as the cell phone video shows winn walked closer. a police supervisor was nearby. >> i said hey you're using excessive force, that's really unnecessary. and he tried to like slam me down to the police car. like i've seen a bunch of other cops joining up like trying to take me down to the ground. the whole time i was telling him i'm not resisting arrest. like i'm willing to comply. anything you request me to do. you know? >> reporter: officers cuffed winn and took him to a waiting police car. he says he asked one of them. >> why am i being arrested? what am i being charged with? and he told me like yeah i have no rights. >> reporter: he was booked on charges of resisting arrest and assault on a police officer. >> were you assaulting a police officer? >> no. i didn't lay a finger on him. >> the video speaks for itself. >> reporter: winn's attorney kate chatzky. >> he came out and saw a woman being hurt and he you know, acted as best he could in a non-violent way to just address this. >> reporter: prosecutors told abc 7 news they decide

chris winn explains why time is of the essence. fight los altos amy is cautiously optimistic after getting a visit from santa clare county agriculture fivrnlts i'm really glad to hear that the there's some the something being done. it's important. >> the oriental fruit fly found in her neighborhood. it's about the size of a regular house fly and doesn't belong here. >> this fraught fly is such a problem because the female can sting a perfectly good peace of fruit and go right through the ryan like a banana and lay her egg inside the fruit. >>reporter: this insect known to attack more than 230 kind of fruits and vegetables. >> very colorful. pretty fly. it's amazing how much damage this nasty looking play can cause nishtion fact california l condition stantly monitor various fruit fly for this reason. neighbors say the concern is real. >> a very old organic the lemon tree in the back that probably has 200 lemon on it rate now. >>reporter: experts believe someone either brought over infested fruit from over sea ors fruit shipment cam

ears chris winn. is. >> today in superior court wearing a green shirt and khaki pants issued to minor 15-year-old adrian jerry gonzalez waved his right to speedy trial >> we are in a position to go forward at a moment notice on this case and we are confident tom that the jurors of santa cudz being able to fairly hear this. >>reporter: he has been charged with murdering his neighbor madie middleton. special alleges include rape kidnapping and committing lewd acts with a child younger than the age of 14. he will be tried as an adult. >> our job is to review the evidence. conduct our own investigation and make sure that the minor the like every citizen accused receives a fair trial. >>reporter: outside the courthouse former friend of gonzalez reacts. >> not much empathy for him but i the can feel empathy for the person i gnaw. >>reporter: katie carol says he threatened to commit suicide few years ago but never took the threat seriously. >> would i never think he woul this. like he never seemed the type o

chris winn is in the nation capitol with more. >> today on capitol hill a bay area father opened up about the death of his daughter. >> u.s. has suffered self inflicted wound in the murder of our daughter by the hand of a person that should have never been on the streets of this country. >>reporter: testifying before the senate judiciary committee jim steinly supported by his wife, son and daughter in-law pushed for immigration reform. >> we feel kate law saves one daughter t-one son t-a mother a father, the kate's death won't be in vain. >>reporter: hope for up documented illegal immigrant felon to either be deported or detained for repeat offense. early this month kate was shot and killed at pier 14 in san francisco while out for a walk with her father. accused gunman sanchez had been convicted of 7 felony and deporteded back to mexico to can i have times exploratorium sanctuary policy helped protect him being deported once more. >> so the system clearly didn't work with him. immigration system didn't work to protect against him. and we have got to figure out how and why and deal witnes

meet officer winn, a 16 year department. >> when i was 10 years old, my family in vietnam paid a sum of money to fishermen to smuggle me out. when i escaped i ended up in a refugee camp in the philippines. when i was 21 years old, 10 years after living in this country, i was given a job as a oakland. >> the officer is emblematic of what most say is needed to create a police force. cops that accurately reflect the community they police. >> it's important for the community in oakland to have vietnamese officers. >> 17% of the population is asian. the police force and 12% asian. that's up from a department that is 9% asian in 2000. >> we know based on the tenants of policing that it's important for police departments to represent the ethnic make-ups of their communities. as they create criticism for failing to diversify ranks, many department are looking to hire more immigrants. california, for example, allows municipalities to hire police officers who are noncitizens with green cards. >> no one is precluded from applying, we encourage people with immigrant status to apply. it gives us

the in pleasanton, chris winn abc 7 news. >> about the terrible crime has shocked people who live and work along the popular busy stretch of the embarcadero. >> keep walking here t.but it does shake you up. >> this neighborhood is really probably one of the safest spots in san francisco so we can't really make head or tail of it. it's a random act and it's super unfortunate. >> what happened is rare. police don't remember any violent crimes along this part of the embarcadero in the past few years. sf pd plans extra patrol along the waterfront over the holiday weekend. now you depend on us for continuing coverage of the pier shooting on air and on line. our reporting continues now on twitter at abc 7 news bay area. >> in antioch firefighters are mopping up after grass fire off highway 4. started just before 8 tonight on sunset drive and the cave road. fire started in a back yard and burned heavy brush around the railroad track burning boat, car and pile of debris. investigators say it may have started in a homeless encampment. >> move to the weather. fourth of july holiday weekend is u

the in pleasanton, chris winn abc 7 news. >> about the terrible crime has shocked people who live andpopular busy stretch of the embarcadero. >> keep walking here t.but it does shake you up. >> this neighborhood is really probably one of the safest spots in san francisco so we can't really make head or tail of it. it's a random act and it's super unfortunate. >> what happened is rare. police don't remember any violent crimes along this part of the embarcadero in the past few years. sf pd plans extra patrol along the waterfront over the holiday weekend. now you depend on us for continuing coverage of the pier shooting on air and on line. our reporting continues now on twitter at abc 7 news bay area. >> in antioch firefighters are mopping up after grass fire off highway 4. started just before 8 tonight on sunset drive and the cave road. fire started in a back yard and burned heavy brush around the railroad track burning boat, car and pile of debris. investigators say it may have started in a homeless encampment. >> move to the weather. fourth of july holiday weekend is upon us but will

brandon winn's attorney told us the family was horrified at the excessive violence.e may not know is if an officer lawfully pulls you over for traffic violation. police can order you out of your car. the supreme court ruled in a case pennsylvania vs. mims officers can order a driver to exit the car when there are safety concerns. no arguments no refusals. you must do what the officer says. florida, this woman is pulled over for a traffic violation. but refuses to put her window all the way down. >> why do you need the window all the way down? >> for my safety. i am going to be putting it. >> reporter: victoria king doesn't give in. instead she starts record with her cell phone which is her legal right. >> ma'am if you do not roll down the window all the way. i am recording it also on this camera. i need you to roll down the window all the way. open the window. if you don't open the window i am going to break the window. ma'am. >> if you have the time you are going to say, listen the reason i don't want to put my arms in there is because you could drive off real quick

the in pleasanton, chris winn abc 7 news. >> about the terrible crime has shocked people who live and work along the popular busy stretch of the embarcadero. >> keep walking here t.but it does shake you up. >> this neighborhood is really probably one of the safest spots in san francisco so we can't really make head or tail of it. it's a random act and it's super unfortunate. >> what happened is rare. police don't remember any violent crimes along this part of the embarcadero in the past few years. sf pd plans extra patrol along the waterfront over the holiday weekend. now you depend on us for continuing coverage of the pier shooting on air and on line. our reporting continues now on twitter at abc 7 news bay area. >> in antioch firefighters are mopping up after grass fire off highway 4. started just before 8 tonight on sunset drive and the cave road. fire started in a back yard and burned heavy brush around the railroad track burning boat, car and pile of debris. investigators say it may have started in a homeless encampment. >> move to the weather. fourth of july holiday weekend is u

in the south bay, chris winn abc 7 news. >>> coming up next on 7 news at 9:00.veiled ludicrous mode for the model s electric car. >> accelera notice how this breakfast burrito starts with the basic tortilla, but then inside... it's stuffed with tender, juicy, sliced steak. whoa whoa...slow down...what? i said steak. in a breakfast burrito? i can't keep up. this is advanced burrito, right? this is intro to burrito. boom. jack's new steak & egg breakfast burrito's got tender juicy steak, scrambled eggs, and creamy sriracha sauce, all wrapped in a warm tortilla. lookin' for a basic burrito? this ain't it. ...a rabbit... ...a rabbit genetically modified and bred with a panther... ...with turbines attached... ...on ice... ...shaved... ...with a...what the?! with the fastest speeds to the most homes, the company that keeps making fast faster is doing it again. introducing multi-gig speeds from xfinity. the future of awesome. record day for fweeling. stock soared 15 percent going up over the 700 dollar mark at one point. largest one day rally in the mountain view compa

experts at hop-in car thefts them would steal a purse, cell phone, computer or even the whole car winn unsuspecting drivers weren't paying attention. >> keep in mind, could you have three or four incidents that occur in one day and nothing for a week. >> reporter: this car theft ring of more than a dozen people operated mostly in prince george's county since 2009. >> essentially running their own little crime school, where they would discuss with each other what they were doing what worked and what didn't, talk about the schemes in mind. >> reporter: this morning, fbi agents stormed the homes of 12 people believed to be members of simple city criminal organization. most members lived in southeast d.c. but are believed responsible for the majority of car thefts and many i.d. thefts in prince george's county for the past six years. they also operated in montgomery county and d.c. >> members who would go out and steal the cars, the purses and wallet, smartphones and tablet computers. other members to whom they would sell or transfer the stolen access device credit cards and atm cards. >>

>>reporter: in san jose chris winn abc 7 news. >> hearing was held today for muni operator accused of breaking regulation of the americans with disability act. hisen count we are the disabled rider captured on video for all to see. carolyn tyler has the story. sfoychlt miss henry routinely deals with rude muni drivers who don't want to let her and her scooter on the bus. but the 46-year-old disabled woman was so shocked and upset by one experience last month when she was trying to get to work that she filed a request from muni video of the incident and lodged a formal complaint. >> you shouldn't even be on the bus. >> hostile they didn't want to mess with the ramp and don't want to be delayed and they feel like i shouldn't be on the bus. >>reporter: 25 years ago this week that the american with disability act was passed. design to breakdown barrier and ensure access. all muni vehicle have disabled ramp and operators have training. >> vast majority of the operator are exceptional at what they do and extremely courteous dealing with the public. there are circumstances where fop there ar

go winn-dixie. >>> your word of the day is not in my dictionary.e a book called "killing noah webster." >>> my husband can be pesky and annoying. sounds like a mosquito. and surprise, arizona. i enjoy but often do not know what they are saying. you are better off, ann. based on what is happening in california i am self identifying as a 22-year-old lesbian. let us know how that works out. >> killing patton will reach 9,000 reviews on amazon by the time killing reagan comes out on september 22. i appreciate the tally. hitler's last days selling great. >>> just signed up for premium membership. don't know why i waited so long. got one of your free pens as my free gift. if you want to buy it is reasonable. enjoy the pen and the membership. >>> the factor tip of the day, embracing the heat. yesterday it was 107 in arizona. 104 in sacramento, california. that is expected in the summer out there. it was also 100 degrees in st. louis. 94 hot sticky degrees here in new york city. i can't blame it on de blasio. i wish i could. he makes me cranky but many thi

i'm chris winn. let's start with a quick look at the weather. hi lisa. >>ry chris.and continuing into sunday. this morning the marine layer is over 2,000 feet deep. we have that to show you from mt. tam with a pretty sunrise right about now. and temperatures are mild. north bay in the mid-50s. 60s elsewhere. 63 mountain view and 62 oakland. look for the fog to stay at the coast. temperatures on just a couple degrees inland. 90s near antioch and brentwood. otherwise upper 80s livermore, 80s around the bay. and by the afternoon 60s at the coast. talk about the cloud cover, the humidity and where you might see a few showers the next couple of days in

chris winn abc 7 news. >> we have link to 2 fundraising campaigns established in kate steinly memory. if you want to help go to our web site. >> we have a lieutenant more to bring you on 7 news at 9:00. coming up nechblingts drone view 7 for amazing look at what's left of candlestick park. >> ♪ ♪ about you are going to garden party. sound of music emanating tonight from a most unusual location. >> and how much longer will the gray skies hang around. sandhya has the full forecast. >> 7 news ahhh. beautiful day in baltimore where most people probably know that geico could save them money on car insurance, right? you see the thing is geico well, could help them save on boat insurance too. hey! okay...i'm ready to come in now. hello? i'm trying my best. seriously, i'm...i'm serious. request to come ashore. geico. saving people money on more than just car insurance. we spend a lot of time online around here. but with all this speed from xfinity, it's all good. hey, why don't we do some homework for a change? gary, you too. dad...work stuff. yes! [laughs] lovin' the new design! konichiwa hi

i'm chris winn. let's start with a quick look at the weather. hi lisa. >>ry chris. we will be tracking a few scattered rain showers throughout the day and maybe tonight and continuing into sunday. this morning the marine layer is over 2,000 feet deep. we have that to show you from mt. tam with a pretty sunrise right about now. and temperatures are mild. north bay in the mid-50s. 60s elsewhere. 63 mountain view and 62 oakland. look for the fog to stay at the coast. temperatures on just a couple degrees inland. 90s near antioch and brentwood. otherwise upper 80s livermore, 80s around the bay. and by the afternoon 60s at the coast. talk about the cloud cover, the humidity and where you might see a few showers the next couple of days in our next weather segment. chris. >> lisa, thanks. now breaking news this morning. the total number of victims killed in thursday's shooting is now five. navy issued a statement confirming a sailor who was shot died early this morning. he had been in critical condition since the shooting. >>> throughout the state of tennessee flags will b

tonight where the olympic gold medal winn. >> with me tonight is christine brennen, cnn sports analystmnist for "usa today." eden, caitlyn jenner just accepted the arthur ashe award for courage, left the stage. did she deserve it? >> you know, they have their own crier criteria for choosing who receives the award. named for an incredible citizen, arthur ashe. i think their criteria is their own. they could have given it to so many people. courage is exemplified in many ways. it's not a bad example of courage. >> here is what she said a few moments ago. if you want to call me names and make jokes, i can take it, but the thousands of kids coming to terms with their identity, they shouldn't have to take it. what's your reaction, eden? >> that's one of the most important things about caitlyn jenner's media exposure and receiving this award. the conversations that can happen in living rooms, among families across america that can help provide safe space for thousands of young people across our country who may or may not be transgender. and they have safe space to be among their families. th

. >>> triple crown winne >>> triple crown winner american pharaoh got the royal treatment arriving ine version, of the red carpet for reporters. then he was loaded into a deck. there you go. and the van you see, it's decked out and escorted by new jersey troopers to the racetrack. american pharaoh is running on sunday in the $1.75 million haskell invitational. >>> kansas city chiefs safety eric berry back on the practice field, just eight months after getting the shocking news that he had cancer. berry says that he felt chest pain. this was after a game in november. it turned out, he had hodgkin's lymphoma. the 26-year-old pro bowler says he was pushed to the physical limit while undergoing months of physical therapy, but it paid off, because in june, he was declared cancer-free. >>> now to the nfl's deflategate controversy, the players union making good on their promise to file a lawsuit in federal court. >> that lawsuit seeks to have patriots quarterback tom brady's four-game suspension thrown out. it was filed as both brady and the owner of the patriots came out swinging. more now