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neighbor this is kpix 5 news. eviction gone wrong. a man starts shooting when deputies show up. it happened in a gated community in san rumome. brian w got the story from a neighbor. >> reporter: an armored vehicle and cop cars covered with million dollar hills, something you don't see every day. >> can't go up. we have to stay down here. >> pretty boring out here. this happens when we come back. >> this afternoon two deputies served an eviction notice. after no one answered the door

they went to work to get inside and then a bullet sailed through the door, hitting the manager in the leg. he was rushed to the hospital while the s.w.a.t. team rushed to the scene and residents were warned to stay inside. >> my daughters were not home and i wasn't near there so that is just the blessing. >> he moved in 2004. >> reporter: this woman knows the 42-year-old suspect. he bought up property during the good old days and lost them one by one. >> this would be his last one, that is why he was desperate. >> reporter: after 4 hours authorities were tired of talking. they rammed the front door and sent gas inside. the suspect gave up. this is him in the back of the car being taken to his new home the county jail.

he will head to the hospital to be checked out. authorities haven't released his name. live, brian w, kpix 5 -- brian web, kpix 5. . there are 154 foreclosures. the secretary of defense wants to know how so many red flags would have been missed with the navy yard shooter. >> reporter: sources say aaron alexis left behind two short praises on the side of the -- phrases on the side of the shotgun used. one of the messages reads better off this way. the other is more cryptic, my elf epien. elf might be a reference to the radio waves the navy uses to communicate with submarines and it may relate to a strange incident that happened six

weeks ago in rhode island. aaron alexis complained to police stockers were using a machine to send vibrations into his body. investigators took a report and forwarded it to navy officials and it was never passed up the chain of command and aaron alexis was on partial disability for orthopedic issues. he received disability benefits, $395 a month but the va refuted claims he received treatment for mental health issues saying he never sought an appointment. his mom released this statement today. >> my son aaron alexis has murdered 12 people and wounded several others. his actions had a profound effect on the families of the

victims. i don't know why he did what he did and i will never be able to ask him why. aaron alexis is in a place where he could no longer do harm to anymore and for that i am glad. to the families of the victims i am sorry this has happened. my heart is broken. >> investigators haven't any connection between aaron alexis and his victims. bart and the unions. they say bart negotiators walked out of talks. the union claims bart insists on meeting for only 10 days of the 60 day cooling off period. bart said that is not true. they are ready to meet any time. >> there is no explanation other than bart is not treating this seriously and don't attend

to come to an agreement. >> the calendar is not set in stone. just because it is what it is doesn't mean we can't add days. >> right now there are no new talks scheduled till monday. all while time is running out. bart workers can go on strike after midnight october 10. another bridge closure, this time the golden gate bridge. the pylons, you can see them at the movement screen will be replaced -- at the bottom of the screen and will be replaced. >> reporter: october or november of next year they will shut down the golden gate bridge so they can install a new movable median. they will take the place of the plastic pylons that don't do much to prevent a head on collision. what they will put in its place is real thick heavy steel concrete barriers. they will have to shut down the

bridge for 52 hours, it will be a weekend and at this point the golden gate bridge district said it doesn't know what plans they will put in place to get people between the north bay and san francisco. they think at this point it will call for more ferries and more buses. kpix 5. >> we don't know for six months or so when the bridge will close. the a's are having a great season, the colosseum not so much, more sewage problems. this was nowhere near as severe as june. that one spilled into the home and visitors clubhouses. and several other bath rooms. tonight two dogs are in quarantine after an attempt by their owner to get rid of them. kiet do tells us one dog was

seen coming out of a truck and the second was wandering the streets half a mile away. >> reporter: judging from the way they look and act these two dogs are likely brothers and right now all they have is each other. >> something clearly happened. >> reporter: this morning a witness saw one go flying out of a blue truck. the witness got the dog out of traffic. they figure the dog jumped out of the truck so they waited for the owner to come back but they waited and waited and waited. >> this is weird. how does a dog jump out of a car and you don't come and get it. >> the second dog was found wearing the same type of caller and leash. it was a few blocks away from where the first dog was helped out of the vehicle.

>> reporter: common sense would say they were tossed out of the car. >> they could have been. >> reporter: animal dumping is common in fremont. people often do it because they fall on hard times or don't want to pay the surrender fees. >> it is a hard economy. it is not the right way to do it. >> reporter: police want the owner to come forward with the dog's background to get the dogs into a loving family. kiet do, kpix 5. >> the owner could face animalculety charges. -- animal cruelty charges. new smart phone security feature, how to get it now. >> how do you know if a child has autism or was misdiagnosed?

>> if your milk carton date complains it is expired, the big myth about the expiration dates. there is a expiration date for summer, we have fall like weather, including rain moving in. when it gets here and when it gets out, next.

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today apple came out with a "kill switch" that every timey you can do something to protect your phone -- finally you can do something to protect your phone. joe vazquez says first you have to figure it out. >> reporter: could apple picking, the robberies of i phones become a thing of the past? the ios 7 just out today has a kill switch. the first of its kind in the u.s. >> i think it will have an impact. >> reporter: the district attorney has been pushing phone companies to make the change. >> i don't think the impact will be over night. i think there has to be an adjustment in the market place. the thieves have to understand they can no longer use the phones. >> i think it is a great idea. it is somewhere to start. >> we will go to the icloud.

>> but he says it has a long way to go. it is not automatically on your phone. you have to opt in. you have to navigate the process of turning on the kill switch by signing on and clicking on the feature. once the kill switch is activated if your phone is stolen it will never work again unless the correct password is typed in. >> you can't do that anymore. it is hard. >> what do you think about the kill switch? >> i want it. >> it would be helpful if you knew thew use it. >> have it. never turned it on. >> reporter: why not? >> i don't want to deal with it. >> complicated. >> reporter: keep in mind this is one operating system on one kind of phone. it may not make a difference at first. not till some of the phone

companies offer a kill switch but it is a start. joe vazquez, back to you. >> got to start somewhere. thank you. and there is talk of layoffs at blackberry. they could cut up to 40% of their staff. 5,000 employees by the end of the year. if you are a gamer you probably know this, if you aren't listen to this. the new grand theft auto game, $800 million in sales yesterday. $800million on the first day it came out. that means people bought 13 million games in one day. it is a record for the industry. hard to believe that 40% of the food we buy get tossed. 40%. but if your milk says it is expired, don't throw it out. it is not.

what? julie watts explains. >> reporter: best buy, sell -- best by, sell by, what do the dates mean? >> sell by and eat by. >> reporter: and none of them mean expired by. that is the problem according to a new report. >> 9-10 people make the mistake. >> reporter: the sell by date is a stocking note to retailers after which the food is donated. and best by and use by dates are not discard dates. >> indicators of peak quality that a manufacturer determines. >> reporter: the report is calling on manufacturers to hide the sell by date and print uniform date labels that differentiate between safety and quality.

they would like more over sight of the labels that are unregulated. >> do you recommend people rely on their nose and taste? >> in terms of safety that is right. the labels are not meant to communicate safety. >> reporter: julie watts, kpix 5. >> throwing out the food is expensive too. $400 million, we learned there is one winning ticket in tonight's powerball lottery -- powerball lottery in south carolina. lot of folks tried their luck. this is in richmond earlier today. two people in californiaed. 5 numbers. won a -- california. matched 5 numbered. the odds of winning 1-175 million. you are more likely to date a super model. or three back to back holes in one. >> you are saying there is a

chance. >> maybe. >> chancing of dating a super model is higher after winning. >> there you go. >> that is proven. [ talking at the same time ] [ laughter ] so here is the deal. summer ends sunday afternoon. summer unficially ends friday night. saturday it -- unofficially ends friday night. saturday it will be cloudy, cooler. the harvest moon is the full moon closest to the equinox. say hello to the harvest moon. fremont 55. night are getting longer, cooler. 50s, including napa 54 degrees. tomorrow, looking at warm

weather. summer like inland. antioch upper 80s tomorrow. like today. with sunny skies. look at friday, clouds increasing. maybe a few showers friday night and not as warm. low 80s. strong area of low pressure off shore. not getting here tomorrow. today high pressure, warm, sunny. coast sunshine. that is for one more day tomorrow. after tomorrow low pressure moves in. slams into oregon. inch or two of rainfall and the front will make it here. and we will see some showers. nothing too heavy. showers in the north bay first as soon as friday afternoon. future cast for you. thursday, bone dry. look at the clouds friday morning. friday afternoon cloudy. scattered showers around by friday night. most of the rainfall falling north of the golden gate bridge and after midnight on saturday. you may wake up to a wet day on

saturday. showers arriving friday afternoon. shower chance lunchtime on saturday. dry saturday afternoon. after lunch and sunshine on sunday. tomorrow the last summer like day for a few. livermore 89. san jose 82. campbell 84. 89 tomorrow for walnut creek and pittsburg. dublin 86. 70 in the city. 85 high tomorrow in windser. here comes the clouds friday. 70s everywhere saturday. sunday we get the sunshine back. chilly start and next week not as warm. all signs summer is wrapping up and saying hello autumn. not going going to be much but summer is wrapping up. >> all right. >> thank you. coming up the cluclue that -- the clue that suggests a lot

of autism cases are misdiagnosed. ,,,,,,,,,,,,,,,,,,,,

mcallister says: doctors could be making a mistake. "chromosome 22q11.2 deletion

syndrome" you likely have n hear of this chromosome autism affects about one in0 kids. { toss to sports tease} { s to sports tease}

did they pop champagne at t america's cup? and josh hamilton finally gs to the a's...we re next in sports { toss to dennis} a win for the a's against w,

♪ (woman) this place has got really good chocolate shakes. (growls) (man) that's a good look for you.

(woman) that was fun. (man) yeah. (man) let me help you out with the.. (woman)...oh no, i got it. (man) you sure? (woman) just pop the trunk. (man vo) i may not know where the road will lead, but... i'm sure my subaru will get me there. (announcer) love. it's what makes a subaru, a subaru. peppejalapeños, bacon,shrooms, tomato and avocado. i call it, "the avocado da vinci". create your om'lart with denny's build your own omelette menu. rangers would have given th0 wins for the second straight

year and lowered their magic number to four..i hate when someone spoils a good party josh hamiltons had only hitn 11 at- bats against grant balfour..it was a home run...well, make that 2 hit 12 at-bats against balfour.."both" home runs! blown save..game tied at 4. top of the 11th inning..it's hamilton again...this time, just a mt sacrifice fly that scores t eventual winning run..and despite beating the a's, hamilton likes the a's chans . . " " " " silver lining headquarters.e rangers lost again tonight,o the a's magic number, as yon see is now tonight, so the a's magic number, as you can see is n bruce bochy took out matt cn in the 8th inning when the had a 4-1 lead but it all disappeared in the 9th...se romo gives up the game winno josh satin...the mets put u4

spot to walk off on the giants...the 5-4 loss assur the defending champs will finish with a losing record. the kiwi's took the first re of the america's cup today, crossing the finish to win eleven...they actually led e second race and were about win the cup before the wind picked up and saved team ust least until tomorrow....so r now, the champagne is on ic former heavyweight champion norton, who has been in poor health for several years, dd today. norton fought in perhaps the greatest era of heavyweight fighters...he w0 years old. time for the top 5... number five..michael young is comin home...we're gonnae a play at the plate! elizabeth?? dodgers lost to d-backs number four...jb sh get your uniform dirty! number three...mets shortst ruben

i think you are right. i am going to give that to you. number three, mets shortstop, great catch but on the collision he broke his fibula. that outfield has to get out of the way. number four, the marlins has one of the worst teams in baseball but they have stanton. 463 feet. and number one, the best soccer in the world is, messy. how does he make that free kick? because he is messy. incredible goal. hat trick. fc barcelona won 4-0. he makes 12.5 million euros a year. he is insulted by that salary. he wants 15 million euro. >> he deserves it. be right back.

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♪ for a store near you go to benjaminmoore.com/bayarea. the kpix 5 sports report is sponsored by ... letterman is next. >> our next newscast tomorrow morning starts at 4:30 a.m.

set your alarm. ( band playing "late show" theme ) >> from the heart of broadway, broadcasting across the nation and around the world, it's the "late show" with david letterman. tonight... plus paul shaffer and the cbs orchestra. i'm alan kalter. and now, domestic jewel thief, david letterman! captioning sponsored by worldwide pants and cbs