Intoxicated when he was spotted throwing up on the motels steps a little after 3 00 in the morning. And police say that 15 minutes earlier miller attacked a 70 yearold man and his son at the Marriott Hotel across the street trying to enter their room. The 70yearold was knocked out cold and suffered broken bones to the face. He remains in the hospital right now, recovering. Under what is called a trauma name so it is protecting his identity. I did speak to his wife by phone today who said that the family wishes to remain anonymous because miller was so volatile and even threatened to kill them. Millers sports agent jack real told ktvu that there is two sides to every story and weight until more facts emerge before commenting. Miller is set to appear in court on friday on charges of aggravated assault, elder abuse, threats, and battery. In San FranciscoTara Moriarty ktvu fox 2 news. A federal judge ruled against caltrans today in a controversial winding project. Environmental groups sued to stop the widening of a 1. 3mile stretch of highway 1 through pacifica. The environmentalists filed suit last year saying that the 50 million project would damage wetlands, harm wildlife, and block coastal views. The lawsuit says that caltrans failed to honestly evaluate the projects impact on the endangered redlegged frog and the San Francisco gardner snake. Today they ruled that the environmental approval for the project is invalid. That means that caltrans will now need to obtain a new biological opinion from federal wildlife officials. If they intend to go forward with the project. New at 6 00 tonight despite an effort to prevent Illegal Dumping in oakland that is a problem that doesnt seem to be going away. Ktvu Paul Chambers is showing Surveillance Video and showing people that not only dumping trash, but they are setting it on fire. Reporter take a closer look at the upper left corner of your screen. A video showing someone driving up, illegally dumping trash. About half an hour later someone comes up and torches the pile. Somebody came in here and lightened up the garbage lit up the garbage over here. Reporter this is the scene now. Burt furniture and a scorched tree. Weve seen illegally dumped trash, but this is way too much dangerous. Some say they know where it is coming from. People are coming from hayward and san leandro. They know they can come to our neighborhood and dump everything at once for free. Reporter last week we search add couple of areas where trash was coming in, becoming a growing eyesore in east oakland. It has not been picked up. Im used to this unfortunately. We just have to stay on top of it until they come pick it up. Reporter five days later. A lot of the stuff here on thursday. That they have not been here. They must have other priorities, but we did call it in. Reporter as you can see it is still there across town near the intersection of 77th and spencer. This dump site was also called in. Again that problem wasnt solved. And i think that they can stop harming police and give more jobs to the community. And to help fight this from happening. Reporter and those who drop the trash off illegally, they can at least have a place to put it. The city leaders have installed cameras in some areas. Businesses are helping out by adding lights. However some say that it is still not enough. Reporter some people say that i take pride in my community and city and that i could not take pride by someone not picking it up. Absolutely. And i think that as neighbors we need to be able to report it. Reporter he says that plus enforcement should help reduce the illegally dumping issue. In oakland Paul Chambers ktvu fox 2 news. And muni launched a new shut service this morning to ease their overcrowding on the line. The San FranciscoTransit Agency said that they would operate two Additional Trains between 8 00 and 9 00 a. M. On weekdays between the embarcadero and ucf. Each train will do two loops adding a total of four shuttle runs to the morning commute. The overcrowding on the end that juda has been so bad to drop them completely to be full. If you are at church and dubois, sometimes that we will pass up over 150 people each morning. So this is critically needed for the first time as people will get an empty train showing up. The end of the line will be one of their busiest routes, estimating that 40,000 passengers will ride the line every day. Tomorrow is the day that they are expected to unveil their new iphone in San Francisco and rather than a new feature, all the buzz surrounds what it may not have. That there is speculation that the iphone 7 and 7 plus will not have that headphone jack for ear buds that they will reportedly rely on the Wireless Connection for their head funds instead, which means that they will need wireless head funds. And the speculation is based on the apparent leaks from apples asian suppliers. Well see if the rumors are tree and if they unveil that new line of products tomorrow at 10 00 a. M. At the bell graham civic center. On wall street the nasdaq would hit an alltime high today. Fridays soft jobs report, they put to rest their speculations about the possible Interest Rate hike this month. And the dow is up 46 points. Nasdaq closed 26 points higher and the s p gained six. Coming up, president obama makes history with his visit to the Southeast Asian nation of laos. The promise he made to the laotion people. The European Space agency celebrates a discovery of the lost lander on a dispant comet. Why Scientists Say it is a miracle that it was found. President obama is pledging a longterm agreement as he becomes the first sitting commander in chief to visit laos. The country was heavily bombed by u. S. Forces during the vietnam war. And the war left behind millions of unexploded weapons. The president promised to provide more support to help the country heal including 90 million over three years to help it clean up. Whatever the cost, whatever our intentions, war inflicts a terrible toll, especially on innocent men, women, and children. President obama is in asia until friday. Hell continue bilateral meetings through tomorrow before a summit with the association of Southeast Asian nations on thursday. The former fox news anchor Gretchen Carlson has settled with 20th century fox over their Sexual Harassment lawsuit that she filed against the networks recently ousted chairman roger ailes. The company also publicly apologized, saying, we sincerely regret that gretchen was not treated with the respect that she and all our colleagues deserved. Carlson filed suit two months ago alleging that he was demoted and let go after rejecting ailess sexual advances. A person familiar with the settlement said that carlson will be paid 20 million. And also today fox news announced that gretta is leaving. Shes been with fox for almost 15 years. Earlier this year, that she wrote that fox, they have not felt like home to me for a few years. Coming up, hurricane newton pounds baja, california. The clean up underway and where in the United States that the storm is headed next. Im tracking the warm up around here. Temperatures are on the increase as we head into your bay area wednesday. Fire danger is up. Look at the air quality. Spare the air day for you tomorrow. Well see you back here after the break. music plays from one way or another im gonna find y im gonna Getcha GetchaGetcha Getcha one way or another im gonna win ya im gonna Getcha GetchaGetcha Getcha one way or another im gonna see ya inhales cigarette the European Space agency celebrated the discovery of the last lander on a distant comet. The agency says that the space probe located the lander on the face of the comet ten years from earth. They sent back pictures showing that the lander was lodged in a dark crack with just two of their three legs that were showing. The scientists are hailing this as somewhat of a miracle because the probe has just a few weeks left before their mission ends and that it crashes into the comet. It is great to get an image. That we would have a really good idea that they were located in the region, but to actually have that image that it is definitely there and that it is the icing on the cake to get the image. The rosetta probe and the lander arrived at the comet in 2014. Scientists say they are learning a lot from the data, but knowing where the lander ended up will help to put all of that information into context. A wildfire burning in butte county is now 37 contained. The socalled saddle fire has burned about 850 acres and three structures. It started around 4 30 yesterday afternoon near the community of paradise. Cal fire says more than 350 firefighters are battling the flames from the ground and the air. Its burning in steep rugged terrain where the vegetation is extremely dry. No word yet on what caused it. In San Diego County crews began spraying for mosquitoes in a neighborhood east of downtown today after a person tested positive for the zika virus. Officials say the person had traveled to a country with active zika transmission, but crews also found potential host mosquitoes and larva near the victims home. So as a precaution, they are spraying a threeblock area of san diegos mt. Hope neighborhood. Prevention is number one. We just need to prevent the mosquitoes from occurring in the first place. Crews will be trapping mosquitoes in the area and testing them for the virus over the next several weeks. Officials say that there have been 34 cases of zika virus in san diego all of which have been travel related. People in Cabo San Lucas are cleaning up after hurricane newton made landfall this morning. The category one hurricane downed trees knocking out power. No deaths or injuries are being reported in mexico. That storm is making their way northeast up the baja peninsula. And it is expected to reach arizona as a Tropical Storm starting tomorrow and into thursday. The storm formally known as Tropical Storm hermine is now making its way up North Landing in new england. The Tropical Storm warning is in effect for eastern new york up to massachusetts. Waves are high along the Atlantic Coast especially in maine and rhode island. Lets talk more about weather now bringing our chief meteorologist mark tamayo, it is heating up. The temperatures came up a good five to eight degrees. You noticed the heat today. We are talking about hurricane newton as they came on shore near Cabo San Lucas. Check out whats happening here, pushing up into the gulf of california. Look at all this moisture here that it is streaming out into phoenix and albuquerque and el paso that it will be a really explosive combination. All the moisture is going up to omaha and that this hurricane moisture as the hurricane will fall apart that it will be pushing up to the central plains. That is going to create some volatile weather over the next two to three days. So the afternoon thunderstorms, they are certainly a real possibility throughout the plains. The fog along our coast are just offshore right now that it will be trying to reform, but weve got to set it up where there will be a lot of northerly winds aloft keeping them from establishing themselves and that is why those temperatures today that they came up 58 degrees. 91 in fairfield and 90 in concord and that it took a little bit of a hit too that you could look out to barely see mount diablo here and that there will be smoke from the fire that will be filtering in getting trapped in the layer, right . And that there will be a High Pressure here for them coming all trapped here. The overnight lows tonight, that they will be generally in the 50s as they have been for the last few nights. There is that High Pressure that will be building in, setting us up with the warmer day tomorrow and the warmest day of the week most likely with a spare the air day because again youll be trapping all the particulates and all the commutes and their activities and that car and that they will get trapped in the lower layer where tomorrow it will be less than that and they come up as well as you go into the High Pressure pattern for wednesday and the warmest day of the week with some spots inland, getting into the upper 90s. Check out concord and antioch and brentwood. Those are upper 90s tomorrow to easily see the low 100s and in one of those inland valleys. 98 in livermore and san jose and 95 in morgan hill. Its a one and done deal. A hot day tomorrow and then temperatures will trend down. Its not a heat wave along that stretch, but the fire danger will click up as you know and they will be looking at, well a cooling trend as we head for thursday, friday, saturday, and sunday. Still pretty warm. But this is the day right here. The next couple of days between now and probably thursday morning, thursday afternoon. Fire danger or something that we will be thinking about in just overall kind of a very warm day tomorrow with significant cooling by the weekend. Yeah, it spikes and then drops back down. Which is good as opposed to having the run up here the whole time. Thank you. Coming up here the giants desperately looking to get back in the win column tonight facing the power hitting rockies in colorado. Former cal bears quarterback jared goff will be back home monday night against the 49ers at levis. But will he play for the l. Rams . This is what the tuesday night looks like on the san mateo bridge as you can see no problem as traffic is moving smoothly. Look at 880 in oakland. Those are the lanes on the left. And well it is not bad at all. Moving very nicely in both directions. Back with sports right after this. Ally a hug. This toy is a reminder that someone cares. These are a chance to be part of a team. And this is the chance to succeed. Female announcer with your support, everyone at sleep train proudly dedicates their time, hearts, and resources to giving local foster children one important thing hope. Hope. Hope. Not everyone can be a foster parent. But anyone can help a foster child. Sleep train your ticket to a better nights sleep the giants are coming off the horrible weekend, playing right now. It will be hard to sugar coat it as they will be turning into an epic collapse that it will be embarrassing for the giants. That this is one thing that they are not hitting the ball at all and to listen to the statistics. In the last 161 at bats, prior to today, that they have hitters that will have 16 hits. That it will be a less than 100 batting average, that they would enjoy it. And that is it. And it will be really, really bad. And a lot of guys will be performing here tonight. And that they did manage a bit of a rarity here and that it will be a home run. Now, imagine that. The relative newcomers, a solo homer as they would lead briefly, 10. They will be pitching pretty well and back up the middle, the nice stop by Brandon Crawford as they bobble that ball. And they were able to score all the way from second base with two outs, and that will make it a 11 ball game as they will be in the top of the fifth inning there. And they will talk some football for them and finally the preseason will be over and they will need to open up their season. Against new orleans and a team that could put up points on the board. The raiders and their defense will be tested and that nate allen in the defensive backfield up against their test last year and for the nice little pick right there. But this time around they will be going up against one of the best in the business, which will be drew brees who knows how to light it up. As nate allen said that the defense is like nobodys business. One of the alltime bests. Drew breeze is drew breeze. Hes a smart guy. Weve got some different looks, we would try to use him a little bit and hopefully capitalize. All right, we have not talked much about Colin Kaepernick much this week. But his jersey is doing a lot of talking at the cash registers. Get this, it was the 20th selling jersey on the 49ers roster alone. Just on the 49ers prior to this National Anthem controversy. It is now the number one, the top selling jersey in the entire National Football league. No matter what you think of the situation with kaepernick, sales have definitely soared with regards to Colin Kaepernick and the 49ers who will open their season at home on monday night football at levi against the rams. A lot of people are looking forward to the homecoming of jared goff. Of course the cal quarterback is coming back to his own neighborhood sort to speak and facing the 49ers. Its not going to happen quite yet. But you saw the show as it is all hard knocks and they could make save jared goff doing all right, but maybe not quite at the level for their starting quarterback. But sometimes soon that hell be the face of that rams franchise, but they wont be ready yet. Case keenum will be the number one quarterback. And johnny eckar will be there. And golf will not suit up. Hell be in street clothes unless there is an injury. But jared goff will be on the sidelines probably carrying a clipboard for his first ever return home with the rams. Basketball is not that far away. Steph curry is though, however, as he is well off back east. The far east as a matter of fact. Check that out right there a little image on it. He was in taipei, taiwan today checking out things. Just recently steph said he got the nerve up to check out the last couple of minutes of game seven. And the 4th quarter where the warriors would go down there against the cleveland cavaliers. And just watched it, but he was just about r