announcer: this is abc7news. >> something that unnerved me as a political figure in the city. there have been tragedies in this city of political leaders in the past. it is something we have to take very seriously. >> knew details coming in about the man accused of breaking into nancy pelosi's home and attacking her husband. kristen: while disinformation surrounding the case and the people spreading it. thank you for joining us. >> we begin with the largest on the attack at speaker nancy pelosi's san francisco home. today david the pap was charged with assault. kristen: depape one count -- faces one count of assault. if convicted, he is facing up to 50 years in prison.

in a news conference that just wrapped up, san francisco district attorney brooke jenkins announced the city's charges. dan: jenkins also clarified the timeline of events. >> mr. pelosi asked to go to the bathroom which is where he was able to call 911 from his cell phone. two police officers arrived at the front door two minutes after that 911 call. when the door was opened, the defendant was holding his hammer, which mr. pelosi up here to be attempting to control by holding a portion of that hammer. the defendant then pulled the hammer away from mr. pelosi and violently struck him in the top of his head. dan: we have team coverage for you today. this kreutz digging into all of the misinformation in the case. kristen: let's begin with stephanie sierra live in san francisco.

>> district attorney jenkins made it clear today violence has no place in san francisco or in politics. p she says she will be prosecuting all six charges to highest extent of the law. new details were revealed today throughout the investigation not only from wisconsin but from both criminal complaints filed in state and federal court today that are giving us a clear picture of how this attack on paul pelosi unfolded. 42-year-old david depape of richmond faces federal charges of assault and attempted kidnapping after breaking in and attacking nancy pelosi's husband paul with a hammer. >> there is absolutely no evidence that mr. pelosi knew this man. the evidence indicates the exact opposite. >> according to the criminal complaint, paul pelosi was asleep when depape entered his bedroom, telling him to wake up and that he was looking for nancy.

minutes after the 911 call, police arrived to see the two men struggling for control over a hammer. the complaint states depape said everything was good. officers told them to drop the hammer before depape gain control of the hammer and struck pelosi in the head. the speakers husband unconscious on the floor. >> [indiscernible] stephanie: according to the affidavit, when paul pelosi said nancy was not there, depape said he would sit and wait. pelosi then indicated his wife would not be home for days. depape said again he would wait. according to depape, he started taking out twist ties to restrain pelosi. the two kept talking when pelosi went to the bathroom to call 911. >> it is horrible.

perfect. stephanie: depape told spd he was going to hold nancy hostage, adding he would let her go only if she told the truth. if she lied, he was going to break her kneecaps. that explaining she would have to be wielded to congress to show whether members of congress there were consequences to their actions. >> and his very hard. there is such disbelief to the viciousness. >> san francisco police recovered zip ties in the bedroom in the hallway near the front door and a roll of tape, rope, hammer, gloves, a journal and depape's backpack. evidence depape lived in a garage in richmond for two years. investigators seized two hammers and a sword in that garage. >> this is where we are in america. people think it is their responsibility to attack elected

officials. stephanie: for the first time today, we heard both investigators and district attorney brooke jenkins admit this attack was in fact politically motivated the slew of charges depape is facing in both state and federal or carry sentences that stem from 13 years to life. jenkins told us depape is being held without bail and will be arraigned tomorrow afternoon. kristen: what about paul pelosi? any word on how is doing? stephanie: we are told he is still recovering at sf general. given the extent of his injuries not only to his skull, hand and arm, and all of the surgeries he has gone through, it is going to be a long road to recovery we are told. kristen: thank you. dan: the attack has already spawned fake reports, some being

shared by legitimate sources. liz kreutz is live with more on how all of this happened and a look at all the information out there. liz: just days after taking over as the ceo of twitter, elon musk tweeted to his million followers a conspiracy theory about what happened during that attack on paul pelosi. musk did delete the tweet, but it was shared so widely that police chief scott is weighing in. another divisive -- another example of how divisive the country has become on social media. 48 hours after the violent attack on paul pelosi in san francisco, elon musk, twitter's ceo, tweeted a conspiracy theory and suggested the baseless report he shared might be true. musk deleted the tweet, not before it was shared widely to 112 million followers.

>> baseless, fact lists theories. >> bill scott refuted false claims being shared. liz: there is -- >> there is no evidence mr. pelosi knew this man. the evidence indicates the opposite. liz: musk's post draws concerns about how he will crackdown on misinformation. >> how dangerous is that to have the now owner of twitter sharing fears he theories? >> has the potential to be dangerous. liz: richard craig, professor of the school of journalism. >> we do not know for sure that is going to make a lot of difference but it has the potential to make difference. liz: an organization that tracks online activity of white supremacist organization says following the tweet, followers of far right platforms began circulating the false claims. >> it is a huge issue. liz: professor of information studies at ucla says it is the

new normal to see conspiracy aries spread not only in far corners of the internet but seemingly mainstream spaces. much of that coming he says, is due to social media algorithms that were were controversial content. >> facebook, around the time of the election of trump, the number of empirically false stories were more viral on facebook than the top 20 real news stories. these are the issues we have seen hijacked democracies and transform our political life and more extremist directions. liz: it is unclear what prompted musk to delete his tweet. it came in response to a tweet from hillary clinton about how the alleged attacker had posted conspiracy theories of his own on his social media. she tweeted that it is shocking but not surprising that violence is the result. outside pelosi's home, it has been quiet.

someone came by to drop off flowers. there's a number of san francisco police cars, but no activity we have seen from the family. liz kreutz come abc7news. dan: we have been on this story since friday morning when it happened. you can see all of the angles covered in one place the abc7 streaming app. download it for amazon fire tv and wrote to, or wherever you stream. kristen: lori smith is out as santa clara county sheriff. she stepped down today as a jury could ties her fate on corruption charges. here is the letter smith sent, obtained by the i.t.. -- i team. last year, a civil grand jury indicted smith on charges of provided sealed carry weapons permits in exchange for favors. in an hour, dan noyes breaks down the events. dan: a surge in crime in san

jose is once again bringing up the question of staffing in the police department. kristen: within hours of each other, sfpd responded -- sj pd responded to two different homicides a few miles apart. dustin dorsey has details. >> once known as one of the safest big cities in the country, law enforcement leaders say it is no longer the case in san jose. three major incidents tied up most of the police department officers. sj police officers association says this left the rest of the city vulnerable. >> these are all 911 calls coming in from various businesses asking for help. pleading for help. yet there was not one san jose officer available to respond. we are unsafe, period. >> it started below -- a family disturbance led to multiple people shot at kaufman art. one dead, one injured, one suspect.

miles up the road from a shooting took another life that would police it was a party on madeira avenue. after that, he double stabbing at a nightclub two miles away. >> we do not want this violent crime in our city. however, we cannot prevent it. we will do what we can to curve it. >> sj pd says that is getting difficult due to lack of staffing. the national average suggests that apartment should have 2400 officers. 1021 filled spots. as trey poa says the department should have called for help, but they say that in all for large-scale events like riots. we were stretched to the max, but we did take care of these calls as efficiently and quickly as we could with the resources we had. >> many nonemergency calls have longer response times. the officers union tells us the party received one of those nonemergency 911 calls earlier in the night due to noise

complaints but was not immediately answered. a fight broke out, and that is when the deadly shooting happened. >> what constitutes an emergency for city leaders? this isn't a charade, these are real facts. until city leaders start recognizing that blood is on their hands. >> dan: dan: the only surviving suspect in the murder of an end dentist -- oakland dentist was hired to kill dr. lily -- by her boyfriend nelson. both suspects were arrested thursday. she had died by suicide friday while in custody. kristen: turning to the weather, you can see it is getting cloudy. rain is on the way. dan: we said rain. mike nicco is here with the forecast. that is good to hear. >> the timing is going to difficult for some, but not all.

the timing is after we get all of our ghosts, ghouls and goblins back home safely. you can see it is pretty cloudy out there. you may file sprinkle during the evening. that would be the most unlikely scenario out of this particular one. toussaint wednesday, rain and showers. about half an inch. in the mountains, half to three quarters of an inch. it is going to feel like fall. it is going to be chilly and breezy. when the cold front comes through commit is going to bring an chances for showers and chilly condition. right now, dangerous surf. stay away from the water until 11:00. is it -- drive a chili with temperatures falling to the 50's by 7:00. kristen: monday on twitter brings about new details on what elon musk is doing at the company. inner-city youth, man behind the

dream. getting hitched on halloween is

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♪♪ ♪♪ ♪♪ get exclusive offers on select new volvo models. contact your volvo retailer to learn more. kristen: new developments in that twitter takeover air. twitter's board of directors now is officially dissolved. the filing lists elon musk as the sole director of twitter. days after musk took over, he is

hiking the price of the monthly subscription service. musk wants to change twitter blue to add paid verification. it would cost $20 a month. those who do not hot -- those who do not pay will lose their blue check mark. musk has instructed twitter engineers to work on a vine reboot. twitter shut it down in 2019. musk conducted a twitter pole and fans voted 2-1 to revive. dan: political leaders and agriculture producers are looking to solve a multibillion-dollar traffic problem. they held a discussion at the port of oakland to discuss the impact of supply chain issues and howhen american businesses. in many cases, supply chain issues have left cargo boxes full of merchandise just sitting at the ports waiting for ships. that has created a traffic jam on the water that the chair of the federal maritime commission

says must be fixed. >> it should not be a competition between importers and exporters. importers means more ships coming in. that means more space. that space must be used for exporters fairly. >> last week, the port of oakland was awarded a 36 million dollar grant for added cargo transport capacity at the port's outer harbor. kristen: we want to look at the weather. some interesting weather this week. dan: particularly if you are a meteorologist. mike: love it this time of year when things can change quickly. we are going to bookend the forecast with wet weather. first, clouds out there. nothing spooky. they are going to increase through the evening. 48% chance to -- 50% moon you will see tonight between the

clouds. most of our attention is on this light storm coming in tonight. lingering through wednesday, it is the coldest storm of the season. that is why frost is possible thursday and friday. may be some record low high warm record low high temperatures are possible. daylight saving ends saturday. sunday, rain. 50's in san francisco and half moon bay. everyone else in the 60's until you get out to vacaville. i want to slow down and show you what to expect during the forecast for the evening if you are out trick or treating. maybe dress the kids and layers. 55 to 62 at 6:00. 54 to 58 by 7:00. clouds will keep it mild. it won't drop too much. though it should be fairly light

except for right near the coast. tonight, you can see the rain move into northern california. ahead of it, drizzle and spotty showers and pockets of rain possible. temperatures around the mid 40's to mid-50's. tomorrow, it moves out and we are left with sunshine and isolated showers. 57 to 62 degrees. our cold front was an atmospheric river. it is not going to have that. watch this shield to get lighter as we come down. 7:00 tomorrow, scattered sprinkles. any wet roads will likely be confined to the north and along the coast. by noon, heavy to moderate showers. by the evening, everything is just about gone. some streets will drive. scattered showers possible tuesday. wednesday, even lighter. rainfall totals are going to be nice. anywhere from 1/10 to one third

of an inch. half-inch or higher in elevations. 58 to 62 tomorrow. about the same wednesday. thursday morning when the dry air settles in the clouds clear, we could have frost in inland neighborhoods. friday with increasing clouds, low cloudiness saturday temperatures below average. sunday and monday we are looking at temperatures in the 60's. also, another1 on the storm impact scale. kristen: as you fall back, it feels like all. dan: it does. an extra hour of sleep coming. kristen: for some, halloween is about commitment. wedding across the bay area. dan: the science behind why so many of us love being fright

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kristen: it's halloween. dan: karina nova has a preview of our creepy bay area streaming special which shows off what makes the bay area a destination for chills and thrills. >> living in the bay area, we are surrounded by natural beauty but our landscape in history also lends itself to mystery and rarely told stories that some call creepy. that includes the history behind how thousands of bodies were moved from san francisco cemeteries to the city of coma. >> this city basically decided they were running out of space. they were undergoing, after the gold rush, an incredible boom. >> we can show you the bay area's spooky side without looking at all of the horror films shot here.

>> san francisco has always been a place that filmmakers dream of shooting. because of its natural beauty. it is, in my opinion, the most cinematic city in the world. >> sometimes eerie backdrops and peculiar landmarks are a scary movie makers ideal setting. there's also alcatraz, perhaps the world's most famous prison. the tales of hauntings and escapes continue to draw thousands every year. >> when they opened the door, they found he had bruises all over his body and had been strangled. >> there's so much more to learn when it comes to alcatraz, historic figures in our cemeteries and all of the bone chilling films shot here in the area some may surprise you. you can watch it all on our special streaming on the bay area app. dan: will.

whether it is a haunted house, movie or creepy costume, there is a science behind the idea that we like being scared. researchers call it the paradox of horror. the idea that being scared under the right circumstances can be fun. they say recreational fear can help us learn about our responses to fear and how to regulate them. the recreational fear lab in denmark said half the people surveyed field better after visiting a haunted house which the post because -- calls a post hot hi. i am not crazy about those. kristen: i am with you. taking on affirmative action. the supreme court hearing two cases about college admissions which could change precedent. dan: is there really something out there? there's something and this week we could find out.

announcer: this is abc7news. dan: the supreme court is taking up two landmark cases challenging affirmative action admissions in college.

the practice has been standard for 40 years to increase diversity. a conservative and multiracial coalition of students believe it is leading to discrimination. kristen: justin finch has the story. >> a decades long precedent in education could be overturned as the supreme court is once again being asked to consider whether race should play a role in college and university admissions. >> racial classifications are wrong. that principle was enshrined in our law at great cost following the civil war. >> i am struggling to understand how race is actually factoring into the admissions process here and whether there is any actual redressability that arises. >> the height has previously ruled race can be used as a factor, among others, as campuses seek more diverse student body spare that could change this session with the court's 6-3 super conservative majority.

a research poll this year finds more than six out of 10 americans oppose using race or ethnicity in college admissions, including majorities of asian, hispanic and african americans. >> at the heart of the issue is, should colleges and universities treat students differently? >> edward bluhm is behind the supreme court challenges to affirmative action at harvard university and the university of north carolina. arguing those policies disadvantage white and asian american students and violate civil and constitutional rights. lower courts rejected his position, citing supreme court precedent. the high court chose to take up both cases. harvard and unc underscoring race is only part of their holistic review of applicants and it is crucial to sustaining minority student enrollment. justice quintana g brown jackson is recusing herself -- ketanji

brown jackson is recusing herself from the harvard case. kristen: there are questions about how the scotus discussions will impact california universities public and private. i spoke about that today with an associate professor of education at stanford. >> depending on how they make the ruling, they could push back against that autonomy. that is what i worry about most. the admissions process takes into account a lot of different priorities and goals for the university. curb -- to curb the authority to do that would be catastrophic. kristen: he says if affirmative action is struck down, schools will have to find other ways to maintain diversity, less effectively. the uc system has not been allowed to use race since the passage of prop 209.

it has relied heavily on socioeconomics and whether students are first-generation college dan: intelligence agencies are set to deliver a classified document on the status of ufos. these are real images from the department of defense of an unidentified lying object. now officially called unidentified aerial phenomena. a report made public last year says there is no evidence the sightings are extraterrestrial. this week congress is set to get another report from the pentagon. the report suggest most of the cases are random junk. i guess they are not here yet. kristen: keep looking. have you gotten your tickets yet for the powerball lottery? the jackpot gets bigger. and, the worst candy to receive on hallowe - i'm norm. - i'm szasz. [norm] and we live in columbia, missouri. we do consulting, but we also write.

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kristen: time for the four at 4:00. if you're thinking about getting powerball tickets, make it happen before tonight's drawing. the jackpot is $1 billion of of largest in u.s. history. nobody has had all six numbers since august. tonight's drawing is at 8:00. how did we not get an office pool going? was there one? >> i don't think so. i was left out too. >> i wish they would just -- i would rather see 10 people win $100 million. >> that is what they were supposedly trying to do, right? by making it easier to win? >> how do they do that? >> i forget. [laughter] >> it's not like matching five numbers is easier. >> the stores that sell them no longer get a kick back.

>> what? >> that is what we were told. by the person we asked in georgia. >> i do not know if that is the case in california. >> they usually received a hefty payout themselves. kristen: 1%? >> .5%. that's what it was. if you take the cash settlement, you get less than a half million dollars. so. [laughter] >> forget it. >> my, if you win i will be happy to go in on the pool with you. halloween is back. the national retail federation says spending has returned to pre-pandemic levels. americans shelled out $10.6 billion. gen z is celebrating more than any other age. with covid restrictions using up, they are more comfortable attending parties. i think all of this pent up demand to get back to normal, no

surprise, the first big holiday of the season, people are into it. >> in our neighborhood, they are going to be very generous with the candy. you have got to make up for some lost years. there were a lot of bar crawls during a doll halloween last weekend let's hope everyone is safe tonight. >> drive safely. our kids are grown. but it is a fun time of year. >> this was always my favorite. especially here. one neighborhood i lived in was packed with kids. so much fun. a huge party. have fun tonight, be careful and watch out. >> i am wearing my costume already. i am going as a news anchor. kristen: that is so creative. last week we talked about our favorite halloween candies. today, here is a look at the

worst, least favorite. the worst candy is circus peanuts. >> i love circus peanuts. kristen: followed by candy corn, peanut butter kisses. >> peanut butter kisses is different from peanut butter cups, right? kristen: right. go waivers? wax cola bottles? they are so popular because it is about nostalgia. so maybe you don't eat them. >> i love circus peanuts and candy corn this time of year. the wafers are fun too. >> i think they missed the worst, homemade popcorn balls. [laughter] kristen: never got them. >> they were pink. >> does anybody do that anymore? you get one and you are like, no. kristen: parents don't want to give kids that anything that is homemade.

>> kanye west is no longer with adidas and there is a new collaboration. marcus floyd has created sneakers for horses. it is a collaboration with lexington, kentucky's tourism agency. floyd takes a sneaker and rebuilds it over a premade for horses. they are wearable but they will set you back about $1200. i don't know if a horse -- talk about a narrow market. [laughter] >> this is proof you have too much money. if you are looking to buy this, you have too much money. you need four. >> good point. [laughter] >> i will be a believer when ico horse wearing them. >> imagine the preakness. [laughter] kristen: the possibilities. >> maybe they will run faster. >> there's a lot of money in

horses. >> you know how you make a little bit of money in the horse business? spend a lot of money. [laughter] ♪♪ ♪♪ ♪♪

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dan: we are committed to sharing their stories so we can all be allies in action. today, we look at a nonprofit

called intercity bliss which is driven by a single goal to bring more bliss into the world. kristen: andre humphrey knows how important this is for young communities of other. >> hands over their head. palms come to touch. exhale. >> i spent a lot of time trying to understand why i had to go through the things i went through. i spent a lot of time in my youth feeling like i was cursed. my mother would always tell me that everything happens for a reason and i would think she was crazy. but now when i sit in front of these kids and they tell me their stories of what they are going through and they tell me about their trauma, i am able to hold space with them. i am not loud, i am not scared, i can hold space and tell them confidently that everything will

be ok. my name is andre humphrey, i am found her of a nonprofit called inner-city bliss. the offerings at inner-city bliss aim to challenge the statement facing black and brown communities and mental health. >> i had a typical upbringing in the inner-city. single-parent mother. four boys. there was poverty. there was drugs. there was abuse, mentally, physically. and then you bring in the worldly things. the racism, the oppression. it was like being in a war, but nobody recognizes that it is a war except the people going through it at times, we are not even aware.

today we are going up to fremont high school in oakland. -- is just surrounds them. if school can give them a place to just sit, maybe they can figure out the next move and it does not affect later in life. >> my name is kimberly carrera. when i met andre comey he was chill. he likes crystals. he gave me a meditating rosary. i had a positive correlation with him because of that. growing up, being the oldest girl in my family has been hard. i have had to support everyone and no one supported me. we are so used the yelling and seeing danger around us having a calm space is not what we know. >> my name is -- i am a senior

at -- i school. born and raised in oakland. >> see if you can soften your face and relax your eyes. >> it was weird we would do meditations in different movements. we would do yoga. out here, you don't have people doing these things. >> this program taught me to step back and address the situation in a different way. >> joining this meditation class allowed me to be more concentrated and aware of myself. >> it is another avenue for students to think about what is going on, and do a bodycheck of how they feeling. >> being able to work with these kids helps me make sense of everything i am building from my childhood. when i am helping them heal, providing them tools to deal with their mind and emotions, i am healing myself and make sense

of my own past. dan: abc7's allies in action recognizes local people building a better bay area. if you know someone looking to create change, tell us about matt abc7news.com/takeaction. andre is making a difference. kristen: speaking of taking action, grab an umbrella this week. mike: it sounds like we've got someone's on the scale. mike: the first storm starts tonight. more tomorrow morning. it is one, which is the lightest storm we can have but at least it is a storm. tuesday and wednesday. a three to five hour window of her steady, light rain and then scattered showers are possible it will be extra slippery. it is mainly in the north bay

that we will have the best chance during the morning rush with light to moderate rain it will be over by the evening commute. streets and skies will be dry significantly. at 5:00, drizzle along the coast. by the time we get to 10:00, some of that measurable rain makes it into the south and east bay. by the evening, that is what all of the rain has fallen. scattered, light showers. kristen: jeopardy tournament of champions kickoff tonight. you may notice some familiar faces. oakland's amy schneider is returning. tonight you can catch a -- tonight at 7:00. dan: not to an anniversary that is going to be hard to forget. kristen: halloween weddings happening across the bay area.

what makes the train so magical? it's not just the enchanting call of the whistle or the adventurous spirit in every bend of the track. it's about where it goes. to places. and faces. and the warmest of memories. the magic of the train is more than how it takes us away. it's how it brings us together. ♪♪

kristen: tonight at 8:00, bachelor in paradise. the good doctor at 10:00. abc7news at 11:00. it is halloween and that means trick or treating. for some couples, today is the day to get married. luz pena spent the day at san francisco city hall where many dressed up and can test their love. >> every day, approximately 30 couples get married at city hall. today, it is different. it is halloween. ♪ >> i give you a token and pledge of my constant faith and with this ring i marry you. luz: -- are far from your traditional couple. their love for halloween and deadpool sealed the deal. >> it was like a scene out of stepbrothers where we both

realized deadpool and said wait a second, did we become best friends? luz: who's idea was it to get married wearing that customs? >> me. i just had to find someone who is crazy enough to do it. luz: aside from their love for deadpool, professionally they have a lot in common. they are doctors and they did not meet at a hospital. >> we met at a race. i am a special events physician. he was managing the building. >> witnessing the love around them was their family. most did not know this was happening today. their only hint, wear a costume. >> dated no -- they didn't know. >> seeing your mom as deadpool? >> weird. i was like, why? >> was this the most unique one so far? [laughter] >> yes.

luz: reading in line for their official paperwork, we met megan and scott. halloween is their favorite holiday. so much so that they got engaged in 2019. today was full circle. >> we are getting domestic partner. i wanted to be a celestial which. luz: and of course we can't forget our white gown brides. you would for the classic? >> we didn't know we could wear costumes. luz: you would have? >> we would have done something. >> [indiscernible] luz: all of them choosing today to say. >> i do. luz: and vowing to always be different and celebrate halloween together because today it became their anniversary. >> i now pronounce you husband's and wife. you may kiss. you may kiss. kristen: that is it for

♪music playing♪ ♪♪ ♪♪ ♪♪ ♪♪ nothing brings the pack together like a trip to great wolf lodge. now open in northern california.

>> building a better bay area, moving forward, finding solutions this is abc7 news. >> trial do not affect your decision to resign? >> i'm hoping for a verdict today. dan: former santa clara county sheriff lori smith talks with abc7news about her decision to resign, insisting her ongoing corruption trial had no effect on her decision to hand in her sheriff's badge today. good evening thank you for joining me, i am dan ashley. >> the former sheriff's attorney is asking for a dismissed even as the jury searches for verdict. dan: dan noyes has an extrusive report from san jose. >> lori smith informed of the board of supervisors and this one lined letter that she was leaving office effective today.