Shooting. That call came in near 105th avenue and san leandro street. One of the bullets hit a passerby in the stomach. Police found the car, the suspect was driving but he had already gotten away. A few hours later that same suspect attempted to carjack someone else but failed. Chp found him walking on 238 and the gun battle erupted. Its almost like he is in his own real life grand theft auto game except us using real consequences and bullets and you dont get to push restart. Alameda county sheriffs say that the suspect fired several shots at deputies before he was shot and killed. No deputies were wounded. A judge is giving south bay homeowners another chance to resolve a lawsuit over an autistic boy. Neighbors are trying to get the boy declared a public nuisance. Devin fehely on those who worry this case could set a dangerous precedents, devin. Reporter yeah. The judge today asked all the parties a loaded question, basically, do you want to be focused more on solutions or on lawsuits . Despite this legal battle and the obvious bad blood between these family, the answer today was solutions. He requested a judicial settlement conference for months. Reporter thats the father of the boy with a tim who is nighting to keep his with autism who is fighting to keep his 11yearold son declared a nuisance in his neighborhood. This is about autism. All the acts in this case which have been blown out proportion resulted from the fact that thisboy has a significant developmental disability. Reporter but the families who filed the lawsuit against their nextdoor neighbor and the couples 11yearold autistic son say its not about the boys disability, rather, his behavior which was violent, unpredictable and out of control. Not only were our children in peril on a daily basis when we were there, um, but if things didnt change, someone was going to get hurt tragically. Reporter the lawsuit is a lightning rod for criticism in part because it says that the childs pattern of violent behavior coupled with his parentss lack of supervision hurt Property Values in the neighborhood. Our primary focus and the only reason we felt that we had to file this lawsuit was the safety of our children from the ongoing violence. Reporter the judge urged all three sets of parents to heal the rift of this community and work out their problems in mediation but parents of children with special needs say they are deeply concerned about the lawsuits potential impact. I feel sympathy for all the families involved in this case. But i am scared of the precedent this will set up in the future. Reporter now, the judge today picked a very respected jurist the former presiding judge for this Court Circuit to help these families end the conflict. In san jose, devin fehely, kpix 5. The judge set aside the month of october for mediation. But if the talks fail, the lawsuit could resume in november. Authorities a step closer to solving the mystery surrounding a missing family from benicia. Adam buchanan his wife and 7 nearly son have been missing since last weekend when their El Dorado County cabin was gutted by fire. Two bodies have now been found inside the cabin, but have not been identified. We dont know if that means one person got out. We dont know if that means they havent discovered the third. We just dont know. Um, so unfortunately, i think we dont know at least as much as we know. After the fire, police checked on the buchanans benicia home where they found their older son. In the past hour president obama signed a federal disaster declaration to help the victims of the valley and butte fires. It will allow federal funds to be used in the recovery efforts. The valley fire has destroyed 1200 homes and 700 other structures. Its 75 contained. The butte fire has burned 545 homes, it is now 80 contained. Well, san jose has a new fire chief. Curtis jacobson has served as interim chief since february when the former chief retired. He has been with the department over two decades and has worked his way up the ranks. Prior to becoming interim chief, he served as deputy chief division chief and fire marshal. Pope francis has begun a sixday visit to the united states. [ applause and cheers ] the pope was greeted with cheering and given a red carpet welcome as he stepped off the plane at joint base andrews outside washington, d. C. He was greeted by the obamas. Cbs reporter Craig Boswell following the holy father on his tour. [ applause and cheers ] reporter pope francis set foot in america for the first time this afternoon. President obama and the first family greeted francis at joint base andrews in maryland. The visit will be a time of celebration for millions of catholics. Just to be near him is wonderful. Reporter but its a security challenge for Police Agencies in washington, dc, new york and philadelphia. They are concerned about lone wolf attacks, especially during one of the popes unscripted stops. It is all hands on deck. Reporter paul leads the fbis Washington Field office. I would say its one of the largest if not the largest special event we have ever seen here. Reporter about 25,000 people are expected when the pope says mass tomorrow outside the basilica of the National Shrine of the immaculate conception. The archbishop of washington watched over lastminute preparations. Its all very exciting. But you see now the altar in place to see how all of the spaces become a church is very, very exciting. Thats Craig Boswell reporting. Now, while he is here pope francis will be making spanish missionary Junipero Serra canonized as a saint. He built missions and introduced agriculture, Spanish Language and literacy to californians. Some groups are opposed to the honor because in the years that followed, native populations were mistreated. A rule change regarding child seatbelts. Why some parents arent on board. The plan to allow cyclists to break the law on one bay area city streets. You asked for cooler weather. And you received. Dublin is sunny. Anywhere near the water is socked in with cloud cover and its 25 degrees cooler today. Well talk about what happens next in about 10 minutes. And he may need a bigger paddle. A california kayakers fight for his life when a hammerhead, parents and caregivers in california will have to get used to some new car seat regulations. They are supposed to keep little kids safer. As consumerwatch reporter julie watts explains, not everyone is thrilled. Julie. Reporter veronica, a few years ago, and i know you do know this, the recommendation change from keeping your kid rear facing until they are one to keep young rear facing until they are 2, 40 pounds. This girl has been trying to get out of this car seat since we started which is why some parents decide to turn the car seat around before the kid is 2. That soon will be illegal. How old was your daughter when your turned her forwardfacing . One year. Just over a year. Reporter ask most parents with older children and thats the answer you get because, well, thats the law. But talk to parents with children under two and youll learn they know the car seat recommendation has changed over the past few years. When do you plan on flipping her . Two years or older . Why . From information that i have read online and in books, its just advised that you keep them facing backwards as long as possible. Reporter as of today, that advice is law. The governor signed a bill which nearly doubled the time children must stay rear facing in the carseat and with anything that impacts our kids reaction is mixed. Reporter two years old, 40 pounds or 40 inches. Wow, youre kidding. Im all for it but it seems excessive. I have friends with small cars and it doesnt allow them to put the seat rear facing for a long period of time. Her size she was first, you know, um, to cry then her feet she could not move her feet. Reporter parents think 35 to 40 is too large for kids to comfortably sit backwards with their legs against the seat but Safety Advocates argue the discomfort may be worth it. The American Academy of pediatrics cites a study that found children under 2 are 75 less likely to be injured or killed in a crash when they are rear facing. Still 75 of parents flip their kids around before theyre 2. I think it should be up to the parent as long as they have the property seat. Reporter forward or rear facing car seats . What do kids think . No comment . Other thing to keep in mind. Well, first of all, rear face something always safest and thats rear facing is always safest and one of the things to keep in mind, the number of heat stroke related deaths from parents forgetting their kids in the car skyrocketed when the seat was moved to the back seat because children are concealed from view. So the recommendation is stick your phone, key fob, wallet, whatever it takes next to your child in the back seat to remind you in one of those really busy mornings that theyre there. First of all, im so happy that heartily is over the age of 2. I wonder if you can answer this. I see you have cecilia in the middle of the back seat. Is there a law that says that the baby should be right in the middle, to the left, to the right . Is there a better position . Reporter there is no law that says the child has to be in one position or another. But chp will tell you that middle is best because if they get hit from the side they have more protection. But not all cars have the ability to latch them in the middle so it depends on the car. You have to look at the owners manual. All right. Appreciate it. Say hi to cecilia for me. Reporter i will. Thank you. Well, speaking of cars, volkswagens diesel deception scandal just got a lot bigger. Today the german automaker admitted 11 million of its cars worldwide have software rigged to cheat on emissions tests. The companys u. S. Chief apologized saying, quote, we totally screwed up. Volkswagen is setting aside more than 7 billion to pay for the fallout. Vw shares closed down 20 again today. A rough day overall for the markets. Stocks fell 1 over fears of slowing global growth. The dow was down 180. Nasdaq down 72. S p down 24. All right. Go ahead and roll on through that stop sign. Why some city leaders are pushing to give cyclists a free pass. He has been a president ial punch line. Tonight do,,,,,, San Francisco could be giving cyclists the green lined to break the traffic laws. Mike sugerman on what some say cyclists should be allowed to roll through stop signs without stopping. Mike. Reporter kenny, San Francisco bicyclists have been under the gun in the last couple of weeks this summer really because of one of their habits and it might be changing. Bikes like cars are supposed to stop at stop signs but most dont if its all clear because drivers and pedestrians complain, cops near Golden Gate Park started handing out tickets to bicyclists for doing it. That got the Biking Community in an uproar and pro biking supervisors at city hall today announced their plan to let bikers roll through stop signs if its safe. It was met with opposition from Safety Advocates. To expect everyone to come to a complete stop at every, single intersection even if there are no pedestrians or cars at that intersection is just not how people bike and its a surefire way with that kind of tickytacky enforcement to make sure that fewer people cycle. Bicyclists decide when its safe not only for me but for them and other vulnerable pedestrians. They are pandering to a large interest constituency. Reporter its called the idaho stop because its legal in idaho but its illegal in california. If it passes, it would direct police to make it among the lowest priorities to enforce. San francisco ignoring state or federal law . Eh, it happens quite a bit. At 6 00, well take a look at some of those instances. In San Francisco, mike sugerman, kpix 5. San Francisco City leaders making it easier for students to report campus sexual assaults. Two signed an agreement improving the process. To make sure that when theres a survivor, someone has been victimized by asexual assault, they dont get cut off in a bureaucracy where they get bounced from one organization to the other. The agreement spells out how the campus and Law Enforcement agencies will coordinate respond and help students who report a sexual assault. Other bay area headlines tonight three men charged with felony assault for the brutal attack on a vikings fan after a 49ers game at levis stadium. They were in court today. The attack was caught on cell phone video. The man was beaten unconscious in the parking lot after the game on september 14. A Security Guard who tried to stop it was also beaten up. Tonight the Santa Clara City Council will be talking about the possibility of ending all alcohol sales at halftime during the 9ers games. Police say there are an average of 30 arrests per game mostly for drunkenness. Some say its better to tighten tailgating rules. Palo alto police are searching for a man that looks like this. He is suspected of punching a woman in the head as she was pushing her baby in a stroller. He took off running with her purse on sunday. It happened on middlefield road near loma verde avenue. He is described as a man in his 20s about 54 with a full beard. Today Hillary Clinton unveiled a plan to tackle what she calls outrageous price gouging in the special drug market after a Pharmaceutical Company raised the price of a pill by 5,000 percent. Almost overnight. Clintons prescription plan would cap out of pocket costs at 250 per month. The democratic president ial candidate says that it would protect consumers and put an end to profiteering. Meanwhile, donald trump getting ready to go face to face with stephen colbert. I know what thats about. The gop frontrunner is the headliner for tonights late show. He got out of a limo and waved to fans before walking in the side door of the ed sullivan theater earlier today. Colbert has mocked trump throughout the two weeks as late show host. You can catch the interview right here on kpix 5 after kpix 5 news at 11. A kayaker off the california coast found himself in the fight for his life against a hammerhead shark. Mark mccrackens gopro was recording when the shark started ramming and biting his kayak near santa barbara. Posted the video on instagram saying he had to hit the shark over 20 times. The shark wasnt giving up. And just kept coming back for more. Mccracken finally had to get out of the water. He was not injured. Id say he was lucky. Yeah. Huh . I think youre right. Shark got a headache and yeah. Big hammerhead hurt. Thats the product of warmer ocean water. Despite that you get the flow from the ocean and it gets chilly and boy do we have a change today. Livermore 103 . No. 75 degrees at 3 00 this afternoon. Still 75 now. Up to 30 degrees cooler today. Most of you between 20 and 25 degrees cooler. Hello, mother natures air conditioning san jose only 69 degrees. San bruno 61. Santa rosa 68. Temperatures literally falling off a cliff in san jose. Sunday you hit 95. Monday 97. Today, 75 degrees for a high. It will be chilly tonight especially in the north bay santa rosa 51 your low. Vallejo 57. Redwood city 53. San jose 56. By the way, fall begins tomorrow morning. Temperatures fell today but fall officially begins tomorrow at 1 21 a. M. We say goodbye to summer and hello to fall. A little more falllike pattern for us or in San Francisco the summerlike pattern with the onshore flow. Theres no big High Pressure zone now. Two areas of low pressure will scoot south and east. Its about a big broad area of low pressure to the north keeping the onshore flow going. Its going to be here for the next seven days. Theres not one day thats going to be too cold nor will there one day thats hot. We are going to in between. Mother natures air conditioning helping out because the ocean temperature right offshore of San Francisco bay just to our west out toward the farralones is sitting at 59 degrees. So that will moderate our temperatures where we will not be cold, but we also will not be hot. Well be foggy in the morning for the next several mornings. Low clouds and fog coming back tonight. Now, the next couple of days will not be as capitol hill as today. Well be several degrees warmer but well cool down again for the weekend. Tomorrow really comfortable, close to average temperatures. Should be a Beautiful Day in San Francisco. The afternoon sunshine will be back. 71. San jose exactly average with a high of 82 degrees. Palo alto, 80 degrees. Beautiful on the stanford campus. Fremont 79. Hayward tomorrow 77 degrees. Back to the 80s only the 70s today in walnut creek and san ramon. You will be in the mid80s tomorrow. Pittsburg 85. 72 in sausalito. Novato 80. Napa 81. Santa rosa 83. And windsor tomorrow 81 degrees with afternoon sunshine. There will be morning clouds. Warmest day will be thursday and friday but not very hot. Then well cool back down for the weekend. The first full weekend of fall 70s near the bay, 80s inland and well stay moderate next week. Theres only one thing missing from that nice sevenday forecast. Rain. We are still dry. At least its cooler so yeah. Two out of three aint bad. A little cloudy and cooler no rain so two out of this it was nice today. Thanks, paul. Dont want to wait for your frappe . Theres a app. Theres a app. How you can and we just couldnt say thno to that face. Ns then we wanted more of that local flavor so betty says. Oh yeah, thats betty. Youre going to want to do this alligator thing. And betty didnt lead us wrong. A little later we passed some dancing. And who doesnt like dancing . Especially when its followed by fireworks everyones nola is different. Follow yours. Forget about the lines at starbucks. The coffee chain is making it easier to get your morning cup of coffee. Starbucks released a new ordering app today. You knew this was coming. You can place your order and pay in advance at the location you choose and minutes later your drink is ready for pickup. The starbucks app is available for iphone and android devices. The boy nobody as the clock kid wont known as the clock kid wont be going back to the school that suspended him. He was arrested after he brought a homemade clock to his texas school to show off to his teacher. He was kicked out when th