>> 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. two hours later, i questioned her about the decision as she enters superior court for her corruption trial. why not serve the rest of your term? >> up because there will be a new sheriff coming in, there will be a new selection in november. >> the trial did not affect her decision to resign? >> i'm hoping for a verdict today. >> the civil trial could remove her from office. smith could face criminal charges involving the same issues. accusations she provided concealed carry -- carried weapons permits in exchange for other favors. jeff rosen released a statement that reads, the 2 million people of this county needed a great sheriff, our focus has been and will be on the fair and effective management of the criminal justice system, no one is above it and no one will stand in its way. the san jose mayor weighed in, more than a year ago i publicly

called for sheriff smith resign she has belatedly heated that call. it remains for the county to rebuild the trouble department and the leading candidate for her job, kevin jensen told me it is the right decision made two or three terms too late. abuse power and trust may give temporary gain. but eventually lead to gain -- pain and abettor and. the jury wrapped up today without reaching a verdict. the court is back wednesday with the two sides arguing whether the charger should be dismissed now that lori smith is no longer sheriff. for the i-team in san jose, dan noyes, abc7news. dan: elected officials safety is taking center stage after nancy pelosi's husband was brutally attacked inside their san francisco home last week. leslie brinkley spoke with the three members of congress about their concerns of safety. >> the incidences of hate has increased 900% on festa lives of members of congress in the last

four years -- on the lives of members of congress in the last four years. reporter: the congressman was in a meeting on supply chain issues. but and everyone's mine, their safety. >> i drove myself here. i suspect other members of drove themselves. no, we do not have full-time protection or for even part-time detection -- or even part-time detection unless there is a threat. >> i don't think it is appropriate to talk about all of the security issues and details for obvious reasons. but, this is an environment where there's so much hatred. reporter: the legislators say those who report being most threatened get extra protection from capitol police. $10,000 was allocated to each member of congress for additional home security like camera sensors and door locks. >> that $10 -- $10,000 stipend for him security is helpful. but it's not like i will go to

sleep better at night because of it. >> what keeps these representatives up at night is fear and repercussions of others in public i. >> can the city clerk get protection? can the poll worker get protection? >> if someone wants to do something there's not much i can do, except put my faith and trust in the people i represent. and explain to americans that the better angels and all of us require us to tone down the rhetoric. >> what the public can do is push back on this environment, hateful environment, and not stand for it. reporter: in oakland i am leslie brinkley abc7news. dion: david the pap -- depape, the man accused of breaking into nancy pelosi's home, is facing federal charges of assault and kidnapping. depape if convicted, will face 50 years in federal prison. dan: we have our reporter live

in san francisco the latest. reporter: for the first time, we heard investigators and jenkins say the attack on paul pelosi was politically motivated. disturbing details revealed filed in state and federal court, revealing how this attack unfolded, the motive answer his questions as to why there was not any security present at the home. 42-year-old david depape of richmond faces federal charges of assault and attempted kidnap after breaking in and attacking house speaker nancy pelosi's husband paul with hammer. >> mr. depape, targeted the pelosi home to confront speaker pelosi. after mr. pelosi asked to go to the bathroom, which is where he was able to call 911 from his cell phone. reporter: according to the criminal complaint, paul pelosi

was asleep one depape entered his bedroom, allegedly telling them 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 of the hammer. officers asked, what was going on? the complaint says that depape says everything was good. officers told him to drop the hammer before depape took control of it, swinging it and striking pelosi in the head. the husband appeared unconscious on the floor. when paul said nancy was not there, depape said he would sit there and wait. pelosi indicated his wife will not be there for several days, depape said again he will wait. according to depape, he started taking out twist ties from his pocket to restrain posey. he says the two cap -- kept talking when pelosi went to the bathroom to, and 11. >> police officers arrived two minutes after the 911 call.

when the door was open the defendant was holding his hammer. reporter: depape told police that he was going to hold nancy hostage and talk to her, adding he would let her go only she told the truth and if she lied he would break her kneecaps. later explaining she would have to be wheeled into congress which will show other members of congress there will be consequences to actions. >> it's hits very hard. there's such a disbelief to the viciousness of this. reporter: according to the affidavit, san francisco police gathered zip ties from pelosi's bedroom, white tape, hammer, rubber and cloth gloves and a journal in depape's backpack. they found evidence that depape lives in a garage home in shasta for roughly two years. investigators seized two hammers on a sword in the garage. >> those no security present. he was able to break the window in a glass door to gain entry in

the home. reporter: that's a lingering and important question that has yet to be answered. why was there no security present at the pelosi home? the u.s. capitol police provides a 24 hour protective detail to speaker pelosi. that protection does not extend to the family, necessarily, unlike it does for the u.s. supreme court justices. i asked chief scott. he indicated they had previous postings at the home in the past but did not specify when that changed. as far as what is next. we do know depape will be arraigned tomorrow afternoon and will be held without bail in the meantime. dion: we will be following that as well. much appreciated. we have been on this breaking story since friday morning. you can see all the angles covered in one place, the abc 7 bay area tv streaming app. downloaded for apple tv, google

tv, amazon fire tv or roku. dan: in the south bay, police staffing shortages left san jose without coverage over the weekend. three major incidents involving two shootings and a double stabbing tied up police officers leaving the city vulnerable on saturday night. police were not able to report to calls for help. nonemergency calls had longer than usual response times. the police officer association says city police officer should've called for aid from other departments. mutual aid is typically used for large-scale events like riots. dion: the only surviving suspect in the murder of an oakland dentist is set to be arraigned tomorrow. 33-year-old hasheem was hired to kill dr. lily su, by her boyfriend. both suspects were arrested by police on thursday. the suspect died by suicide in jail. dan: agriculture is an political

leaders -- and political leaders are trying to solve survive -- supply chain problems. they tried to come up with ways to get ships in out of the ports in more efficiently. supply chains have left cargo boxes full of merchandise sitting, waiting for ships to carry them to their final destination. that is created a log jam on the water. the chair of the federal maritime commission says it needs to be fixed. >> it shouldn't be a competition between importers and exporters. importers means more ships coming into the port of oakland and other boards -- ports, that means more space. the sports must be used for exporters fairly. dan: the port of oakland was awarded a $36 million grant from the u.s. department of transportation to support green infrastructure development for added cargo transport capacity. dion: changes to twitter keep coming.

in the days following one must's takeover -- elon musk's takeover. abc7news reporter zach fuentes spoke with tech experts about what is at risk for many twitter users and the impacts we could see here in the bay area. reporter: in a move that has been expected since musk's takeover, the billionaire is now the sole director of twitter, twitter's board of directors has officially dissolved. put his new leadership is not the only change experts have been predicting. >> we have been hearing about stuff like the possibility of him trying to raise subscription rates for the company. most money comes from advertising. there has also been concerns about layoff. reporter: high-level employees have been let go. mass layoffs at twitter could make things tough for tech workers in the bay area, falling recent layers -- layoffs in other companies. >> you're talking about a new way of looking for jobs besides

the people looking for jobs. reporter: one of the other big headlines is the possibility that people verify twitter accounts will pay to keep the status and blue check mark that indicates it. the cost being discussed is $20 a month. >> we have 300,000 verified accounts on twitter. if you run the number it will not be that much. $72 million a year. the debt of 200 is $13 billion. reporter: right now there is a five dollar a month subscription service called twitter blue that lets people do things like edit suites. it -- edit tweets. charging people more than that may turn a lot of people and advertisers away. >> $20 a month is a lot to ask. now, there is a lot of pushback against the advertising world. there's been a lot of talk about, could we pay for social media instead of this crazy kind of tracking system that facebook and all sorts of other companies have built? reporter: as far as have -- how

other things will go, experts say is a game of weight and see? dan: helping unsheltered children and families. the difference one problem -- program is doing to help during the winter. we speak with people hoping to follow suit and win big in tonight's drawing worth about a billion dollars.

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dion: there is an array of hope for families looking to get off the streets in santa clara county. a new report shows an 11% increase in families web and house as part of the -- families who have been housed as part of the program. >> throughout the county, 470 families with children have been housed. that is 1600 people including 668 adults and 937 children. dion: the heading home campaign was launched a year ago with a $950 million housing bond passed by voters in 2016. santa clara county partnered with local housing authorities and nonprofits to provide temporary shelter to get families off the streets. the board of supervisors will consider the report at its regular meeting tomorrow. dan: election day is only eight days away.

both political parties are ramping up in key states to fire up their voters. dion: an abc news poll shows arise for republicans, with inflation a top concern. justin finch has mom that and efforts that has mom that an efforts to keep election safe. reporter: republicans and democrats are their biggest names to crisscross the country and make their closing arguments to voters. >> it could come down to just a handful of votes. >> you have the power to turn the page. reporter: on capitol hill, control of congress hangs on the balance. republicans predicting midterm election wins that will net the majorities in the house and senate. >> this is our year. the democrats cannot run on anything they have done. reporter: a new abc news poll shows half of all voters, prioritizing issues around the economy and inflation. issues polls suggest favor republicans this year. >> they cannot hear you boo, but

they can hear you vote. reporter: former president barack obama, barnstorming, key states. arguing republicans not have plans to fix inflation. >> the republicans are having a field day, running heads, talking about it. but what is her actual solution to it? reporter: americans have cast more than 21 million ballots in early voting. though the economy is motivating voters, democrats are betting abortion rights will drive turnout as well. >> the democratic base, is heavily gender biased towards women. women have not forgotten that reproductive rights are on the agenda. reporter: after the attack on house speaker nancy pelosi's husband last week, growing concern about security for elected officials and poll workers. >> we are putting out information to make sure that state and local election officials have the information they need to protect their voting system. reporter: with just one week to

go, former president trump and obama and president joe biden are set to campaign at events in the key battleground states of pennsylvania this coming saturday. justin finch, abc news washington. dion: much more to come including crashing wave risk. the beaches you need to take extra precautions.

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headed to the beach there is an increase of sneaker waves and rip currents, especially for northwest facing teaches, i -- beaches. it's going on until 11:00. time to check on the weather. dion: i'm not familiar with this concept of rain. dan: it falls from the sky, as i recall. mike: sometimes you need an umbrella or even patients when you are driving. it's going to be super slippery because it has not rained in a long time. we have a bit of danger out and the coast but everything else, dry skies and a treat for this halloween. we'll start off with a bit of cloudiness and sunshine at 6:11, 65 to 62. most clear at 7:00. and then high clouds will come back with half-moon, chile, 54 by 9:00 -- chilly 54 by 9:00.

gorgeous shot from our east they hills camera, thanks to the folks upstairs. a light storm, breezy, and wednesday as well. we have a chance of frost in our inland valleys as well on friday, thursday and friday morning. daylight savings ends and then another chance of rain roles and sunday and monday. temperatures in the 40's, the rest of us in the low to mid 50's. you can see the greens and yellows lurking to the north ready to pounce on us tomorrow morning. by tomorrow afternoon, we are starting to clear out. we will see sunshine. you don't see much green. just the chance of isolated showers. look how significantly cooler it will be from 57 to about 61 degrees. it will be breezy. it will feel cooler than that. here is our cold front. you can see what is left of the atmospheric river. you get this cloud cover, that's the extreme cold air coming in. tuesday into wednesday we have rain and showers, the best chance, a three to five hour

window of a study to light moderate rain. and then the showers kick in. it will be extra slippery, especially tomorrow in the afternoon hours. here's a look at radar. there some scattered showers out there, drizzle along the coast. as we head to the morning commute, all the way up until lunch, the showers move quickly. that is the three to five hour window. after lunch you can see we clear out for most of the evening commute. there will be a reemergence of showers. they're not very widespread. they come in during the overnight hours and it is quiet as we head into wednesday. there will be a shower or two. we kept this in the forecast. rainfall amounts are about a 10th of an inch to a third of an inch for most of us. up in higher elevations, possibly half an inch. one for tuesday, one wednesday. we frosty mornings thursday into friday. those will be our driest mornings. rain was back in friday night. sunday and monday, more chances of what whether. dan: thanks,

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dan: the powerball jackpot is up for grabs, jumping to $1 billion. there many bay area residents hoping to win big. >> 51 tonight, i would split -- if i want tonight i was split with my children i would have a meeting with my children and split with them and my grandchildren. dan: your chance of winning tonight's jackpot is one in 292 million. do not spend the money yet. if the winter ops for a cash payout, they will take $400 million after taxes. dion: is that all? dan: crazy. dion: i can't even wrap my head around how many zeros. dan: good luck. world news is next.

we appreciate your time. dion: all of us here, thank you so much for joining us. we will see you in 30 minutes this is gloria. she hasn't worked this hard to only get this far with her cholesterol. taken with a statin, leqvio can lower bad cholesterol by over 50% and keep it low with two doses a year. side effects were injection site reaction, joint pain, urinary tract infection, diarrhea, chest cold, pain in legs or arms, and shortness of breath. with leqvio, lowering cholesterol becomes just one more thing life throws your way. ask your doctor about leqvio. lower. longer. leqvio. vo: climate change is fueling a wildfire crisis. ask your doctor about leqvio. destroying our forests. threatening our communities. polluting our air. prop 30 taxes those making over $2 million a year. no one else pays a penny. 30 will reduce the tailpipe emissions that drive climate change. and prevent wildfires and toxic smoke. so we have clean air to breathe.

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like dental, vision, hearing and prescription drugs. call 1-866-336-3448 and make sure you're not missing out. tonight, new reporting, the chilling allegations against the suspect charged with attacking the husband of house speaker nancy pelosi with a hammer. tonight that suspect now charged with attempted murder and federal charges. what authorities said just moments ago and what he allegedly told police, what he was planning to do to speaker pelosi, allegedly saying he hoped it would set an example to other members of congress. authorities say he was armed with a hammer, zip ties and rope confronting her 82-year-old husband instead. mola lenghi in san francisco tonight, pierre thomas with what federal authorities are now saying. he's live in washington. tonight the halloween tragedy overseas in south korea. two american college students among more than 150 people killed during a halloween celebration in seoul.

a massive surge in the crowd of