my lung function, starting within 5 minutes. and that makes a difference in my breathing. today, i'm hanging out with my best friend. talk to your doctor about symbicort. i got my first prescription free. call or go online to learn more. [ male announcer ] if you can't afford your medication, astrazeneca may be able to help. . this is abc 7 news. good afternoon, everyone. i'm larry did >> and i'm ama daetz. >> reporter: imagine university avenue at noon here in palo alto, busy, people walking and people having lunch outside. last thing anyone is expecting, of course, is to have a car plow into them but that's exactly

what happened. palo alto police say the man, the driver, is in his 90s. >> you could hear the table smashing into each other and then people are actually screaming. >> this witness was there when the car plowed into the cafe in palo alto. >> the man in his 92s was attempting to parallel park in front of the restaurant and accidentally hit the acceleration instead of the brake, thus pushing the car up on to the curb and into the front of the restaurant. >> reporter: five people were injured, one critically. >> we've had one that is critical. we had three that were minor and then one was the walking wounded. the people that had major injuries were transported to stanford hospital. >> sky 7 hd caught the driver when he was escorted to another car to be questioned. police say alcohol was not a factor. this woman had just left her table at the cafe when the accident occurred. she narrowly missed being hit.

>> there was a man with his hip completely displaced, like the war zone. there was another man next to him who was bleeding. >> reporter: now university avenue was closed for hours. eastbound has since reopened, and they were doing this while they interviewed witnesses and, of course, investigated the scene of the accident. i'm live in palo alto. leanne melendez, nbc 7 news. >> leanne, thank you. statewide drought has dramatically deepened since last week. i'm going to show you a map here showing entire bay area except for marin county is now in the worst category which is exceptional drought. we don't have the map up right now but it is in that exceptional category, extreme. >> and we can tell you according to the u.s. department of agriculture the state is now short an entire year's worth of rain. this is the first time more than half of the state has hit the most severe level of drought since the federal government began issuing regular drought reports in the late 1990s.

>> spencer christian has the day off. i don't imagine we'll get any help or rain in sight here. >> as a matter of fact, as a matter of fact, the sub soil is really severely depleted so that's obviously not a good thing. we're going to go with a dry and hotter forecast for tomorrow, for the inland areas. let me show you live doppler 7 hd. there is a spare the air alert up for your friday. fog is sitting right near the coastline. inland areas enjoying the sum and the summertime buildups continue in the sierra nevada where we are seeing thunderstorms across the spine, as you'll notice there. beautiful view from san jose. the sun shining and air quality tomorrow not good. 7 spare the alert up. poor air quality in the inland and east bay and santa clara valley. we're looking at moderate air quality in the north bay and good for other areas. a foege view of the golden gate bridge. welcome to sumner san francisco. 64 degrees. san carlos and 79 in san jose and gilroy cooking at 97 and a

dramatic view of the lake tahoe cam as the buildups and thunderstorms continue to develop. right now 11 in santa rosa. 11 in faire field and 77 in livermore. one last live view of the shallow fog layer. patchy fog tonight with a few high clouds. stepping out for dinner, upper 50s to low 80s. tomorrow morning it's mild. fog will be around, and it may be dense. mid-50s to mid-60s. hotter inland and warmer at the coast. mid-60s to low 100s, and as i mentioned it is a spare the air for your friday. i'll be back with a look at your weekend forecast in a few minutes. >> ama. >> thanks. startling move by the oakland a's trading all-star outfielder yoenis cespedes to the boston red sox for pitcher jon lester and outfielder jonny gomes who is from petaluma. >> cespedes was arguably the a's favorite player due to his great arm and power. >> won the past two home run derby titles. needless to say the deal got a's fans buzzing about this, game

down to 7:00 this morning, and tweets were going wild. a lot of people rex pressing disappointment and others seem to trust gm billy beane. >> we have plenty of outfield power, so seeing ces go. don't know how we can afford him. billy ball, i don't know with money ball but that's billy ball. >> billy beane usually makes good decisions, and he had his reasons. it's going to be tough seeing cespedes gone. >> we were both stunned, just shocked. >> maybe down the road it's a good thing, but right now we're feeling like it's going to shake up the line yup. >> you saw that throw a few moments ago. there's a handful of guys in the history of baseball that can actually make that throw. lester, he's the key as far as the a's are coming back with. one of the best lefty pitchers in baseball, and he does have world series experience. no question he's great, but it hurts to give up cespedes. >> yeah. kind of sad when i saw that, he's leaving an not because of

the whole he's not my yoenis thing that he does, but he's good. >> he's really good and, you know, i've been sobbing at my desk for several hours over this. i'm a cespedes guy. loved him since the day he arrived in oakland. most exciting player that the a's have had on their rostner years. the guy has an aura, got a chris charisma. when yoenis cespedes comes to the plate you stop what you're doing and you're going to watch this guy. the play i was talking about. nobody makes this throw. that's insane. that's a signature play of the entire season. defensively in major league baseball. that's the cuban missile right there. anyway, you know. lester, great pitcher, and the a's now have an absolutely loaded playoff rotation, and that's what this is really all about. gm billy beane, tired of losing in the first round of the playoffs. this is a we're all in. it's all about winning the world series right now, so we have to say good-bye. >> no, we're not tipping our hat to him.

>> to our little friend. >> he has to say. >> he's not yoenis. >> he's their enis. emotional day and despite the trade, the bobblehead is gone. a's still going ahead with their yoenis cespedes t-shirt giveaway awkwardly timed for this saturday's home game against the kansas city royals. the first 10,000 fans will get a cespedes t-shirt with the words la potencia which means power. >> a parting gift. back to other news. the state senator leland yee pled not guilty. charges included a new racketeering charges accusing him of soliciting bribes and gain contributions in exchange for political favors and being part of a chinatown gang. today's charges superceded the charges back in april. he's charged with 11 felonies

including ten counts of count and bribery. free on a $500,000. neither yee nor his lawyers would comment today. >> reno, nevada, may be home to tesla's highly sought after battery plan. elon musk said the company broke ground outside of nevada last month though he made it clear the decision is not yet final. also signed a deal with its battery partner panasonic who will play a major role in this new factory. reno would be ideal because it is close to the fremont plant. the $5 billion plant will employ 6,500 workers. it will make batteries for the model three sedan which will be available in two or three years. >> antioch police are investigating a shooting that sent bullets through the window and front door of the home injuring a young woman who was sleeping in her bed. shooting happened around 4:00 a.m. on fifth street near l street. emergency workers found the 23-year-old woman bleed willing from a gunshot wound on the back of her neck. she was rushed to the hospital where she got stitches.

she is expected to be okay. police are not yet releasing any information about possible suspects but they believe the apartment unit was targeted. >> this was the scene today outside of planned parenthood in san francisco's mission district. supporters of the clinic staged a demonstrate to counter protests by groups that oppose abortion. these groups have gotten more and more bold since the supreme court ruling which wydened buffer zones around clinics say they are unconstitutional. >> we have aggressive protesters who are harassing patients as they enter. they are following them up to the door and in some cases out to their cars. >> planned parenthood or the staffers say they had to stop a staffer from entering clinic this morning and the protesters say they are not doing anything illegal. >> they have laws right now against harassment and intimidation and blocking clinics. they have civil injunctions. these buffer zones are against free speech.

>> planned parenthood wants the city and police to offer greater protection. >> crews are giving the golden gate clock a tune-up. the clock will be cleaned, painted and get a minute nrngs on its inner workings as part of the toll plaza refurbishment scheduled for completion in northbound. the northbound curb lane between the toll plaza and alexander avenue will be closed for new lane striping from 6:00 p.m. tonight through 5:00 tomorrow morning. >> all right. still ahead on abc 7 "news at 4:00," you've heard the saying it's good to bury the hatchest. not like this. details on a very close call on the freeway. >> plus -- >> this is going to help create really smart motorists. >> a sneak peek at the new smart signs that will soon go up on a bay area freeway. >> new at 4:30, what the cdc is now trying to do to prevent the spread of ebola out of west africa.

>> taking a live look at your traffic at 410:00 on this thursday. golden gate bridge. traffic moving in both directions. marine layer, a little bit of fog on top of the golden gate bridge.

a driver in massachusetts really has an ax to grind with a guy in front of him. a hatchet flew off the truck and stuck in the windshield. if the second driver had been speeding the ax could have gone

through the windshield and injured the passenger. as it was, nobody was hurt, just really shaken up. >> highway officials have given a sneak preview of the new smart sips that will soon go up alongside interstate 80 in the east bay. the energy efficient signs will give drivers realtime traffic information including slowdowns, accidents and road work. they can also provide information about amber alerts and can automatically adjust between daytime and nighttime riding. >> also speed signs which provide recommended speed for motorists to prepare them to slow down about two miles in advance of whatever lies ahead. >> the signs will be installed over the next week or so along a 20-mile stretch between the bay bridge and the cartenas bridge. they are set to go live early next rear. >> turn out to be a happy ending in the search for a missing hiker on mt. hamilton today. she's just fine and did everything right in what was a bad situation.

abc news 7 katie marzullo has the story. >> reporter: 61-year-old christina puckett was missing in grant park. >> we saw them hiking out and at 4:30 at night they were still there, and that's a long hike. >> reporter: the couple became separated around 7:00 or 8:00 when bucket got ahead of her husband on trail. he doubled back and looked for him herself until 2:30 this morning and called for help from a call box. the santa clara county sheriff's office hit the trail and they found her just before 7:00 a.m. >> we were going to pick her up. i'm hiking back. it was a good ending. >> she walked out with us, and that was a food -- that was a good moment. >> reporter: a sheriff's department spokesman said puckett did not have a cell phone with her but it was a warm night, she was dressed appropriately and she kept her cool. >> luckily this person did exactly what you're supposed to

do when you're lost. supposed to stay put. so she just basically stayed put all last night and she was located on the trail. >> the couple was actually in an area of grant county park that's not open to the public. the sheriff's department tells me it was recently acquired land, and it's not yet maintained with portrayals. on mt. hamilton, katie marzullo, abc 7 news. >> shots like these will go on display tonight. they are finalists in the first ever photography contest and some of the images are amazing. >> showing a mid-air attack between a hawk and jay or an ocean wave that looked like a snow-capped mountain. the academy received 6,000 entries from across the world. images, places that you might not go and animals and behaviors you might not ordinarily see that really makes you consider your role in the natural world. >> take a look at grand prize winner here it's titled the

luckiest penguin. it shows the penguin in the antarctic narrowly escaping a hungry leopard seal. go, penguin, go. the winners will be awarded at the academy's night life event. >> some great shots. >> amazing. >> spencer christian is off and meteorologist sandhya patel is here. >> those images are spectacular. a beautiful view looking at blue skies and across the bay. i am looking out towards the east bay and pretty nice views. clouds are building up there. fog to our north and to the south we have sunshine. summer microclimates at full play. live doppler 7 hd. we'll show you what it looks like right now. pretty socked in along the coastline. temperatures so far along the coast in the low to mid-60s and inland spots have already made it up into the 90s and triple digits. red flag warning until 11:00 p.m. tonight for the mt. shasta and el taurus area.

you can see the thunderstorms developing south of the area. there, of course, has been concern about dry lightning and dry fuels, the combination of the two not good. >> san jose camera showing you nice blue skies there, getting hotter tomorrow. there is a spare the air alert up for friday, and we're going to see a wide range of temperatures for the weekend. when i say hotter tomorrow, i'm talking inland, of course. warmer around the coast. here's a look at satellite picture. hot air mass from the desert southwest will expand westward a little bit and temperatures will rise tomorrow. you'll feel it, especially as we head towards tomorrow afternoon when it starts cooking inland. tomorrow morning starting out with the fog around the coast. parts of the bay will see patchy fog. really a mild one inland. low to mid-60s. coastal and bayside communities primarily in the mid to upper 50s, but watch out for that fog during the morning commute. it's a shallow layer and it may be thick in spots. highs for your friday down in the south bay, triple digits, morgan hill and gilroy, 92, san jose, and on the peninsula

you're looking at a mix of sun and high clouds, 90 in mountain view and redwood city. pacifica, that's the place to go if you don't like the heat. 66, 67 daly city and 74 downtown san francisco. definitely warmer and you'll notice san francisco's highs so far only in the mid-60s. north bay this is where you see that 40-degree spread in some area, 30 to 40-degree spreads. 65 in bodega bed and 104 and 92 santa rosa, sonoma, napa 94 degrees, east bay, 78 berkeley and 81 in oakland. a warm one in fremont and head inland you'll be sizzling. 102 in walnut creek and antioch, livermore, fairfield, hey, it's summer so we expect this kind of weather. you can feel the difference in the air today with the dew points down. not a sticky air mass. sizzling weather expected for saturday with triple digits inland still.

cooler around the bay and mid-60s at the beaches, a little bit cooler on sunday and that cooling will actually reach that inland spot so mid-60s to mid-90s. we'll hold you very close to that as we head into next week so our summer microclimates, something for everyone around here. larry, ama? >> thank you. you know a young person who is making a difference here in the bay area? >> kids ages 5 to 18 have until tonight to win $1,000 for scoot or organization where they volunteer. >> part of disney and abc's summer of service awards with partnership and youth service america. past recipients including students like 16-year-old starr who founded a debate league in new york state for girls in urban areas and used the award to expand her league nationwide >> up next, the special feast that the animals at the oakland zoo returned today. >> after 4:30, an atm that gives out more than money. the surprise some customers got that will make you smile. >> at 1:20 let's get another

live look at the afternoon commute. this is the san mateo bridge with traffic eastbound, oncoming traffic is heavier as it often is at this hour but a nice drive if you're headed on right side pack towards the peninsula. pack towards the peninsula. backtands count these days.ake er count these days. that's why they have lots of ways for you to save. real big club card deals, the safeway app and gas rewards. this week relish the taste of summer. fresh sweet corn is 4 for just $1.00. rancher's reserve t-bone steaks are a mouthwatering $6.99 a pound. and nabisco oreo cookies are only $1.99. there's more savings to love... at safeway. ingredients for life.

you don't want to try this at home. professional stuntman escaped injury leaping off a rooftop in chicago and slides off a second roof and then lands on railing of a spiral staircase. are you kidding me? >> no what? >> is that real? i guess it is. >> i guess. >> and he slid all the way down straight to the front door of a house. the degree of difficulty here is absu absurd. whatever the maximum number is it's above that. swanson has made a series of

videos documenting his death-defying stunts. that's insane. >> thousands of pounds of fruit that spilled across the freeway after a big rig overturned three weeks ago isn't going to waste. elephants and giraffes are feasting on a lot of fruit from friday's incident. the oakland zoo shared this video with us, nutritional bonanza, bananas and a tropical treat called jack fruit. zookeepers are thinking of freezing the fruit to make popsicles. >> if i'm an elephant, i'm ecstatic. lots to do including the first event at the new levi stadium. the earthquakes are playing a soccer match saturday night against seattle. >> and a look at what else to explore what you can do where you live. >> won't have to go farther than south bay to experience south of the border culture this weekend. the 2rd annual san jose mexican heritage and mariachi festival will have you strumming and

dancing during the music and ballet workshop. time to turn back the clocks and revisit the golden age, medieval revelry and hearty cuisine returns to the river park this weekend and check out the sharpest and quickest wit in the bay area when the longest running improv theater takes the stage. they will be celebrating their 20th year of making people laugh during the summer festival through september 20th. pop superstar beyonce and her rap legend husband jds uniphasy will surely hit a home run with the fans when their on the run tour comes to at&t park next tuesday and wednesday. tickets are still available. expect heavy traffic delays in the area. for more information on all these event, visit our website at abc 7 news.com. >> just ahead at 4:00, a look at all-out effort now under way to fight the ebola virus and keep it from spreading outside of west africa. >> also, burglars couldn't get

into his gun cabinet, but it's what they apparently did after that has one alabama man so distressed. >> finally the end of the line in that long drawn out battle to keep drake's bay oyster company

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u.s. health officials are now warning americans not to travel to the three african countries hit by an outbreak of ebola. we've also just learned that two american patients diagnosed with the disease will be flown to the u.s. for treatment. so far the outbreak in west africa has killed more than 700 people since march. abc news reporter marcy gonzalez has more. >> the largest ebola outbreak in history now getting worse. more than 1,000 cases reported in gianni, liberia and sierra leone. more than 700 people killed. the centers for disease control and prevention now advising against all non-essential travel to the region. while announcing they are sending an additional 50 disease control experts to the impacted area. >> we know how to stop ebola. it takes meticulous work. we have to fine the cases, respond to them and prevent them. >> some of those cdc specialists will help screen passengers at international airports before they can board flights leaving affected countries. par of the challenging effort to stop the deadly virus from spreading to other parts of the

world, including the u.s. >> i would not be surprised if we see isolated cases arrive here because can you have no symptoms for three weeks after you've been infected but those cases would not spread it around the country. we have good hospitals and good infection control. >> but ebola is impacting americans abroad. the health of two missionary health care workers infected in liberia is reportedly declining. the organization dr. kent brantley was working with says he's now being treated with blood donated bay 14-year-old who survived ebola because of brantley's care and they received one dose of an experimental drug. brantley selflessly insisted be given to his colleague nancy whitebol. >> he's fighting for his life. >> doctors stress that there is no proven cure or vaccine for ebola. the cdc estimates it could take up to six months to get this outbreak under control. marcy gonzalez, abc news, new york. >> developing news in the middle

east. promising actually. israel and hamas have agreed to a humanitarian cease-fire to start tomorrow morning for 72 hours. the white house and the united nations both say they have gotten assurances that all parties to the conflict have agreed to the unconditional cease-fire. the two sides have also agreed to use the time to negotiate a more lasting truce. more than 1,400 palestinians have been killed during four weeks of fighting, including many civilians. at least 59 israelis have also died, most of them soldiers. amid the chaos in gaza there are actually some stories of optimism. a palestinian woman gave birth to quadruplets today. the doctor posted this photo on twitter of the babies in the incubator. three boys and one girl doing well. in the hospital where those injured in the fighting have been treated. >> republican congressman eric cantor used his farewell as house majority leader to criticize the direction he says the country is headed. >> now, unfortunately, we've seen that dream erode in recent

years, and our nation faces many challenges. too many are left wondering if we can be an america that works, an america that leads. >> the virginia republican spoke on the floor today, his last day as the number two house gop leader. cantor was up pectedly defeated by an underfunded tea party backed opponent in his republican primary in june, stepping down as majority leader but will serve out his house term. house republicans are trying to breathe life into annie gracious bill. they plan to vote on the $659 million measure today. however, tea party members revolted and withdrew their support because of a dispute >> this is horrifying, an

alabama man believes burglars did more than just rob his home. he thinks the cooks smoked his wife's ashes. philip mcmullen was out of town and when he returned he found his place was ransacked. 15 things were taken including a generator and chainsaw. the burglars couldn't get into his gun cabinet but did find and dump out his wife's ashes. >> they took my wife's ashes off the headboard and tried to smoke them or something. >> they thought the burglars found drugs since the ashes were kept in a box and not a un. police have not made any arrests. >> a long legal battle to keep the drakes bay oyster company open to the public has come to an end. >> the company just shut down its operations moments ago. alissa harrington joining us now at the sea shore where the openers today held a good-bye celebration.

listen. >> reporter: after an emotional day employees are closing up the oyster shack but supporters say the fight is not over. soak local restaurant owners filed a last minute lawsuit and hope this one will pull through. >> an oyster toast marked a solemn good-bye to drake's bay oyster company. the 100-year-old family-owned farm was forced to shut down its retail operation. this means the public can no longer buy, shuck or eat oysters at point ray's national sea shore. >> today it's a tragedy. it's a very, very sad day. >> the national park service owns the land. drake's lease ran out two years ago. last month the supreme court refused to review an apale to keep it open. the owner says now people who work there will lose their jobs. those who live on site their homes. >> they just looked up and the table was empty and they knew that their jobs were ending. there's deep sadness and fear.

>> res trantsd like this are worried about how the closure will affect their bottom line. drake's bay oysters are the most popular item on the menu. >> people come here for oysters and 50,000 people are coming to the park and saying where is the oysters? >> reporter: owners joined other business openers who rely on the the oysters and filed a motion to stop the closure of they are asking that drake continues operations until their case is heard. >> it may be that they can pull another rabbit out of the hat but suppose we were hoping that because we truly dread the law. >> reporter: supporters say there is still hope. the company is allowed to keep harvesting the oysters at the site until the national park service gives a 30-day notice. alissa harrington, abc 7 news. >> coming up on abc 7 news at 4:00, if only all atms did this. >> hello, there. hi. >> hi. >> i'm here to thank you. >> that would be shocking.

the heartwarming way one bank is giving back to some of its loyal customers. and later -- >> potentially millions of anchovies are dying in the harbor an are starting to float to the surface. somebody is going to have to fish all of these out of the harbor before they start to stink. i'm david louie. we'll have that story still to come. >> a gorgeous view from our east bay hills area of a shallow fog layer. it will be around tomorrow morning and tomorrow afternoon we're going with warmer at the beaches and hotter inland. i'll be back with your friday high temperatures coming up. >> another live look at the afternoon traffic, and it is not a pretty scene on the skyway in downtown san francisco. bumper to bumper. if you're trying to get out of city, heading to the lower deck of the bay brimming and not a whole lot better on right side of the screen for those drivers trying to get

illamookmook old fd is absolutely amazing. creammmmmy. it makes my tongue dance. me too. hey you two, stop that tillamook tongue dancing and get back to work! tillamook ice cream, tastes better because it's made better.

td bank in canada is trying to change that they are not known for being caring places. >> atm stood for automated thanking machine. every one of the customers who came in last friday received $20 and others got flowers and gift wrapped presents. >> a dozen regular customers received a lot more. in particular two women, one is struggling to help her kid and the others only daughter has cancer back home in trinidad. >> actually a card coming out

for you right there. those are tickets to trinidad. >> are you serious? >> i am serious. go see your daughter in trinidad. >> thank you, thank you, dorothy. >> you look inside each piggy bank there's a check for $1,000 to start an resp for each of your kids. >> here's thing. if you tell your kids, here's an resp they will be like, nah, but if you tell them you're taking them to a place like disney -- >> no. >> yes, you're taking your kids to a magical place in california, kristine. >> i've never been able to take my kids anywhere. >> how sweet is that? >> that's unbelievable actually. >> one toronto blue jays fan got to meet star player jose but a teesta and throw out the first pitch of the game. i'm wondering if the folks at bank of america, wells fargo are

kind of getting the hint guys. >> great idea. step up. >> let's step up and step out. meteorologist sandhya patel looking ahead to the weekend. >> weekend always on our mind. let me show you the live doppler 7 hd and what's ahead for your friday. fog at the coast and typical pattern. looking at the national highs for friday. low 11s from dc to new york to boston and certainly the possibility of thunderstorms there. st. louis there and if you're traveling to seattle 86 degrees and cooking in phoenix. 106 degrees. statewide there will be some triple digits, from chico to sacramento, yosemite and look at fresno, 108 degrees and same thing for the desert and palm springs, 105 in las vegas. morning fog and mild to warm temperatures for san diego and los angeles. 67 up towards eureka, and here in the bay area 74 tomorrow afternoon and san francisco. 81 in oakland and 92 santa rosa and triple digits, 92 in san

jose so warmer to hotter for your friday and if you're going to the a's game tomorrow evening at odot co-co coliseum. fireworks right after the game, and it's looking like spectacular weather for the fireworks. we do have some changes coming for the upcoming weekend. i'll be back with all those details. hope you join me at 5:00 p.m. ama and larry. >> my actions that night were totally inexcusable. >> up next, ravens star ray rice speaking out for first time since his controversial light suspension from the nfl. >> plus -- >> the teenager with a lot of spunk despite his physical challenges. >> how high the average overdraft fees are g

♪watching everybody eating ♪what they want all day ♪oh this tasteless cardboard ♪brings me nothing but more shame ♪ ♪turning every turn until i find something right♪ ♪and it...takes my breath away checking in on the stories that are trending on the abc news 7 facebook and twitter feed on abc news 7.com. everyone is talking about the

big baseball trade that's sending oakland a ease home run king yoenis cespedes to the boston red sox. our sentiment meter shows most of the people tweet begun this actually think it's a good thing another big talker, this mysterious woman you see in black. she's been spotted quietly walking through the southeast and midwest covering more than 100 miles in less than two weeks. she refuses all offers for food or water. you can read more about her at abc 7 news.com. >> today an apology and a promise. baltimore ravens running back ray rice speaking for first time since he was suspended by the nfl for only two fames for assaulting his wife. disturbing video of his domestic violence incident surface on line. >> reporter: ray rice spoke out about what he says has change him and his family forever. tmz sports got ahold of this disturbing surveillance video taken inside an atlantic city casino last february of the all

pro running back hovering over and then dragging his fiancee out an elevator after she punch her in the face. she was clearly unconscious. >> that night, you know, i just replay over and over in my head. you know, that's not me. my actions were inexcusable. >> reporter: controversy has been building over the penalty imposed on rice, a two-game suspension without pay for violating the league's personal conduct policy. the outrage growing online and in the media. >> frankly it's a terrible message that the nfl has sent. it was a stunner to me. >> reporter: even ravens fans say rice's punishment didn't go far enough. >> i let so many people down because of 30 seconds of my life that, you know, i know i can't take back. >> reporter: palmer now married to ri was not by his side as he faced the media but she spent the morning watching practice. the couple attend regular counseling sessions, a condition which kept him from serving jail time in her assault. once done with his obligations rice says he plans on become an

ambassador against domestic violence. >> violence of any kind, especially man on woman, is just not right. >> reporter: rice says what happened in the disturbing video was an isolated incident and never happened before or since. kirk hawkins for abc news, los angeles. >> a new mexico teenager is proving that a strong will can help you overcome almost anything. >> this is amazing. 16-year-old brandon has a form of muscular dystrophy. his left arm to be amputated and born with a rare condition in his legs as well. he was introduced to a form of brazilian jujutsu. >> he no longer needs physical therapy and he has earned a blue belt and brandon is on top of the world. >> it makes me feel human, makes me feel like i can do anything. >> i complain about my everyday stuff and everyday life and this dude is in here with no complaint rolling around and holding his own.

>> it's inspiring because he's not just staying at home doing the whole poor me thing. doesn't change the situation. he's just taking control. >> great perspective. >> brandon is not stopping there. loves mixed martial arts. his dream is to become the first amputee fighter in the ufc. >> food for him. covered california says the cost of its health care plans will rise only modestly and some people will see a decrease. >> michael finney is joining us now with today's headlines. >> this is surprising. covered california says this is good news for its 1.2 million enrollees. premiums will go up an average of 1.2% in 2015, second year of the affordable care act. consumer advocates say that's a modest bump compared to the double digit increases we've seen in the past. covered california customers will be able to choose plans from ten insurance companies next year depending on where they live. they include anthem blue cross,

blue shield, kaiser and health net. pardon me, a new federal report out shows consumers who used debit cards pay an average, annual interest rate of 17,000% for overdraft fees. get this, a report from the consumer financial protection bureau, the new government agency, says banks collect $32 billion in overdraft fees a year. majority of those fees are collected on overdrafts of $24 or less and most of them are repaid in three days. well, an overdraft fee of $34, the average on a $24 debt, paid in three days comes to an interest rate of 17,000%. if you have a cell phone there's a good chance your bill has charges that you did not authorize. a new report says cramming has cost phone users hundreds of millions of dollars. cramming is when third party put charges on your wireless bill

for services you did not order like ring tones. the celebrity says phone carriers aren't doing enough to stop it, no lie. carriers say scammers have created elaborate schemes to avoid detection. the upshot, check your ball and challenge the charges. call your telephone company right new and say i don't want any third apartment charges and nobody can add anything. the problem is that you can't donate through texting. you know how we do that. but that's the only thing you're cut off from. >> interesting. >> thank you, michael. up next, the emergency over dead anchovies and what's being done to clean up a really smelly mess. >> coming up new at 5:00, just into the newsroom this past hour, the results of an ordered review of the new bay bridge project debacle. did caltrans try to find fault. an

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lather's tonight's primetime lineup, at 8:00 it's "the quest" followed by "rookie blue" and "ny med" and then the news at 11:00. for the second year in a row santa cruz harbor has been inundited about dead anchovies and it's causing a cleanup headache. if they are not cleaned up fast it will cause a stench headache. david lieuy is live from the harbor where this is all unfolding. >> reporter: some say thereby a million dead fish in this water. quite a feeding frenzy going on right now and soon it's going to be a matter of that step that's going to be develop and the hulls of boats will get coated with slime so quick action is needed. trudy has launched a one-person campaign using a broken net to skin the dead anchovies overtaking the docks. >> well, a buck at a time and once that's cleared up i come back in and they will still be

back here again. there's just millions of them. >> reporter: a huge school of anchovies swam here seeking shallow water to avoid being eaten by whales and other predators but the large number depleted the oxygen supply and the anchovies die and sink and as they declay they float to the surface. even more can be seen alive but they, too, will be casualties soon. >> have you ever seen this many dead fish before it is. >> no. >> what's your reaction? >> just sad. >> this is the fifth massive anchovy diouf in five years it santa cruz. the most recent last october when tons of dead fish had to be scooped up and hauled away at a cost of $10,000. sea birds have come to the harbor to gorge themselves and harbor seals have come as well. the stench will soon become overwhelming. >> as they decay it's going to kill more because the decay process takes oxygen so it

probably will get a little bit worse. >> reporter: harbor did install aeroators to oxygenate the water to prevent the fish kill. can you see them in operation but they didn't work. >> they have the aeroators on as far back as they can go and i think it definitely helps but if there's too many fish there's only so much air we can force into the water. if there's just too much we want keep up. >> reporter: an army will of volunteers is being formed to scoop out the dead anchovies in the morning, a process exexabouted to take five days. dead anchovies are causing another problem. health officials here in santa cruz county warn that bacteria levels are exceeding safe levels for swimmers at three area beaches including santa cruz's main beach. they say that situation could exist for several days. reason given is the large number of sea birds feeding on the dead anchovies. live at santa cruz harbor, david louie, abc 1 news. >> david, thank you, jinx thanks

for joining us. for abc news at 4:00, the news at 5:00 begins right now. >> a horrific accident in palo alto, an elderly driver jumps the curb plowing into people at a cafe. >> we have approximately six people that are wounded. >> also ahead, ugly allegations of racist threats against workers at b.a.r.t. what they are telling abc news tonight. >> now the newest outfielder for the red sox. oakland picks pitching over power and fans are mixed. >> no guarantee, no guarantee. >> it might be a good deal for us. >> i'm abc 7 news meteorologist sandhya patel. i'll let you know what to expect for your hot weekend plans coming up. empty chairs and discarded papers, all that's left after a driver loses control crashing

into a cafe that was filled with people who were eating their lunch. >> you could hear the tables smashing into each other and then people were actually screaming. >> how frightening. good evening, etch. i'm larry beil. >> and horrific accident sent several people to the hospital. police say a man in his 11s was trying to park his car when he hit the accelerator instead of the brake this. happened at university and bryant close to sanford university. leanne melendez joins us from the scene. >> as you can see from behind me, they are beginning to repair the windows of the university cafe. the driver is 90 years old from san jose. police say alcohol and drugs were not an issue here. it was just a terrible accident. >> i just saw this man just driving into the table. >> reporter: this woman was having lunch at university cafe. she had just left her table when this car plowed into the cafe. she narrowly missed being hit.

>> and there was a man with his hip completely displaced, like a war zone. there was another man next to him who was bleeding. >> i was going oh, my god. i hope it was -- i hope nobody got really severely hurt. >> you could hear the tables smashing into each other an people were actually screaming. >> reporter: this man works across the street from the cafe and says the driver stayed in his car for a while. apparently he just stayed in the car. it looked like everyone else on the ground like someone was twitching so they were in way worse shape than he was. >> sky 7 hd caught the moment when the driver was escorted by police to another car to be questioned. police say alcohol was not a factor. >> and a man in his 90s was attempting to parallel park in front. restaurant he accidentally hit the acceleration instead of the brake, thus pushing the car up on to the curb and into the front of the