since he took over three months ago. an incident allegedly sparked by two men arguing over a sandwich. good evening. i'm dan ashley. >> and i'm kristen sze. they will not say whether the man police killed was threatening his officers. >> that man did stab another man inside near fifth and market streets apparently again as i said over a sandwich. >> after that at least one officer fired his weapon. the suspect died at the scene. abc7 news reporter lyanne melendez is is live on market street with the story tonight. lyanne? >> reporter: well, we're hearing that the person stabbed may have been an employee of that subway's restaurant. now market street has since reopened. this happened at 11:30 this morning and it's taken police here in san francisco nearly five hours to do their investigation. this is the victim police say was being stabbed by another man seen here being interviewed by police. just minutes before, 2 foot patrol officers walking past the subway restaurant saw what was

happening and tried to stop it. >> they observed with a filipino male. >> reporter: they say the two men had been arguing over a sandwich. the man who was stabbed was taken to the hospital. the other did not survive. >> the stabbing was in progress, stabbing was in progress, yes. >> how do we avoid this shooting? >> everything right now is under investigation. it's a very preliminary. >> reporter: nearby residents like sherri pit man were outraged by the shooting. >> so, we have a fight, going to get shot. i fight all the time. >> reporter: surveillance video from this muni bus was taken by police to shed light on the shooting. the incident happened on market near fifth street. >> heart breaking, it's frustrating, going on for 11

years. i never saw so much since i've been living here. >> reporter: this is the first officer-involved shooting since chief scott devin booker over the department. in march police were hailed for their efforts to subdue a woman during a stand-off without the use of force. >> loss of life is tragic. it doesn't matter how it happens, it's tragic. these things we try to avoid them as much as we can, but we do have an obligation to protect the public. nobody wants to see anybody's life taken, ever. >> reporter: now, there is a police commission meeting at 5:30 this evening. more information may be released at that time. i'm live in san francisco, lyanne melendez, abc7 news. >> lyanne, thank you. san jose police claim one of their officers was forced to shoot and kill a man armed with two knives. an officer fired at him moments after arriving at a home on mount frazier drive just after 11:30 last night. the man and father both called 911 after they got into an argument. the younger man confronted

officers in the street outside the home. >> the individual during the attack got about three to 4 feet from the officer. the officer was able to retrea in time, draw his firearm and struck the suspect at least one time. this address was known to the officers. they have had to deal with this, the suspect before. >> both the santa clara county district attorney's office and san jose police are conducting their own investigations. >> a tragic reminder tonight of the dangers of being distracted. a teenager on his way to school in san lorenzo this morning was hit and killed by a train. the crash happened near grant and railroad avenues. the 16-year-old junior was riding his bike along the tracks at about 8:00 a.m. as so many kids do. that's when a union pacific train came through heading south. the victim was on a railroad bridge when the train hit, the bridge has rails on both sides, making escape almost impossible. >> he had a big heart and he was able to build close friendships and earn the support and loyalty

of everyone around him. he will be incredibly missed. we are all incredibly heartbroken. >> police are investigating whether the victim was wearing ear buds or anything that could have affected his hearing. >> happening now, chevron is saying there is no danger to the public from flaring at its richmond refinery. this is what people were seeing about 40 minutes ago. this is what we're talking about. chevron says there was an equipment that malfunctioned. it was classified as a level one incident which means some hazardous materials were released with the possibility of impact off the site of the plant. but again, no danger to the public. sky 7 is overhead now. you can see the refinery is no longer flaring. no warning was issued. >> with temperatures soaring we are all being reminded tonight to never leave a pet in the car, not even for a few minutes. but for animal welfare workers, there are many chances here to help and to educate.

abc7 news reporter melanie woodrow was live in burlingame at the peninsula humane society tonight with the story. melanie? >> reporter: this afternoon, animal control officers received a call from menlo park. and that's where we were. there was a woman who had left two cats in her vehicle. her vehicle was in the shade and then she went into an office building to go to work for the day. animal control officers say that's not illegal as long as certain conditions are met. these animal control officers in menlo park are checking the intoor yor temperature of the vehicle after someone called to report two cats inside. the same caller reached out to dr. monica, the founder of nine lives foundation, a cat rescue group. >> i can't do this for everyone, my goodness. something compelled me to come down here today and we're going to help her out. >> reporter: the owner agreed to let the doctor take the pets to her facility at no charge. she later shared this video of them happy and cool. animal control says they have a history with the cats' owner.

>> we have been out there before. we haven't found any violations. >> reporter: the temperature inside the vehicle was 90 degrees. animal control says they can seize the animals only at 100 degrees. had they not taken the cats, they said it would have gone back to do another check later today. >> i think it has a lot to do with personal opinion versus what the law actually says. and when you get into these issues with animals and property, you have to be very careful. >> reporter: yesterday san rafael p.d. showed this dog rescued from a 156 degree car. animal control says it wants concerned citizens to call. but also to understand that some people don't have homes to leave their pets. >> this person had cooling d coo matsuyama inside t matts. >> reporter: as well as water and food according to officer. melanie woodrow, abc7 news. >> another problem caused by the hot weather, poor air quality.

official declared this spare the air day. the first one of the season, and you can see a bit of the haze, the smog from drone view 7 as it looks east towards mt. diablo. let's give you a look at alcatraz, a much cooling looking picture. the golden gate bridge, camera from emeryville, still hazy. the beach in santa cruz, a lot of folks seeking relief there. a beautiful sunny day, a few people enjoying the sun. now let's check in with meteorologist sandhya patel if there were any records. felt like it. >> sure did, kristen. take a look at all the records for today. san francisco 82 degrees, 90 at the oakland airport, 94 in napa, 91 san rafael and san jose. all of them except san rafael were new records for today. san rafael tied, it was plenty hot, inland as well. mid 90s concord, antioch area, half moon bay, not quite as warm. fog has closed in as we check out live doppler 7 right now,

and that's what's bringing relief to the coast. eventually this fog is going to push its way in over parts of the bay and that is going to help drop our temperatures, but when will that happen? and when will you feel it? i'll have the answers to all those questions coming up. dan? >> okay, sandhya, thanks very much. we appreciate it. well, the record heat is also bringing a warning about rattle snakes. that comes after a south bay man was bitten as we reported and there have also been any number of sightings up and down the spring. abc7 news reporter laura anthony is reporting live. >> reporter: hi, dan. in recent years those drought years, the snakes would come down to areas like this looking for water with all the rain this year, water is not a problem. in fact, there is an abundance of rats, thanks to all the rain. and with rats come snakes. the warm sunny days have attracted many people to the east bay's many parks. but with the heat also comes

potentially dangerous rattle snakes. last weekend a dog was bitten at del val in livermore, one sightings. visitors are warned to be on the look out especially under foot. >> i saw about a four-foot rattle snake in breyones park. my friend was walking ahead of me. i said, stop. >> you can be easily bit by them. if you don't get to the hospital right away, it can be quite a problem. >> reporter: he is the guy who heads toward a rattle snake when everyone else turns away. he expects his snake removal business to be especially busy in the coming months. >> most cases we catch it and let it go back into its natural habitat so it can hopefully start a new life and not in somebody's backyard where they'll bite somebody. >> the safest thing to do is call 911 and come into the hospital. >> reporter: the doctor, the last line of defense when it

comes to rattle snake bites. >> say you get bit on your wrist, for example. keep that level below your heart and wash with soap and water. i can't stress that enough, you have to come in. there is antivenom we can give you. >> reporter: in walnut creek, laura anthony, abc7 news. >> now, if you decide to go hiking in snake country, dress appropriately, good advice. wear over the ankle hiking boots, thick socks and loose fitting pants. stick to well used trails if possible. if you are bitten by a snake, don't make incisions over the bite wound and do not restrict blood flow by using a turn kit. do not suck the wound. wash the area with soap and water if available. call 911 or transport safely to the nearest medical center immediately. we posted these tips and more on our website abc7 news.com. they are out there. >> clears up a lot of miss conessentials. a still to come on abc7 news at

5:00, closing arguments in the sierra lamar murder case. a remark by the defense attorney that left the jury laughing. >> also all locked up, u.c. santa cruz students take over an administration building. they have a long list of demands before they say they'll come out. >> and from 7 on your side, the app that could help you decide if the piece of furniture is just

there is only one more step now before san jose jury decides if antolin garcia torres torress murdered sierra lamar. they wrapped up closing arguments moments ago. david louie is live at the courthouse with new developments. david? >> reporter: dan, the jury definitely gave an opportunity to show off to see the difference in personalities as well as the presentation styles

of the defense and the prosecution today as they made their closing arguments. the prosecutor was very serious, the defense attorney used some props. dropping red balls into clear plastic cups as he poked holes into the evidence against his client antolin garcia torres. prosecutor david boyd finished his closing argument this morning pointing the finger at 26 year old antolin garcia torres for killing sierra lamar. he is also charged with other murders in 2009 that boyd provided practice for kidnapping sierra lamar. do not reward the defendant for his cunning and success in silencing sierra lamar. legal analyst steven clark says tying the cases together carries some risk. >> if the jury believes he is not responsible for those safe way attacks, it is going to undermine the overall view of the case that garcia torres had that type of proclivity to go

after sierra lamar. >> then it was lead defense attorney to get the jury chuckling and smiling as he poked holes in the prosecution evidence. no murder weapon, no witnesses and no crime scene, and evidence may have been mishandled or contaminated. >> the defense has been folksy in conversation and that is their strategy. they have done it fairly effectively. and you will see them continue sort of going down this road of just basically leaving it for the jury to say, wait a minute, this evidence doesn't add up to murder. >> the defense also criticized investigators for not pursuing all leads including a brown car seen near the spot where sierra may have disappeared. the defense attorney concluded, quote, where is the evidence she's deceased? she is missing and nothing else. in san jose, david louie, abc7 news. >> the chancellor at u.c. santa cruz is meeting with students who had taken over a campus building. this is after day two of the take over of kerr hall, about

200 students marched into the building at noon yesterday. the members of the african black student alliance, they want guaranteed housing for african, black and caribbean students. campus officials say as long as the protest remains peaceful they'll just let it play out. protest leaders say they'll stay until all their demands are met. >> a solano county homeowner is cleaning up after a car crashed right into his house. a white suv smashed into the back bedroom of a home on vallejo near magazine and fifth streets last night. it's the second time in three months a vehicle has crashed into that same bedroom. >> i was in my sun room, back there watching tv. >> reporter: and what did you hear? >> world war 3. >> investigators believe the elderly driver was speeding and lost control. preliminary reports are that the driver was drinking. he was taken to the hospital with minor injuries. >> cal train will soon have the money to electrify its current diesel fleet thanks to the

budget passed to the in washington. the budget includes $100 million for the agency. cal train officials did not think they would be getting the money. state republicans wanted the funding blocked because cal train's infrastructure would also be used by the bullet train. that is a project they see as a waste of money. we're talking about the high speed rail. the funding will arrive as soon as the federal transportation administration signs off on it. >> a new bill passed by the house and supported by the president would allow employers to pay you comp time instead of time and a half for overtime work. >> 7 on your side michael finney is here to tell you more about that. michael? >> imagine that, you work overtime and know you're going to get more money. they'll just give you some time off. when they decide to give you the time. oh, yeah, absolutely. would you rather get paid for time off, or have paid time and a hafr? that is a question. republicans who support the bill say the change in rules would give employers more flexibility, absolutely. it would also give employees less money.

democrats who are overwhelmingly opposed say the bill would allow bosses to defer compensating workers, actually defer but not compensate workers for o.t. similar attempts in the past have failed, but this time we have supportive republican president and a republican majority in both houses. this thing will pass. the house in crisis in california may be squeezing out more and more of the state's middle class from owning a home. one expert in urban land use told a group of realtors california may soon become a majority renter state. joe says many vallejo cannot afford to own a home. this has become such a problem that 130 bills have been introduced in sacramento aimed housing. california's homeownership rate is now 54%. that's the lowest since the 1940s. when you do purchase that home, you may have an easier way to choose your furniture. the popular real estate at renovation app called house,

houzz, now has a feature that lets you take a picture of your room, then the item you're considering buying appears in 3-d on your screen. the app is, like i said, called h-o-u-z-z, you can use the app to buy the item or share the mock-up with friends to get a second opinion. it says it closes what it calls the imagination gap in buying furniture online. now, on friday, 7 on your side, the whole staff and i are heading out to alameda to hear your consumer questions. i'll be at south shore center near panera from 4:00 to 7:00 p.m. to meet you. be sure to bring your questions and any paperwork you may have and you can ask your questions live and also live on abc7. you can ask questions on social media if you can't make it out to south shore. just post them with a hashtag, #askfinney. >> people love seeing you out there and getting responses.

>> i have such a good time. >> thanks, michael, very much. >> announcer: now your weave with sandhya patel. >> you have no excuse to go out and say hello. i do want to show you the temperature trend for concord if it has been too hot by 7:00 p.m., it is going to drop down to 88 degrees. you'll notice the temperatures by morning in the low 60s. so, it will get cooler. we're already seeing the cooling effects of the fog along the coast line. and as you check out live doppler 7 right now, fog is just about in across all coastal spots with one little exception, right there near the golden gate and around the mopt rnterey bay. that will change tomorrow morning. the emeryville camera, it's patchy now. temperatures 68 degrees in san francisco at that point that is. oakland 78, san jose 89 degrees. from the walnut creek camera you can see hazy skies. which is why we have spare the air alert up today. 86 in santa rosa. still hot, concord, livermore, low to mid 90s. this is probably what you want

to see more of, is a little bit more of a breeze from our kgo roof camera. not very windy right now, but that is going to be changing. coastal fog spreads overnight tonight. much cooler the next few days and our shower chances are coming in this upcoming weekend. tomorrow morning hopefully better night of sleep for you tonight because of the fog. upper 40s to the low 60s. so, not quite as warm as it has been. and tomorrow afternoon it is going to be cool coast side, warm inland. so, our summertime microclimate even though it's spring showing up here, 62 half moon bay, 67 downtown san francisco. across the bay into oakland 73 degrees. it's going to be sunny and still warm in walnut creek, 81, but not as warm as it has been. 85 in antioch. as we check out the rest of your highs for thursday, you'll notice the fog will be sitting well into the afternoon right near the coast. keeping you in the 60s. inland highs will be in the low to mid-'80s. at least it's bearable. not too hot to handle for thursday afternoon. friday we'll see temperatures drop even more. noticeably cooler with 70s for

our warm est inland valleys as we check out what is going to bring about that change, it is going to be the wind. 5:00 a.m. friday, not very windy, but as we head into the afternoon, wind coming off the cool ocean water will begin to increase and so it is going to get gusty. 4:00 friday afternoon over 30 mile an hour wind gusts. by 9:00 p.m. we're looking at winds topping 40 miles an hour in some spots. continuing into saturday, that windy pattern, and we'll even drop in a few showers. why not. download the accuweather forecast app because as the pattern changes you'll want know and you'll want to track radar. few spotty showers beginning to appear saturday afternoon, evening. it's just a chance right now and that is why we haven't put a number on the storm impact scale. sunday morning still looking at the potential for a few showers, and that trend carries over into sunday night. is it a game changer? i don't think so, but at least you know. you may need that umbrella. accuweather seven-day forecast. cooler afternoon for thursday. temperatures going from the 90s to the 80s inland. friday you're dropping down to

the 70tis. 20 to 25 degree drop. windy cooler pattern carries you through the weekend with chances of showers and then next week clouds are going to linger. it doesn't look like much of a warm up that's for sure. so, i think people will be happy to hear that especially those of you who do not like this hot weather. kristen, dan? >> it will last. >> at least for a while. >> sandhya, thank you very much. >> the man accused of smuggling song birds into the u.s. inside his suitcase. it didn't end so well. that's next. >> at 6:00, the link you should not click on. a scam involving a google product that you're

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suicides and other violent acts from being streamed on the social network. zuckerberg promised change after video of a killing posted on facebook last month sparked a nationwide manhunt. facebook already employs 4500 content reviewers around the world. a southern california man is in custody accused of trying to smuggle 93 song birds into the u.s. in his luggage. this photo shows some of the birds that were stuffed into his suitcase and actually survived the flight from vietnam. more than 80 birds, though, did not make it. federal agents arrested 49-year-old curtis law yesterday. he is accused of violating an international treaty that aims to ensure the trade of wild animals and plants doesn't threaten their survival. he faces up to 20 years in prison if convicted. >> an environmental group doubts repairs at the oroville dam will keep nearby residents safe. friends of the river, that's the group, met with state lawmakers in sacramento today. leaders of the group say they share their fears about the

dam's emergency spillway years ago. in february, remember, flooding risks force the evacuation of 200,000 people when water was released into the emergency spillway. the state hopes to have repair work finished by november. >> i have confidence that they will address some problems. i don't have any confidence that they'll address some of the more expensive and important problems. >> friends of the river believes the only way to make the emergency spillway safe is to line its full length with concrete. right now it is mostly lined

coming up on abc7 news at 6:00, we're live where neighbors are meeting with pg&e to talk about why the utility company is buying up homes and digging up back yards. pg&e says there is nothing to worry about, even though there may be toxins deep underground. plus we'll take a tour inside the car garage of the future where it's not about grease, but gadgets. 7 on your side michael finney gets to know air couriers. a role you could fill and make some money. all coming up at 6:00. dan, kristen? >> thanks, alma, we'll see you then. >> an amazing coincidence for twin sisters in new jersey. >> yes, kim abraham and danielle gave birth to bouncing baby boys same day same hospital, one room apart. >> they say they never imagined it could happen. >> we thought we would grow up together, but we didn't think it would happen. >> cousins, they'll feel more

like twins. congratulations. >> so cute. what a coincidence. tonight, the fbi director grilled. james comey facing a barrage of questions. revealing it makes him, quote, mildly nauseous. the idea that his decision swayed the election. >> i had to tell congress. >> and he's asked, why he only revealed the investigation involving hillary clinton. and not the one involving donald trump's campaign, how he answers. also breaking tonight, will there now be a deal to repeal and replace obamacare? what our team has learned and what does it mean for americans with pre-existing conditions. the deadly accident. the suv out of control, slamming into a crowd of people. several dead and there is news tonight about the driver. the deadly shooting on a college campus, the chaos and the lockdown today. and the fiery plane crash right into a busy intersection. how they got out of that plane.