one of the most watched court cases in san francisco and across the country. prosecutors say the man charged did it intentionally, defense maintains it was an accident. >> abc7 lyanne melendez is live with the proceedings. >> reporter: the trial is moving quickly. today had opening arguments and heard from the first witness, steinle's father, who was with her on that pier. court sketches show the prosecutor picking up the gun that kills kate steinle. said that jose garcia zarata fired gun. >> whether he intended or not, we have charge of murder. that's what we believe the evidence will show. >> steinle with father and member of the family.

no one saw him shoot the gun, prosecution argued he had with with him and fired in direction of steinle, bullet ricochetted and struck the 32-year-old in the back. seconds later he threw the gun in the bay. prosecution argued to get rid of the evidence while defense said he wanted the gun to stop firing. he was homeless, quickly walked away. found near the pier. police gathered gunshot residue to prove he was gunman. there's no evidence proving that he had stolen the gun, his attorney told the jury his client had picked up .40 handgun under the chair where he was sitting, under a cloth. didn't know he was handling a firearm when it went off. >> talking about a gun with

history of accidental discharges. no safety on it. it's marketed that way. they make a model with safety, this is not the one. >> reporter: first on the stand was steinle's father, holding back tears describing the confusion around him when holding his daughter. >> steinle died later in the hospital. park ranger whose gun was stolen is also expected to testify. this is a very young jury, 30s, maybe 40s. no african-americans, no older people. usually you see a mix, not this time. so really not sure what to make of this. we'll see. i'm live in san francisco, lyanne melendez, abc7 news. alameda county sheriff's deputies have arrested a murder suspect following a carjacking.

victor martinez alvarez. deputies claim he threw victim to ground and ran him over. james figueroa jr. had left pick-up running and unattended. happened along via del ended in deadly confrontation. shooting rampage in clearlake oaks. sheriff released this picture of the suspect, alan ashmore, accused of killing two people and injuring two others, including a highway patrol officer. lonny rivera is there with details. >> this scene is active, crime scene units here piecing together what happened. just briefed us said four people shot, not five as originally thought. one of the victims at gas station was not struck.

two people killed in this area and two crime scenes. one here at this end of the street, other near the cul-de-sac. lake county sheriff's deputies have this man, 61-year-old alan ashmore in custody on homicide charges. scene of a double homicide that happened close to 11:30 in the morning. >> two homicide victims killed on the street behind me. two additional people shot, received nonlife threatening injuries, transfered to local hospital. chp officer responded to the shooting and shot by the suspect too. bullet hit his body armor. then ashmore drove away. >> fled the area, went to gas station, another shooting with ccw holder. >> reporter: left the gas station and led them on pursuit

through remote area. >> total of seven crime scenes we're working. >> reporter: it's been a long few weeks for the community and this is another tragedy. >> just got over fire season that impacted this community within eyeshot of the fires. been through quite a bit. >> reporter: using all their resources according to the sheriff. right now ashmore is in custody, plan to question him to figure if this was random or targeting these people. abc7 news. it will take fire crews longer than first thought to get full containment of the north bay fires. cal fire expects 100% by friday but crews will stay in the zone for some time. burned 15 days, at least 42 deaths blamed on the fires that have scorched 254,000 square

miles. cal fire crews entered an area where the tubbs fire may have started. cordoned off the property near bennett lane. treated as crime scene. insurance employees were also in the area taking photographs. abc7 news at state building in santa rosa when fire victims learned more about the cleanup of ash and key before i across the north bay. phase one is removing hazardous materials, safely disposing of asbestos for example. and fire victims will get more chances to look for belongings. >> as epa crews are coming through, they will work with you, to see if they can go on to remove toxic waste. but if you need more time you'll have it. they'll come back. >> second phase focus on hauling away tons of debris and ash. army corps of engineers will

oversee that task if homeowners will let them on their properties. could likely begin rebuilding by next spring. meantime classes resumed in napa valley schools. laura anthony is live at vichy elementary. >> reporter: this school had the highest number of families who lost homes in napa valley but today time to get back to class, focus not on academics but meeting emotional needs of the students. two weeks after several large wildfires threatened their community napa schools reopened for classes. chance for students and staff to at least try to get back to normal. >> just a family. we're all in it together. all happened, maybe not directly to each individual but all were affected. >> reporter: at napa high school, administrators still don't know exactly how many students lost their homes in the

fire but they say they're ready to help them and all the kids and staff district-wide to move on from traumatic event and to look for signs that student is having a hard time. >> teachers know their students pretty well by this time of the school year. if kid is unusually quiet or acting out, anything out of the norm for that student. >> i've seen students mostly excited to be back and seeing all their friends being safe and welcoming environment. >> reporter: mental health director bill carter told us calls for help have increased in recent days. >> folks get high feelings of anxiety triggered by event, siren, smell of smoke, anything that reminds them of the evening or time they were evacuated from their home. >> reporter: county brought in mental health professionals from

other areas, counsellors experienced in helping people cope after a major disaster. abc7 news. relief for residents of the santa cruz mountains, mandatory evacuation order lifted. periodic road closures working the bear fire. nine firefighters suffered injuries battling the flames, many due to the steep and rugged terrain. sky7 flew above this scene in fairfax as they raced to save worker. chp helicopter hoisted him from the scene and another flew him to medical center. worker became pinned beneath a skip loader after the machine tumbled 150 feet down a hill. south bay mother, child

accidentally locked in gun safe. how finally able to get out. keeping students safe, san jose state university plans to use artificial intelligence for new layer of security. new rule to make it easier, trump administration doesn't like it.

mysterious boxes are popping up on san jose state campus, police say it's part of a security system they're installing. live to explain what is happening, janine. >> reporter: if you're not looking, boxes are easy to miss. detect gunshots. one attached to the light pole.

put in high traffic area where crime has happened before. >> thanks for calling. >> reporter: when a crime happens, campus police at san jose state are there to respond but can't be everywhere. at night makes some students uneasy. >> i've been followed and talked to -- kind of stalked. don't feel comfortable with people not being around. don't see cops walking around. >> reporter: added security, installed ten gunshot detection devices around campus. use artificial intelligence to pinpoint location. >> thought is if they come on campus and it continues, running gun battle or something, we would get notified immediately as opposed to waiting for someone to call in and say i think it was here. >> reporter: school in heart of downtown and say certain crime

didn't prompt the upgrade but want to be proactive. security cameras are being installed and soon will have license plate readers. >> help us multiply our force and great tool forensically. >> makes me nervous they them but helpful they have them just in case. >> reporter: also able to detect potentially harmful chemicals on campus. most tools expected to go online early next year. abc7 news. 18-month-old is safe accidentally locked in gun safe by her brother. tweeted this picture, little ones came across a safe behind several boxes. mom at work and sitter watching the kids.

fire crew had trouble getting it open but got it. 20 minutes inside. shaken up but unharmed. chariot community service is up again. passed latest inspection. issued cease and desist on wednesday after failed three chp safety inspections in a row. site of mervyn's former sits can be developed. community group dropped legal challenge against the development, lincoln handing. market rate apartments and retail space. oracle's larry jackson will spend a portion of his millions buying property. ellison will pay $35 million to

buy it. straddles the california/nevada border. frank sinatra once owned it, sold after losing casino license. been vacant. sammy davis jr., marilyn monroe were all there. if you have a beef with your bank, should you be allowed to sue it? >> old fight over new rule. treasury department released a study that contends that arbitration rule is not in the consumer's best interest. time is running out for congress to overrule the regulations aimed at reining in the financial institutions. consumer advocates say that bank

and brokerage customers do better in court than arbitration. many of the cars hit the road without spare fires. money and space, reducing weight and gas mileage. problem comes with flat. come with tire inflater kits to temporarily repair small punctures. but aaa study said can't fix side wall damage or blowouts. effort to reduce weight on increased gas mileage cars, not going away soon. average price of gasoline fell a nickel over the past two weeks. distribution systems continue to get back to normal following disruptions from hurricanes along the gulf coast. average price nationwide is

gallon, not california, it's over $3. >> as always we pay more. crown beach in alameda where the high reached 79 degrees. about ten degrees above normal this time of year and warm enough for some to even take a dip. you will want to take a dip tomorrow. that's for sure. if you thought it was warm today, wait until tomorrow. highs so far this afternoon up into the 80s for many parts of the bay area. 86 oakland, 87 in concord and half moon bay even warm today, 86 degrees. if you think it's warm here, check out southern california, los angeles and palm springs

the hundreds. 102 in palm springs currently. heat is not discriminating. statewide deal. still warm in san francisco. san jose is 87, half moon bay is mild 75 right now. 80s from santa rosa to napa. look at live picture from the south beach camera. beautiful view with wispy clouds just passing through. other than that, no rain on live doppler 7, another live picture from east bay hills. as sun sets, continue to see the high clouds passing through. mainly cool and clear. record temperatures tomorrow and then increases. toasty tuesday. san jose will be getting close, degree away from the record in 1959. livermore a few degrees away. anrafael 89, 92 is previous

record. we'll keep an eye on it. with the heat drink plenty of water. good idea to always check up on kids and pets and take frequent breaks. long nights. cooling off nicely. good sleeping weather. low 50s to low 60s. tomorrow feel the heat in the south bay. mid to upper eighties peninsula except mountain view. 84 in the north bay. up to low to mid-90s from cloverdale to santa rosa to napa. 86 in oakland. october you typically expect warmth in san francisco and along the coastline, but inland areas, this is summer-like heat. temperatures well above average. with this comes air quality not

so great. moderate for tuesday across most parts of the bay area. south central is good. accuweather seven-day forecast, warmest, records are possible. cooling begins at coast and temperatures continue to come down heading to the weekend. by the weekend fog is back and cooler weather in the picture. upper 50s to low 60s coast sisii download accuweather app to check out temperatures anytime you want. 49er legend dwight clark says thank you. what abc news has learned about the deadly ambush. what happened to the special op soldiers. hunt for a serial killer and tornado watch across several states. new at 6:00, a model of the

golden gate bridge is put to the

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former 49er dwight clark is getting a lot of support. fans joined players past and present to honor him as he faces new opponent, lou gehrig's disease, als. >> sad to see but all here to support him and do what we can. >> reporter: joe montana summed up love, respect and affection for dwight clark. teammates who considered themselves brothers, forever linked by this moment, the catch. other members of the team took the field in levi's stadium, wore clark's number 87. weekened by the affects of als clark spoke from luxury suite

way above the field. >> you all know i'm going through a little thing right now. and i need your prayers and thoughts. >> reporter: abc7 sports anchor mike shumann played with clark and streamed while the -- shared memories. >> talking to famous amos lawrence. ray, bobby lee poeld. >> eddie debartolo owned the 49ers and bonded with many of the players. >> having guys back here i haven't seen in 30 years is unbelievable. tribute to dwight and way they feel about him. >> reporter: saying the catch provided just a snapshot of value as teammate. >> great sever and unsung hero in a lot of ways. did whatever it took to help the

team win. warriors' steph curry fined but not suspended by nba for throwing mouthpiece. steph thought he was fouled on this, no call. flew mouthpiece in referee's direction and was suspended. stated later not aiming at him but expected to be fined. andre iguodala also fined and kevin p durant ejected because of that incident. hit the links with former president barack obama and jordan spieth. obama in texas for a hurricane benefit and curry was playing with the mavericks tonight. third time steph and president obama have played golf. look like they're having fun. looked like somet

we can now use a blood sample to detect lung cancer. if we can do that, imagine what we can do for asthma. and if we can stop seizures in epilepsy patients with a small pacemaker for the brain, imagine what we can do for multiple sclerosis, even migraines. if we can use patients' genes to predict heart disease in their families, imagine what we can do for the conditions that affect us all. imagine what we can do for you.

hundreds of firefighters remain on the front lines working for 24 hours straight. >> winds blowing, just trying to stay ahead of it, doing the best we can. >> critically low on resources but we have a job to do, going to make sure we get it done. i'm dion lim, coming up on abc7 news at 6:00 tonight, return to normalcy for students of north bay school devastated by the fire. and smiling now thanks to 7 on your side, michael finney explained a change in government

policy put a dream vacation in jeopardy. all coming up in half an hour. we'll see you then. >> relate to this "jaws" story. >> fin near the beach sending terrified swimmers headed to shore. >> popular beach in new zealand but not great white shark, killer whale. >> several, one lifeguard said oerk kas come in to field on sting rays. >> nobody hurt or northern florida, pigs and pug in shopping trip. >> trip to buy animal food. >> where was she going to put all the food? >> "world news tonight" with david muir is coming up.

>> we appreciate your time. see you again at 6: tonight, breaking news as we come on the air. what abc news has just learned about the deadly ambush in niger. what happened to those four special ops soldiers, surrounded, ambushed and killed. were they wearing body armor? and now, we've learned about the second mission they were sent on. president trump does not answer when asked about the mission. late today, what the chairman of the joint chiefs of staff revealed. and we hear from the widow of the fallen about that phone call with the president. also tonight, senator john mccain. were his words a swipe at the president, about his vietnam deferments, one of them for bone spurs in his foot? the hunt right now for a possible serial killer. three victims in less than two weeks. the surveillance, who they wan the tornado watch up right now. and bill o'reilly and the stunning figure reported by "the new york times."