on the stand in day two of the trial for the man accuse of killing her. steinle's death has been in the center of a national debate over aing wear cities. tiffany wilson live at the hall of justice this morning. >> reporter: good morning, reggie. kate steinle's dad will be back on the stand today, he was the first witness called by the prosecution yesterday. jim steinle held back tears as he described his final moments with his daughter who was shot while they were talking together on pier 14. during opening statements the prosecutor picked up the gun that killed steinle. diana garcia told the jury that jose ines garcia zarate shot kate steinle. >> the charge is murder and in this particular context it's in the second degree and what we need to show is that he intended to fire that gun. >> reprter: seconds after the gun was fired garcia zarate threw it in the bay.

his defense team contends that he picked it up wrapped in a cloth, fired it accidentally and got rid of it to make it shot shooting. the gun have been stolen from a federal ranger a couple days prior to steinle's death. the trial is expected to resume around 10:00 this morning. live in san francisco, tiffany wilson, abc 7 news. and if you are just joining us it is 4:30. we want to get another quick update on weather and traffic this morning, especially weather. it's going to be a hot day you need to bring the sunscreen. >> absolutely, and wear something to keep you warm this morning, but allow you to be cool later on this afternoon. depending on where you live. we have a wide range of temperatures today, some areas could warm nearly 50 degrees. so we're running in the 50s to 60s, the microclimates are incredible this morning, by noon we will start to whom oj nice the atmosphere, 79 around the coast to 80 inland, it will be warm around lunch and a record

setter possible as we head towards 4:00. look how warm that evening is going to be, 69 at the coast, 77 to 78 around the bay and inland. we will take a look at some of those records coming up next. here is frances. >> good morning, everyone. still a nice ride out there, northbound 280 in san jose, highway 17 coming out of the santa cruz mountains, there is a dead deer north 280 at page mill aberrantly in the second lane from the left they will hopefully clear it soon. southbound 680 fine as you make your way through walnut creek. checking out the traffic all around the bay area all green except for westbound 580 through the altamonte pass a little slow right now, heavier out of tracy so we will check out the drive times in my next report. the faa investigating the second near miss at sfo involving an air canada crew. this happened sunday night. air traffic control gave air canada permission to land. minutes later a control -- a

controller told the pilot six times to execute a go around. now, that's a maneuver where the pilot aborts the landing and circles around the airport. the pilot did not respond to that and did not respond to a light shined into the cockpit. he said he had radio problems and safely landed the plane. in july an air canada pilot mistook a you had kroed taxi way as a runway and came within 59 feet of hitting another plane. from the live desk, ridgy, more problems in the air. this just coming in. a jetblue plane that had to make a safe emergency landing in new york after a bird strike. i want to show you video of the plane landing last night at jfk international. it hit some birds on a flight to las vegas. it was going to return to boston but they were forced to land in new york due to weather. a jetblue spokeswoman said the plane was diverted out of an abundance of caution, all 144 passengers will be

reaccommodated on another aircraft this morning. jetblue did not say whether their plane was damaged. developing news out of washington, d.c. this morning. abc news has learned new details about the attack in niger that left four u.s. soldiers dead. as abc news reporter serena marshall explains the service members were on the hunt for a suspected terrorist. >> reporter: it's the first chilling account of a mission gone wrong. it all began october 3rd for a reconnaissance mission considered so low risk they didn't have armored vehicles or drones. >> the assessment was that contact with the enemy was unlikely. >> reporter: a kill or capture mission of a high valued target with ties to both al qaeda and isis. the next morning awake more than 24 hours leaving this village 50 miles from base, something went terribly wrong. >> midmorning on october 4th the patrol began to take fire as they were returning to their operating base. >> reporter: they had only gone a few hundred yards when 50 militants attacked. >> one hour after taking fire

the team requested support. my judgment would be that that -- that unit thought they could handle the situation without additional support. >> reporter: an unarmed drone arrived within minutes of that call. 30 minutes later french military aircraft moved in and two hours later french planes on the scene. when it was over four americans killed by the isis linked militants. president trump has yet to answer any questions about the specifics of the ambush, but one of the survivors tell us if it wasn't for the french it's unlikely anyone would have survived that night. serena marshall, abc news, washington. prototypes for a border wall between the u.s. and mexico are almost finished. the government is spending $20 million for eight concrete and steel mockups near san diego. they are set to be ready for testing by the end of next month. $2 billion is needed to begin construction which democrats and some republicans say congress will never approve. marin deputies arrested man for evading officers and possessing dozens of pounds of

marijuana. the chp shared this photo of the drug found in the suspect's car. they say officers tried to pull a car over yesterday afternoon after seeing the driver talking on his cellphone. the driver kept going, but later stopped his car in a parking lot and ran away from officers. they found 38 pounds of marijuana in the car, about an hour later officers found the man and arrested him. happenings today, san francisco supervisor is going to introduce legislation meant to stop gentrification across the city. supervisor hillary row nan wants to create cultural districts which she believes will give people a way to preserving their communities. it calls on city departments to find ways to strengthen districts such as with affordable housing or by putting up public art. it would direct the mayor to create funds to help each cultural district. housing advocates have filed paperwork to put a rent control initiative on the november ballot. the measure would repeal a law that blocks rent control from

any housing built after 1995, the existing law provides cities and counties from strengthening rent control laws. strong opposition from apartment developers and landlords helped kill the bill last year that would have repealed that law. let's take a look at some of your neighborhood temperatures. some of our earliest commuters it's 61 in pittsburg, 64 in pleasant hill for the warm spots everybody else in the mid to upper 50s. walnut creek and san ramone the cool spots at 54 degrees, livermore at 58. here is a look from the east bay hills, it's been breezy in our hills during the overnight hours, let's take a look at what's going to happen with your activity planner. if you're exercising it looks good today if you get hot find some shade, drink water, it's going to be the warmest day this week. all day sunshine on the bay and at the beaches it's going to be warm all day if it's already starting at 81 at half-moon bay. let's take a look at what you can expect in san francisco, reggie, i know you will pay

special attention to this one especially because the temperatures are supposed to be around 69 degrees. yeah, look at that,.1 at 10:00, noon 76 and we jump into the 80s by 2:00, mid 80s by 4:00. we are still in the mid to upper 70s by 8:00. let's head up to the north bay, by noon 81 degrees, 2:00 near 90, same thing at 4:00, about 82 at 6:00. how about some record high temperatures today, san jose i'm drafting 91, that's a record, livermore forecasting 92, that's a record. oakland is going to be within one degree, that 86 in san francisco is about four degrees shy and you can see napa and san rafael fall a little shy of record high temperatures. we will take a look at the rest of your microclimate highs coming up next. a pretty good commute this morning. it is light right now, no accidents reported for free ways and here is a look at westbound 80 for head lights moving towards the bay bridge toll plaza, smooth sailing into san francisco.

we're checking out the drive time for you, really that slow stretch starts out at 580 westbound out of tracy to dublin it has grown to 32 minutes but nothing like yesterday. westbound 4 antioch to concord fine as well as southbound 101 san rafael into san francisco 17 minutes. if you want to take mass transit bart, ace and cal train reports no delays. a north bay football team plays for the first time since the wildfires. why these students were winners before they even stepped on the field. and the ride is about to get smoother if you use bart. the date for when its new trains will debut. and a new development in a and a new development in a bay area police sex

but it might seem like you're miles apart. the boys town national hotline can help.

trained counselors are available 24/7 to listen, provide advice and help with problems. ( tdd# 800-448-1433) or visit parenting.org. make the most of your time with your teen. abc 7 mornings. >> all news. >> all morning. >> its 4:42. new developments in the east bay police sex abuse scandal. the woman at the center has dropped her lawsuit against the contra costa sheriff's office. prosecutors also dropped charges against an oakland police officer because of possible insufficient evidence. both faced charges after alleged sexual encounters with jasmine abouslan when she was a minor. a bay area law firm will investigate investigations of sexual harassment in the state legislature.

they are asked to deal more aggressively with what hundreds of women working around the capitol described as a culture of sexual intimidation. female lobbyists and staffers say they have had to endure inappropriate comments and demands to perform sex acts. no male lawmakers have been accused by name. the state of new york is launching a civil rights investigation into the company co-founded by harvey weinstein. new york attorney general eric snyderman says he wants to know whether weinstein company workers were subjected to pervasive harassment or discriminati discrimination. the producer faces allegations of sexual assault and harassment by dozens of women. weinstein denies the claims. an actress ashley judd is talking to abc news about the allegations against harvey weinstein. her first television interview since she went public will be with abc news anchor diane so sawyer a petition drive is under way to try to make online

fundraising for north bay wildfire victims fee free. >> crowd funding efforts have raised at least $7 million for relief efforts. sfs reports, but most crowd funding sites charge a fee and go fund me takes nearly 8%. more than 89,000 people have signed a petition to lift that charge while go fund me has made money off the fundraising and pledged $250,000 to recovery efforts. you can still donate to victims and not just money, we do have a list of where and how you can help out at abc7news.com. students at cardinal newman high school in santa rosa will resume classes today for the first time since the north bay wildfires started. >> the school's football team played its rival last night but it was much more than just a game. katie utehs has the story. >> reporter: a police escort for a proud moment, simply making it to the game. the cardinals soared on to the field already feeling

accomplished. >> it's awesome. it's a little bit of normalcy for all of us and we all love this sport, we love playing together, it's just thighs to be out here together again. >> reporter: well before kickoff it took extra effort to get the cardinal newman football team to rohnert park. >> reporter: the tubbs fire tore through the cardinal newman campus in santa rosa. 90 of 620 students lost their homes. like heather's family, but she's ecstatic to see her son on the field. >> when you deal like tragedy like losing your house and losing half of your school it's nice to be able to pull out any part of normal that you can. >> i think the best thing for the young men that chose to go to cardinal newman is experience cardinal newman and this is part of the high school. >> reporter: the team is practicing at another high school while rebuilding takes place. >> if all goes well and the site can be cleaned that we could be back in january on site for the second semester.

>> reporter: in the meantime students go back to school at four nearby parish locations. >> the school community is what exists, the buildings are not the school, it's the people. >> reporter: and the people are ready for football season. in rohnert park, katie utehs, abc 7 news. >> so good to see them back out on the field. just one more step towards normalcy. >> a long road tery for them. we will switch now to weather and pretty much no matter where you're going to be today it's going to be too hot according to me. >> according to reggie. i think that's a good basis for what's going to happen today. good morning, everybody, here is a look at san jose. 280 at 17, one of the areas that could set a record high temperature today on this sunny tuesday where records will be erased and replaced. tonight clear and coolest in our valleys like this morning, then gradual tapering of our temperatures as we head towards the weekend and into next week. you can see the jet stream, what a huge ridge of high pressure extending from just about hawaii

all the way up to alaska. look at all that cold weather and cool rains that are falling in minneapolis and chicago. that's where fall is presently. not here, though. look at that. 91 that asterisk. right next to san jose. warmer in morgan hill and gilroy, 95 there. los gatos 93, the cool spot in the south bay. 87 in milpitas. the peninsula 85 to near 90 degrees and 90 in redwood city would be a record. look at them temperatures. mid to upper 70s around half-moon bay and pacifica to low 70s around sunset and daly city. 86 in downtown to 84 in south san francisco. up in the north bay upper 80s for san ra fael and val low and low to mid 90s everywhere else along the east bay shores. we will have temperatures from 85 in berkeley to nearly 90 in fremont, castro valley and our final stop low to mid 90s in our east bay neighborhoods.

no relief tomorrow, a little bit at the coast by thursday, we will break out of the 90s by friday, we will be back in the 50s, 60s, 70s by sunday and monday. so far the traffic is pretty cool right now, no accidents reported. here is a live shot at 101 in san rafael moving parts the marin civic center delay free into san francisco. 101 is great all the way down into san jose and this time headlights are moving northbound 880 right across your screen, also all the way up into san francisco as you make your way out of gilroy there is a little bit of road work out there, northbound 880 from 238 up into oakland, there could be lanes blocked but it's supposed to be cleared by 5:00 and you can see traffic moving well despite the construction. your bart ride could be a little smoother by the end of next month. the next generation of trains is scheduled to go into service around thanksgiving. bart says the cars passed safety tests over the weekend. the trains are quieter and the

40-year-old fleet. their goal is to have 35 of the new models in service by the end of the year. your next new car probably won't come with a spare tire. 7 on your side's michael finny has a warning about the alternative that car makers are offering right now. target is giving shoppers relief from christmas creep. what you won't be seeing in its stores until after thanksgiving. plus a young boy is celebrating his birthday with a tasty thank you to police officers all around the country. we will tell you how he came up with this idea, but first this morning's "techbytes." walmart heats up its battle against amazon with a private label business. >> the online store jet.com has launched uniquely j, the brand will offer 50 curated products from cleaning products to coffee. three major wireless carriers have announced discounts on the iphone x, sprint is offering $350, verizon

and t-mobile $300. amazon is offering details about the hopes of landing the company's second headquarters. the treens name from 48 states. a group from little rock through in banner over seattle saying, hey, amazon, it's not you, it's us. they say little rock doesn't want the traffic and amazon

happening today, a battle over booze in san rafael and what was once a furniture store. pawn farm brewing company is ready to build a tap room at fourth street near second street, the site of a former furniture store but neighbors are fighting the plan over concerns about noise, packing and traffic. neighbors have filed an appeal to the san rafael planning commission which is meeting at 7:00 tonight. two men will avoid jail time after posting this stunt on top of golden gate bridge. these two men from wisconsin, the press democrat reports both agreed to a plea bargain that includes paying fines and performing community service. their criminal records will get wiped clean once they satisfy those requirements, however, the men still face a civil lawsuit filed by the bridge district. every single year the christmas music plays a little earlier and the decorations go up a little sooner, but target is putting a stop to that trend. customers have complained about

christmas coming too early at target so you won't be seeing any of those decorations until after thanksgiving. target is also getting rid of its ten days of deals tradition. every weekend during the holidays starting november 11th will be filled in sales and major discount deals instead. a young boy who is about to turn 10 is slen bragt his birthday in a youk neek way. >> his name is tyler, he is traveling the country and thanking delivers with doughnuts along the way and his latest stop was in houston. >> they have visited 19 states so far, he got the idea after spotting four police officers whie inside a grocery store with his mom. >> i asked my mom if i could buy them doughnuts with my own money and when we left i said i want to thank every could.in america. >> you are always welcome here and this is a new houston police officer for the day right here, tyler. >> tyler says he wants to be a k-9 officer when he grows up. >> a thank you to mom for taking tyler all around the country to

do that. >> doughnuts. >> doughnuts. >> something you can't learn in school right there. how about that. let's take a look at sutro tower, open it up and you can see how clear and calm it is. at least from this vantage point this morning. usually when we get some warm weather we have extremes as in like it's 60 at the coast and 100 inland. look at our extremes today, there's not much of a difference from the coast in the low 80s to present wood, los gatos and santa rosa in the mid 90s. half-moon bay and pacifica could be in the upper 80s today. look at oakland, 71 is your average high, you will be there by 10:00 this morning and you won't return until about 8:00 this evening. in between noon, 77, look at those mid to upper 80s from 2:00 to 4:00 and we will take a look at san jose your average high is about 73, you will be at 80 at noon, 90 at 4:00 and still 77 at 8:00. no escaping the heat today,

frances. >> definitely not, but the roads are still nice and quiet. a stalled big rig that has been reported as you make your way towards the car hyenas bridge westbound 80. chp arrived at the scene so they will try to clear this. sometimes it does take a while to clear stalls. westbound 580 toward emeryville fine towards the bay bridge toll plaza. it is night out there, very nice at the richmond san of a alley bridge no problems in any direction. drive times, looking good, the westbound bay bridge only 8 minutes right now so it's a nice quiet ride so far, let's hope it says that way. >> frances, thank you. if you are in the market for a new car don't be surprised if you can't find the spare tire. nearly a third of new cars hitting the road don't have them. 7 on your side's michael finny says manufacturers are dropping the tires to save money and space and reduce weight to increase gas mileage. the spireless cars come with

tire inflater kits that can temporarily repair small punctures in flat tires but michael warns a 2015 aaa study found the kits can't fix side wall damage or blow outs. the power of dart is a bluetooth enabled motorized propeller controlled by your phone, add it to a paper plane and download the app it will send it flying for ten minutes per charge. a kick starter campaign for the product started by power up toys is now soaring. the original goal was to raise $25,000, backers have already pledged more than 1.7 million bucks. you will put an eye out. >> i mean, i don't know why you need a propeller on it. it looks just fine. >> next at 5:00 a.m. a serious

close call at san jose international airport. this is not the first incident involving air canada. what went wrong this time around. >> and keeping students safe at >> and keeping students safe at san jose state university, the ♪ ♪

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good morning, south bay. let's get up and get going. >> this is abc 7 mornings. >> good morning, it's tuesday, october 24th, natasha has the day off, alexis on maternity leave today but the rest of us are here including frances on traffic, mike on weather. it's going to be a warm one no matter where you are. >> almost like july again outside. it's really going to be warm. 80s at the coast, 90s for a lot of us and it starts with the lack of a marine layer. no clouds o