the 14th. but it promises to be spectacular. >> it looks like it will be. there's a lot happening around union square in san francisco. next on abc 7 news at 5:00, a little something to get you in the holiday spirits a little early. first, we want to thank our viewer heidi for gorgeous

instagram picture from santa cruz. >> share your pictures.

coming up at 6:00, california may not be a battleground state but you'll see how local clinton and trump supporters are working to sway this election. also -- >> the mystery unfolding on a local college campus. students aren't feeling so safe

anymore. and 7 on your side has the cold-hard facts about therapy. is it really good for your body? kristen and dan? >> thank you, ama. there's a live look outside on this warm night in the bay area and may not get you thinking about christmas yet. not from this picture. but look at this. >> abc 7 news was in san francisco at the union square as they were setting up the great christmas tree. the 83-foot spruce arrived on sunday. >> it take as lot of work to get it all decorated and ready for christmas. >> by the way, santa arrives tomorrow at stanford shopping center in palo alto and the holiday maker's market starts in san jose this weekend. it's beginning, just beginning to feel a little like christmas.

"world news" with david muir is next. >> we'll see you again in half an hour. >> bye-bye. tonight, breaking news. donald trump, hillary clinton. the new polls just out. there is new hope for both of them in unexpected states. where this race now stands. plus, melania's moment. her solo speech today. and the big plan revealed for president obama, the first lady and hillary clinton on election eve. the stunning and gruesome discovery at a home. a woman missing for months. allegedly chained inside a storage container. tonight, she's been rescued. the realtor under arrest. and authorities say, it does not end there. the moment that caused national outrage. tonight, that officer on trial. the man killed, walter scott, his mother on the stand. the plane crash. the chopper overhead, capturing it all. >> clear the building! >> the incredible moment that comes next. and your money tonight. a new warning. if you've ever bought a gift