Missing from the nursing home. Laura anthony is chasing the story. Mr. Baskin has been a missing person many times in the past. Reporter the county sheriff say a resident apparently walked away from a nursing home october 25th, thats one day after it was ordered closed by the state. The missing man is 65yearold baskin, a resident of the Valley Springs man nor nursing home. Just because its mr. Brbask dont believe his at risk. Reporter sheriffs say the fbi is growing the number of agencies. The state ordered the facility closed last thursday but 14 elderly patients were left inside for three days after that under the care of just two staff members. Including cook maurice roland. We need a little more help than we had. Reporter he and another employee stayed on straight through for three days, even though they knew they wouldnt be paid. I cant see myself leaving the residents. I couldnt do that. Maybe they would have try to cook for themselves and burn the place up. I cant have that on my conscious. Nobody contacted us. Reporter gary wood returned to Valley Springs to move out his wifes belongings. I dont understand why it wasnt notified and if there was this problems, i think they would tell me. Reporter senior advocates say much of the blame for what went wrong falls on the States Social services department. They are the ones thattished the closure and are supposed to work with local agencies and they didnt. Reporter a spokesperson for the state admitted today his department did not follow its own procedures for transferring patients from Valley Spring and an attorney for own eer hilda manuel maintains residents were not abandoned and staffing was adequate to meet the needs. Police confirm what witnesses told abc 7 news a week ago that a sheriffs deputy shot and killed a 13yearold boy moments after he arrived at the scene. The victim, 13yearold lopez was holding what turned out to be an air soft gun designed to look like an ak47. They say it happened so quickly the deputy fired seven shots before the second deputy who was driving could even get out of the patrol car. By the time he exited the car and took a position of cover behind his opened door and by the time he was capable of engaging the subject with his weapon, that the threat no lo longer existed. All of that happening in ten seconds. Deputy eric gilhouse doesnt remember if he identified himself before opening fire but were told he isnt required. Fourcar crash happened in the richmond neighborhood. Police say the driver of the stolen vehicle, the cash left that lexus suv flipped over on the roof. Two other cars damaged. I noticed this lexus suv blast through the intersection through the red light and contacted. It ended up in the air and barrel rolled and landed on the roof. Scary. Officials say the victims injuries are nonlife threatening. One heard silence but San Francisco police say there was no chase of any kind. A body has been found in the area where crews have been searching for a missing san jose man. 65yearold walter stefer was not seen since last week when he went mining in the sierra. The search started monday. A body was found 15 00 felt from his vehicle. Sheriffs official say there is no obvious cause of death. A positive identification is pending but it could be the missing man. Aldon smith is out on bail after turning himself in to face felony weapons charges. He was released on 75,000 bail after surrendering. The charges came after illega y assault weapons were found and investigators were investigating a stabbing. He was on leave after an accident and dui arrest last month and expected back in court in november. Late today a jury convicted a teenager of attempted murder and stealing the lamborghini of guy fiarri. The jury decided 19yearold max wade stole the 200,000 car in 2011 to impress a girl. He himself testified on pomonda as we reported, he could face 30 years in prison when sentenced in december. While students at a San Jose School got a tough lesson on crime over the weekend a thief broke into the Technology Room and made off with 31 new ipads and charging stations. Its hard because the school held fundraising events for two years to buy the stuff. Many families dont have computers at home. I feel terrible because we spent last year fundraising for it. Its really dif staevastatin the entire community that we lost it a huge amount of money. It really is. The laptops and ipads are valued at 70,000. Thats not enough to meet the schools insurance deductible. The school is left with 30 ipads and 60 laptops for 550 students. Janet napolitano is making waves at president of the university of california system. She announced she will immediately allocate a total of 15 million in state funds to support undocumented students post doctor fellows and grad students. Protesters challenged her on the issue of immigration when she spoke at a high school in oakland. Jonathan bloom was there. Lets give a big bulldog welcome to president janet that pal tan know. Reporter she has a message for students, college is within reach. If your family makes less than 80,000 a year, you pay no tuition at the university at california, not a single dollar. Reporter here at Oakland Technical High SchoolMany College Bound students will need financial help. 83 of students graduate, 5 higher than the average. She hopes more will stay in school if they know it will get some somewhere. Think about your passion, your own choices, your pathway up the hill from today. Reporter as that she was speaking, there was protesters. A small group of mainly uc students point to record numbers of immigration arepss and deportations while she was head of homeland security. She attacked oakland and were saying shes not welcome. Reporter some worry she would bring heavyhanded immigration policy to campuses. High School Students are thinking of not applying to the uc schools just because she is there because they are undocumented or families are undocumented. Education not deportation. Reporter when we porters asked about concerns, napolitano responded. Well do all for first generations students, whether documented, undocumented thats ever been done and looking for ways to do that and i would say watch what i do, dont rely on rumors from the past. Reporter napolitano plans to visits other schools. Coming up next, here is one you dont want to miss, the death defying of linemen. How is this for a way to get to work . Back where they belong. Where these massive excavators showed up. Im here with the accuweather forecast center and ill let you know whether halloween weather will be a trick or treat. Stay tuned. And dance moves banned. The high school that [ male announcer ] the founder of mercedesbenz once wrote something on a sheet of paper the challenge always accepted. And the calling forever answered. Introducing the allnew 2014 sclass. Mercedesbenz. The best or nothing. In nevada watch for overnight road work north and south pound between state park and check in with me weekday mornings. Sell brcelebrating in bosto is a picture where red sox fans are celebrating the big win in the world series over the cardinals four games to two. They won the final game 61. Its the third championship in ten years for the red sox. Pretty good game tonight and series, as well. Larry biel will have highlights later on in the sports segment. Boston red sox win the 2013 world series. Drivers may have thought they witness add super hero today. Check this out. Sky seven hd caught up with them. It was a pg and e worker lifted to the top of a tower in the middle of San Francisco bay. Several transmission lines went alongside the bridge and pg and e says the work is part of a 10 Million Dollar project to upgrade work. The utility is using helicopters to avoid closing lanes during the process. The work will continue through the end of this year but how many times have you been stuck on traffic in the bridges and wished somebody could pluck you away like that and take you to your destination . Two massive pieces of Construction Equipment turned up following a theft we first reported at 11 00. The excavators were taken from a job site in clayton and found last night near biron. Believe it or not, this crime is part of a costly trend. Abc 7 wayne freed man has the story. Reporter it is not exactly the kind of item you stick into a hip pocket and walk away with, a 20,000 pound caterpillar extra va tore and two disappointed last week much to the surprise of project manager manuel ortega. They were sitting across the road over there on the shoulder. They had actually tracked both of them out about 100 yards on the road it selfand load them on a trailer. Reporter it the latest trend in thievery, heavy equipment. Ten such heists this year alone. The dmv does not register such equipment making it more difficult to track. They could actually, the extra va tore put it on craigslist and somebody can unwittingly purchase the equipment not realizing its stolen. Reporter last night an arrest, the chp took 47yearold nickelous in custody and returned the excavators to the rightful owners. They were mostly in tact. You see this green stripe . There is more than one on every piece of equipment. The thief or thieves pulled them off. Were still missing two light towers and were missing a bucket and our rock wheel. Reporter do you have hope on getting them back . I hope so. The rock well is expensive. Reporter she spoke for the company and said for people to learn about the thefts on the news, the equipment might still be missing. It remains an active inveps gages, hence, hush hush. Were concerned there may be more equipment stolen on other properties, so we dont want to disclose all the information. Reporter and with it, a new definition for highway robbery. In oakland, wayne freed man. A man ticketed a woman for wearing google glass. It disscribes it driving with monitor to visible driver with the specs. A state ordinance bans monitors in a drivers field of vision but without a court ruling not clear whether this law applies to google glass but we shall soon find out as more and more people try to wear them. A California High School banned twerking at the school dances. Students at the high were mostly split on the twerking crack down. Some agreed it would be out of place at school. Plenty of music and stuff to do, you dont need to add the sexual thing in there. Twerking isnt appropriate for high School Students and nobody is going to do it. Its not bad. Its like a dance and everyone does it. It just a dance like Everything Else like Michael Jackson did his thing and elvis. We should be able to do our thing. The first true test of the rules came over the weekend at the schools homecoming danlts chl the principal would not comment but students say the moves do not entirely disappear. There was some unauthorized twerking. Tomorrow night you and your k kids are likely the g trick or treating. They recommend trick or treating in familiar neighborhoods and carry a flashlight with frsh batteries or a glow stick and stop only at houses with lights in and dont let your kids g into a strangers house for any reason at all and dont take shortcuts and put reflective tape on your kids costumes and dont take anything that could be mistaken for a real firearm and dont let your children eat candy until you inspect it and police are ughing motorists to not drink and drive. No texting and driving and thats especially true over residential areas and protect kids having fun there and you dont want that marched by a mistake. Be safe and have fun. Have fun. You should have fun because spencer says the weather should be nice. It will be great weather tomorrow and into the evening hours. Cool, of course, after the sun goes down. I got my vacuum cleaners ready to go. Youre ready for trick or twerking. Clear skies across the bay area, all across the bay area now, a lovely cool evening. A crisp one. A live view from the rooftop camera, temperature readings 54 in San Francisco and 52 in oakland and 50s everywhere, san carlos and the Golden Gate Bridge and temperature readings around the bay area 49 santa rosa and you can see the north bay is really cooling down. That will be the chilliest region. Mid 50s at fairfield, concord and liver more and a live view from the east bay clear skies there and the forecast will be clear and chilly in some spots. Sunny and warm in the next few days and weather will be a halloween treat for halloween tomorrow. Satellite shows that low pressure system and Stormy Weather sunday, monday moving well inland away from cam cal a quiet pattern settling into the bay area with us for awhile so tomorrow, halloween, we can expect sunny skies and mild to warm conditions and there will be happy goeses and goblins around, no doubt. Now here is your trick or treat forecast for tomorrow afternoon and evening. Late afternoon it will be still warm up to 70 degrees at 4 00 p. M. With sunny skies and 6 00 before sunset sunny and temperatures in the 60s and after dark about 8 00 p. M. Or so chilly and a little spooky outside at that hour but nice for trick or treating. Overnight tonight, clear skies and chilly with lows dropping into the mid to upper 30s and low to mid 40s over most of the remainder of the bay area and tomorrow, halloween, sunny and mild and high temperatures in the low to mid 70s. 74 in morgan hill and the peninsula from 69 no san mateo and 6 in pacific. Up in the north up in and around San Francisco i should say 66 downtown and 67 in south San Francisco and 63 in the sunset district. Off in the north bay on the coast, low to mid 60s from the bay to stenson beach and north bay 7 3 san to rosa and napa and east bay high 69 and 73 Castro Valley and 72 and inland east bay will be nice and mild as well and a little spooky there with highs ranging from low to mid 70s. Here is the accuweather sevenday forecast. Mostly ghostly tomorrow and milder on friday with highs in the mid 70s inland and around the bay. Mid 60s on the coast. Mild over the weekend but slightly cooler and dont forget to set your clocks back over the weekend as we fall back to standard time. Great seven days ahead. Looks nice. Thank you spencer. Still to come on abc 7 news at 9 00 a bracelet that female narrator the mattress price wars are ending soon the mattress price wars are ending soon at sleep train. Weve challenged the manufacturers to offer even lower prices. Now its posturepedic versus beautyrest with big savings of up to 400 off. Serta icomfort and tempurpedic go headtohead with three years interestfree financing, plus free sameday delivery, setup, and removal of your old set. When brands compete, you save. Mattress price wars ends soon at sleep train. Your ticket to a better nights sleep a team of students at mit is working on a device that could headache the air c headachmak conditioner obsolete. It could send pulses of hot and cold to the skin. The students figure its not how hot or cold we are but think we are and if you put something cold on the body at a constant temperature the body will adjust and perceive it cold. Perhaps youve done that with a soda can. Shes the American Doll and a group of artist proves that youre never too old to play with barbie. She had more than 130 careers to date including astronaut, tennis star, police officer, cowgirl, but you never seen her quite like this. The 11th annual altered barbie exhibition opened in San Francisco. Dozens of artists transformed that plastic icon into unique art reflecting our current society. Relates to all cultures, she relates to all economics and she and it fun to play with her, so basically, it results playing with barbie and turning her into art. Altered barbie vents continue through november 17th. Blasted with criticism over the Health Care Website fiasco. If youre wrong if you have will you go into the exchanges . If you can will you . Thats part on fwrgrilling gn as Congress Fact gurs out who broke it. The hero bus driver who did the right thing. When you thug avo at volkswagen we believe everyone deserves a better car. And now, during the sign then drive sales event, youre closer to yours than ever. Like the turbocharged tiguan the midsize passat or the 34 highway mpg jetta. And every new 2014 volkswagen comes with nocharge scheduled maintenance. All for practically just your signature. The sign then drive sales event is back. And its never been easier to get a new volkswagen. Get zero due at signing, zero down, zero deposit, and zero first months payment on any new 2014 volkswagen. Hurry, this offer ends october 31st. Now to a political storm in washington, the woman in charge of president obamas troubled Health Care Reform program ckat lean sebelius fielded tough questions and apologized for the launch she called a debacle. Jim avala was there for the fir works. Reporter official finger day on capitol hill producing a whatever moment from the woman on capitol hill. So youre saying the president is not responsible for hhs . Sir s i didnt say that. It is the president s ultimate responsibility, correct . Whatever, hes the president. He is responsible. Reporter in boston this afternoon, the president actually agreed. And i take full responsibility for making sure it gets fixed asap. Reporter at the often route grand stand of a 3. 5 hour circus. Who was in charge . Amazon would never do this. Reporter secretary sebelius is cut muttering as republicans trash the Affordable Care act from website to mandate with a rowdy argument whether the secretary should drop Government Insurance and buy from the marketplace like millions of others. But there was a full floated sorry to the american people. You deserve better. I apologize. Reporter the website crashing again in all the gory today as the creator spoke. The website as never crashed. It is functional but at a very slow speed and very low reliability. Reporter huh . Never crashed, really. Lets put the screen shot up. Reporter the house grilled the secretary about this memo the month before launch that warns not enough time in schedule to conduct adequate performance testing. None of them advised a delay. No one indicated that this could possibly