>> tv's number one daily viral video show "right this minute." >> boaters fear an eagle is hurt after it starts to do the breaststroke. the shocker when they see it's the eagle putting on the hurt. a cool kid gets a package from a producer. >> what movie? >> the sweet gift that will ny of os. he combines wide open spaces with a wide open prop. all the angles this base jumper bradley o'neal strikes again. and somebody could have told this selfie seeker, but they didn't. how he's catching a wave and not just on camera.

>> that's not supposed to happen. >> but i'm glad it did. we got a bird down in this video and people on this boat at first were concerned. but you can see this eagle just floating along in the river in mississippi and he starts to do the breaststroke because this eagle has something onnd.hink t? i' let you have that. >> oh, my gosh. >> it's huge. >> look at the screen. >> oh! >> it was available, it's hungry, it's a eagle eats fish world so he's going after it and he got it. >> early bird gets the warm. >> the big fish. >> that bird got that fish on to the shore, but wait, the fish is like wait, i think i need to go back and the bird is like no, not today. >> that's crazy. that eagle is going to need a

few more hearse cars to power that up into his nest. >> that fish is going to be dinner but that eagle, that is why it's so regal stands there like yeah, so don't anybody get any ideas about me losing my touch. this video has gone viral because nobody likes a story like an american eagle doing his thing. >> that's quite a catch. >> yeah, of the day, of the week probably. >> yeah. >> oh, my goodness. >> there are certain types of video on this show that i cannot get enough of. wide open spaces. a guy on a motorcycle just laying down some speed. a nice little jump right here. gets some air and right after that it's all throttle. >> oh, wow! and there it is. >> there he is.

our favorite mo to base jumper. the only one i know of. bradley o'neal can do this and shares his videos with us. of course he's quite thrilled to land safely and this is just something that bradley has worked on for a while and that point. >> i thought it was adrenaline. >> it is adrenaline, fast enough to keep up with bradley as he grabbed all the throttle that that bike can muddle and speed toward this brick wall of a mountain. it looks awesome from the drone's point of view. >> it gives you perspective as to just how mental the jump is. >> the cool part that we see here and that i've never seen in any of his videos before, the track. >> the green track. >> yeah, you can see it looks like they laid down some of that fake grass to give him some traction. he needs all the grip he can get to just launch it right up in the air and every angle you see

of this -- >> i love it. i can't get enough of it. cameras in this home captured this encounter. you see that there is a syberian hus husky behind the gate that is opened by a man that appears to be walking another job. they both start sniffing each other up like dogs tend to do except this guy is up to no good. he's not out walking the dogs, he's out taking the dog. >> that's so sad. >> he pulled both dogs out of the gate and off they go. >> do you know if that other dog he came in with was also dog napped? >> this video made it online. the owners of the other dog also recognized it. this video was shared and while authorities aren't exactly sure they do believe maybe that person was intimidated by all the attention the video was getting. he ended up getting found with a

homeless woman and the other dog somehow found its way back to its own home. >> that's great because you never know what that guy had in mind. this next video is inside of a patrol car. so they just pulled this guy over because according to reports, he'd been wobbling around, maybe having had a few too many drinks. as the officer appears to be writing what we presume is the citation, this guy reaches over and takes the i d-back. at this moment his brain is working very hard to devise a plan on how he can possibly get away from this. >> i can't wait to see the brilliance he displayed. >> the officer looks away, it's his opportunity to get rid of evidence so let me see this. >> but they've already seen your id. >> they have you. >> well, he's not done yet, my friends. but he can expect deprivation of his rights. on the sense, he's

excited because he's hearing a pretty interesting story. >> we wrote mama and sent an e-mail. >> you see, he also has adhd. he started this when he was younger he saw the first and he loved every year from then on on his birthday they'd all watch the next movie. on his 7th birthday, they said take a picture, it's actually tagged one of the producers. back out to mallory. >> what does this mean? >> the wikipedia. >> what movie? >> that's because we wikipedia'd that guy's name. >> what is that though? >> the thing is, there's more

than one sharknado movie. >> another one! >> did not know they made that many of those movies. now they can sit down on his birthday from now on and watch every single one back to back. >> you see it very soon, so from us here right this minute. >> happy birthday. a cat lover spots a struggling stray hopping around. >> oh. >> see how she leads him on one heart warming journey. and dude gets a fresh new cut because well. >> a bed is a bed. >> not bad. >> why it's the secret recipe to scoring a free meal. ooohhhh

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preventing cavities up to 40%. act kids fluoride rinse, stop imagining, start acting jur well, a bed is a bed. wait a minute. >> zack lost a bet because he couldn't eat enough mcchickens and he had to shave on the back of his head a kfc dude. >> we're talking about the one and only colonel [ bleep ] sanders. >> wow. >> not bad. i mean, it's bad. it's really, really bad but from an artistic standpoint, well done. >> it's about to pay off. they've decided to hit up a few kfc locations and ask for free food. >> we've got colonel sanders on the back of his head. we get something free now right?

>> i can definitely give you something. >> like [ bleep ]. >> what about two drinks? >> got you. next up, they've already got the drinks, so -- >> look at the back of his head. it's colonel sanders. we now from abc 7, live breaking news. >> good oomp, everybody. larry beil along with kristen sze and we're interrupting for breaking news involving the ghost ship fire trial and major develops this afternoon. >> on this tenth day of deliberations we now understand that three jurors in the trial have been dismissed and they've been replaced with three alternate jurors. and we actually just tweeted that on our abc 7 news twitter account, so take a look at that. getting that word just in of the replacement of three jurors. and we're live right now outside the courthouse.

you can see the podium has been set up. if anybody will talk, but they may not, as we are understanding that it is simply a juror replacement issue on this tenth day. but it comes after 3 1/2 months since the trial first began. >> derick almena and max harris ran the artist collective known as the ghost ship. they were each facing 36 counts of involuntary manslaughter, one count for person for each that died in that fire at the warehouse back in december of 2016. the prosecutors were claiming the two knowingly let the warehouse become what they called a death trap in part by not installing fire safety devices. the defense team maintained the fire could have been arson and city officials never took issue with conditions at the warehouse even though they visited the warehouse several times before the fire. >> so it's been a busy day with judgeivua

let's go to melanie woodrow live outside the courthouse, or inside, with what's happening. >> reporter: we are inside and we just got an update from a producer with abc 7 news who had been up in shared that news that three jurors have gone excused. juror number 13 will replace juror number 1, 14 will replace juror number 3, 15 will replace juror number 4. we don't know why these three are being excused. as you said this after ten days of deliberations and these new jurors, once they enter the jury, they will begin deliberations again. they'll start from scratch in terms of those deliberations. we're hoping that we're going to be able to talk to some of the victims' family members. there was a victim liaison who reached out to those family members earlier today, according to my colleague laura anthony, and told them they would definitely want to be here this afternoon at 2:00 for an

important announcement, and we now know what that was. that three of these jurors are being excused and replaced. we don't know why get. we're waiting for information, and hopefully to talk to some of those victims' family members. this has been a very lengthy process for them and one that is about to get a little bit longer. >> joining us now is legal expert and attorney david lim. now are now a practicing defense attorney in san mateo. however, a lot of us know you as the lead prosecutor on the ghost ship trial, you were there from the start, deputy district attorney with the alameda county doerp's office. you left before the trial began. we thank you for joining us to give us your expertise. >> my pleasure, thank you for having me here. >> what lead s to the replacemet of jurors? three go after the judge talked to each individually? >> it is unusual. but not so unusual that it doesn't happen from time to time. and i do want to say, as we're talking, even though i was the

lead prosecutor up until the time i retired from the district attorney's office, i have no special insights into this particular trial since i left the office, i've had no contact with the strategies or day-to-day wargs of the trial. i'm talking merely based on my experience as a trial attorney for almost 20 years and what normally happens in this case. i've had trials where jurors get dismissed and replaced. it is unusual, but it is not unprecedented. judge thompson and the attorneys obviously felt fa there was something there that felt that they needed to replace those jurors, either they weren't able to deliberate according to the oath that they took and the law they were directed on by judge thompson, and so in consultation with the attorneys after talking to them a decision was mid to replace those three jurors. obviously we don't know the reason why, there could be a myriad of reasons why. >> what are the things you've seen in the past? >> in a lot of cases jurors refuse to deliberate.

and they will just kind of sit there, stone faced, armed crossed, refuse to partake. other jurors will report them. the foreperson might report to the judge, we've got a juror who refuses to deliberate. and under the law, jurors take an oath that they will fairly and conscientiously deliberate and determine the facts of the case and apply the law to those facts. so if you have a juror who refuses to do that, it is within the prerogative of the judge to say, we're going to thank and excuse you for your service, we're going to put the alternate in. in a trial like this that's lasted as long as it has, it could be something as simple as personal deflect -- conflicts. they've been together four months, they've been at this trial ten days but more like three weeks, under very stressful circumstances. tasked with a very enormous responsibility of finding guilt or innocence for two people charged with the death of 36 people. it could very well be that tensions just kind of rose to a point where they're saying, i

can't stand this person anymore, i've got to get out of here. usually that's not enough for a juror to be dismissed. a lot of times a judge will say, you guys got to behave, the adults, get over it, get along. in some circumstances the judge may feel the atmosphere so is toxic that it's better to let those jurors go and start fresh with a new pool who get along. >> the fact that it's not just one juror but it's three, does that tell you anything more about the possibilities here? i mean there were so many rumors earlier in the day about a possible mistrial, about possible juror misconduct. would that be something, say if it was the three of us and we were talking about the case outside the courtroom, would that be enough to get you replaced? >> that's a great point, and that's a very big reason -- that could be a very good reason why three would be dismissed. in fact, that's what i was thinking, as an attorney, having done 50 jury trials in my career, when you have a number

of jurors leek that, the first thing that you're going to say as an armchair attorney, since you're not prosecuting, oh, they must have all talked together, maybe they got together over the weekend at someone's house and said, we can figure this out better than anyone. this is all speculation on our part, but that's a very good observati observation. i think in this case, judge thompson was wise enough at the beginning of the trial to give the court some cushion. so i think they picked six alternates which is very unusual. usually in a case, even in a felony case, you'll have two, three alternates. i think judge thompson, being an experienced judge, very wise, knew this case could last that conflicts might arise, so she picked six alternates. maybe she felt in consultation with the attorneys, we have the cushion of alternates, better to replace these three for whatever reason that they felt they needed to be replaced. but she gave herself that cushion and i think she exercised that. >> they had already dismissed a couple. we don't have three alternates left, do we? >> no, so i know at least one

alternate was seated almost immediately at the start of the trial due to some medical or personal rope or one of the junior errors that was seated. i can't remember off the top of my head if there was a second juror. i know that there are only one or two alternates left. in a normal situation is plenty of wiggle room. in a case like this it starts to make all parties a little more queasy because maneuvert this p if something happens t those other jurors or they run into problems, you're not going to have that many alternates left. >> fascinating development. and again, there have been rumors during the day. if there is indeed a gag order that accompanies this move, we may not know for a long time exactly what precipitated this. >> right. you know, we don't know, for example, if the judge made any findings on the record, on the public record. we know that she thanked and excused three of the jurors and replaced them with three alternates. we don't know if she made any other findings on the public record. it would be unusual for her to

do so. there's no need. we really appreciate that the court system in general, in law enforcement, defense attorneys, everybody in the criminal justice system, really appreciates the hard work of jurors. they do it for free. they're called to do it as a public service. usually there is not a benefit to throwing a juror under the bus, even if they made a mistake and it amounts to misconduct, you're not going to want to publicly broadcast and embarrass them any further. they've done an admirable job what was they've done. so you're right, we may never know. >> let's continue to analyze what happened today, but we want to catch viewers up on the charges. the defendants and what they're being charged with, what they're on trial for. so this is basically, we have derick almena, the master tenant, if you will, charged with 36 counts of involuntary manslaughter. and of course we also have max harris, the creative director of the ghost ship, who has also

been charged with 36 counts of involuntary manslaughter for the fire that happened in december of 2016. now what would a reasonable person do? we broke this down to show you criminal negligence, the prosecution claiming they lied about the use of the ghost ship, meaning almena and harris that they created a dangerous condition, and that they're indifferent to consequences of actions. >> the prosecutors announced the charges against almena and harris on june of 2017. and lawyers on both sides agreed a trial would be both expensive and lengthy. a judge encouraged them to try to reach a settlement, which was reached, actually. they got the settlement done july the 2018. and a no contest plea was entered for almena and harris. an mena, he would have gone to prison for nine years and harris for six years, but then the deal didn't last. because family and friends of

the victims asked the judge to reject that deal saying the punishment was not harsh enough. and then the judge followed through with a rejection so they had to go okay, now we're going full bore into the trial. >> and let's bring david back in to talk about this. you are of course still on the case when that judge rejection happened. not talking specifically about this, but in general, when you have families that have gone through this trauma this tragedy, and they're very emotional, and they say that is not enough, is that something that would cause the judge to say, okay, then, and for the d.a., is the edition like, okay, we've got to roll with the dice, we've got to respect the family? >> in this case, there's a little nuance to it.e kmerasheu judge this one. >> a dif judge, judgeeardhetenc. under california law, victims

absolutely have a right to address the court at the sentencing hearing, which many of them did. it was a very emotional sentencing hearing. i was there as the prosecutor, and i will tell you that it was probably the two most emotional days of my career in terms of being in court and hearing these families have to talk about the loss of their loved ones and the impact that it had on them. and so those victim impact statements were very moving. but ultimately the judge rejected the plea deal, not based on that, but on the record that he stated was based on mr. almena's statement which he felt lacked true remorse. almena and harris made statements as was their right. after that hearing judge kramer announced that he was going to reject the deal based on what he felt was a lack of true remorse shown by mr. almena. that's on the public record, which is why i'm able to talk about it. after that, the district attorney issued a letter saying that there would be no further negotiations and that the case would go forward to trial

without any further negotiations. that was a letter that was again filed in open court so i'm able to talk about it as a public record. and that's how we found ourselves here with this trial that started up this past spring. >> let me ask you something about the timing here. because they've been at this for a while. i think you mentioned coming up on three weeks in terms of deliberations. can you read anything into that, given where we are now, and going forward with this case, that -- i'm having a hard time wrapping my arms around why we would seemingly almost get to the finish line and then replace jurors? and beyond that, the idea that, as we all sat and played kind of armchair attorney during this, that w yr agreed to nine and si respectively, that they could get less if the jurors find,

well, maybe they weren't the ones that were bearing the weight of responsibility? >> that's always -- to answer your question in two parts, i think the reason why the judge probably made the decision to replace, and obviously i'm not her so i can't read into her mind. judge thompson is a very good judge. she has i think 17 years' experience as a judge. she was appointed in 2002. she was elected to her position. before that she had a long illustrious career as a public defender, a court commissioner. she knows what she's doing. and it's not enough to just get a verdict. you want to make sure that the verdict is fair and just for both sides. and i think prosecution and defense would agree that you want to make sure that your jurors absolutely did the job that they needed to do and that it's not going to get overturned on appeal. so judge thompson knows what she's doing. so she had a reason to say, i'm going to replace these jurors. she's a very good judge. with regard to your second question about, how can we get

this close to the finish line and have to restart? i always learned in law school, they tell you that the judicial system is not meant to be fast, it's meant to be fair. i'm pretty sure that's probably what -- again, i'm sure that's foremost in her mind that she wants to make sure they absolutely get this right. there is an unwritten rule amongst trial attorneys that for every month you're in trial, usually you can expect the jury to deliberate a week. that's not scientific but it's something you learn as a trial attorney. three weeks, even though i know the families are on pins and needles and everybody is eagerly anticipating a verdict, three weeks for a case of this magnitude and length is not unusual. >> okay, can i ask you, now that they have three new jurors and they start deliberations anew, what does that mean in terms of timing? how do you catch them up to speed quickly? do they just go over what they had already talked about without them? they sat in on the whole trial, they heard the testimony but not the readback.

how does that work? >> so one of the great mysteries of the legal profession is jury deliberations. as you know, jury deliberations are secret. there is no cameras, attorneys are obviously not allowed in. even the judge is not allowed in. you are taking 12 men and women from our community, you are giving them the applicable law that the judge has read to them and they're told, you must take all this law, you must follow all this law, then you have this box of facts which is all the evidence from the trial. you have to take these facts, you have to determine what is true, and what is not true, based on your best reading of the facts, then apply the facts that you believe are true to the evidence, to the law, and determine if the law has been broken. when you have jurors replaced and ordered to start over, that really means you have to start over. so you have to take that hypothetical box of evidence and start fresh and go around the room and tell everybody, okay, here's where we are, here's what we have, what fact dozen we think are true, what are not true? >> just to be clear -- okay. let's get to abc 7's laura anthony who is at the courthouse

and has been covering this case from the start. >> laura? >> reporter: yeah, hi, this was a rather stunning development. we got wind of it really earlier this morning when we saw these jurors one by one being called into the courtroom. it appeared from our vantage point, which was outside the courtroom, that they were being questioned individually. then we had word at 2:00 there was supposed to be an announcement. i was in there for the announcement. it was rather stunning as the judge, one by one, replaced three jurors, three women, as far as we can tell, with two men and one woman. and so now as you guys have been discussing, they will have to start their deliberations all over again. >> all right, laura. laura anthony has been covering the trial from start to finish. david, i want to thank you for your time. and as we continue on with this case, i'm sure we'll be counting on your expertise. but for now -- >> back at 4:00. >> yes, don't go far.

right now we'll turn it over to "world news with david david v tonight, the officer fired.v the nypd commissioner before the cameras today, firing the officer in the eric garner case. what the commissioner said, acknowledging officers will be angry with him, but he explains his decision. also tonight, three separate cases, police say suspects threatening mass shootings. among them, a suspect who boasted he wanted to kill 100 people. and tonight, another case, the self-proclaimed white nationalist in court, accused of a chilling threat to shoot up a jewish community center. bracing for storms in the east at this hour. the 60-mile-per-hour winds slamming the beach. and several children injured in a lightning strike. possible storms from philly to new york to boston. and ginger is standing by. the news conference just moments ago. the search right off the coast for two missing firefighters. what authorities are now