police say it was a deadly mistake. one person is dead, several

more injured, after a car plows through the front door of a gym and right into the middle of a workout class. good afternoon, i'm brian hackney. >> i'm michelle griego. kpix 5's cate caugiran joins us live from the scene in livermore with more. >> reporter: the five people injured in the accident have been treated and released. crews are getting ready to tow the mercedes suv that crashed through those front doors before hitting a wall. now, we can't show you the inside from right here but we have some pictures that we'll show you of the damage. now, in the back of the photo here you can see where that mercedes suv smashed into the wall. livermore police say the suv drove past some support beaches straight into a class of nine people. the person behind the wheel hasn't been identified. she is an 80-year-old woman from livermore. police say she might have experienced pedal confusion meaning she hit the gas instead of the brake.

>> the car was parking directly in front of the gym and it just went through the glass doors and then all the way through the gym and then ended up crashing into a wall. >> reporter: the person behind the wheel as we mentioned has not been identified yet. but going back to the basics of what happened, this happened just before 6:30 this morning. the people inside were taking a trx workout class. all we know about the victim at this point is that she was a 49- year-old woman. also from livermore. and was with her husband at the time of the crash. now, we are giving you live pictures right now. the front is dented in. it will be removed so police can examine it for -- to figure out exactly what went wrong in this case. the people who work here say that the group of people in this workout class was a group of students who had been taking the class together for four

years. this is tragic for multiple families here. live in livermore, michelle, back to you. >> cate, do we know what will happen with the woman who crashed the car? >> reporter: well, michelle, police tell me at this point, she has been treated and released. charges will be up to the d.a.'s office but they told me they have ruled out drugs and alcohol as a factor in the accident. >> cate caugiran live in livermore, thank you. this just in. dramatic audio captures the exchange of gunfire between police and a shooting suspect near san leandro. [ radio chatter ] >> multiple shots fired here off-ramp 238 and -- [ shots fired ] >> at 8:30 last night oakland police say the suspect was involved in a drive-by shooting near 105th avenue and san leandro street. one of the bullets hit a passerby in the stomach.

police found the suspect's car but he ran away. just after 2 a.m. that same suspect attempted to carjack someone else but failed. the chp then found the suspect walking on interstate 238 and that's when a gun battle erupted. >> it's almost like he was in his own real life grand theft auto game except he is using real life consequences and bullets. and you don't get to push the restart button. >> alameda county sheriffs say the suspect fired shots at deputies before he was shot and killed. no deputies were injured. the person shot in the drive by is in stable condition. two suspects are dead after a gun battle with police in the parking lot of a target department store. two officers were wounded during yesterday's gunfight in sand city, a town in monterey county. investigators say it happened as police tried to arrest the man on outstanding warrants. both wounded officers are expected to recover. the judge called for a time- out in an emotional case that

pits neighbor versus nice with an autistic child in the middle. kpix 5 reporter kiet do reports from san jose. >> reporter: the father of the boy capped off the morning's drama and tension by dashing out of court. >> we'll be very glad that the judge ordered the judicial settlement conference. thank you very much. >> reporter: neighbors robert flowers, kumar and his wife [ non-english language ] are suing their neighbors to try to declare an 11-year-old autistic boy a public nuisance! in their quiet sunnyvale cul-de- sac they say he attacked their children when sitters weren't around. neighbors say they tried to work with the parents to make sure the boy was supervised but the attacks continued. today the judge said to take a time-out saying she was dismayed at the way case was going. the judge said they were smart creative people to work it out like adults. >> i don't blame her. i think this case should have

been happened in a different way a long time ago. i regret that it's gotten to this point. >> reporter: all parties have agreed to go to mediation. do you feel like you needed to get to this point? >> we have been trying to come up with a permanent safety solution. this might work. >> i'm looking forward to meeting with the judge and we can work for a positive outcome. >> reporter: the plaintiffs were trying to fight for the release of medical and school records. advocates say it could set precedent. >> if they do something that people in the community disapprove of or don't like or fear, that all of a sudden their entire lives, all their private records, their therapy records, their school records, all of that would be open for public consumption. i mean, it was so extreme, it was an egregious request. >> reporter: and today the judge ordered everybody to meet with a settlement judge next month. if they cannot iron out their differences, then they will proceed to trial in november. in downtown san jose, kiet do,

kpix 5. president obama is getting ready to welcome pope francis when he lands on u.s. soil for the first time this afternoon. reporter weijia jang tells us security teams in three major u.s. cities have spent months preparing for the historic day. weijia. >> reporter: well, michelle, this is one of the biggest security operations in u.s. history and it will be a moment in history as you mentioned when pope francis lands and walks on u.s. soil for the first time. the president and vice president joe biden will be waiting at the very bottom of the stairs of the airplane for what's sure to be an unforgettable welcome. pope francis has departed cuba for the u.s. after celebrating a final mass in santiago. he called catholicism the foundation of cuban identity and called for a revolution of tenderness as cubans rediscover their heritage.

in washington, dc, security teams are making final preparations for the pope's arrival this afternoon. he will land at joint base andrews where he will be greeted by president obama and the first family. the pope's rival begins a six- day tour of the u.s. -- the pope's arrival begins a six-day tour of the u.s. in three large cities. the security plan has thousands of federal, state and local law enforcement assigned to watch over the pontiff as well as the millions who want to see him. security planners also studied every attempt on a pope's life in the last 40 years. >> we wanted to remind everybody on these details in all three cities about the way these things have happened in the past and different ways they have been put together. >> reporter: the greatest concern an attack by a lone wolf. >> no one can say with certainty you can 100% stop everything. >> reporter: in planning for this big trip, the secret service even traveled to the vatican to study the pope's every move. he is known for being incredibly warm and wanting to embrace everyone around him so

they want to know what to expect. thousands are lining the streets to catch a glimpse and greet him. michelle? >> well, weijia, what's planned for the time in washington? >> reporter: he has a really packed schedule here in the nation's capital. tomorrow, he will have a formal visit at the white house and then address about 300 american bishops for a prayer service before saying mass in front of tens of thousands of people. and then on thursday, another moment in history, he will be the first pope to ever address a joint session of congress. >> interesting. weijia jang, live in washington, dc, thank you. sfpd and the university of san francisco are taking strides to reduce sexual assaults on campus. today law enforcement and the university announced an agreement on how to respond and help students who say they have been sexually assaulted. the agreement aims to collect evidence in a timely and proper manner and ensure victims receive the services they need

regardless of whether they report the crime to police. >> here in san francisco we are going beyond the conversation. we are actually taking action and like in many other ways, san francisco today is leading the way by example. >> six more agreements are expected at uscf, sf state, city college of san francisco, the academy of art university, golden gate university and uc hausings college of the law. governor brown is asking for a federal declaration of disaster in the fire areas in northern california. one family had a surprise. the house that jim robinson built still stands even after the "valley fire" torched it. >> styrofoam insulation and concrete. >> that's one of the reasons why his house is still

standing, built of concrete. >> they hope to have the house back to normal in a few weeks. the community of cobb is still under mandatory evacuation. all other evacuation orders have been lifted in the area. firefighters have contained 75% of the "valley fire." it burned more than 76,000 acres. 1200 homes were destroyed an 700 other structures. the big evacuation center at the napa county fairgrounds in calistoga will close on thursday. and coming up, an alarming trend in the pharmaceutical industry. one lawmaker calls it price gouging. why big pharma companies are jacking up pill prices. >> and this monkey selfie is going to court. why this face now at the center of a lawsuit filed this morning in san francisco. >> from the kpix 5 weather center, good afternoon, everybody. this is the last day of summer and it feels more like mid autumn. i have the

happening today big changes could be on the way at levi's stadium. two things being considered, banning alcohol after halftime, and boosting police patrols. tonight santa clara city council will consider the new proposals in an attempt to cut down on violence. reporting to police, they average about 30 arrests per game. still, the chief doesn't think the real problem is drinking. the council will take up the issue during tonight's meeting at 7 p.m. patients are getting hit with massive sticker shop with life-saving drugs. it's part of the trend in the pharmaceutical industry drawing backlash and attention from lawmakers. don dahler reports. >> why was it necessary to raise the price so drastically? >> it depends how you define so drastically because the drug

was unprofitable at the former price. so any company selling it would be losing money. and at this price it's a reasonable profit not excessive. >> reporter: it was developed in 1953 as a treatment for toxoplasmosis an infection caused by a parasite. it comes from eating undercooked meat or contaminated water and affects those with compromised immune systems like aids and cancer patients. when they raised it to $750 per pill last month the average cost of treatment for patients rose from about $1,130 to $63,000. >> this particular drug is used by a small but vulnerable group of patients so you see how greedy this move looks. >> i can see how it looks greedy. one example is this is a disease where there hasn't been one pharmaceutical company focused on it for 70 years ago. we are now a company that's dedicated to the treatment and cure of toxoplasmosis. and with these new profits we can spend all of that upside on

the patients who sorely need a new drug, in my opinion. >> patients shouldn't be taxed and charged for future research and development. patients should pay for the drug they are getting and what they need in the situation that they are. >> reporter: don dahler, cbs news, new york. >> another drug that treats tuberculosis went from $15 to $360 after the rights to a drug were sold to a smaller company last month. yesterday the price hike was reversed amid backlash and hillary clinton is weighing in on the issue saying that price gouging like this in the specialty drug market is outrageous. she will nones a plan to change it -- announce a plan to change it. if you giving a primate an camera and he takes them, who owns the rights? this is a macaque monkey taking a selfie. there is now a copyright suit. peta filed a lawsuit in san francisco arguing that the monkey should own the photos.

peta wants the monkey and other primates to benefit from proceeds from the photos. >> who owns it? >> monkey business. >> great selfie. let's look at our weather watcher and see who is checking in with us at this lunchtime. we have several people around the bay area. it looks like at this particular time temperatures are in the 60s and 70s so says charlie rains in virginia, thanks for checking in. let's check some of the conditions in and around our microclimates at this hour. we have mostly cloudy skies and, dear, golden gate, where did the sun go? look at the flag on the fly, as well. yesterday,73 degrees in concord after a high yesterday of 103 degrees. west-southwest winds 14 in pleasanton. 19 an ramon. 22 in fairfield. that will add a chill to the air. all right, here's the scenes

from lick observatory. clear skies, the ceos not clear. and we are socked in at sausalito at this hour. meanwhile, we have plenty of clouds around the university of california in berkeley. the last day of summer is breezy and our temperatures are tumbling everywhere but better sleeping weather tonight some 40s and 50s. rain to the south. clouds off our coast producing a little bit of drizzle because of that enhanced marine layer. up to 25 degrees cooler inland today with an area of low pressure upstream. 86 in sacramento today. 77 in the high sierra. just about 70 in monterey bay. look at these numbers down from 103 in livermore to 83. down from 103 in gilroy to the 80s. 72 in oakland down from 92 degrees. here's your extended forecast today much cooler, tomorrow repeat performance. and then on thursday and friday, we begin to warm up. last day of summer and we have the boys of summer playing baseball tonight.

breezy clear skies 64 degrees g -- go a's. the new drama limitless debuts tonight on kpix 5 based on the movie a man down on his luck taking a brain boosting pill called nvt. i spoke with the stars on the trouble that comes with all that knowledge. >> there's a pill called nvt which allows whoever takes it to unlock pretty much their full potential. this pill lets you live an optimal life. you can get out of your own way. it changes your life in a big way but there are some really deadly side effects. so you have to take it with caution. >> limitless debuts tonight at 10 p.m. followed by the kpix 5 news at 11. still ahead an aggressive hammerhead shark wasn't about to give up. we have the video showing a kayaker fight for his life off the california coast. ,,,,,,,, ,,,,,,,,,,,,,,

morning runs to starbucks will get quicker if you use a new ordering app. starting today, customers can order ahead at starbucks and starbucks mobile order and pay feature allows customers to place and pay for the order in advance and pick it up at the

chosen location. all you have to do is download the app on iphone and android devices. buying red leaf lettuce can be tricky. it has a shorter shelf life. >> reporter: well, today's tip of the day is going to be is red leaf lettuce. we have done other tips but haven't done this in a long time. it's great. it's delicious. it's good for us. and look at the color. when you buy it, take a look at this. the more red on the outside, red leaf lettuce it the better it is. and you want to make sure it's nice and fresh. it has to feel fresh squeaky to the touch. right here free from any browning whatsoever a little bit here is okay. just right there but not right here at the stem. when you bring them home, take it out of the plastic back and crisp it. that's what restaurants do. put it in the leaf lettuce -- this is for all of them, put them in there, take it out, shake off the water, wrap a paper towel around it and put

it in the refrigerator called crisping. staying crisp for four to five daysna . plastic bag after two days -- in a plastic bag, after two days it wilts. i'm tony tantillo, your fresh grocer. and always remember to eat fresh and stay healthy. ,,,,,,,,

one kayaker found himself in a fight with a hammerhead shark and he caught it all on

camera. the shark started ramming and biting mark mccracken's kayak off the coast of santa barbara. guess the music was playing, too. ♪[ music ] >> he posted this video on instagram saying he had to hit the shark over 20 times to get him to go away. you can see the shark just wasn't giving up and just kept coming back for more. >> coming up tonight at 5:00, california parents will have to keep kids in rear facing car seats until they are two years old. the new law sparking a heated debate among parents. we'll have that story and more at 5:00. at 5:00. >>

[ bird screeches ] >> brooke: where's ridge? >> caroline: i don't know. i called him, but... >> brooke: so, he didn't say where he was? >> caroline: no. i mean, he said he's planning our future. >> brooke: planning your future? >> caroline: yeah. i don't know. i asked him what that meant, but all he said is, "that's all you need to know right now." [ growls ] >> brooke: i see. >> caroline: do you? because i have no idea what it means. >> brooke: [ sighs ] you'll find out soon enough. >> caroline: that man and his