we don't want anyone else hurt. we don't want any more little girls taken. >> after months of searching an arrest in the disappearance of sierra lamar and now new details on what happened to the morgan hill teenager. good morning, everybody, thanks for joining us, i'm jon kelley. for more than two months, her family kept up the hope she will be found alive. but this morning, sheriff investigators say that's not going to be the case. last night deputies arrested this man, 21-year-old garcia-torres and charged him with kidnapping and murder. but this morning, the murder remains a mystery. "today in the bay's" bob redell with the latest. bob?

>> good morning, laura and jon. with this announcement that this man has been arrested for kidnapping and murder, the sheriff office has ruled out any hope that 15-year-old sierra lamar is still alive. the man allegedly responsible for her death in the jail behind me. law enforcement arrested him last night at the safe way store where he worked in morgan hill. you can see him here in this video being escorted out of the sheriff's office. his name is garcia-torres, 21 years old, the sheriff says her department did have him under surveillance, they do have a lot of physical evidence that connects him to sierra's disappearance and that he is the registered owner of that red vw jetta seen near sierra's home around the time she disappeared march 16th. that car has been in the possession of law enforcement. the sheriff promised more details during a news conference scheduled for 8:00 this morning. the department has spoken with her family who will be at the news conference, as well. >> this is very, very difficult

for the family. the family's been very, very supportive all along. they understand we've kept them apprised of everything that's happened with the investigation all along. it's very difficult for them. >> that was sheriff laurie smith. they still do not know where sierra lamar's body is located. she is urging the public to continue looking for her. which is what they'll be doing tomorrow during another volunteer search effort. bob redell, "today in the bay." >> thank you, bob. and 4:32, this arrest comes weeks after investigation and the fact the suspect has been charged with murder is significant. here's the investigative unit with more on that. >> sources have been telling us for several days the sheriff investigators were close to closing in on the man they believed responsible for the disappearance of sierra lamar. sheriff department confirming last night that in morgan hill they arrested antolin

garcia-torres after spending days in a 24/7 surveillance on the man. he has a known address in san martin. local reservoirs, they were not able to find the missing teen. the break came last week when police took possession of that red volkswagen jetta. it was seen on surveillance around the time lamar disappeared. a reliable source told us last week that there was a dna match between the red car and sierra lamar's clothing. last night, 21-year-old antolin garcia-torres was taken into custody and he's charged with one count of murder and one count of kidnapping. this is the first time since lamar disappeared that the sheriff's department confirming that sierra is not alive. a charge of murder clearly says investigators and the district attorney this morning believe sierra lamar is dead. in the newsroom, i'm nbc bay

area's tony kovalseki. >> steven clark says the rest of the investigation will still take some time but ultimately garcia-torres could face the death penalty. >> this can certainly be a death penalty case because it's a murder committed while there was also a kidnapping. it's a special circumstance, but the d.a.'s office likely won't make that decision for several months. they're going to want to know a lot more about this individual and they're going to want to know a lot more about the crime and what sierra lamar went through before they make that decision. >> clark points out that part of the reason this case has continued so long is investigators have been waiting on dna analysis to allegedly link garcia-torres to this crime. and the investigation far from over, clark says finding sierra lamar's body is critical, but not mandatory in building a case against garcia-torres. now, of course, we will be following this story all morning long and throughout the entire day. stay with us for the latest

updates. go to nbcbayarea.com, keyword sierra. 4:34 right now. and this morning, the man accused of sucker punching bryan stowe and kicking him while he was down is in court. they will decide if there's enough evidence to bring him to trial. hearing comes a little more than a year after stowe was attacked in the dodger stadium parking lot. sanchez and norwood are charged with battery and other felony counts. stowe is getting around the clock care at a central valley recovery facility. the berkeley police chief's tactics are being questioned again. a report released by the berkeley police department shows chief michael meehan sent four sergeants to track his son's stolen iphone. it was two hours of overtime at taxpayers' expense. no report was filed with the department and the iphone was never found. the police chief meehan

apologized for sending a sergeant to report to his home in the middle of the night to demand changes on a news article online. that led to an audit of police policies. an executive due in court today accused in a very bizarre crime involving legos. accused of changing the store bar codes on lego sets and buying them for a fraction of the cost. the s.a.p. executive seen here on surveillance video swapping out the bar codes in san carlos, a search of his $2 million home uncovers hundreds of unopen lego sets. >> he got some sort of enjoyment out of it because there was a lot of work involved. >> well, police say they also found an ebay account in which he sold more than 2,400 lego sets for about $30,000. he's due in court today. he did not respond to our request for comment. silicon valley's high-tech and high-priced, be now low-wage

workers may soon get a little help. the city council could vote to establish a city wide minimum wage jumping from $8 an hour to $10. the national minimum wage is $7.25. only a handful of cities have their own rates, san francisco is one of them at $10.24. it is 4:37 right now. let's get our first check on -- it's tuesday, i almost said monday, tuesday check on weather. christina loren is here with it all. >> pleasant surprise. good morning to you. yes, you made it to tuesday. a good-looking day shaping up. temperatures are nice and mild this morning in san jose, 61 degrees, good morning to you in sunnyvale, you're at 59. and right up top, we've got cool conditions in san francisco. low 50s, 53 degrees, and 52 up in the north bay, novato this morning. and this afternoon, another beautiful day shaping up. it's going to be windier than what we dealt with yesterday. the winds did pick up, but we're talking about gusty conditions later on this afternoon, 35, 40 miles per hour at times.

we'll talk more about that and we are going to see this trend that kind of roller coaster just about all week long. we'll take you through your seven-day forecast. here's how you can adjust for the day. temperatures at 70 degrees as of noon. just about as warm as yesterday, a little bit cooler at the coast because we're going to start out with cloud cover yet again. temperatures, the sun will come out, warming to about 69 degrees at 4:00 p.m., 68 at the coast, your full forecast. >> we'll take folks to the san mateo bridge if you're crossing over to the newark side or the fremont side. you should have all lanes open. recently reopening after overnight there was an accident about 12:30 p.m. and it had most of the lanes blocked for a period of time. we have just heard the last lane has reopened. but there may be some issues with some of those lights because a car did take out a couple of those lights about mid span. we're watching, but haven't seen any slowdowns and no delays at the interchange. further up, we do see construction through oakland. that's about it for the maze as

you're approaching and coming out of downtown from about fifth embarcadero exit. and another patch toward the coliseum. traffic south of high street where the southbound construction finishes at the top of your screen and no major issues. kind of smear on your lens, little blurry. back to you. well, it appears the golden state warriors will be taking a shot at a new arena deal in san francisco. the owners of reds java house on piers 30 through 32, telling him they do plan on building a water front property and he can actually stay. crews started setting up tents on the pier last night for what they are calling a city event. a news conference expected with the city later some time this week. and the warriors will be part of that, of course. people who live near that site say traffic and view obstruction part of the concerns but not everybody's opposed to this deal. >> maybe it'll obscure some of those buildings over there, but at the end of the day, they're

not going to throw up something bad right there. it's going to be pretty cool, going to add to the bay bridge, accentuate it. >> even after the announcement is made, city leaders expected to keep on talking with the warriors hoping to convince them to build their new arena in oakland. possibly saying good-bye to a san francisco landmark. the great quake of 1906 couldn't even shut it down, but boy, the tough economy did. clearing the tables at a san francisco classic. we'll tell you all about it. and also campaign add shut down. president obama's team releasing an aggressive new ad targeting mitt romney. why his strategy could backfire. and liftoff. after a failure to launch this weekend, an unmanned rocket makes history in the early morning skies. and for all your news, weather, traffic, all sorts of great things, check us out on facebook. come search for us on nbc bay area. we're all hanging out there.

well, after a botched launch this week, the first private rocket blasted off early this morning headed for the international space station. the falcon 9 rocket made by space x packed with 1,000 pounds of provisions for the space station, space x, the brain

child of the silicon valley founder of paypal and tesla motors. happy to see that one going up there. well, a plane crash in southern california leaving an entire neighborhood without power this morning. the spokesman says the pilot reported engine problems around 8:00 last night three miles from a small public airport. now this plane hit three power lines in glendale before slamming right into the ground. the pilot was taken to the hospital, only suffering minor injuries. fortunately, nobody on the ground was hurt. about 2,000 homes in that area lost power from this crash. decision 2012 now president obama taking aim at mitt romney's record at bain capital, but it could backfire. one of the president's key supporters is already crying foul. an obama campaign add attacks romney saying he did not care about his employees. but new york mayor cory booker says that's not fair.

romney's team seized the opportunity and released this web ad. >> even obama's own supporters have had enough. >> it's nauseating for the american public. enough is enough. >> and booker says his quote was taken out of context and he still supports president obama. president obama is defending his campaign strategy. the republicans say the president's ad is misleading and does not accurately represent romney's record. time now for a check of the markets this morning. for that we turn to seema mody live at cnbc world headquarters. good morning. >> hi, good morning to you. futures are currently trading flat after markets bounced back a bit on monday. the dow snapping a six-day losing streak, the s&p 500 putting in its best day in two months, the nasdaq, the best in five months. asia was higher overnight, but europe is currently trading in negative territory. fitch has cut japan's credit rating citing the rising public debt. we get data this morning on existing home sales for the

month of april, so that will likely be a market mover. in terms of how the markets ended last night, the dow rose 135 points to close at 12,504, the nasdaq adding 68 to close at 2,847. in other news, drive-thrus aren't just for satisfying that big mac attack anymore. a new report from the mpd group says sales which slumped during the recession are growing up 3% last year and 2% in 2010. more than 12 billion consumers got their food from a drive-thru window last year. a 2% increase in traffic from 2010. now panera which opened its first drive-thru window in 2005 now plans to build them into 30% of the new locations. starbucks opened its first drive-thru in 1994, it now has 2,500 nationwide. there's something new, --

unlike smokeless products, it doesn't contain tobacco, just nicotine extracted from tobacco. they hope it will allow them to market it with milder warning labels than those in cigarettes and smokeless tobacco. that's interesting news. back to you. >> thank you very much, seema. >> we check in with christina loren to find out what's happening outside. and is it going to be a good week? >> it's going to be a great week. mother nature has given me a break. all of us getting beautiful weather. we're going to get to enjoy it with seasonal averages expected just about all week long. we are going to cool off and maybe bring in showers towards the week's end. but today, tomorrow, fantastic conditions similar to what we saw yesterday. 55 degrees in oakland, 58 to start you out in concord. and we're in the low 60s in san jose. you don't need the jacket, you can go to the short sleeves if you wanted to. temperatures close to that

80-degree mark. so a repeat performance. we'll see a fair amount of cloud cover with an area of low pressure that came through overnight ushering in a stronger onshore flow. as the system pulls out and high pressure moves back in, we'll see a tight pressure gradient. so as a result, very gusty winds anticipated for the second half of your day and even windier heading through your wednesday. a windy wednesday on tap. if you're trying to pick out which day to show off your summer dress, today is going to downright blustery tomorrow. 79 for san jose today, and the only city i gave the 80-degree mark to was gilroy. winds pick up substantially for wednesday, we're going to drop off your temperatures thursday into friday to the low 70s. a little bit of drizzle possible on late friday into saturday in the north bay, i think sonoma county might get some showers. then a big-time weekend, holiday weekend shaping up and temperatures phenomenal for all your outdoor plans. memorial day monday, 82 degrees,

inland 76 bay side. back to you guys. >> thank you very much. well, this one a sign of the times. a bay area landmark closing its doors after more than a century. serving the very last meal monday night. yeah, a lot of history here. it's been a fixture on san francisco's north beach for 126 years. it survived the great earthquake of 1906 before moving a block away on broadway. this restaurant hosting a long list of family events from birthdays, baptisms, to weddings. the head chef says a lot of the regular customers aren't coming as often. >> we are surrounded, these people used to come in once a week to a dinner with us. >> the chef says no, he's not giving up hope yet. he hopes one day this restaurant will have a chance to reopen. >> i hope they do. it's so classic. so nice. 4:49 right now. an air show that made headlines for a deadly crash will be allowed to continue.

not everything will be the same. the changes coming to the reno air show. and fear is not a factor, at least for heights for thousands of spectators in japan as they waited for their turn to go on top of the world's tallest tower. and 24 looks smooth through this tunnel, the caldecott tunnel, construction continues here, construction in the south bay. and i'll point out a couple of spots where we have changes for those roads already. everyone's hair breaks.

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welcome back, everybody. you are looking live at the safe way in morgan hill where investigators arrested a suspect in the disappearance of 15-year-old sierra lamar. sheriff deputies arresting 21-year-old antolin garcia-torres. he's been charged with kidnapping and murder. investigators say dna evidence linking him to sierra's disappearance, but still no information on the how or the why of this case. we will be following this story throughout the entire morning. we'll have a live update for you coming in just a few minutes from right now. 4:53. a hearing is set for today in a lawsuit that accuses a judge and two lawyers of looting the estate of rosa parks. the lawsuit claims a wayne county michigan probate judge conspired with two attorneys to rack up more than $500,000 in

mostly unnecessary legal fees. parks left her estate to the institute when she died in 2005. her family contested the will. well, a popular air show will, in fact, go on without some changes. today, organizers for the national championship air race which is held in reno will announce new safety measures. this is in addition to government recommendations. if you recall, that scene back in september, 11 people killed in a plane crash near a viewing stand, 70 others were also injured. the reno air race has been in business for nearly half century. it's 4:54 right now. want to check the morning commute with mike. i'd expect it to be light. >> and it is as far as the volume of traffic, but not as far as the number of icons i'm using. a number of little stickers we put on here all for road crews. in the middle of your screen, northbound 17 at southbound 280, that crew will stick around probably in the 5:30. and at the top of the screen, no major slowing, but at the top of

the screen, that has cleared construction already in the last few minutes as you're heading northbound past shoreline. we do have a few lanes blocked from time to time as we pass between the mountain view area and let's say willow where we've marked the end of the construction zone. also circling the eastbound direction for the dumbarton bridge. right now, road crew another 10 to 15 minutes before they clear that span. and all weekend, that bridge will also be closed for retro fit. reopening tuesday at 5:00 a.m. if everything goes as scheduled. we'll look at a nice shot here. the growing lights, but fog, not an issue for visibility here. there's a fog advisory for the bay bridge. keep that in mind. north bay, no slowing to the span itself and big celebration sunday here, expect a lot of slowing approaching the golden gate bridge all day sunday. we'll be here to cover it, guys. back to you. >> thanks so much. half way around the planet, the world's tallest tower now open to the public. >> yeah, officials held a

ribbon-cutting ceremony to mark the tokyo sky tree. it soars above the city. can't even see it in the city. 8,000 visitors were expected to take high-speed elevators to the observation decks on the, get this, 350th and 450th floors today. >> i wonder how long it takes to get up there. >> high speed. all the excitement dampened by the weather when rain clouds surrounded the towers. visitors really couldn't get a lot of view up in the clouds. the sky tree recognizes the world's tallest tower while another kalifah? dubai is the tallest structure. >> i got it. they're both way up there. still ahead on "today in the bay," the latest developments in the sierra lamar case. >> crews at the jail this morning and in morgan hill. team coverage when we come back. and for more news, weather,

traffic, and all sorts of updates, check us out on bay ar newsfacebook, search nbc bay ar news.

he's been charged with murder, that means that we believe we have probable cause to believe that he committed the kidnapping and murder of sierra lamar. this morning, south bay families worst fears now realized as the search for sierra lamar officially becomes a murder investigation. good morning and thanks so much for joining us. it's 4:59. >> nothing short of a heartbreaking morning for the lamar family whose daughter's remains have not yet been found. the suspect is this man antolin garcia-torres. police say they know who did it, the how and the why are still a mystery. "today in the bay's" marla tellez is live in morgan hill.