raising concerns with whether the district violated its own policies in order o get both officers' stories to match. he says when he started to question the procedure, he was shut down. on the night of january 22nd, 2011, the school's superintendent were on patrol. >> they had their hazard lights on. so we thought we should go help them. >> reporter: the officers smelled marijuana, but when they asked rah-rah heem to get out of the car he grabbed a screwdri r screwdriver. they grabbed a gun and shot at him. >> as the investigation unfolded belew sa says he began to question the process.

in a sworn deposition in february. he said he was sequestered and waiting for oakland police investigators to interview them separately. but before investigators had a chance to speak to the officers, the district superintendent started asking their own questions, specifically about what happened. belewsa says the district attorney was also in the room. he told them there was a gun in the car. he says that's when the school lawyer and superintendent left the room, then came back. he testified that smith said tell me everything you can remember about the gun and what it looked like. >> nobody else should be talking to these people. >> reporter: richard is a police expert. >> if you have a shooter officer and witness officers, they should only be talking to homicide. so if the mess chief and let's say a superintendent, if they contact the witness or the shooter officer and ask him questions about what happened, that's not appropriate. >> we do believe everyone acted'

prone atly. >> reporter: the school district spokesman spoke to us because of pending litigation. >> i'm sure somebody may be able to dig into the policy and find an incident where maybe one thick was said that was, you know, in contrast to policy, but overalling yes, we did follow the policy, and it was conducted appropria appropriately. >> reporter: is it appropriate for the superintendent you to ask questions of one officer about what happened, leave the room and come back and ask more specific questions about things hike the gun and the location of the gun? that's appropriate? >> it's appropriate to ask questions to express concern and to try to get some understanding of the incident. >> reporter: they questioned about why belewsa didn't speak out until months afterward. >> i can't say anything stronger than that at this point. >> reporter: but sergeant belewsa who was literally a

poster boy for the school police was relieved for stress. then he was put on probation. what do you say to those who say this was for personal gain. >> i would say that's completely false. i put my heart and soul in that department. >> it's part of a pattern of behavior to prevent officers from doing what sergeant belewsa has done, which is to go public with his concerns about the way he was treated and the way in which the school district police department treated this investigation. >> reporter: the attorney says it won't be just sergeant belewsa's word against district admin traitors. >> there are other peep in opd who will testify that the way the does triistrict handled thi

wrong. >> reporter: today, is it your belief this vestigation was tampered with? >> absolutely. >> reporter: he is currently on paid administrative leave. ousd says they have no comment at this time. meanwhile, superintendent tony smith leaves next week for a new job in chicago. belewsa's attorney plans to file his lawsuit tomorrow. >> if you have a tip for anyone in our investigative unit, we urge you to give us a call or send us an e-mail directly to the unit at nbc bay area.com. just about 13 hours to go. that's when the decade long fight over same sex marriage could come to an end. the supreme court will announce its ruling just after 7:00 our time. we're live outside the supreme court in washington, d.c. and people are already in line for one of those coveted seats inside the supreme court. >> reporter: that's right.

as you can see, people are in line waiting to secure a seat inside to view this historic ruling come down on gay marriage. about 25 people are in line. some are playing cards just to pass the time. today hear was a lot of and t s anticipation for the ruling, a ruling that was put off for one more day. she and her partner got out of their suburban wondering if today was going to be the day. >> a lot of people here have worked so hard to get to this moment, winning state after state of. >> reporter: and so was jason, a native. >> everybody deserves a family, regardless of whether they love a man or a woman. >> reporter: currently, 12 states and the district of columbia allow same sex couples to marry. depending on what happens

tomorrow, california may be the next to join the group. gay marriage supporters aren't the only ones watching and hoping. those who believe that marriage should only be between and a man and woman have just as much at stake. they are watching the court closely as well. >> we all know they are a reality now. they will only be more so in the future. so that's a challenge to us to make without compromising our principles but not excluding anyone from the reach of our ministries. >> really this is a fundamental question about democracy and who decides important questions for society. is it a handful of judges or is it the people? >> reporter: so a lot of the folks you see here are young. many of them are students. and some of them tell me that they've done this before. they said they did it back in march, but back in march it was snowing. now if today is any indication what have will happen tomorrow, tomorrow they will tart leaningen here, and they will be

let in at 10:00 eastern standard time. they will p go in and be seated very quickly. and the rulings will tart coming down quickly. and we might, we just might know what the rulings will be on gay marriage by 10:30 eastern standard time. reporting live in washington, d.c., nbc bay area news. >> our prop 8 coverage continues at 6:30. and we will have it complete coverage on prop 8 decision day beginning at 4:30 tomorrow morning on today in the bay. it includes live reports from cheryl heard and live reports from all over the bay area. as soon as the prop 8 ruling is announced, just after 7:00, the today show will have a special report. you can stay up to date by visiting our website. we'll be streeping news conferences and events from around the bay area, reacting to the decision.

it appeared to be a tragic accident, a 61 year old woman died last week in a sunnyvale house fire. now investigators say it was intensional. the woman's home was not far from downtown. we have the new details this evening. >> reporter: this is sunnyvale's second homicide in just two weeks. the fire happened in the house you see behind me. it started last week, early in the morning. investigators are not telling us much about how the fire started, only that it was arson. and tonight, they're looking for a suspect. when flames ripped through this sunnyvale home last woke, neighbors alettered fear fighters. there may be someone inside. there was. 61 year old elizabeth flock was found dead in her kitchen. today, friends mourning her loss were dealt another blow when they learned that the fire was

no sdens. >> the fire was intentionally set, and therefore we are determining this to be an ash son/homicide investigation. >> reporter: susan bell who lives next door says block was a dear friend. >> it's unfathomable. i just can't imagine. really, she had this energy that exuded this beauty and love and generosity. >> reporter: she says neighbors often stopped to talk to block and commented on her colorful garden who it seeped only fitting to leave flowers in her memory. she says the fact that someone intentionally set the fire shakes her. >> i hope they find closure and we can all feel safe around here. >> reporter: you can see where neighbors have dropped off flowers to pay their respects to her. they consider her one. friendliest persons in this

community. investigators say they still have no motive. nbc bay area news. new tonight at 6:00, police on the peninsula say they believe a serial burglar is foonlly off the streets. after a highly publicized man hunt, melvin bell yard turned himself in to@ yesterday. investigators believe he is responsible for a string of burglaries. in one instance, police say a woman caught hip in the act. he took off. and as police chased him, they say he threw stolen items from his car. turning on the bad guy. three people shot, including a suspect during a home invasion robbery in san francisco today. police say a couple and their three young children were inside their home when three men pried open the dor overnight. the suspect shot the woman in the chest and the man in the leg. that's when one of those victims managed to grab the gun and shoot one of the would be robbers in the face. the two other suspects escaped.

security camera in the neighborhood captured video of the three men trying to break into that home. no word if they are the same men. investigators say the woman and one of the suspects have life threatening injures, the baby was not hurt a small dog leads to big questions in the east bay. also academy award winning actress halle berry gets personal. and bracing for the bart strike. what every commuter needs to know if it happens, even if you don't use bart. and we saw rain inpacking the morning commute. right now we have high humidity. it feels very tropical. but what we're tracking is high pressure coming back. rain chances ending and triple digit temperatures just around the corner. we'll have a look at that in our

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it could come as early as monday. a nightmare for area commuters. they're voting right now on whether to impact a strike. >> reporter: as ballots are cast inside union headquarters, the ability of bay area commuters to get to and from work hangs in the balance. citing a wide gap in negotiations over wages, health care benefits and the pension plan, unions representing bart workers took a step towards a possible strike, bringing back memories of the grid lock of

1997 when bart did strike. >> anyone who was on the freeway today understands what a current nightmare our traffic is. >> as a supervisor for a district that has two bart stations, i am really worried about what's going to happen if there is a strike. i hope, sincerely hope that a streak can be averted. i'm calling on both sides to negotiate in good faith. >> reporter: with bart's future uncertain, other rans pour station agencies are goring up for many more passengers, but cal train and muni both say they won't be able to handle all of the overflow. they suggest car-pooling and telecommuting as other options. while bart itself is optimistic about a settlement. >> we're looking at keeping the trains running. we feel there is a deal to be

made. so our focus right now is on keeping the negotiations going. >> reporter: the bay area may soon have to gear up for a plan b commute. scott budman, nbc bay area news. >> no date has been set for a strike. but the current contract ends at the end of this month. as we mentioned, bart carries 400,000 people daily. an estimated 700,000 people ride muni and other modes. about 175,000 people use ac transit today a ceremony wal goning for a project that will change san jose's skyline. a developer broke ground on a 23

story residential building at 1 south market. the $135 million project will create roughly 500 construction jobs. and when it's complete in 20 months, it will provide more than 300 rental units. the city hopes the new building will bring more people downtown and ultimately help revitalize the area. the developer thinks the timing is perfect. >> san jose, as some of the other people noted earlier, has incredible job growth, has a very vibrant technology sector and hive science sectors that are really a big difference compared to the national economy. >> city councilman tells us they will also break ground on a new hotel and high rice. a house for sale comes with an unexpected perk. how about this, a brand new tesla. you buy the house, you he go the new car. the home was just renovated by

an environmentally conscious developer. it includes 14 solar panels and a charging station in the garage for that brand new tesla. the garage or the house is a four bedroom, three bath on coke lane in the willow glen neighborhood. asking price is 1.3 million bucks. i haven't heard of that yet, but it shows you how strong this real estate market is. >> yes, a good incentive. and your forecast something to look forward to. it has been kind of tough outside with the humidity levels way up there, 70 to 80% and feeling more like hawaii. now 77 degrees in san jose where we have the sunshine around the santa clara valley. first, looking off toward downtown san jose, mostly sunny skies. san francisco looking a little different there. at times some light rain and drizzle. and it will be from the bridge northward where we'll still see a chance of light rain before

some big changes arrive this time tomorrow evening. 70s and 80s receipt now. 63 in santa rosa with fog and light rain. look at these humidity numbers. we will see dryer air coming into the area. it will be a dry heat come thursday and friday. the sea breeze is starting to peck up. that may come to a little bit of a stop though as we head toward the weekend. yes, we're seeing warming conditions coming up for the end of the week. record breaking totals for sure, up toward san rafael, san francisco a little less. it was santa cruz mountains that saw the moe of the rain. we're stuck with the cloud cover. and it's those clouds again tonight causing problems at sfo.

some flights being delayed two to three hours. and not just san francisco, but new york, chicago. if your travel plans include chicago or new york or boston or philadelphia, you may see some dough lays into tomorrow, but for the bay area, the rain is starting to move toward the north. one more wave coming in tonight into early tomorrow for the north bay and our temperatures tomorrow, a lot like today, but probably a little less humidity. so a little bit more comfortable. 70s to low80s close to 70 in san francisco. now let's take a peek at thursday's weather. we'll show you thursday and look at the difference you're seeing there. now by thursday afternoon, we're going to see mid-90s inland, so at least a start, thursday, friday, and saturday, we'll see this heat wave setting up just for inland valleys. so really half of the bay area faked for inland valleys.

but then by sunday and monday, it's going to bring desert like air down into perhaps the central bay. we're going to take a closer look at these numbers soring throu soaring through your seven day. still ahead at 6:00. what would 10,000 released prisoners mean for the safety of our communities. would it pose a threat? tonight's reality check it coming up and men's wearhouse, why it fired the face of the company. and actress halle berry is terrified. the dangerous issue that had her testifying at the state capitol today. back in a moment.

protecting children from harmful harass. that's what academy award winning actress halle berry was lobbying for today. the bill would change the definition of harassment to include photographing or recording the child without the permission of a legal guardian. it also says following a parent or staking them out falls under harassment. >> and as a mother, this is probably the most heart breaking, because she tells to me, mommy, why can't you make them stop. why do they do this to me? they don't do this to other little kids. why can't you say something, mommy? and i have to say because i have no rights to do anything. and i'm trying to teach a five year old how to make sense of something that i have a hard time making sense of as a 46-year-old woman. >> the offender could spend up to a year in jail for the offense. but everybody today has a camera phone and this bill could put private citizens at rick of prosecution.

today men's wearhouse explained why it fired the company's founder, george zimmer. they put out a response in response to zimmer's letter. he refused to work with new management and argued that they sold the company to an investment firm. it seems zimmer had a hard time understanding that men's wearhouse is a public company, and that he was against the outside options. he lives in the east bay. and men's bear o house is based in fremont. trying to act before it's too late. the president tackles climate change and outlines an ambitious new plan. communities are preparing for the possibility of seeing 10,000 state prisoners released. in tonight's reality check we take a look at the claim from the police chief's association that this presents a threat to public safety. >> it's hike planning a party when you don't know what the day is. you don't know if your guests

are going to be in town or not. also preparing for prop 8. how san francisco is gearing up for tomorrow's supreme court ruling. we're back in two minutes.

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>> the two big ones -- same sex marriage and the dough fence of marriage act. from washington, d. krrnl to the bay area, tomorrow will be historic. >> we've been waiting and waiting for this moment. and finally we have a date certain. >> reporter: following years of waiting and fighting for the right for same sex couples to mary, stuart is a man standing at the precipice. >> we're all incredibly excited, because tomorrow we can foopd out if marriages can resume again in california. >> reporter: leaving the outside world guessing as to when it would make its ruling, the supreme court announced it would reveal that decision wednesday morning. whichever way the court decides, the party is set for 7:00 in san francisco's city hall. >> you'll see the doors open at 6:30 in the morning. we've invited the pun lek to come, watch the event live.

>> reporter: the san francisco mayor will address the public immediately after the court's decision is announced. barriers are already set aside in the city's castro district for a 6:30 evening rally. >> regardless of what that court decides, we're prepared for a larger crowd in terms of the parade and celebration. >> reporter: the decision will land just in time for the pride weekend. activists say the party will go on whether the court allows same sex marns to go forward or not. >> the great thing is no matter what the court decides, the community is going to stand together, we're going to receive the decisions together, and i hope we're going to be celebrating together. >> and our coverage of the same sex ruling begins with today in the bay at 4:30 tomorrow morning. we'll be live in washington, d.c. and here in the bay area for reaction. as soon as as the ruling is announced, the today show will have a special re