live in san jose where the city suffers its 18th homicide of the year. we'll take you to the scene live coming up. no hard feelings, the family of a woman killed by a cyclist in the east bay forgiving that cyclist for the crash. we'll hear from the woman's daughter. and a group of seniors getting a lesson from the school of hard knocks. and it's costing them their diplomas. here's a live look at a fogged in golden gate bridge toll plaza on this friday, june 8th. this is "today in the bay." good morning to you, it is 4:30, i'm marla tellez in for

jon kelley. >> and i'm laura garcia-cannon, lots to get to this morning. breaking news we're following this morning, there has been a killing in san jose. he joins us now with the very latest on this deadly shooting. good morning. >> reporter: good morning, laura. looked like this happened about two hours ago in san jose right across the street from the big costco store. we have some video, the investigators are here at the scene. the crime scene investigations unit just arrived about 15 minutes ago. so in cases like this, they'll be here for another six, maybe seven hours. all we know at this point, witnesses tell me that there seems to be a fight outside a karaoke bar on center road. that fight apparently erupted into gunfire. we do have a deceased 24-year-old victim. he was dead here on the scene when police arrived. he received the 911 call at 2:34 this morning, he was pronounced

dead at about 2:54, again, just about an hour and a half ago here. we do not know if the suspect is still at large. we're waiting for word from the public information officer here with the san jose police department. but they will be here for a while. for now, that's the very latest on center road in san jose, now back to you. >> thanks. we'll check in with you in a little bit. a cyclist who struck and killed the 92-year-old woman is apologizing. douglas herring says he came around the curve on arlington boulevard and saw the woman too late. jean smith died from her injuries. the cyclist tells nbc bay area says he feels horrible about what happened. but the woman's family say they have no hard feelings. >> we have sympathy for him too. >> you have sympathy for him? >> i would hate to live with that and i know he was hurt too. >> instead smith's family and

friends say they're happy knowing she lived each day to the fullest. there's no word if he will face charges. and concord police recommending a teenager be charged with vehicular manslaughter for the death of a father and his 9-year-old daughter on easter weekend as police finish their investigation into the crash that took the lives. police say the 17-year-old suspect was speeding and may have been texting when his suv jumped a curb and slammed into that family. the district attorney's office is now reviewing the case and will ultimately determine what if any charges will be filed. the man accused of murdering morgan hill teenager sierra lamar has a new lawyer. court appointed attorney ken mandel will no longer defend garcia-torres. they declared a conflict of interest after it was discovered the office was also representing his father, charged with 13 counts of child sex abuse in an unrelated case.

the alternate public defender will take over the garcia-torres case. the wife of ross mirkarimi is fighting back. she's accusing mayor ed lee of misconduct after releasing what she calls private video. nbc bay area obtained court papers filed by ileana lopez' attorney. this is the video in question showing lopez shortly after a new year's eve confrontation with her husband. the video was released to the public last week. in the filing, attorney claims the video has gone viral and any attempt to obtain a secure order is pointless. she says lopez' privacy has been shattered. we reached out to the mayor's office and he has yet to respond. a cal swim coach will be able to hold her clinic after all. she had planned to speak at the swim club -- to the swim club at that club when she -- where she grew up. the cal coach recent lip went public about being a victim of sexual abuse years ago. this week, the president of the

country club canceled the talk over concerns about the recent publicity. >> i want to do some things to reconnect with the community and they're not letting me, and that's when i was trying to explain it and get the words out and that's when i broke down. >> people at the country club reacted quickly and last night the club's president reversed the decision and apologized to kunan. a personal trainer is in hot water after a search warrant turned up tens of thousands of prescription pills inside his home. he works at peak performance gym in menlo park. he was arrested yesterday after investigators seized $250,000 worth of narcotics from his home including vicodin, percocet, steroids, and the drug ecstasy. investigators say he was ordering the drugs from other countries and reselling them.

san francisco police investigating another incident, but this one they said had special significance. a hand-cranked bike is valued at $13,000, belonging to a disabled man from poland who is in san francisco for a charity ride across the country. the bike was stolen around 10:00 wednesday night in the haze valley neighborhood. m well, students at the east bay high school are learning a hard lesson about choices. students were suspended for what they say was a series of harmless pranks, including painting messages around the campus in washable red paint and tagging windows. parents are upset the suspensions will keep some seniors from taking their finals. no finals, no diploma. the school says the seniors were warned about a zero tolerance policy when it comes to destructive pranks. finals end today, graduation is tomorrow.

4:36 right now, it is friday. time to check that forecast with meteorologist christina loren. it's friday. >> yeah, that's right. we're all looking through the rose-colored glasses of friday. and we've got a good-looking forecast. the difference between yesterday and today. two significant differences. we're starting out much warmer. in fact, about five to eight degrees warmer than this time yesterday. however, the fog is back. but even with that fog because of the warmer start, i think we're going to warm up as warm as we did yesterday. couple low 70s, couple low 80s on the forecast map for today. but works out like this. as we head through your lunch hour noontime, 69 degrees in livermore, 74 in antioch and 70 degrees in concord. for example, 81 today in gilroy, 80 in ferry field, and 64 degrees in san francisco. now, we've got a warm-up on the way. the weekend, oh, it's so close now. i'll have that forecast ready to go, the seven-day, my next report, 4:37. we don't want any problems on a

friday. have mike tell us what's happening. >> you don't want any, but sorry, i have the exact opposite. a number of issues going on right now. first in the south bay, surface streets, but major surface streets. this is silver creek valley road just off 101, reports of an accident there, pretty big accident taking out some power poles, pg & e says the wires are still live. they have to make sure the power's turned off before they can begin to do their work at that intersection. we'll watch that. but right now surface street traffic very light as is highway traffic and highway 101 unaffected other than the approach through that intersection. 101 southbound around story as well as 280 and 85 as you approach either of those interchanges. that slowing you saw, though, minor only there because the crews are there and messing with the sensors. southbound 101 in san francisco, at the cesar chavez off ramp. and it's still blocking the off ramp from what chp says. they expect that to open up in the next few minutes, but consider broadway as your off

ramp. right now it's nearby construction causing slowing toward the golden gate bridge. and then we move over to oakland for 880 at oak street, another accident takes out some sand barrels and blocks the slow lane. and finally heading up to american canyon over highway 29 and northbound we have an accident there. it should be clearing soon, but there's a lot of gravel in the roadway after they righted the big rig. a lot going on, guys. back to you. >> and it's only 4:39. thanks. well, from soma to slowma, the south market neighborhood will have to slow down a little bit today. the city is slowing the speed limit in that area from 30 miles per hour to 25. the affected streets are howard, folsom, harrison, and bryant. it goes into effect immediately. 4:39, i'm moving things along here. facebook getting into the app business. why the essential network is creating its own app store. plus president obama wants to keep student loan rates low, but

critics say it's just another political stunt. why the president's campaign is under fire. and i'll have another needs just one more. a preview of the belmont stakes and the unlikely hero next. and for all your news, weather, and traffic, check us out on cejuokrc just search nbc bay area, stay with us, it's 4:40. s

welcome back. and a good friday morning to you. taking a live look outside. looks like people getting up and at 'em, starting that friday morning, the weekend a little early. live look at 880 this morning. check that morning commute, 4:43. president obama's taking heat for courting young voters with promises of keeping student loan rates low. the president spoke to students in las vegas and called on congress to keep loan rates from doubling on july 1st. republicans say the president should be in washington making sure that happens. >> should be here working with us to ensure that they won't double. >> there is nothing fair about a government that favors political connections over honest competition. >> meantime, fed chairman ben bernanke telling lawmakers he'll -- he's hopeful we'll see moderate growth in the economy this year, but if the country hits another stumbling block, he says only congress can prevent a

freefall. 4:43, wall street hoping to finish the week on a high note this week. we turn to hampton pearson live from our cnbc bureau live in washington, d.c. good morning. >> good morning, laura. as a matter of fact, we've got futures mixed this morning. after markets frankly ran out of steam in yesterday's session. fed chairman ben bernanke telling congress he still expects the u.s. economy to grow modestly this year. bernanke says the fed could step in with more stimulus measures if europe's debt crisis gets worse, but he offered no hints that any moves are imminent. investors were a bit disappointed by this and that overshadowed yesterday's surprise interest rate cut by china, asian and european markets are lower today. we get data this morning on the trade deficit and wholesale trade. the dow rising 46 points on thursday to close at 12,460, the nasdaq losing 13 points closing at 2,831. consumers put the plastic back in their wallets in april.

credit card use declined last month although overall consumer borrowing rose, led by an increase in student and car loans. americans have started using their cards more at the start of the year which coincide with strong job gains, but job growth has stalled in recent months forcing some people to cut back on the amount of debt they're taking on. facebook creates a central location for all those apps you've attached to your profile. the app center which launched thursday night is available on both facebook sites as well as apple and android phones and tablets. and the type of apps their friends like. right now i'm all about the weekend app. >> yeah. >> yeah, that's a good one. >> that one's always fun to play, hampton. thanks so much. >> i'd like that app for sure. >> and we will. >> moments away. >> and it's going to be a nice one.

>> not quite as nice as hampton pearson looks today. great forecast, ladies, you can go ahead and pick out the open-toed shoes, and put the boots away for a while, we've got a hot weather pattern shaping up for the weekend. a lot of sunshine coming in, but hold on to it, winds picking up throughout the day. san jose's already at 57 degrees, we're at 54 in livermore this morning. meanwhile, mid-50s all down the peninsula. good-looking forecast for today. we're starting out warmer, more fog in combination with that mild start. and so i do believe that you're going to be socked in san francisco about noon today. now, what's happening is we do have a significant area of low pressure sitting just to our north. this is ushering in that onshore flow. a weaker disturbance going to fall apart on its way. as a result, though, we're going to keep your temperatures down for today and then they soar as we head into the weekend. it'll get hot, the return of the

90s to the warmest cities across the bay as of sunday. we're going to climb from about 81 in gilroy today to about 90, it's going to be a hot one. and it's that time of year when you spend 15 minutes outdoors without the sunscreen and you're sensitive to the sun, you will burn. put on that spf-30 as we head throughout this upcoming weekend. here's where it gets interesting, when we meet back on monday, we have an interesting pattern shaping up. temperatures climbing into the mid-90s, and for us, that means we're in record territory. getting close to the start of summer, the summer solstice will be the 20th. it's going to feel like it as of this weekend. back to you, ladies. >> thank you very much. 4:47 right now. we're seven weeks away from the opening ceremonies of the 2012 summer olympics. and this weekend, an olympic legend continues to make a difference in the bay area. tommy smith and john carlos became famous in this iconic photo making the black power

salute on the metal podium. there's a statue in their honor at san jose state. smith is in the bay area this weekend for the track meet for inner city kids. he's a sponsor of a program that assists disadvantaged kids. the biggest names in golf ahead of the u.s. open next week. phil mickelson practicing at the olympic club on thursday. the grouping for the opening two rounds were just announced. mickelson paired with tiger woods and masters champion bubba watson on thursday and friday. it's going to be great. and nbc bay area is your station for the u.s. open. we're going to bring you live reports from the olympic club and continuing coverage online throughout the tournament. across the country, all the talk is about horses. the belmont stakes happening this weekend just outside of new york city. i'll have another is preparing for a chance to win the first triple crown in more than three decades. the unlikely hero has never been

favored to win a race until this weekend. his trainer has never had a success in the triple crown races. and his jockey had never raced in the triple crown until this year. with victories and the preakness. now i'll have another needs one more to seal the deal. >> it's what it's all about. this is the big stage and the whole whole thing. what we're all dreaming about. >> only 11 horses have won the triple crown since 1900, the last one was in 1978. >> exciting. it's 4:49. still ahead, there's still time to bid for lunch with warren buffett. at a relative bargain. we'll tell you how much it's going for. and we're looking at 580 through oakland off of castro valley. this one's fine, but the other route through oakland, we've got a sig alert and something going on in the cit still going on. we'll fill you in coming up. hey, your high speed internet here at home...

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welcome back. good morning to you. here's a live look at a very lit up embarcadero, of course, in san francisco on this friday morning. we'll check the morning commute with mike in just a moment. christina says it's going to get hot. your time now is 4:52. time is ticking to have lunch with one of the world's most famous billionaires for the 13th year in a row, warren buffett is auctioning off a lunch date on ebay. the money benefits the foundation which helps the

homeless and poor in san francisco. bidding ends tonight. right now, 82 people have bid on the lunch. the highest bid, just over $410,000, but keep in mind, the big bids usually come in late. last year the winning bid was well over $2 million. >> big bids, $410,000 is a lot of money. the only prisoners ever known to escape from alcatraz still wanted men. marks the 50-year anniversary of the day frank morris and brothers clarence and john england escaped from the famed prison. the u.s. marshals say the escape was the result of more than a year of planning. no one knows if the men survived. if they did, u.s. marshals say morris would be 85 and the brothers would be 81 and 82. to mark the anniversary, the national park service will hold a discussion with the fugitive's family members and u.s. marshals to talk about their roles and belief about the escape. >> i would think of that clint

eastwood movie. they should show it out there on the wall. >> thad be eerie. >> it's one of those that can come on and you can watch it over and over. check the morning commute with mike. >> the volume of traffic is holding steady, but the activity as far as the incidents go, really busy right now. well, 4:54 now. still want to tell you about this, southbound 101 at cesar chavez. there's a trailer, a mail carrier trailer that has disconnected from the big rig that was pulling it and happened at 2:15. now we hear they're going to send a supervisor out to assess the situation. so we still don't have that opened. we will not find out until they do assess that. bay shore, that's your off ramp of choice. other side of the bay, 880 at oak street, we have the off ramp closed there as well as slowing because of an accident that took out the sand barrels. a live look past the coliseum, northbound with the taillights, steady volume, but no big

surprises. you cannot currently use the oak street off ramp, but all other ramps are open, a smoother flow, just a botheringi ibogging down. and it's through a construction area, so we'll watch as it complicates things closer to 5:15, 5:30. it's not your average hyb d hybrid. >> the exclusive look at the long awaited tesla s. behind the scenes look, he's a proud owner of the very first one to make its way off the production line in fremont. smooth on the outside, high-tech on the inside. nice color too. >> yeah. >> model s starts at about $50,000. the delivery is expected to start later this month. >> it's like a crimson. >> isn't it pretty? >> nice. pretty slick. still ahead on "today in the bay," still following breaking news in san jose where police are investigating the deadly shooting at a karaoke bar. live at the scene with the latest coming up.

plus, the family of a woman killed by a cyclist say they have no hard feelings. why her daughter says she feels for the cyclist. and for all your latest updates, check us out on facebook. all you need to do is search nbc bay area. a live look outside over the south bay this morning, should be a nice weekend on tap for those temperatures are going to climb next week. if you don't like it hot, get out there this weekend and enjoy the cool. look at the cool shot of the embarcadero this morning, all lit up. should be a nice way to start our friday morning. a lot more ahead, stick around.

a busy friday morning already at 4:58, i'm laura garcia-cannon. >> and i'm marla tellez. we begin with breaking news in san jose. police in san jose are investigating a deadly shooting at a karaoke bar. live at the scene with the

latest for us. damian, good morning. >> reporter: good morning, marla. well, this is the second karaoke bar shooting i've covered in the last few months here in san jose. so definitely there a concern. here the scene remains active. the shooting happened at about 2:34 this morning. we don't have much information. homicide investigators at the scene. what we do know so far is that there is a 24-year-old victim who is deceased. the coroner has not arrived. it might be another three or four hours before the coroner arrives. waiting for the homicide investigators to do their thing here at the scene. i asked the -- one of the commanders here at the scene off camera if he knew if the suspect was still at large. he told me, "we're still pursuing initial leads, so we don't want to give any details at this time." unfortunately, we can't tell you if, in fact, a suspect is at large or if he is behind bars at is