next at 5:00. a new look at the killing of oscar grant, a surprising turn of events on a case that rocked the bay area. the officer that was there when he was killed on the platform. two sisters demand justice, their brother was killed by police and now what the governor is promising. >> firefighters the devastation left behind. the governor nominates first openly gay man to the supreme court. good evening and thanks for joining us.

we begin tonight with two major actions on the issue of race and social justice. two subjects at the heart of our effort to build a better bay area. the first is the fatal shooting of oscar grant police. oscar grant was lie ing was evidence that another officer is guilty. abc7 is on the story. >> justice delayed is justice denied. >> reporter: more than 11 years after her son, oscar grant was shot and killed by b.a.r.t. police officerer at the fruitvale station, she wants the case reopened and new charges levied against one other officer. >> we will continue to be out here and remind the world of how

our judicial system is continuing to fail people of color. >> is grant was shot and grant's family a now wants prosecutors to consider filing criminal charges against former b.a.r.t. officer tony peroni, who was seen in cell phone video holding grant down in the seconds before he was shot. >> oscar's last wrds were, i can't breathe. anthony peroni, the b.a.r.t. officer that created the environment of violence, pinned him down. >> as the grant family spoke, the district attorney announced she heard them. quote, we are reopening our investigation. i have assigned a team of lawyers to look back in the circumstances that caused the death of oscar grant. we will evaluate the evidence

and the law, including the laws at the time and a statute of limitations. >> we will be praying and hope she sees the truth in the issue. >> the officer was fired but never charged. we were told that he does not believe his client could be charged again under the law. given his conviction ten years ago. laura anthony. abc7 news. >> governor newsom is responding to a arrest of two sisters. today, abc7i-team reporter asked the governor about the arrests and melanie, you have been following the story since the beginning. >> that's correct. the governor said that he has asked the staff to take a closer look at the investigation. but the governor the not answer the specific question i asked.

>> protesters gathered outside govern er gavin newsom's home, in the crowd, the sisters. >> we are practicing our first amendment right, and we pose no threat. >> they want to speak to the governor about their brother's death and have not received a response. their brother was outside a walgreen's where there was a luting. he was crouching in a half kneeling position, moving his hands towards his waist area, revealing what they thought was the butt of a handgun, and it turned out to be a hammer. the body camera -- >> he pointed a gun at us. >> the district attorney recused herself from the case. the attorney general declined to

investigate, the ags office is investigating the police department's destruction of the windshield that was evidence. the call to the governor? >> we want him to break his silence. >> instead, the capital protection section arrested 17 protesters. >> for him to come at us full force in the way we were arrested is kind of like, it hurts. >> today, i asked governor newsom, would you be willing to speak with sean montarosa's family, he did not answer that specifically but said, i have asked my staff to take a much more detailed look at exactly why the attorney general chose to not move forward in terms of the criminal investigation though i'm pleased and grateful for the attorney general moving forward as it relates to police practices in that jurisdiction so we will have more to say shortly. >> the protesters were arrested

for trespassing. >> at the end of the day, we were posing no threat. >> the sisters were in jail more than 20 hours. >> i'm exhausted. i'm trying catch up on sleep. i feel motivated more than anything to go harder for justice for our brother, sean. >> the protesters had though post $2,000 in cash each to be released. abc7 news. now, to the glass fire in napa and sonoma county. it's now 30% contained. flames are still posing a threat to other parts of northeastern napa county,an see several burned homes. here's a live look at officials with cal fire and sonoma county update the news. >> the kitchen staff at the

hydro grill are cooking again after a long week of being shut down. the town was evacuated one week ago due to the approaching glass fire. >> it's so stressful being gone. >> owner gail keller said this the home coming is bitter sweet. so many in the valley have lost everything. >> we are happy to be back. we have a house. we have a business. and some people don't, and it breaks my heart. >> the town is slowly repopul e repopulating, coming back to life. >> i cannot wait to have everything set up and be arresting at home. >> ana estrada is back home. this man is happy to find his home as he left it. >> we are super happy to see our small town, that it's like safe and we thank the firefighters a lot for all the hard job they have been doing for this whole week. >> meanwhile, northeastern of calastoga, the glass fire may be making its last standoff

highway-29. the choppers are dousing hot spots as they push. evacuation orders are holding but this person has decided to stay. >> it looks like things are a little better for us. but, it's still going up north to the east so, still in danger. >> the cooler weather conditions this week may help firefighters. with the pretty high can confidence. we can say that we have gotten past the peak of the most extreme conditions. >> many are giving firefighters a lot of thanks. >> this is our seventh evacuation since 2015. and we have been safe every time. thank you. >> in the napa valley, abc7 news. >> glad to see that woman doing well. martin jenkins was nominated to the state supreme court.

his father was a janitor for more than 25 years and he grew up to play pro football with the seattle seahawks and went to law school at usp, he accepted the nomination and had this message for young people. >> anybody who knows me, knows my identity has been as a gay man, perhaps the greatest challenge of my life. and it has not been easy. but i want to say today to those young people who may be watching and those that may hear about what has transpired here that i am not here in spite of the struggle. i'm here because of the struggle. >> his words give me chills. jenkins served on the alameda county superior court. president bill clinton pointed him to the u.s. district court. well still ahead, better

testing and in a way, better numbers. santa clara county, looks ahead and plans for the next phase of reopening. plus, crowds cheer as president trump was discharged from the hospital, and he is back at the white house. proposition 16 takes some women make as little as 42% of what a man makes. voting yes on prop 16 helps us fix that. it's supported by leaders like kamala harris and opposed by those who have always opposed equality. we either fall from grace or we rise. together. proposition 16 provides equal opportunities, levelling the playing field for all of us. vote yes on prop 16.

traffic and air pollution will be even worse after the pandemic. that's why we support measure rr to keep caltrain running. which is at risk of shutdown because of the crisis. to keep millions of cars off our roads, to reduce air pollution and fight climate change. and measure rr helps essential workers like me get to work and keep our communities healthy. relieve traffic. reduce pollution. rescue caltrain. [all] yes on measure rr.

in santa clara county, the chief health officer has issued a revised order that allows more businesses and activities to resume in the next tier. it comes as governor newsom said the state is beginning to see a plateauing, and more counties will shift to lower tiers tomorrow. the governor warns that coronavirus is worsening in 21 states so the pandemic is far from over. meanwhile, abc7 news reporter chris wynn has more on what is happening in the south bay. >> reporter: this afternoon, an encouraging announcement from santa clara county as it moves

toward the orange tier. >> we want to align closely with the california department of public health. to make things simple and to prevent any confusion. but, we also want to reduce the chance of yet another swift spike in cases. which means that we will continue to move slowly in two key areas. >> under the revised risk reduction order. indoor dining as well as in door and outdoor gatherings and revacuum as early as october 13th. with 25% occupancy limitations. >> if as we move forward, we slip back in to a previous tier, that will be diss ruptive for everyone. so as a community, we have got to work together. >> just because an activity is allowed doesn't mean it's safe. dr. dean winslow, said the measured approach is about threading the needle. >> we are increasing the risks

and it's individuals that have to make the choice about, you in a way, how much risk they are willing to take at this point. >> and a reminder that being outside is still safer than the indoor environment when it comes to potential exposere to covid-19. >> small aerosols can be remain suspended in the relatively still air in doors for up to 3--4 hours. >> the news comes as santa clara county over took alameda county over the weekend for the highest number of covid cases in the bay area. butler county officials say apa day positivity and testing rates are down. which is why santa clara county can enter the orange tier in the coming weeks. president trump is back at the white house tonight. he walked out of the walter reed hospital in bethesda, maryland just about 90 minutes an after

being treated for covid-19. marine one then took the president back to the white house where he is expected to stay the next several days. earlier in the day, the president tweeted quote, don't be afraid of covid, the president who is still contagious and surrounded by staff ers was seen taking off his mask as he stopped to wave before heading inside. >> as president trump arrives at the white house, there's growing concern about the spread of covid-19 infections among white house staff and others. it comes as experts in the bay area and the cdc are re-enforcing the warnings about the continued dangers of airborne transmissions. the number of white house staff, visitors and senior republicans infected with covid-19 has climbed to 18. according to account by abc news. those numbers are surfacing quickly. aft after events like the announcement in the rose garden of amy coney barrett's

nomination to the supreme court. >>if you look at the pictures, they are horrifying. >> this doctor worries about the message being sent by even the president's own family members going without masks at public events. and the cdc has updated their advice, warning of the dangers of airborne transmission beyond six feet in crowded events. >> where you may have more spread of droplets and they may be sustained in the air longer in aerosol form. >> those concerns were echoed but secret service agents who had to protect the president as he took a part of the motorcade. >> it really requires masks and social distancing. it's so simple.

and yet they flaunted those and got people sick is. which is sad, now, yesterday, debate moderator, chris wallace of fox news criticized the president's family members for not wearing masks in portions of the event. a little bit cooler and may be even rain by the end of the week. they do one of the most difficult jobs there is, even in normal times. our frontline health care workers. and when these heroes lack the resources they need, that risky job gets ten times harder. prop fifteen makes corporations pay their fair share. to invest in our communities, in our clinics, in the essential workers who treat everyone- rich, poor, and in-between. whether it's this pandemic or the next health crisis, vote yes on prop fifteen. for all of us. the unfair money bail system. he, accused of rape. while he, accused of stealing $5. the stanford rapist could afford bail; got out the same day.

the senior citizen could not; forced to wait in jail nearly a year. voting yes on prop 25 ends this failed system, replacing it with one based on public safety. because the size of your wallet shouldn't determine whether or not you're in jail. vote yes on prop 25 to end money bail.

in the south bay, a woman is being held on bail. critics are questioning now why the 23-year-old's bail was set so high, including the mayor himself. that is according to our media partners at the bay area news group. san jose police say they are looking for a second suspect wanted for the vandalism. san jose police announced they have arrested two people involved with the vandalism of a statue last month. and sticking in san jose

right now, city leaders are commemorating the completion of 400 miles of bike lanes. it was a major plan. the celebration is a day before city council discusses recommendations for the next project. called better bike plan 2025. they say san jose needs to be aggressive in the fight against climate change. >> we want to move more folks from four wheels to two. because we know we are all feeling the impacts of climate change every day and the air that we are breathing and the water that is rising on our shores. >> mayor lacardo, said better bike plan centers on bikeway safety and accessibility. >> now, your forecast. >> good evening everyone, it has been a beautiful day. warmer than the weekend, let me show you a live picture from from our emoryville camera. the sun is shining and it's a

bit faded as we feel the impact of the wild fire smoke. it's 81 in napa, currently hot in fairfield. 98, and 95 in concord. now, this looks welcoming from the cam, the fog will be expanded. it's 72 in oakland. really comfortable in san jose, 84 degrees and chilling in pacifica, 55 degrees. air quality was better for some cities earlier had this afternoon. it is starting to go down hill again. moderate air quality in santa rosa, and in napa, concord poor for specific groups. it's all moderate and fremont and santa cruz are green. from our east bay hills camera. you can see the hazy skies. a spare the air alert continues through tomorrow and then, notice wednesday, thursday, friday, we will get out of the poor air quality mode and we wll see good to moderate air quality. as you take a look at a live

picture from a san jose camera, the marine layer expands and it will be cooler and a chance of rain friday and saturday. here's a look at live doppler 7, notice that we have with the fog that is creeping back in along the coastline as we head in to tomorrow morning. it will push in over the bay and pull back to the coast for the afternoon hours. so following a summer time pattern, even though it's fall. temperatures in the morning, you probably have noticed it's getting cooler, so, upper 40s. to the mid 50s. upper 50s to low 60s for the warmest spots. we should say the mildest spots inland. we are going to start off with the fog with low visibility. keep that in mind. tomorrow afternoon, cooler than today, 92 in antioch. and 94 in fairfield. 65 half moon bay. low 80s from napa to san jose, 87 in santa rosa. as you check out the future clouds and radar, you will notice the first wave, the first system comes through on friday. and that brings us possibility of showers. one model is really bringing in quite a but of rain, but the

other model is not so aggressive with it. here's the second wave going in to saturday. so, if i werer you, i would start looking for the umbrellas, as we are tracking the possibility of rain. how much are we talking about? well, for the bay area, anywhere between 1300th, and a third of an inch in san francisco, santa rosa. much higher around portland and seattle. the accu weather seven-day forecast will help the firefighters the cooler weather and the rain possibility here. accu weather 7 day, it's morning fog followed by hazy skies and after tomorrow, we are looking at cooler weather, not just mid week, but going in to the weekend with only 70s friday and saturday and a level one system bringing us the chance of rain. we are welcoming it with open arms. >> absolutely. thank you. well, game one of the division series for the oakland a's is now in the rear view mirror. we will take a look at the playoff game next.

proposition 16 takes some women make as little as 42% of what a man makes. voting yes on prop 16 helps us fix that. it's supported by leaders like kamala harris and opposed by those who have always opposed equality. we either fall from grace or we rise. together. proposition 16 provides equal opportunities, levelling the playing field for all of us. vote yes on prop 16. i'm voting 'yes' on prop 19. nineteen limits taxes on seniors.

it limits property tax on people like me. nineteen limits taxes on wildfire victims. it says so right here. if 19 passes, seniors can move closer to family or medical care. i looked at moving but i can't afford the taxes. will you help california's most vulnerable? vote 'yes' on prop 19.

coming up, early voting is under way, and some voters found that they were more prepare ready than the county. find out what you need to know to make sure that your ballot un o yrsi's michael finney will join us live. the edd is trying to crack down on fraudulent unemployment claims. but people who are really on out of work are having their benefits cut off as well. it's the first day of school. in person school that is. the north bay could be leading by example when it comes to

education in the bay area. that's all coming up in just about a half hour on abc7 news at 6:00. finally for us tonight, the a's started the playoff series against the houston astros at dodger stadium. >> the a's started fast, jumping out to a 3-0 lead behind home runs from chris davis and sean murphy. houston would rally and tie the game up in the fourth inning behind a pair of home runs, the a's responded, took a 5-3 lead in to the sixth inning. and it was all down hill from there. the astros scored 7 unanswered runs. took game one 10-5. >> youfeel like no matter where you are after, you know, we go in the late innings invest a chance to come back. especially after having a good offensive output early on. just couldn't do it. you know, give them credit, they played the later innings better than we did. >> and game 2 of the best of 5 is foreman in los angeles. baseball is using a bubble for the playoffs. >> a world news tonight is next.

thanks for joining our home was burned to the ground in the tubbs fire. the flames, the ash, it was terrifying. thousands of family homes are destroyed in wildfires. families are forced to move and higher property taxes are a huge problem. prop 19 limits taxes on wildfire victims so families can move without a tax penalty. nineteen will help rebuild lives. vote 'yes' on 19.

tonight, breaking news as we come on the air. president trump leaving walter reed medical center. the president heading back to the white house tonight. his doctors saying late today of the president, he may not be entirely out of the woods yet. the medical team giving few specifics on his condition. but confirming the president did receive supplemental oxygen twice. pressed on the president's lungs. and what the doctor said about the coming days, saying the team remains on guard into next weekend, given the course of the virus. and as the u.s. tonight now marks 210,000 lives lost to the virus, the president drawing outrage from many after he tweeted, "don't be afraid of covid." the president given the best health care available in the country and two experimental treatments. many months into this pandemic, the president saying, i get it, i understand it.