right now breaking news. -- the scene of a potentially dangerous hazardous material incident in newark at the evergreen oil facility evacuation of 70. >> refinery is located in newark in alameda county. abc7 news was the first to bring you the pictures. >> david louie joins us live from the scene. >> reporter: this incident occurred before 9:00 this morning. a pipeline spilled a chem -- chemical quickly vaporized and

caused a bad smelling odor that went up over the plant. as you can see the evergreen oil recycling plant in newark is a large facility on smith avenue 1 1/2 miles northwest of the mall. the spill mitigation plan was initiated. when fire units arrived they declared it a first alarm because the chemical is flammable. according to the chemical company dow and other sources it is a heat transfer fluid made up of ethylene glycol a common component of anti-freeze, colorless and tasteless not clear what additives are mixed in to make;t the chemical that spilled this morning. the plant was evacuated. no evacuations of nearby businesses or homes. it was brought under control an hour later. one engine on scene as a precaution. there was no health hazards to surging area or

businesses. we had -- surrounding area or businesses. one person of difficulty of breathing that hazard was mitigated by plant personnel, the leak was stopped. plant personnel released home for the day. there are plant personnel onsite repairing the piping. >> reporter: i spoke briefly to a member of the district attorney's office from alameda county who is here as part of the haz-mat response. they are awaiting access to do their own selection no employees other than the one that claimed of breathing problems were injured. weather conditions were favorable here this morning, there was no wind to carry that cloud of chemical to surrounding areas. the chief said the odor and vapor went straight up into the sky. again, the employees have been released. the situation appears now to be under control. david louie, abc7 news.

a 15-year-old driver is in critical condition now after he drove a car into a tree this morning. this is the mangled wreck from which rescuers removed the unlicensed driver and five others, all injured. it happened in alameda at island and robert davie, jr. drive after 2 a.m.. h h has been at the scene all morning. -- amy hollyfield has been at the scene all morning. >> reporter: police tell us they did find beer in the trunk of the car. they say the parent who owns the car says the beer is his. however, they did have to call out investigators from the alcohol and beverage control agency to be on the scene to investigate this case. it won't be until toxicology reports come back until they know whether the driver was drinking. this accident has shocked and upset this community. one woman who heard it, the crash told us she thought it was an earthquake until she heard screaming. firefighters had to use the

jaws of life to pry open the roof of this car so they could get to the driver. inside they found a 15-year-old boy at wheel and five teenaged passengers. four 15-year-olds and 113-year-old. >> the tragic part is nobody in the vehicle was old enough to have a license and drive. obviously, our hearts and prayers go out to the families. >> reporter: the driver was taken to the hospital with life-threatening injuries. everyone else was transported, no one else was hurt as badly as the driver. the crash happened 1:30 this morning. investigators haven't figured out why the driver wrecked. looking at the car leads them to brief he was probably speeding it came to rest facing oncoming traffic. >> just from the damage if it wasn't the primary cause of the collision it may have been a factor judging by the damage. >> reporter: no one saw the crash several people in the row of homes heard it and called 911. >> woke up to screeching and

then a crash and then we went to my parents' window and heard screaming and yelling. >> horrible like the sound of the car crashing. >> reporter: the two girls in the car are sisters. the car belongs to their father. >> the parent said he didn't give any permission for his vehicle to be used obviously by people who are unlicensed. >> reporter: a few teenagers stopped by this morning to see the car. some had their parents with them. some of the parents were using this accident as a teachable moment. amy hollyfield, abc7 news. santa clara county prosecutors have filed charges against five members of the same family accusing them of neglecting residents of the care home they ran you can see four here they remain free on bail they are expected in court july 16th. police say the home operated without a state license. investigators say there were 12 residents dependent nonspeaking asian immigrants,

beaten, malnurished. the home was covered with animal feces from 50 dogs that wandered the home. >> this type of event is tragic. you are taking van of the most vulnerable segment of our community people who cannot take care of themselves and you subject them to such squalor and deplorable conditions and take advantage of them. >> the animals were taken to be cared for. adult protective services has found other arrangements for the victims. new information in the investigation into how the 3-year-old son of a san jose police officer wound upshot to death in his home. it happened in gilroy yesterday. terry mcsweeney is live at the police department. was it the father's service weapon? >> reporter: it beginning to look like it might have been. gilroy police releasing information painting a picture of a child or a few children

playing with a handgun and then the fatal accident. however it happened it is shaking up police departments from san jose to gilroy. this was the scene outside the home on the 7500 of kentwood court last night. police investigating the shooting death of a 3-year-old boy. the boy was the son of a nine year veteran of the san jose police force officer brandon orlando. >> the boy was shot with a handgun. family members were home at the time. and the county's death protocol has been initiated to ensure that this incident is investigated to its fullest. >> reporter: the death protocol involves investigators from the d.a.'s office and medical examiner's office. this morning a couple stopped by to gather a number of items. neighbors out for a walk did not wish to talk. >> at this time we believe the shooting was accidental. >> reporter: police say a number of children were inside the home. the shooting took place in an upstairs room only one shot

fired, no one in custody. all indications are it was the officer's child or one of his playmates playing with the gun. police are not saying whether the gun was the officer's service weapon. >> part of the investigation will focus on how firearms are stored in the house. a lot of the police officers here or any place else have families a lot of those families have children. we look at this child and we see our own so it is very difficult at this time. >> reporter: here is the official statement from the san jose police department, it is a very difficult time for all of us we will do all we can to help the family get through this difficult time. gilroy police say they are going to have more information available later today. katrina rusk is on the story she will have that at 4, 5 and 6. terry mcsweeney, abc7 news. still ahead, the government releases a weak june jobs report and economy is the focus of the

presidential campaign. fighting words today from president obama and mitt romney on one of the top issues. horse racing resumes today at the alameda county fair after a jockey was thrown off after a jockey was thrown off now's a great time to get at&t u-verse tv. make the switch! [ female announcer ] call to get u-verse -- now with free hd -- for only 25 a month for six months -- our lowest price ever -- with a total home dvr included. plus get hbo and cinemax free for three months. [ male announcer ] with u-verse tv, you can record four shows at once with a total home dvr that lets you play back, pause, or rewind your shows from any room. [ female announcer ] so call at&t to get u-verse -- now with free hd -- for only 25 a month for six months -- our lowest price ever -- with a total home dvr included. plus get hbo and cinemax free for three months. [ male announcer ] and u-verse tv is "highest in residential television service satisfaction"

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racetrack officials are meeting today to talk about how to prevent another

tragedy 3-year-old hooray herrera was thrown from his horse last evening. -- 33-year-old jorge herrera was thrown from his horse last evening. >> reporter: his death happened 37 years to the day after the last jockey died in 1975. while officials here examine the track, the horse and the conditions looking for clues as to the cause, the races themselves must go on. >> it is just an unfortunate accident. it happened. >> reporter: while the people began investigating what caused the fatal accident, the horses did what comes normally, they ran and ran and ran in workouts before today's post time. e accident that killed 33-year-old jorge herrera happened during the 8th race most fans probably didn't realize what they were seeing. >> when i was walking from the press box it seemed like everyone was concluding a

great leaving, having fun. i would say probably 99% of the people had no idea what happened. >> reporter: herrera was riding a horse named morito. officials believe morito clipped another horse making his head tilt tossing herrera forward where believed he was kicked by another horse causing fatal injuries. today the community is mourning. >> when i was a sports writer i covered every professional sport. i've never been around such genuine close-knit people as the horse racing industry. >> reporter: that industry today will have a moment of silence before the races begin. there are also plans for a memorial race sunday details of that yet to be announced. laura anthony is here and has been talking to the head of the jockey's guild. she will have more on his reaction what happened later on. eric thomas, abc7 news.

attorneys for the city of stockton appeared in federal bankruptcy court this morning the first court hearing for the city since they filed chapter 9 last week. stockton officials want the judge to approve a 2013 budget that allows the city to default on bond payments, cut employee wages and stop paying for retiree health insurance. one creditor says it will fight the bankrupt. new national unemployment figures out this morning show the u.s. economy is still struggling three years after the recession. the june jobs report shows employers added 80,000 jobs last month, leaving unemployment rate unchanged at 8.2%. the third straight month of weak hiring. on the campaign trail president obama called the numbers tough but a step in the right direction. mitt romney pointed the finger at the obama administration an using the president of not doing enough to stimulate grab growth. >> the president's policies

have not -- have not gotten america working again. >> the president: businesses created 4.4 million new jobs over 28 months including 500,000 new manufacturing jobs. [ applause ] >> the president: that's a step in the right direction. >> the weaker figures have affected consumer spending. many retailers, including costco and target reported slower sales. weekend just about here. mike has the forecast. >> maybe higher sales of sunscreen a little brighter and warmer in the weekend warmer now than this time yesterday clouds back to the coast quicker we'll look at how our airports are doing and how many people will see 90s this weekend. plus, a story that may quench your first for fashion. one designer --

mike says we need sunscreen but i'm looking outside maybe it will take a while. >> what you got mike? >> sunny there but there are clouds at the coast as you look down from mount tamalpais that one finger of fog across the golden gate bridge trying to reach out to oakland. santa cruz you can see

sunshine already breaking out along the boardwalk and beaches there, kids playing, looks like a fun time time -- down there. here's live doppler 7 hd a little mist this morning right now everything is running okay as we look at a dry sky over the bay area. you can see sunshine definitely getting a jumpstart on where it was yesterday only the coast right now receiving a little cloud cover affected temperatures half moon bay, san francisco and san rafael still in the mid 50s. 70s inland. monterey bay clouds and 58 monterey, everybody else in the low to mid 60s into salinas gilroy 69. with more sun today warmer temperatures. warming trend today through next week. the good news at night it will still drop into the 50s so it will be comfortable you will be able to sleep well and cool the house. today, baby steps fremont, santa rosa two degrees warmer, three in oakland.

concord and san jose six low to mid 80s east bay valleys. 70s elsewhere coast and san francisco low to mid 60s. monterey bay clouds linger around monterey and carmelo to mid 60s. inland -- low to mid80s. pleasanton, alameda county fair today warmer than yesterday not as breezy more sun and 80 sick. -- and 86. if you want to watch the a's mariners are coming to town 7:05 first pitch sunny will cool to about 56° after starting at 62. big jazz festival in san francisco, filmore jazz festival nearly 90,000 people will attend, partly cloudy, a little breeze, 60 at 10:00 warm up to 68 during the day to drop to six city by 6:00.

this warm area of high pressure all the record heat in the east guess where it is coming -- going to shift west inland warm irbe 80s but look what happens at the coast the coast is never affected by this heat localized sea breeze will keep you in the mid to upper 60s. free air condition irbes in the upper 70s to low 80s. low to mid 90s inland. it will cool off everywhere at night. this year's aids walk in san francisco sunday july 15th, in golden gate park. you can ridge never or -- you can register by calling or visit: milk is not just forever drinking any more. a german designer is making her clothes out of milk. it might quench a thirst for

fashion. milk fabric fills the gap in the textiles market which is struggling. >> milk is such a great natural resource. we have to keep it natural. there must be a way to produce also natural fiber from it. this is how we started in the kitchen. and our process is simple, almost like baking. >> interesting. the milk fabric is nonallergenic there's interest from hospitals and hotels. one problem could be the price the fabric costs 10 times more to produce then cotton. >> there is no smell and you can launder it with your other clothes. >> next friday's perfect

before copd... i took my son fishing every year. we had a great spot, not easy to find, but worth it. but with copd making it hard to breathe, i thought those days might be over. so my doctor prescribed symbicort. it helps significantly improve my lung function starting within five minutes. symbicort doesn't replace a rescue inhaler for sudden symptoms. with symbicort, today i'm breathing better. and that means...fish on! symbicort is for copd including chronic bronchitis and emphysema. it should not be taken more than twice a day. symbicort may increase your risk of lung infections, osteoporosis, and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking it. with copd, i thought i'd miss our family tradition. now symbicort significantly improves my lung function, starting within 5 minutes. and that makes a difference in my breathing. today, we're ready for whatever swims our way. ask your doctor about symbicort.

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today at 4, new concerns for women who take fertility drugs they may have an increased risk of breast cancer. then at 5, closer look at alleged abuse of mentally and disabled patients in a san jose home. we'll have those stories and more later today. we are going to lighten things -- hey mike. good morning. we are here with anita. nice to see you. >> always nice to see you.

>> who did you bring with you? >> this little charmer is tiny tim. if you are ever going to fall in love with a dog this might be the little guy. he's three months old. he's a chihuahua mix. we are not sure with what, maybe great dane not 100% certain. he's a little tripod missing his right front leg. that doesn't stop him from running and playing and having a good time with his friends and place with his toys. >> he can be a lap dog or a little energetic. >> absolutely he would be a great addition to any family. a really big dog might be an issue otherwise it would be fine. >> you have a big adopthon this weekend? >> not this weekend, two weeks from this weekend july 22nd, there will be many different organizations rescue organizations, including ourselves of course lots of cats and dogs to adopt. if this isn't your dream boy you will find one there. >> great.

call if you want to inquire about tiny tim or the big event in two weeks. thank you. >> thank you. >> so mel low >> he's got to -- got to be somebody's dream. >> thanks for joining us. >> who wants to be a millionaire is next. reminder about the about the sleep train dream campaign. >> for every new like we get this summer one dollar will help foster kids in need. go to

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