down his own capital punishment. gun, knives and two high profile football players. new details only on nbc bay area about the out of control party that could send 49er and his former teammate to court. seeing 48 grows with fog in napa this morning. chilly start. a hotter looking seven-day forecast ahead. i'll have a look at changes coming up. tougher to see in the north. you can see the slowdown here as the bay bridge metering lights kick on early. we have that slowdown for the new eastern span. we'll follow the new pattern, coming up. live look outside at san jose. you can see the sun coming up. lights twinkling. a warming trend on the way. wednesday, september 4th. this is "today in the bay." good morning, thanks for joining us. i'm terry mcsweeney. >> i'm marla tellez.

update to breaking news we have been following all morning long. investigators are looking for the cause of the deadly trailer fire. "today in the bay's" christie smith is live in san leandro with an update how neighbors tried to save the woman who was found dead inside. >> reporter: good morning. san leandro police are hear helping to watch the scene. investigators don't know if this was accidental or criminal. they still don't know exactly what started this. i can tell you, neighbors walking around very distraught this morning and telling an amazing story of what they did to help. they say despite their best efforts they heard the elderly woman in the trailer say, no, i'm not okay. when they asked if she was. overnight they tried to get her out of the trailer but they couldn't. this started after 3:00 this morning. neighbors tell us that they smelled smoke at the trailer park coming from a trailer up front. they call it trailer number one. they ran and say they heard an

elderly woman inside talking. they say that she was walking around, they believe, but having difficulty because she is disabled, trying to move through the unit which they say was completely full of items when they were able to break their way inside. but they had a tough time getting in and they tried desperately to do that. >> i broke the window. i was breaking the window. that's what i did. i broke the second window. my son, he was in bed. and i ran out and he ran behind me, took a hammer, started breaking the window. >> reporter: they say not only did they break the window but they had to break the door to get in and they say they didn't hear her after that the first time. when they did get in they broke the window and the flames got worse and worse. they called 911 at the same time. firefighters arrived and they found the small trailer about 20 feet long. this is the kind of trailer you

pull, it was fully involved. they knocked the flames down. but when they got in, they found the victim inside. again, the cause is under investigation. firefighters tell us they will be here for quite some time. reporting live in san leandro, christie smith, "today in the bay." just days before the 49ers kick off their regular season, one of the team's star players and his former teammate are facing a lawsuit. this suit comes against aldon smith and delanie walker alleging an out of control house party involving guns and gangs at smith's home in san jose. bob redell live outside the team's new stadium in santa clara with more of the story only on nbc bay area. >> reporter: good morning. it's a story that nbc bay area's investigative unit first uncovered. a civil lawsuit filed tuesday here in santa clara county makes strong accusations against 49ers' all pro linebacker aldon smith and former 49er and

current titan delanie walker. the plaintiff, a man named ronndale esporlas, claims in the lawsuit he was shot twice, he sustains serious and perm injuries but does not know exactly who the gunman was. this is the first public document to provide details of a part that took place june 29th last year up this road in the east san jose foothills at smith's home. the lawsuit says smith and walker, who were legally intoxicated, appeared on the balcony of smith's home and fired shots into the air in an apparent attempt to try to end the party. it goes on to say, walker made his way down the driveway to where he allegedly fired more shots into the air and towards others attending the party. the suit claims that both men knew the handguns were illegally possessed. nbc bay area obtained these pictures from neighbors showing crime scene investigators camped outside smith's home. we have obtains this incident report from the fire department which says victims were shot in

the legs and the thigh. that the suspects left in the vehicle down the hill. the report also includes the word "gang related". yesterday aldon smith's attorney say smith have no comment upon the litigation. our station reached out to the tigtans to get a comment from walker. there's been no return yet. live here santa clara, "today in the bay." developing story in syria. president obama is gaining more support in congress for military action against that country for last month's alleged chemical attacks. the senate foreign relations committee will likely approve a measure today to back a military strike against syria. the measure would set a time limit of 60 days for military action with one 30-day extension possible and prevent the use of u.s. ground troops for combat

operations. russian president putin is warning the west against taking one-sided action in syria. putin says russia could support a u.n. resolution on military strikes if proven the syrian military used poison gas on its own people. president obama will visit russia tomorrow. today he's in sweden. new video to show you of air force one arriving at international airport in stockholm overnight. today's trip marks the first bilateral visit to sweden by a sitting u.s. president. right now we have a live look. this is inside the building in stockholm where president, he's holding a joint press conference along side sweden's prime minister. the president and the prime minister will hold a meeting after the press conference ends. >> new details in the death of ariel castro. the man convicted of holding three women captive for years

inside his cleveland home. officials say the 53-year-old hanged himself inside his cell last night. castro was in protective custody but not under suicide watch. officials say protective custody himself with guards making rounds every 30 minutes. medical personnel tried to revive castro at the prison. castro had just begun serving life plus 1,000 year sentence after pleading guilty. arturo santiago is going over new detail. he'll have a live report at 6:30. houston, authorities are responding to a reported stabbing at a high school near the town of spring. we don't know exactly how many people are hurt at spring high school, but a life flight helicopter has taken one male victim to a nearby medical center. no other details released at

this time. police and ambulances out in front of the school. continue to monitor the situation. we'll bring you updates as we get them. many people are now allowed to return home to several towns near the raging while fire in good news to report. weather helping firefighters get a handle on the flames. high humidity and low. helped firefighters reach 80% containment. so far the fire has destroyed 100 buildings including several homes. more than 4300 firefighters on the ground fighting that fire. >> the climate, the weather, really becoming the firefighters' best friend dealing with the rim fire. rob mayeda is here to talk about what's going on in our area. >> beautifully clear skies. live over san jose. none of the tropical clouds we saw earlier this week, those are moved off east. rim fire, smoke is the problem.

notice towards yosemite valley, smoke should not be an issue but upper level smoke lake tahoe and reno. weather conditions will shift as we get into friday and saturday. hot somewhere drier weather return along the fire lines approaching the weekend. 50s and 60s. napa 48. sea breeze strong through fairfield. for the rest of the area winds picking up as the system passes by to the north tossing high clouds around sunset. it's going to keep temperatures mild today. perhaps even cooler come tomorrow before things heat up for the weekend. 68 in san francisco. 84 concord. near 80 in san jose mid-70s for oakland into fremont. mild temperatures next two days. friday, notice heat arriving in the bay area. mid 90s inland by friday. now upper 90s in the valleys for saturday. hang on to 90-degree

temperatures inland into the beginning of next week. >> looking here toward that new span of the bay bridge. i want you to look toward the right side of your screen. making that bend, you get underneath those beautiful new cables and the lit up cables, it was beautiful as he drove under the canopy. there's more slowing around the bend at the top of the incline. no more s-curve but it's a beautiful, new view. sort of distracted drivers. look out for new byes. here as well toward the bay bridge toll plaza. slow down you see off of the berkeley curve, that's the orange patch. treasure island toward the left side, slowing that comes into the 50s as you're entering the tunnel. watching for the slowdown in both directions as you come out of the tunnel as well. a new view. folks come back up the same level as those approaching. east shore freeway, smooth drive. earlier bunch up around golden gate field starting to clear.

smooth out and speed in the 50s through richmond and the berkeley area as that volume continues to bill through this area. rob talked about fog. orange patch, traffic and weather tied together, american canyon, napa with fog. san rafael. look at 101 southbound, volume building but no slowing, novato through san rafael a smooth drive. >> looking forward to getting out on that new span of the bay bridge. >> maybe this weekend. i won't attacktake a picture. suiting up for the season. who is stepping in to make sure jv football team is outfitted for its first kick-off. watch for watches. new announcements from different high-tech firms with smart watches. gay rights at olympics. what putin says will happen to anyone who flies a rainbow flag

during winter games in sochi. breaking news, spring, texas, near houston, we are hearing reports of a stabbing at spring high school. at least one person airlifted from the scene to a local hospital in texas. 6:12. ♪

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with our new, improved peanut butter chewy bars. breaking news near houston, authorities responding to a reported stabbing in a high school near the town of spring. one person has died as a result of whatever was going on at spring. a person stabbed, taken to the hospital. it'sen clear how many people are hurt in total. a life flight helicopter did airlift a male victim to a medical center. we have the confirmation of one person dead. we'll continue to monitor the situation and bring it to you as information comes in. >> that person is 16 years old.

again, a story we will continue to follow. here are today's other top stories. nbc investigative unit reporting 49ers' linebacker aldon smith and former 49ers' tight end delanie walker facing a new lawsuit. a man is suing the players, clal he was shot during a house party at smith's home last year. the suit alleges smith and walker waved handguns during party and fired shots into the air and into the crowd of partygoers. an attorney for smith saysjú he has no comment. the man who kidnapped and held three women for more than a decade inside his cleveland home is dead this morning. police say ariel castro hanged himself in his ohio prison cell last night. castro recently sentenced to life plus 1,000 years in prison. a senate committee takes a key vote on whether to support a military strike on syria. key lawmakers agreed to an action plan that does not

involve sending ground troops into syria. president putin is trying to ease concerns that his country's new anti-gay law will be used to punish athletes during the winter olympics in sochi. putin says athletes will not be punished if they raise rainbow flags during the game but was he h during the games. putin insists gay people are not discriminal natured against telling the press, i assure you i work with these people, i sometimes award them with state prizes or decorations for achievements in various fields. we have absolutely normal relations and i don't see anything out of the ordinary here. putin says obama is free to meet with activists in russia. it plans to meet with obama in st. petersburg thursday.

ready for a string of new smart watches. >> samsung to show off the first. >> we have been debating this idea of the smart watch. bertha cups and i were talking we didn't see the appeal. mike inouye, though, said, think of it not as a watch but a wearable computer. that makes sense. samsung has a big launch in berlin at 11:00 a.m. our time. this is video of samsung's last product announcement in new york city last spring. we expect controversy as well. samsung's product announcements tend to be strange. apple will have its own announcement next week. we expect a better iphone 5, the iphone 5-s. and more importantly a cheaper iphone designed for emerging markets like china and india. linkedin will offer more shares in the company to investors. they want to raise another $1

billion. in papers filed, it gives no reason for fund-raising. it's possible it has a purchase in mind. the new stock structure will still leave the founder with 60% of the votes. he's still in charge. investors don't like secondary offerings. it dilutes value of their share and kind of feels like cheating to the investor because they say, here's the shares, buy some if you want them, you do, and then later a company says, here's more shares. now, linked in shares did suffer. down 2% on that news. >> thanks very much. rob mayeda is in for christina loren. time to look at the wednesday forecast with a beautiful bay bridge in behind you. >> western span looking nice. watching the light displays go on into the morning no fog here. towards napa and parts of the north bay, patchy, low clouds slowing the morning drive.

you can see, 48 degrees in napa right now. chilly out there in the north bay. 60 san jose. 59 san francisco. 63 oakland. most places running cooler than 24 hours ago. the trend for the weekend will be watching temperatures climbing on up. winds southwest of 20 to fairfield and the sea breeze getting into san francisco this morning. what's going to happen during the day, high clouds drifting into the afternoon. this system here is going to usher in a strong sea breeze for the next two days. it's going to keep temperatures down in the 70s to low 80s inland. as the sea breeze starts to shut down, come friday and the weekend, 90s inland. 70s and 80s by the coast beginning friday and lasting into next week. close to 80 san jose. 78 palo alto. tri-valley, mid-80s by 1:00 or 2:00. early in the afternoon. and winds are going to pick up out of the west, cool things off as we approach evening around the tri-valley. 68 in san francisco. low 80s in the north bay.

temperatures cooling a bit here actually getting into tomorrow. and then friday numbers jump up and they're going to stay there for a while. mid to upper 90s. heat coming back for the weekend. and watching out in our bay area hilltop saturday for dry wins at times this weekend. >> word of caution and a word to be watching out for any signs of smoke or fire because of the dry winds. beautiful hills, you only have the slow down for the tri-valley, 580. 84 nothing unusual from this shot. once 84 meets up with 680 and it jams up past the golf course. south bound 680, traffic slower through the sunol area. live camera there has traffic flowing away from us at a good standstill. stay on the maps. look at a slower drive past sunol. there you go. traffic bunching up. the bend, the golf course. it slows down up the incline

toward the freeway side. two spots now where they meet. it could cause slowing. the same area as traffic flowing south of there. once over the hill to froo month moves slowly. north of 680 toward the airport, 87 and 85 traffic building. kicking off our yellow speed indicators. towards south 880, volume of traffic building off of 238, past san mateo bridge and through union city and free month for the volume to cause slowing but no incidents. bay bridge toll plaza, we have all lanes backed up right now. metering lights are on. but up until a couple of minutes ago all but left lanes backed up. left lanes, there they go, still filling in. it's din now than the last

couple of days. metering lights we see metering lights here this overcrossing here, it's a smooth drive around these two billboards as you make your merge on to the new incline. it's clear again up the incline. the shifts in your commute and patterns, folks are adjusting. that will continue. >> because of the bay bridge is becoming a tourist destination. >> yeah. something nice to look at. 6:22 now. update to the breaking news following. deadly stabbing at a high school near houston as we take you there live. we have new details ahead. determination, the drive, and now the gear. tell you who is stepping in to keep a junior varsity football team sidelined.

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because when you keep going, the morning can bring you to brand new places. ♪ nature valley. nature at its most delicious. break news near houston where authorities are responding to a reported stabbing at a high school. the houston subburg of spring. one person dead, two people in custody. one of the victims, a 16-year-old boy, taken by life flight helicopter to a nearsby hospital. 6:25. bay area native and former nba superstar jason kidd part owner of the team.

he coaches the brooklyn nets. jay-z selling his stake in the team to kidd for about $500,000. the star forced to share his share because of a conflicted interest. a good story, here it comes, great news for san jose's beg gunderson high school football team. there's a season afterall. the season was in jeopardyiq' the team could not come up with enough equipment for 20 players. help came from all over, including rivals like santa teresa high. james jones also helped out. >> love ji6ñit. 6:26. still ahead, fog rolling in over the south bay. not from the weather but because of mosquitoes. which parts will be blanketed in a fight against a west nile

virus. cracking down on racial profiling during detentions. how the police department is changing its policy, next. ariel castro dead inside his prison cell. new details about how and why the convicted kidnapper chose to end his own life ahead if a live report. [ wind howling ]

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breaking news. a body found inside a burning trailer. new details and i live look at scene. ariel castro found hanging inside his own prison cell. why a man sentenced to life de himself the death penalty. the suburb of spring, a stabbing turned deadly at a local high school. new details, next. live look at opening bell. it's wednesday, september 4th. this is "today in the bay."

[ bell ringing ] good morning. thanks for being with us. 6:30. i'm marla tellez. >> i'm terry mcsweeney. houston, supports are responding to a reported stabbing at a high school in the houston suburb of spring. we are now hearing as many as five people could be hurt. we do know one person is dead, two people are now in custody. the harris county sheriff's office says one of the victims, a 16-year-old boy, taken by life flight helicopter to a nearby medical center. no other details are released. we will continue to monitor the situation and bring you updates as we get them. update to breaking news. san leandro fire investigators are looking into what sparked a deadly fire at a trailer park.

it happened after 3:30 this morning. located on grand avenue off of interstate 580. neighbors tried to free the woman trapped inside but they were overwhelmed by smoke. christie smith at the scene speaking to investigators. a live report coming up in 15 minutes. new details on the apparent suicide of ariel castro. the man convicted of holding three women captive for years inside his cleveland home. the 53-year-old hanged himself last night. "today in the bay's" arturo santiago joins us with more on the investigation. good morning. >> good morning. investigation is under way this morning into how castro was able to kill himself. he was supposed to be in protective custody, meaning monitored everywañ minutes, but not on suicide watch. he did have the cell to himself and it's not clear how he did it or what he may have used. castro was found hanging in his

prison cell in ohio after 9:00 last night. the staff at the prison performed cpr. he was taken to a hospital in columbus, where he died around 11:00 last night. castro was sentenced in august to life in prison, plus 1,000 years after pleading guilty to 937 counts, including kidnapping, rape, and torture. he held three women captive for years in a home located in a cleveland neighborhood. that house was torn down, replaced by a park. a lot of people in the community are applauding the death. there are looming questions how there could be a lapse in the system. >> if anything but a suicide or its a suicide we'll get to the bottom of it. there's no way we're going to let this go in light of the fact it's been 30 days. >> just a few minutes ago, cleveland's mayor released this statement saying, quote, our focus remains on the well-being of the survivors of seymour

avenue. it's our sincere hope they will continue to heal and recover. i ask the community to respect the private of the survivors so they can move forward with their lives, end quote. an attorney for one of the vi g victims says the three women will not be commenting on the death of ariel castro. an investigation under way into how castro apparently killed himself in his cell in ohio weeks into his prison sentence. live in the newsroom, arturo santiago "today in the bay." san jose poised to put more police officers on the streets. approving a plan to add 200 officers to the force over the next four years. it will restore 10% pay cut officers took during the recession. police officers association says the time frame is too long and full of empty promises. the new plan will cost the city $50 million per year. vector control crews out in full force throughout the south

bay tonight fighting the spread of the deadly west night virus. crews fogging for mosquitoes again in north san jose. they'll be focusing on the area between lundy avenue, highway 101 and in milpitas also. crews fogging along interstate 680. santa clara officials say adult mosquitoes in san jose and milpitas tested positive for the virus. the fogging starts at 11:00 tonight. >> rob mayeda, see what happens going on weather-wise. a change on the way. >> we do. san jose, mostly clear skies. beautiful tart to the morning. we'll see sunny skies heading into the weekend. temperatures will climb up. some places waking up to patchy been down to a quarter mile. that has improved now. up to two miles. heading into the north bay, napa, around the carquinez straight, you will find patches

of low clouds. 59 san francisco. 60 san jose. onshore winds, they will increase into the afternoon and it will be blustery, especially around the peninsula, system passing by to the north ushers in a slightly stronger sea breeze. later this afternoon, on into tomorrow, our temperatures are looking mild. 80 san jose. 68 san francisco. about 75 degrees in oakland. low to mid 80s inland towards the tri-valley. as we get into tomorrow and you'll see temperatures climb up past thursday. friday, mid 90s in the forecast. by saturday and sunday, now in the mid to upper 90s in the valleys. but the coast looking good, mike, 70 and 80s around the weekend. >> here, we're are looking toward the berkeley curve and the bend. slowing. with taillights packs in going to the right and heading towards bathe where the metering lights are on. additional problem, from that

came camera look at backup, 880 overcrossing on the bay bridge toll plaza, traffic flowing off slowly. somewhere along the stretch reports of a new crash in lanes there, 880 at interstate 880. look at that backup. they may have trouble getting there. we'll monitor the updates from chp. circling area of the incident. the slowing for the last couple of minutes cleared off of 880. they may have moved it already. slower drive around the berkeley curve and the east shore freeway. 580 and 84 standard through the tri-valley. 680 jamming up towards past highway 84. slow toward around g7iandratti reports of a stalled vehicle. chp has not reported it yet. that is your jam-up. but past that you're okay down to the south bay with standard 101 slowing. 6:36.

still ahead, lance armstrong under oath. we'll tell you why the disgraced cyclist is on the stand. it's halloween time my frightful fiends,

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welcome back. 6:39. lance arm strong may have to speak about out his use of performance enhancing drugs under oath. a texas judge could order him to

answere+9 questions about who what when about his doping. pushing for information to recover $3 million it paid armstrong in bonuses. his attorney says the push is a, quote, fishing expedition. new hearing ordered in the controversial rape sentence of a former teacher in montana. a judge initially sentences the teacher to 30 days triggering an outpouring of froefts. the judge says state law may require a two-year mandatory prison term. the judge was criticized for saying the former teacher's 14-year-old victim was, quote, older than her chronological age and that she had some control over her relationship with her former teacher. 6:40. a body buried in the ashes. the investigation at the scene of a deadly overnight fire ahead in a live report. out of control party at the home of a 49er. new claims about guns, knives,

and gangs in a report you'll only see here on nbc bay area. drive across the golden gate bridge looks clear. speaking of clear skies, a big warm-up on the way, well into the 90s. the bridge is a local landmark but i widened this shot. you can see the shell station on the right here. and denny's on the left. that's the east shore freeway. that's where things jam up toward the berkeley curve. the toll plaza is open, metering lights on, it's a popular place to be. we'll show you that. a veslowdown for sunol.

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are responding to a reported stabbing at a high school in the houston suburb of spring. we are hearing as many as five people could be hurt. and here's a live look at the scene. you can see, students and investigators, police, out there talking to students. we can tell you that one person is dead, two people are now in custody. the harris county sheriff's office says one of the victims, a 16-year-old boy, taken by life flight helicopter to a nearby medical center. it happened before 7:00 this morning local time. on school property. no other details released. we will continue to monitor this scene and bringing you updates as soon as get them. update to breaking news. bay area investigators looking for the cause of a deadly fire at a san leandro trailer park. "today in the bay's" christie smith live in san leandro with details how neighbors tried to save that woman inside. >> reporter: good morning. i got an update from

firefighters, they're saying because the trailer was small, they had to go through every single item in it to determine what started it. they say this is more difficult than looking for a cause inside of a typical home. but neighbors are telling a heartbreaking story of what they did to try to help. they say that they could hear an elderly woman inside. when they asked if she was okay, she yelled no. they say that was the last they heard from her as they tried to break doors and windows to help get her out. they say they first smelled smoke around 3:00 this morning at the trailer park in unit number one up front. they say an elderly woman with a disability lived there had to force the door. >> grabbed it and opened but there's locks, i never seen locks like that in a trailer. she has locks on her door. she must have been in the back because the second window, that's the one i was breaking. this one, too. >> reporter: you broke the

window, broke the door, you hurt your hand but you couldn't get her out in if i couldn't get her out. it was too much smoke. >> reporter: firefighters have not said to us whether the victim was a man or woman. no identification yet. neighbors say it was a woman. firefighters say that when they arrived, smoke and flames were pouring out of the unit. again, not a mobile home but a trailer. they made it inside and found the victim had died. firefighters tell us they will be on scene for some time. no word on the cause. live in san leandro, christie smith, "today in the bay." 6:46, time to check the weather. as we give you a live look at the western span of the bay bridge. >> hasn't been getting much coverage. >> poor thing. it's neglected the last couple of days. but it's doing its job, carrying cars across the bay into san francisco just fine. >> rob mayeda right now, see what's going on weather-wise. >> clear skies on the western span of the bay bridge.

san jose looking nice. silicon valley sunrise, fog-free. patchy, low clouds in a few spots around the north bay by napa. 50 degrees. napa county, towards marin and sonoma, grab the jackets. 24 hour temperature change, things have cooled off a little bit. we lost the tropical heat and humidity and replaced it with typical pacific ocean cool sea breeze moving inland to fairfield southwest of 20 miles per hour. as we go through the afternoon, we see the sea breeze strengthen around 2:00, 3:00. helping that a weather system passing by to north that's going to give us a bit of a brief cooldown, a stronger sea breeze over the next two days. as the sea breeze starts to shut down, warmer air settle into the valleys. well into the 90s. starting friday, and likely peaking at saturday with upper

90s inland. 70 and 80s comfortably mile near the beaches. turning breezy, south bay, northwest wins picking up around 4:00. 83 santa cruz. tri-valley see the warmest temperatures, mid-80s around pleasanton and sunol, towards fairfield. 68 in san francisco. 70s around oakland. gorgeous baseball weather with the a's game at 12:35. mild temperatures through thursday. friday, numbers jump up. they're jumping up big time for the weekend. mid to upper 90s. late summer heat wave, 70s near the coast and cooling next week. by then we'll be hoping for the fog to come back in and cool us off. >> by then. i'm hoping for it now to cool off. looking here toward the east shore freeway. this is coming in now, rolling in west 80, this is all of the traffic flow off of richmond, past golden gate fields, bogged down. a break past university.

then it slow down south of this. west i guess on the freeway at powell towards the berkeley curve, slow. talking about a slower pattern here down through the area. again, smooth drive, you saw that, really right here where things are bogging down, berkeley curve maze out of the area. folks towards the bay bridge want to see the new span, taking it in, going slower. metering lights keeping the traffic more light. 580 westbound flow is smoothly. no surprises 84 through livermore. 680 the problem, really bogging down as far as speeds go, into the 30s as you head towards andretti. speeds coming up, the latest sensor read is 26. 30s past highway 84. here's your northbound route san jose, 101 kicks in around capital expressway. nothing dramatic now.

87 the same thing. 280 around the 880/17, a burst of traffic. first slowdown out of the interchange as well. live look at palo alto. north bound, smoothly. south bound a burst of traffic but still at limit along 101 and the peninsula. watch from san mateo through palo alto and into the south bias well. >> 6:50. 49ers star linebacker and legal trouble days before the start of the regular season. the suit comes against aldon smith and also former 49er, delanie walker. it cites out of control house party involving guns and gangs at smith's home in san jose. "today in the bay's" bob redell g jo joins us live with a story only on nbc bay area. >> reporter: good morning.

nbc bay area's investigative unit first uncovered the story, civil lawsuit filed tuesday here in santa clara county, makes strong accusations against 49ers linebacker aldon smith and former 49 liner and current titan delanie walker. ronndale esporlas claims in the lawsuit he was shot twice, that he sustains serious and permits injuries but does not know who the gunman was. this the first public document to provide details of a party that took place june 29th last year, up this road, in the east san jose foothills at smith's home. the lawsuit says smith and walker, who were legally intoxicated, appeared on the balcony of smith's home and fired shots into the air in an apparent effort to end the party. walker then made his way to the driveway where he allegedly fired more shots into the air and towards others attending the party. the suit claims both men knew the handguns were illegally

possessed. nbc bay area obtained these pictures from neighbors showing crime scene investigators camped outside smith's home. we have obtained this incident report from the san jose fire department which says victims were shot in the legs and the thigh, the suspects left in a vehicle down the hill. the report includes the words gang related. yesterday aldon vbpsmith's atty told nbc bay area smith will have no comment on the pending litigation. our station also reached out to the tennessee titans for comment from delanie walker, we have not yet heard back from them. bob redell, "today in the bay." memorial service held for one of the women killed in a crash near the san jose airport. remembered at st. praatrick's church in downtown san jose. the families gathered for a prayer vigil where the women were killed monday. the drive who hit them has yet to be found.

sentencing for joseph naso set to begin today. found guilty last month of killing four women. murders happened in the '70s and '90s in northern california. he acted as his own attorney during the trial. family members of one of the victims hope his gets the death penalty. the school district embroiled in a sex abuse scandal reached a settlement with another victim. the district to agreed to pays $1.8 million to a woman abused by daniel÷ witters. the payout follows another settlement made to another alleges victim. both claim the school district ignored warning signs and failed to report allegations, allowing other students to be victimizes. two other lawsuits are pending. former san jose doctor is facing charges of stealing money

meant for cancer research. he used to work as a radiologist at valley medical center. accused of embezzling more than $46 million in federal grant money intended to reimburse valley med for a research study of cancer patients. investigators believe he spend some money on credit card bills and his parents' mortgage. he turned himself in to police next week into san mateo county authorities test brand-new tsunami sirens. there have been several majorth quakes around the pacific ocean in the past 24 hours including 6.5 magnitude quake off the coast of alaska, another same size off of japan but none triggered tsunami warnings. they are a reminding of the tsunami that crashed on to the california coast. images of cars trying to escape to higher ground in half moon bay fresh on people's mind. the tsunami warning system was

due for a replacement. the county's installed eight new sirens along the coast. big birthday in silicon valley. google turns 15 today. >> scott mcgrew will sing it now. >> not a chance. >> not always named dole. >> back rub the first name. 15 years ago today, google was incorporated. it existed before then as a ph.d. product but made official today. the company works out of a garage, as we see old video of the fellows. you can see the original servers, the computers they used at the computer history museum in mountain view. a look at markets, both the nasdaq and the dow industrials continue to climb higher this morning. facebook just under a 52-week high at 42 and change. we'll be watching samsung. in berlin at 11:00 hour time, they'll announce new products. we expect a smart watch, maybe

more phones and apple has its product announcement next week. >> lots going on in your world. rob mayeda, see what's go on weather-wise. >> nice start this morning. we did have patchy fog in a few spots around the nor bay down to a quarter mile at times. napa, down to 50. a chilly start there. 59 in san francisco. high clouds approaching the coast. that's going to reinforce the sea breeze. 70s to low 80s inland today for the valley. 68 san francisco. 75 oakland. tomorrow a brief cooldown. then the warm just begins 90s inland friday. hot summer-like weekend ahead. >> looking at south bay. kicking in now getting close to the 7:00 hour. volume builds for 101. from yorba buena toward the airport. see speeds come down towards the orange zone, speeds in 50, 53-mile-per-hour range. northbound capital to kurter in

slowing. 87 and 85 towards cupertino, campbell area. slower drive out of one town in toward the cupertino area. as we look outside a live look past the coliseum, north 880, flashing lights, disabled vehicle. they have helps one person off. that's the reason for a slowdown. the build as well, throughu downtown, see slowing. from both directions for 880 in the next half hour. bay bridge toll plaza. backup, as you might assume, it's there. slower drive is smooth across the new span. but look at low clouds. those are hovering around, not a problem for oakland. but as rob talked about, spots from north bay, napa, american canyon, fog for stretches, especially highway 29. bay bridge toll plaza, popular, crowded but no incidents on the span now. >> time 6:57. final check of the top stories.

police have two people in custody the a houston area high school after a deadly stabbing. one person dead, four treated for stab wounds. one of the victims is 16 years old. the stabbing happened in the school cafeteria before school started. a second person found dead inside a burned out trailer in san leandro this morning. neighbors said they saw smoke coming from the trailer early this morning. an elderly woman was trapped inside and killed by the flames. investigators say they found a second body inside the trailer covered by a pile of debris. a senate committee takes a key vote whether to support a military strike against syria. key lawmakers from both paerts agreed to an action plan that does not involve sending ground troops into syria. starting today, the first draft of star wars is brought to life as an it's a-issue mini series of comic books.

>> take a look. draft written three years of about the moddy was made. for example, darth vader did not wear a helmet. luke skywalker was older and a general. hands solo was green. there were no lightsabers. >> how can hands solo be green. >> >> something didn't agree with him. storm troopers did break out the laser sword. >> i've had the pleasure of being at the skywalker ranch. they have their own fire department, cool. chewbacca. >> dropping names here as we wrap up. >> perfect segue, right. >> i guess so. >> hi, george. that's what's happening "today in the bay." >> your close friend. >> back at 7:26 with a live local news update. >> have a great day.

good morning, breaking overnight. this just one month after being sentenced to life in prison for holding three women captive for a decade. we'll have an exclusive interview with castro's torney. closer to action. lawmakers expected to hold the first vote on authorizing the use of force in syria today as president obama arrives in europe overnight to make his case to leaders. this morning, why donald rumsfeld says the president's plan is a, quote, embarrassment.