Part of evidence in the gone girl kidnapping case but may have to be thrown out. Melanie is here to explain why. Reporter weve heard from the victim in that Home Invasion case. He testified and described waking up to a man dressed in black, shining a flashlight and making demands. The man who lives in this home, testified the robber woke him up and said your daughter is okay. Listen to what i say. He said the robber tried to tie him up, but he fought back. The robber, he says, hit his head with the flashlight. He says his wife ran to the bathroom to call 911. The victim says the robber left the home when yelling for his wife to get tthough they didnt. Matthew muller was identified by his cell phone. Detectives bypassed the locked phone by calling 911, got the number, and that the phone was registered to mullers parents. Evidence his attorney wants thrown out. If you want to search something with a warrant, have you to make that clean. Reporter if they believe there was an urgent need for the evidence without a warrant, the evidence could be considered. Not nervous. Im confident. Reporter the judge could have implications on this case and a possible federal case as well. The cell phone led to muller as a suspect in a march vallejo kidnapping. Police called that a hoax. Months later, investigators found evidence linking muller to that crime in his South Lake Tahoe home. Muller has not been charged federally yet. New federal documents filed on friday reference and interview he did in jail with another reporter that the jail recorded and it says here in the documents muller acted alone and attributed his behavior to a side effect from a vaccine. Out of oakland, police are searching for a gunman after a homicide on 23 are the street 23 rd street and Martin Luther king way. Follow our updates on twitter. Now, breaking out in bay point, firefighters have found a body inside of a shed that caught fire behind a house this afternoon. Sky 7 was over that home just minutes ago on shore road near lake view drive. Firefighters found the body when they went into the shed afterwards. No word on whether the person died from a fire or before it broke out. A man is in Critical Condition tonight at an Oakland Hospital after bart police say he shot himself during a struggle with police on a train platform. Its part of a growing trend between police here and in oakland. Were live with the latest. Laura . Reporter hi, ama. Bart police are separate from the city of Oakland Police department. But what happened here last night is just the latest example of what is going on between police and suspects in this city. Tuesday night, two bart Police Officers wrestled with an armed man on a train platform. The man shot himself. The officers daysed him but never drew guns. This is not an officer involved shooting. Reporter this is just th latest violent encounter between police and suspects in oakland n 2013 there were 21 assaults on Oakland Police officers. 16 last year, so far this year, 26. An increase of 63 . Its a difficult time in this country to be a police officer. Reporter last month, an oakland officer was shot in the chest by a Sexual Assault suspect. Last week, a female officer was beaten by a man with a bike chain. In both cases the suspects were shot and killed by police. There is concern out there. Reporter former San Francisco police chief the director of international interstate yut of criminal justice at university of San Francisco. I think weve come to the point where we have to look at it in an objective way in terms of what the police can do, and what the community can do, to make our relationships better. To de escalate the situation. I am worried about the media attention. No one wants to be that officer accused of doing things they didnt do. Reporter assaults are up in oakland and so are officerinvolved shootings. Four were fatal. In oakland, laura anthony, abc7 news. The only remaining suspect from a murder on mundy avenue in san jose is in jail. Officers arrested a suspect last week. Police say Surveillance Video shows him terrorizing the victim before killing him. Investigators have not revealed a motive for the killing. Police shot and killed two other suspects in two separate incidents last month. A new tragedy in yosemite. A man reported missing three weeks ago has been found dead. 39yearold james millet junior. He never returned from a hike. His car was spotted over the weekend. A crew found the body yesterday. No cause of death given. A judge set a trial date for the man accused of killing sierra lamar three years after the teenager went missing. The suspect will go on trial april 25th of next year, investigators found sierras hair and dna inside of his car and garciatorress dna detected on some of her clothing. Her body has never been found. There has been a Major Development in the case of a San Francisco real estate tycoon convicted of art fraud. Attorney as agreed today that the art in question is worth far less than the 11 million thought. In fact, experts testified that paintings originally valued at sev7 million are actually fake. His lawyers are pushing for a new trial. The iteam showed us last week, he was in custody but later recaptured. New details about the case of an inmate who died in santa clara jail last week. It turns out he was supposed to be released to get Mental Health care. Abc7 News Reporter david louie discovered this and more in Court Documents today. Reporter 31yearold Michael James tyree died in custody at county jail. He was supposed to be getting treatment in a residential Mental Health facility. Records indicate that had a judge decided that over a month ago, but was waiting for a bed. He was found unresponsive in his cell after midnight on thursday. He could not be revived. The Coroners Office is not releasing results of the autopsy. Three correctional officers, all deputy sheriffs have been suspended. Search warrants were issued and served over the weekend as part of the investigation. Photos of the dead white inmate are not being released but a clear picture of his past is contained in Court Documents. A year ago, deputy as rested tyree loitering outside of a church with a small amount of methamphetamine in his pants pocket. Hes been arrested for possessing needles an syringes and being in possession of a stolen lap top computer from a local library. He was a transient and records indicate he also lived, for a time, in florida. A Ground Breaking held today for a new hotel in sonoma county. Its part of a 175 million expansion at the casino, sitting west of roanoke part. There is controversy over this expansion. Wayne freedman joins us live with the story tonight. Wayne . Reporter there has always been controversy. Take a look over my shoulder. They moved some dirt around, the actual construction work begins tomorrow, were told. More opportunity. Reporter for what still remains a glitzy rendering of roanoke park when they finish a 175 Million Hotel next to their existing and popular casino. Just ask these lady rz from pinole. Its almost like a vegas casino. Do you spend money here . Oh, god, lots. Reporter ill will bring a thousand local construction jobs and 150 permanent ones. That is good news here, but not for everyone. We have more crime here than petaluma, or santa rosa. Reporter Jeff Worthington has spent 15 years of his life fighting against the complex and losing. Before the casino came to town, it was a sleepy little city. Reporter deputies reported 641 crimes on site since the casino opened in november, 2013. Theyve responded to 2699 calls. And the head of the police union says. The problem is the people are arrested here after done gaming. Reporter the casino guaranteed the county five comblinl. For the tribal chairman, its one more distraction on a day when he, and his tribe believe it should be celebrated. What ive learned is patience. Two, that taking the high road always pays off. Reporter in this case, the high road is six stories tall. Wayne freedman, abc7 news. Still ahead here tonight on abc7 news at 6 00 how a life like doll like this one can improve your daily commute. But its a practice the patrol is watching out for. Why are local officials gearing up for a disaster like this . A forecast for flooding coming up. Im spencer christian. May feel autumn like right now, but well get a blast of summer warmth over the weekend. Ever put something away and couldnt find it . How that happened to the post [female announcer] when you see this truck. It means another neighbor is going to sleep better tonight. Because they went to sleep trains ticket to tempurpedic event. Through labor day, save up to 500 on select tempurpedic sets. Plus, get up to four years interestfree financing. Sleep riskfree with sleep trains 100day money back guarantee. And of course, free sameday delivery are you next . But dont wait sleep trains ticket to tempurpedic is ending soon your ticket to a better nights sleep with school back in session, more people are back on the road and some drivers are resorting to drastic measures to shorten their commute. There is creativity when using the carpool pain, but the chp is onto it. Reporter traffic in the bay is something all of us fight every day. It is exhausting and takes sometimes two and a half hours to get home. It just wears on you. Reporter with residents back from summer vacation, theyll see more congestion. On monday, Police Responded to a report of a baby trapped inside of a car. They busted the window, only to find the baby was fake. Now, it appears more people are using the doll tz find their way into the fast lane. A quick of ebay shows theyre selling for hundreds of dollars. Frustrating to see people just flying by in the carpool lane, without another person in the car without a sticker. Just doing it because they think theyre not going to get caught. Reporter the patrol says theyre onto the violators. We have our officers in perfect locations to be able to tak taken enforcement actions. Reporter they say its more than just about the carpool lane. When you have to rush and break rules and try to cheat using carpool lanes, other things are going to come into play, such as speed. Reporter many hoping speeders will cut the nonsense. Im not going to do it. Its not worth the ticket. The d. A. s office charged a man accused of vandalizing the all wars memorial. The vandals used a black and red spray paint to deface the memorial. Police say they appreciate the assistance and patience of the community in the arrest. California drought regulators ordered a business to stop diverting water from four mountain springs. The company, sugar pines spring water sells water to other bottling companies. They do have water there. The drought is worst than any in history, many are now preparing for severe flooding. We may be in for a very wet winter. Reporter kim daily explains whats happening in stockton. Reporter rock piles in stockton. That rock is maebt to rebuild levies in the delta if what happened in 1997 happens again, this year. Up and down the san joaquin river, 22 levy breaks during a strong el nino weather pattern. This winter, another is possible, which is why the state is storing this rock. This equipment is located next to the san joaquin river. Here is what would happen. Large barges pull up loaded with rocks. They go into the delta. Whenever the breaks might be. We know its coming. You know . We do steps every year. Just take more extra steps and get more ready. Mike runs the San Joaquin County office of Emergency Services and says its not just piles of rock, but better communication, Better Organization that should make the next el nino less of a threat. Its not just the 97 floods but this reve break in 2004 has the state starting to build flood response facilities. This design shows the stockton location where three barge was pull up, and return to the delta. He says some breaks are inevitable, and its the response that counts. In stockton, abc7 news. The as final game had a pregame ceremony today. And i was happy to be it. I sang the National Anthem today, had a great time, unfortunately the as lost 94. I performed the spar spangled banner before previous games and its a great privilege to do so. Not a reflection on your performance. You sounded wonderful. Thank you very much. Yes. When you say oh, say can you see . Today, we could. The clouds cleared away. And we can see it clearly now. Taking a look at live doppler 7 hd, things are looking calm around the bay area in terms of sky conditions. Its breezy out there. In the sierra, we have fire concerns and a red flag warning is in effect until 7 00 p. M. Lets talk about the winds gusting to 35 Miles Per Hour. 18 Miles Per Hour gusts in mountain view. Here is a view of the sky or a view of the beautiful sky from our emeryville camera. Low clouds stacked up near the coastline there. 71 in san jose. 64 half moon bay. Here is the view from our camera looking southwest. Scattered clouds in the sky. 72 and another live view over the view. Well see mild inland conditions tomorrow and friday. Warmer pattern in for the long Holiday Weekend and well have beach weather labor day as high temperatures soar, starting on sunday. A cool air mass is reinforcing the cool pattern we have now. Showers are going to go into the Pacific Northwest as you follow the time line here. And showers are not likely to reach into the bay area. Well continue to have mild, but cooler than average conditions through friday. Then, we get a warm up. Just as a matter of fact lets take a look at what you can expect from the warm up. Saturday, its a warming trend with high temperatures inland into mid and upper 80s in spots. Monday, we expect it to be the warmest day, with highs in the mid to upper 90s inland. So its going to be a nice, warm labor day. Warm conditions into next week as well. Overnight, low clouds near the coast and locally beyond the peninsula and bay. And into the south bay. North bay remaining mostly clear tonight. Low temperatures upper 50s. Tomorrow, well see low 80s inland. Here is the accuweather forecast. Once again, i emphasize that warming trend that begins on saturday. Inland highs in the mid90s. Upper 80s around the bay. Low to mid70s on the coast. That is were still here. Definitely. Coming up next, unusual highway hazard you may have encountered today. What happened to the chicken that fouled up the bay Bridge Friends are encouraging people to remember the oldest survivor of the San Francisco earthquake. Ruth newman was five years old when it struck. Today, we learned she died at the age of 113. Her death leaves only one known survivor still alive. He lived in marin county and is 109. He was just three months old in 1906 when the 7. 8 quake and fire destroyed most of San Francisco. Caltrans will put its new Smart Technology to the test on interstate 80 tomorrow. Signs have gone up and are designed to give you realtime information on the conditions youll face including recommended driving speeds, and how much congestion is ahead. The signs in this video are between gillman and university and berkeley. Tomorrows test will be conducted between 10 30 and 11 00 a. M. So check it out. A reminder for labor day weekend. Bart will be making repairs so there will be no trains from 12 01 saturday morning until late monday night. Bart will provide bus service between 19th street and transbay terminal in San Francisco. But you can expect it to be a very long ride. An east bay chicken is awaiting adoption after an eventful day. This getto was photo was taken. The patrol caught the chicken but not before it caused extensive traffic delays for thousands of drivers. Here it is. Someone started a twitter account for the bridge chicken. What the chicken needs is a home. The shelter says the chicken is getting used to its surroundings and is getting along with two other chickens that are there. It needs a fast track tag. Just ahead, the closest thing to an aids vaccine that has ever been developed and so far, has a 100 success rate. President obama travels to alaska, calling attention to chimit climate change. Chimit climate change. An afghanistan veteran, a chimit climate change. An afghanistan veteran, a it took leonardo and miriam years to master the toss. But just a few little steps to master depositing checks with the chase mobile® app. Technology designed for you. So you can easily master the way you bank. [is the staying awake part. T challeng gun shot your day sleep train has your ticket to a better nights sleep. Because when brands compete, you save during mattress price wars. And through labor day, save up to 400 on beautyrest and posturepedic. Get interestfree financing until 2019 on tempurpedic. Plus, helpful advice from the sleep experts. But this special financing offer ends labor day at sleep train. Sleep train your ticket to a better nights sleep 32 years after the aids virus was first discovered, a remarkable anoinsment. A new drug makes hiv 100 preventible. 600 patients have been taking the drug and none has tested positive for hiv. The study was released today. Lyanne . Reporter before being approved, Clinical Trials found a high success rate, well over 90 . Now, after two and a half years of offering the drug to patients, Kaiser Permanente says our results are better than that. Paul has been a daily regime of the drug to in Clinical Trials. My boyfriend is hiv positive. I met him a year and two months into taking the drug. Reporter now, instead of protecting most people, kaiser found the drug has been 100 effectiv