alright. what's the definition of character to you? umm... would you be a superhero or a supervillain? if you could say one thing to big tobacco, what would it be? it's so important in this time of change that we reclaim our sacred ways. i had to open my eyes. you can't continue to do this. deep breath. i'd want to ask them “why?” (♪) city attorney's office charged the defendant, duncan mcqueary, with two counts of murder. >> the man accused of killing a

mother and son as he barreled down a san jose highway at more than 100mph in the wrong direction, has made his first court appearance today, and we've learned new details about just how dangerously other drivers saw him behaving. good evening. i'm ama daetz and i'm dan ashley. >> thanks for joining us during the hearing. we also learned new details about the moments before this terrible, deadly crash. >> abc seven news reporter zach fuentes was in court and has been following the story. he joins us live from our san jose bureau. zach >> yeah. the suspect was released from the hospital yesterday and taken straight to the santa clara county jail. he was arraigned in court today on two counts of murder. now, following that appearance is when the district attorney revealed those new details and what happened in the moments before that tragic crash that killed a mother and her son. though cameras were allowed to take pictures in court friday, that suspect duncan mcquarrie did not leave the doorway between the inmate holding area and the courtroom. in a corner of the doorway, you can see the

yellow shirt he's wearing and what appears to be a wheelchair. the chp said he suffered minor injuries in the august 26th crash that killed 46 year old rebecca olson and her 14 year old son, charles olson, who went by charlie to imagine the senselessness of this crime. >> the recklessness of it and the tremendously horrible impact that it's had on this family is, i think, what's moved many of us about this particular case. >> the santa clara county district attorney's office said mcquarrie was speeding 100mph on the wrong side of highway 85 for nine miles before the crash. just some of the new details the da's office revealed friday. following that court appearance. >> at one point, the defendant stopped his car and got out and walked around in the middle of the traffic. he then got back into his vehicle and continued to drive the wrong way until ultimately striking and killing a mother and child. >> the da, says mcquarrie, is

from florida and came here to visit family less than a week before the crash. the toyota he drove at the time of the crash was rented, according to the chp officer on scene, mcquarrie was driving under the influence open containers of alcohol were found in the truck. the officer reported that mcquarrie showed confused behavior. that officer also noted prior convictions that mccrory had in florida, including two dui arrests in % convictions for drug possession in 2021 and 2022. >> we've charged the defendant with murder because of the reckless disregard for human life that he showed. >> loved ones of the victims were not in court. in a statement last month posted to reddit, charlie's father called him, quote, my best friend and travel buddy and the only person i ever truly felt at home with. following friday's arraignment, rosen read more of that statement. >> if you're a parent, give your kids that extra hug today. for me.

>> the court today ruled that mccrory would be held without bail pending the next court appearance. that's scheduled for november 7th. live in the san jose bureau. zach fuentes, abc seven news. >> just gut wrenching. all right. thanks very much, zach. in the east bay, a man has been released from custody after his arrest for failing to control his dogs, which attacked and killed his friend. on sunday afternoon, oakland police responded to a dog attack on 36th avenue between international and foothill boulevards in the fruitvale. according to our partners at the bay area news group, three dogs escaped their fenced enclosure and attacked a 53 year old man, killing him. the dog's owner was arrested. the dogs were euthanized. all three weighed at least 100 pounds and were half cane. corso and half napoleon mastiff, a bay area news group photographer, took these photos of another dog at the home yesterday. oakland animal services says three other dogs were removed. the dog's owner is scheduled to be back in court next thursday to enter a plea.

>> the oakland police department will not be emerging from federal oversight just yet. after a ruling today from a federal judge. in addition to today's decision, judge william orrick also ordered the department to restructure its organizational chart so that the internal affairs division reports directly to the police chief. the oversight stems from the 2003 riders case, when four oakland police officers were accused of brutalizing people in west oakland neighborhoods. civil rights attorney john burris was one of the original attorneys on the case. >> i think he basically says that we can't do the same old thing and expect a different result. we got to try something different, and i want to i'm going to take better control over this and hold people more accountable. and particularly the police chief. >> the judge ordered that every two weeks, police chief floyd mitchell must have meetings to update the mayor's office. the city administrator, the city attorney's office and the federal monitoring team. the next status conference on opd's federal oversight is set for january. >> former oakland mayor libby schaaf is facing tens of thousands of dollars in fines

for violations of city elections law. schaaf, who is currently running for state treasurer, is one of several people wrapped up in an investigation by the public ethics commission. a proposed settlement agreement lays out the allegations running from 2018 to 2022. investigators say that schaaf secretly controlled campaign committees trying to defeat incumbent city council members and a ballot measure. they say she failed to disclose her involvement, which violates oakland election rules. ethics investigators recommended that schaaf pay more than $20,000 in fines. shaft's attorney says the mayor was acting on incorrect legal advic. he told us in a statement, quote. mayor schaaf sincerely and reasonably believed she was following the law. her actions were motivated by improving oakland and helping its children. >> budget cuts are forcing alameda county court workers to take furlough days. the superior court says starting today, almost every employee will take one unpaid day off every month.

this is because of a loss of $4.3 million in funding from the state. the furloughs will happen on two fridays each month. the court says all courtrooms will remain open, even with almost half the staff gone. >> new developments in a case we've been following since april, when racist material was left at a black man's home in san francisco. police are searching for 67 year old april martin chartrand. they say she's a suspect in the case in which a racist doll with a noose and other messages were left outside the alamo square dog walker's home. chartrand was reported missing by her family two weeks ago. if you see her, police are asked are asking that you call 911. >> all right, let's turn to our weather. and that continued hea. this is a live look outside at the conditions right now. a heat advisory is still in effect. so for the details, let's get to abc seven news meteorologist sandhya patel. hi, sandhya. hi there. >> yeah, for the inland areas are still baking in the heat, which is why that advisory is still up. but let's look at these live views from our tower cameras. and you can pretty much

see that all of them are showinn gate bridge you did see a little bit of fog starting to return. triple digit heat in ukiah, saint helena, fairfield. right now you're in the mid to upper 90s from livermore to concord. these are some of the hot spots. as you will notice, the heat advisory is for our inland hills and valleys and mountains. excuse me, you will notice until 8 p.m. tonight there is a risk of heat related illnesses. now, one thing to keep in mind is our fire danger remains elevated moderate to high tonight. and it's going to carry over a little bit into your saturday, even though we are expecting the temperatures to drop off, you can pretty much see why the humidity levels are pretty much low 8%, cloverdale 13%, brentwood 14% and livermore area. but the thing is, even a little bit of a breeze could really set things off, especially when you have critically dry conditions. so hour by hour we go. if you have friday night plans still hot at 6:00 inland, as you will notice by 9:00 the fog starts to push

in a bit. temperatures fall tomorrow morning. there's a lot more fog around. i'll show you those temperatures for your weekend. coming right up, dan. okay, sandhya. >> thanks a lot. we'll touch base shortly in the north bay, this hot weather is keeping grape growers in wine country on their toes. harvest is in full swing now and the heat is really adding an extra layer of concern. abc seven news reporter cornell bernard is live in sonoma with the story from wine country. cornell >> hey, dan. yeah. wow super hot again here in the sonoma valley. it is 93 degrees according to my phone. and it is also harvest time for a lot of grapes. and because of the weather, growers are acting fast to pick them. >> really, it's a very challenging time and you got to stay on it, you know, every day, all day. >> steve leadsom's family has been growing grapes in the sonoma valley since 1860. the job is never predictable. >> this week we've been focusing on our chardonnay and sauvignon blanc grapes are going into this

giant press. >> the juice collected below overnight. lutsen vineyard workers picked about seven tons of grapes this week. timing is everything. extreme heat spikes are fast tracking the harvest. steve says grape vines are a lot like the human body. >> when it gets hot, the grapevine shuts down. so if you get over probably 92 degrees that wants to go to sleep. >> associate winemaker justin schuchart says the concern is dehydration and overripening, and the heat poses a challenge because, we really want to get that fruit off the vine before the heat can start to damage the fruit. staying ahead of the weather and knowing when to irrigate is key. >> so it's sitting there with water in the vine, so when the heat comes on, it can take it out of the vineyard. >> steve is checking on his old vines and grapes. >> well, you know, it's supposed to get cool now cool down a little bit, which is really

good. that slower ripening process. >> the sonoma valley vintners alliance says growing season always has curveballs. >> mother nature is quite the force to contend with. so what the vintners and growers really try to do is work with mother nature, and she really designates when things are happening, you know, back at the crush facility, steve letson is sampling the harvest grape flavor. >> fresh river chardonnay. this is going to be a good year. i think it's going to be a great year. and we'll come out of this and everything's going to be great. so enjoy the wine. >> yeah, harvest is really just ramping up. it's expected to last through october. steve letson says his zinfandel and petite syrah grapes could be ready for harvest in about ten days. we're live in sonoma. cornell, bernard. abc seven news. all right. >> thank you. cornell very much. >> i've been here 20 years. the first time i've seen the whale in the harbor. >> coming up, a young whale on the peninsula is drawing crowds as it hangs out in the harbor.

marine experts are saying about the situation. >> but first, the 40 niners are gearing up for monday night football. right here on abc seven. after the break, you're going to hear from brock purdy about his preparations when sports where there was only one pediatrician to serve more than 10,000 children. daniel lurie said, i'm going to help. we opened a clinic for our most vulnerable children. i have worked shoulder to shoulder with him as we have brought solutions where people thought the problem was unsolvable. daniel doesn't take excuses. he holds himself accountable. and i know that he can do it for the city of san francisco.

here on abc seven. yeah. >> it's exciting. the niners will take the field for a game that matters. for the first time since their super bowl 58 loss to the chiefs. abc seven news sports director larry beil is here with how the team has prepared for the start of this new season. you have to mention the chiefs again. >> i'm sorry. >> we're moving on. >> i know we're moving ahead. onward and upward. yes, yes. the off season for the 40 niners. we can call it let's say interesting challenging to say

the least. between the drama with the brandon aiyuk contract and the trent williams holdout. this is actually the first week in which the team has been fully whole, and hopefully it's enough time as they prepare for aaron rodgers, former 40 niners defensive coordinator robert saleh and the rest of the new york jets, who should be much improved. brock purdy he's got the keys to the offense, and he believes that the niners are settled and ready for week one. >> we've done so much. i feel like as a team, whether it was guys leaving, guys joining our team and growing together with the squad that we have this year, and that's where our mindset is at, man. it's about 20-24, you know, we just played. we played in that game in february and now it's already a new season. so for us it is. and it's been like that since you know we got back for otas and camp, just in terms of flipping the page and getting after it for this year, man. so it's a long season. it's a marathon, but we know what it takes. and, you know, monday night for us, it's the start of a whole new journey. >> so the energy is back. it's just fun to be back in here

with, like, a purpose. like when you're in here for otas and, like, the start of training camp, you know, you're just trying to get a little bit better, trying to practice. and then once the first season hits the first game of the season, first week you have the game plan in. definitely. the vibe is excellent. and then also when you get to solve out some contract stuff and all your players are here, it's definitely very fun. >> the super bowl window for the 40 niners is only shrinking, because brock purdy is making about $1 million this year. next year it will be 50 to 60 million. so this may be their last opportunity with the roster as we know it to make that push for lombardi trophy number six. and we're anxious to see how things kick off on monday, especially against aaron rodgers, who grew up rooting for the 40 niners. and it's going to be fun. >> it is going to be fun. and aaron rodgers last year, right where everyone was so excited. game one out for the season for plays for the jets. >> and then he tore his achilles. so he had the whole comeback in the off season. and obviously looking to last more than four plays. >> yeah thanks larry. >> all right. all right. and the

40 niners kick off that new season against the new york jets monday. levi's stadium coverage begins at 5:00 right here on abc seven. >> well, coming up, it's not just close to shore. it's actually in the harbor. we're talking about a humpback whale in half

but do they really? do they see that crick in your neck? that ache in your heart? will they see that funny little thing that wasn't there last year? a new bounce in your step? the way your retinal scan connects to your blood sugar? at kaiser permanente all of us work together to care for all that is you.

the opportunity to see a whale so close has brought people from all across the area. >> but as abc seven news south bay reporter dustin dorsey reminds us, keep our distance. oh, there it is. >> here's a good shot. >> a sea life spectacle in pillar point, just a few feet from the shoreline. tis the season for whale watching. half moon bay is always a great place to see these gentle giants, but usually from much farther. onlookers here from across the bay area, enjoying an up close and personal experience with a humpback whale in the harbor. >> i've been here 20 years. the first time i seen the whale in the harbor. so it's pretty neat.

it's like. reminds me of humpback humphrey, the humpback over in the delta. unbelievable. i wish they could. somebody could help them out because they're stranded here. they're supposed to be out in the ocean, not in here. >> thankfully, this juvenile 30 foot humpback whale is not stranded. it worked its way into the harbor thursday morning from the ocean nearby. the historic maverick's surf spot. san mateo county harbor district general manager jim pruitt says it's just enjoying an all you can eat seafood buffet. >> there it is, right over your shoulder. >> i mean, what are your thoughts? >> i think he's a enjoying the harbor and enjoying all the bait fish that's within the harbor itself. they feed on bait fish, minnows, and there's a lot of bait off the coast right now. and you can see that with the tunas coming in with 20 miles of shore. the stripers are running like crazy, and the birds are working. >> since the whale is just enjoying a fish feeding frenzy. the harbor district has been instructed by the marine mammal center to let it be an allow it to return to the ocean on its

own. there's a similar message for people interested in seeing the whale for themselves. respect the wildlife. >> we don't want to create additional stress people, boat noises, even our voices carry across the water. and we want this whale to be comfortable and to be able to kind of navigate its way out of the harbor. >> the marine mammal center says the pacific appear. linda mar beach and mussel rock are great places to see whales right now as well, without creating issues for this one at pillar point, who will hopefully safely return home soon. at pillar point harbor, dustin dorsey, abc seven news. >> port of san francisco engineers determined the crumbling pier 54 is structurally unsound, according to the sfgate. it will be closed down by the end of the year. the 11 business tenants on it must shutter or relocate by then. one warehouse is home to float guys, which makes parade floats for the city's big events. workers say the old pier is full of character and they love it. the pier will soon sit unoccupied until the port finds the funds to remove it. it is a venerable

and popular spot for those businesses, but apparently unsafe. unsound. >> all right, let's get to the weather because we have been waiting for a cooldown. is it coming our way? and we were promised. >> yes, but abc7 news meteorologist sandhya patel, one thing you learn in this business is you never make promises. >> let's take a look at a live view right now. absolutely gorgeous view from our sky cam. you will notice that this is from fisherman's wharf. it is a lovely view. a lot of sun showing up. it's on the skystar wheel and we are going to continue to enjoy the sunshine for a few more hours before the sun goes down. the breeze is kicking up right now. novato 16 miles an hour. that onshore wind 14. in fairfield, 22 at sfo. that is starting the cooling process. temperatures are dropping by a few degrees right now, but don't tell that to people inland because it was in the upper 90s to low 100 seconds. with this area of high pressure dominating our weather,

certainly seeing those thunderstorms in the sierra. but this low is what's going to be making the changes for the weekend, and that's going to bring the cooler weather starting tomorrow. certainly active weather across the mountains at this hour. so keeping an eye on that here locally, we do have the fog off the coast. it's going to make its push across the bay. temperatures right now 101 in fairfield you're at 102 in saint helena, 98 in livermore, 96 concord along the coastline. it's definitely more comfortable. 89 san jose, 87 in santa rosa 75, oakland 65 in the city. if you're getting out of town and you are flying out of okay, it is aloha friday time travel forecast oakland 76 degrees, mainly sunny honolulu 89. there will be plenty of sun there as well. showers for kona and lihue as we look at our view from our ak camera, you can certainly see the fog starting to regroup. weekend weather cooling begins tomorrow. overnight the fog expands. we're going to see some patchy drizzle and early to middle part of next

week. it's going to be breezy and even cooler. let's talk about cooler weather for the oakland pride parade. 11:00 temperature will be about the mid 60s. perfect weather for the parade. i mean, the sun is going to be out. it's going to be mild. uh- zach fuentes and julian glover are going to be there. so go by, say hello and enjoy. if you're going to the parade, let's look at our hourly forecast tonight. the fog starts to push its way across the bay into some of the valleys. tomorrow morning we begin with some drizzle and then tomorrow afternoon evening that fog will pull back to the coast and then just sit there all afternoon long. your morning numbers will be in the 50s and 60s. watch out. the fog layer will be expanding tomorrow afternoon. 86 in san jose, 95 in gilroy on the peninsula. you're looking at 82. in redwood city, 64 half moon bay, downtown san francisco, 70 degrees 66 in daly city, north bay. temperatures 87, santa rosa 90, in sonoma, heading into the east bay. mid 70s oakland berkeley 83, castro valley inland areas. you're coming down

closer to where you should be. still above average though. 92 walnut creek 94, livermore 93. in concord at least you're coming out of the triple digits. so here's the accuweather seven day forecast mid 90s inland, mid 60s coast temperatures will dial back even more heading into a new workweek when they will bottom out into the mid 80s, tuesday and wednesday. that will be slightly below average for some cities, but they come back up on monday and thursday and friday, so there will be a little heat up. not a major one. a little yeah. >> thanks, sandhya. all right. >> well, building community and tackling key issues. we'll tell you about the latina empowerment conference held today in the east bay. >> and here is your

probably family. family, why is that? buenos dias, buenos dias. la comunidad es el corazón del barrio. pues sin ella no hay vida, no hay esperanza. everything that i'm doing is for my family. yeah. las mismas cosas que yo quiero para mi hijo las quiero para los niños de la comunidad. (♪)

abc seven bay area streaming tv app just search abc seven bay area and download it. >> today in oakland, an effort to empower latinas in areas of community leadership and finances, more than 100 people came out for the one day conference. it was a chance to

network and build community ties and address issues facing the latino community. >> people are looking for resources. they're looking for opportunities to grow and not only for themselves, but for their communities and for their families. so having these kinds of empowerment days and investing in yourself, i think, is pivotal in ensuring that we have a really solid future. >> workshops included topics like building generational wealth through home ownership and retirement planning. excellent. >> yeah. well, that is this edition of abc seven news here at five world news tonight with david muir. is next for sandyha patel. all of us. we appreciate your time. i'm dan ashley and i'm ama daetz. >> we will see you again at 6:00.

i had a serious fall. i called the barnes firm. they got me the injured on a job site? call the barnes firm now. ♪ the barnes firm, injury attorneys ♪ ♪ call 1-800 eight million ♪ i came to bayview hunter's point, where there was only one pediatrician to serve more than 10,000 children. daniel lurie said, i'm going to help. we opened a clinic for our most vulnerable children. i have worked shoulder to shoulder with him as we have brought solutions where people

thought the problem was unsolvable. daniel doesn't take excuses. he holds himself accountable. and i know that he can do it for the city of san francisco. tonight breaking news coming on the air as the fbi called ath alleged terror plot targeting jews in new york city. also, dramatic scene in court.