mercedes rammed into the back of a chevy venture. the van was carrying a murder, daughter and son. the collision sounded like an explosion and sent the van airborne. >> had to be going at least 70. two officers spotted the driver moments earlier. before they could start the pursuit it was too late. from the extreme southern most lane, crossed all the lanes. navigated a bus in the center lane and struck the minivan. >> the impact all but obliterated the family van killing the boy and critically injured the mother and daughter. the driver walked away unscathed. >> she looked distraught.

the driver was taken to the er for observation but released into police custody. she's been questioned most of the afternoon. the police have 48 hours to charge her. they need to determine if the there was criminal intent. mechanical failure or horrible accident. the 15-year-old boy has been identified a couple came by to bring flowers just now. people have been leaving condolences on ktvu.com. the family of mia mcdonald said she died last night. she's been in intensive care

since monday. she was hit as she ran into the street chasing a ball. the driver has been cooperative and there's no evidence that speed or alcohol was involved. no charges have been filed. this afternoon we learned a third person has died after a fire on 18th avenue in san francisco. the victims are a 33-year-old father, 2 1/2-year-old daughter and grandfather. the reason it took so long to get into the house. >> this morning howard simon lay flowers on step of his neighbor's homes. >> very thick smokeout of the wind torque chimney, we knew it was bad. firefighters got on scene and knew this was a life-and-death situation. the mom indicated that there were people inside. and i believe particularly saying their baby was inside.

firefighters say the garage fire was not that big but the entryway had a metal security door with go locks and they had to use a saw to get through it. a mother, father, grandfather and child lived inside. the grandmothers caped out the back. the father was asleep in the garage and died on the scene. the daughter and grabbed father were on the third floor. >> do you think she woke up. >> probably. the fire was accidental. it is an accident that's devastated a family. i know them by sight and seen the baby. i feel terrible. the chief says so does the firefighters who hurt for

everyone they can't save. to developing news be live pictures out of yolo county where a hay fire is burning. the fire is burning at the hay exporting company hay kingdom in winters. it's 70-miles from san francisco. the fire began last night. a representative says 10,000- tons of hay has burned. three hay barns have been consumed. firefighters are concerned about high winds and the fire could burn for days. >> it's a massive amount of fire. you think what you burn in your fireplace and multiply it by nines of thousands. it's a hot fire, smoky fire and difficult to extinguish.

>> firefighters from five cities are on the fire line. two streets in redwood ci just reopened following a propane explosion. a couple small propane tanks exploded onel real. investigators say the initial explosion damaged a 1000-gallon propane tank. residents were told to shelter in place. the road just reopened in the area. the budget battle is getting hot. the nation three days away from a possible shut down of the federal government. mike, a big vote but a bigger vote to come. the ball is in the court of the house of representative. at the center of the budget battle the president's health care law. 54-44.

>> today in the u.s. senate a party line vote. >> democrats and republicans acted responsibly by voting to keep our government open. >> ripped out of the bill language that would have defunded the affordable care act. >> a weekend showdown awaits. the republican control house can september the -- accept the legislation to run the gum. it's impossible when they can't negotiate with themselves. >> republicans are one half of 1/3 of government. >> if the government shuts down monday midnight it would be for the first time in two decades. hundreds of thousands would be if you are load and government

offices closed. >> they are so concerned with appeasing the tea party they have threatened a shut down or worse unless i gut or appeal the affordable care act. i said this yesterday, that's not going to happen. >> president obama says health care exchanges will open october 1 even if a government shut down occurs. san jose lawsuit against major league baseball over the a's attempt to move there from oakland was the subject of topic. >> our country is about competition. what major league baseball has said we're above competition. we don't have to follow the law, we'll see what a judge says. >> joe kochet explained his side to the gathering today. lawyers will be in court a week

from today. he says he's prepared to go all the way to the u.s. supreme court if necessary. new and differing versions what happened when a dodgers fan was killed near at&t park wednesday. the man was hit with a chair and retaliated. we have a facebook photo of the suspect, michael montgomery of lodi. it started with trash talking between a group of giant fans and a group of dodgers fan. a father said michael got jumped. denver and friends were swinging chairs and he stabbed denver. denver mouthed off with the san francisco hat. it was not michael's hat. how could a self-defense claim impact it. >> it would factor greatly. if there's self-defense the case would not be charged.

i'm not saying one way or another. we have not seen the evidence. we will not charge a case unless we believe there's a crime involved. >> the dodgers fan was jonathan denver from fort bragg. they are come down to watch the game with his father. the denver family disputes the claim their relatives were the aggressors. they said we know our family, our son and grandson jonathan have calm, levelheaded personalities are not the time to initiate an altercation. >> none of them were fighters. i wish i could tell you why this happened. i have no clue why anyone would do this. the victim's father works as a security guard at dodgers stadium in los angeles. the suspected attacker is held

without bail and was not available for interviews earlier today. we have more details and more on the statement from the grandparents of the victim jonathan denver. thanks the family of another member of fan violence. our family appreciates all the kind expressions of sympathy especially from the stowe family. fans heading to at&t park can expect to see more security. stepped up security began last night. extra fran playoffs are patrolling. some wearing dodgers gear. the department says last night officers in dodgers gear ran into a combative gear after the game. they were arrested for being drunk in public and resisting arrest. he went out hunting.

new information about the suspect in the shooting death of a 20-year-old getting off a bus. an alleged moment of hesitation before the killing. unusual sight, the point this water cyclist is trying to make and he hopes others follow suit. a chase ends with a man losing his life and another being taken to the hospital. the weekend is here. it's going to get warmer. in the forecast there's showers. i'll of it after the break.

. the coast guard rescued a sick passenger off a cruise

liner 40 miles west of the golden gate. the crew hoovered overhead while rescue took the man to safety. the passenger was showing signs of kidney failure. he's in stable condition. a deadly crash outside of clayton. it came to the end with a car wrapped around the tree. this was in contra kosta county. to change that happened late this afternoon. >> for seven hours this roadway was closed down. they opened it an hour and a half ago. there were three people in the stolen lexus and the driver did die. the car was folded around the tree. around 7:00 they got a call

suspicious vehicle. when the deputies ran the plate it was reported stolen. deputies tried to pull the vehicle over in brent wood but the driver took off. leading the deputies on a hugh speed pursuit and landed here. that's where the driver lost control of the car. the three occupants were trapped in the vehicle and had to be extricated. two of the occupants were taken to john muir medical center. two men were in critical condition. the driver pronounced dead on the scene they are contacting the family. he appears to have been in his early 20s. the investigation is in the hand of chp, contra costa

sheriff department. at 7:00 you will hear from a witness who heard and felt the crash from inside his home. paul chambers. we're learning that a santa clara high school teacher under arrested mitted he did -- admitted a sexual relationship with a student. 32-year-old guzman was arrested after a janitor spotted him and a girl watching a movie. the janitor spotted blankets, and pillows under the teacher's desk. guzman was arraigned on four felony charges. police are stepping up patrols after attempted kidnapping on campus. the student was walking on the north side of campus when the

man grabbed her. she was able to fight him off. the suspect ran away. clean shaven, white, in his 20s. he may have a facial injury. police are warning people attending the beyond wonderland event. there's drugs at these type of events and party goers need to be careful. if you have a medical emergency call 911, contact mountain view police. attendees can find uniformed police officer or event staff for help. what a spectacular day, coming in down 24, the views spectacular. the only hindrance was the smoke, the fires around fairfield and the hay fire near winters the wind was blowing the smoke into the area. that will get better as the

wind shift changes around. the wind will shift, the winds have been north, northeast and they'll come north, northwest. the regular flag warning has dropped. it was barely a red flag warning, it was never really fresh rouse. the winds we're looking at southwest winds, 17 miles an hour at the airport. the wind always blowing the right way. as we go to the bay area weekend, you are looking at warm up tomorrow, saturday, a bit of a cool down on sunday and increasing clouds in the forecast. a light sprinkle or wet weather monday. overnight lows hiy. -- chilly. you will find mid-40's.

getting chilly in the inland bay valleys. the microclimate, lots of 70s, not just around the bay or inland, from around the coast, you will see temperature in 70s. low 80s. most will be 70s. upper 70s and low 80s. warmest day tomorrow. high pressure back where it belongs where it has been the last couple days. you go to san jose, tomorrow 79 degrees for a daytime high. we'll peek at san francisco, san francisco downtown tomorrow in the 70s as well. 74 degrees for your bay area saturday. cooler on sunday. warmer saturday, cooler sunday. on monday we're looking for things to change. clouds come in. a chance for a sprinkle as we get into the afternoon hours and a little bit in the evening

hours as well. spring would be nice but this will be a minor event you care about those two days and looking good. saturday the warmer day. we'll see you back with the complete forecast and detailed forecast coming up. san francisco firefighters have been on the scene of a large compost fire near candlestick park. on carroll avenue in the bay view district. the natural gases and heat from the compost pile ignited the fire. old construction material is fueling the flames. crews will be on the scene as long as the fire appears to be smolders. some startling numbers about how many seniors are not prepared for college. and playoff fever continues in oakland. we'll take you out to where

hundreds of fans were hoping to get tickets. combating the inconveniencial attitude of millenial. young people care about health care. the campaign on affordable care act and the system may depend on it. >> two weeks until the bart strike deadline. these and more coming up at 6:00.

more oakland a's playoff tickets went on sale. hundreds waited for single game tickets for the second round of the playoffs. folks at the coliseum were excited-tasticets for the potential championship home games wept on sale. fans are confident the a's will go all the way to the world series. >> i'm very excited going to the a's game. we're going to be pumped and going crazy. it will happen. >> how far do you think they will go? >> world series, all the way. the a's clinched the west but they don't know who they will face in the best-of-5 division series. at last check there were some seats left in the 3rd deck. the case involving a

patriots star charged with murder now vols his girlfriend. jenkins chas been charged with one count of perjury. hernandez has pleaded not guilty. lloyd has been dating jenkin's sister. a jury completed the first day of deliberations against michael jackson concert promoter. aeg live is asked to be found they neglectly hired dr. murray. a breakdown of s.a.t. scores suggests fewer than half of the nation's high school graduates are prepared for college. the college board administers

the exam. only 43% of seniors earned a score that indicates they will succeed in the first year of college. we found the figures were similar among california students. the national education association said school districts need to implement higher standard. they need to prepare kids for what they need to do after they graduate from college. in california the combined average s.a.t. score is 1505. a perfect score is 2400. prosecutes in san francisco make their case against a suspect in a deadly shooting. >> new details in the shooting death of a san francisco shooting. a pedestrian is hit and killed, police are trying to track down the driver responsible. why it's proving to be a challenge. >> residents without natural

gas for nine days. why it took so long to get the service restored. 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.

. two alarming incidents

minutes before a deadly shooting. this man acted out before firing a fatal shot. the suspect in to shoots death of a san francisco state student made his first court appearance today. >> we go to the david stephenson with a timeline of what proceeded that deadly shooting. >> prosecutors say the suspect "went out hunting" we learned new details about his alleged behavior before to shooting. >> the parents. cousin of decasson came searching for answers. >> this individual went out hunting that night and was in the wrong place at the wrong time. >> he's seen on a train brandishing a handgun before shooting and killing justin valdez. i don't believe it. i don't know.

i didn't see him. he goes to school. he is charged with felony murder and possession of this rifle that's illegal in california. the police department is working with the fbi. atf and hope to have the information next week. he's charged with assault with a firearm. he held the gun to another man's head before killing valdez. >> it seem like in the first instance he didn't get the court to pull the trigger, in the 2nd instance he did. >> investigators say he brandished the gun outside a restaurant prompting people to call police. he's held without bail in the hospital jail ward. prosecutor decline to comment on his mental state. reporting live.

david stephenson. a few hours ago police reopened streets in atherton. residents play why it's going to be a challenge to track down the driver. >> from chopper 2 you can see the large police response in etherton. the body of a man was found on the side of the road. >> we found a shoe on middle field road we believe is associated with the deceased person. finding the body on glenwood he may have been hit and dragged. >> the victim was from san mateo county, but not from atherton, officers are going door to dough -- door. i didn't hear anything until

the siren. there was one siren in there's not much debris left at the scene. investigators are gathering what they can but it's thin. we have limited information. what we're looking for is identification of a suspect, identification of a suspect vehicle. >> police had to close a portion of the road to conduct the investigation. the scene is close to an elementary and high school. it was a slight inconvience to residents. >> you can walk in. >> in this neighborhood the residents hope the person responsible is caught. frustrated residents at a san jose mobile home park have their gas service. it has been out for a week. it was shutout after five leaks were found earlier this month.

pg&e dismantled gas to make repairs. >> i just really hoped they would try to do their best to get everybody, get the gas up and running sooner. >> pg&e says it took days to turn the gas on because the mobile home park owns the equipment and were responsible. the property's management is blaming pg&e and filed a complaints. >> the swimming pool at berkeley high school could reopen by monday. health inspectors shut it down because of elevated chemical levels. students have complained. the school blamed malfunctioning equipment. santa clara county leaders

broke ground on a new bus lane, it is bus only for -- the route will feature new buses with aboard ticket machines. efforts for a soccer stadium marked a major milestone. a concrete pouring ceremony to lay the foundation. the team's general manager called it's a monumental day. >> if we have a good foundation that we're going to have a wonderful stadium and looking forward to it. from the stand point of being a local guy, it's a big day. i can't wipe the smile off my face. >> 10 season ticket holders were invited to participate. the next phase is the steel

framing. the facility is scheduled to be open in time for the 2015 season. dozens of new officers in the south bay. some say it's not enough. the staffing problems overshadowing graduation day for the shows police. a crazy new exhibit in the zoo. a doctor says it's true.

. >> ed is a group of demonstrators rallied in san francisco where a hearing involving surveillance was being held. electronic frontier foundation is accusing the federal government of allowing illegal surveillance of millions of americans. demonstrators says the case will determine if the surveillance of americans is constitutional. the united nations security council voted to secure and destroy syria's weapons stockpile, it is aimed to take poison gas off the battlefield. immediately after to vote the u.n. secretary general said it was the first hopeful news in syria for a long time.

the obama administration threatened to strike in syria. michelle obama is coming to the bay area on a fund-raising trip. the first lady plans to attend a women's bronco october 14th with -- brunch on october 14th. some iphone users are claiming apples operating system is making them sick. the animations are causing headaches and nausea. a discussion has been viewed more than 15,000 times. a doctor said the sickness is caused by the function that causes the background the move which can have somebody people feel car sick.

stocks dropping lower. dozens of new police officer ready to hit the streets of san jose. >> the san jose police department added new officers. we'll show you the academy graduation and getting pinned does not mean a long relationship. screening up the community with a giant squeeze. the efficient that aims to create a culture of clean. your weekend is here, we'll talk about the warmup and the chance of showers in the 5-day forecast.

. after six months of training dozens of new police officer are about to hit the street. some say all the new officers don't solve the staffing problem at the san jose police department. why the joyous mood today could soon change. >> it has been a rare happy day because instead of talking about officers leaving they are adding cops. but for how long? music, new officers and their families filled the ballroom for the police academy graduation. 40 recruits and -- made it through section months of

training. the graduates will be a big boost to the san jose who has seen the force drop 400 officers. >> i'm excited to join the department, it's a great department to work for. i've heard good things. the people that have trained us have been professional. >> where are they going to help the most? >> patrol. providing core service to the citizen. >> the mood was mostly positive as families share the accomplishment. including pinning the badges on the loved ones. because of the pension and benefits that will change after recruits go through the training phrase -- phase. >> the mayor and the council member as tended the ceremony and there's disaagreement. >> there's not been enough

urgent action in a meaningful way to keep our police officer in san jose. >> there's many people who want to work in san jose. >> do you feel san jose is doing enough. >> for the amount of money it has. >> the new officers will field train for four months and find out how many hit the streets here or someone else. >> a san francisco neighborhood will get a much-needed clean up. the mayor rallied volunteers for the final giant sweep. it's a city wide antilitter campaign and the volunteers will be weeding, picking up trash, planting and painting over graffiti. giant sweep brings together school kids, residents, businesses and community groups to create a culture of clean.

as of today, 20,000 youth in our city have signed the pledge to keep our neighborhoods beautiful and clean. how about that. 20,000. the program is not just to pick up trash but to prevent people from littering. we have ups and downs with the weather. if you like warm weather you will like it. rain last weekend, we're going to a weekend this weekend very different than last. it was nice today. warmer. 79 in antioch, highs tomorrow, warmer than these. maybe about the same. nice day. you will see lots of upper 70s and low 80s. the red flag warning has gone away. rosemary will be in here tomorrow and we'll keep an eye

on it. temperature will warm. tomorrow will be warmer than today. tonight will be mild. it gets cool in the overnight hours. tomorrow will be warm, the extended forecast calls for increasing clouds and chance for warm weather. looks like a change in weather patterns. if it rains it will be a light rain. here's the computer model. here's saturday, here's sunday. clouds, that's why sunday is cooler. monday, you see this work its way down. monday morning, monday afternoon showers could move into the bay area. sunday cooler because of the clouds. oakland downtown, 76 degrees for daytime high. on saturday, on sunday upper 60s. as it turns out saturday the

warmer day in the weekend. fog free along the coast. nice, and it will stay that way. the 5-day forecast, slightly cooler sunday, the chance of showers comes into play on monday, that's what we're watching the monday change. it would be nice if we got a lot of rain. now it would be north of santa rosa. that's monday. you're not thinking monday, you're thinking saturday and sunday. the five-day forcast, we'll see you back here at 6:00 with update and again at 10:00. get your skis out. borial mountain resort hopes to open later next month. we spoke to a spokesperson who said the snow machines were up and running at 4:00 this

morning. fit opens just a few runs will be open. one man on two wheels gets from the east bay to san francisco without a bridge. it will get you in shape. >> volar in able. we tear our acl on a pickup game of basketball. we need insurance too. >> taking down toward another strike. details of the discusses between bart and the employees.

. union workers held a protest in oakland. the union says the university has declared an impasse and walked away from contract talks and plans to impose cuts. the union relates 13,000 uc workers statewide. the main sticking points are pay, benefits and staffing levels. two bay area companies are sending a thousand bikes to company. mike's weeks -- bikes and pods

are working in deliberation to collect new -- collaboration for new and used bikes. the bikes will be shipped to sister stores in africa. train people to work on bikes. they hire local entrepreneur that live in the area to run the sister shops themselves. >> the bike donations are tax deductible. an unusual scene to bridge. the bridge will take two years before it's completed. even then bikers won't be able to pedal from the midline island to san francisco. but a man has created his own

biking. shiller is on a mission. >> a great new bay bridge, and it has a bike lane that goes know where. he set out to prove that bay crossing of bike is possible. this is a start of water biking. this is a road bike with a frame, large pontoons. >> a special attachment concerts pedal -- converted pedal on the pond tonight. >> his voyage taught him a few things about enhancing this. there's improvements that could add to the stability. mother nature is often a factor. >> there's weather conditions no matter where you bike. on the water there's currents and wind i'd. >> this whole thing weighs 30

to 40 points. >> we're talking about a virtual bike lane on the bay. i hope someone will join me. >> people will accept there's bikers on the water. people powered vessels don't require state licenses but you have to know the rules of the road. cargo ships have the right of way. the zoo showed off a new exhibit. it's focused on big bugs. outside the box and gives visitors a chance to see details about insects. they'll have a chance to see real life bugs up close. you can pet her if you want. very nice. soft. the exhibit will be at the zoo through january 12th.

now at 6:00 a baseball rivalry that got out of hand and turned violent. family members pointing fingers about who crossed the line first. a family member piled into a minivan. classmates new the boy that died. young healthy adults are the key to health care reform in california. why the strength of the covered california plan depends on that. . this is the young giants fan adduced of -- accused of stabbing a dodgers fan to sleep. now his father is saying his son is not to blame. that deadly fight has raised questions about security for the long time baseball rivalries that turned deadly.

family members are coming to the defense of the victim and the suspect in this case. >> this all started with trash talking a group of dodgers fans got into it with giant fans. but tonight the father of the man in custody, he is saying his son was trying to protect himself. we want to show you a photo. 21-year-old michael montgomery is in custody in connection with the case out of load a. the father of the suspected killer said his son was hit by a chair and responded by pulling a knife. the father of the accused attacker said michael got jumped. denver and his friends started swinging chairs and he stabbed denver. denver mouthed off with the san