co-defendant derick almena. a story you'll see only on 7. >> melanie woodrow is in our newsroom with the breaking details. curtis brick says he will mention the motion to sever on friday, a hearing coming after judge james kramer rejected their plea deal this past friday. the judge says almena wasn't remorseful enough. more shakeups expected in the case this friday. curtis brigs intends to make a motion to sever his client's case from derick almena's case. >> based on the amount of prejudicial publicity that's been -- towards mr. almena, we don't want to water down mr. harris's statement to the public and to the family. >> reporter: friday judge james kramer said almena wasn't

reforceful enough. he rejected the co-defendant's plea deal in exchange for no contest pleas, almena was going to get nine years in jail, and harris six. >> in my opinion, the judge was telling me that the case strictly dealt with -- >> reporter: he'll mention his plannings to make the motion in friday's hearing, but he says it will take several weeks to prepare the motion. friday is also a big day for almena's attorneys. brian gets says they need to decide whether to make a motion to request a change of venue for a possible trial. >> i'm thinking about it hard, i don't know. >> reporter: he says the decision will be a close call. >> we could ask for a change of venue and get a trial in orange county, which in our exper is a much more republic and rigid, narrow minded group of people compared to what you have in alameda county. >> eporter: in an exclusive interview from abc 7 news monday, almena says he doubted he could get a fair trial in

alameda county now. >> how am i going to find a jury that hasn't heard me say i'm guilty for allowing this to happen. >> reporter: regardless of whether they make a motion to change venues, a new plea deal is still likely, just likely not by friday. i reached out to the district attorney's office and a spokesperson said they're waiting until after court on friday to comment. the chp has arrested and charged a suspect in the death of a chp officer and another driver. 46-year-old officer kirk griess died friday in a crash on i-80 in fairfield, a pickup truck hit him when he veered off the road. the chp and the district attorney will reveal more about the suspect in a news conference at 5:30. cornell barnard is there as we speak. he'll be tweeting new developments and updating you through the abc 7 news app. cornell will also join us live for abc 7 news at 6:00. a former santa clara city

councilman who's also a teacher will not face charges following accusations of sexual harassment. the district attorney's office said today there is insufficient evidence against domonic caserta. many say he behaved inappropriately. in may or media partner the bay area news group said caserta would remain a teacher at the high school. people lined overpasses today as part of a procession to honor a fallen firefighters. at one point a highway patrol helicopter flew above the hearse carrying the casket of matthew burchett. it ended this afternoon at the sonoma county airport. that's where abc 7 news reporter wayne freedman now joins us live with more.

wayne? >> reporter: what we have now is the reverse of that procession. we have all the firefighters leaving the airport now that the plane has departed. let's go to some video right now from that earlier just a few moments ago. it's all happened in the last hour. the plane left the terminal after being surrounded at the time by hundreds of firefighters who had escorted the body here. that scene before it left was incredibly impressive as that site outside that terminal, the people gathered, all of the firefighters paying their respects, all of them came with the hearse from ukiah. the procession was at least a mile long. it took several minutes to pass, honoring one of their own who gave an ultimate sacrifice. let's hear first from some of the hundreds of people who lined the streets in addition to the people who were in the auto parade. >> we appreciate what this man did. diff thanethis oha they do

because it makes a difference. it saves lives. >> i came out of respect. it's kind of hard for me to deal with it. >> reporter: matthew burchett leaves behind a wife and a 6-year-old son in draper utah, a city of roughly 40,000 people 20 miles south of salt lake city. he came to california to fight the mendocino complex fire on august 2nd, one of five firefighters from utah, but it was not his first visit to the state, he fought fires here in 2009 and also if 2016. he was south downstream of scott dam when he was hit by a falling tree on tuesday. he is the sixth firefighter to die in california during this horrendous hot summer. that casket was loaded onto the c-130 hercules, it will take him and his family back home. friends describe matthew burchett has having a dry wit.

he was very professional. they say it's ironic he was the guy who always kept everyone else safe. today they honored him in the most sad fashion. live in santa rosa, wayne freedman, abc 7 news. >> yeah, so many heavy hearts out there, wayne freedman live for us. thank you. well, many more firefighters are on the front lines of the mendocino complex fires tonight trying to keep them from doing even more damage. the ranch and river fires together have burned more than 360,000 acres, which is 562 square miles. it's almost double the size of san francisco, oakland and san jose combined. the fresno fire department posted this new video you see here today of crews protecting homes threatened by the ranch fire. you can see there just how close the fire is to buildings, the ranch fire is the largest fire in california history, and it's still threatening more than a thousand structures. it's destroyed nearly 150 homes. well, high profile murder case against a wealthy hillsboro

woman and her boyfriend has been delayed tiffany lee and face charges. a judge today pushed back the trial from september until sometime next year. the da's office says the delay is due to the illness of one of the defense attorneys and to give lawyers more time to prepare the case. lee is currently out on bail after posting property and cash, worth nearly $70 million. a. a man arrested in a deadly hit and run involving a bicyclist in san francisco faces charges of manslaughter and dui. they arrested michael smith of san francisco a short time after yesterday's crash at turk and taylor streets. you see the car involved in the hit and run had a shattered windshield. 65-year-old gregory blackman of san francisco died after he was struck on his bike. a north bay girl is being allowed to attend public school through a temporary court order. book adams suffers from a rare form of epilepsy and takes

cannabis based medication. state and federal law ban those types of drugs from school campuses. carlos saucedo shows us how they're adjusting while they wait for the ruling. >> reporter: the first week of kindergarten for 5-year-old brooke adams has been quite a change. for the first time she's been allowed to attend public school through a court order. >> she's been adjusting to a new location, new kids. but she's really enjoying it. >> reporter: brooke requires special care as she suffers from a rare condition that causes her to have seizures. this scary episode caught on camera during a recent family trip. her family has resorted to cannabis oil for treatment. >> i think as a parent you do whatever you can for your child. i mean, the cannabis is keeping her alive. why wouldn't i want her to have it wherever she goes? >> reporter: but state and federal lafs ban cannabis even n

for medicinal purposes. >> they say their hands are tied. >> we absolutely want to serve the student, and she's a wonderful student and a wonderful family. however, we have laws that dictate we cannot have that medication on campus. >> reporter: last month a judge heard brooke's case and is finalizing a ruling. for now this temporary court order allows brooke to stay in class with her medicine administered by a nurse. mom says she will fight until the very end. >> it would be devastating for her to be able to start here and then have to pull her out and have her stay at home until we figure out what the next step would be. >> reporter: a final ruling on whether brooke can remain at public school with her cannabis medication is still in the works and is expected to be handed down september 26th. in santa rosa, carlos saucedo, abc 7 news. hungry, exhausted and sick. new on abc 7 news at 5:00, saving birds in crisis and how you can help.

>> i'm with the riverside county fire department. >> what's wrong with this video? >> the first responder who wasn't what he seemed to be. the man prepared to watch his home burn on security cameras, and then couldn't believe what happened instead. and a digital heist at your atm, turns out there's an easy way to keep your money safe. i'm meteorologist sandhya patel, a little warmer today, you know when you're at ross shopping for backpacks... ...and mom also gets a back-to-school bag? that's yes for less. ross has the brands you want for back to school. and it feels even better when you find them for less. at ross. yes for less.

...which means you can saynally hyes... ...to the shoes your family wants. find top brands at big savings... ...for men, women, boys and girls all for a whole lot less... ...at the ross shoe event. yes for less. you are looking at birds called -- they're being rescued after washing ashore on bay area beaches. this not the correct video. we'll try and get that to you in a second. more than 100 have been rescued and rehabilitated in fairfield.

leslie brinkley went there to check it out. >> reporter: there are baby mures in pools and more in intensive care indoors. these little guys were likely born on the fair lawn islands. at this age they should be learning to fish with their fathers. 100 chicks have mysteriously washed ashore from monterey to marin over the last month. >> starving, emaciated, anemic. >> have you ever seen anything like this before? >> not this many babies. we have babies everywhere. >> the international bird rescue center in fairfield has a theory. >> warming waters on our coasts means the fish that normally live there are going to cooler waters, they're going further away. babies can't dive. they can't hunt properly. probably what's happening, the adults are following the fish, and they're not able to take the babies with them. >> the expensive around the fo stabilizing the birds here, making sure they're

waterproofed, getting food and medicine. it's being called an emergency as the center is reaching out to the public for financial aide to help these baby birds. the challenge in releasing these chicks in another six weeks is they don't yet know how to fish on their own. so they're going to have to be released with an adult who can guide them to a colony. the fear is, this wave of starving chicks could be just the beginning. >> but it is early in their breeding season and we could be see ago whole lot more. >> reporter: in fairfield, i'm leslie brinkley, abc 7 news. >> now, if you find a mur or other sea bird stranded, call a life guard or animal control officer to help in rescuing it. if you want to donate to the emergency fund, find a link at our website, abc7news.com. we told you yesterday about the fbi warning of a possible hack at atms across the country. >> essentially the idea was that thieves would swipe millions by using cloned atm cards. >> "7 on your side's" michael

finney is here now with a very easy fix. i like very easy fix. >> it's an easy fix. the problem wasn't that big to start with. we've kind of been misled. the hack wasn't unique or larger than usual security threat. it was just one of many that occur each year. industry sources tell me information like this is sent back and forth among financial institutions and the fbi all the time. this one just happened to go public. now, most banks that i reached out to either didn't respond or wanted to keep their comments off the record. so, to wrap up, no new major threat, but security is always an issue. if you think your atm pin has been compromised, what should you do? change it. and as it turns out, it's a very easy process. you're watching it here. easier than changing your online password. most banks, let you change it at the atm. that's what i'm checking out here. the process for bank of america. most are similar to this. on the opening screen, look for main menu, then select it. you will -- up will pop a list,

select additional options, change password. and follow the instructions. if you don't want to mess with that, call the telephone number on the back of your atm card, or make an appointment to go into your bank's local branch, banks are cool with both of those. generally it's much easier to do than to change your number on almost any, you know, amazon or any website you use. >> michael, thank you. >> good advice. well, police in southern california are investigating a man who appeared to pose as a local firefighter during the holy fire in lake elsinore. >> rob mcmillan with our sister station in los angeles explain what residents think he was up to. >> the images from last thursday were terrifying, flames from the holy fire racing past dozens of lake elsinore homes, many people already having evacuated, not knowing what they'd come back to. >> i thought i was losing my home. >> reporter: and diane cody was able to watch a lot of it from her ring doorbell.

firefighters coming to the door to make sure everyone was out, and even watching as flames raced along the hillside across the street. >> it's heartbreaking, and it definitely shows you how close we came. >> reporter: but the video that scares her the most actually came just two days ago, long after the fire had passed when this unidentified man walked up to the home. i'm with the riverside county fire department. trouble is, he's not with the fire department. >> we were just letting you know that everything's under control. we are so sorry it got so close. >> reporter: when she then reviewed other cameras showing the guy walk around to the backyard, and look at this, she says you can see him snooping around near the back fence. so you think he was here looking into your backyard? >> yes, i think he was looking into the house. >> reporter: and look at how close her daughter and granddaughter were to actually opening the front door. >> i think he came here for some

bad intentions. >> reporter: the riverside county sheriff's department is investigating. >> we are actively looking for the public's help in identifying the male subject seen in this video. >> reporter: how can you tell if someone at the front door is legit? >> if the fire department needs to make contact with you at your residence, we'll be in full uniform. >> the more we reviewed the footage, saw him peek over the wall into my home where my grandchildren were sitting eating lunch, it was devastating. i mean, to the point where i'm ready to sell and move. >> reporter: rob mcmillan, abc 7 news. well, a homeowner got a special house call after firefighters saved his home from the holy fire. fred grasso evacuated his home in corona and watched firefighters battle the flames through an app connected with security cameras. he got a notification that someone rang the video doorbell. >> your house is safe. >> i really appreciate that,

thank you so much. >> okay, are you guys doing okay wherever you're at? >> yeah, we're over here at my aunt's house in irvine, we're okay. >> i told him, you know, thank you, we love you. >> we love you guys, man. >> oh, we love you guys, man, stay safe. >> wow, the power of technology there, the holy fire is now 72% contained. >> announcer: now your accuweather forecast. our cooler weather is certainly helping the firefighters around the state. but the heat is going to come back. let me show you live doppler 7. the fog has pulled away about everywhere today. the monsoon moisture is resulting in some strong thunderstorms in southern california. seeing some thunderstorms in the sierra right now, most of those pretty much out of the tahoe/yosemite area. but they are accompanied by rain and could see hail there. gusts to 28 in fairfield right now out of the southwest, but still a sea breeze, gusting to 26 in san francisco. and we're going to hang onto the sea breeze as we head into

tomorrow. just a little bit weaker, which will allow those temperatures to come up a few more degrees, esecially away from the coastline. here's a live picture from our emeryville camera. it's a bright view as we look all the way across the bay, 65 in san francisco, it is 69 in oakland, 70s from mountain view to san jose, half moon bay you're at 64 degrees. abc 7 pier 39 camera looking at the sea lions and the people actually watching them, the tourists enjoying sunshine and comfortable weather in the city here right now. 76 in santa rosa, it is 78 degrees in napa, 80 degrees in fairfield, our warmest spots in the low 80s along the coast in the 60s. a view from our south beach camera showing you sunshine heading into the next 24 hours. low clouds and fog overnight tomorrow, the warmer continues into the weekend. hour by hour we go, 7:00 tonight, that fog will push back in over the bay, and as we head towards tomorrow morning we'll stll see the fog around 5:00 to 8:00 a.m. around commute hours,

pulling away, hanging tough right near the coast, like we expect to see around this time of year. temperatures in the morning, low to upper 50s for most of you, the fog will be around, reducing the visibility. so allow some extra time. and then for the afternoon, 64 in san francisco, 61? half moon bay. 85 in santa rosa. nice day in oakland, 71 degrees. 89 fairfield. antioch, concord. 88 in livermore. so the sun will be shining away from the coastline for your thursday afternoon. you can always download the accuweather app and check out those temperatures anytime you want. here's a look at the temperatures over the next seven days. they're rebounding tomorrow. the warming continues on friday. notice we're in the mid-90s inland, low 60s coast, almost 100 degrees on saturday. we'll be seeing that summer heat for the weekend mid to upper 90s and then low to mid-60s coastside. a wide range of temperatures, then early next week it will be a little bit cooler but overall the pattern is beginning to

shift towards warmer. so if you've been really enjoying the break we've had from the hot conditions, take advantage of it. i think you have a little more time to do that before it gets really hot out there, at least inland. eric and dion. >> sandhya, thank you. >> inland. >> inland. from the little kids to the much bigger ones today is the

the securities and exchange commission has apparently served tesla with a subpoena after elon musk's tweet i have a nounsiann thinking about taking tesla private. they're looking into his tweet that sent shares fluct f and -- a statement that musk had funding secured may have violated an sec rule that says public statements made by company executives must be true. a new hotel in south san francisco is going up so fast

you can almost have booked your reservation at the construction site. home 2 suites by hilton was dropping nearly finished marginal rooms onto the hotel as a crowd looked on. the prefab suites are built ahead of time. >> that's the amazing thing about this modular construction, that's all in there, everything is all set up in that room already. the shelves are in there, the wall paiper is in there, the carpeting is in there. that's what gives us a tremendous advantage in the construction process. the start of this school year has special meaning for a group of students in oakland. they are the inaugural class of a new high school. students arrived for the grand opening of a new catholic high school for low-income students. on the campus of a former st. elizabeth high school. the school offers college prep

classes along with corporate work study experience. parents pay a small portion of tuition depending on income. first day of school for students in the biggest school district in silicon valley. abc 7 news was there for the kickoff. not only the first day of class for students at simonds elementary. >> this community is fabulous, we have awesome teachers, everyone has come together and has been so welcoming. >> still nervous, i take lots of pictures, and i hang out by the classroom and make sure everything is going well. >> more than 30,000 students are enrolled in 41 schools in the san jose unified district. still ahead, the a's fight to reach the top of the standings. >> and sharing is caring. little boy who proved a good sport at the ballpark. but first, we want to thank brandon for this picture of the painted ladies in san francisco. >> totally spectacular there.

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superior accuracy in the palm of your hand. the new accuweather app from abc 7 news. minute by minute forecasts, plus realtime radar and alert. keeping you safe. search accuweather in your app store and download now. coming up on abc 7 news at 6:00, moving out. the north face is heading east out of california. we'll take a look at the bigger picture of doing business in the bay area. also -- >> measles can be a very serious infection. >> it is shaping up to be a bad year for measles. at 6:00, a look at the threat and the urgent call to get people vaccinated. the wonder of the warriors, live from oakland, larry beil shows us the latest way to celebrate their championship season.

all coming up at 6:00. another exciting day today at the oakland coliseum. didn't end the way a's fans hoped. >> oakland had a chance this afternoon to pull within a half game of the first place houston astros. but second baseman d. gordon spoiled it, blasted a two-run homer. >> his second homer of the year. on friday the a's will square off the astros at the coliseum, the biggest series the a's have played in recent years. fans at a game last night in detroit will have quite a story to tell for years to come, not for what happened on the field, but instead in the stands. >> an adult fan snagged a foul ball, then handed it to a young tigers fan. you see that all the time. he goes down a few rows and gives the ball to a younger kid who's stunned. he gives mom a big hug. and check out that smile. >> moments later, a handshake to the boy who gave him the ball all to say thanks.

the goodwill keeps oncoming. >> that's paying it forward. thanks for joining us. i'm tonight, several developing stories as we come on the air. the president's move late today, revoking the security clearance of a former cia director who spoke out against the president. the white house citing john brennan's, quote, lying and erratic behavior. and then issued a warning, a list of names of who could be next. our reporter pressing the white house late today, is the president now targeting those who question him in public? also, at this hour, the jury now set to decide the fate of paul manafort. our team in the courtroom, robert mueller's prosecutors telling the jurors to use your common sense. does it make sense that paul manafort had 31 overseas accounts that he forgot he had to report them? manafort's lawyers taking aim at rick gates. will it work?

also breaking as we come on, we are just learning of a shark at