damaged. again home owners taking of that by district we are not angry but painful that no one was hurt and definitely surprised. >> i looked out the window and sought a fifth truck in my yard. and the smoke was coming out. after that my neighbor is coming by and see him and the car, and come to knock out the door and i believe my neighbor woke him up. and then he backed up the car to my driveway. >> reporter: to did smith

was arrested and he was arrested for driving under the influence of all and and possession of marijuana. he has the history of troubles and some like this in miami. this is one interesting thing the car came this way on to the property. but on the home owner would doubt it was facing out. so somehow he must have made a weekly. she finally getting his car at all to the ditch when his neighbor will come up. kron for new spiri >> pam: today 49ers coach harbaugh briefly touched on his linebacker's trouble and his player's future on the field! >> somewhat disappointed i expected to be back to work in facing his team members.

>> pam: aldon smith right now also facing some other trouble. in the wake of a party at his home --- where he was stabbed and someone was shot. that happened last year. in june. now the man who was hurt is suing smith and a former 49ers player. smith's lawyer contends the injured man freely and voluntarily exposed himself to all risks of harm by attending the party. >> pam: and points out aldon smith is not the one who hurt shot the man. although smith is accused of firing guns into the air to get people to leave. the santa clara county d-a says they are still considering criminal charges.

>> (cheers & applause) >> this is the scene in palo alto at the apple store when it opened at eight a=m. hundreds of people waited for hours this morning to get their hands on the new phone. some even camped out >> pam: kron 4's tech reporter gabe slate was at the chestnut street apple store in san francisco this morning where people did not get the i=phones they wanted. >> reporter: at 7:50am just before the apple store opened in the marina there were 244 people in line. the first person in line arrived at 6pm thursday night to camp out. one night sleeping on the street that's nothing. this hard core apple fan slept on the streets for days in front of the palo alto store >>you feel like doofus for waiting in line but you are doofus with cool phone >> reporter:yes. it is lame and dorky to wait in line for a phone. but this time it turned out to be the right move

>> doors opened. >> reporter:apple employees cheered when the store opened and greeted the first in line with a warm welcome after that the crowd quickly realized there was nothing to clap about >>5-23 my tape "all space greys, no silver no golds" >> reporter:employees walked the line with their file box of cards representing their inventory and broke the bad news >>"i don't have any silver in at&t" >> reporter: right off that bat the first 10 people could not get the the higher end iphone 5s model the way they watned the color, size, carrier if >> reporter:they wanted to walk away with an iphone they had to be flexible >>no more gold for a&t - yeahhhh mad

>> reporter:for t-mobile verizon at&t there was one gold one, the one, i got the one. you heard right, this guy was 2nd in line, he said there were only 3 gold iphones at this store at launch time he got the t- mobile one. >> reporter:there were a few 64gb gold iphones this guy wanted 16 gb but paid extra for the gold. >> reporter:so here's the takeaway from this morning way more people showed up then expected apple is in trouble they do not have enough iphone 5s's and they have a serious shortage of gold iphones. i asked dozens of people in line what color they watned they all said gold the gold iphone is going to be the new mobey dick gadget in the tech world very hard to find. unless you are willing to pay there are hundreds for sale on ebay right now selling for over $1,000. >> reporter:gabe slate kron 4 news.

see >>on the kron4 facebook page. >> catherine: we've been asking what 'you'd' like to know about the new phones. coming up in 10 minutes -- we'll have a tech expert from venture beat-dot-com. to answer all your questions. >> catherine: this is a story people are talking about on our website -- kron-4 dot com. you can stay connected with that story and many others. you can also use the new kron4 news app. >> pam: the parents of a 10- year-old girl shot in hayward yesterday now telling police what took them several hours to report the shooting. >> pam: they say they thought she was starting her monthly cycle. >> pam: it happened on tampa avenue near sumatra street. the girl was shot in the pelvic area. her parents noticed the bullet holes near her bed and called 9-1-1 after she was still in pain. the girl is expected to be okay.

no one is in custody. >> catherine: a man is now in custody, after he tried to break into a san francisco bank earlier this morning. this happened shortly before four a-m at the bank of america on san bruno avenue. >> catherine: the suspect entered the bank through a vent, and when police caught him, he made his way across several >> catherine: a three-year- old boy is one of the 13 people shot and wounded in a chicago park last night. the boy's family says he was shot in the face.and has had plastic surgery. the attackers used an assault-style gun to spray the crowd with bullets. police think the shooting was gang-related - but no arrests have been made. and they say they're amazed that no one was killed. >> catherine: police haven't said how many suspects they're looking for. one witness said that dread- locked men opened fire from a car. as for the little boy - he's resting in the hospital - and described as doing better. tonight.

>> >> pam: kron4 is tracking a storm on the way into the bay area. here is a live look from san francisco. cloudy for much of the day. our chief meteorlogist jacqueline bennett is standing by. >> jacqueline: overnight into tomorrow morning we will see a second wave of rain impact us. tonight, we will see spot the showers. at 11:00 to the midnight hour. south of the golden gate and then rain. ac here by noon we have storms here but the north bay. >> pam: coming up at five. >> pam: a c-h-p officer left bloodied and dazed. his risky move -- that saved a man's life.

then -- >>please leave now, please. why a priest stopped this wedding ceremony. right in the middle of a couples vows. but first. >> pam: the new bart crime report riders need to see. we're new to town.ells. welcome to monroe. so you can move more effortlessly... we want to open a new account: checking and savings. well we can help with that. we tend to do a lot of banking online.

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>> pam: -crime on bart could be expanded authority given to bart police just a few months ago.

kron 4's charles clifford has details. >> reporter:according to bart's latest quarterly service performance review, from april to june violent crimes, such as homicide, rape, robbery,aggravated assaulp from the quarter before and higher than during the same time period last year. >> reporter:bart had set a goal of just two such incidents for every one million passenger trips, but they have failed to meet that mark. >> reporter:the increase in crime is happening despite a new effort by bart police to keep repeat and violent offenders off the trains. back in may, officers were given the authority to ban people from riding the trains if they committed a violent crime or were caught selling drugs. offenders who commit minor offense, like vandalism, can be also banned if they are caught multiple times. >> reporter:a possible explanation for the crime increase, is that bart's rider ship is growing. on the average day during the last quarter 398,134 people rode bart, that's up 6.4 percent from the same quarter last year. >> reporter:the bart police department has 206 officers who are responsible for watching 104 miles of track and patrolling 44 stations.

>> reporter:in san francisco, charles clifford kron 4 news. >> pam: still ahead. >> pam: the new iphone fives are out! but should you buy it? a tech expert is here to answer your questions. then. new details emerging in the navy yard massacre. the shooters connection to n-s-a leaker edward snowden.

>> catherine: we have been talking a lot about the new iphone. as we head into the weekend. we've been talking a lot about the new i-phones. now let's hear what our tech guest thinks. dylan tweney is executive editor for venture beat dot-com. and we have questions from viewers.

>> never know what apple is their choice of intentional or not. my guess is that it is correct >> catherine: but the person who did not get the gold 16 could go and purchase something else i might imagine? >> well that the to the person may decide to the to wait and get the gold 16 model. >> catherine: bertha asked "what's the difference between the 5-c and the 5- s?" kris says "who cares about

>> and has a really nice camera and a half st bomb sensor for security reasons and colors. >> catherine: colors - we put them in cases." anita says "is there an option on the i-phone 5-s not to use the fingerprint - but use the regular key?" and lalo says "will the government be recording our fingerprints?" thought >> i do believe that it is optional. i'm pretty sure that it is an optional feature.

>> write it is a reasonable question in that action made a joke about it mccain out. the truth is, no spirit of the fingerprint that it is only for restraint on the chip and the processors inside the phone. there's no way the actual fingerprint dedekind's off the phone derrick that said, people are putting up prize money to see if they can hack the fingerprint reader. >> pam: a california man credits a quick-thinking highway patrol officer for saving his life. mike teselle explains how the patrolman put himself in danger and used his cruiser to protect the man who was oblivious to oncoming danger. >> as i hear the collision, i start running.

>> reporter:running for his life.darrell van natta said this video.these still pictures.are snapshots of an experience so harrowing, the chp officer involved: >>he looked me in the eye and said you are really lucky to be here right now. >> reporter:tuesday morning.as the officer of this chp car performed a traffic break.van natta began to walk out on interstate 80 to grab debris that had fallen between two lanes of traffic. >>van natta: it was a large bag of lawn clippings. >> reporter:all the sudden van natta heard a sound so loud he described it with a single word. >>van natta: unbelieveable. >> reporter:that sound was the officer, using his patrol car to absorb impact of the approaching car--that was 65 miles per hours--and showed no evidence of braking--less than 1/2- a football field from where van natta was standing. >> reporter:the force of the collision so great the other drivers car crashed into van natta's truck *after slamming this

>>van natta: when the collision happened he was probably closer than that truck to me. and you have to realize, he didn't just sit there and take the hit he accelerated his vehicle to try to absorb some of the hit. >> reporter:as this patrol car was slammed foward.listen. to just how close it came to barreling into van natta as he tried to run away. >>van natta: as i'm running i feel the officers car hitting my heels. >>i've got live traffic here and my truck here so i have no where to go but forward. >>so as i got to the front of my truck i dive over in front of my truck. >> reporter:as soon as van natta caught his breath he realized the officer, steve johnson seen here, is bloodied and dazed. >>his bell was definitely rung. >> reporter:now a day later, van natta told me the officer's quick action to risk his own life by using his patrol car as a shield is what allowed him to survive until today--his 55th birthday. >>he was there to protect me

and he did. teselle: oh, and what did the officer tell the highway worker once they had a chance to talk? van natta: he told me i should buy a lottery ticket. i want you to know stuff i want you to be kind. i want you to be smart. super smart. i want one thing in a doctor. to speak my language. i don't want you to look at the chart before you say hi...david. quiero que me hagas sentir segura. i want you to be awesome. that's the doctor i want. at kaiser permanente, we want you to choose the doctor that's right for you. find your perfect match at kp.org and thrive. walter likes to download fix-it videos...

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>> pam: mark, this is always a great and that then you always get the lucky assignment to cover it. (laughter) >> reporter: i do pam, what a great day new output on a concert like this. she it one bit charities here and tell us about your foundation >> every year this concert that the schools. because of this concert this weekend more children will be playing classical music and

learning-musical instruments. every single day, up kids who would never have access to this program but because of this auction tonight and over the weekend all of the kids will be able to have more exposure to music and musical instruments. >> reporter: as well as a great concert in we still have both been still have tickets available for saturday. and sunday come out for duty brothers with the great concert. palo cruzan's right up there yes he really sounds great (laughter) >> pam: of a weekend of fond! you think you. a weekend of fun!

coming up at 5:30. >> pam: met. then -- a former raiders house trashed. why the parents of the kids who did it -- are now threatening to sue him! go andlose dioverhe n wayo he ke tee cle and eathresh new nefuhealy sme fo d snks. he'll ve t cruh ofhe healy sme kiles.

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(male announcer): this is the bay area news station, kron 4 news starts now. >> catherine: a showdown in the nation's capital. the house today voted on a bill that would allow the government to pay its bills - at least in the short term. but it would also strip funding from 'obama-care.' the result -- a possible government shut-down -- and an angry president. "they are actually willing to plunge america into default if we can't defund the affordable care act." >> catherine: president obama says congressional republicans are trying to "mess" with him.

furious about a house- passed spending resolution that cut all the funding for his health care reform law.and increases the specter of a government shutdown. the bill is assumed to be dead on arrival in the senate. setting up a fiscal showdown just 10 days before much of the federal government is set to run out of money. but speaker john boehner today called the vote a win for america. >>"we had a victory today for american people. and, frankly, we also had a victory for common sense. senator baucus said it right when he said it months ago, that this law is a train wreck. and it is a train wreck. and the president said if we pass this law, health care costs will go down. well, now we find out that health care costs are going up for most americans. the president said if you like the health insurance policy that you have, you can keep it. well, we found out that's not quite accurate either. in the coming months, millions of americans are going to find out, it's just not quite true.

today's vote marks the 42nd >> catherine: time the house has voted to essentially shoot down obama-care. president obama has said he won't back down or negotiate on the health care issue. promising to veto any measure that jeopardizes it. >> catherine: house republican leaders have been meeting behind closed doors -- trying to figure out the next step in the budget battle. and with very high stakes -- congress seems to be on a path with no definitive end. >> have a situation where in 10 days all probability the government will run out of money unlike 1995, when basically the government had seven bills passed so that there'll be money even with the shutdown occurred there is no money, there is no money there is nothing running the machinery except for mandatory spending spending.

>> the president already called the speaker tonight and said that they are not negotiating on a debt selling print the president in any way has taking a step forward in thinking there is enough boast that state mccain says he will not shut down the government over obama character it >> pam: all less talk about obama carol think they support it but there is a lot of fear about it because of fear that has been created about it and do not know if they're going to like it or not >> you have actually seen a lot of republican governors and adopting the mandates for obama care because it helps un in short and the state spirit the un in short end their state spirit

>> and a place where divided government by design, one branch or one part of one bridge should not feel that they changed a lot that they do not like. this is what elections are for and the ability to get a number of people to appeal obama killers is not there. obama care >> catherine: the navy says it will take as long as 8 weeks to repair the damage at the navy yard in washington. where shooter aaron alexis shot and killed 12 people monday.before being killed by police. police said today that alexis never got his gun back after a 2004 arrest in seattle. although he tried. he was taken into custody

for shooting out the tires of a car. it's unclear why he was never charged. and president obama and his wife will meet sunday with families of the victims of the navy yard shooting. they'll attend a memorial service at a marine barracks just a few blocks from where the shooting happened. >>syria has met its first deadline on the chemical weapons agreement. >> catherine: it has submitted an 'initial declaration' of its stockpile. part of the deal put together by the u.s. and russia - to prevent western military strikes. however - some reports suggest that syria might be moving its weapons.and it's not clear whether they might be trying to hide them. >> catherine: meantime.there are reports that rebels in syria are fighting each other. with concerns that militants with ties to al- qaida are involved. >> pam: tonight. kron4 is tracking a storm on the way into the bay area. here is a live look from san francisco. cloudy for much of the day. our chief meteorlogist jacqueline bennett is standing by.

>> jacqueline: this will be the first storm of the season. you can see the cloud coverage here was cloudy conditions along the coast line. by now is about to spread into the inland valleys. this is the first band of rain with a cold front court it will impact the no. date as we head into the late evening hours. this would impact this during the day for tomorrow it look like we will see a little bit of what weather especially for the north bay. but the first wave of rain this spreading south along the golden gate pyrrhic you will see some areas and popping but the

north bay bynum. noon. >> pam: as if it wasn't bad enough that 300 kids invaded a former raiders home while he was away. threw a huge party. and bragged about it on twitter. now some of the kids' parents are threatening to sue brian holloway for outing them. holloway watched in horror in real time as the tweets and photos of the party showed up on social media. >> pam: holloway then posted some of those images and tweets in an effort to identify the out of control partiers. now he says the parents of some of those kids are potentially ruining their kids college careers. >> this is happening all over the world and parents need to step up old school to find out what their

children are doing and said i want to see this i want to see which you are tweeting. we have to get them to the other side! parents have to wake up and realize this is a wake up call escalatiopointup! >>this is a story people are talking about on our website -- kron-4 dot com. you can stay connected with that story and many others.. >> pam: you can also share your thoughts. on our facebook and twitter pages. >>i will stop this ceremony if you don't get out of the way >> pam: his cool. right in the middle of a wedding. then -- why nasa is abandoning a

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>> pam: a live look on this friday. from our camera atop mount tamalpais. rain is on the way.

as we head into the weekend. your full forecast is ahead. >> pam: now for today's market update. the stock market is closing sharply lower today asinvests wa looming budget fight in washington. the dow jones average slid 185 points to close at 15- thousand-451. the nasdaq fell 14 points to close three-thousand-774. amd the s-and-p 500 fell 12 points to close at one- thousand-709 >> pam: even the early fall chill isn't keeping die-hard apple fans from lining up. some even camped out for *days . both the flagship i-phone five-s -- and the cheaper, plastic five-c -- launched today. and the stakes this time around are higher than normal. alison kosik is at the new to index of stories... >> reporter:long lines and simmering tempers don't mix. some fights broke out in pasadena.where people were lined up to buy the new i-

phone. >> reporter:it was bad enough - that three people were eventually arrested. another issue that added to the tension -- someone reportedly hired more than 80 homeless people to stand in line. a man who wanted a lot of phones so he could re-sell them. apple apparently heard about the scheme - and restricted the number of phones he could buy. witnesses say the man then refused to pay the people who had waited in line for him. >> reporter: petitions are hired this time because there are two bonus for sale and they are hitting nine more countries than next taught them last time. market shares are falling. apple had 20 percent of the market share in 2011 is now at 14%. and then there is china with a huge opportunity for apple with 1 billion people but the company now is struggling against rivals with cheaper phones.

>> catherine: our tech guest rejoins us. dylan tweney -- executive editor for venture beat dot- com. speaking of the guy who wanted lots of phones to re- sell.the black market is in high gear.? >> there's so much the man to the spot for this phone. i saw the gold 5-s on e-bay

priced at more than a thousand dollars. >> all if you're one of the lucky ones to get on those phones you could turn a pretty healthy profit right now. >> take is these are not earth shattering new products. lactate original ipad or original iphone. it has a faster processor and i'm not sure why we need that for yet, but i'm sure they will think of something. as the reporter mentioned earlier market share apple is down to 14 percent now and it does not seem like this is going to be the lightning strike that will turn and browit around.

>> pam: thank you so much >> pam: talk about awkward. cameras captured the moment when a priest stopped a wedding to tell the photographer to back off. michaela pereira has the video. >> please, sir leaf. please. anywhere, other than here. >> pam: but it does not leave here. please move. or i will stop. >> you want me to leave? >> i will stop the if you do not get out of the way.

>> the photographer moved and the ceremony continued but talk about an awkward moment. >> it was a damper on the day also all with laughter. >> damn much already done. >>the damage was done already. >> they how about that priest? so it turned out to be this belief on the video. it turned out to be this really funny video

>> this is not about photography this is about god. >> pam: c-n-n reached out to the priest and church for a statement regarding the video, but did not get a response. >> jacqueline: we will see rain and cooler temperatures tomorrow. this is the first band of rain impacting the north bay. and then early tomorrow morning we will seek a second wave of rain. this wave right here in possibly see a more moderate rainfall. so first last about the rain coming in tonight. by midnight we will see spotty showers in the north bay. the heavier rain will mix us to the north.

usc more spotty showers near the golden gate. not very impressive. as you move into the later saturday morning you'll see the second band approach are around 11:00. new st some areas with more moderate rain falls here and that is the thunderstorm activity. that that second wave can or could set off. as we move into the 2:00 hour a lot of showers up north with the rain stopped of the golden gate had a right at this point and then at the 4:00 hour a little bit more activity down south. and then very quickly dried out into tomorrow evening. >> jacqueline: at the close

to that very mixed falling we will follow up and the north bay. for saturday's rain will fall from 11 to 2:00 p.m. creek and about a quarter of an inch of rainfall to attempt everywhere else. things are going to improve drastically into sunday so if you have other plans this weekend event either late saturday after 4:00 p.m. or into sunday with more clear it's great having at&t u-verse high speed internet. walter likes to download fix-it videos... and watch "boardwalk empire." it helps sam with his math... [ beeping ] ...and online gaming. and suze loves her smartphone for "social" studies... like video-chatting with sara. hi, ms. kelly. hi, sara.

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>> pam: now at 6. >> pam: the 49ers' aldon smith usually wreaks havoc on the field. but one move off the field this morning. .has him in trouble with his team *and the police. >>49er star linebacker aldon smith has a pattern of sacking quarterbacks. 37 in just over two seasons in the n-f-l. but many say. he is also showing a pattern of 'off the field' issues. (foreign language) (male announcer): this is the bay area news station, kron 4 news starts now. >> pam: in january of 2012, smith was arrested in miami on suspicion of d-u-i. then, in june of last year, smith was allegedly firing guns with former teammate delanie walker during a party at smith's house in

san jose. the shots injured a man. >> pam: and that victim just last week filed a lawsuit against smith and walker regarding the incident. >> pam: then, we come to this morning, when smith was arrested on suspicion of d- u-i after colliding with a tree in san jose. >> pam: smith was booked and back at practice. now, the question is how the team will handle this incident, as well as the police. kron-4's dan kerman is live in san jose, where the accident happened. and dan -- what have you learned? >> reporter: was just after 71 resident known as a bit truck that crashed was in her yard. >> after that my neighbor started coming by to see him in the car. argali my neighbors will come up. the

rise was still to come. the greatest surprise was still to come. >> was driving under the influence of alcohol he >> reporter: was later released after posting a $5,200 in bail. >> reporter: are back live on debt leverage to drive. bently ridge drive. so we are expecting a lot more people to be driving by accurate reporting live band permanent kron4 at the news.

>> pam: statement late this morning. >> uc young and old guys getting into the same thing in making a mountain tent of mistakes. and then it turns into something big. i i believe that it is everyone. >> it comes a point in time were you have to really say okay this is it. we have to get myself on the right track and shape up and do the right thing. he will learn in eventually. as a young guy he will learn. >> pam: it says -- quote -- "the 49ers organization is aware of the matter involving aldon smith. as we continue to gather information regarding this situation, we will have no further comment."

>> pam: the media today about their teammate. many of them believe -- while smith is immensely talented -- he is making athletes make. >> pam: as of a half-hour ago, the 49ers still plan to have smith on the field for sunday's game at home against the indianapolis colts. the team says it has no >> pam: intention of suspending the linebacker, so any discipline will have to come from the n-f-l. >> pam: more big news in the bay area. apple released the newest i- phones today. among the first to get the 5-s. >> (cheers & applause) >> pam: even apple c-e-o tim cook took part in today's festivities. here he is at the palo alto apple store, celebrating with employees and customers. he even tweeted about it. >> pam: it's his first tweet ever! >> pam: he says -- quote -- visited retail stores in palo alto today. seeing so many happy customers reminds us of why we do what we do. dozens of people camped out >> pam: last night in front of apple stores and hundreds lined up this morning. at eight a=m when the chestnut street store in san francisco opened two

hundred and forty four people were in line. as it quickly turned out those people did the right thing lining up early. the popular models sold out >>outcue - "totally worth it" >> pam: that gentlemen was third in line. the gold i=phone sold out it's becoming clear that stores only had a small handful of the popular gold color. that model is going to be very hard to find going forward. >> pam: and a story we at kron-4 told you about first. bart *is already beginning to train its managers to run trains in case of a strike, which could come as early as three weeks from today -- october 11th. kron-4's charles clifford >> reporter:inside this wearhouse on mare island in vallejo, bart managers have been learning or in some cases relearning the ins and outs of how to operate a bart train. we do have....

>> reporter:if there is another strike, management would have to get the approval of the bart board of directors in order to let the fill in operators actually run the trains. what we're talking about.... >> at the same time as we do in the morning but using all 44 stations but for the we are really talking about is limited services lifeline services really occurred >> i think this is very reckless and extremely dangerous. and take this responsibility seriously and not consider anything like that

>> pam: bart's union said again today that they are strongly opposed to the training plan. >> reporter:meanwhile, bart and i's unions are set to resume contract negotiations on monday. the current 60 day cooling off period expires at 11:59 pm on october 10th. >> reporter:in oakland, charles clifford kron 4 news. >> pam: stay connected with kron-4 for the latest on bart, its negotiations and any possible strike. you can always log on to our website -- kron-4 dot com. or check our facebook and twitter pages. if you're on the go, download the kron-4 mobile app. we have a section dedicated to the latest on bart. you can opt in to get push alerts. we have you covered from all angles here at kron-4. >> reporter:still ahead. the shocking findings by >> jacqueline:

>> jacqueline: for headlines tonight with drizzle near the coast line and spotty showers near the north bay. moderate at times we could see spotty thunderstorms but improving conditions in to sunday. >> pam: still ahead of the shocking findings by investigators after seeing the horrific beating of a defenseless dog. and we'll take you live to the b-r cohn winery in glen ellen for this weekend's big fall music festival! >> catherine: and a city -- already reeling from gang violence is hit again. the latest on a shooting at a chicago park -- next.

>> catherine: in chicago. police are investigating a shooting that left at least a three-year old boy. shots rang out late last night at a park on the city's south side. gang-related - but nothe little boy was shot in the face and has already had plastic surgery.he's expected to recover. chicago police say tougher gun laws are needed. >> illegal guns and drive by violence with military weapons like the one we believe used and this

shooting belongs in a battlefield and not on a street corner or park. >> catherine: the attack happened in a park during a pick-up basketball game. it's the latest incident in a city where there have been homicides in 2012. that's 80 more than in new york, which has three times as many people. >> pam: still to come. a pedestrian is hit by a car on the streets of houston. but you'll be shocked by who's behind it and his punishment. >> pam: only on 4. the violent beating of a dog has authorities horrified. what investigators found when they checked it out - next. >> reporter: al show you in the next edition of people behaving badly tonight at 8!

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>>".just broke my heart." the violent beating of a >> pam: dog.was shared on social media. and the video is graphic. a kron 4 news viewer told us about the disturbing video - and wants the people responsible caught. we should tell you the dog is ok. and now with authorities. kron 4's justine waldman has the story you'll only see on kron 4.. >>with a belt. man beats a 10month old shitzu puppy. until the dog wails in pain. t then comes a quick kick. the person who posted it has since deleted this from instagram. >>when i saw the video i was just appalled..the torture this dog was enduring just broke my heart. so upsetthis kron 4 news viewer does not want us to show her face or use her name. she tells me she is outraged someone could unleash such anger on a puppy. >>it takes a special person to be able to film

something like this and then post it for everyone to see. >>"i was actually afraid the dog may have died during this event." >>2 shot have to make sure it is not a hoax video >> reporter:sgrt jd nelson tells me the alameda county sheriff's office is now investigating the abuse. and after being alerted of the video animal control did a welfare check and confiscated the owners two dogs as a precaution. >> reporter:they are now being cared for at the tri- valley animal shelter in dublin. according to the people who took the dogs today they said appeared to be in good shape very healthy ribbons in their hair and everything didn't outwardly show any signs of neglect. >>on twitter the person who posted the disturbing video. defends the beatingwriting.

>>"she ate my moms 300- dollars sandals yeh she got her beat" >>"the truth is yall don't even know the terrors that dogs does in my house . she deserved it if anything." >>and "some people don't know the difference between animal cruelty and being disciplined." some of the posts have been removed. >> reporter:i want people to be aware of this and we need to take this type of abuse serious." >> reporter:here is a picture of the puppy from the violent video now. her name is lovie. she's fine and authorities will keep until it is clear she will never be treated like this again. >>"i am glad they are safe, makes me hopefully they will finally have a life that they deserve."

it is the person who beat the dog. not the person who took the video. who could face felony animal cruelty charges. if arrested. kron-4 reached out to the person who took the video. and he told us he would rather not comment. >> catherine: take a look at this! houston's police chief is taking disciplinary action against himself after he hit a pedestrian with his city car. >> catherine: it's hard to see how he could have missed the man - wearing a brightly colored shirt. s-u-v turned left - and ran right into the man. sending him flying. the man's arm is reportedly broken. as for what's happening to the chief -- not much. he's accepting a one day suspension without pay. a lot of people who have seen this video are asking why he's getting off so lightly. the only other concession the chief is making - he says he'll take a course in defensive driving. >> jacqueline: approaching the coast line right now it will rain and impacting the norse bay tonight with the second wave of running and packing the rest of the bay

area tomorrow morning and into the afternoon. the looks like a cassell off thunderstorms. so first, less talk tonight, by midnight tonight to a few storms will set off in the north bay. the 3:00 hour it will start to move south. here is the second to about the frame. the rain is still confined largely with a little bit south of the golden gate. it will be spotty but more coverage than one futurecast showing.

the computer model in the afternoons do not agree agree but. some drizzle possibly it may bring it to about 3% of two and third of an inch in most locations. some locations of to a half inch of rain. the pre much everywhere else to talk more often tens of grain. rain. >> pam: a shocker for the 49ers as one of their defensive stars is arrested. the latest on aldon smith is coming up. >> pam: and joseph naso said he *wanted to go to prison.

we'll show you why he's *now fighting to stay out -- next. >> reporter: and nancy in a disturbing video allegedly beating his bob says he wants to set the record straight critic in the story will only see here on it, 4 news at go andlose dioverhe n wayo he ke tee cle and eathresh new nefuhealy sme fo d snks. he'll ve t cruh ofhe healy sme kiles.

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>> pam: convicted serial killer joseph naso is changing his mind and is speaking up about it. a jury handed down a death the 79 year old former photographer after finding him guilty of murdering 4 young women. as kron four's terisa estacio reports, naso argued that he *wanted to go to prison. out. >> reporter: 9 so is fighting for his life. the

jury reasoned hand it down peak death sentence and now it's up to the judge. this is nasal in the most recent court appearance spirit acting as his own attorney. nestle argued that he was innocent and never killed these four women. those and a range of most tied him to the crime. the jury of greek. the jury agreed. >> reporter: nang so employed the judge to give him more time but the judge denied his request. and then he raised his voice stating that he was being pushed out the back door. kron4 news.

>> pam: and the 49ers' aldon smith gets arrested for d-u- i. we'll bring you the latest coming up next. >> jacqueline: brain is on the way and i will tell you we're new to town.ells. welcome to monroe. so you can move more effortlessly... we want to open a new account: checking and savings. well we can help with that. we tend to do a lot of banking online. you play? yeah discover a mobile app that lets you bank more freely... and feel at home more quickly. chase. so you can.

shhhhh! in our day, we didn't have u-verse high speed internet. yeah, our babysitter didn't have a million ways to serve mom up on a silver platter. we had to count sheep to fall asleep. and i always worried that i was creating an overcrowded sheep farm. in my head... never looked like that farmer took proper care of those sheep. too much? a little. [ male announcer ] connect all your wi-fi-enabled devices with u-verse high speed internet. rethink possible.

(male announcer): this is the bay area news station, kron 4 news starts now. wednesday. a sideshow that was interrupted by oakland >> reporter: and a bird apparently not on a window and woke up the driver to turn the debate 49ers' linebacker arrested four d u i on this math. aldon smith

>> reporter: in the service will be limited in the bar border directors would have to sign off on the plant to rid the union is strongly opposed to any managers operating trains in debt of the strike. >> reporter: the most important person is tam cook with the video that we shot of him raising his arms spirit he left without saying a word. he was the so-called on drop start of palo alto. i can tell you, you can never satisfy the apple lovers because some people in line can wait for the new i paul iphone 6. kron 4 news

>> reporter: lines were wrapped round the corner trying to get their hands on the new iphone city. they spent the night out in the cold. >> reporter: you look cold you are shivering a little bit. >> yes this is the first time and learning the hard way. >> reporter: san francisco mike pelton kron 4 news. >> pam: at 8:00 a.m. there were 244 people in line for the new iphone. the five as to take away the date and that left the gold iphone which sold out fast. no more for gold iphone is the bay are sold out! at this

point you have to go online to place your order and went for it to be mailed to you. gate slate kron 4 news. >> pam: police officers. now our stanley roberts shares new information and new videos obtained during his extensive investigation it's this edition of people behaving badly >>there were more than 200 cars attending this one sideshow on bancroft ave in east oakland according to the person who recorded this video, who only goes by his youtube user name sideshows vidz >> reporter: the sideshow abrutly ended when oakland police arrived, and the one vehicle for the illegal stunt attempted to flee the sceen but made matters much worse when the driver hit an opd cruiser in the process which could be considered assault on a police officer

>> reporter:it also turns out the passenger who appears to immediately surrender was a woman you can here participants yell out that >>hey be careful with the woman >> reporter:the driver was not so cooperative so police officers apparently had to break the window to remove him >> reporter:now i tried to get more information from the oakland police department but never heard from them by the time this aired but after looking deeper into this event not only did the police take on bottles, >> reporter:sources say they heard what sounded like gunshots and m 100's which are very loud fireworks going off even as more cops arrived sideshows happen just about every weekend in oakland and some end in violence, multiple gun shots sounds many of the participents argue that they are peaceful events until the police arrive but i argue how are

they peaceful if the residents are being held hostage in their own neighborhood with the sounds of tires squealing, at all hours of the night >> reporter:in oakland stanley roberts >> jacqueline: the first band of rain coming into california making its way into the north the bay pyrrhic tonight by this evening brown 10 or 11:00 another band of rain. here is a look at futurecast with increasing showers into the north bay at midnight our spirit through the overnight hours the first round of grain but the second will have more activity. we are

oakland to see the north bay favoring to smile at the 2:00 hour. does not mean that we will not see any south of the golden gate bridge. we will seek a drizzle and at least more than what futurecast is showing at the 4:00 hour things will improve dramatically. the north to make could see inch of rain in some locations. that system moves through tomorrow will be i hereby 4:00. cold temperature sunday morning and saw will rebound nicely. >> pam: the raiders play the broncos on monday night. means for terrelle pryor in his first game under the lights. >>and we'll take you out live to the b-r cohn winery in glen ellen for its fall

music festival. the event's founder talks to us next.

music >> pam: that's the doobie brothers performing "let the music play" at last year's b.r. cohn music festival last year. and they'll be there for on sunday for this year's event! >> pam: the festival starts tonight with a charity dinner. then all the music begins saturday at the b.r. cohn

winery in glen ellen. kron-4's mark danon is live at the winery. and mark -- a great lineup for concertgoers! >> reporter: how much money at the race for charity? >> i believe we are at 6.2 million. >> education funds kids, kids with cancer comment and kids with aids. >> talent brings more money and we have great talent this year. great talent >> reporter: the doobies are back for their 14th and 15th or 15th time.

>> public approves is back and they are always a great set out time outside summertime band. so we are really excited to be here. please come out! >> reporter: can i keep waiting for you to come out here1! >> pam: (laughter) >> pam: more on the latest out still incidents involving aldon smith and gary has this and

(male announcer): it's now time for gary radnich from the jack in the box sports desk. >> gary: the evening everyone goodevening everyone! >> gary: as we continue to gather information we will not have any further comment this to jim harbaugh >> i felt like he needs to go to work and basis

teammates there will be consequences and the there always is good or bad consequences. i expected to be back to work in point. playing on sunday. >> gary: everyone makes mistakes people should not be worried about him playing on sunday he needs to step away he needs help and someone needs to need the assistance and man and try to save his life everyone makes mistakes but to make the same mistakes over and over and yet we hear is that he should be back claim on sunday? >> gary: taking on the great

patent manning. pay 10ton >> he's got to make big plays and i can't just go in there and not play. i take my time and be a lot better than try to match the back and forth. >> gary: moving a step closer just a moment ago the yankees and giants on one- one. every now and then alex rodriguez hit a grand slam. six and two-thirds 5 with 51 yankees. pulling away from team new zealand new

zealand with eight wins to 3 in remain one went away from taking home the championship. >> gary: he shot 400 to that at tan under over all would tiger woods not so hot. including his triple bogey on 17 yds. tiger struggling with 14 shots back and tied for 26 he will not be a factor. he keeps giving, and giving and giving. i speak of pam more accurate >> gary: she was at the forefront at levi stadium yesterday. a fund raiser and honor of a great pg&e. taken

from pam moore cell phone. anyway, former 49ers great were there along with pam. >> at levi stadium and is not often i get by i get it the chance to stand by for and some players. by 4 hansome players (laughter) >> gary: least pam along! alone!

>> gary: struck your mutt treasure island for homeless balks. >> gary: i am going to go home and see how much he cared i am losing and where i met in my career. (laughter) >> jacqueline: (laughter) >> jacqueline: bat was hilarious (laughter) that >> gary: you used to be able to fit it how many cameraman going out with pam but now its pam with take my phone.

unbelievable.

shhhhh!

in our day, we didn't have u-verse high speed internet. yeah, our babysitter didn't have a million ways to serve mom up on a silver platter. we had to count sheep to fall asleep. and i always worried that i was creating an overcrowded sheep farm. in my head... never looked like that farmer took proper care of those sheep. too much? a little. [ male announcer ] connect all your wi-fi-enabled devices with u-verse high speed internet. rethink possible. nice car. sure is. make a deal with me, kid, and you can have the car and everything that goes along with it. [ thunder crashes, tires squeal ] ♪ ♪ so, what do you say? thanks... but i think i got this. ♪ [ male announcer ] the all-new cla. starting at $29,900.

(male announcer): it's now time for gary radnich from the jack in the box sports desk. >> gary: ok young lady let's do this thank! thing! >> gary: you never criticize fans for not showing up and that is what he did earlier this week. it's like saying you are not watching kron all my gosh you people are terrible you never do that! you can say a lot of things but if you keep saying you want to go to san jose but it doesn't work that way! >> gary: reddick you are

absolutely right card you have to be 100 percent honest if you do not know a lot about the sport hurt if you like sailing than it you like sailing if you do not know a lot about it you go for the last laugh. >> gary: everyone wants to say did this happen or did that happen? >> at all why argue fought a are you playing the some bites of hardball if you find them so dole?harbaugh? >> gary: i pretend that it is boring me sometimes it does for me but that doesn't mean i have to like the other guy. >> can i borrow your car so

i can help get a date to early in the year. >> gary: if you put in the gas you can drive. goodnight.

thanks, olivia. thank you. so you can make a payment from your cell to almost anyone's phone or email. (speaking french) so you can express your gratitude... in the moment. chase quickpay. so you can.

"omg! insider," the top trending stories you need to know. >> she's had all of this thought out in advance. >> billy ray on daughter miley's vma plot before she hits vegas. >> we're getting ready for the miley cyrus invasion. >> as liam's new woman gets confronted about their relationship. what is he saying now? zac efron is back in public. >> a very pregnant star on the move. plus is simon cowell already fight with his baby mama as we go inside tv's paternity court. >> the buck stops at the dna. then thebackstreet boy and nick carter. >> i started drinking when i was 7, 8 years old. >> arrests, rehab and past drug abuse. >> it was just a part of my family. >> before sunday's emmys, we're behind the scenes of "how i met

your mother." now where yahoo! and broadcast meet for 24/7 access to celebrity news, "omg! insider." billy ray cyrus weighs in on miley. hello, everyone. i'm kevin frazier. >> miley is heading to vegas to perform "wrecking ball" for the first time at the i heart radio festival this weekend. katy perry, j.t., chris brown. they'll all be there but all eyes, all of them on miley. >> miley is smart enough to know that to come out of the shadows of hannah montana, it really takes something extremely drastic, which, when you go to that level, it creates passion. and passion is either love or hate. there's no middle of the road for passion. >> billy ray defending his daughter. >> she knows the chart. she set a path. she knew what she wanted to do. in today's world, the shock factor is tremendously high. >> miley's