the street. and saw a skate board andes spo man in the video and told them he was jumped. other passengers saw it differently. >> he said he was being loud and belligerent. and acting unstable. >> police made contact with the two main people involved. no kids. all adults. >> the mutual physical altercation. but neither party chose to press charges. >> they're trying to determine what led to the it. the woman said she didn't shoot is it. it was sent to her. the debate rages online. >> social media is great. but it gives us snippets of the truth. but just a tiny bit. >> the san francisco police say they would still like to speak with witnesses on the train. to again figure out exactly what led up to this.

according to there should be quite a bit of evidence. ten to 12 cameras on the vehicles covering the inside kp outside. >> thank you. dangerous situation in the east bay. flames break out near the refinery. sky ranger was over the scene. the fire broke out around 2:00. and tore through the dry hills. on the concord martinez border. 25 acres burned. firefighters stopped the fire before it got on refinery property. it's under investigation. >> a multi-millionaire on his way to jail given a six month sentence. this video. led away in cuffs today in san francisco. and mestic violence insking the he was kaulgt on tape hitting a womane judge ruled he violated 2014. parole had he hit another woman. >> 1

biting somebody. where was their mercy? we're no fan of mass incarceration. this gentlemen is dangerous. >> he became famous in silicon valley when he sold his company for $300 million. at the age of 25. >> a skin crawling problem for several restaurants in the east bay mall. since may, six restaurants have been closed due to a problem with rodents. health officials are calling it we have been following this story. >> the rst raunt still closed here at sun valley mall. this is the letter that county health officials sent to the mall. what they found were cockroaches, rats and rodents. in areas where they prepare food. the county says the problem can be fixed. it won't be easy.

>> reporter: the latest restaurant shut down by county health inspectors. the problem, cockroaches, rats and dead mice. >> we ff rodent infegsation. mouse traps where a dead mouse was in it. >> since may, a total of six restaurants have been closed at the mall. all closed due to related health code violation. tomi is still closed. >> doctor under wood says because the problem has been so widespread, they reached out to the mall. the problem is quote gone beyond individual food facilities. and now requires immediate attention of mall ownership. an e-mail they responded by saying quote we immediately enacted a multi-prong approach to identifying the area of risk

to bring swift resolution. >> they can't link the problems to any specific food contamination. but the investigation was prompted by a customer who said they got sick eating at tomi. >> it's hard to get rid of a problem of this sort. we have closed them now and won't have them reopen until we think the problem is solved. >> it will be cloetsed until at least next wednesday. when they have hearing with the county. reporting live in concord. okay. thank you. let's turn to the weather forecast. outside a live look at san jose. we can show you where it is nice outside. pret sunny. let's bring jeff in now. nice outside today. what about the weekend? >> it wilt not uncomfortably ho. for the labor day weekend. the 24 hour temperature change is showing the increase temperatures already today.

up anywhere from two to nine degrees hotter. and every bit of this heat is coming from high pressure. which is building in from the south. now we have some smoke, heaviest is moving into nevada. with some of the through the weekend. we'll see haze as well. here's the break down on tomorrow. warmest temperature inland and east bay. 10:00 at 69 degrees. that's totally doable. 3:00 p.m. up to the warmer 89. if you're headed to coast. most of the beaches will be cool upper 50s low 60s. with patchy areas of fog. >> all right. thank you. if you're heading out for labor day weekend. so are are a record number of this is traffic akrosds the bay area. longer delays than normal. especially headed north. 35 million memorial day drivers.

>> a high speed police chase. ended in this crash in richmond. video from sky ranger. police say they were talking with a man who plans to sexually traffic a young girl. officers were supposed to meet the man at the gas station this morning. he sped off when officers approached. he almost hit a pedestrian. the man led police on a chase before crashing into a utility box. where officers arrested him. >> tragedy in the south bay after an ace train struck and killed a jogger. it happened this morning on a popular biking and walking trail. live at the crash site in san jose with newon i >> right. we're here on the levy. and the trail where the man was jogging. as you can see the trail runs across the railroad track and ends just before the track. that doesn't mean people stop here. even though they should. >> reporter: ace train 7 was back in service this afternoon. five hours behind schedule.

after fatal crash near gold street. >> the train came to a very fast stop. that was unusual. we waited for probably ten minutes and the conductor came through and told us that somebody got hit. >> they later came back and said it was a jogger trying to beat the train. >> police are investigating but a company spokesman told us it looks like a tragic accident. not a suicide. but the site has unique circumstances. witnesses say the jogger was on the trail wearing headphones and sunglasses kp crossed possibly to get on to the start of the river trail nearby. a hazardous shortcut. >> it's common use every day of the week. >> a common shortcut? >> some people use it. i would say mainly to get a view of the area. >> it's very important to be aware of the surroundings. and headphones and sunglasses

can be a dangerous. >> now the coroner afs office hasn't released a name or are details. what officials who own the property say about what to do about a dangerous but popular shortcut. >> all right. thank you. we continue our coverage on the services honoring the late senator john mccain. a live look at the capitol building where the mavericks body is lying in state. inside the capitol rotunda. people lining up to get a glimpse. this morning the mccain family and colleagues packed the halls of congress for a final pyed o the coffin. congressional leaders presented wreaths in the senators honor. and spoke about his service and de dedication to the country. >> this is one of the bravest souls our nation has ever

produced. >> it was a by partisan event. some colleagues hoping for a permanent tribute to the senator. a push from some to rename the russell senate office building in mccains honor. live coverage of the celebration of life service begins at 7:00 a.m. 6:00 a.m. tomorrow. chuck todd will anchor the coverage from the national cathedral. >> funeral service for aretha franklin is coming to a close in detroit. celebrities, poll 'tises friend and family are celebrating her life. president clinton spoke about the queen of soul. >> she lived with courage. not without fear. but over coming her fear. >> reverend jackson and fellow soul singer smoky robin son spoke as well. she died of cancer later this month. 76 years old. >> coming up molly the reason

her memory is used by white supremacists. >> a secret sidewalk no longer a secret. the hide away wiped off the map.

a popular spot for nature lovers in the eat bay is about to vanish. a section of the secret sidewalk

in fremont canyon. it's been demolished. >> the question is why. live near the beginning of the sidewalk. there appears to be secrecy about what's going on. >> that's right. the sidewalk is about two miles in from here. take a look at the no trespassing signs. the property owner wouldn't let us on property and everyone called lt cops on us. we weren't breaking any laws. >> it's unfortunate. because i think it would be nice to consider if they would have considered turning it into a park. and maybe opening up access. >> michael of fremont is talking about the so called secret sidewalk. a hot spot for hikers that is actually the top of the old springs valley aqua duct. >> there's a nice valley of bowl out there. flat on the bottom. a bunch of debris bricks and sand. >> the property is owned by a company called mission clay product that manufacture suer pipes. no one from the company would

talk. but say the secret sidewalk was a liability. and needed to be removed. >> i feel bad for it. it's an artifact. it would be nice to left or can leave just a representative section. >> so people can see. >> all day long, dump trucks came and left. no debris in sight. workers from the company on hand. members of the club say old oil buffers are on site. and previously posed a possible environmental risk for interested developers. now nature lovers want answers. >> it's a nice area. and i'd like to know what's going on. >> a spokesperson tells me the property owners haven't contacted them about any proposed development. and would be required to do so. they are aware of the restoration project that is

going on here. >> thank you. tragic death reignited a heated debate about immigration. phone calls are using the death to promote white nationalist. she grew up in oakland. last week he led investigators to her body hidden in a corn field. he's an undocumented immigrant and charged with her murder. calls from a group called road to power is calling for the deportation of immigrants. the recording says if she was alive, she would support killing immigrants. the family says she would think exactly the opposite. action to. activists ra activists rallied this miranda warning. detainees have been moved to detention centers. the office ended the contract with ice and couldn't hold them at the desengs facility anymore. people don't want the detainees

brought to another facility. they want them reunited with family. >> let me be clear. we're not going to stop fighting and we are going to win this battle eventually. we are right and we're going to prevail. >> several of the detainees were taken to washington and colorado. families say they weren't given any warning. >> a lawsuit is taking aim at google apple twitters and facebook. tech companies claiming deliberately censor content. trump accused them-over being bias. the suit calls this a suppression of speech. with one goal, taking down president trump and his administration. google said we don't bias our results towards any political. >> stores will reopen september 19. two months later. we know the cause. oil soaked dish towels got left

outside. the towels heated up in the sun and burst into flames. another fire four years ago severely damaged that restaurant. >> let's bring in jeff and talk about the holiday weekend. it starts today. >> it does. >> i don't think the forecast will disappoint. it will get hot. there's a spot for everyone to go if you want to escape the warm temperatures. on this friday afternoon. at the end of the wok week. you probably face a lot of traffic today. no matter where you were trying to go. you can see across the south bay. beautiful blue skies. currently temperature of 75 degrees. and you'll see tonight not too much in the way of clouds. drop to the 60s here through 8:00 and 9:00. maybe you're heading up to san francisco. big night out in the city. not much in the way of fog. you can see through tonight, we're looking at not much thick

cloud cover. temperatures in the 50s here. at 11:00. you need the jacket if you're headed out to san francisco. the main reason why we have less in the way of fog is high pressure. hotter drier air building in from the south. there's some smoke to the north. heaviest is moving into nevada. for us we'll see haze filtering in with the warm air. how is that going to start off for you? for tomorrow we'll see patchy low clouds. upper 50s and low 60s. expect generally more sunshine throughout the bay to start from the south bay to the trivalley and early fog here in san francisco. a few clouds near the east bay and 58 degrees. once we hit the afternoon hours the temperatures will be heating up. no 100s. close to the 90s. best chance of that happening is gilroy. 86 morgan hill. and numbers drop off closer to the bay. we're close to the 90s.

warmest weather to concord. also danville and pleasanton. and by the bay a beautiful afternoon 78 hayward. across the peninsula the ocean breeze. you have that wind coming off the water. that will keep us with the best weather to san mateo. san francisco 60s here from the marina. to the mildest in the mission at 69. and for the north bay, you're winning out tomorrow. look this. 79. i know this weekend a lot try to squeeze in that last trip to the beach. the one spot we'll see temperur enjoy tomorrow. 75 degrees. sunday 71. and labor day a cool 65. tomorrow will be the mildest day at the beach. san francisco staying at 60s. throughout the next seven day forecast. for the inland valleys 87 tomorrow. up to 92 on sunday.

and we'll see temperatures drop off as we head throughout next week forecast. a very nice three day weekend coming for everyone. >> looks lovely. thank you. >> up next santa rose police officer gives meaning to the idea of going beyond. above and beyond. the action he's taking changing that baby's life. >> a big change coming to disney land. the reason people will be happier at the happyiest place on earth.

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♪ i put a spell on you ♪ yeah, because you're mine ♪ with chase atms serena can now grab cash on the go, all with the tap of her phone. ♪ stop the things you do no card? no problem. life, lived serena's way. chase, make more of what's yours. mets at at&t park just a few hours from now the giants will be talking on the mets. a live look from the ballpark camera. >> just outside the park you'll find some of the nbc team as

well. we have a treat yous ice cream truck. >> the team is there. marcus washington and mike. a lot of people showing up. of course for the free ice cream. >> absolutely. i don't know what's better than free ice cream other than a win. we are here outside the gate as you said. you can see this spot is the hot spot. not too hot to melt the ice cream. a lot of people in line. mike is here. actually giving the people -- he's interviewing with ice cream there. are you ready for ice cream? >> yeah. >> which one do you want? >> cookie. >> that's the hot pick. rr get it. before it's gone. you can see mike here. my buddy from today in the bay. this has been a cool spot. >> it has been. how'd you get one of those and i got this. >> you're the sweet one. >> people will what the height difference is between us. normally we're at the desk. >> secret is out.

i want to take you inside. what's the hot number today? >> this is flying. these are flying off the cooler. the freezer. >> the ice cream sandwich. hot ticket. we'll be here until 7:00. so if you're out in the area come on down. as well as hang out with the bay area and the crew. we would love to see you. and we want to give free ice cream. it's free. what's better than that? >> okay. nothing. >> we'll take two. >> thank you. okay how's this for an all silicon valley story. a self-driving car hit by a leaf. according to crash report the apple test vehicle was stopped waiting to turn. when it rear ended the leaf at 15 miles per hour. the good news. not one was injured. both cars were damaged.

>> a life changing call for help for a police officer. he responded to a call of a pregnant woman who needed help. the woman said she needed a home for her unborn baby. they already have three girls but opened their hearts and home to the girl. and good news today. the department announced the adoption is now official. >> it was meant to be. >> beautiful thing. >> we'll be back in a moment.

coming up tonight at 6:00. two different emergencies on board the rough journey for passengers on an oakland flight headed to hawaii. that story and more coming up tonight. >> finally tonight the happyiest place on east about to get happier. for some in 63 year history, disney land is about to serve alcoholic drinks. they will be offered at the star wars themed bar. set to open next year. there are restrictions. you can't take the drink to other parts of disny land you to keep it there. >> there's a wine bar. >> how fun. >> avoid the teacups at all

costs after a cocktail. >> don't get dizzier. >> let's talk about the holiday weekend forecast. >> it looks really good. the 7-day forecast. 87 tomorrow. hazy but the thick smoke should stay to the north. 92 sunday. and down a bit there monday. 80s through next week. it will be good weather to be out with the family and the barbecue and the kids. the one beach spot we talked about that will be the warmest is santa cruz. tomorrow is the day for that. once we hit sunday and monday it's cooling off. >> okay. thanks so much. that's going to do it for us. is next and we're back at 6:00.

tonight, two emotional goodbyes. john mccain at the u.s. capitol one last time. his family visibly moved as his colleagues bid him farewell. >> as president trump said yesterday, we respect his service to the country. >> the vice president representing the trump administration after the president wasn't invited. the star-studded like a natural woman ♪ big names in music, movies, and politics pay tribute to aretha franklin. shocking video. a young man choked and restrained on a train, forced out the doors as he pleads for i t stop. what started it? head-on